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HomeMy WebLinkAbout6288 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING HELD JULY 30, 2009 ZBA File # 6288- Dolores Villareal, Applicant Property Location: 722 Brown Street and (South Side of Linnett Street), Greenport CTM 1000-48-3-25.1 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 an 11,256 square foot parcel measuring 50.00 feet along Brown Street on the South, 225.14 feet along the Eastern boundary, 50.00 feet along Linnet Street on the North and 225.10 feet along the Western boundary. The property is improved with a two. story frame house as shown by a survey map amended Nov. 29, 1989 by Roderick Van Tuyl, L.S. BASIS OF APPLICATION: Requests for Variances under Section 280-15 based on the Building Inspector's June 10, 2008 Notice of Disapproval concerning a proposed new accessory garage building. The new construction will be located at less than the code required 15 foot side yard and be located in a front yard, instead o[the code required rear yard location. FINDINGS OF FACT The Zoning Board of Appeals held'a public hearing on this application on June 25, 2009, 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 variances to construct a two-story 960 square foot accessory garage structure (with a half bath), at 11 feet from the side property line located in a front yard, as shoWn on drawing number 042508/1 dated 11/02/2008 prepared by Robert O. Barrett, P.E. AMENDED APPLICATION: During the June 25, 2009 public hearing, the applicant was asked to bring the plan into more conformity with the code. The applicant on June 26, 2009 submitted an alternative plan increasing the side yard setbacks to the code required minimum of 15 feet and reducing the size of the accessory garage structure to the code permitted maximum of 660 square feet (20 ft. by 33 ft.), bringing Page 2 -July 30, 2009 ZB File No. 6288 - Dolores Villareal Applicant Property Location: 722 Brown St., Greenport CTM 1000-48-3-25.1 the plan into more conformity with the codes. The half-bath was also removed, and the height of the structure to the top of the ridge was reduced to 18 feet permitting attic storage only, as shown on the revised 6/26/09 drawing number 04250811 by Robert O. Barrett. The structure is proposed at 35 feet from the second front yard at Linnet Street and will still require a front yard variance for its location. 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)H). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties, The proposed accessory structure is a permitted use and its form and function will be similar to that of other accessory structures in this 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. All locations on this parcel for this proposed accessory garage structure will required a Front Yard variance. 3. Town Law §267-b(3){b)(3). The variance requested herein is not substantial. The proposed accessory garage structure will have a 35 foot setback from the Front Yard at Linnet Street and will conform to the code in all other aspects. 4. Town Law _~267.bi3){b){5}. The difficulty has not been self created. It is a consequence of this parcel having two Front Yards and no Rear Yard, 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-bi Grant of the relief requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an accessory garage structure, 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 Schneider, seconded by Member Weisman, and duly carried, to GRANT a var!ance for the front yard location of the proposed accessory garage structure shown on revised drawing number 042508/1 by Robert O. Barratt, dated 6/26/2009. Any deviation from the variance given such as extensions, or demolitions which ara 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. Page 3 -July 30, 2009 ZB File No. 6288 - Dolores'Villareal Applicant Property Location: 722 Brown St., Greenport CTM 1000-48-3-25.1 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 Goehringe~!~on, W~eism~n, and Sch~ider. Resolution was duly adopted (4-0). ·- ~....., ~,, //~ra~d P. Ooe.h. ringer, Chairman 8~ /2009 ~Approved for Fding '/ This ,., _ RECEIVED 4,- v AUG 4 2009 FINAL MAP REVIEWED BY Z~A SEE DECISION # ,~ ~ DATED.,~ i ~ i_~.~. ~ ~ ' i I . SEE OECtSt ~- ~ , DATED~ iI I' II/-Il' Project: Villareal Residence ROB 722 Brown st, Greenpo~, NY 11944-1716 n~o~o ~o~ 0 8arr~ Free standing garage addition · ~ ~8~n ~ The*e plan~ are an i~ume~t of the ~ee and are th~ prop~ of th~ d~ign professional ~ho~e Cu~e hereto. Infrin~men~ will be prosecuted to the fullest extent of the law. Con~a~or shall veri~ all field NY 11935 conditions and dimensions and ~ solely responsible for field fit. The design prof~sional assumes no liabili~ for IM~ ~one 631 875 0275 omissions due to u~ow. or uG(or~een field condifio.s F~ 6317342730 ac"owledg~ as revisions to the~ plans. I'dAP OF Pr~OPEF2T'Y' ~'t~lx~_', ~[~. FORM NO. 3 NOTICE OF DISAPPROVAL TOWN OF $OUTHOLD TO: Sal Villareal for Dolores Villareal 722 Brown St. Greenport, NY 11944 RECEIVED MAR 1 8 2009 BOARD OF APPEALS Date:June 10,2/008 ~ {~2~8,¢ Please take notice that your application dated June 3, 2008 For a permit for construction of an accessory garage at Location of Property: 722 Brown St., Greenport, NY County Tax Map No. 1000- Section 48 Block 3 Lot 25.1 Is returned herewith and disapproved on the following grounds: The proposed accessory garage, on this nonconforming, 11,256 sq. ft. parcel, with two front yards, in the R40 Zone is not permitted pursuant to Article XXII, Section 280- 15 which states: "In the Agricultural-Conservation District & Low-Density Residential R80... Districts, accessory buildings ... shall be located in the required rear yard, subject to the following requirements:" On lots between 10,000 & 19,999, accessory structures, 20' in height require a setback of 15'. The garage is proposed with side yard setbacks of 11' & 15'. The accessory structure will be located in the front yard. Authorized Signature Robert Ban'att PE CEng FIMechE Eur lng 4295 Vanston Road, Cutchogue, NY 11935, Tel 631-875-0275 To: Board of Appeals, Town of Southold, (Delivered by hand 6/26/09) Subject: 722 Brown Street, Greenport, NY, Appeal #6288 Members of the board, It is my pleasure to submit copies of a revised drawing in accordance with the commitment made by the property owner on 06/25/09 at your ZBA regular meeting Respectfully submitted, Robert Barratt PE Agent for owner Encl: Six (6) copies, sealed and executed of drawing #042508/1 revision 2 Fee: $ Office Notes: Filed By: For Office Use Only Date Assigned/Assignment No. RE1EIVED ARtl 8 200 · House No. 72~- Street ~0..¢> t~ ~4 Sq'. Hamlet SCTM 1000 Section g~ Block 3 Lot(s) 'Z.~. [ Lot Size Zone I (WE) APPEAL THE ~VRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 6lt [ o,~ BASED ON MAP DATED O~,.'~.~O~!l ~.~.,~ ~ . Applicant(s)/Owner(s): MailingAddress: '7 2.2. Telephone: Email: NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. alld name of person who agent represellts: Name of Representative: ~, 0~.T 8 A~?~YI,,~* TT for (X) Owner, or ( ) Other: Agent's Address: ~,.q ~ V A ~¢S 1'o t,0 Telephone &'~t_ ~?