The URL can be used to link to this page

Home My WebLink About6175 APPEALS BOARD MEMBERS Gerard E Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman Mailing Address: Southold Town Hall 53095 Main Road · RO. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS ~}ECEI,VED 4~ TOWN OF SOUTHOLD ,- ,, ~ Tel. (631) 765-1S09o Fax (631) 765-9064 ~ "~ { XU ,. 5 2008 . FINDINGS, DELIBERATIONS AND DETERMINATION ~~'~ MEETING OF JULY 17, 2008 $outhold Town Clerk ZBA #6175 - JOSEPH ZITO (by Allied Builders/Richard Feehan) Property Location: 3600 Deep Hole Drive, Mattituck CTM 115-17-8 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this apphcation 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 apphcant's property is a nonconforming 12,022.928 square foot parcel located in the R-40 Residential Zone District, improved with a one-stow wood frame dwelling, as shown on the November 30, 1998 survey prepared by Stanley J. Isaksen, Jr., licensed land surveyor. BASIS OF APPLICATION: This application is based on the Building InspectoFs April 8, 2008 Notice of Disapproval, citing Zoning Code Article XXIII Sections 280- 122A and 280-124 (formerly 100-244), and ZBA #5039 (Code Interpretation in the Matter of Roger Walz). The apphcant proposes to build a second-story addition to the existing single-family dwelling, which new construction will be set back less than 35 feet from the front lot line. The Notice of Disapproval states: Nothing in this article shall be deemed to prevent the remodehng, 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 single-family dwelling notes a front yard setback of 27 feet. The proposed construction, on a non-conforming 12,022 square foot parcel in the Residential R-40 District, is not permitted, since construction on non-conforming lots measuring less than 20,000 square feet total size require a minimum front yard setback of 35 feet. Page 2- July 17, 2008 ZBA # 6175 - R. Zito CTM 115-17-8 FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on June 26, 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 is proposing to build a second-stow addition to an existing dwelling, which new construction will have a 27 ft. front yard setback, which setback maintains the same setback as the existing single-family dwelling. 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 housing along Deep Hole Drive is very mixed and the applicant's dwelling is one of the smallest. What he is proposing will be only an improvement for the neighborhood. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue other than an area variance. The code states the front yard setback requirement is 35 feet for lots measuring less than 20,000 square feet. The applicant's front yard setback is 27 feet and will remain so after the construction. 3. Town Law §267-b(3)(b)(3). The variance requested herein is not substantial as the front setback will remain the same and no other variances will be required. 4. Town Law §267-b(3)(b)(5). The difficulty has not been self created. 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. The remodeling and adding of a second-story to the dwelling will only have a positive effect on the neighborhood. 6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a second-story and remodeling his dwelling in the same foot print, 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 Oliva, seconded by Member Simon, and duly carried, to Page 3 - July 17, 2008 ZBA# 6175 -R. Zito CTM 115-17-8 Grant as applied for according to the survey dated November 30, 1998 by Stanley Isaksen Jr., Land Surveyor, and plans prepared 3/10/08, amended 3/17/08, by Dennis Ramsarran, P.E. subject to receiving a certification letter signed by a licensed engineer stating the existing foundation is structurally sound to accommodate a second-story addition, as proposed, on the dwelling. Any deviation from the variance given such as extensions, or demolitions which are not shown on the apphcant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members~hring~rr~imon, and Weisman. This Resolution was duly~p~d~5-0).//~ ~/ - .//~~ / Gera~i~. Goeh~ger, C}~airma~ 8/.///2008 roved for Filing B REAR ELEVATION SCALE 1/8" = 1' LEFT SIDE VIEW SCALE 1/8" = 1' FRONT ELEVATION SCALE 1/8" = 1' RIGHT SIDE VIEW SCALE 1/8" = 1' PROPOSED TWO STORY FOR THE EXTENSION ZITO PROJECT ,5600 DEEP HOLE ROAD MATTITUCK, NEW YORK INDEX 1 of 7 TITLE SHEET 2 of 7 FOUNDATION PLAN & DETAILS 3 of 7 GROUND FLOOR PLAN & PLUMBING PLAN 4 of 7 SECOND FLOOR PLAN 5 of 7 DETAILS & SECTIONS 6 of 7 CODE COMPLIANCE 7 of 7 CODE COMPLIANCE MAP EVIEWED.I TOWN OF SOUTHOLD USE RESIDENTIAL OCCUPANCY CLASS RES. HEIGHT OF BUILDING NOT TO EXCEED 2 1/2 STORIES TYPE OF CONSTRUCTION TYPE 5 JOB DESCRIPTION: APPROX. 653 SF. 2nd FLOOR ADDITION & 1st RENOVATIONS TO PORCH WINDOW AND DOORS TOTAL FIRST FLOOR = 906 SF TOTAL SECOND FLOOR = 653 SF PLUS 97 SF DECK EXISTING VIEW TITLE AND LOCATION: 5600 DEEP HOLE OWNER: MR. JQSEPH ZITO ROAD SHEEr No. ALLIED BUILDERS CUSTOM REMODELING 1 MAIN ROAD, ORIENT, NY 11957 OF ,RAWN BY:D.D. SCALE: as noted PROJ Noir0638 ~ i DATE: 2HECKED BY: SECTION SCALE N.T.S. NEW EXISTIN( 24'X24' CONCRETE FOOTING 36' BELOW GRADE SEE DETAIL I THIS PAGE (~yp,) Ld NOTE. ALL NEW AND EX]STING FLOOR AREA EXPOSED TO THE OUTSIDE AIR WILL BE INSUEATED WITH R-32 AND COVERED WITFI PLYWOOD SOFFIT (3) 8'X8' -NEW GIRDER GIRDER EXISTING OUT SIDE PATIO AREA 8' CflNC, BLOCK WALL 36' HIGH AROUND PATIO AREA CONCRETE FOOTING 36' BELOW GRADE SEE" DETAIL 1 THIS PAGE (typ,) (3) 8'X8' NEW GIRDER °I DF NEW EXTENSION ABDVE LIMIT DF NEW ABOVE UNFINISHED EXI~-TLN G BASEMENT CDLS, 0 FLrp, sNACE FOUNDATION PLAN SCALE 1/4" = 1' 32'-4· NOTE: FIELD ADJUSTLOCATION DIMENSIONS TO MATCHFIELD CONDI~ONS. NEW EXISTING FINAL MAP REVIEWED BY SEE DECISION # DATED41 /~ BOARD OF FOUNDATION PLANS & DETAILS LOCATION: 3600 DEEP HOLE ROAD OWNER: MR. JOSEPH ZlTO ALLIED BUILDERS CUSTOM REMODELING MAIN ROAD, ORIENT, NY 11957 DRAWN BY: O.D. SCALE: 1/¢"=1'-0" PROd ND.R0658 CHECKED BY: FILE: DATE: 5/10/08 SHEET No. 2 OF RDDF RISER DIAGRAM N. T. S. NEW EXISTING j LLI EXISTING PORCI[ WALL WITH 4.5' (MIN.) SOLID SUPPORT TD FOUNDATION O M DROOM FORMER BEDROOM PIANO ROOM 1 3/4'X14' G-P LA~N LVL CONTINUOS THE FOUNDATION LANDING 2'X6' WALL WITH 4.5' (MIN,> SOLID SUPPORT TD FOUNDATION GROUND MAY 1 § 2~0,8 BOARD OF NEW EXISTING t RELDCATE EXIST PLATFORM AND STAIRS TD NEW LDCATIDN AS SHOWN DN PLANS EXISTING HOUSE WALL REMOVAL NEW CONSTRUCTION ~D SMOKE DETECTORS SHALL BE INTERCONNECTED, SINGLE STATION, SMOKE DETECTION DEVICES IN ACCORDANCE ~1 STATE IRC REQUIREMENTS CARBON MONOXIDE DETECTORS SHALL BE CODRECTLY CONNECTED TO UGHTING ClRCUT V~Ni'ILAqON ANP LI~Hf I I FINAL MAP REVIEWED BY ZBA SEE DECISION #?