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Home My WebLink About6244 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold. NY 11971 0959 http://southoldtown.northlork.net BOARD OF APPEALS ._ .._RECEIVED. ~ TOWN OF SOUTHOLD ~ 8. ~ q Tel. (631) 765-1809 Fax (631) 765-9064 ~,,,- ~ ~?1 ~', q! 2,-]9;" FINDINGS, DELIBERATIONS AND DETERMIIX~OId Town Clerk MEETING OF MARCH 5, 2009 ZBA # 6244 - TIMOTHY WOOD and MIRA DOUGHERTY-JOHNSON Location of Property: 340 Locust Lane (and Korn Road), Southold Zone District: R-40 Residential CTM 62-3-26 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: The applicant's property consists of 10,067 square feet with 100 feet along Locust lane and 105.51 feet along Korn Road and is improved with a single-family 1-1/2 story frame house, as shown on the October 30, 2008 survey prepared by John T. Metzger, L.S. (Map #08-091). BASIS OF APPLICATION: This is a request for Variances under Section 280-124, based on the Building Inspector's revised December 30, 2008 Notice of Disapproval concerning a proposed new single-family dwelling (after demolition of the existing building) in a location with front yard setbacks at less than 35 feet, on this 10,067 square foot parcel. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on February 19, 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: RELIEF REQUESTED: Demolition of the existing building and construction of a new single family dwelhng on 10,067 square foot in an R-40 Residential Zone. The property is on a corner lot with two front yards (two street frontages) which creates the required 35 ft. minimum setbacks. The existing home lies 1.2 feet from the front line adjacent to Locust Lane, and the new construction proposes an increase to 9.7 feet by removing the attached enclosed porch. The existing and proposed setback from the front line adjacent to Korn Road will remain at +/- 9 feet. Applicant will use the existing brick foundation to construct new dwelling. Page 2 - March 5, 2009 ZBA # 4244 - Timothy Wood and Mira Dougherty-Johnsen CTM 62-3-26 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 relief requested will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The present home is more than 100 years of age and in poor condition. Based upon testimony received at the hearing, the Applicant indicates that the only economical way is to demolish and substantially rebuild a home using the same foundation area, rather than to renovate and upgrade the existing home. The home has been in its present nonconforming location for more than 100 years. The back yard of the home lacks the necessary elevation to support a new home without significant filling. The remaining yard area is surrounded on the north west side with a large vegetated berm that could cause a drainage problem if leveled. No testimony was submitted to indicate that the replacement of this home as requested with more conformity to Codes would cause a detriment to the immediate neighborhood. 2. Town Law §267-b(3)(b)(3)(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 homes in the immediate area of this home share similar unique circumstances, to include small substandard lots, with varied nonconforming setbacks. This applicant could change the location of this home, however, not without a much greater cost of construction, such as filling, need for proper drainage of the remaining lot, and cost to build a new foundation. 3. Town Law §267-b(3)(b)(3). The amount of relief is substantial, inasmuch as it is based on present zoning code requirements. However, when considering the applicant will utilize the existing foundation which predates the current codes, the new home will be a substantial improvement and is in keeping with those on nearby lots with their varied setbacks. 4. Town Law §267-b(3)(b)(5). The relief requested is not self-created. The applicant wishes to utilize the existing foundation for the new construction. 5. Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The Board finds the relief granted for a new dwelling on the existing foundation will not impact a neighborhood of similar types of homes at varied setbacks, nor will it compromise the physical or environmental characteristics of the immediate neighborhood. 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 his property, 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 Chairman Goehringer, seconded by Member 2 Page 3 - March 5, 2009 ZBA # 4244 Timothy Wood and Mira Dougherty-Johnsen CTM 62-3-26 Weisman, and duly carried, to Grant the variance as applied for, based on certified plans prepared by Ira Haspel, Architect dated 9/25/08. 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 thais in nature for an alteration that does not increase the degree of nonconformity. ...... / Vote of the Board: Ayes: Members Goehringer (~hairman),/O~ivaL~imon~ah. (Member Schneider abstained) This Resolution was duly adopted'(4-0) era~d P. Goehringer, Chairman ? 3/ p /2009 Proved for Filing / Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 March 10,2009 Mr. TimothyWood Ms. Mira DougherW-Johnson 340LocustLane Southold, NY 11971 Re: ZBA File No. 6244 - Timothy Wood, Application Dear Mr. Wood & Ms. Johnson: Enclosed please find a copy of the Zoning Board of Appeals determination rendered at the Board's March 5, 2009 meeting. Please be sure to proceed in the next step through the Building Department for zoning and other reviews and/or a building permit or other document concerning your building permit application. Thank you. Very truly yours, Linda Kowalski Encl. N ROOF DRAINAGE CALCULA ~ONS ROOF AREA = 1170 SO. FT. 2' RAINFALL 1170 x 0.17 ~ I = 198.9 CU. FT. 198.9/'rt2.2 = 4.7 VF PROVIDE I DRYWELL 8'¢ ~ 5' DEEP OR EQUAL ~1o~ LO'r REMOVE EX/STING DECK, ENCL~ ¢to PORCH ~ WALKWAY. to EXISTING SEPTIC SYSTEM TO BE CERTIFIED OR PROVIDE NEW APPROVED SYSTEM LOT COVERAGE EXISTING 1587 sq. fl 1587/10067 = 15.8% PROPOSED 1266 $~.,ft. 1266 710067 = 12.6% AREA=lO,OB7 $0. N-I'. 96- LOT ~'~ F£ 4.5.0' go~1~ · =MONUMENT s =PIPE ANY ALTERATION OR ADDITION TO THIS SURVEY IS A ViOLATION OF SECTION 72090F THE NEW YORK STATE EDUCATION LAW. EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL CERTIFICATIONS HEREON ARE V~LID FOR THIS MAP~AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNATURE APPEARS HEREON. SURVEY 'OF PROPERTY A T SOUTHOLD TO~N OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000-62-03-26 SCALE: i'--20' AUGUST 28, 2008 OCT. 30~ 2008 (PROPOSED ADDITIONS) FINAL MAP REVIEWED BY ZBA SEE DECISION # ~ DATED ~ /~ I~ LOT NUMBERS REFER TO "DIAGRAM OF LOT BELONGING TO JANE A. COCHRAN, J.W.. CASE SURVEYOR" FILED IN THE SUFFOLK COUNTY CLERK'S OFF/CE ON OCTOBER, 187(:, AS MAP NO. J99, Id'~CONIC S~'~'ORS, P.C. (631) 765-5020 FAX (631) 765-1797 P.O: BOX 909 1230 TRAVELER STREET SOUTHOLD, N.Y. 11971 08-191 N ~o'~ 2.6 ~/o. L01' 2o AREA=10,~7 SQ. FT. 96. P/O~5 LO1' ~ 3.0E · =MONUMENT · =PIPE ANY ALTERAtiON OR ADDITION TQ THIS SURVEY IS A VIOLATION OF SECTION 72090F THE NEW YORK STALE EDUCATION LA~ EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL CERTIFICATIONS HEREON ARE VALID FOg THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR 14'~OSE SIGNA 7'LIRE APPEARS HEREON. 1000-62-03-~6 SCALE: 1%20' AUGUST 28, 2008 LOT NUMBERS REFER TO "DIAGRAM OF LOT BELONGING TO JANE A. COCHRAN, J.W. CASE SURVEYOR" FILED IN THE SUFFOLK COUNTY CLERK'S OFFICE ON OCTOBER, 1570 AS MAP NO. ,599. ~,.Y.S. LIC. NO. 49618 (651.) 2'65- 1797 STREET [ ~9~ I OB-191 MINIMUM .OOF nYE LO'OS I. POU, -EOOCE "IEW 5T^T£ ' ~'~O0~'7"~;~"flf.,. P6FI$OUgREPOOqrOFHO)hZOHTALpROJSCllON ' DESIGN -Comply with Wood yrame Construction Manual (WFCM) 2001 edition for One and Two Family Houses. .[I]] l~i.~ ~ilmafie and geographic design criteria. Build- this code as limited by the pmvadons of this section Addlimaal forth in Table R301.2( l ). R3OLg.1 Wind limitations. Snildlngs and portions thereof R301.2.1.g Internal Eressure. Windows in buildings lng shall be designed as a ptufiaHy enclosed bntithng in Glazed opening protection for windburns debris shall ASTM E 1996 and ofASTM E 1886 referenced therein. thickness of v/~ hich (11.1 mm) and a maximum span of 8 feet (243g mm) shall be permitted for opening ding loads determined in accordance with the provi- sions of the Building Code of New York State. . R3~1.4 Dead load. The actual wingins of materials and con- R301.5 Live toad. The rmnimum uniformly distributed live pad shall be a~s provided in Table R30L5, R301.6 Roof load. Roof shall be designed for thc ilve load im dicated m Table R301.6 or the snow load indicated in Tainc R30L2(1), whicbevcr is greater. member under thc ilvc load listed in Sections R301.5 and R301.6 shall not exceed the values in Table R30L7. 40~ TRIBUTARY LOADED AREA IN SQUARE FEET FOR ANY STRUCTURAL MEMBER loot (t'3) GROUND SECTIO~i LIGHT, VENTILATION AND HEATING R303j itabitaine rooms, All habitable rooms shall bc prowded with aggregnte glazing area of not less than 8 percent, of the floor area of such rooms. Natural ventilation shed be through windows, doors, louve~ or other approved openings to the outdoor air. Such openings shall be provided with ready access or shall otherwise be readily controllable by the building occupants. The minimum openable ama to the outdoors shag be 4 percent of the floor area being ventilated. ~303.3 ~niht'~on~ ll~ibrooms, water closet compartmenm and other similar rooms shall be provided with aggregate glaz- ing area in windows of not less than 3 square feet (0.279 m~), one-half of winch must be openable. Exceprion: The glazed areas shall not be reqnired where ar- tificial tight and a m~chanical ventilation system are pro- vided. The minimum ventilation rates shall be 50 cfm (23.6 L/s) for intermittent ventilation or 20 cfm (9.4 L/s) for tlnuous ventilation· VenUledon air from thc space shall be exhausted directly to the outside. Tins exception shall not be allowed in owner-occapied, oneffamdy dwellings not sup- KE3301.5. ' R353.4 Opening location. Outdoor intak~ and exh~s~ open- I: ings shall be located in accordance with Sex:tions R303.4.1 and R303.4.2. R303.4.1 Intake openings. Mechanical and gravity out- feet (3048 Ira) from any hazardoa~ or noxious contami- nant, such a~ vents, chimneys, pinmbing vents, streets, Isys. parking lots and loading docks, except as otherwise specified in this code, Were a source of contamimmt is opening shall be located a minimum of 2 feet (610 mm) be- . 