~., 0:%~ Fax #: Please check box to specify who you wish correspondence to be mailed to, from the above natnes: [] Applicant/Owner(s), or ~Authorized Representative, or [] Other Name/Address below: BUILDING INSPECTOR ~VIEWED MAP DATED O~J~]O8 and DENIED WHE~BY THE AN APPLICATION DATED b I ~ [ ~ $ FOR: ~Building Permit E Certificate of Occupancy ~ Pre-Certificate of Occupancy E Change of Use [3 Permit for As-Built Construction HOther: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article X,q, ll Section 280- I.q Subsection ~' Type of Appeal. An Appeal is made for: ~A Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal M has, [] has not been made at any time with respect to this property~ UNDER Appeal No.~ll Year It~. (Please be sure to research before completing this question or call our office for assistance.) APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: ~, Ntt I.,~.~.l~-l~ I. For Demolition of Existing Building Areas Please describe areas being removed: Date Prepared: RECE~/ED 1 8 009 3 BOARD OF APPEALS II. New Construction Areas (New Dwelling or New AdditionsfExtensions): Dimensions of first floor extension: g~ _~,,~et- Dimensions of new second floor: Dimensions of floor above second level: Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes, pletase provide height (above ground) measured from natural existing grade to first floor: IlL 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 your property: Proposed increase of building coverage: Square footage of your lot: It:'~.S Percentage of coverage of your lot by building area: V. Purpose of New Construction: ?~0 ~. ~&IL~6~, ~ ~6~IL ~,lL~;-~ VI. Please describe the land contours (fiat, 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 Name of Owner: ZBAt ~# REASONS FOR APPEAL (additional sheets ma}, be used with preparer's signature): REcEiVED AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neig~l~o~d~a detriment to nearby properties if granted, because: BOARD OF APPEALS As planned tlfis development contained back to back lots facing onto both Linnet and ~P b2 Brown Streets. During 1981 the subject two parcels were merged to form one lot and later a single family home was built facing Brown Street. The current owner wishes to build a two car garage and workshop facing onto Linnet St, in doing so the original character of Linnet Street will be re-established. The zoning requires garages to be in the rear yard, the size is limited to 660sq ft and the minimum side set-back shall be 15ft (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: There is no rear yard. The building needs to be 24~ wide to accommodate two vehicles side by side leaving only 26ft for the side set-backs i.e. 1 lft and 15ft The proposed 24ft x 40ft building offers the minimum feasible floor space based upon the sizes of the vehicles and the requirement that the workshop and half bath be located on the first floor (3) The amount of relief requested is not substantial because: Because the proposed 960sq fi 20ft high building ,is not out of proportion with the existing houses on Linnet Street (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The building will be built upon what might have been a vacant lot (5) Has the alleged difficulty been self-created? ( )Yes, or (~No. Are there Covenants and Restrictions concerning this land: ~1~ No. [] Yes (t~lease 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 A TTA CHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) Signature of Appellant or AuthorizeokAgent , (Agent must submit written Authorization from Owner) Sworn to before me this dayof _~-~ ,20~)~ . Notary Public CONNIE D. BUNCH Notaly Public, State of New Yo~ No. OIBU61850SO Qualified in Sufftdk Commission Expires APPLICABLE OWNER, CONTRACT VENDEE AND AGENT: The Tmw~ of S outhold's Code of Ethios prohibits conflicts of interest on the part of Totem officers and employees. The purpose of this form is to provide information, which can alert the Tox~m of possible conflicts of interest and allow it to take whatever action iS necessary to avoid same, (Last name, fi~st name, middle initial, unless you are applying in the name of someone else other cnlity, such as a company. If so, indicate the other person or company name.) NATURE OF ,APPLICATION: (Check all that apply.) Variance Special Exception *Other Approval or Exemption from plat or official map Change of Zone Tax Grievance *If "Otber" name the activity: RECEIVED MAR 1 8 2009 BOARD OF APPEALS Do you personally (or throngh your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including~3. paphaership, ia which the Town officer or empl_oyee has even a pardal ownership of (or employment by) a cm3)oration in ~vbich the Town officer or employee owns more than 5% ........ ~liares~ 5'-ES NO__ I~f you anxn,ered YES ,cornplete the balance of this form attd date at d sign where indicatecL Name of person employed by tile Town of Sot thold: Title or position of tfiat person: Describe that relationship between yourself (the applicant, agent or contract vendee) aad the Town office~ or employee. Either check the appropriate line A through D (below) anddor describe the relationsbip in tile space provided. The Toxma officer or employee or his or bel, spouse, sibling, parent, or child is (check all that apply): A) the owner of gq-eater than 5% of the shares of the corporate stock of the applicant (when tbe applicant is a corporatidn); B) tile legal or beneficial ovmer of any interest in a non-corporate entity (when tile applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or .... D) the actual applicant. DESCILtPTION OF KELATIONSHFF' Submitted this j~ day of /'~ ~ Signature PrintName ~~l~C~p-e--~b QUESTIONNAIRE FOR FI] lNG WIIH YOUR Z.B.A. APPLICATION RECEIVED 1 8 009 Is the subject premises listed on the real estate market for sale? [] Yes Are there any proposals to change or alter land contours? ~[No [] Yes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses? NO 2) Are these areas shown on the map submitted with this application? ~ 3) Is the property bulkheaded between the wetlands area and the upland building area? 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? ~l~ 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? /qO (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? I~ 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. ~0 If yes, please label H. Please list present use or operations conducted at this parcel and proposed use ~,~.~g. L4%a'~ ~-~'~ ~ ga, (examples: existing: single-family; proposed: same with garage or pool, or other description.) Authorized Signature and Date 2/05; 1/07 722 Brown Street Greenport NY 11944 NYSDEC-Region 1 Division of Environmental Permits SUNY-Bldg 40 Stony brook, NY117-2356 RECE~/ED BOARD OF APPEALS Southold Town Board of Trustees Town Hall Annex Southold, NY 11971 Suffolk County Health Services Wastewater Management 360 Yaphank Ave Suite 2C Yaphank, NY 11980 Southold ZOning Board of Appeals 53095 Main Road, PO Box 1179 Southold, NY 11971-0059 July 8, 2008 Subject: 722 Brown Street, Greenport, NY 11944 To whom it may concern, Please be advised that I have appointed Mr. Robert Barratt to act as my agent regarding the subject property. His details are as follows: Mr. Robert Barratt PE 4295 Vanston Road Cutchogue NY 11935 Fax (631) 734 2730 Cell (631) 875 0275 Please address all telephone calls and correspondence to his attention Thank you for your cooperation, ?~igned ~ -"---DT~li~al Sworn before me this 1 ~ VICKI TOTH Notary PuMic, State of New Yolk Notary Public No. 01T06190696 ~ O.ualified_ n Suffolk County ~ uomm~ss on u(pires July 28, 20/~ Date ~//;2-/~C;r~ ~ Dayo Oct TOWN OF SOUTHOLD PROPERTY RECORD CARD ORMER OWNER ~.