~.~_1 FOORPLAN & PLUMBING LOCATION: 3600 DEEP HOLE ROAD OWNER: MR, dOSEPH ZITO ALLIED OUSTOM MAIN ROAD, BUILDERS REMODELING ORIENT, NY 11957 PLAN SHEET 3 OF DRAWN BY: D.D. SCALE: 1/4"=f-0" PROJ No. R0638 7 CHECKED BY: FILE: DATE: ,~/10/0~ SHUTTER SUPPORT PLYWDDD SHUTTER fl: SItLYrFER DESIGN NOTES: L SHUTTERS M~ASUREMENTS TO BE ADJUSTED TO I~T INSIDE OF WINDOW FRAME. 2 PLYWOOD TO BE FASTENED TO TIlE I"X4" WITH 1 ~" NON-RUSTING WOOD SCREWS INSTALLED FROM THE PLYWOOD SIDE EVERY 6" DC. 3. SI ,'I.WTERS TO BE STORED ON SITE FOR USE DURING STORMS. 4. HOME OWNER TO BE INSTRUCTED ON THE INSTALLATION. SHUTTER DETAIL N.T.S. EXISTING RnrlF OVER FIRST AROUND FUEL q MASTER BEDROOM SITTING AREA BATH ,I CO D REC11.Y CONNECTE~ TO UDHTINO C RCU T ~ IN ACCORDANCE ~1 SUFFOLR COUNTY CODES /N SD HEABER HEADER SKS2g3S v .t MASTER BEDR~M~ SK82838 MA'( 1 5 ~OARD OF APpeAL':: EXISTING HOUSE WALL REMOVAL NEW CONSTRUCTION SECOND FLOOR PLAN LOCATION: 3600 DEEP HOLE ROAD OWNER: MR. JOSEPH ZITO SHEET ALLIED tFUILD£R$ CUSTOM REMODELING 4 MAIN ROAD, ORIENT, NY 11957 OF DRAWN BY:D.D. SCALE: 1/¢"=f-0" PROJ No. R0638 No. 7 CHECKED BY: FILE: DATE: .3 (~ RAFTER TIE SCALE: N,T.S. (~FLOOR TIE ANCHOR SCALE: N.T.S. RIDGE TO PLANS) ROOF RAFTERS PLANS) (~ RIDGE VENT DETAIL NTS [~ ~U~.E JDISF C[]N~TRUCTION [~ FLOR 8PENING, FACE HI]IJNT ItA~GERS ~]JDI§T SPACING BELflV PLUMBING (2)2"X10" W/ 1/2" PLY~D SPACER 4"X' POST 8" O.C. 2"X6" TOP 1"X4" MID RAIL SEE BETAIL J PAGE -13 INSULA~ON (Eyp.) 1/2' PLW~OD WRHVINAL GRADE CDNC, FOOTING ~ITH ANCHOR BOLTS SECURE COL, AS PeR PLANS ii i OPENING J-- BY SIMPSON OR TYP. AT WIN. HDR. R.R. AT 16" O.C. AS PER PLANS DB[. TOP PLATE AT FLOOR OR SINGLE STORY HEADER STRAPS TYP. 2ND FLR. EXL WALLS :NAME WINDOW S~RAPPIND DETAIL R-19 INSULATION PROVIDE ICE SHIELD TO 24" INSIDE DCIERIOR WALL IN ACCORDANCE (N~ CODE) -(2) 2'XR HEADER 0~ HALL & NAILE[ SACK ONTO 1HE T.G.I.'S AS PER DETAIL R-32 INSULAllON SORA HEADER COLLAR TIES ~ 32' D.C, · T cont. 2"x10' RIDGE ASPHALT ROOF SHINGLES -- OVER 15 LB. FELT OVER 1/2" PLYWOOD SHEAI~IING SIMPSON 7 HURRICANE I1ES O EACH RAFIEN TYP. TO S1RAPPING SCHEDULE T&S TYP. ALL SURFACES BEDROOM l'x8" FASCIA -- CONT, VENTED SOFFIT STUD WALL ;IDING TO MATCH EXIST. OVER R{DGE {NSULA]]ON OVER HOUSE WRAP OVE 1/2' HLW~OD SHEATHING (TYP) FIRST FLOOR MAIN ROOM EXIST. BASEMENT SECTION "A"-"A" SCALE 1/4" = 1' FINAL MAP REVIEWED BY ZBA SEE DECISION # DLTED r/ / /T / ~AY 1 5 BOARD OF APPE ,,si SECTION & DETAILS LOCATION: 5600 BEEP HOLE ROAD OWNER: MR. JOSEPH ZITO ALLIED CUSTOM MAIN ROAD, BUILDERS REMODELINO ORIENT, NY 11957 DRAWN BY:D.D. CHECKED BY: SCALE: 1/4"=f-0" PROd Nc. R0658 F LE: DATE: 5/10/08 SHEET No. $ OF CLIMATIC AND GEOGRAPHIC DESIGN CRITERia (TABLE 301.2{11 ~501.2 (5) R301.2 (4) q301.2 (2~ {501.2 (3) R301.2 (6) R301.2 (7) R905.2.7.1 NAILING SCHEDULE FROM WOOD FRAME CONSTRUCTION MANUAL, 1995 ED. dO,NTDESOR,P GN I =EHCE I NUNDERoFN^,LS I SPAC'NGNAiL I Z',I W' ROOF FRAMING RAFTER TO OP PLATE 3-Sd PER RAFTER 2DB LES. 102 LBS. NAILEn~., tABLE 3,3A (TOE CEILING JOIST TO TOP TABLE 3.3A 5-8d PER JOIST 288 LBS. 102 LBS. PLATE (TOE NAILED) CEILING JOIST TO TABLE 5-7 6-1DJ EACH LAP ~4`4 LBS. 187 LBS. PARAI I R RAFTER (FACE-NNLED) (TOE NAILED) (FACE NAILED) (FACE NAILEO) STUD TO STUD (FACE NAILED) 2--16d 24"0.C. 296 LBS. 125 LBS. (FACE NAILED) BRIDGING TO JOIST 2-8d EACH ENO 192 LES. 68 LBS. (TOE NAILED) (TOE NAILED) TOP PLATE (TOE NAILED~ (TOE NAILED) (END-NAILED) BANDJOIST TO SILL OR 2-16d(11 PER FOOT 316 LBS. 118 LBS. 25/32" 8d 5' EDGE/6" FIELD NAILING SCHEDULE FROM WOOD FPO. ME CONSTRUCTION MANUAL, 1995 El) FLOOR SHEA~ HIND STRUCTURAL PANELS I I 1' OR LESS 8d GREATER THAN 1" 1Od DIAGONAL BOARD SHEATHING NOTES: 6" EDGES/12" FIELD194LBS. I iD" EDGES/ID" FIELD 153 LBS. PER SUPPORT PRESUMPTIVE LOAD-BEARING VALUES OF FOUNDATION MATERIALS LOAD-BEARING PF CLASS OF MATERIAL pounds per square foot) Sandy gravel and/or gravel (GW and DP) 5.000 MINIMUM SPECIFIED COMPRESSIVE STRENGTH OF CONCRETE COMPRESSIVE STERNS1} SSURE Itc) TABLE 602A2 (SSTD 10-99) DESIGN WiND LOAD FOR WINDOWS AND DOOIRS (psf)2'~ IN BUILDINGS WITH A MEAN ROOF HEIGHT (MRH}~ OF 30 FEET W/BASIC WIND SPEEDs OF 110 mph l~1..~] POS (+) NE(G (-) NED A 0 < A < 25 39 -.39 -45 25 ~. A < 50 37 -,38 -42 'INI~RIO~ ZENE' (W). BOARD OF APPEALS TABLE 301.4 MINIMUM UNIFORMLEY DISTRIBUTED LIVE LOADS USE LiVE LOAD EXTERIOR BALCONIES 60 DECKS 40 ct a PASSENGER VEHICLE GARAGES 50 b,e ATTICS ~HOUT STORAGE 10 AT~lCS W/ STORAGE 20 ROOF LOAD (SNOW LOAD CONVERSION) (AS PER ASCE 7-88 SECTION 7.