1. The glazed area~ need not be openable whe~ the opening is not required by Section R310 and an ap- proved mechanical _ventilation system is provided ca- For the pu~ose of this section, the exhau st from dwelling anit toilet rooms, bathrooms and ldtcbens shall not be con- sidered as hazardous or noxious. F,303.4.2 Exhaust openings. Outside exhaust openings shall be located so as not to create a nuisance. Exhaust air shall not be directed onto walkways. R303.50ut~ide opening protection. AR exhaust and intake openings that terminate outdoors shall be protected with corrosion-resistant screens, louvers or grilles harms a rmni- mum opening size of :/a inch (6 4 mm) and a maximum opening size of '/: inch (I 2.7 mm), in any dimension. Openings shall bc protected against local weather conditions. Outdoor air exhaust and intake openings shall meet the prowstons for exterior wall 11303.6 Stairway illumination. All interior and exterior stair- ways shall be provided with a means to illuminate the stairs, provided with an aitifithnihghi source located in the immediate wcinity of each l~mding of the stairway. For interior stairs the artificial light sources shall be capable of Hinmlnating treads and landings to levels not less than l foot-candles (11 lux) mca- sured at the center of treada and landings. Exterior sta~ways shall be provided with an artificial light source located in the immethate wa[thty of the top landing of the almrway. Exterior stairways providing access to a basement from the outside grade level shall be provided with an auifieial tight source in- rated in the immediate vicinity of the boRom landing o~ 'the stairway. EECTION lB] R308.1 Identification. Except as indicated in Section R308.1.1, each pane of glamng installed hi hazardous location s aa defined in Section R308.4 shall be provided with a manufac- tutor's or instafier's label, designating tflX, type and thickness of whieilis visible in the final ivateilailon. The label shall be acid etched, sandblasted, ceramic-fired, embossed mark, or shah be of a type winch once applied cannot be removed without being CU~AT~C A~O =ED=hAme OESmN FLOOD ....... YES"Oh EMERGENCY ESCAPE AND RESCUE OPENINGS i 1~10.1 Emergency sarape and rescue reqnimd. Basements with h aintable space and every sleapthg room sh all have at least one openabin emergnney escape and rescue opening. Where ,basements contain one or more sleeping rooms, emergency egress and rescue openings shall be required in each sleeping room, but shall not be reqinmd in adjoimng areas of the base- ment. Where emergency escape and rescue openings are pro- , vialed they shall have a sill height of not more than 44 inches (li18 mm) above the floor. Where a door opening having a threshold below the adjacent ground elevation serves a~ an emergency eseapo and rescue opening and is provided with a bulkhead enclosure, thc bulkhead enclosure shall comply with Section 310.3. The net clear opening dimensinns required by this section shall be obtained by the normal operation of the emergency escape and rescue opening from the inalde~ Farter- geney escape and rescue openings with a finished slfl height below the adjacent ground elevation shall be provided with a window well in accordance with Section R310.2. R310,1.1 Minlraum opening area. All emergency escape and rescue openings shall have a minimum net clear open- ing of 5.7 square feet (0.530 ma). Exeeptinn: Grade floor openings shall have a minimum net clear opening of 5 square tbet (0.465 m~)~ R310.1.2 Minimum opening height. The miinmum net clear opening height shall be 24 inches (h10 mm). R310,13 Minimum opening widtti. Thc minimum net clear 6pening width abra fi be 20 thebes (508 mm) SECTION R311 MEANS OF EGRESS R311.1 General Stairways, ramps, exterior cxk balconies, hallways and doors shall comply with this section. R311.2 Construction. R311.2.1 Attachment. Required exterior exit balconies, stairs and similar exit faalhties shall be positively anchored R31L3 Haflwa~s. The mTnimum ~t~ ofa hallway-~h~ll be IOi13 Stairways. SE~[ON~R312 GUARDS RM3 - SMOKE ALARMS, AUTOMATIC SPRINKLER ~en more than one smoke alarm is required to be installed within an individual dwelling unit the al arm devices shall be in- terconnected in such a manner that the actuation of one alarm INSULATION SECTION R31~8 SECTION R319 PROTECTION AGAINST DECAY R319.1 Location required. In ames subject to decay damage as estabhshed by Table R301.2(1), the following locations shall require the use of an approved species and grade of lum- ber, pressure treated in accordance with AWPA C1, C2, C3. C4, C9, C 15, ClS, C22, C23, C24, C28, C31, C33~ P 1, P2 and P3. or decay-resistant heartwood of redwood, black locust, or cedars. ~ ' 1: Wood joists or the bottom of a wood stractural floor when closer than 1~ inches (457 mm) or wood girders when closer than ig inches (305 mm) to the exposed . within thc pedphery of the butiding foundation. soray exterior foundation walls and are less tbe~ 8 roches (203 mm) from the exposed ground. direct contact wtth the ground unless separated from such slab by an impervious moisture barrier. concrete walls having clearances of less than 0.5 inch (12.7 mm) on tops, sides and ends, 5. Wood siding, sheathing and wall franung on the exterior ora building having a clearance of less than 6 inches ( 152 nun) flom the ground. 6. Wood structaral members supporting molature-perme- floors or roofs by an impervious moistu~ imrder, 7. Woad fomng strips or other wood framing members at- tached directly to the interior of exterior masonry walls or concrete walls below grade exgept where an approved vapor retarder is applied between the wafi and the furring s~ips or framing members. 11319.1.1 Ground contact. AH wood in contact with the ground and that supports permanent structures intended for haman ~cup~cy sh~dl be approved pressure preservative treated wood may be used where entirely bniow grouadwa- mr l~vel or cominuonaly submerged in fresh water. R31~-.~ Pos[s, poles and ~olUmns: Posts, poles and col- ~ lION R320 R406.2 Concrete and masonry foundation waterproofing PROTECTION AGAINST T~RMITES In mas where aingh water table or other severe soU-water con- R320.1 Subterranean termite control. In hr~as favorable to diimns are known to exist, extedor foundation wa[Is that retain termite damagnasestablishedby Table R301.2(1),methoda of earth and enclose habitable or usable spaces located below protection shall be by chemical soil treatment, pressure grade shall be waterproofed w~ib a membrane extending from preservativniy treated wood in accordance with the AWPA thetopofthefoedngtothefinishedgrade. The memhrane abed standards listed in Section R319.1, naturally termite-resistant consist of 2-ply hot-mopped felts, 55 pound (25 kg) roll roof- wtmd or physical ban/ers (such as metal or plasOe termite ing, &mil (0.15 mm) polyvinyl chloride, 6-mil (0.15 ram) sinelde), or any combination of these methods, polyethylene or 40-mil ( 1 mm) polymer-modified asphalt. The Section R403 joints in the membrane shall be lapped and sealed with an adbe- alve compat fule with the waterproofing membrane, Footings R403.1 Concrete footings. Concrete footings shall be a -- S-ECTION R408 minimum of 8" deep and 16" wide and mede of 3000 psi UNDER-FLOOR SPACE I concrete and b c a minimum of 36" below grade unless specified R408.1 Ventilation. The under-floor space between the bot- otherwise, tom of the floor joists and the earth under any beHding (except space occupied by a basement or cellar shall be Bmvtded with Table 403.3(1)Air Freezing lndex-Riverbead 'ventilation openings through foundation walls or exterior Research - Station No. 307134 - Air Freezing index = 510.. L wails, The minimum net area of ventiledoa opedags shall not SEC'~ION ~-404 be less than 1 square foot for each 150 square feet (0.67 m2 for FOUNDATION WALLS each 14 m2) of under-floor space area. One such ventdaimg R404.1 Concrete and masonry foundation walls. Concrete opening shall be witinn 3 feet (914 mm) of each comer of said and mason~ foundation walls shall be selected and con- building. stmated in accordance with the provisions of ibis s~ction or in R408.20lmnings for under-floor ventilation. The minimum accordance with ACI 318, NCMA TR68-A or AC1530/AgCE net area of ventilation openings shall not be less than I squ~re 5/TMS 402 or other approved structural standards, foot (0.67 mz) for each 150 square feet 04 ma) of underfloor R404.1.1 Masonry foundation wails. Concrete masonry space area. One such ventilating opening shall be within 3 feet and clay masomy foundation walls shall be constracted as (914 mm) of each comer of the building, Ventfiadon openings set forth in Tables R404. LI (1), R404.1.1(2), R404.1.1(3) shall be covered for their height and width with any of the rol- and R404.1.1(4) mad shall also comply with the provisions lowing materials provided that the least dimension of the cow of this section and the appilcadle provisions of Sections e~ing abail not exceed V4 inch (6.4 mm): R606, R607 and R608, In Seismic Design Categories D, 1. Perforated sheet metal plates not less than 0.070 inch ( 1.8 and D2, concrets masonry and clay masonry foundation mm) thick walls shall comply wtth Section R404. 1.4. Rubble stone 2, Expanded sheet metal plates not less than 0.047 inch ( 1 2 masonry foundation walls shah be constracted in accor- mm) thick. dance with Sections R404.1.8 and R606.2.2. Rubble stone masonry walls shallnot be used in Seismic Design Catcgo- 3. Cast-iron grills or grating. ties D~ and Dt. 4. Extntded load-beating brick vents. 