~oh~ ~( 2. ,."O N ' E S. S~S. V~ ARM Acre Value Per Value / / Acre ~empland FRONTAGE ON WATER ushland FRONTAGE ON ROAD ~use Plot DEPTH  BULKH~D '3// 7c M. Bldg. Extension Extension-- Extension Porch Porch Breezeway Garage Patio Total 75 4t7~ COLOR TRI,M Foundation Basem_ent Ext. Wails /Fire Place Type Roof Recreation Room Dormer Driveway Bath =loors nterior Finish Heat Rooms 1st Floor ~,ooms 2nd Floor Dinette LR. BR. FiN. B. This page is left intentionally blank Page 8 RECE~/ED MAR 1 8 2009 8OARD OF APPEALS General view of construction area NE, SE and SW strakes can be seen, NW stake is behind temporary shed Applicant: S Villereal/1}~1.o~ti~$ g, I.~.~ Project Address: 722 Brown Street Greenport, NY 11944 Photograph taken on 06/26/08 /O NE Comer Stake NW Corner Stake Applicant: S Villereal/l[~l~kl}~.~ ~Jt k.l..~0..~k. Project Address: 722 Brown Street Greenport, NY 11944 Dated photographs taken 06/21/08 SE Comer Stake SW Comer Stake Applicant: S Villereal / Project Address: 722 Brown Street, Greenport, NY 11944 Date photographs were taken 06/21/08 Copies of Covenants and Restrictions None found LWRP Form Not applicable, property is not close to wetlands RECEIVED ~,~ 1 8 ~009 BOARD OF APPEALS Environmental Assessment Form Not applicable, variance is a set-back with two front yards and no rear yard Applicant: S Villereal Project Address: 722 Brown Street, Greenport, NY 11944 $outhold Town Boa .of Appeals MAIN RDAD- STATE ROAD ~5 S U HOLD, L.I., N.Y. 11~71 RECE.,'t/ED TELEPHONE {516} 7§5-18~ MAR 18 2009 ACTION OF ~HE ZONING BOARD OF APPEALS Appeal. No. 35] ~I~D O~ ~A~ TO- ' M~. David E. Kapell, ~resident [Appellant(si] KAPELL RE[L'ESTATE ~NC. and LIMPET CORP. ~0 F~ ~treet i'. 'Bo~ 463 Gre~npor NY 11944 At a Meeting m the Zoning Bo~d of Appeals held on ~ril 2~3, 1987, the above appe~ was considered, ~d the action indicated b~[~w wa~ caken on your Request for Variance Due to Lack of Access ~o Property New York Town Law, Section 280-a Request for Special Exception under the Zoning Ordinance ~ticle , Section [~] Request for VarianceSto the Zoning. Ordinance ~ticle III , Section 100-31, Bulk SchadTle Request for Application of KAPELL REAL ESTATE INC and LIMPET CORP~ for Variances to rye Zgn~dinance, Article III, Section 100*31, Bulk Schedule, for approval of insufficient: (l) lot area, (2) lot width, (3) lot depth, of two parcels in this pendfng d~vision of land. Localio~ of Property: Linnet Street and Brown StYeet, GreenporE; Grfenpor~ Driving Park Map, Lots 16 and 65; County Tax Map Distri( lO00: Section 48, Block 3, Lot 25.1. WHEREAS, ublic hearing was held and concluded on March 5, 1987 in the Ma zer of the Application o~ KAPELL REAL ESTATE INC. and LIMPET COR~ under Application No. 3511; and WHEREAS, a sa~d hearth9 all those who desired to De nearo were heard and their testimony recorded; and WHEREAS, Doaro has carefully considered all testimory aha oocumentation ~m]z~eo concerning this application; eno WHEREAS, z board memaer~ nave personally viewec and are familiar with I premises in cuestion, its present zoning, ano the surroundinc areas~ and WHEREAS t board made the following findings of fact:. 1. The pr ises ~ question is referred to as Lots 16 and 65 as ShOWn on "Ma of Property of Greenvort Driving Park," filed December l, 190 as Map No. 369, eno is more particularly shown on the Suffolk ~un~y Tax Maps as District 1000, Section 48, Block 3, LO~ 25.1 2. The e~ire premises as exists contains a total area of ~1,2~6 sq. ft., lot depth of 225.]4 feet, aha 50 ft. lot width. The pre~ ises is presently vacant. 3. By thi application, appellants request area var]an.ces for approval of (a) insufficienc lot area of 5,628 so. ft., lot depth of 112.55 feet, eno lot widen of 50 fee~ of proposeo Lot (CONTINUED 0N ~GE T~ DATED: April 22 1987. C~I~, SOUTHOLD TO~ ZONING BOA~ OF APPEALS Page 2 - Appea,l No. 3511 Matter of KAPELL REAL ESTATE & LIMPE- CORP. Decision R~d~h~ Apr~3. 1987 B; and (bi ihsufficient lot area of 5,628 sq. ft., lot depth of 112.55 ~eet~ and lot width Of 50 feet of proposed Lot A, as more ~articula~ly shown on map prepared by Roderick VanTuyl, P.C. amebded MIy l, 1986. 4. Submitted for the record is a copy of the January 13 1987 approval ~rom the Suffolk County Department of ~r~L~~ a~? letter dated August §, 1986, frJm the coo.d~%jonaIl~ look-up ~or )~'J~ ~=~uq~or~ autnqrlzlng the'Board th~ water~Jrv,]]2 ...... ~.~ !de understanding of for propos~J L t A {#65)"~j ~a~a~/aole along Linnett S~reet to ~roRosed Lol B [#16) along Brown SEreet lable 5. For tls record it =s notes that an application is pending at thi. time before the Southold Town Planning Boars for subdivisio~ set-off approval. 6. Articl Zoning Code req minimum lot wi'd feet. e III, Section lO0-31, Bulk Schedule of the uirJs a minimum lot area of 80,000 sq. ft., th of 175 feet, ado minimum lot depth of 250 7. The am requirements is 8. It is )remises was no although the lo Subdivision Map our u~derstandi approvals have Boara. 9. In viol the following L, Park"'in the not appear to prior to Novemb( Article III, Se( Lots 67 and 66; 60, 59, 26, and ado 44; (fi Lo! 71 adc 72; (k) Lots 1 and 19 adc 21; 10. It has 35 AD2d 58) that of a variance ex chat one vari~nc lot area, lot wi escablis~ a zone zone districts p map. This board ~o create new zc ll. ~t is similar subdivis ~n 1957 coulO be }unt of relief reouested from the lot area 74,372 sq. ~t., or a percentage qf 92.5%. ~he unserst~noin§ of the Board that the subject held in Single and separate ownership, ;s are shown as Lots 65 ado 16 on the 1909 of "Greenoort Driving Park." It is also ig that to date, no subdivisio~ or set-off ~een rendered by the Southold Town Planning ing the immediate area, the Board finds that ts as shown on the "Map o~ Greenport Driving ediate vicinity of the subj. ect premises os ve peen "held .in single and separate ownershio r 23, 1971 and thereafter" as re ' ~ - qumre~ oy tioh 1. O0-3!(A) of the Zoning Code (al (bi Lots 64, 63, 62, 61 and 18; (c) Lots 28; (d) Lots BO and 32; (el Lots 42, 43 s 40 and 41; (§) Lots 7 and 8; (hi LOts Lots 54 and 55; (J) Lots 48, 49 anc 50; 2; (1) Lots ~1, 13 and 15; (mi Lots 17 Lots. 28, 25, 27.,29 ano 31. ' oeen held Dy the Courts (VanDusen v. Jackson, a Board of ApPeals cannon under the semblance )rcise legislative powers. It ~s apparent )s requested are substantial with respect to )tn, ana lot depth, and would in effect district completely at peas wits all piper 'ovided for in the zoning code and zoning opes not believe that it has the authority ing districss under the guise of a variance he consemsus of the Boars that this ada other ions created prior to the ena=tment of zoning includec in the "Exceptions" List of the RECEIVED BOARD OF APPEALS Pa§e 3 - Appe, MatTer of KAPI Decision Zoning Code a NOW, THER Mr. Grigonis, RESOLVED it is without ano the a~uea' No. 3511 LL REAL ESTATE & LIMPET CORP, red April 23, Lernat]vel¥. ~FORE, on motion by Mr. it was Douglass, seconded by that it is Lhe determination 3f this Board that iurisdiction to gran~ the rel'ief as requested, is therefore DENIED, Vote of tie Board; Ayes: Messrs. Goehringer, Grigonis, Doug]ass and S~wicki. (Member Doyen ~f Fishers Island was absent.) This resolution was duly a~oD~en, lk GERARD P. GO~I~RI~RMANI