(]) RCNYS FIGURE' i GROUND SNOW LOAD (SL): ~r5 LEI/Er ~ R301.2(5) PF= .7(.9)(1)(1)(4§~E8.35 Cs = .85 Ps=Cs P~ Ps=.85 28-351= 24 24 (~) + 10(~o: 34. LB/FT. For Sh 1 pound per square foot = 0.0479 kN/m2, 1 square inch = 645 mm2J pound = 4-.45 N o. Elevated garege floors shall be c(Ipable of supporting a 2,000--pound load applied over o 20--square-Inch area. b. No storage with roof slope not ava- 3 units In 12 units. c. Individual stair treads shall be designed for the uniformly distributed live load or a 300-pound cuncentrated load acting over on area of 4` square inches, whichever produces d. A single concentrated load applied in any direcUan at any point TABLE 301.6 ALLOWABLE DEFLECTION OF STRUCTURAL MEMBERS STRUCTURAL MEMBER ALLOWABLE DEFLECTION RAFTERS HAVING SLOPE GREATER THAN L/180 3/12 W/ NO FIN. CEILING ATTACHED NO1E: L = span length. H = span height. a. TUe wind Icad shall be permitted to be taken as 0.7 times the Component and Cladding loads for the purpose of the determining deflection gmlts herein, STRAPPING & ANCHORING SCHEDULE (BASEMENT) CODE LOCATION: 5600 DEEP OWNER: MR. JOSEPH COMPLIANCE MAIN HOLE ROAD ZITO SHEET No. ALLIED BUILDERS CUSTOM REMODELING 6 ROAD, ORIENT, NY 11957 OF SCALE: 1/4"=1'-0" PROd No. R0658 7 DRAWN BY: D.D. CHECKED BY: FILE: DATE: MINIMUM SPECIFIED COMPRESSIVE STRENGTH OF CONCRETE TYPE OR LOCATIONS OF CONCRETE CONS~UC]ION Basemen[ wails, foundations and other concrete not exposed to the weather Basemen[ slabs and interior slabs on grade, except garage floor slabs Basement walls, foundation walls, exterior walls and other vertical concrete work exposed to the weather Porches, carport slabs and steps exposed to the weather, and garage floor slabs MINIMUM SPECIFIED COMPRESSIVE STRENGTHo(f'c) Weathering po[entiolb 2,500c 2,500c 3,000d 3,500d,e For SI: 1 pound per square inch = 6,895 kPo. a. At 28 days psi, b. See ToNe RR3OL2(1) for weathering potential. c. Concrete in these IocoSons that may be subMct to ~eezing end thawing during construction shall be air-entrained concrete in accordance with Footnote d. d. Concrete shall be air entrained. Total air content (percent by volume of concrete) shall not be less than 5 percent or more than 7 percent, e. See RR402.2 for minimum cement content. ROOFING NOTES: Asphalt strip shingles shall hove a minimum of six fasteners per shingle in the 110-120 mph wind zones. RR905,2.7.1 Ice protection. In areas where the average doily temperature in January is 25'F (-4'C) or less or when ToNe RR301.2(11 criteria so designates, on ice barrier that consists of a least two layers of underloyment cemented together or of a self-adhering polymer modified bitumen sheet, shall be used in lieu of normal underlo~rnent and extend from the eave's edge to a point at least 24 inches (610 mm) inside the exterior wall line of the building. RRg05.2.7 Underloyment application. For roof slopes from two units vertical in 12 units horizontal (17-percent slope), up to four units vertical in 12 units horizontal (33-percent slope), undedayment shall be two layers applied in the following manner. Apply a 19-inch (483 mm) strip of underla~ment felt parallel with and starting at the eaves, fastened sufficiently to held in place. Starting at the eave, appty 36- inch-wide (g14 mm) sheets of underlos~nent, overlapping successive sheets 19 inches (483 mm), and fastened sufficiently to hold in place. For roof slopes of four units vertical in 12 units horizontal (33-percent slope) or greater, underlayrnent shall be one lair applied in the following manner. Undeda~nent shall be applied shingle fashion, parallel to and starting from the eave and lapped 2 inches (51 mm), fastened sufficientty [o ho~d in place. End laps shall be offset by 6 feet (1829 mm). PRESUMPTIVE LOAD-BEARING VALUES OF FOUNDATION MATERIALS CLASS OF MATERIAL Sandy grovel and/or gravel (GW and BP) Sand. silty sand, clayey sand, silty grovel and clayey grovel (SW. SP. SM. SC. GM and GC) Cloy. sandy cloy. silty clay, clayey silt. silt and sandy silt (Cl. ML. MH and CH) LOAD-BEARING PRESSURE (pounds per square foot) 3,000 2,OOO 1,500b §RR905.2.8 Flashing. Flashing for asphalt shingles shall comply with this section. §RR905.2.8.1 Base and cap flashing, Base and cap flashing shall be installed in accordance with manufacturer's installation ins[ructions. Base flashing shall be of either corrosion-resistant metal of minimum nominal O.019-inch (0A83 mm) thickness or mineral surface roll roofing weighing a minimum of 77 pounds per 100 square fee[ (3.76 kg/m2). Cap flashing shall be corrosion-resistant metal of minimum nominal O.019-inch (0.483 mm) thickness. §RR905.2,8.2 Valle, ys. Valley linings shall be installed in accordance with manufacturer s installation instrucUons before applying shingles. Valley linings of [he following types shall be permitted: 1. For open valley (valley lining exposed) lined with metal, the valley lining shall be at teas[ 24 inches (610 mm) wide and of any of the corrosion-resistant metals in Tdble RR905.2.8.2. 2. For open volleys, valley lining of two plies of mineral surface roll roofing, campyng with ASlla D 249, shall be permitted. The bottom layer shall be 18 inches (457 mm) and the top layer o minimum of 36 inches (914 mm) wide. 3. For closed volleys (valley covered with shingles), valley lining of one ply of smooth roll roofing complying with ASTM D 224 Type II or Type III and at least 36 inches (914 mm) wide or valley lining as described in Items 1 and 2 above shall be permitted. Specialty underlayment complying with AS~D 1970 may be used in lieu of the lining material. TABLE RR905.2.8.2 VALLEY UNINB MATERIAL MINIMUM THICKNESS (inches) WEIGHT MA]tRIAL GAGE (pounds) Copper .... 1 Aluminum 0,024 .... Stainless steel -- 28 -- Galvanized 26 (zinc steel 0.0179 coated GSO) -- Zinc alloy 0,027 -- Lead .... 2-1/2 Painted tame .... 20 For SI: I inch = 25.4 mm, I pound = 0.454 kg. §RR905.2,8.3 Crickets and saddles. A cricket or saddle shall be installed on the ridge side of any chimney greater then 30 inches (762 mm) wide, Cricket or saddle coverings shall be sheet metal or of the same material os the roof covering. §RRg05.2. R4 Sidewall flashing. FlosMng against o vertical sidewall shall be by the step-flashing method, §RRg05.2.8.5 Other flashing. Flashing against a vertical front wall, os well as soil stack, vent pipe and chimney flosMng, shall be applied according to asphalt shingle manufacturer's printed instructions. CODE COMPLIANCE DESIGN CRITERIA American Forest and Paper Association (AF&PA) "WOOD FRAME 1995 HIGH WIND EDISON CONSTRUCTION MANUAL FOR ONE AND TWO FAMILY DWELLINGS" and the "RESIDENTIAL CONSTRUCTION CODE OF NEW YORK STATE. CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA (TABLE 301.2(11 SUBJECT TO DAMAGE FROM GROUND WIND SEISMIC WEATH~R- FROST VaNImR tee SRmLD FLOOD SNOW SPEED DESIGN lNG LINE ~ERMITE DECAY TEMP L~rDEP~AYMENT IqAZARDS LOAD (mph) CATEGORY )EPTH DESIGN R301.2 (5:i301.2 (4) R301.2 (2) R301.2 (3) ~301.2 (6)Re0 120 36" Mod. to in accordance 45 PSF MPH C Severe heavy Sflght 11' sec 905.2.7,1 N/A CODE COMPLIANCE LOCATION: 5600 DEEP HOLE ROAD OWNER: MR. dOSEPH ZITO ALLIED BUILDERS !SHEET No. ~A¥ 15 200~ CUSTOM REMODELING 7 -;E~'~/7,.