5. Hardware ¢loib n f 0.035 inch (0.89 mm) wire or beavler. R404.L2 Concrete foundation walls. Concrete founda- R404.1.1(1), R404.1.1(2), R404. Ll(3) and R404.1.1(4), being t/a inch (3.2 mm). and shall also comply w~th the provisions of this section and Exceptions: R404.1.3 Dezign r~quireth A design ia accordance with 2. The totalarea of venniaimn openings may be reduced 2, Walls supportthg more than 48 inches (1219 mm) of R408.3 Access. Access shall be-provided to all under-floor emi support at the top and imttum, of 18 inches by 24 inches (457 mm by 610 mm). Openings 'R404.1.6 Height ahove finished grade. Concrete and ma- through a perimeter wall shall be 16 inebes by 24 inches (407 mm by 610 mm). When any portion of the through wall access 4 mcbes ( 102 nun) where masom'y veneer is used and a min- ~ below the threshold of the access opening. Through wall access imum of 6 inches (152 mm) elsewhere, openings shall not belocated under a door to the residence. See SECTION R405 Scctmn M1305.1.4 for access requisem~nts where mechanical FOUNDATION DRAINAGE equipment is located under floors. R405.1 Concrete or masonry foundations. Drains shall be * R408.4 Removal of debris. The under-froot grade shall be not less than 6 inches (153 nun) of the same material. SECTION R5o2 Exception: A drainage system is not mqmred when thc WOOD FLOOR FRAMING Clasmfioedon System Group l Soils, as detailed in Table ter, Figare R502.2 and Sections R319 and P.320 or in accor- R405.1. dance with AF&pA/NDS. SE~ION R406 - ' ~$02.2,1 Decks. Where supported by attachment to an ex- FOUNDATION WATERPROOFING ' terlor wall, decks shall be poedively anchored to the primary 4 6 6 6 6 solida or 8 6 solida or 8 6 solidd or 8 5 5 6 6 6 6 salidd or 8 8 l0 4 6 6 6 6 sohda or 8 6 solidd or 8 6 solids or g 6 5 6 6 6 6 sohdd or $ 8 10 6 6 8~ 8a 8 lO 12 4 6 6 6 6 solidd or 8 8 8 5 6 6 81 6 solide or 8 10 iO 7 6 6 8 8 I0 12 10 so[ida 7 8 8 10 12 10 so{ida 12 solid~ 4 6 6 6 6 sagda or 8 6 solidd or g 8 5 6 6 8 6 sogdd or 8 tO 12 8 6 $~ 8 10 i0 12 12 snbda 7 8 10 10 [2 12 solida Foomote e }1502.3.1 Shiaping areas and attic joists. Tablc R502.3.1 ( 1 ) shall be utilized to determine the maximu/n al- lowable span of floor joists that support aleeping axeas and attics that are aceessad by means of a fixed slalrway pe~- vided that the design live load does not exceed 30 per ( 1.44 kN/mz) and the d~ign dead load does not exceed l0 psf (0.48 kN/m:). The ag owable span of ceiling jdsts that sup- port attics utilized for Umiled storage or no sro,age shall be determined in accordance with Section R802.4, 11502.3.2 Other floor joists. Table P,502.3.1 (2) shall be uri- ilzed to determine the maximum allowable span of floor joists that support all areas of the butithng, other than sleep- ing and attics, provided that the design llve load does not ex- ceed 40 psf (1.92 kN/m~) and the design dead does not exceed 10 psf (0A8 kN/m~). Rg0233 Floor canffievers. Floor canttievex spans shall cantilevers constructed in accordance with Table R502.3.3(1) shall be permitted when snppotting a light-frame bearing wall and roof only. Floor cantdeven almctud in accnrdence with Table R502.3,3(2) R502.S Allowable ghiler ~p~Tbe ail-owahi~ spans of e~ fabricated of dimensinu lumber shall not exc:ad the values set forth in Tables R502,5(1) and R502,5(2). RSfi~.7 Lateral restr~lli at "ugport& Jalats shall be sup- potted laterally at the end9 by full-depth solid b{~cking not less than 2 incbes (5 l roan) nominal in thickness; or by attechmem to a header, band, or rim joist, or to an adj oith ngs md; or shall b e otbetwlse provided with lateral support to pruwnt rotation. restraint shall also be provided at each interm~dthte support. R~g2.7.1 B~idglng. Joists exeeading a aom~ .:ti 2 roches by 12 inches (51 mm by 305 mm) shat be supported laterally by solid blocking, diagnnal bridging (wend ur mural), or a continuous 1-1rich-by 3-inch (25.4 mm by 76 mm) strip nailed across the bottom of jnials perpeedic ~l~r to Joists at 11502.8 Drilling and notching. Structural Eoo[ members shall not be cut, bored or notehad in excess of tbe imdtafions speal- fled hi this section. See Figure P.302,8. R50~.9 Fast ending. Floo~r framing sh~be nailad in accordan~ with Table R002.3 ( 1 ). INhere posts and beam or girder construc- tion is used to support floor framing, positive co meefions shall be provided to ensure against ughft and lateral displacement RS0~.i~-~rara ftshipp/ng~-equired. When there ~ usable space - SECTION R5O3 I FLOOR SHEATHING - R503.2.1.1(1) and R50~3.2.1.1!2). WOOD WALL FRAMING R602.3.(5). [R602.4 interfor load-bearing wall~. Interior ina~ walls shalI be conswacted, framed and fireblocked as spccified for exterior walls. R602.5 Interior nonbearing walls. Interior nonbearing walls shall be permitted to be constructed w~th 2-inch-by-3-inch (51 mm hy 76 mm) studs spaced 2d inches (610 mm) on center or, when not part of a braced wall line, 12-inch-by-4-inch (5l mm by 102 mm) flat studs spaced at 16 inches (406 mm) on center. Interior nonbearlng walls shall be capped with at least a single top plate. Interior nonhearmg walls shall be Erebhicked in accordance with Section R602.g DHfiing and notcinng~st~ds. Any stud in an exterior wall or hearing partition may be cut or notched to a depth not exceethag 25 percent of its width. Studs in nonbe~Sng patti2 tions may be notched to a depth not to exceed 40 percent of a single stud width. Any stud may be bored or dritied, provided cent of the stud width, the edge of the hole is no closer than ~/~ inch (15.9 mm) to the edge of the stud, and the hole is not cared m the same section as a cut or notch. See Figures R602.6( 1 ) and R602.6(2). For bored holes for electrical widng, see Table E3702.1. Exceptions: 1. A stud may be bored to a diameter not exceeding 60 peroent of its width, provided that such studs located in exterior walls or bearing partitions are doubled and that not more than two successive studs are immd. 2. Approved stud shoes may be used when installed ti~ accordance with che manufacturer's recoramendation R602.6.1 Drilling and notching of top pinte. When piping or dactwork is placed In or partly in au exterior wall or inte- rior load-bearing wall, necesaltu~ng cutting, drilling or notching of the top plate by more than 50 percent of its wnith, a galvanized metal ge of not less thaa 0.054 inches thick ( 1.37mm) (16ga) and 172 inches (38ntm) wide shallbe lhstened to each side of the opening with not less than four 16d nails at each side or equivalent. See Figure R602 6.[. Exc~ptinn: When the egrtre side of the wall with the notch or cut is covered by wood structural panel sbeaimng. R602.7 Headers. For header spans see Tables R502.5(l) and' R502.5(2). R602,8 Fireb[oching required. Fimblo~king shall be pro- wded to cut off all concealed draft openings (both vemcal and imnzomal) and to form an effective £~e barrier between stones, and between a top story and the roof space, Fireblocking shMl be provided m wood-frame construedon m the following loca- W..'dlNING: It is g violation of thc law fo~ any person, unless acting-ander the direct supervision of a licensed architect, to alter any item ~n any wW beating fl~e sod of an architect. If tn ah-eva0on is made, the ,d~ering architect shall affix to his item the seal and the notre/on "Altered by:" follo¢.~d ~ his signature, the date of such alteration, md · specific description of the alteration. H Landi N,T,~ /fa Haspe/ Architect, P. C. 2. The length-to-width ratio for the floor/wail din- .... ---- TABLE S405.1 phragm does not exceed 3: L PROPERT{EE OF EOILE CLASg[F[EO ACCOhOING TO THE UNIFIEO SOIL C~ASEIFICATION EYSTEM GW little or no fines. Good Low Low .. Poorly graded ands or g av.gy sands, ~e ~ ~od ~w Low CH :nmg~c clays of mgh ptssfici~, fat alays. Poor Me~ m~h TABLE R602.3(~ )' Smd ih sole plate, toe nail NUMnER AND TYPE OFFASTENER'~ 3-gd 2-8d 2stagles, l~&~ 16d SPACING OF FASTENERS 3-8d or2-16d 16" o.c. along each edge 1rd Ceding joists to plat~, toe nail 3-8d 4-gd ilts*_~lff, 6d common nail (aubfloor, wall) 8d common nail (roof~f 6 t2~ ~132" -I' 8d common null 6 12s 3 6 3 6 4 8 R702.3.1 Materials. All gypsum board materials and ac-. cessoties shall conform to ASTM C 36, C 79, C 475, C 514, C 630, C 931, C 960, C 1002, C 1047, C 1177, C 1178, C 1278, C 1395 or C 1396 and shall bo installed in accordance with the provisions of this section. Adhesives for the instal- lation of gypsum board shall conform to ASTM C 557. R702.3,2 Wood framing. Wood fraramg supporting gypsum bo&rd shall not he less than 2 inches (51 mm) nominal thickness in the least dimension except that wood thrdng strips not less than l-inch-by-2 inch (25,4 - SECTION R703. EI(TERIOR COb'ERING R703.1 General. Exterior walls shall provide the building with envelope shall include flashing as described in Section R703.8. The exterior wall envelope shall be designed and constructed in the wail assembly by pmvithng a water-resistive banter behind the exterior veneer as required by Section R703.2. R703.2 Weather-resistant sheathing paper. Asphalt- saturated felt free from holes and breaks, weighing not less than 14 pounds per 100 square feet (0.683 kg/ma) and comply- mm by 51 mm) nominal dimension may be used over lngwithASTMD226orotherapprovedweather-resistaatma- solid baaldng or framing spaced not more than 24 inches ¢. tefial shall be applied over studs or sheathing of ag oftener (610 mm) on center walls as requlred by Table R703.4. Such felt or material shall R702.