RECEIVED MAR 1 8 ZOO9 BOARD OF APPEALS MAR 1 $ 2009 Robert Barratt PE CEng FIMechE Eur Eng LSA 4295 Vanston Road Cutchogue NY 11935, USA Tel 631 875 0275 Email mbertbarratt~optonline.net Fdday, Oct10,2008 Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 RECEZVED MA[~ ] $ Z009 BOARD OF APPEA~ Subject: 722 Brown Street, Greenport, NY and SCTM# 1000-48-3-25.1 Members of the Board, Please find attached my client's application attached as pages 1 thru 20 and their check for $600.00. I look forward to hearing from you in due course. Sincerely, Robert Barratt PE Encl Application pages 1 thru 20 Check for $600.00 ELIZABETH A. NEVILLE, RMC, CMC 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 March 23, 2009 Zoning Appeal No. 6288 Transmitted herewith is Zoning Appeals No. 6288 of Robert Barratt for S. & D. Villareal - the Application to thc Southold Town Zoning Board of Appeals. Also enclosed is thc Applicant's Project Description, Questionnaire, Cover Letter from Robert Barratt PE, Notice of Disapproval from Building Department Dated June 10, 2008, Copy of Survey Showing Property as it Exists Dated November 29, 1989 Prepared by Roderick Van Tuyl, P.C., Reduced Copy of Plans for Frec Standing Garage Showing Floor Plan, Plot Plan & Elevations Dated November 2, 2008 Prepared by Robert O. Ban'att, Large Copy of Plans for Free Standing Garage, Authorization Letter from D. Villareal Appointing Robert Barratt to Represent them in this Matter, 2 Page Copy of Property Record Card, Page 8 Left Blank, 3 Pages of Photos of Property Showing Existing Shed & Stakes for Proposed Garage, Letter Stating No Covenants & Restrictions or LWRP Form or Environmental Assessment Form, 3 Page Copy of Town Board of Appeals Decision Dated May 14, 1986, Copy of Survey Showing Property as it Exists Dated May 1, 1986 Prepared by Rodcrick Van Tuyl. P.C., ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 3-19-09 ZBA # NAME OF APPLICANT CHECK # AMOUNT ~G~. J;I~];F....~TAMP #6288 VILLAREAL, D. & S. #1054 $600.00 '"~' -'- uici ~own Clerk · ,~ ~,~ u ~,l I TOTAL $600.00 Sent via Inter-Office to Town Clerk by: pmk Thank you. Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 03/19/09 * * * RECEIPT * * * Receipt'8: 43616 Transaction(s): 1 1 Application Fees Reference Subtotal 6288 $600.00 Check#: 1054 Total Paid: $600,00 Name: Villareal, Seledonio & Delores 806 Linnett St Greenport, NY 11944 Clerk ID: CAROLH Internal ID: 6288 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JUNE 25, 2009 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~ JUNE 25~ 2009: 10:10 A.M.S. VlLLAREAL and D. VlLLAREAL # 6288. Requests for Variances based on an application for a building permit and the Building Inspector's June 10, 2008 Notice of Disapproval under Section 280-15 for the reason that an accessory garage on this 11,256 square foot lot because the code requires accessory buildings located in a required rear yard, subject to (1) the new construction is less than 15 feet from a property line and is proposed at a height of 20 feet, and (2) the new construction is not located in the code-required rear yard. Location of Property: 722 Brown Street, Greenport; CTM 48-3-25.1. 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: June 4, 2009. 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 MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net June 4,2009 Re: Town Code Chapter 55 - Public Notices for Thursday, June 25, 2009 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 June 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 abilitY1 and to confirm how arranqements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible; AND not later than June 15th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and furnish to our office with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later 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 June 17th: 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 our office before June 23, 2009. 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. NOTIC OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: VILLAREAL, S. & D. #6288 MAP #: 48-3-25.1 VARIANCE: SETBACKS, YARD LOCATION REQUEST: ACCESSORY GARAGE DATE: THURS JUNE 25,2009 10:10 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 ~LocatiQ.n_: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailin~ Address: 53095 Main Road RO. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET Date= ~ {~10~ TOTAL NO. OF PAGES INCLUDING COVER= SENDER'S TELEPHONE NUMBER= %54809 ~[ess 1 ~t voice REFERENCE:: [] URGENT [] FOR YOUR UPDATE [] PLEASE COMMENT [] AS REQUESTED [] ............... NOTES/COMMENTS= Please fixad attached copy/copies of the following: Thank you. Sender's Initials: ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of (Name of Applicants) CTM Parcel #1000- - JUN X 2 2009 ~OA/~D OF APPEALS AFFIDAVIT OF MAILINGS COUNTY OF SUFFOLK) STATE OF NEW YORK) I, residing at , New York, being duly sworn, depose and say that: On the ~// H. day of ._T'~,..,._~ ,200~, I personally mailed at the United States Post Office in c_u ~-¢~o ,; ~/d' , New York, by CERTIFIED MAIL., RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( ) Assessors, or ( ) County Real ProperlY Office , for every .property which abuts and is across a public or private street, or vehicular right--of- way of record, surrounding the applicant's property. (Signature) Sworn to before me this ~(F~ day of C:~-,,~ ,2OOC~ (Notary Public) COI'~NtE D. BUNCH N0tmy Public.State of New York No. 01BU6185050 Qualified n Suffolk County Commission Expires April J4, PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. ~lq L/4t STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) JUN ~ 6 2009 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 11th day of June, 2009. Principal Clerk Sworn to before me this LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JUNE 25, 2009 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning),Town of Southold, the following public hear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, 53095 Main Road. PO. Box 1179, Southold, New York 119714}959, on II[IJBJ~Y, 9:.45 A.M. DURANTE and ANNA GALEOTAFIORE #6286. Requests for Variances, based on an application for a building permit and the Building Inspec- tor's December 2, 2008 Notice of Disap- proval concerning new additions and alterations to the existing single-family dwelling. Variances are requested: (1) under Section 280-122 and Code In- terpretation under ZBA #5039 (WaIz), and for the reason that construction is proposed with an increase in the degree pf nonconformance with regard to exist- lng nonconforming single s_ide yard, and each front yard, and (2) under Section 280-124 for additions at less than 10 feet on a minimum single side yard setback, at less than 35 feet from the front lot lines along Hobart Road, and at less than 35 feet from the front lot line along Old Shipyard Lane. Location of Proper- ty: 2635 Hobart Road (and Old Shipyard Lane), Southold; CTM 1000-64-5-31. 9:55 AM. MICHAEL and KATH- LEEN MIGGINS # 6285. This is a Lot Waiver request un'der Article II, Code Sections 280-iOA and SecOon 280-I1, baaed on an application for a building permit and an application to unmerge properties for an area of 13,987 square feet as a separate lot. Based on the Build- ing Inspector's February 23. 