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HomeMy WebLinkAbout6324 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailine Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http'//southoldtown. . northfork . net TOWN OF SOUTHOLD Tel. (631) 765-1S09 Fax (631) 765-9064 ~~. ~ Sou~hold Tow. Cler~ ZBA # 6324 - Lorraine Parra, Applicant Property Location: 970 Seventh Street, Greenport CTM # 1000-48-02-19 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter- community impact. PROPERTY FACTS/DESCRIPTION: The property is pamel containing +/- 2,475 square feet in area, with 45.08 feet along Seventh Street in Greenport. The property is improved with a single-story frame house with deck, as shown on the survey prepared by Peconic Surveyors, P.C. dated June 18, 2009. The sanitary system is located in the rear yard. BASIS OF APPLICATION: Requests for Variances under Section 280-124 based on the Building Inspector's July 8, 2009 Notice of Disapproval which states that the new addition/alteration (to the existing single family dwelling) will be less than the code-required minimum of 35 feet and will exceed the maximum lot coverage of 20%, after creating new habitable floor space on this +/- 2,475 square foot lot. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on October 29, 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: Page 2 - November 12, 2009 ZBA # 6324 - Lorraine Parra, Applicant CTM 48-02-19 AREA VARIANCE RELIEF REQUESTED: The applicant requests variances to maintain a front yard setback of 5.1 feet and lot coverage at a total of 23%, with the proposed one-stow addition to this preexisting nonconforming dwelling, as shown on the June 16, 2009 architectural site plan drawing page 5, prepared by Nancy Dwyer, Design Consulting Inc., and June 18, 2009 survey prepared by Peconic Surveyors, P.C. ADDITIONAL INFORMATION: The Zoning Board of Appeals approved the 5.1 foot front yard setback and 23% lot coverage for the preexisting nonconforming dwelling and existing deck located in the front yard under Appeals #5787 and #5801 on December 1, 2005. The proposed addition maintains the existing setbacks and lot coverage but creates new habitable space in place of the existing deck in its entirety. Also, the Board has received information, and letter from the applicant's design consultant Nancy Dwyer, confirming that the wish the Board to make a determination on the variance request and confirming the sanitary system is in the rear yard. 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 proposed addition will maintain the style of the preexisting dwelling, which is consistent with the character of 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 property is 2475+/~ square feet, having a width of 45.08 feet and a depth of 55 feet, which limits the size of the dwelling and proposed addition locations. The existing sanitary system is located and consumes the area available in the rear yard for an alternative location for a proposed addition', a brick patio is located in the southerly side yard where an addition may be proposed requiring a lot coverage variance at the very least and which then may limit access to the rear yard, the northerly side yard is 7.8 feet leaving the best location for a proposed addition as the one being applied for in this application. 3. Town Law §267-b(3)(b)(3). The variances requested herein are not substantial with respect to the variances previously granted in Appeals #s 5787 & 5801 for the existing deck. The same variances are being applied for under this application for a proposed addition (new habitable space) in all and only the areas of the existing deck. 4. Town Law §267-b(3)(b)(5). The difficulty has not been self-created because the dwelling was constructed and exists in its preexisting nonconforming location. 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. Page 3 - November 12, 2009 ZBA # 6324 - Lorraine Parra, Applicant CTM 48-02-19 6. Town Law §267-b. Grant of the relief requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of additional habitable space, 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 Chairman Goehringer, and duly carried, to GRANT the variances as applied for, as shown on the June 18, 2009 Architectural Drawings pages 1-5 inclusive, prepared by Nancy Dwyer, Design Consulting, Inc. and on the survey prepared by Peconic Surveyors, P.C. dated June 18, 2009. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Goehringer, Simon, Weisman, and Schneider. Member Horning was absent. This Resolution was dui (4-0 . -. / /~....r. ard~P. Goehringer, Cha~rma[/ .~__.~ffpproved for Filing lY//~ /2009 SURVEY OF PROPERTY AT GREENPOR T TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. 1000 - 48- 02- 19 Scale: 1"= 10' June 18, 2009 CERTIFIED TOt ~/0 LOT 0 0 FLINT STREET DFIELLINS fPUBI_IC WA TERI P/O LOT 58 '"7-'S. 82° 46 ' 58 ' E~ 5¢'o c ,'t o-,~- , B RICK I¥.o' ~ PRop. ~ ADDITION 0 o L~ L ORRAINNE PARRA JUL - 9 2O09 i~O T NUMBERS ARE'REFEr ENCED TO 'PLAN OF ',f~(2P~.B~4 7~ GREE~I.P..QR.." KNORN AS GREENPORT PARK' FILED DEC. I, 1909 IN THE OFFICE OF ~HE SUFFOLK COUNTY CLERK AS MAP NO. 369. ANY AL TERA TION OR ADDITION TO THIS SURVEY IS A VIOLA TION' OF ~CTION ~09 OF THE NEFI YORK STATE EDUCATION LA~F. EXCEPT AS PER SECTION 7209-SUBOIVISION 2. ALL CERTIFICATIONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SI~IVA TURE APPEARS HEREON. ELEVATIONS ARE REFERENCED TO AN ASSUMED DA TUM , N. ~2o 46'46"W. A~LT 55. 00' ~ I LOT 56 ~ D~LL~ ~ I The Iocdions at." - ' F~L MAP J ' elis OflO cesspools ~ J shown hereon ore from field observofions i~l~=n =v ~.~ r and or from dora ob/Dined from others. ~ - .~ww~ ~! ~ [ SEE ~ClSlON ~ ¢3~q ~ DATED// L,/~/~ I om Mmilior wilh lhe STANDARDS FOR APPRO ~1 ~ ~ / AND CONSTRUCT/ON OF SUBSURFACE SEWAGE /~' 74~< { ,?)jt~; ~;;;z~. ~,~ DISPOSAL ~YSTE~S FOR SINGLE FAMILY RESIDENCES ~ / ~ ~[ ~ N.~.S:; ~IC.