~ MAIN ROAD, ORIENT, NY I 1957 OF BOARD OF APPEAL: DRAWN BY:D.D. SCALE: 1/4"=1'-0' PROd No,R0638 ! 7 CHECKED BY: FILE: DATE: 3/10/08 BOARD OF AppEAL5 20. J' I STORY WOOD ' FRAME RES. OSED PORCH 1.4~1.4' CHIMNEY N ?9'OO' W WOOD STEPS (--.- PICKET /) FENCE OVER 0.6' N/F GUITTARD TAX MAP NO. 1000-I15-17-05 Guarantees indicated here on shall run STAKE SET STAKE 700' SET 120' FINAL MAP REVIEWED BY ZBA SEE DECISION #5'' SU'RVEY OF ....... DESCRIBED PROPERTY SI TUA TE N/F SMITH OF DOCK TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. only to file person for whom the su~owVlA TTI TUCK, is prepared, end on hb behalf to the Ouurc~nlees c:re ncr Ircnsferoble to SURVEYED FOR : JOSEPH T. ZITO .TIMBERS ?VEYED 50 NOV., 98 ~ALE 1"=20' AREA-- 12,022.928 SF OR 0.276 ACRES SURVEYED BY STANLEY J. ISAKSEN, JR. GUARANTEED TO JOSEPH T. ZITO TOWN OF SOUTHOLD Unauthorized alteration ar addition to this ~vey is n vioJatlon of Section 7209 of the New York State Education Law, Copies cf this survey map not bearing P.O. BOA' 294 NEW SUFFOLK, NY ~1956 51 '- -'34--'5 '5 /LICEt~--D 'L.4ND SU,~W-YOR NYS LIC:': Net.~ 4.~275 98R761 FORM NO. 3 TO: NOTICE OF DISAPPROVAL ' RichardFeehan t ~¢~'qt PO Box 364 t/~' Orient, NY 11937 k/ ' Please take notice that your application dated April 1, 2008 For permit for a second story addition to an existing dwelling at Location of property 3600 Deep Hole Drive, Mattituck, NY DATE: April 8, 2008 County Tax Map No. 1000 - Section 115 Block 1_~7 Lot8 Is returned herewith and disapproved on the following grounds: The proposed construction, on a non-conforming 12,022 square foot parcel in the Residential 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 single family dwelling notes a from yard setback of 27 feet. Therefore, the proposed construction is not permitted pursuant to Article XXVI, Section 100-244, which states that non-conforming lots, measuring less than 20,000 square feet in total side, require a minimum front yard setback of 35 feet. Following the construction, the single family dwelling will maintain its 27 foot setback. This Notice of Disapproval was written based on a survey dated November 30, 1998, by Stanley J., Isaksen, Jr., LS and plana ~lated 3/10/8 by Dennis Ramsarran, PE. Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE June 24, 2008 JuL THOMAS ISLES, Town of Southold ZBA 53085 Main Rd., P.O. Box 1179 Southold, NY 11971 Dear Sir: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to he no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Applicant(s) Municipal File Number(s) Maritime Day School 6170 Carley 6171 Higgins 6172 Shipman/Shamrock Tree 6173 Despagni 6174 Zito 6175 Perkins 6177 Bodarchuk 6178 Stein Family Trust 6179 Pine Neck Holding 6180 Gallagher 6181 Lutkowski 6185 2000 Broadwaters LLC 6186 Stork 6187 Manfredi 6188 Avdoulous 6189 Very truly yours, Thomas Isles, AICP Director of Planning TRK:cc S/sTheodore R. Klein Senior Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR · P.O. BOX 6100 · (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 BOARD OF APPEAt-~ J~y 14~, 2008 Dcodat Ramsarran 285 Grand Blvd. Deer Park, New York 11729 Tel 631/667/4539 Mr. Zito 3600 Deephole Drive Mattituck, New York 11952 I have inspected the premises above, and the one story home appears to have been constructed as to the building department codes at the time of construction. There appears to be no structural problems as to the foundation and footings, to allow a proposed second story addition. Sealed plans, to code, will be submitted to the building department for a building permit. Thank you, Deodat TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN H'ALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SouthoidTown. NorthFork.net Examined ,20 Approved ,20 Disapproved a/c 4/~/0~ -- q-lo BUILD1NG~MIT APPLICATION CHECKLIST Do you-have or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey. ~ Check Septic Form N.Y.S.D.E.C. Trustees Flood Permit Storm-Water Assessment Form Contact: Mail to: Expiration 20__ % Phone ~.~ ~'-3 ~>"~ -- B~ Insl~ector ~ APPLICATION FOR BUILDING P~ Date t-/k'/- O qr,o ,200-O'g INSTRUCTIONS ~ ?.:a._TtfiS aptali~fi2an-Ml)ST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, acqurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of bui!dings 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, Ordinandes or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with ail applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (Signature of applicant or name, if a corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder ~'gUef~/q ~"/~6'(As on the tax roll or latest deed) Name of owner of premises If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. ~ '~6q Plumbers License No. Electricians License No. Other Trade's License No. Location of land on which proposed work will be done: House Number Street County Tax Map No. 1000 Section !~ J- Block Subdivision Hamlet Iq Filed Map NO. Lot State existing use and occupancy of premises and intended use and occupancy oiproposed constructioh: a. Existing use and occupancy [ /::~,~ ~ . b. Intended use and occupancy ~ I ~ ~ Nature of work (check which applicable): New Building_ Repair Removal Demolition Estimated Cost ffSf aoo Fee If dwelling, number of dwelling units If garage, number of cars Addition Alteration Other work ¢.,oz( ~£0,< ¥ (Description) (To be paid on filing this application) Number of dwelling units on each floor ,~a If business, commercial or mixed occupancy, specify nature and extent of each type of use. tou- Dimensions of existing structures, if any: Front ,_~'2., :~ Rear .32 :r Depth ~ o, ~' Height [~ Number of Stories ~ Dimensions of same structure witt~ alterations or additions: Front _~2 :g ~ Rear ~,°' Depth o..o ' '5 Height ~. ~, Number of Stories r2~ 8. Dimensions of entire new construction: Front Rear ~Depth Height Number of Stories 9. Size of lot: Front ~q- q5 Rear /Oo ' Depth /3o,/ 9 q 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES ~,, NO__ 13. Will lot be re-graded? YES__ 14. Names of Owner of premises f~.tfl/- Name of Architect Name of Contractor NO C,.," Will excess fill be removed from premises? YES NO__ Address ~oo Address Address ~.0, Phone No. 2~e- oo¢6 Phone No Phone No. 52.