2009 No- tice of Disapproval determination and Article I1, Code Sections 280-10A and Section 280-11. this 13,987 square feet of land area has merged with the adjacent 8,902 square feet of land area. Location: 200 East Lane (and adjacent land known as 555 South Lane), East Marion, shown as County Tax Map Numbers 1000-3l-1- 12 and 1000-31 1-13 respectively. 10:10 A.M.S. VILLAREAL and D. VILLAREAL # 6288. Requests for Variances based on an application for a building permit and the Building In- spector's June 10, 2008 Notice of Dis approval under Section 280-15 for the reason that an accessory garage on this 11,256 square foot lot because the code requires accessory buildings located in a required rear yard, subject to (1) the new construction is less than 15 feet from a property line and is proposed at a height of 20 feet, and (2) the new construction is not located in the code-required rear yard. Location of Property: 722 Brown Street. Greenport; CTM 48-3-25.1. 10:25 A.M. ANGELICA BER~ GOLEA and ISKENDER EREY # 6283. Requests for Variances under Sec- tions 280-I 16B and 280-124, based on an application for a building permit and the Building Inspector's February 17, 2009 Notice of Disapproval for additions and alterations to the existing single-family dwelling proposed at: (1) less than the code-required minimum of 75 feet from the bulkhead adjacent to Orient Har- bor; (2) less than l0 feet on a single side yard, and (3) less than a total of 25 feet for combined side yard setbacks, at 680 South Lane, East Marion; CTM 38-6-7. 10'.50 A.M. MICHAEL and ROBIN DREWS #6282. Requests IBr Variances based on an applicatinn for a building construction of deck and platform ac- cessory structures at less than the code- required minimum of 75 feet from the bulkhead adiacent to Little Peconic Bay, at 7425 Nassau Point Road, Cutchogue; 11.-05 A.M. JOE RUGGIERI and RONNIE RUGGIERI (by John Rug- gied) #629L Requests for 'Variances under Section 280-124, based on an ap- plication for a building permit and the Building Inspector's amended March 17, 2009 Notice of Disapproval concern- ing a deck addition and garage addition to a new single-family dwelling (under construction), which will be less than the code~required minimum of 10 feet for a single side yard and less than a total of 25 feet for combined side yard setbacks, at 3690 Peconic Bay Boulevard, Laurel; CTM 128-6-6. 11:20 A.M. SPIRO GEROULANOS ~6290. Request for a Variance under Section 280-124A, based on an applica- tion for a building permit and the Build- ing Inspector's Mamh 5, 2009 Notice of Disapproval concerning raised patio and swimming pool construction which will be less than the minimum code-re- quired 40 ft. front yard setback on this 31,915 square foot parcel, located at 2130 Broadwaters Road and Crabbers (unopened) Road, Cutchogue; CTM 1:10 P.M. ~)ANIEL and NANCY FISCHER #6292. Requests for Vari- ances, based on an application to the Building Department and the Build- ing Inspector's February 6, 2009 Notice of Disapproval concerning a proposed subdivision of property for the following reasons: (1) the proposed subdivision is not permitted with less than a minimum 40,000 square foot lot size In the R40 District~ for proposed Lots #1 and ~2: (2) ,the existing as-built (without permits) one-story structure is proposed on Lot g2 with a side yard setback at less than the code-required minimum of 15 feet; (3) the existing accessory shed is less than the code required minimum of 10 feet. Location of Property: 38785 Route 25 (Main Road) and Ryder Farm Lane, Orient; CTM 1000-15-8-1.1. 1'.30 P.M. BABS CORP. # 6284. Re- quests for Variances, based on an ap- plication for a building permit and the Building Inspector's June 3.2008 Notice of Disapproval for the proposed re- construction of a single-story accessory (barn) building on a conforming 20,082 square foot lot located in the Hamlet Business Zone District, for the reason the new construction wi[l be less than the code-required minimum of 10 feet from two property lines (side and rear lot lines), at 13105 Main Road, Mattituck; C'I'M 140-3-39. 1=45 P. IH. ROMAN~L1 REALTY ~6224 and #6100 - Continued hearings, pending additional information). Loca- tion of Property: 36660 Route 25 (South Side of Main Road), Cutchogue; CTM 97-3-3.1 (formerly 97 3-3). The Board of Appeals will hear all persons, or their representatives, desir- ing to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each 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 e mail: Linda. Kowalski@Town. Southo]d.ny. us. Dated: June 9, 2009. ZONING BOARD OF APPEALS GERARD P GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mfiiling/USPS) hO. Box 1179 Southold, NY 11971-0959 day of ~~ ~ 2009. cHRISTINA VOLINSKI NOTARY pUBLiC-STAlE O[ NEW yORK No. 01.V06105050 guaJlfled in SulloIK CounW Principal Clerk Sworn to before me this LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JUNE 25, 2009 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pot- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning),Town of Southold, the following public hear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, 53095 Main Road, PO. Box 1179, Southold, New York 11971-0959. on ~ 9:.45 A.M. DURANTE and ANNA GALEOTAFIORE ~6286. Requests for Variances, based on an application for a building permit and the Building Inspec- tor's December 2, 2008 Notice of Disap- proval concerning new additions and alterations to the existing single-family dwelling. Variances are requested: (1) under Section 280-122 and Code In- terpretation under ZBA g5039 (Walz), and for thc reason that construction is proposed with an increase in the degree ?f nonconformance with regard to exist- mg nonconforming single s_ide yard. and each front yard, and (2) under Section 280-124 for additions at less than 10 feet on a minimum single side yard setback, at less than 35 feet from the front lot lines along Hobart Road, and at less than 35 feet from the front lot line along Old Shipyard Lane. LacaQon of Proper- ty: 2635 Hobart Road (and Old Shipyard Lane), Southold; CTM 1000~64-5-3L 9'.55 A.M. MICHAEL and KATH- LEEN MIGGINS g 6285. This is a Lot Waiver request un'der Article II, Code Sections 280-10A and Section 280-11, based on an application for a building permit and an application to unmerge properties for an area of I3,987 square feet as a separate lot. Based on the Build- ing Inspector's February 23, 2009 No- rice of Disapproval determination and Articte 11, Code Sections 2g0-10A and Section 280-11, this 13.987 square feet of land area has merged with the adjacent 8.902 square feet of laud area. Location: 200 East Lane (and adjacent land known as 555 South Lane), East Marion, shown as County Tax Map Numbers 1000-3l 1 12 and 1000 31-1 -l 3 respectively. 10:10 A.M.S. V/LLAREAL and D. VILLAREAL ~ 6288. Requests for Variances based on an application for a building permit and the Building In- spector's June 10, 2008 Notice ol Dis- approval under Section 280 15 for the reason that an accessory garage on this 11,256 square foot lot because the code requires accessory buddings located in a required rear yard, subject to (1) the new construction is less than 15 feet from a property llne and is proposed at a height of 20 feet, and (2) the new construction is not located in thc code-required rear yard. Location ol Property: 722 Brown Street, Greenport; CTM 48-3-25.1. 