~NO.i 49618 and wi'il abide by f~e conditions sef forfh fherein end on fhe , ~NIC ~' '~v~r(' ~': ~ / P.O. BOX 909 I~0 TRAVELER SOUTHOLD, N.Y. I1~'~ / -I ~ ~ _ CHIMNEY TO REMAIN ASPHALT ROOF SHINGLE B~PFLE ¢ COLORTO MATCH EXIDTING CO%-AGE STYLE WIN DOW5 GRADE FRONT ELEVATION SCALE: ~ = NEW CO NDTP-,UCTION HHH HHH 4HH R. IGiflT 51DE ELEVATION h, _ I ' O" SCALE: ~, - - PARRA RESIDENCE FINAL MAP REVIEWED BY ZBA SEE DECISION # ,~'~9 DATED / l / / ~'- / ~ooq NEW CONSTA.UCTION ) LEFT 51DE ELEVATION SCALE: 4 50UTHOLD BUILDING DEPARTMENT CRITEP-.IA ~ z ~c c~ BEDROOM L_ - ~ ~rHIN WALL ~POSED COL~A TI~ TE~~ FIRST FLOOR LAYOUT FIRST FLOOR ff~ME P~N REVIEWED BY ZBA U o z SEE DECISION ~ ~2~ ~d~ DATED I(I (~1 2¢~ Z~ JUL O 9 2009 DAMP PROOF p~M~TER. OF FOUNDATION WALL (TYPICAL ALL N~V ARI~A5) FOUNDATION WALL W/ III ;PAWL 5PACE III I1[ ~F~B~' -- I I FOOTING CRAWL 5PACE NEW J 8" X I G" FOUNDATION VENT5 A5 REQUI~D BY CODE FRAME PLAN WITHIN DqDTING FOOTPRINT- VERIFY ID~ACT DIMENDIONS DADEMENT SCALE~ ¼"= ILO'' P~OV, [POXIED #4 STEEL REBARVERT @ 12"0.C. INTO ~X[STING FOUNDATION WALL ¢ NEW WALL ABUTTING (TYPICAL ALL A P-I~A B ) FOUNDATION WALL LEGEND': DNSTING FOUNDATION WALL ~ FOOTING5 TO - ~NIDTING WALL TO ~_OUTLINE OF NEW WALL5 OUTLINE OF ~iBTING- WALL~ NEW 2" X &" P-..R. MATCH D(15TiNG ROOF PITCH REcEzt~. JUl. 80ARD OF APP~i. FINAL MAP REVIEWED SEE DECISION if DATED i( I1~1 ROOF PLAN SCALE: ¼"= ILO'' PLUMBING RISER DIAGRAM NOT TO SCALE LI I _ z PAGE' 3 '~¢~ ~ ~ BOTH ENDS) -- 2- ¥ ¢ 2 LVL ~ , L ~ C~WLSFACE ........ I ~ ¢" DIAM~ERANCHOR BOLT5 ~" DIA~ERANCHOEDOLT5 ~ C~WL ~R ID INBU~TION W/¢" MIN. DE~H e 48" O.C. 4 POUND CONC~E S" CONICAL BLOCK FINAL MAP FOUNDATION WALLW/ FOUND,ATION WALL W/ 2- ¢4 ~BAR IN FOOTING 2- ¢4 CZSA~ IN ~OOTrNG 5~B ON COMPAreD ~L~ ~PICALALLA~5) SECTION IIAU ~PICA, LALLA~5) SEE DECISION 5CAL[, ~"= ~'-o" ~ ~ DATED t/ ~ DESIGN LOAD CALCULATION5 4AILINGSCIIEDUL~ ............... ~ ,~,~'~, .... ALLOWABLE pEPLECT[ON Off 5TRUCTU ~b MEMEBE~ ................. .. DESIGN LOAD CALCULATIONB MINIMUM1 UNIEORMLY DIBTR.IBUTED LIVE LOAD5 JGR,OUND ~NOW LOAD J45 Ib~. JOINT D~5C ~.IPTION NAIL QUALII~ NAIL 5PACING TABLE P-..30 J .G :1 ALLOWABLE [S)EELECT[ON OE 5TRUCTU RAL MEMEBEP-,,5 5TRUCTUIRAL MEMBER ALLOWABLE DEFLECTION PLUMBING ¢ HVAC NOTdS: ¢. ELECTRICAL NOTES: ~x manuN~urer speCl~lO.S 5CALE: ~"- J' O" =o ~. . , ' ~ ,~'. '%- 5,dmZ, fpamln~ anehor~ or conneceors ~hall be ~rovide~ ae ~he edp an~ ~oeeom e. s.,,~¢ ~o~.~.o. ~.~ho,~: S., ¢~.h*~.~,o~,~ ~ DATED__ 55.00' PARALLEL TO FLINT CLIMATIC AND GfiOGRA?HIC D[51GN CPqTEP~IA Nov 120910:38a Desig n/B uil~l~.ffice Nancy Dwyer Oe~cjn ConBulbnc3, Inc. P.O. E~x G32 5outhold, New York I 197 I 631-765-8665 p.1 November 9, 2009 Lo~ame Pama Cf g324 9'70 5even~;h Bt. Gr~x~n?ort 5CTM# I 000-45-2- J 9 To The Town of 5our;hold Zonm~ Board of A?pealB, been ven~e& and ~s ~ocatcd ~hm thc r~ar yar~. Thc 5~m wdt not ,ntodere w~h cons~on a5 propose. ~5 le~er ~5 to re~ueB~ ~he Board ~ pro~ed w~th th~ zonmn~ aFFhcabon {~6324} a5 ~5 ap~l~cd for. FORM NO. 3 NOTICE OF DISAPPROVAL TO: Nancy Dwyer For Lorraine Parra 44 Terrace Circle Great Neck, NY 11021 Please take notice that your application dated June 29, 2009 DATE: July 8, 2009 For permit .to demolish existing deck and construct an addition/alteraii~ ~-a ~ingh, family dwelling at: Location o~'property: 970 Seventh Street Greenport, NY County Tax Map No. 1000 - Section 4_~8 Block 2_ Lot 1~9 Is returned herewith and disapproved on the following grounds: YFhe proposed demolition and addition/alteration to this existing single family dwelling, on a non-conforming 2475 +/- square foot lot in the Residential R-40 District is not permitted pursuant to Article XXII1 Section 280-124, non-conforming lots, measurinE less than 20,000 square feet in total size, require a minimum fi'ont yard setback of 35 fe~,l 0nd maximum lot coverage of 20%, the proposed construction is shown at 5.1 +/- feet fo, the front yard setback and lot coverage of 23 %. _N. otc: The Zoning Board of Appeals approved the above setback and lot coverage for th,. _e.xisting deck, appeal #5787&5801 on December 1, 2005. The proposed addition _maintains existing setback and lot coverage but creates new habitable space. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file, Z.B.A. FORM NO. 3 NOTICE OF DISAPPROVAL TO: Nancy Dwyer For Lorraine Parm 44 Terrace Circle Great Neck, NY 11021 DATE: November 18, 2008 Please take notice that your application dated November 13, 2008 For permit to construct an addition and alteration to an existing single family dwelling at: Location of property: 970 Seventh Street Greenport, NY County Tax Map No. 1000 - Section 4~8 Block 2_ Lot 1~9 Is returned herewith and disapproved on the following grounds: The proposed addition and alteration to this existing single family dwelling, on a non- conforming 2475 +/- square foot lot in the Residential R40 District is not permitted pursuant to Article XXIII Section 280-124, non-conforming lots, measuring less than 20,000 square feet in total size, require a minimum front yard setback of 35 feet and lot ~m;~'~0%, proposed construction is shown at 5.8 +/- feet and lot coverage of This dDappmval is based on survey by Barrett, Bonacci & Van Weele, PC, with information added by Nancy Dwyer, Designer. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: ~e, Z.B.A. DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE RECEZVED AUG 4 200 BOARD OF AppE~LS THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING August 19, 2009 Town of Southold ZBA 53085 Main Road PO Box ! 179 Southold, NY 11971 Att: Gerard Goehringer, Chairman Dear Mr. Goeringer: Pursuant to the requirements of Sections A 14 14-23 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission were to be a matter for local determination as there appears to be no significant county-wide or inter-community impact. A decision of local determination should not be construed as either an approval or disapproval. Applicants Municipal File Numbers Swing, Robert Tenedios, Steve & Olga Parra, Lorraine Farrand-Mooney, Kathryn Meskouris, Chris & Maryann Shipman, Jon& Jennifer Morris, Betty Ann & Kevin 6320 6323 6324 6335 6324 6327 6328 Very truly yours, Thomas A. Isles Director of Planning Theodore R. Klein SeniorPlanner TRK:ds 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 Fee: $ Office Notes: Filed By: For Office Use Only Date Assigned/Assignment No. Parcel House No. ~t~Lg Street ~¢~¢n4h ~'{?~ Hamlet SCTMlOOOSection ~t~Block o%Lot(s), Iq LotSize ~7Ssf. Zone I (WE) APPEAL THE WRITTEN DETERMJ[NATION OF THE BUILDING INSPECTOR DATED: d~/l~ ~, c90~ Applicant/Owner(s): Mailing Telephone: NOTE: In addition to the above please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Authorized Representative: '~L,J,~Cy ~d~d~,~ for~Owner, 0r ( )Other: Address: Telephone: q (~ ~- ~ ~'b '~ Please check box to specify who you wish correspondence to be mailed to, from the above names: '[3 Applicant/Owner(s) 7Authorized Representative El Other Name/Address: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED FOR: uilding Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy D Change of Use [3 Permit for As-Built Construction [3Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code. Article )<.