~.6 Fastening. Screws for attaching gypsum board m weod framtog shall be Type W or Type S in accordehce with ASTM C 1002 and shall penetrate the wood not less thaa Jla inch (15.9 mm). Screws for aRaehmg gypsum board to gght-gagn steel framing shag be Type S in accordance with ASTM C 1002 and shah penetrate the steel not less than ~/$ inch (9 5 mm). Screws thr attacthng gypsum bo&rd to steel framing 0.033 inch to 0.112 inch (0.838 mm to 2.84 nan) thick shall comply with ASTM C 954. R702.4.2 Gypsum backer. Gypsum ~ard utilized~s the haae or backer for adhesive application of ceramic tile or other nonabsotheat flesh material shall conform with ASTM C630 or C1178. Water-resistant gypsum backing board shall be permitted to be used on calhngr where fram- ing speelag does not exceed 12 inches (305 nme) on center for ~/:-uieh-thiek (12,7 mm) or 16 inches (406 mm) for ~/~ inch-thlek (15.9 mm) gypsum board. Water-msiaiant gyp- sum board shall not bo installed over a vapor retarder in a shower or tub comparanent. All cut or exposed edges, in- eluding thos~ al wall intersections, shall be sealed as rccomm~eded by the mannfaaturer. R702.4.3 Limi~Uons. Water-resistant gypsum backing board shall not be used in thc following locations: I. Over a vapor ~tarder in a shower or bathtub comport- 2. Where them will be direct exposure to water, or in ~reaa subject to continuous high humidity. L be applied horizontally, with the upper layer lapped over the lower laypr not lass than 2 ~nebes (51 mm). Where jolats occur, felt shall be lapped not lass than 6 inches (152 mm). Exception: Such felt or material is permitted to be ormttad th the fallowing sitoatinns. 1, In detached accessory bullrings. 2. Under panel stding w~th shiplap joints or battens. 3. Under exterior wall finish materials a.s permitted in Table R703.4. 4, Under paperbacked stucco lath. SECTION R801 GENERAL Re01.1 Application. The provisions of this chapter shall con- tel the design and construction of the mof-ceilthg system for 'R802.2 Design and eonstrunfi~n. R~of-cetiings shall be de- tl~s chapter and Figures R60ti,10(l), R606.10(2) and R606.10(3) or' ia accordance with AFPA/NDS ~nd ASCE 7, ,ruth Table R602.3{i). R8023 Framing details. Rafters shati be framed to ridge there shall be a valley or hip rafter not less than 2-inch (5 l roxn) nominal thickness and nat less in depth thaa the cut end of the rafren Hip and valley rahers shall ha supported at the ridge by a joists, such as ridge beams, hips and valleys, shall be designed R802,3.i Ceiling j~ist and rnfthr~neeti~ns. Ceiling joists and rafters shall be naile~ to each other in accor tiance with Tables R602.3(1) and R802.5.1(9), and the assembly shall ha nailed to the top wall plate in accordance with Table R602.3(1). Ceiling joists shall be continuous or securely joined where they meet over interior partitions and nailed to adj scent rafters to provide a continuous tie across the build- ing when such joists are parallel to the rafters. buildlng,,or raftem shall be fled to l-inch by 4-mcr (25,4 mm by 102 mm) (nominal) minimum-size crosades. The connections shall be in accordance with Table R602.3(1 ) or connections of equivalent capacities shall be provided. plate, the ridge formed by these rafters shall also be sup- Rafter ties shall be spaced not mor~ than 4 feet ( 1219 mm) R8023.2 Ceiling joists lapped. Ends of ceiling lOiSte shall be lapped a minimum of 3 inches (76 mm) or butted over member. When ceiling joists are used to provide malstouee to rafter thrust, lapped joists shall be n¢led together in ac- cordence with Table 1t.602.3(1) and boned joists shall be R802.4 Agowable coifing {hist spans. Spans for ceiling joists shall be in accord~ce with Tables R802.4(1) and R802.4(2). For other grades and species and for otber loading conditions, refer to the AF&PA Span Tables for Joists and Rafters. exceed the values set forth m Table R802.4(1) in attics which do not have a clear height of 42 thebes (1067 mm) or does not exceed 10 psf (479 Pa) and the destgn dead laud does not exceed 5 psf (239Pa). inches ( 1067 mm) or more between joist and rafter, and have a design bye load not exceeding 20 psf (958 Pa) and a design dead load not exceeding 10 psf {479 Pa). The maximum al- R802.5 Allowable rafter spans. Spans for rafters shall be in accordance with Tables R802.5.1(1) through R802.5.1(8). For other grades mad species add for other loading conditions, refer to the AF&PA Span Tables for Joists and Rafters and appbca- bio provisions of ASCE 7. The span of each rafter shall be mca- SECTION R003 ROOF SHEATHING R803.1 Lumber sheathing. Allowable spans for lumber used bet sheathing for wood shingle and shake roofing shall con- form to the requirements of Sections R905.7 and R905.8. egory 24 48' 60u l[12T & G 72~ R803.2 Wood structural panel sheathing. R803.2.1 Identification and grade. Wood structural pan- els shall conform to DOC PS 1, DOC PS 2 or, when manu- factured in Canada, CSA 0437, and sba0 be ~flenilfied by grade mark or certificate of inspection issued by an ap- proved agency. Wood structural panels shall comply with the grades specified in Table R503.2,1.1(1 ). R803.2.1.1 Exposure durabfiit~. All wood stmctorai panels, when designed to be permanently exposed in out- bility. Wood snucthral panel roof sheathing exposed to the underside may be of interior type bonded with exte- tier glue, identified as Exposure I. R803.2.1~, Fire.retardant-treated plywood. The al- lowable unit stresses for fu~-r etaxdant-txeated plywood, includmg fastener values, shall be developed from an ap- proved method of investigation that considers the effects of anticipated temporatare and humnfity to which the frre-tetardant-tse ated plywood will be subjected, the type retardant-treated plywood shall be graded by an ap- proved agency. R803.2.2 Allowable spare. The maximum allowable spans for wood sm:ctural panel eof sheathmg th all not exceed the values set forth in Table R503.2.1.1 (1) or EWA E30. R803.~,3 hlstailatiorl. Wood ststletoral penel used as roof sheathing shall be installed with joints staggered or nonstaggered in accordance with Table R602.3(1), or APA E30 for wood tool fi'aming or with Table R804.3 for steel roof framing, Roof Assemblies - shall comply with Chapter ~t Chimneys and Fireplaces - shall comply with Chapter Energy Efflcieney design and construction shall comply with Chapter i I - see U.S. Dspacanent of Energy (DOE), including New York version 4.0,1. Nl102.2 Speeffic insulation requirements. Nl102.2.1 Ceilings with attic spaces. When Section Nl102.1 would require R-38 in the ceding, R-30 shall be deemed to satisfy the requirement for R-38 wherever the full - height of uncompressed R-30 insulation extends over the - wail top plate at the eaves. Smiilarly, R-38 shall be d~med to satisfy the requirement for R-49 wherever the f~il height of uncompressed R-38 msalatlan extends over the wall top plate at the eaves. Nl102.2.2 Ceilings without attic spaces. Where SecUon N 1102,1 would requtre insulation levels above R-30 and the design oftbe roof/ceding assembly does not allow suffic:ent space for the required insulation, the mimmum required th- I solution for such roofleeihng assemblies shall be R-30. This I reduction of insulation from the requirements of Section N1102. I shall be limited to 500 square feet of ceding area, N110gAl.8 Crawl space walls. As an alteraatlve to insuIat- lng floors over crawl spaces, crawl space wails shall be per- mitred to be insulated when the emwl space is not vented to the outside. Crawl space wall insulation shall be Forms- nenfiy fastened to the wall and extend downward from the floor to the finished grade level and then vertically and/or horizontally for at least ma additional 24 inches (610 mm). Exposed earth in unrented crawl space fotmdations shall be covered .srith a continuous vapor retarder. All joints of the vapor retarder shall overlap by 6 laches (153 mm) and be sealed or taped. The edges of the vapor retarder shall extend at least 6 inches (153 mm) up the stem wall and shall be at- tached to the stem wall Nll02.d Air leqkage. N110~.4.1 Building thermal envelope. The building ther- mal envelope shall be durably sealed to linut infltirafign.' The sealing methods between dissimilar materials shall al- low for differentiai expansion and conmnfion. The follow- ing th all be caulked, gnsknt~d, weathers~pped or oinet'wise sealed with an air bm'nec material, suitable f~m or solid ma- I. All joints, seams and penetrations, 2. Site-built windows, doors and skylights. 3. Openings between window and door assemblies and their respective jambs and frammg. 4. Utility penetrations. 5. Dropped ceilings or chases adjacent to the thermal en- velope. 6. Knee walls, 7. Walls and ceilings sap&ratmg a garage from condi- tioned spaces. 8. Behind mbs and showers on exterior walls. 9. Common wails between d{velbng urals. 10. Other sources oflaffltrafion. Nl102.4.2 Fenestranon a r leakage. Wmdows, skylights and aliding-glass doors shall have aa air infiltration mm of no more than 0.3 cfm/fi2 (1.5 L/s/m-*), and swinging doors no more than 0.5 cfm/fit (2.6 L/s/m2), when tested according to NFRC 400. 101/[.S.2, or AAMA/NAFS 101/[ S.2 by an accredited, independent laboratory, and hsted and labeled by the manufacturer. Exception: S~te-built windows, skylights and doors. N1102.43 Recessed lighting. Recessed luminalres tn- ' stafied in the building thermal envelope shall be sealed to limit air leakage between contht~oned and uncondifioned spaces by being: l. 1C-rs ed and adeled wtth enclo§ures that are sealed or - gasketed to prevent air leakage to the ceiling cavity or un- conditioned space; or 2. IC-rated and labeled as meeting ASTM E 283 when tested at I 57 psi (75 Pa) pressure differential with no more than 2.0 cfm (0.944 L/s) of att movement from the ] conditioned space to the ceding cavity; or 13 Located inside an airtight sealed box with cleazances of at least 0.5 inches (12.7 mm) from combustible material J and 3 inches (76 mm) fiom insulation. I N1102.4.4 Bdilifing e~vethpe infiltration. The imddthg I thermal envelope shall be permitted to meet the require- ments of Table N1102.1 (2) where tested ACTS0 does not exceed 5,5, as verified using instruments and procedures specified in ASHRAE/ASTM E 779-I 999. The test shall be eonbuctad lay a qualified person who shall demonstrate section, ACHn0 shall mean air changes per bo~ of indite- cats of pressure in accordance with ASHRAE/ASTM standard E 779. Test results shall be provided to the code en- forcement official and shall include: l. Name and place of business of the tester; 2, Address of the building wirier was tested; 3. Conditioned floor area of dwelling, calculated in accor- dance with ANSI Z65-1996, except that conditioned floor area shall include areas where the ceiling height ~s than 5 feel (1524 mm): 4. Measurement of ACHn0; and 5. Cemficaaon of accuracy of test results and signature of N1102,5 Moisture eonfmL The budding design shall not cre- densation. Above-grade frame walls, floors and ceilings not venifi a~ted t~o allow meister? to ese ape shall he p~r nv_tale d with an on the warm-in-winter side of the thermal insulation, Exceptions: I. In construction where moisture or its freezing will not damage the materials. 