10.25 A.M. ANGELICA BER- GOLEA and ISKENDER EREY # 6283. Requests for Variances under Sec-' tions 280-1 i6B and 280-124, based on an application for a building permit and the Building Inspector's February 17, 2009 Notice of Disapproval for additions and alterations to the existing single-family dwelling proposed at: (1) less than the code-required minimum of 75 feet from the bulkhead adjacent to Orient Har- bor; (2) less than 10 feet on a single side yard, and (3) less than a total of 25 feet for combined side yard setbacks, at 680 South Lane, East Marion; CTM 38-6-7. 10'50 A.M. MICHAEL and ROBIN DREWS #6282. Requests for Variances based on an application for a building permit and the Building Inspector's Feb- ruary 17, 2009 Notice of Disapproval for required minimum of 75 feet from the bulkhead adjacent to Little Peconic Bay, at 7425 Nassau Point Road, Cutchogue; CTM 118-4-2. 11:05 A.M. JOE RUGG1ERI and RONNIE RUGGIERI (by John Rug- giefi) ~6291. Requests for 'Variances under Section 280-124, based on an ap- plication for a building permit and the Building Inspector's amended March 37, 2009 Notice of Disapproval concern- mga deck addition and garage addition to a new single-fam0y dwelling (under construction), which will be less than the code-required minimum of 10 feet for a single side yard and less than a total of 25 feet for combined side yard setbacks, at 3690 Peconic Bay Boulevard, Laurel; CTM 128-6-6. 11:20 A.M. SPIRO GEROULANOS ~6290. Request for a Variance under Section 280-124A, based on an applica- tion for a building permit and the Build- ing Inspector's March 5, 2009 Notice of Disapproval concerning raised patio and swimming pool constraction which will be less than the minimum code-re- quired 40 ft. front yard setback on this 31,915 square foot parcel, located at 2130 Broadwaters Road and Crabbers (unopened) Road, Cutchogue; CTM 1:10 P.M. ~)ANIEL and NANCY FISCHER #6292. Requests for Vari- ances, based on an application to the Building Department and the Build- ing Inspector's February 6, 2009 Notice of Disapproval concerfiing a proposed subdivision of property for the following reasons: (1) the proposed subdivision is not permitted with less than a minimum 40,000 square foot lot size In the R-40 Districh for proposed Lots gl and ~; (2) the existing as-built (without pernrits) #2 with a side yard setback at less than the code-required minimum of 15 feet; (3) the existing accessory shed is less than the code required minimum of 10 feet. Location of Property: 38785 Route 25 (Main Road) and Ryder Farm Lane Or ent; CTM 1000-15-8-1.1. 1'30 P.M. BABS CORP. # 6284. Re- quests for Variances, based on an ap- plication for a building permit and the Building Inspector's June 3, 2008 Notice of Disapproval for the proposed re- construction of a single-story accessory (barn) building on a conforming 20,082 square foot lot located in the Hamlet Business Zone District, for the reason the new construction will be less than the code-required minimum of 10 feet from two property lines (side and rear lot lines), at 13105 Main Road, Mattituck; ~ 140-3-39. 1:45 EM. ROMANELLI REALTY g6224 and #6100 - Continued hearings, pending additional information). Loca- tion of Property: 36660 Route 25 (South Side of Main Road). Cutchogue; CTM 97-3-3.1 (formerly 97-3-3). The Board of Appeals will hear all lng to be heard at each hearing, and/or 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 to contact our office at (631) 765-1809, or by e-mad: Linda. Kowa]ski~Town. Southold.ny. us. Dated: June 9.2009. ZONING BOARD OF APPEALS GERARD E GOEHRINGER. CHAIRMAN BY L1NDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) EO. Box 1179 Southold, NY 11971-0959 day of L...-/r(ff~ ~.> 2009. CHRISIINA VOL~NSK NOIARY pUBLIC-SIAIE 05 NEW yoRK No. 01.V06105050 Qualified in $uffoIV, counly OFF ClAL U_SE $0.44 $2.30 $5.~ I I ~e~F~C I A L USE ru E:3 Postage Certified Fee Return Receipt Fee (E~dorsernent Required) C3 $ $5.54 ~I3~Fz11~ I A L USE [:3 111 I ~,R~CIA L USE $2.~0 $ $§.~ ~ Il Coml~ Iteme 1, 2, aid 3. Nan ~ : I m~nl~thl~ca~dtothebar, kofttmmailplane, ~epace permits. SlgJlaturo [] Agent [] Addressee D. Is d~k~ty addrees dEfemnt from If YES, enter d~ivery address bek3w: [] No S~vk~ Type [] Regietaeed [] Retum Rec~pt for Merchandbe [] Insured M~il [] C.O.D. 4. Ictad D~ k~ry? ~_x~a Fee) EYes ~ ~ Numl~t ~3811, F~m~2~ 7008 1300 0001 7023 9441 · Cemp~te Rems 1, 2, and 3. AJso complete an that we can return the card to you. · Attach this card to the back of the mailpiece, D. Isd~e~addressdfffemnt~c~Eeml? OYes If YES, enter delive~ address be~3w:, [] No 2. ~ Number PS Fo~n 3811, Febmary2C 7008 1300 0001 7023 9427 · CempLet9 ~.ems 1,2, and 3. AJso complete I~m 4if Resl/l~ed D~ive~j is desired. · Print your name and address on the reverse an that we can return the card to you. · Attach this card to the back of the mailpiece, or on the fl'ont if space permRs. D. ~ d~h~Y address different f~xn Rem 1 ? If YES, enter d~lvery addres~ bek3w: 2. At,cie Number PS Form 3811, February ; 7008 1300 0001 7023 9458 ONo J ~ Certified M~I [] ~ Ma~ J Reg~tered [] R~um Rece4pt for Memhandlse l [] Insured M~I [] C.O.D. J4. Re~dcted D~ive~? ~ Fes) OYes Item 4 if Resbtcted DelNery Is desired. · Print your name and address on the mverca so tflat we can return the card to you. · Attach this card to the back of the maJlpiece, ~ on the front if space permits. 1.~:le Addressed to: D. Is dellve~yaddmssdifferent fmmitem 17' r-1 y~s If YES, enter delive~ address below: [] No [] Registered [] Retum R,M~ f~r Merchandise [] Insured Mail [] C.O.D. 4. Resbfcted Dellvefir2 (Ex~a Fes) []Yes !a..,~,~eNumber '~00~;-- t-z~ --c~c~ot _"-~o ~.."~~- Im~lm~3811,February200 7008 1300 0001 7023 9410 Delivery [] No [] Reglateeed [] Retum Receipt for Memhandiee [] Insu~d M~I [] C.O.D. 4. Rear,ted De4~,y~ ~,a r,~ OYes ! PS ~ 3811, Februery 21 7008 1300 · Complete ifems 1,2, and 3. Also complete Rem 4 If Resfltcted Detivery 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, 0001 7023 9465 3, Sen'Ice Type ~Cevlffled Mail [] Express Mall [] Registered I-1 Return Receipt for Merchandise [] Insured Mall rl C.O.D. 4. Restricted Delive~/Ex~a Fee) r'l Yes , Psr.~m3811.Feb~ 7008 1300 0001 7023 9984 '" -' .~'~ · Com~ate items 1,2, and 3. Also complete item 4 if Restricted Delivery Is deslrad. · 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 mailpleca, or on the front if space permits. 1. Article Addreased to: 2. A~ticte Number Crransfer from se~/ce/abe0 [] Agent [] Addre~ee [] Insured Mall [] C.O.D. 4. Rest dcted Deli~y? (Extra Fee) ~-iyes PS Form 3811, February 2004 7008 1300 0001 7023 9472 ~-o~ · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ~ · Print your name and address on the revere so that we can retum the card to you. · Attach this card to the back of the mellpiec?~ or on the front if space permits. 