~ -$~'~ 15a. Is this property within l 00 feet of a tidal wetland or a freshwater wetland? *YES z-'"NO __ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES ~ NO__ * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES · IF YES, PROVIDE A COPY. NO STATE OF NEW YORK) SS: COUNTY OF /~,r_. ;q.~4 ~g~]~L.) being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are tme 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 t'o before me th/s I 54- dayof ~0~-~( 20___08' M. Ju ' w'ork NOTARY PUBLIC-State ol Ne > APPLICA~I~I~lrO THE SOUTHOLD TOWN BOAI~I~APP ;ALS For Office Use Only Fee: $ Filed By:_ Date Assigned/Assignment No. omce Notes: BOARD 3F APPEALS HouseNo.~00 Street P~','~ff_//0~"°~ ~)~. Hamlet SCTM1000Section.~___Block/7 Lot(s) ~ LotSize ~ Zone I {WE) APPEAL TI~ WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED Ap~cant(s)/Owner(s): MaihngAddress: Telephone: ~7~ 6 Fax g: Em~: NOTE: In addition to the above, please complete below if application is signed by applicant's nUorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: NameofRepresentative: gt6/~tg~. ]~<-) for(~)'/Owner, or ()Other: Agent's Address: ~,~), ~)C _.~'¢/ ~XI~ Telephone ~/o~2_~-,7. ~ Fax #: ,.~0~ Email: Please chec..k box to specify who you wish correspondence to be mailed to, from the above names: [] Apphcant/Owner(s), or ~9'~uthorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED ~t/- '~'.~o°~'and DENIED AN APPLICATION~pATED I~fi(l( ~. ~.oo ~ FOR: ~ · ~Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction []Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article]O(/// Section 280- I;Z'~ ~ Subsection ~/ /OV~ Type of A]~peal. An Appeal is made for: g"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 [3 Reversal or Other A prior appeal [] has, ~as 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.) REASONS FOR ~[PPEAL (additional sheets may be used with preparer's signature) AREA VARIANCE REASONS: (I) An undesirable change will not be produced in the CHARACTER of detriment to nearby properties if granted, because: he neighborhood or a BOARD OF APPEAL5 ! (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: tO-P~ /'//~o{ ~ ,~x'~-y~ /~o"'/'- ~ (3) The amount of relief requested is not substantial because: (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 (a~. Are there Covenants and Restrictions concerning this land: [(/No. [] Yes (please furnish copy). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure,~co~l~o~n_ e. y~ Sig/~ature of Appellant or Authorized Agent Sworn to before me this {,_~Je--, (Agent must submit written Authorization from Owner) dayof ~t~ ,20E~ Notary Public~ Page 3 of 3 - Appeal Application Pad B: REASONS FOR USE VARIANCE ('ff requested): For Each and Every Permitted Use under the Zonlng Regulations for the Particular District Where the Project Is Located (please consult your attorney before completing): 1. Appllcant cannot realize a reasonable return for each and every permitted use under the zoning regulations foE the particular dlstrlct where the property Is located, demonstrated by competent financial evidence. The applicant CANNOT realize a REASONABLE RETURN because: (describe on a separate sheet). 2. The alleged hardship relating fo the property Is unique because: 3. The alleged hardship does not apply to a substantial portion of the district or neighborhood because: 4. The request will not alter the essential character of the neighborhood because: 5. The alleged hardship has not been self-created because: 6. This Is the minimum relief necessary, while at the same time preserving and protecting the character of the neighborhood, and the health, safety and welfare of the community. (Please explain on a separate sheet If necessary.) 7. The spirit of the ordinance will be observed, public safety and welfare will be secured, and substantial Justice will be done because: (Please explain on a separate sheet ii= necessary.) ( ) Check thls box and complete PART A, Questions on previous page fo apply AREA VARIANCE STANb'~RDS. (Please consult your attorney.) Otherwise, please proceed to the signature arid notary area below. Sworn to before me fhls ~ (~- day of~~ (Notary Public) Signature old Appella(nf or-Authorized Agent (Agent must submit Authorization from Owner) Joseph Zito 3600 Deephole dr. Cutchogue,NY May l3,2008 I Joseph Zito give Richard Feehan of Allied Builders, permission to sign for me on any and all documents needed to get my permit, and variance. BOARD OF APPEALS J APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) I. For Demo~ion of ~xisting Building Please describe areas being removed: Date Prepared: Areas II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: Dimensions of new second floor: ~ ~ O,,.$ X 'al 2, ..,~' Dimensions of floor above second level: tU ~) Height (from finished ground to top of ridge): "&l~ti- ~/~ ] Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: ~JO 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: ~umber of Floors and Changes WITH Ait~r~tions: - T'~-~ ffZo~. IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: ~ ~ c/ Proposed increase of building coverage: ~ ~'g', J"~ Square footage of your lot: ] ~-, ~ 0 Z 7_, ,J2 ? Percentage of coverage of your lot by building area: rT, g~ Pnrpose NewConstrnction: ged oO f V. 