2. Frame wa0s, floors ~d ceiilngs in jurisdictions in erupted.) Nll02.S.I Maximum fenestration U.faetor. The ama weighted average maximum fenestration U-faster permit- ted using trade offs from Section N 1102.1,3 or Section 404 of the Energy Conservation Cor~etruction Code of New York State in Zones 4 through 6 shall be 0.40. Nl102.2.5 Floors. Fio~r insulation-shall- be ins~fi~d to subfloor decking, Nl102,2.6 Basement walls. Wails associated with condi- tioned basements shall be insulated from the top of the base- meat wail to a depth of 24 (610 mm) inches below grade, where the heating degree days are less than or equal to 6,0001 to a depth of 48 inches (1220 mm) below grade, where the heating degree days are greater than 6,000 but are where the heating degree days are greater than 8,000. Walls assosiated w th uncoed iloned basements shall meet this re- quirement unless the floor overheat is insulated in accor- dance with Sections NII ta.l and N1102.2.5. N1102.2.7 Slab-on-grade floors. Slab-on-grade floors with a floor surface less than 12 inches (305 mm) below grade shall be insulated in accordance with 'fable {Nil02.1(1). The insulation shall extend downward from j the top of the slab on the outside or insdie of the [oundeilon , wall. insuiatioa Iocated below grade shall ha extended the I distance provided in Table N1102.1(1) by any combination I of vertical insulation, msulation extendmg under the slab or insulation extending out from the butithng. Insulation ex- tending away from the butidthg shall be protected by pave- ment or by a minimum of l0 inches (254 mm) of soil. The top edge o f the insaiauon installed between the exterior wall and the edge of the interior slab trail be permdted to be cut at a 45-degree angle (0.79 red) away from the exterior wall. Slab-edge insulation is not requLmd in jurisdictions desig- nated by the code official as having a very heavy termge in- festation: Nl103.3 M-~cha-di~ai s~stem piping i~s~latlomfMeehaalcal system gtplng capsble of carrying fl aids above 105°F (4 I°C) or below 55°F (13°C) shall be insulated to a minimum of R~2. Exception: Heating piping located on.ely within the building thermal envelope. N1103.4 Circulating hot water systems. All circulating ser- vice hot water piping shall be msuiated to at least R-2, Cirealat- lag hot water systems shag include an automatic or readily accessible manual switch that eau tom off the hot water circu- lating pump when the system is not in use. N1103.5 M~ehauicui ventilation. Outdoor air mtokes and ex- hausts shall have automatic or gravity dampers that close when the ventilation system ~s not opera0ng, TABLE N1103.7 ' OPTIONAL OECHANICAL EQUIPMENT EFFICIENCY Nl103,6 Equipment sizing, Heating and cooling equipment shall be sized in accordance with SecdonMl401,3 of this code. Nllil3.? Mechmtieal equipment efficleney. The building thermal envelope shall he permitted to meet the requirements of Table N1102.1(2) where the building mechanical system ~onfo _nns with thc ~equkements of Table N1103.7. General Mechanical System RequirEments -shall comply with Chapter 12 and 13. Heating and Cooling Equipment- shall comply w~th Chapter 14. Sizing of equipment shall comply with M1401 3 and ACCA (Air Conditioning Contractors of America) Manual J~g7 Residential Load Calualations. Exhaust Systems - shall comply with Chapter 15 sad the Clothes Dryers - Sec. M1501 Range Hoods -- Sec. M1502 Microwave Ovens - Sec. M1503 Overhead Exhaust Hood - ge~. M1504 Mechanical Ventilation - Sec. M1506 comply with Table MI506.3 Due~t Systems- shall comply with Chapter 16. Combustion Air shall comply with Chapter 17, Chimneys and Vents - shall comply with Chapter 18. Boilers & Water Heaters - shall comply w~th Chapter 20, Hydronie Piping ~ shall comply with Chapter 2]. Fuel Gas - shall comply with Ghaptex 24. Plumbing and General Plumbing Requirements - shall comply with Chapters 25 and 26. Plumbing Fixt~r es - shall comply with Chapter 27. Water Heaters shag comply with Chapter 28. Water Supply and Distribution - shall comply with Chapter 29. Sanitary Drainage -shalI comply with Chapter 30. Vents shall oor~ply wlth Chapter 31 .Traps - shall comply with Chapter 32. Electrical - General ~equirements'- shall comply with Chapter 33 Electrical Service- shall comply with Chapter 35. Branch Circuits and Feeder Requirements -Shall comply with Chatter 36. Wiring Metbeds- shall comply with Chaptex 37. Power and Lighting Distribution- shall comply with 'Chapter 38. Devices and Luminaires - shall comply with Chapter 39. 12. The General Contractor shall have sole responsibility for providing all site and safety protection (fencing, by stm_~ cu~thg as per Code. 32, The cutting oft~{sts t~ facihtate the installation of pipes will only be pestox[ted with the following ]imitations: The top ted bottom edges of jests may be notched not to exceed 2" exoopt that the notehmg of top and bottom edge of joist in the middle third of the span will not be pennflted. Notching of TJl's to be per manufacturer's erection). _gn_lv_anize_d~or stainless steel. Provide welded steel P/o Appliance Installation- shall comply wgh Chapter 4 . LOT 25 General 'Note - ..... ' R905.2.7 Underhiyment appflcation. For roof slopes from two units vertical ~a 12 units horizontal (17-percent slope), up to fo~r units vertical in 12 units horizontal (33-percent s)ope), underlayment shall be two layers applied in the fol- lowing manner. Apply a 19-inch (483 mm) strip Of' underlayment felt parallal with and storimg at the eaves, fas- 36-inch-wide (914 mm) sheets of underiayment, overlap- ping successive sheets 19 inches (483 mm), and fastened sufficiently to hold in place. For roof slopes of four urdts vertical in 12 ualts horizontal (33-percent slope) or greater, 'anderlayment shall ha one layer apphed in the following ]marmer. Under ayra~nt shall be applied sblngle fashion, I paralthl to and starting fro. _m thee cave and lapped 2 inches (5 I mm), fastened sufficiently to hold in place. End laps shall be offset by 6 feet (lg29 mm). R905,2.7.1 Ice protenfion. In areas whom the average daily temperature in January is 25°F (-4°C) or less or when Table R301.2(I) criteria so designates, an ice bar- ncr that consists of a least two layers of underiayment ce- mented together or of a serf-adhering polymer modified bitumen sheet, shall be used in lieu of normal underiaymeat and extend from the cove's edge to a peet at least 24 inches (610 mm) inside the exterior wa0 line of the building. Exception: Detached accessory structures that con- bain no eonthtioned floor area. ' R90g.2.7.2 Underlayment and high wind. Underlayment apphed in areas subject to high winds [greater than 110 mph (177tm~h) per Figure R301.2(4)] shall be applied with corrosion-resistant fasteners in ac- cordence w~th mannfacmrer's installation lnstru¢:tlons' Fasteners are to be applied along the overlap not fmlher apart than 36 inches (914 mm) on cen~er. ' R~05.2.1 Sheathing requirements. Asphalt shingles shall bo fastened to solidly sheathed decks. R90S.2.2 Slope. Asphalt shingles shall only be used on roof slopes of two units vertical in 12 units horizontal (2:12) or greater. For roof slopes from two milts vertical in 12 units horizontal (2:12) up to four units vemcal in 12 units hori- zontui (4.12), double underlayment application is required ui accordance with Section R905.2.7, R905.2.3 Underhiyment. Unless otherwise noted, required underiayment shall conform with ASTM D 226, Type I, or ASTM D 4869, Type I. Sail-adhering polymer modified bitumen sheet shall comply with AS3[M D 1970. I RSfi5.2.4 Asphalt shingles. Asphalt shmgles shall have self-seal stops or be interthcking, and comply with ASTM D 225 or D 3462. R905.2.5 Fa.qtoners. Fasteners for asphalt shingles shall be galvardzed steel, stalaiess steel, aluminum or copper mof- thg nails, minimum 12 gage [0.105 tach (2.67 nan)] shank wtth a mimmnm ~/~-inch (9.5 mm) diameter head, ASTM F 1667, of a length to penetrate through the roofing mated als and a ummmum of ~,q tach (19.1 rr.m) ,nt~ th,~ roof sheath- lng. Where the roof sheathing is less than ~/~ inch (19 l mm) thick, the fasteners shall penetrate through the sheathing. Fasteners shaft comply with ASTM F 1667. P~0S.2.6 Attachment. Asphalt shingles shall have the mm- ~mum number of fasteners required by the manufacturer. For normal application, asphalt shingles shall be secured to the roof with not less than four fasteners per stop shingle or two fasteners per mdividual sinngle. Where the roof slope exceeds 20 uui~s vertlcalln 12 units horizontal (20:12), spe- cial methods of fastemng a~e required. For roofs located where the basic wed speed per Figure R301.2(4) is 110 mph ( 177 Ice/h) or greater, special melhods of fastening are reqmred. Special fastening methods shall be tested in accor- dance w~th ASTM D 3161, modified to use a wind speed of 110 mph (177 lan/h). Shingles classified using ASq2Vl D 3161 are acceptable for use in wind zones less than l ] 0 mph. Shingles classified using ASTM D 3161 modified to use a wind speed of 110 mph are acceptable for use in all cases where special fasten- I. Contractor shall obtain all required approvals, permits, certificates of occupancy, thapeedon approval, etc. for work performed from agencies having juriedlcflon LOT 26 96.91' (DEED) 96.47' (actuaL) It is k viola'don of~e ]aw for any person. unless acting under the dlrect supervision of g licensed architect, ~o alter any item in any way bearing the seal of an architect. If an alteration is made. the altering architect shall affix m his item the seal and the notation "Alte£ed by:" foltowed by his signature, the date of such alteration, and ~ specific description of the alteta~on. ma0 ~.2.1.2 prer ai pressure. Windows i~ ~uildings lo- cated in windborne debris mginns shall have glazed operants protected from windborne debris or the be fid- mg shall be designed as a pm'dally enclosed building in accordance with the Budding Code of New York State. Olazed openmg protection for wladbome debris shall meet the requiremen~ of the Largo MAssde Test of ASTME 1996 and of ASTME 1886 referenced therein. /fa Haspe/ Arcbatect, P. C. 340 I. OCL/ T ,aVE, ADDITION 6.NOVP,TtON k \VAi~N~NG: I It is tt ~fioladon of the law for any person, unless acting under the dtrect supervision of a licensed architect, to alter any item m any way bearing the seal of an architect. If an altetaUon is made, the altering architect shall affix to his i~em the seal and the notanon "Altered by:" followed by Ins signature, the date of such alteraUon, and a specific descnpuon of the aheration. ' DBGBND :0 L ~q ~IS'OOT'CD - FbOOr~ P~,A~ A rcturecr, P. (7. 