1. Artiale Addressed to: 2. A~ticle Number PS Form 3811, February 2004 A. Signature [] ~gent P~med Name) ~*Cettifled Mall [] Express Mall 4. Restricted Delh~fy? (Extra Fee) [] Yes 7009 0820 0001 7821 2546 ZONING BOARD OF APPEALS .... -TOWN OF SOUTHOLD:NEW YORK · In the Matter of the Application of (Name of Applicant) Regarding Posting of Sign upon Applicant's Land Identified as 1000- COUNTY OF SUFFOLK) STATE OF NEWYORK) I, ,~a~-~--r~-~' ~,l:~-A-'r-T ~ residingat AFFIDAVIT OF SIGN POSTING e~'~c~,o4 ~: , New York, being duly sworn, depose and say that: On the day of ~'~. e ,200 q, I personally placed the Town's official Poster, with the date o[ headng and nature of my application. noted thereon, Securely upon my property, located ten(lO) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance;* and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which headn~3 date was shown to.be (Signature) Sworn to before me this )~"~ day of~-~ , 200~'. (Notary Public) CONNIE D. BUNCH Note~j Public, State of New Yor~ No. 01BU6185050 Qualified in Soffolk County Commission Expires April 14. ?_r~ *near the entrance or driveway entrance of my properly, as the area most visible to passersby. June 24, 2009 Lori Latney 807 Linnet St. Greenport, NY 11944 Southold Town Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Re: 722 Brown Street, Greenport; CTM 48-3-25.1. To Whom It May Concern: I am adamantly opposed to the requests for variances by S. Villareal and D. Villareal # 6288. I have resided next door to this property for the past 57 years. This is a residential area and I would like it to remain that way. The request for a variance is not tbr a regular garage they are requesting an oversized garage with upstairs ceilings of seven feet for storage and a bathroom. Why do they need seven-foot ceilings and a bathroom for storage? I feel that if they truly only want a garage and storage they should stay within the zoning laws. To me this has the potential to be something other than a residential garage. I would like you to strongly consider my opposition to the above request. I am extremely concerned about the effect this will have on my property as well as the entire neighborhood. IfI can help in any way to defeat this proposal, please let me know. Thank you. Sincerely,., Lori Latney June 25~, 2009 Paul Davis & Christine Gjuiiano 235 Linnet Street, Greenport, NY 11944 631.553.0447 RE: Zoning Board of Appeals. Town of Southold 722 Brown Street, Greenport, NY 11944 CTM 48-3-25.1. To whom it may concern: In regards to the variance for the above mentioned property. Mr Villareal has been fined several times for code violations for unlawful inhabitants living m his basement, an illegal addition to a shed, and illegal kitchen, bathroom and bedroom in the basement. As you can see by the photos, Mr Villareal has blatant disregard for the condition of his yard and how it affects his neighbors. There is an unlicensed vehicle parked in the yard, an open 55 gallon drum that he uses as an outdoor stove. There is debris left outside his fence for weeks at a time and uncut grass and weeds that are 3 feet tall at times. It is a haven for vermin and blowing trash. If Mr Villareal is awarded the variance we see one of two possible scenarios. a. The "storage space" with 7 foot ceilings on top of the two car garage will be used as an illegal apattment. b. The "storage space" will be used as a commercial space for Mr. Vilhreal's consUmction company business with workmen, vendors, clients coming and going. We are a lovely neighborhood on the upswing and in that many people are upgrading their properties and m~king it a better place to live. We would like to continue the bettennent of the neighborhood and reap the rewards of the pride of ownership that we have been enjoying. We believe that the building Mr. Villareal is proposing would make it seem industrial and not a place for children to play. As we look out our bedroom window, we'd like to see flowers and green grass, not old construction rubbish, heavy equipment, and traffic. It is Mr. Villareal's back yard, but it's our front yard and I don't think that Mr. Villareal believes that it is important. His callous disregard for code in his home will only be repeated in his new building. So in summation, we are adamantly opposed to the appeal and to the construction of the building at all Sincerely, Paul Davis & Christine Giuli~/ /a~ ~obert Ban'att PE CEng FlMechE Eur lng 4295 Vanston Road, Cutchogue, NY 11935, Tel 631-875-0275 ZBA Office, Southold Town Hall Annex Delivered by hand, June 26th, 2009 RECEIVED 4 2009 80ARO OF APPEALs To: Board of Appeals, Town of Southold, (Delivered by hand 6/26/09) Subject: ZBA File 6288, 722 Brown Street, Greenport, NY, Appeal #6288 Dear Linda, Thank you for your letter dated August 3rd and the copy of the ZBA determination rendered on July 30, 2009 granting one variance. Since that time we have followed your instructions and have applied to the building dept for a building permit, which we understand will be available upon the payment of the associated fee. On March 17, 2009 the client paid, by check no 1054, the ZBA the sum of $600 to cover multiple variances. Since only one variance was granted we suggest that the $200 difference be applied to the building dept fee or refunded to the client. I am sending a copy of this letter to Michael Verity - Chief Building Inspector, in the hope that this matter can be resolved internally, If that is not the case we would be obliged if you would issue a check in favor of Dolores Villaraal mailed to my attention. Respectfully submitted, Robert Barratt PE Agent for owner Copies, Michael Vedty Dolores Villaraal Office Location: Town Annex/First Floor, Capitol One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 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 August3,2009 By Requ ar Ma I and Fax Transmission 734-2730 Mrs. Dolores Villareal c/o Mr. Robert O. Barrett, P.E. 4295 Vanston Road Cutchogue, NY 11935 Re: ZBA File No. 6288 -Application by Dolores Villareal (Variances) Dear Mrs. Villareal and Mr. Barrett: Enclosed please find a copy of the Zoning Board of Appeals determination rendered at the Board's July 30, 2009 Regular Meeting. Please be sure to follow-up with the Building Department for the next step in the building and zoning review process. A building permit will be necessary before commencing any construction activities. Thank~ou. Encl. Copy of Decision to: Building Department Very truly yours, TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown. NorthFork. net Examined ,20 Approved ~ ,20 Disapproved a/~C Expiration ,20 PERMIT NO. BUILDING PEOT 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 YS DE.C Trustees Flood Permit Storm-Water Assessment Form Contact: Mail to: !2. /-~'"~f&A'~'~'~ Phone: ~5~ i -- ~"~ ~''" C3'L'~ ~' Building Inspector APPLICATION FOR BUILDING PERMIT INSTRUCTIONS Date ,20 Og" 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. £ Evexy 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 fi.om 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 constraction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessmy inspections. · ~- / (~h~tffre of applicant or name, ifa comoration) "72.'?..; /~l~.o,q,~J Sm, ClO.~'~.~ Po~.l', /q¥11~qq (Mailing address of appticant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises ~~ O I/,,d~ ~, ~ ~. ~%/., (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. ~..~ O '~7-~ Plumbers License No. Electricians License No. Other Trade's License No. Location of land on which proposed work will be done: House Number Street Hamlet County Tax Map No. 1000 Section 4~ Block ~ Lot ~.