~,-']~L Section 280- I oQ ~ Subsection Type of Appeal. An Appeal is made for: ~ 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~as [] has not been made with respect to this property UNDER Appeal No. Year a~t~9~. (Please be sure to research before completing this question or call our office to assist you.). REASONS FOR APPEAL (additional sheets maF be used with preparer's signature): .4REA VARIANCE REzI$ONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: benefit sought by 'the appllcaut CANNOT be achieved by some method feasible for the app~t to pursue, othe~+~han an area variance, because: (3) The amount of relief requested is not substantial because: (4) The varianekill NOT have an adverse effect or impact on the physical or environmental condition~ in the~ neighborhood or district because: '[5) Has the alleged difficulty begn selYacreated? ( )Yes, or ~o. Are there Covenants and Restrictions concerning this land: /~o. 13 Yes (vlease furnish COHU]. 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 V,~RL4NCE IS BEING REQUESTED, ,4ND PLEdSE COMPLETE THE dTTdCHED USE V.4PJ. dNCE SHEET: Sl ~_~n~ ~ ~ (Please be s nsult your ey.) g ure of ~i~pellant or~uthorized Agent (Agent must subntWwrinen Authorization from Owner) Sworn to before me this ~'~ ~ rl+ Notary Public CONNIE D. BUNCH Nota~..Public.~tate of .N_e~ York ~o. OII~U618505u qua!ifi~ in S~folk Count'/ · c;omrntss~on ,':xpires April 14, 20 ] JUL -, 009 QUESTIONNAIRE FOR FII,ING WITH YOUR Z.B.A. APPLICATION Bo Do Is the su~eet.premises listed on the real 13 Yes ,~o .' estate market for sale? Are the~,a_n._.y prOposals to change or alter land contours? 13 No /~res, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses7 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 ar pond areas, have you contacted the office of the Town Trustees for its deterrmnation of jurisdiction? Please eonf~rm 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? ~r']O~. (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? /70 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 coq)wner 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 t"-~ ~ ~'~,-{:.~_ and proposed use f~ E>~4~_~.(._. (ex, a~ples: existing: single-family; proposed: same with garage or pool, or other description.) 2/05; 1/07 Applicant: ~/~)~¢ V~-~ APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Date Prepared: I. For Demolition of Existing Building Areas Please describe areas being removed: ~.~ II. New Construction Areas (New Dwelling or New Additions/Extensions):/ Dimensions of first floor extcnsion: ~'/-/0 ' p~ /750'~ ~-,~ Dimensions of new second floor: //on e-- Dimensions offloor above second level: /~ Height (fi.om finished ground to top of ridge): /~ ':-/O" Is basement or lowest floor area being conslructed? If yes, please pro,de hcght (above ~xoand) measured fi.om natural existing grade to first floor: / ~- ~ IlL Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet ifnccc,~ary) - Please describe building areas: Thereof Floors and General Charyteris.tics BEFORE Alterations: o. ormoorsano~nangesWITHAlteratiffns: / ~ )Iz~bl ,~)i ~I~ ~_~ 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: Percentage of coverage of your lot by building area: ~_~PurposeofNe.wConstructio.n: WI/? ,Yle/e?~ Cgffl~vtl't.fi ~.q VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates .to the difficultX 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 J L 2009 IP~OJECT I.D. NUMEER 617.20 ~lx C State ~vlmnmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only .PART I--PROJECT INFORMA~ON ~o be completed by Applicant at ~oject . ~PPU~T~N~R -- ' ~ I 2. ~ NAME 3. P~E~o~ U ~ ~ ~ ~ . SEQR PROPOSED ACTIOI~ 7. AMOUNT OF  ~ No If NO. ~ ~f~ o. W~AT is F.ESENT L~D U~E iN w.r~ o~ ~C~ECT? [] Agfl~uitum 10. DOES AG'I1ON INVOLVE A PE~4IT AI~F~VAL. O~ FUNDINO, NON O~ U~.I~UATELY FROM ANY OT'dE~ GOVEI~MENTAL AGEN~ ~ ~ ~o If ~. I~t ~z) I~ ~ 11, DOE~ ANY A~=~? OF THE AC~ION HAVE A CURRENTI-Y VAUD I~=flMIT (~ API~ROVAL? r~yim ~ If y~ II~t IgM~y I~lm~ a~d pMI~II~Q~I'OV~ 12. A~ A FIE~ULT ~F?ROPO~-.D AGTION Will E3~'INa PE~M~U)PROVAL REQUIRE MODIFICATION? i c~FY THAT THE INr-(~MATK3N F~OWDED ~OVE IS T~E TO THE lEST ,~L - a ° r If the action Is in the Coastal Area, and you are a stats agency, complete the Coastal Assessment Form before pre~eding with this assessment OVER AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD JUL 1 4 2O09 WHEN TO USE THIS FORM: The form must be completed by the applicant for any special use permit, site plan approval, use variance, or subdivision approval on property within an agricultural district OR within 500feet of a farm operation located in agriculturol district. All applications requiring an agricultural data statement must be referred to the Suffoll~ County Department of Planning in accordance wltk Sections 239- m and 239-n of the General Municipal Law. 2) Address of Applicant: ~'O ~2~k~c ~ ~o~ ~o'~o~ . 3) Name of Land Owner (if oth~an~Prlicant): l~rrm~; ~.-~ -~rr~. 4)AddressofLandOwner: 7' I£rrte~._-- ~-~re{-~-~ , ~r~ /,.J~.c-k- //,-))/ 6) Location ofProporty (road and tax map number): qT~; //3~"_) 7~ ~. 7) Is the parcel within an agricultural distrct?/[~qo I'-lYes If yes, Agricultural District Nmber 8) Is this parcel actively farmed?/~No 9) Name and address of any owner(s) of land within the agricultural district containing active farm operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through the Town Assessors Office, Town Hall location (765-1937) or from any public computer at the Town Hall locations by viewing the parcel numbers on the Town of Southold Real Property Tax System. Name and Address (Please use back side of page if more than six property owners are identified.) The lot numbers may be obtained, in advance, when requested from either the Office of the Planning Board at S~gnat~ of Appl~ant Date Note: t. The local board will solicit comments from tim owners of land idgntifi~l above in order to ~nsider the effect of thc proposed action on their farm oigration. Solicitation will be made by supplying a copy of this stste~ne~lt. 2. Comments retur~d to the local hoard will be taken into consid~ation as part oftbe overall review of this application. 