59945 gAJfl ROAD SOLITHO[-D, N,hS, tl971 ~51.7~5-7075, ceil -5tG-3084753 VCOOP ,3,40 ~0 ~/THOI,,D CONSTRUCTION DOCL'MENT DATk, Ira Haspel :Mi Raghts Reserved. F~.uMSIHG F~[~B5 DIAe~AP"!, F IG REScheck Software Version 4.2~0 Compliance Certificate I I Project Title: Wood Residence Owner/Agent: Tim WoDd 340 Locu~ Ave, Southold, NY 11971 Me,mum UA. 335 YourUA;316 Designer/Con[Tactor: Im Haspel Ira Haspel ARchitect P C 59945 Mare Road Southold, NY 11971 631-765-2075 Ceiling 1' Flat Ceiling or Scissor Truss Ceiling 2: Cathedral Ceiling (no aEic) Waft 1;Wood Frame, lg" o,c, Window I Vinyl Frame Double Pane w~th Low-E Window 2: Vinyl Frame:Double Pane wtth Low-E Door 1' Glass Compgance *Staterne,t: The proposed building design descqbed here is consistent with the building plans, specificahons, and other calculabons submitted wdh ~e pe~lt appli~tlon, The pmpesed building has been designed to meet the 2~00 IECC requirements in REScheck Version 4,2.0 and to comply with the mandato~ requttemen~ hsted In the REScheck inspection Checklisb Name - ~Ee ~r~ ~ ~ -- Date NO~TH --( 12 \X'3.1{N IN G-: It ~s ~. wobdon of the law for any person, unless acung under the d~rect supervmion o£ a hcensed architect, to alter any item In an)' way beanng the seal of an architect If ~n alteration ]s made, the altenng arcl-atect shall affix to Ns ~tem the seal and the notauon "Altered by:" followed by Ns s~gna~ure, the date of such alteration, and a specific description of the alterathm. Ira/--/a sp el A.rcl tect, P. C. WOOD 1~5.~ lID5 N C P. ',~OU, Cl..tOl. O, h. hY, ~ (Copyright e Ira Haspel All Rights Reserved. )' LOOO - ~2, o3- ~ FORM NO. 3 NOTICE OF DISAPPROVAL TO: Timothy Wood 340 Locust Lane Southold, NY 11971 DATE: October 9, 2008 Revised: Dec. 30, 2008 Please take notice that your application dated October 7, 2008 For permit for demolition and reconstruction of a new single family dwelling on the existing foundation at: Location of property: 340 Locust Lane, Southold, NY County Tax Map No. 1000 - Section 6~2 Block 3_ Lot 2~6 Is returned herewith and disapproved on the following grounds: The proposed demolition and reconstruction of a single family dwelling, on this non- conforming 10,067 square foot lot in the Residential R-40 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 front yard setback of 35 feet The existing single family dwelling notes a front yard setback of 1.2 +/- feet on Locust Lane and a front yard setback of 9.7 feet on Kom Road. The proposed new construction will result in a 9 +/- foot front yard setback on Locust Lane and a 9.7 foot front yard on Kom Road. This Notice of Disapproval was written based on plans signed by Ira Haspcl Architect, I~aee CS-2~ dated 10/06/08. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. TO: FORM NO. 3 NOTICE OF DISAPPROVAL Timothy Wood 340 Locust Lane Southold, NY 11971 DATE RF..CEIYEiD ZONING BOARD OF APPE~-L$ October 9, 2008 Please take notice that your application dated October 7, 2008 For permit for partial demolition and to construct additions and alterations to an existing single family dwelling at: Location of property: 340 Locust Lane, Southold, NY County Tax Map No. 1000 - Section 6_~2 Block 3_ Lot 2~6 Is returned herewith and disapproved on the following grounds: The proposed additions and alterations to this existing single family dwelling, on a non- conforming 10,067 square foot lot in the Residential R-40 District is not permitted pursuant to Article XXII1 Section 280-122, which states; "Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a non-conforming building containing a conforming use, provided that such action does not create any new non-conformance or increase the degree of non-conformance with regard to the regulations pertaining to such buildings." The existing single family dwelling notes a front yard setback of 1.2 +/- feet on Locust Lane and a front yard setback of 9.7 feet on Kom Road. The proposed second story addition will result in a 9 +/- foot front yard setback on LQcust Lane and a 9.7 foot front yard on Kom Road. Pursuant to the ZBA's interpretation in Walz (#5039), such additions and alterations will thus constitute an increase in the degree of non-conformance. Pursuant to Article XXII1 Section 280-124, non-conforming lots, measuring less than 20,000 square feet in total size, require a front yard setback of 35 feet. This Notice of Disapproval was written based on plans signed by Ira Haspel Architeck page CS-2~ dated 10/06/08. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. 26 December 2008 To: Southold Building Department From: Tim Wood Dear Mr. Verity: I have been recently advised that the existing structure at 340 Locust Lane has unsound sub-flooring and support beams due to rot and past termite damage. The builder recommends building an entirely new structure on the existing foundation. As a result, ! am writing to request that our application for a 50% tear down and renovation be revised to a full demolition. The new structure will still use the existing foundation which remains sound and adequate for the intended addition (Please see the attached certification). Thank you, Tim Wood 59945 MAIN ROAD SOUTHOLD, NY 11971 PHONE: (631) 765-2075 F32~: (631) 765-5715 CELL (516) 398-8753 PeG. Dec. 22, 2008 Mr. Michael Verity Building Department Town of Southold, N.Y. Wood Residence 340 Locust Lane Southold, N.Y. 11971 Proposed Addition to existing One and one half Story Residence Foundation Wall Certification Dear Mr. Verity, I hereby certify that the existing 8" Masonry wall at the above referenced project is adequate for its intended proposed purpose. If there are any questions please call. Thank you. ~lncl~reiy~ For Office Use Only Fee: $ Filed By: Date Assigned/Assignment No. Office Notes: ID pF APP~L.q; ParcelFlouseNo._~Street L~0,~T L~N~ Hamlet Lot Size~ Zone SCTM 1000 Section~Block~ Lot(s)~ I(WE) APPEAL THE ~TTEN DETE~INATION' OF T~ BVILD}~ INSPECTOR DATED: ~ Oc~ ~ 2OO~ /_~ /~ [~ Applicant/Owner(s): ~V~ ~* ~N~ ~'~ Mailing Telephone: NOTE: In addition to the above please complete belosv if application is signed by applicant s attorney, agent, architect, builder, contract vendee, etc. and name of person ~sho agent represents: Authorized Representative: for ( ) Owner, or ( ) Other: Address: Telephone: Please check box to specify who you wish correspondence to be mailed to, from the above names: Applicant/Owner(s) [] Authorized Representative [] Other Name/Address: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED FOR: ~/~uilding Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [3 Change of Use [] Permit for As-Built Construction []Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code. ,/ Article Section 280- / c~y Subsection Type of~ppeal. An Appeal is made for: jIg~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 [] hasJl~as not been made with respect to this property UNDER Appeal No. Year · .' (Please be sure to research before completing this question or call our office to assist you.). Name of Applicant: CTM # ZBA File # REASONS FOR APPEAL (additional sheets tna¥ be used with preparer's signature): AREA VARIANCE REASONS: An undesirable change will not be produced in the CHARACTER of the nei detriment to nearby properties if granted, because: hborh~o~F-~-'~ (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: (3) The amount of relief requested is not substantial because: (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: Has the alleged difficulty been self-created? ( )Yes, or ~o. Are there Covenants and Restrictions concerning this land: ~No. [] Yes O~lease furnish cot~v). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING RE~UESTED, AND PLEASE COMPLETE THE A.TTACHED USE VARIANCE SHEET: (Please be sffff~'~ofsu~t your attorney.)/ Sigmiture of ~ppellant or Authorizdd A~ent (Agent must submit written Authorization from Owner) Sw°rn t° bef0re 7:~h~ ~? ~ day of N otaly~P~u~'~~'''~''~9 ~ P~lic, State of Ne~ Y~d~ No. 02AT6013524 aua~n s~o~Co,.~_ t 0 An undesirable change will not be produced in the characte of the ~igh~h0od, Instead, the renovation will improve the neighborhood, sin e the preexisting dwelling is disintegrating. Demolishing the current struct~ make the house structurally sound and more attractive. Thenew dwelling_~fill decrease the footprint and improve the setbacks. By keeping the house located on the existing foundation, we will not only be able to make use of what remains sound and good of the preexisting structure, but we will also be able to keep the house on the comer of the lot naturally buffered fi.om other properties by streets. Additionally, in our effort to conform to existing setback regulations as much as possible while still making use of the existing foundation, we will not rebuild the enclosed porch, increasing the setback on the east side of the house abutting the street that lets out onto the main road. This improvement will not only make the street view more appealing but also make the street comer of Locust and Kom much safer. Rebuilding the house on its current site according to the enclosed plans will benefit us, our neighborhood, and the town. 