~' I Subdivision Filed Map No. Lot 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy 511~ ~. b. Intended use and occupancy ~I ~,~ ~ Nature of work (check which applicable): New Building_ Repair Removal Demolition Estimated Cost Fee Addition Other Work ~escription) If dwelling, number of dwelling units If §arage, number of cars (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 ~,. ~e Depth Height ~ Number of Stories 'l'~&J 0 Dimensions of same structure With alterations or additions: Front Depth. .Height. Number of Stories 8. Dimensions of entire new construction: Front Height ~..0 Number of Stories 9. Size of lot: Front ~ Rear 10. Date of Purchase ~'~'~10~,, Name of Former Owner Rear ~.('4' Depth _Depth ~,.~,~;~ · ! 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 ~ NO__ Will excess fill be removed from premises? YES 14. Names of Owner ofpremises~ddress '"/~, ~,~,Ot~l~ ~one No. Rear NO / Name of Architect I~,. ~Ai~.~,.~'TT P~ Address~,~qq_ ~/&~l~?, Name of Contractor ~. V~ ~.A/t.~A(- Address "~,,~l~Phone No. ~,~ 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO ~ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO * 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 NO ~ · IF YES, PROVIDE A COPY. STATE OF NEW YORK) ~ ~L, ~.)1 ~A. ~. I~ 1~ l~k~,., being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the'l~ {~OIO 1'1~,. ~, ¢ TO ~ (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn t9 lpefore me this Notary Pub]l~' ~gnature of Applicant ROB I:Jobert 0 ~rratt Professional Engineer 4295 Vanston Rd Cutchogue NY 11935 Phone 631 875 0275 Fax 631 734 2730 RECEIVED MAR 1 ~ 2009 BOARD OF APPEALS Project: Villereal Residence 722 Brown St, Greenport, NY 11944-1716 DWa nO Free standing garage addition ~ so DRAWN BY These plans are an instrument of the service and are the property of the design professional whose seal is affixed hereto. Infringements will be prosecuted to the fullest extent of the law. Contractor shall v~rify all field CHECKED conditions and dimensions and be solely responsible for field fit. The design professional assumes no liability for omissions due to unknown or unforeseen field conditions and or additions based upon comments not formally -- SCALE I I M = J 0 ~' acknowledged as revisions to these plans~ ' R~.~ =vc~ ~ ~* o ,~ ~ ~ Project Information: Use Group: Single Family Dwelling ; Construction Classification, Building Code: Residential Code of New York State-latest edition Section: R301 Design Criteria Minimum Design Loads for Buildings and other Structures ASCE/SEI 7.05 Permits in Place: Certificate of Occupancy Covenants and restrictions: None Area Calculation Existing first floor incl. deck Existing second floor Total existing eq ff Addition -Garage excluding attic Total addition sq ft Total area Footprint of Buildings (t272 + 960) Lot Coverage Lot size Lot percent covered 1272 sq ft 912 sq ft 2184 sq ff 960sq fl 960sq ft 3144sq ft 2232 sq ff 2192 sq tt 11300 sq ft 19.75% Zoning Schedule Standard Limits Proposed Min Lot 40,000sq fl 11,300sq ft Min width 150f1 5Oft Min rear yard 35ft Max bldg height 18ft 20ft ** Front yard 35ft 56 & 35 Total side 25ft 25fl Min side 1 Oft 10ft Min side aux building 5ft 5ft Max coverage 20% 19.75% *The lot has a two front yard facing onto both Brown and Linnet Streets ** Max height allowed before lots were merged Complies Pro-existing Pre-existing Variance Variance Complies Pre-existing Pre-existing Complies Complies Loading Dead load roof 18psf Dead load floor 20psf Live loads 40psf Ground Snow load: 45psf Earthquake Loads (ASCE/SEI 7.05) Category C Status: Exempt Wind Load (ASCEISEI 7.05) Basic wind Speed 120MPH Exposure Category Nmlh C South C West B East B Adjustment factor lambda = 1.4, importance factor I = 1.0 Ps30 range, zones A thru E, ch = -38.4 to +22.8psf See Fig 6.2 for details within range, Ps range = -53.74psf to +31.92psf Flood hazard: FEMAZoneX Notes Concrete 3000psi minimum compressive strength, air retained between 5-7% Poured concrete footings Wall footings, top of the footings to be 48in below grade, 16in x 8in with 2 x % rebar Pier footings16in x 8in x 8in concrete 4x1/2in Rebar OC 10in at right angles Concrete block walls, Foundation walls, 8in x 8in x 16in blocks, 1/2in Rebar OC 24in both horizontal and vertical, Foundation Piers16in x (4) vertical rebar OC 12in Install water service and sewer connections in foundation walls All block voids filled with hand poured fine concrete mix Foundation walls finish 12in above highest grade Ground floor garage concrete slab Compact soil, install 1 in rigid insulation to walls and install 6mil poty barrier Pour 3 1/2in rain concrete slab floor with wire mesh leaving 2ft x 9ft access area for sewer and water connections Above-grade walls 2in x 6in studs OC 16in, 2in x 6 in sill plates, base plates and top plates, 1/2in plywood, vapor barrier and siding (client's choice) Openings for windows and personal doors and trim rough openings with treated lumber under 2 x 2in x 8in headers Sill plates to be anchored to foundation walls OC 6ft with pitch not to exceed 2ff at corners All nailed joints to be reinforced with Simpson style hurricane ties (see detail drawing for details) Garage doors (1)9ftW x 9ftH and (!) 10~W x 9ftW, under headers (3) 2in x 12in Douglas fir or equivalent Garage door header supported off concrete block, via jack studs bearing area to be 6in x 6in at each end of spans Install all doors Attic stb f-age Center girder (3) 2in x 12in supported on permanent steel columns OC 8ft buried in the concrete piedfootings 2in x 10in OC 16in joists, supported and anchored via 2in x 10in header plates, 2in x 6in base and top plates Roof Rafters, 2in x 10in OC 16in Douglas fir# 2, Peak 2in x 12in Roof ties and purlins 2in x 8in OC 48in 2in x 6in base-plates anchored on 4ff centers, 2ft max from corners All roof truss joints, studs, jack studs, reinforced against upward wind load by Simpson style hurricane ties. Roof is unfinished, except for bathroom/office area. Attic ventilation is achieved through longitudinal vented soffits and ddge vents Bathroom Timber floor raised 14in to assist installation of waste plumbing, two 9in x 7in rise access steps, 16in x 16ff access hatches in floor to c/o connection 30in personal access door 2in x 6 in studs OC 16in walls and ceiling R-19 insulation between wall studs and R-30 between ceiling joists Face walls and ceiling with 1/2in drywall and finish spackle: (+,~'~ Electric hot water heater in closet under stairs Plumbing Install water service and waste connections to existing servi?es to existing house Electrical Install electrical service as required Install electric base board heating in office and bathroom Install two wall AC units Yard Grade and landscape as required. Bluestone driveway ROB Robert O Barratt Professional Engineer 4295 Vanston Rd Cutchogue NY 11935 Phone 631 875 0275 Fax 631 734 2730 Project: Villareal Residence 722 Brown St, Greenport, NY 11944-1716 Free standing garage addition These plans are an instrument of the service and are the property of the design professional whose seal is affixed hereto. Infringements will be prosecuted to the fullest extent of the law. Contractor shall verify all field conditions and dimensions and be solely responsible for field fit. The design professlonal assumes no liability for omissions due to unknown or unforeseen field conditions and or additions based upon comments not formally acknowledged as revisions to these plans. DRAWN BY ~ ,c'~. =.~.~.~.~.~.~.~.~.~ CHECKED SCALE /",3 ~ '~. ST. ST. NOTICE ~ COUNTY OF SI .,,.,~.~,~,~.~,,~. I~',..~',g.%Real Property lax '