3. Copios of thc complegd Agricaitutal Data Statement shall b~ sent by applicant and/or rig clerk of the board to the propofly owners idantified asove. The cost for mailing shall be paid by the applicmt at the time the application is submitted for review. Failure to pay at such time means the application is not complete and cannot be acted upon by tbe board. S*CnoN t mSCLOStrr ~e To~ of Southold's Code of E~ics prohibits conflicts of inmrest on the p~ of To~ officers and cmployees~ ~e pu~ose of tbs fo~ is to pro,de info~ation, which can ale~ ~e To~ of possible conflicm of intgest and allow it to take whatever action is necess~ to avoid same. o~ enti~, e i ou are applying in ~e name of someon~ else or such as a comply. If so, indicate the O~er p~son or company name.) NA~ 0F ~PLICATION: (Check ali that apply.) V~i~ce Special Exception - *O~er Approval or Exemption ~om plat or official map C~ge of~ne -- Tax ~ev~ce *If"O~er' name the actih~: .... Do you personally (or ~ough your company, spouse, sibling, parent, or child) have a relationship ~th ~y officer or employee,~f ~e To~ of S~,~thold? "Relationship" ~mh~a~ or business interest. '~usiness int~t mea ' ~h~. m which the To~ ....... ~ ~ a business, ~nc udm a emplo~ent ~which the To~ ~--, uwnersm ct or NO If you answered "YE~% complete the balance of th~ form and date and sign Where indicated Name of person employed by the To~ of Southold: Title or position of that person: Deschbe that relationship be~een yOurself (the applicant, agent or con~act vendee) ~d the To~ officer or employee. Either check the appropriate line A ~ough D ~elow) ancot deschbe ~e relationship in the ~ace prohded. ~e To~ offic~ or employee or his or her, s~use, sibl~g, parent, or child is fcheck all ~at apply): _ A) ~e O~er of ~eater th~ 5% of~e shares of~e co~orate stock of~e applic~l (whm ~e applic~t is a co~omOdn); ~ B) ~e legal or beneficial O~er of~y inter~t m a nonmo~orate enti¢ (when ~e applic~t is not a co~omfion); ~ C) ~ officer, director, pa~, or employee of ~e applic~t; or D) ~e ac~al applicant. DESCRIPTION OF RELATIONSHIP Submitted this ? day ~.~ ~ Signature: ~" ~ ~ Pnnt Name _~~ TOWN OF SOUTHOLD PROPERTY RECORD CARD IV/-/~' ~ORMER OWNER im II~nr/~ ~ N~ ~ ~ ,~ ~ 'E :~'~ ~.~,~la ~1~ S Wm ~PE OF BUILDING RES. ~J0 S~S. VL. FARM COMM. CB. MISC. Mkt. Volue LAND IMP. TOTAL DATE REMARKS,-~CJ~~Y~?, .... ;'~'"::' , ' AGE BUILDING CONDITION &/~/ 65'L FARM A~re V=lue Per Wlue Tillable 2 Tillable 3 : Woodland /: i/O~ Swampland FRONTAGE ON WA~R Brushland FRONTAGE ON ROAD ~-~--~ / '~ .... ~..~.. House Plot DEPTH ~ U ..... ~ ~ BULKH~D · ot~l DOCK JUL - 9 2009 FLINT STREET P~T OF LOT 57 ~ ~.-~ 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 aJc Expiration , 20 PERMIT NO. BUILDING PERMIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health 4 sets of Building PimPs Planning Board approval Survey Check Septic Form , N.Y.S.D.E.C. Trustees Flood Permit Storm-Water Assessment Form Contact: · Ill hisa · pp ' fic~'ll~8~ be complctel Building Inspector CATION FOR BUILDING pERMIT Date. d{d/TA~ Oq~ . ,200~ INSTRUCTIONS tilled in by typewriter or in ink end submitted to the Bulldirlg Inspector with 4 sets of plan ~rdiag to schedule. b. Plot plan showing location of lot end of buildings on. premises, relationship to adjoining premises or public s~eets or areas, end WaterWays. c. The work covered by this application may not be commenced before issuance of Bulldin~ Permit. d. Upon approval of this appticafion; 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 0~ USed in whole or ia part for any purpose what SO ever until the Buildin~ 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, anew permit shall be required. APPLICAIION 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, end other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises end 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, enginear; general contractor, electrician; plumber or builder Name of owner of premises }.--Of~-& ~ K_~ (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. Plumbers License No. Electricians License No. Other Trade's License No. 1. LocaJ~ion of band on v~hich propo~s,~l work_w, ill be c~one: Hous~ Nm~er - S~e{ ~ ' - ' Coun~ T~ Map No. 1000 Section. ~ Block Subdivision Filed Map No. Hamlet Lot Lot 2. State existing use and occupancy of promises and intends41 use and occupancy of proposed ~onstmcfion: a. Existing use and occupancy ~,l,q~lt -~fl/l, ltt~ f'~.~lc~e_.~ ~J/~2~--- - b. Intended use and occupancy 3. Nature of work (check which applicable): New Building. Repair Removal Demolition 4. Estimated Cost ~l, 0lifo Fee 5. If dwelling, number of dwelling units if garage, number of cars Addition Alteration ~ Other Work (Description) (To be paid on filing this application) Number of dwelling units on each floor 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing stru0tures, if any: Front /~, r_ ~ Rear of Stories Height /~/-~" ~/,/~ Number Dimensions of same structure with alterations or additions: Front Depth ~$' ~'c/0//?-'~ * Height C3~'" Number bf Stories 8. Dimensions of entire new construction: Front / 7 ~' g7 '~ Rear / Height /~'-/0".~/~- Number of Stories / 10. Date of Purchase ~:~0'0~ · 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 m-graded? YES NO ~ Will excess fill be removed from premises? YES 14. Names glO .w~.er ofgremises~trra, t~x ~a~r~..- Address .~ftz,r-.Pa('] Phone No. NameofArchitect ~}~t~ ~r/~"k,I Address~6~~PhoneNo Name of Contractor ?. ~3,~- Address Phone No. 15 a. Is'this property within 100 feet of a tidal Wetland or a freshwater wetland? *YES NO ,~ * iv ,/Es, SOVT O[D & D. .C.'P£R TS MAY g,gEQtngED. 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, ~tion plan and distances to property lines. 17. If elevation at any point ~n property is at 10 feet or below must provide topographical data on survey. 18. Are there any cpyenants and, restrictions with respect to this property? * YES NO X · IF YES, PROVIDE A COPY. STATE OF NEW YORK) CONNIE D: BuNcH SS: . COUNTY OF ) .. 0ualified in Suff0ik C0untv. ~ cf, fi' being uommission Expires April 14,'~Y0.