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/he 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 3OARD OF APPEALS ~QR 61Z21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAI, ,~ For UNZISTED ,4CTION$ Only PART I - Pr6ject laformatioa (To be complete by Applicaat or Project sponsor) 1, Applicant / Sponsor 2. Project Name 3. Project location: Municipality County 4. Precise location (Street address and road intersections, prominent landmarks, etc. or provide map) 5. Is proposed action: ( ) NEW ( ) EXPANSION ( [.,~DIFICATION/ALTERATION J I 6. Descdbe project bdefly: 7. Amount o~' land affected: Initially;/~ ~t acres;/~/~ Ultimately: /Ul~ acres 8. Will proposed action comply with existing or other existing land use resbictions:(~,,,,YES ( ) NO If No, descdbe bdef~y: BOARD OF APPEALS 9. What Is present land use in vicinity of project: (describe): ( ¢.~esidential ( ) Indusldal / ) Commercial ( ) Agricultural ( ) Park/Forest/Open Space ( ) Other 10, Does action involve a permit approval or ~nding, now or ultimately from any other Governmental agency,(Federal, State o¢ Local) ? ( ) YES ( ~'f',lO If Yes, ~Jst agency(s) and permit/approvals: 11, Does any aspect of the action have a currently valid permit or approval? ( ) YES (/,.,,,}dqO If Yes, list agency(s) and permit/approvals: 12. As a result of proposed action, witl existing permit/approval require modlficafJon? I( ) YES (~NO If Yes, list agency(s) and permit/approvals: I ced/fy that the information provided above is true to the best of my kn, owledge IAppllcan' / Sponsor Name: t.,a,,' ~10.~. /¢'.~ ~ ~..~,~xJ Date: If the action Is In the CoSstal Are4, and y<~u are'~,,state agency, complete the Coastal Assessment Form before proceeding with this assessment QUESTIONNAIRE FOR FII,1NG ~'l'rlI YOUR Z.B.A. APPLICA'] Is the subject~>remises listed on the real estate market for sale? [] Yes ~SXlo ION BOARD OF APP~P, LS ~ there any proposals to change or alter land contours? o [] Yes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses? 2) Me ~ese ~eas sho~ on the map submi~ed wi~ ~is application? 3) Is ~e prope~ bul~eaded be~een the wetlands area ~d the uplmd 6uilding area? 4) If yo~ prope~ conmifis wetl~ds or pond ~eas, have you contacted ~e office of the Tom Trustees for i~ dete~ination of j~sdicfion? Please confim sm~s of yo~ inqui~ or application with the Trustees: ~d if issued, please attach copies of pemit with~ohdi(ioh~and ap~rove~a~J D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? /MO Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? )O 0 (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? ]0t~ 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. If yes, please label H. Please list present use or operations conducted at this parcel / ~'~/~ ¥ /trr"~'.-~ and proposed use /')-4~/]70,0 ~ 0,.~ ' t/q(ex~p~s: ~xisty: si?Ir-family; proposed: same withgarageorpool, orotherdescription.) I ! A[~t~orized Signature a~d Date ~ ! 2/05; 1/07 talf~N~SACTIONAL DISCLOSURE FORI~ APPLICABI~I[to OWNER, CONTRACT VENDEE A~AGENT: The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose oft. his form is to provide information, which can alert the Town of possible conflicts of interest and allow, it to take whatever action is necessary to avoid same. (Last name, fi~ in tial' unie ............. , oo you are applying m me name of someone e se or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Variance ~ Special Exception ~ *Other Approval or Exemption - - from plat or official map Change of Zone Tax C. rriey'ance *If"Other" name the activity: -- Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? Relationship includes~_bA,b blood man'ia e or busines~s interest_: "Business interest"~means~a, business in~ .partnership, in wh~ich the _T_o_wn officer or e~nplo}cee ha_seven a aa2A_~kl o_Wnershi~p__~ (or ~y) a corporation in which the Town officer or employee owns more than 5% of the share~ -- __ YES -- NO If you answered "YES'; complete the balance of this forth 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 cootract vendee) and the Town officer or employee. Either check the appropriate line A through D (below) and/or desctdbe the relationship in the space prov/ded. The Town officer or employee or his or her. spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporatidn); __ __ 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. BOARD OF APPEALS DESCPd?TION OF RELATIONSHI!P Submitted this / day_ Signature: . Print APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Ruth D. Olive James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.nonhfork.net ZONING BOARD OF APPEALS TOWN OF SOUTttOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Mailine Address: Southold Town Hall 53095 Main Road o P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 August 4, 2008 By Regular Mail and Fax Transmmsion 765-4643 Mr. Joseph Zito 3600 Deep Hole Drive Mattituck, NY 11952 Mr. Richard Feehan Allied Builders P.O. Box 364 Orient, NY 11957 Re: ZBA File No. 6175 - Variance at 3600 Deep Hole Drive, Mattituck Gentlemen: Enclosed please find a copy of the Zoning Board of Appeals determination rendered at the July 17, 2008 Meeting. Please be sure to contact the Building Department for follow-up regarding documents they may require in the next step of the code reviews and building permit application process, and concerning any other agency approval, before commencing construction activities. Thank you. Very truly yours, Linde Kowalski 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 Fret (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville May 16, 2008 Zoning Appeal No. 6175 Transmitted herewith is Zoning Appeals No. 6175 of Joseph Zito- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, LWRP Consistency Assessment Form, Short Environmental Assessment Form, Transactional Disclosure Form, Application for Building Permit Showing Disapproval, Notice of Disapproval, Authorization letter from Joseph Zito to Richard Feehan of Allied Builders to represent him in this matter, 4 Photos of Property, Survey of Property Prepared by Stanley J. Isaksen, Jr., 7 Pages of House Plans Showing Existing & Proposed Changes Prepared by Allied Builders (Reduced), 7 Pages of House Plans Showing Existing & Proposed Changes Prepared by Allied Builders including Section & Details and Code Compliance. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jn Michael A. Simon Leslie Kanes Weisman Mailing Address: Southold Town Hall 53095 Main Road · RO. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 hnp://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 ° Fax (631) 765-9064 June 13, 2008 Mark Terry, Senior Environmental Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. 6175 (ZITO) Dear Mark: We have received an application based on a April 8, 2008, Notice of Disapproval concerning a new second floor addition and alterations to the first floor of the existing single family dwelling at 3600 Deep Hole Drive, (adjacent to a salt water canal from the creek) in Mattituck, and shown on the enclosed site map. Enclosed are copies of the Notice of Disapproval, LWRP form, Legal Notice and 1998 survey for your use and reference. May we ask for your assistance in an evaluation and recommendations for the June 26, 2008, Public Hearing. Thank you. Very truly yours, Gerard P. Goehringer Chairman // Town of Southold INSTRUCTIONS I. LWRP CONSISTENCY ASSESSMENT FORM BOARD OF APPEALS All applicants for permits* including Town of Southold agencies, sh~ ~ c ' ' "" Oiiip~Le uns UCAI~' Ibr proposed actions that ~e subject to the Town of Southold Water~ont Consistency Review La~. Tbs ~sessment is intended to supplement other info~ation used by a Town of Sou~old agency in re&lng a detestation of consistency. *Except minor exempt actions including Building Permits and other ministerial pe~its not located within the Coastal Erosion Hazard Area, Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and e5planations of each policy contained in the Town of Southold Local Waterfi-ont Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LTM policy standards and conditions, it shall not be undertaken. A copy of the LWlt.P is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the planmng Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# IoW 1/6' 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 undertaken directly by Town agency (e.g. capital [-~ construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) ~5)----P~it, approval, license, certitiEh~iYni Nature and extent of action: Location of action: Site acreage: Present land use: 0 Present zoning classification: If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Nameofapplicant: ~rr~<'~ f,]~. (b) Mailing address: 6/,~0 'J52~f.]~.0~,t~ ~7~,,.._//~7~./7~' (c) Telephone number: Area Code (~[ ~,q'~ "-0o0 ~" (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [--] No ~ I.f yes, which state or federal agency?_ C. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and m mmlzes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. [~Yes [--'] No ~NotApplicable Attach additional sheets if necessary ..... Poii~c~.~r6t~e~t-~l~t-e~f-rFe-li'i~lB?F¢'~d~-r~li~lT6~6~ces 0q~ th~ oT6~Tnold. See LWRP _.Se_ct_io_n~!__- ~lic_i~ 3 ~hro!_gh ~ for eya!u_a[io_n__cri~eria [-] Yes [] No t__] Not Apphcable Attach .additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of South01d. See LWRP Section Ill - Policies Pages 6 through 7 for evaluation criteria Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of lif% structures, and natural resources from flooding and erosion. See LWRP Section III- Policies Pagfis 8 through 16 for evaluation criteria ~-~ Yes ~'] No['~1/~ Not Apphcable- 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 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 "th r d~h- ~-~-' ~b ~'-6~,~U~l'~-n--c~ ~'~i a~ Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. ~] Yes ~ No [-~ot Applicable At~ach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes, See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. .es No^pp,icab,e 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 ~Not Applicable ACach 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 Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [~ Yes ~ No ~Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town'of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. ~ Yes ~-] No ~Not Applicable Ai~ach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 throngh 68 for evalnation criteria. ~-~ Yes ['~ No [~Not Applicable Created on 5/25/05 11.'20 AM ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 5/16/08 ZBA # NAME CHECK # AMOUNT 'ltl~_ ~AMP ~AY ] 6 2008 6175 ZITO, Joseph 352 $400.00 Soul',hold Town Clerk $400.00 By__ Thank'¢ou. Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 05/16/08 Transaction(s): 1 1 Application Fees * * * RECEIPT * * * Receipt#: 18811 Reference Subtotal 6175 $400.00 Check#: 352 Total Paid: $400.00 Name: Zito, Joseph T 3600 Deep Hole Dr. Mattituck, NY 11952 Clerk ID: CAROLH Internal ID: 6175 APPEALS BOARD MEMBERS 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 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 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JUNE 26, 2008 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 280 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, JUNE 26, 2008: 2:45 P.M. JOSEPH ZITO #6175. Request for a Variance under Sections 280-122A and 280-124 (formerly 100-244), based on the Building Inspector's April 8, 2008 Notice of Disapproval, and ZBA Code Interpretation #5039 (Walz), the applicant proposes to build a second-story addition to the existing single-family dwelling, which new construction will be set back less than 35 feet from the front lot line, at 3600 Deep Hole Drive, Mattituck; CTM 115-17-8. 