~ d ty swor deposes and that (s)h is the appn t (Name of ihdividual sfgning contrac0 above named, (S)He is the (Contractor, A~gent, Corporate Offiieer, 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 to before me this ~ 20 ~. ~'~ ~'~O----~CY~ ~ ~ day of c:~ ~ No~ ~bHc 6/Si~L~}of A~lic(~t ' 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 Expiation 20__ PERMIT NO. BUILDING PERMIT 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 Cnntaet: Phone: ~i~ ~._~ [~ ~ ~/~? Building Inspector INSTRU TI Date ~,~d~J. ~ ,20. coNs a. This application MUST be completely filled in by typowr~ter or in ink and submitted to the Building Inspector with 4 sets of plans, ac~urat~ 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 issuanco of Building Permit. d. Upon approval of this application, the Building Inspector will issu~ a Building P~nit to the applicant. Such a permit shall be kept on the pr~nises available for inspeclion 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 Inspoctor issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenc,~d within 12 months ~ the date of issuance or has not been completed w/thin 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. Thereal~er, 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 conslruction of buildings, adclitions, 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 (S'gnadge of al/~cant or name, if a corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, eleclrician, plumber or builder Name of owner of premises A ~f'Fe~ t'~ ~:L~X'~._~ (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. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of l~and on which prooosed work will be done' 7 Hou~ N~ S~ -- H~let County Tax Map No. 1000 Section ~7/ °C Block ~ Subdivision Filed Map No. Lot Lot 2. State existing use and occupancy of premises and inteq~ usp and occupancy'of propos0d a. Existing use and occupancy ~,~_~Lt_ ~6{~ ~'~'~1c~C4~ /A,~ c~ b. Intended use and occupancy ¢I~{L ~1~ 3. Nature of work (check which applicable): New Building. Repair Removal Demolition Estimated Cost ~/~ t9270 If dwelling, number of dwelling units If garage, number of cars Addition Alteration Other Work Fee (Description). (To be paid on filing this application) Number of dwelling unitson each floor If business, commercial or mixed occupancy, specify nature and extent of each type of use. Dimensions ofexis~ti,n, g stnlctures, if any: Front /~. ~ ' Rear Height o9o~ ~?_ Numl~r of Stories / Dimensions of same structure with alterations or additions: Front Depth o?q. E / Height ,:,?oq ' ~ S. Dimensions of entire nfiw ce~n)Wuction: Front / ~' g' Rear Height ~ ~ ~- Numar of ~odes / 9. Si~ of lot: Front ~ / / 10. Da~ of~h~e ~ ~O~ Nme ofFomer Om~ ~Dapth cOO, 3- Number of Stodes Depth 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES y NO__ re-graded? YES__ NO__~Will excess fill be removed fi:om premises? YES__ 13. Will lot 14. Names of Owner of premises [~rra~/~ra_Addres~ Phone No. Name of Architect et/.4 D~_44'~-~Ede-/ Address. Phone No Name of Contxaetor 77. t~. t>. Address .Phone No NO 15 a. Is this property within 100 feet of a tidal wetland or a f~shwater wetland? *YES NO ~- * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERM/TS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES__ NO '~ * IF YES, D.E.C. PERM1TS 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) SS: COUNTY OF ) ~d:b~ ~.~ ~c/c~/~-~ being daty sworn, deposes and says that (s)he is the applicant (Name of individual signifig contract) above n~m~d, (S)He is the 7~ ~ ~_.4,~ (Contractor, Mgent, 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 ail statements contained in this application are tree to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this t?~ dayof Notary Public TOWN OF SOUTHOLD PROPERTY RECORD CARD - ~O~ER OWNER N E [,/ AC~ v / ~r~n~ ~ . ~,~l& ~1~ S W J ~PEOF BUILDING R~. ~0 S~. ~ FA~ CffiM. CB. MISC. Mkt. Value ...... /0 ~o1,~1~ ~- N~ NOeL BELOW ABOVE FA~ Acm V:lue Pe~ Value Tillable 2 Tillable W~la~ ~a~d FRO~AGE ON'WA~R ~hland FRONTAGE ON ROAD H~ PI~ DE~H ~-~ ~ ~ BULKH~D Total 48.-2-19 10/04 · j ~ '~t;~ .,f~'~ Bath Dinette M. Bldg. ,_~ ¢'j~ l~ :: .¢- ,/ ..... ~-~J4 > ~ O ~ Foundation ~tension 7~,~" ~ ~-~ ,~ ~ ~ Basement_ Extension ~ ' ~ " ~J~ _ - Extension ,.- Fire Piece ~,,],/) Heat '~ ~ :~. DR, Porch ~k~; L20 [ .......... Recreation Room Rooms 2nd Floor FIN. Porch ( ~m4'x, I IO~ Dormer Breezeway Driveway Garage Patio Total '~ -.~ .... ~, ~' Lydia A. To~'~*a V'recent Odando James Diniz[o, J'~ BOARD OF APPIgAL8 TOWN OF ~OU'I~OLD FINDINC~, DELIBERATION8 AND D~.l I=RMINATION ~ OF FEBRUARY f2, 2004 P~,OPERTY FACTS/DE. SCpJPTiON. The applicanFs l~operl~, shown ~ an ama of 4 500 ~th45'ft. ' " ffie .-; . , . , , sq. ft. 90 ff.' · of frontage along Seventh Slreet and 100:ft. fr~la~e along the south side of Flint Street. ~;~~: ANcle II, Se~on 10026, based on the Building Inspecinr's December ~2, __2~3_.' ~.~.of___D?sappmvaf, for the reason that ~e sub]est lot merged with an lot east. M ~q~2-19 due lo ~ . _ adjacent to -.. '~! · c¢n., ~a:m ownemhlp for a odor '/rU~s nt~ r~.+,~ ~...~ ......... · L. · . _ . . pen lfrne m~r July 1, 1983 It or.wou~qu~gy~r o~e: ~e BU~d~Depar~stetes~tat~ughthesut~ect~tisca-renUy 94000 scl: [ and iS ~nproved wfth a dwelling: - r ......... = .-,.. REASONS FOI~BOARD ADTION. DE$CRIBF. D BELOW: Based on ~e testimony presented, -~;mial~ ~Jbrnlffedand pemonal:lnspe~Oon, the Board makes the fo{lowing findings: 1. The November 7, 2003, title search, prepared by South Bay Abstract, Inc., indicates that CTM 48-z-4o was ~=. ~Wi/leTS to. Frank /~ F~e~, and to Frank A~ Field Ready Inc. 'on 3/i7/q984; 'l[he a~ 'jacant housepercel, 48-2-19 was also transferred 12/12/1977 to Frank A. F~d, and ~o Frank;A.F~ R~ly,Inc. on 3/17/1984. · 2. The tilde search also ¢or~irmed, lhat Frank A. Field Really owned each lot and con~eyed the I°ts to Ges~e Freeman on'2/10/1987 and 7/15/1987. Freeman conlinued ownership of each of the two par~s: ur~t.'~:~i~4h~4, vVne~ CWa 40. was transt'emed to the pmvfous owner, Frank A. Retd. Reatty~ Inc. The aPPlicants, Danle! and 'rlna Rnne, are the current ownem, having acquired the. Offic~ Location: Town Annex/F'u'st Floor, North Fo& Bank 54375 Main Road (at Youngs Avcam~) Southold, 1~/119'71 htlp://$ou thotdlown.nor~h fork.net BOARD OF APPEALS ' TOWN OF SOUTHOLD TeL (631) 765-1809 Fax (631) 765-9064 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 FINDINGS, DELIBERATIONS AND DI= ~ I=RMINATION MEETING OF DECEMBER 1, 2005 SEQRA DETERMINATION: The Zoning Board of .~opeals has viseed the properb, under consideration in this a~'mef, k)n and d~ ~ this review faits tm¢~' the Type It category of the State's List of Actions, w'r[hout an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTC~fDESCRIPTION: The applicant's 2,470 square foot parcel has 45.07 feet along '~ Street fn Greenpod, and is improved with a singfa--skxy frame ballo"~ng (non-habitable dwelling prior to as-built constnJcflon), shown on the November 19, 2003 survey prepared by Pal T. Seccafico and September 9. 2005 as-built elevation diagram prepemd by Robert J. Higgins, Architect. BASIS OF ApPLICATION: Building Departmant's August 24, 2005 Notice of Disapproval, amended September '13, 2005, citing Sections 100-230 and 100-244 in its denial of an application for a building permit for as-bu~ alterations and coosltucltoo. 'lhe reason stated by the Building Inspector in the denial of the application for a building permit is that the non-habitable stoJcture contains as-built additions and new alterations which require a front yard setback of 22.6 feet after taking an average setback of ex'isling buildings within 300 feet on the same side of the street. ADDITIONAL RELIEF: The Zoning Board of Appeals has noticed this application under Chapter 58 for additional zoning code relief under Section 100-244, involving total lot coverage exceeding the 20% Gode limitation, and for habitable area containing less then the c~de-required minimum 850 square feet, after as- built renovations, altaralions, and deck enlargement. FINDIN(~S OF FACT The Zoning Board of A, opeals held a public haaring on 0~is application on November 17, 2005 at which time written and omi evidence were presented. Based upcm all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be tree and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant wishes to obtain variance relief for as-built conslyuction with e satt~ck at lass than 35 feet frorn the front let line (lass than the average 22.$ fl. setback of other honms within 300 feet on the same side of the street) and for lot coverage al 23%, or 568 square feet (ref. John MetT_.ger letter dated October 24, 2005. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: ZB Files 5787 and 5801 as Amended - Simon Caudulto Property Lasation: 970 Seventh Street, Greertport CTM 48-2-19 (part of Lot 57, Greanpert Ddving Park) Page 2 - December 1. 2005 ZB File Ref. 5787 and 5801 - S. Caudullo CTM 48-2-19 1. Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The as-buJR construction included an increased deck size and new alterations within the existing building for a singie-fam~ dwelling, from Ihe fom3er 335 square feet of non-habitable floor area (ref. PresxJsflng Certificate of Occupancy #Z-30069 dated 3/8/2004). It is necessary fo increase the lot coverage for livable floor area as a minimum. The one-slory building has existed for more than 60 years wilfl tess than 5~O square feet of floer area and exceeding the code's limitation of 20% lot coverage. 2. The benefit sought by the applicant canno! be achieved by some method, feasible for the applicant to pursue, other than an area variance. The property is 2,470 square feet in size, having a width of only 45.07 feet and depth of 54.81 feet, which limits the size fm a dwelfing. If the home were enlarged to meet the oode's 850 sq. It. minimum requirement for a single-family dwelling, the lof coverage would increase to 35% or more. Adjacent homes are of comparable size to the existing, es-built construction requested in this application. 3. No evidence has been submitted to suggest that a variance in this residential community yell have an adveme impact on the physical or environmental conditions in the neighborhood. The neighborhood consists of homes that are comparable in size and with similar nonconfomling setbacks. 4. Grant of the requested relief is the minimum action neces___sary and adequate to emable the applicant to enjoy the benefit of an addition and alterations, while preselling and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In co~sidedng all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Simon, seconded by Member Dinizlo, and duly carried, to GRANT the variances as applied for, as shown on the November t9. 2003 survey prepared by Pat T. Seccafico, October 24, 2005 letter ce~ lot coverage at 23% by John Me~ger, and September 9, 2005 es-built elevation diagram pmpered by Robart J. I-ti~n~, Archit~t. This action does not authorize or condone any current er future use, setback ar other feature of the subject prppedy that may violate the Zoning Code, other than such uses, se~acks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Otive (Chain~oman), Orlando, Goehdnger, Dinizio, and Simon. This Ruth D. Olive, Chairwoman 1/..~,j~06 Approved for Filing 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: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: July 17, 2009 RE: Zoning Appeal No 6324 Transmitted herewith is Zoning Appeals No 6324 Lorraine Parra- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Questionnaire, Applicant's Project Description, Short Environmental Assessment Form, Agricultural Data Statement Dated 7/14/09, Transactional Disclosure Dated July 9, 2009, Notice of Disapproval Dated July 8, 2009, Property Record Card (2 Pages), Findings, Deliberations and Determination Meeting Date February 12, 2004, Findings, Deliberations and Determination Meeting of December 1, 2005, 2 Pages of Pictures, Copy of Survey Dated November 19th, 2003, Copy of Survey Dated June 18, 2009, Copy of Map Showing Setbacks Dated June 18th 2009, Copy of Tax Map, Proposed Alterations Drawings Dated 6/18/2009 (5 pages). Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 07/17/09 Transaction(s): 1 1 * * * RECEIPT * * * Application Fees Receipt"8: 55131 Reference Subtotal 6324 $150.00 Check#: 1159 Total Paid: $150.00 Name: Dwyer, Nancy A 273 N Country Rd Miller Place, NY 11764 Clerk ID: CAROLH Internal ID: 6324 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 July 17, 2009 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 #6324 Owner/Parra, Lorraine Action Requested: Within 500 feet of: Additions & alterations creating new habitable space. (X) State or County Road ( ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Gerar/~. Goe~ing,,e~ ZB/~,l~irma,~/ (x /(~A/ ~ONING BOARD OF APPEALS ~ ~ ~l 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 October 1,2009 Re: Town Code Chapter 55 - Public Notices for Thursday, October 29, 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 October 12th: 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_JI owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailinq address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arranqements were made in either a written statement, or durinq the hearinq, providin.q the returned letter to us as soon as possible; AND not later than October 13th: Please either mail or deliver to our office your Affidavit of Mailinq (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 envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later October 21st: 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 October 27, 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. 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 SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, OCTOBER 29, 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, OCTOBER 29, 2009: 10:15 A.M. LORRAINE PARRA # 6324. Requests for Variances under Section 280-124 based on the Building Inspector's July 6, 2009 Notice of Disapproval which states that the new addition/alteration (to the existing single family dwelling) will be less than the code- required minimum of 35 feet and will exceed the maximum lot coverage of 20%, after creating new habitable floor space on this +/- 2,475 square foot lot, at 970 Seventh Street, Greenport; CTM 1000-48-2-19. 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 priorto the day of the hearing. If you have questions, please do not hesitate to contact our office at (831) 765-1809, or by email: Linda. Kowalski@Town. Southold.ny.us. Dated: October 5, 2009. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 NOTIC OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME'. PARRA, LORRAINE # 6324 MAP #: 48-2-19 VARIANCES: SETBACKS & LOT COVERAGE REQUEST: ADDITION WITH DECK MODIF. DATE: THURS, OCT 29th 2009 10:15 AM If you ar.e interested in this pro!ect, you may review the file(s) prior to the heanng dunng normal bus~ness days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 C"~ ~'*i ~ ¢¢' #9494 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) t 0CI 2 0 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 15th day of October, 2009. Principal Clerk Sworn to before me this day of 2009. - NOfA~Y pUBLIC-STAT~ OF NEW YO~K NO. 01.V06105050 4' o~f ed In Suffolk County LEGAL NOTICE SOUTHOLD TOWN ZONING BOA'RD OF APPEALS THURSDAY, OCTOBER 29, 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 bear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, 53095 Main Road, EO. Box 1179, South#Id, New York 119714)959, on 9'.40 A.M. BABS CORP. # 6284 (car- ryover from 6/25 and 8/27 for mom in- formation). Property Location: 13105 Main Road, Mattimck; CTM 140-3-39~ 9'.50 A.M. KEVIN and BETrY ANN MORRIS ~6328. Request for a Vari~ ance under Scctinn 280-124 based on the Building Inspector's May 27, 2009 lice of Disapproval concerning additions and alteratio~s (to the existing single~ family dwelling) which will be less than the code-required minimum setback of 10 feet on a single sid~ yard, at 435 Oak $~rect, Cmchoguc; CYM 136-1-27. 10..00 A.M. KATHRYN FARRAND. MO#NEY # 6325. Request for a Vari- ance under Section 280-122A and ZBA Zoning Interpretation # 5039, based on the Building Inspector's July 9, 2009 No- tice of Disapproval concerning an appli- cation for a building permit to construct renovations and additions to the existing dwelling, for the reasons that the new construction will create .a new noncon- formance with regarding to a single side yard at less than 15 feet, and total side yards at less than 35 feet. (Note:This lot appears to be between 20,000 and 30,000 · square feet after deleting the land below the bluff or bank of Little Peconic Bay.) Location of Property: 1769 Smith Road, IO'A~ A~L LORRAINE PARRA # 6324. Requests for Variances under Section 280-124 based on the Building Inspector's July 8, 2009 Notice of Dis- approval which states that the new ad- dition/alteration (to the existing single family dwelling) will be less than the code-required minimum of 35 feet and will exceed the maximum lot coverage of 20%., after creating new habitable floor space on this +/- 2,475 square foot lot, at 970 Seventh Street, Greenport; CTM 100048-2-19. 10'30 A~L JON and JENNIFER SHIPMAN #6327. Request for a Vari- ance under Section 280-124 based on the Building Inspector's June 17, 2009 Notice of Disapproval concerning an ad- ~lition to the existing single-family dwell- mg with a front yard setbeek at less than the code-required 50 feet, at 4745 Elijahs Lane, Mattituck; CFM 1000-100-4-11. 10-.45 A.M. STEVE and OLGA TENEDIOS g 6323. Location of Prop- erty: 17327 Main Road (private right-of- way), Lot 6 on a Map of Brionn Gl#id By the Sea, East Marion; CFM I000-23-1- 14.10 adjacent to the Long Island Sound· Requested are Variances under Sections 280-15(C and F), based on a building permit application and the Building In- spector's Notice of Disapproval dated July 7, 2009 concerning the following proposed new construction: A) The proposed garage with pergola structure is not permitted: 1) with a setback less than 55 feet from the front yard line along the right- of-way; 2) in a side yard when a front yard or rear yard location is code-required on a waterfront parcel; , 3) with a size that exceeds the code limitation of 750 square feet; B) The proposed accessory pool building is not permitted: I) with a size that exceeds the code limitation of 750 square feet; 2) with dormer proposed in excess of the code limitation of 40% of roof width; C) The proposed swimming pool · is not permitted in a side yard when a front yard or rear yard loe~tinn is code- required. IL'05 A.M. CHRIS MESKOURIS # 6326· Request for Variances under Sec- tion 280-124 based on the Building In- spector's revised July 16, 2009 Notice of Disapproval concerning a new pergola and new patio (after removal of deck) with a setback at less than 10 feet on a single side yard, less than 25 feet on to- tal side yards, and exceeding the code limitation of 20% lot coverage on this 6,045 square feet lot (measured from the Coastal Erosion Line), at 1400 Sound Beach Drive, Mattituck adjacent to Long Island Sound; CFM 1000-106-1-35.L 11'.25 A.M. Appeal # 6316 by LOUIS and LUBA CORSO, 13451 