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: May 28, 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 COUNTY OF SUFFOLK) ~j Karen Kine of Mattituck,-- in said county, being duly sworn, says that sh~ 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 5th day of June, 2008. Sworn to before me this (A nad C), and 280-78B-[, based on the Building Inspector's amended May 2, Principal Clerk ~ dayof ~/~J/~'~_ 2008 :- ES~ ~ ~ 'SEE/kS , ', Vt.. - FARM COMM. CB. MIsC. kt. I ' I )/~. BId~. J ~'-m'~ ~ ~ -~ & V~ ~" 1~0 Fo~i~ ' ~ ~ Bath ,~ ~e ,: ~ ~. V~olIs ~ /~. ~ Interior Finish ~. ~ LR. ~ree~ Patio ZONING BOARD OF APPEALS TOW15I OF SOUTHOLD: NEW YORK .... ...................... X In trie Matter of the Application of (Name of Applicants) CTM Parcel # 1000- AFFIDAVIT OF MA]LINGS COUNTY OF SUFFOLK) STATE OF NEW YORK) New York, being duly sworn, depose and say that: l On the e] day of ~J'o,o-~. , , I personally mailed at the United States Posl Office in , New York, by CERTIPIED MAIL, RETUILN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current o~.w~. ~3.shown on the current assessment roll verified from the official records on file with the (~f.qssessors, or ( ) County Real Property Office , for every property which abuts and is across a public or priv?,e street, or vehicular right-of-way of record, surrotmding the appliCant's property. ff(Sia~m~re) ~ Sworn to before me this ~ day of,J~ ~ ,200 P PLEASE list, on the back of this Affidavit or on a sheet of paper the Iot numbers next to the owner names and addresses for which notices were mailed, Thank you. i'-1 ZONING BOARD OF APPEALS TOWN OF_~4OUTHOLD. NEW YORK .... "/~ .............. £-~ ......................... X In Se Matter of the Application of .~/ (Name of Applicants) AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign upon Applicant's Land Identified as lO00- IIF-I-l~' 'g COUNTY OF SUFFOLK) STATE OF NEW YORK) l.rtTi ¢ ?17 El? residingat Xg°° ~*~/~ ~% , New York, being duly sworn, de~se ~d say ~at: pro~, located ten (10) feet or closer from ~e strut or fi~tmf-way (~veway entr~ce) - being the s~t or being each strut or tight-of-way en~ce;* and ~at I hereby ~nn tlmt the Poster bas remained in place for s~ven ~ys phor to that date the subject he~ng date, which heating date w~ shoal to be ~o~ ( T ~ t ¢o~ of / (SignOre) - - Sworn to before me this ig dayof c~~-~'~ ,200~ (Notaryullc) *near the entrance or driveway entrance of my property, as the area most visible to passersby. nj Ce~ified Fee r-I Re u n ReCeipt Fee E:3 (Endorsement Requ md) ~ Res rcter Deliver'/Fee r-'l (Endorsement Requ md) Total Postage & Fees $0.42 $2.70 $2.20 S0.00 $5.32 09'71 Here 06/09,12008 p- nj [:3 $2.70 $2.20 $0.00 $ S5.32 06/0~/2008 $0.42 $2.70 $2.20 $0.00 $5.32 0971 76 06/09/2008 nj $0.42 (~71 P- 76 Certified Fee $2.70 postmark rtl r-I Return Receipt Fee $2 · ~JO Here Restricted Delivery Fee $0 · O0 ~ $5.~2 06/09/200¢ · Complete items 1,2, and 3. Also complete item 4 if Restdctnd Delivery Is desired. · Print your name and address on the mverso so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. A~lfcle Addressed to: [] nt by ( Pdnfed Nan~) C. D. Isdaiiveryaddressdfffemntfmmlteml? L] ¥o If YES, enter delivery address below: 3, Se~ce ~ype ~.~ertifled Mail [] Express Mai[ [] Registered [] Return Recaipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Daiive~r7 (Ex~a Fee) [] Yes 2. Ad~=~e Number (;;.,~.' from sen4ce/abe0 7008 0150 0002 7320 3875 · Complete items 1, 2, and 3. Also complate 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. Article Addressed to: 2. Nflde Number 7008 [] Agent [] Addressee C. Elate of Deliver~ D. Isdelive~ item1? []Yes If YES, ~er delive~ ~ ~ No 3. Service Type ~ertl~ed Mail [] F..xp~ Mail [] Registered F'I Return Recaipt for Merchandise [] Ir~ured Mail [] C.O.D. 4. Restricted Daiive~? (Extra Fee) [] yes 0150 0002 7320 3882 · Complete items l, 2, and3.~Also~omplete ' ' Item 4 if Restricted Delivew Is desired. · Print your name and address on the reverse so that we can mture the card to you. m Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Is delivew If YES, enter dailve~ address baiow: ,~"oe~med Mail [] ~xpme~ Mai~ [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C,O.D, 4. Restricted Daitve~? ~_xtra Fee) r-1 Yes 2. ArUcb~Numbe? 7008 0150 0002 7320 3929 PS Form 3811, February 2004 Dome~c Return Receipt 102595-~-M~1540 · Complete items 1,2, and 3. Also complete item 4 ff Restricted 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 maitplece, or on the front if space permits. 1 ,~/~cimssed to: 2. /L,~cle Number D. ts daiive0 If YES, enter deliver' s below: [] Yes [] No Service Type [] E.xpmes Mail r'l Registered I-1Retum ReCeipt for Memhandles [] Insured Mall [] C.O.D. 4. Rantdcted Daiivery? (Extra Fee) r"l yes 7006 0150 0002 7320 3905 p~ Form :~fll 1. Febru~n/~0/14 · Complete items 1,2, and 3. Also oomplete item 4 if Rest~cted 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. [] Addressee f ( F~nted Name) ~ellve~ ).' isdaiive~addtessdifferantflomltem 17 [] yes tf YES, enter dailvery address below: [] No [] Express Mait [] Retum Receipt for Merchandise [] C.O.D. Restdcted oaiiveW? (Extra Fee) n yes _ 2. Ar~l¢leNumber 7006 0150 0002 7320 3899 PS Form 3811, FebruarY 2004 Domestic Return Receipt APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman Mailing Address: Southold Town Hall 53095 Main Road · EO. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 ° Fax (631) 765-9064 May 16, 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 #6175 Action Requested: Within 500 feet of: Owner/Applicant: Zito Setback ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Gerard P. Goehringer ZBA Chairman ~z2~/ 75~ BOARD OF APPEALS NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME ZITO, JOSEPH #6175 MAP # 115-17-8 VARIANCE Setback REQUEST Second Story Addition DATE: THURS, JUNE 26, 2008, 2:45 PM 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 BOARD OF APPEALS FLOOR LEaL PLAN FLO0,~ LEaL PLAN ,/ BOARD OF APPEALS FLOOR LEaL PLAN ~/7,.~ BOARD OF APPEALS El B J B BB LEFT SIDE FRONT JO B I RIGHT SiDE REAR SECOND FLOOR PLAN , ® 25 COUNTY OF SUFFOLK (~ ~'~'~-~Reai Property Tox Service Agency SECTION NO