Oregon Road, Cutchogue, appealing Bulldih~ Permit #34590 dated 4/8/09 and CO # Z-33674 dated 4/27/09 concerning an as-built agricultural hoop house for st#r- age on property owned by TIMOTHY AND JEANNE STEELE at 13795 Or- egon Road, Cutchogue; CTM 1000-83- 12:00 P.M. BARBARA SHINN g 6308 (Hearing reopened as per Board Resolution). Request for Variances from Town Code Chapter 277, Section 277- 3B(I), based on the Building Inspector's ~pril 8, 2009 Notice of Disapproval stat- ing that the proposed wind turbine is not meeting the code requirement for a minin~um distance from a property line, total height of the small wind en- ergy system plus 10 feet, except that it shall be set back at least 300 feet from a property line borderingan existing resi- ~lential structure. The proposed location Is shown 136.5 feet measured easterly to other land identified as CTM 1000- 100-44; zero feet from the applicant's agricultural land along the west, and +/- I8 feet from the applicant's agricuI tural land south of the wind turbine. The applicant's properties are shown with an area of 1.2 acres, or 22.49 acres with both the applicant's single-family ~lwell- lng and agricultural lands. Location of Property: 2000 Oregon Road, Matlltuck; CTM 1000-100-4-part of 3 (now 3.1 and 3.2) and 1000-100-44. The Board of Appeals will hear all perzons, 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 h~aring will not start earlier than designated above. Files are available for review dtlring regular business hours and prior to the day of the bearing~ If you have questions, please do no hes tam t~cohtact our office at (631) 765-1809, or by e-mail: Linda. Kowaiski@Town. Southold.ny. ux Dated: October 6, 2009. ZONING BOARD OF APPEALS GERARD R GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) EO. Box 1179 South#Id, NY 11971 0959 9494 1T 10/15 ZONING BOARD OF APPEALS -TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of (Name of' Appli ..cant) AFFIDAVIT · OF SIGN POSTING Regarding Posting of Sign upon Applicant's Land Identified as ooo- COUNTY OF SUFFOLK) STATE OF NEW YORIO · 1, ~..~Li~6c] '~Zf' residingat ~-~ ~-~" /~z.4,'/~ ~: ~" -' '~¢t)oC'/t.~ ld/ ', New York, being duly sworn, depose and say' that: On the 0~o~ day of 6~; ,200 , I personally placed the Town's official Poster, with the date of headng and nature of my applipation '. '.ho.ted 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 re, m.ained~ic?i~lace for s.e~.e~n days prior to the date of the subject hearing date, w1~J3~earjf3g date w~ s'~low~ to be Sworn to before m,~ this day of 0~'200'~ (Notary Public) CONNIE D BUNCH Notmy Public, State of New Yo~ No. 01BU6185050 Qualified n Suffolk County Commiss on Expires April 14, *near the entrance or. driveway entrance of my properly, as tl~e area most visible to passersby. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK -X In the Matter of the Application of (Name of Appli.ca, nts) CTM Parcel #1000- ~o~ - ~ - /'~ AFFIDAVIT OF MAILINGS couNTY OF SUFFOLK) STATE OF NEW YORK) New York, being duly sworn, depose and say that: On the I O' day of ~' 3L- ,200'~ I personally mailed at the United States Post Office in ~-~o~ Ih . New York, by CERTIFIED MAIL., RETURN RECEIPT REQUESTEB, a true copy of the attached Legal Notice in prepaid, envelopes addressed to current owners shown ..on the current assessment.roll verified frbm the official records on file with the,/{~Asses'sors 'or ( ) County Real Property Office , for every .property which abuts and is across a public or private street, or vehicular right-of-. way °f fac°rd' surr°unding the applic~pertY'/I~'. //~(na~'-~e) (-J Sworn to before me this ~)~'w¢~ day of O~ ,200 ~ (Notary Public) CONNIE D. BUNCh Nota~J Public.State of New York No. 01BU6185050 Qualified in Suffo k County _ ~nmmission Expires AI)ril ]4 20<~/' · PLEASE list, on the back of this Affidavit or on a sheet of paper, the et numbers next to the owner names and addresses for 'which notices were mailed. Thank you. : ~mpleteltems 1,2, and 3. Also complete ~ifem 4 If Restricted Delivery Is desired. Print your name and address on the reveme so that we can return the card to you. · Attach this card to the back of the mailplece, or on the front If space permits. 1. A~ticleAdd~ to: [] ~gent [] Addressee C. Date of Delivenj 3. Sewice Type ~/,~.~ed Express Mail Mall [] r'l Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Reetrfcted Delivef~? (Extra Fee) [] Yes 2. Article Number 7009 0820 0001 7818 0449 Form 3811, r-eb~ary 2004 Domestic Return Receipt 102595-024a-1540 · Complete items 1,2, and 3. Also complete item 4 If Restricted Delivery is desired. · Print your name and address on the reveme so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. ArticleAddressed to: x l-ra ° [] Addressee D. Is delivay address different from ~ 1 ? 0 Y~ If YES, enter delive~ add~s below: D No 3. Sen/ice Type ~,~.e_ rt,led Express Mail Mail [] [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivel,j? ~ Fee) [] Yes 7009 0820 0001 7818 0463 PS Form 3811, February 2004 Domeet~c Retum Receipt 102595-02-M-1540 Town Annex/F'~t Floor, North Fork Bank 54375 Main Road (at Youags Aveaue) Southold, NY 11971 http'ff/southoldtown.nor th fork. net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 53095 Main Road P.O. Box 1179 $outhold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET TO: /~j~.~j~ ~)c~/~--~r~- Fax# / / TOTAL NO. OF PAGES INCLUDING CO~ Da~ ~ [~ 0 ~ ~ SENDERS ~PHONE NUMBE~ 765-1809 ~s 1 at v~ice ~m~) [] URGENT [] FOR YOUR UPDATE [] PLEASE COMMENT [] AS REQUESTED [] NOT~&'COMkcr4 ~ S: Please find attached copy/copies of the follo~. Sender's Initials: N FLINT S TR££ T ~000-.48-02. ~9 MAP SHO WING SETBACKS A T GREENPOR T TO WN .OF SOUTHOLD SUFFOLK COUNTY, N Y. 1000-48-02-19 SCALE: 1"--50' June 18~ 2009 l INN£T S TREE T A VERA GE =/8.6' JUL - 9 2009 SETBACKS 1'6'31) 7'65 - 502C P. C'. B(.'~,~: 909 . 12L~£',? Tf'i',4 VELEt~ ,5'TRb-E'T $OC"TH.t:;'LD, N.Y. 11971 175i 7 r P/o LOT 57 LOT 58 PUNT PARALLEL Va'TH FLINT STREET - '0 P/O NO. 3e5 LOT 55.0(: PARALLEL WITH FL/NT STREET LOT ,56 I I LM: ~,JR~Y VIEW:, Barrett, Bonacci 8, Van Weele, P.C. CIVIL £NGINEERS/~Jfl V £ YOR~ NNE RS LAWYERS T~TLE ,INSURANCE CORPORATION BANK OF' AM£RfCA, N.A. LO/~AIN~ PARRA DR. J0D CH. WJg SCALE: 1' . 20' BEV. PC. DI~T. 1000 SEC. 4El UNAU~O~ZED ALTERA? ADDiTiON TO THiS DDPIE$ OF R4t$ SU~Y b t~ALL NOT eE C~DE ~ NO.: ~06105B eLK. ST, NOTICE