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 the preexisting structure does not conform to preexisting setback regulations and cannot be moved without great cost and a detrimental change to the property and the neighborhood. The current foundation of the house is the only part of the house that is sound and can be effectively used. Constructed from original Sage brick it also has some aesthetic and historic value which we would like to maintain. Additionally, we cannot afford to move the house fi.om its current location in order to meet present setback regulations. To do so, we would have to fill a perfectly sound foundation and dig a new one. Because the property behind the house has been re-graded, we would also have to re-grade our entire plot, raising it at least several feet. Even if we could afford to re-grade, such a major change would make the construction far more protracted and disruptive for the neighborhood. The change would also negatively and severely affect our adjacent neighbor who would then be flanked by above grade properties on two sides. While requesting a full demo requires a significant commitment on our part and feels substantial to us because it will naturally improve our and our children's daily lives, it is not substantial fi.om a construction standpoint. As several builders have told us, it would be less costly and less time consuming to tear down the existing structure and start from scratch than to repair and improve what has been badly constructed. In our plans to rebuild, we have made every effort to maintain the relative size and character the house. We are asking to keep the existing foundation, to improve the setbacks where we can, and rebuild a modest dwelling that decreases the size of the footprint while still meeting our growing family's long term needs. 4. The variance will not have an adverse effect or impact on the physical or environmental conditions of this charming old neighborhood where many of the houses do not meet current setback regulations. We hope to benefit the neighborhood and the environment in general by rebuilding a dilapidated structure and bringing a disintegrating dwelling up to current building codes. As it stands, the house has eroded to the state that it has become unsafe and, despite our best efforts to maintain it, an eyesore. We live with rats and mice, freezing pipes, a leaking roof, rotting sills, and a harrowing musty odor most of the year. There is no foundation under half of the house and part of the floor is caving in. There is no insulation in the walls and decaying siding that creates leaks, rot, and habitats for all sorts of critters. None of this is good for us, the neighborhood, or the environment. We are making every effort to conform to current building codes while making the structure habitable and affordable for the long term. The renovation will give us an opportunity to make the house sound, attractive, and energy efficient. Improving the house is beneficial to ail concerned. APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) I. For Demolition of Existing Buildim, Areas Please~describe arqas being r¢moved: ~'O4m~ [;~L ~'~:3 H. New Construction Areas ~ew D~e~ng or New Addition~ensions): Dime~i~s of fi~t floor extension: <a&~ ~% Di~nsions of new second fl~r: ~ ~c (~ Dim~sionsoffloorabovese~ndle~l: ~ ~e~. Height (~om finished ~o~d to top of ridge): ~o& ~ basement or low~t floor ~ ~ing contend? If yes, pl~se pro~ height m~ured ~om na~al existing ~de ~ fi~t fl~r: HI. Proposed Construction Description (Alterations or 8tru~ural Changes) (a~ch ex~ sheet ifn~s~) - Please des~be bulling ~ms: Number of Floors ~d General Ch~actefisfics BEFO~ Alte~tio~: Num, ber °f F?°rs~and Changes WIT[fl 61tera}ipns: ~- Calculations of building areas and lot coverage (from Exis~g sq~re foo~ge of buildings on yo~ pro~: Propo~d increase of building cov~age: Sq~re foo~ge of your lot: 7: VI. Please describe the land contours (fiat, slope %, heavily wooded, marsh area, etc.) on your laud and how it relates to the difficulty in meeting the code requirement(s):. _2'l,-o-c~.~t~ _of2_~_~/a.w~:.. a._ · ..... ~_'..- .~.~.-~7 Please sulhnit seven)~) photos, label[ed to showy different an~les i,r~ ailr~ere~-~iig-c~r~erl- for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 QUESTIONNAIRE FOR ~G WITH YOUR Z.B.A. APPLICATION Is the subject premises listed on the real estate market for sale? ID Yes XNo Are there any proposals to change or alter land contours? ,~l~No [3 Yes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses? ~ ~.~ 2) Are these areas shown on the map submitted with this'aI~plication? 3) Is the property bu kheaded between the wet s ea and the upland'b~i~d~'ng area9 4) If your property contains wetlands or pond are~, ha'velry~j,~ontacted the office of the Town Trustees for its determination of juris~c~i~~ Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit wi'{h-c~&'tions and approved map. D. Is there a depression or sloping elev. ati~rl~near the area of proposed construction at or below five feet above mean sea level'? E. Are there any patios, concrete barriers, bulkheads or fer~cjs,~aat exist and are not shown on the survey map that you are submitting? ~U (Please show area of these structures on a diagram if any exist. Or state "none" Ol~ the above line, if applicable.) F. Do you have any construction taking place at this time concerning your premises? ~ If yes, please submit a copy of your building permit and map as approved by the Bmlding Department and describe: G. Do you or any co-owner also own other land close to this parcel? ~ If yes, please label the proximity of your lands on your map with this application. H. Please list present use or ope~tions conducted at this parcel __ __~o/~,~ proposed use __ __ __ ~.._..(,~m.~ existing: single-fan~y;-- proposed: same with garage or pool, or other description.) i~thoJized Si~a~re and Date / / 2/05;1/07 ~ P~I~, State ~ N~ Y~ No. 0~T6013524 T'ow, n of Southold INSTRUCTIONS 1 LWRP CONSISTENCY ASSESSMENT FORM All applicants for permits* including Town of $outhold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfi-ont Consistency Review La;v. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *£xce£~ minor exempt actions i~cluding Building Permits and otl~er ministerial permits not located wittlin the ('~)astal Erosion Hazard Area. Before m~swermg the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained m the Town of Southold Local Waterfront Revitalization Program. A proposed actiou will be evahiated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and couditions contaiued in the consistency review law. Thus, the action should be analyzed in more detail aud, if necessary, ~nodified prior to making a determination that it is consistent to the maxhnum exteut practicable with the LWRP policy standards m:td conditions. If au actiou carmot be certified as consistent with the LTM policy standards aud conditions, it shall not be undertaken. A copy of the LYVRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees O flice, the Plamfing Department, all local libraries aud the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION The Application has een sut*mdteo to (check approptSate response): TownBoard [] PlanningBoard[-'] Building Dept. ~ BoardolTrustees [] 1. Category of Town of Southold agency action (check appropriate response): (a) Action tmdertaken directly by Town agency (e.g. capital [~] construction, planning activity, agency regulation, land transaction) [--] (b) Financial assistance (e.g. grant, loan, subsidy) - -(Sy-' ]?6mfit, approval, c~, c~tiSatior~i Nature and extent of action: Location of action: Site acreage: _/~] 0 ~ ~, ~ ~--' 0,, 2~1~ C ~.~' Present land use: ~~ Present zo~fing classification: ~'~ If an application for the proposed action has been filed with the Town of Southold ageocy, the l~,llowing information shall be provided: (b) Mailing address: (d) Application nmnber, if any: Will the action be directly undertaken, require flmding, or approval by a state or federal agencs? Yes [~ No [~ if yes, which state or federal agency? C. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances com[nunity character, preserves open space, makes efficient use of infrastrncmre, makes beneficial use Of a coastal location, and minimizes adverse effects of developnreut. See LWRP Section III - Policies; Page 2 for evaluation criteria. []Yes ~] No ~Not Applicable Attach additional sheets if necessary ~h=cy~2..Tr¢lecf and~re~'~rF~ hi~I6?fc a-fid arclifi~61~gicai re~i)-nrces of'th~ oTbw~I-S~hTh~id. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria A[tac,h, ad'ditionaI sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the LWRP Section III - Policies Pages 6 through 7 for evaluation criteria [] Yes [--] No [~Not Applicable Town of South01d. se~ Attach additional sheets if necessaxy IN 1 Al URAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from llooding and erosion. See LWRP Section III - Policies Pages 8 throngh 16 for evaluation criteria Yes [~ No ~ Not Applicable Attach additional sheets if necessary Policy 5. Protect and iinprove water quality and supply iu the Town of Southold. See LWRP Section III - Policies Pages 16 throu~gh 21 for evaluation criteria [~ Yes [~ Noi~/~lNot Applicable -\ Attach additional sheets if necessary Policy 6. Protect anti restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See ~WRP Section III - Pohcles;. Pages 22 'thrOugh $~ for ~vahia~0n-~-]~{i~. - .................... Policy 7. Protect and improve air quality in the Town of Southold, seeL~'wRF";g~i-6h-~_~olicies Pages 32 through 34 for evaluation criteria. [~ Yes [] No'Not Applicable Attach additional sheets if necessary Policy 8. Minitnize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. Xes [] No ~¢] Not Applicable PUBLIC COAST POI,ICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Soutbold. See L%'RP Section III - Policies; Pages 38 through 46 for evaluation criteria. [] Yes [] No Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent Uses in suitable Iocations..tSee LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. -'~--[Y~ ~ No '~WNbf AP-Plffaq61e Policy 11. Promote sustainable use of living marine resources in Long Island Zu°uUu,~-~cP~ry and Town waters. See LWRP Sectioo III - one]es; cages 57 tbrough 62 for evaluation criteria. ~] Yes [] NoVNot Applicable Attach additional sheets if necessary Atiach additional sheets if necessary Policy 12. Protect agricultural lands in tbe Town'of Sonthold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. Yes [] A,, lieab,e Attach addilional sheets ifncccssaiy Policy 13. Promote approl)riate usc and development of energy and nfineral resources. See LWRP Section llI- Policies; Pages 65 through 68 for evaluation criteria. Yes [] No [] Not Applicable Created on 5/25/05 ] i :20 AM 617,21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAZ ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - Project Information (To be complete by Applic,'mt or Project sponsor) 1. Applicant / Sponsor 2. Project Name 3. Project location: Municipalih/ Counh/ 4. Precise location (Street address and road intersections, prominent landmarks, etc. or provide map) 6. Describe project bhefly: 7, Amount of land affected: 8. Will proposed action comply wfl~ existing or other e~sting land use res~ictions:( ) YES ( ) NO ~f No. describe bneflT: 9. What is present lafd use in vicinity of project: (describe): (~%sidential ( ) Industrial ( ) Commercial ( ) Agricultural ( ) Pa~Fores~Open Space ( ) Other 10, Does action Involve a permit approval or funding, now or ultimately from any other Governmental agency,(Federah State or Local) ? YES 3oes ~y aspect YES ~ NO if Yes, list agency(s) and pemlit/approvals: 11. Does any aspect of the action have a currently vatid pem~it or approval? If Yes, list agency(s) and permit/approvals: 12 As a result_ o,.~roposed action, will existing permit/approval r]quire modification? [( )YES (~NO If Yes, list agency(s) and permit/apptva,s: ] //~lcep that the informatio~provided above is true to the best of my kn, owledge "),,,'~,']Appllcant/Sponsor Name: ) '""~' I~'''~ \ {X,.¢~ Date:' '1~'1 ~';' ~'1 / x./ ' I -- '11o ~¢.AT6018524 ~, j Signature: If the action is in the Coastal Area, and you are a state agency, comp ere the Coastal Assessment Form before proceeding with this assessment AP~- T ~R~. SACTIONAL DISCLOSURE FO~ I'LICABL~o OWNER, CONTRACT VENDEE Ai-~AGENT: The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. (Last name, first name, middle initial, unless you are applying in the name of other entity, such as a company. If so, indicate the other person or c NATUILE OF APPLICATION: (Check all that apply.) Variance Special Exception *Other Approval or Exemption from plat or official map Change of Zone Tax Grievance *If "Other" name the activity: se or Do you personally (or ttu-ough your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationshi "includes bD. blood marri~ interest. "Business i " - ~ ~ nterest- means a business inqludin~! pa~nership, in which the T~wn officer or em Io ee has eve~)artial ownershit~ of ~ ~~oralion in wbich the To~ officer or employee owns m ' o ~ ........... ce ow~ mine than 5% o/~bc ~/'you attswered "}TfS", complete the balance qf this form attd date and sign where indicated. Name of person employed by thc Town of Soutbold: Title or position of that pe~ st}n: ............... Describe that relationship between yourself (the applicant, agent or contract veodee) aud the Town officer or employee Either check Che appropiqate line A through D (below) anckor describe the relationship in the space provided. The Town officer or employee or his or her. spouse, sibling, parent, or child is (check all that apply): ..... A) the owne~ of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporatiou); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); ~__ C) an officer, director, partner, or employee of the applieaot; or ~ D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this ~ day of Signature: Print Name: TOW Or SOVTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown.NorthFork.net Examined ,20 Approved Disapproved a/c ,20 PERMIT NO. BUILDING PERMIT APPLICATION CHECKLIST ~~.'~Ir~ha~ or need the following, before applying7 .......... , -, 'a.~ Bqard of Heal~ 4tets of Building Plans ~. . t, i Pthnning Board approval ::~'[° ?'-W'ff S~rvey Septic Fom N.Y.S.D.E.C. Trustees Flood Pemit Store-Water Assessment F6m Contact: Building Inspector APPLICATION FOR BUILDING PERMIT Date INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of p.~ans, 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, a,nd waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or'in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the ~ork authorized has not commenced within 12 months after the date of issuance or has not been completdd within ! 8 mdnths 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,/n writing, the extension of the permit for an addition six months. Thereafter, a ney,/permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (Signature o~rapplicant or name, ifa corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises 7'7/~'/ t' ~/'//~ 14dOOO (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. Location of land on which proposed work will be done: "g O°Tz/ 0 I-D House Number Street Hamlet Block ' Filed Map No. Lot ~ County Tax Map No. 1000 Section Subdivision Lot 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ! F/~; ~-~' b. Intended use and occupancy It 3. Nature of work (check which applicable): New Building_ Repair Removal Demolition 4. Estimated Cost Fee 5. If dwelling, number of dwelling units If garage, number of cars Addition Other Work Alteration (Description) (To be paid on filing this application) Number of dwelling units on each floor If business, commercial or mixed occupancy, specify nature and extent of each type of use. Dimensions of existing structures, if any: Front ~ O, ~, Rear Height /'7 i Number of Stories ! Depth_ ,.~, ~ Dimensions of same structure with alterations or additions: Front 9. Size of lot: Front 10. Date of Purchase Depth ~ ,~-,~,~' Height "2 3 Dimensions of entire new construction: Front -- Height ,- Number of Stories Rear 20 Number of Stories ,,'2. Rear -- .Depth Rear /DO ' .Depth 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 v'/ 13. Will lot be re-graded? yES__ NO v/Will excess fill be removed from premises? YES 14. Names of Owner of premises 7'/Pq IMO00 Name of Architect ~,~R Name of Contractor NO Address 3 ~ LO~:o ST' .~,~Phone No.6~/-'~-(--.- 6 ~ ~ ~ Address,.O~_~¢- ~.4,,'Y/,M /~4 Phone No~ftJ~L~f~l~ Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES__NO 'V * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet ora tidal wetland? * YES__ NO__ * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES · IF YES, PROVIDE A COPY. NO v STATE OF NEW YORK) SS: COUNTY OF ) (Nmne of indivilJuaI signing contract) being duly sworn, deposes and says that (s)he is the applicant above named, (S)He is the (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file th/s application; that all statements contained in th/s 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. Notary Public 20 O0 /~nn-ZZ~-Z-z/-TOWN :OF SOUTHOLD PIiOPERTY RECORD CARD ~o~ ~,~~,~a~. ~ .~ ~._ ~; /,~ _42 ] c ' S W' - [ WPEOF BUILDING / I Est. RES. o~,/~ iEAS. VL. FARM COMM. IND. CB, MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS ~' " ~- .~ ~ /g r) I?,O0 ~ ,.-'~ /~//¥/7~ ,~. AGE NEW Form Tillable ] Tillable 2 Tillable. 3 Woodland Swampland Br~hlqn ~d~_~ House Plot NORMAL Ac re BUILDING CONDITION BELOW Value Per Acre ABOVE WATER Value FRONTAGE ON ROAD BULKHEAD DOCK Bldg, :ension 'ension ensJon .2~ <-/~'t3 Foundation /./Z'~.~ Basement Ext. Walls Fire Place Porch Porch ezeway Patio 'age Drivewoy ' -2¢/¢ [Bath Floors Interior Finish Heat Roof Type Rooms 1st Floor Rooms 2nd FloOr Dormer DATE: 11-05-08 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing ZBA # NAME OF APPLICANT CHECK # AMOUNT TC DATE STAMP #6244 WOOD, TIMOTHY #1702 $600.00 RECElYED Soul ;hold Town Clerk TOTAL $600.00 Sent via Inter-Office to Town Clerk by: __ Thank you. PMK 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.nor~hfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville November 10, 2008 Zoning Appeal No. 6244 Transmitted herewith is Zoning Appeals No. 6244 of Timothy Wood & Mira Douehertv- Johnson- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, LWRP Consistency Assessment Form, Short Environmental Assessment Form, Transactional Disclosure Form, 5 Pages of Photos of House As it Exists & Staked area of Changes, Notice of Disapproval from Building Department Dated October 9, 2008, Copy of Application for Building Department Dated October 4, 2008, Copy of Property Record Card (Both Sides), Copy of Survey Showing Existing Construction Dated August 28, 2008 Prepared by Peconic Surveyors, P.C., Copy of Survey Showing Existing & Proposed Construction Dated October 30, 2008 Prepared by Peconic Surveyors, P.C., 4 Pages of Floor Plans Showing Elevations & Floor Plans Dated October 6, 2008 Prepared by Ira Haspel Architect, P.C. Date: 11/07/08 Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Rec Transaction(s): 1 1 Application Fees Reference Subtotal 6244 $600.00 Check#: 1702 Total Paid: $600.00 Name: Wood, Timothy C. 340 Locust Lane Southold, NY 11971 Clerk ID: CAROLH Internal ID: 6244 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of (Name of Applicants) t..) I CTMP roe # O0O- ¢2. - OZ - -X AFFIDAVIT OF MAILINGS COUNTY OF SUFFOLK) STATE OF NEW YORK) I, '~V~. ~,~g:x::~J- residing at ~fllO ~:,~,.U$~' [.~ut~l~ew York, being duly sworn, depose and say that: On the ~0~ day of .~ , 20~, I personally mailed at the United" States Post Offi~ in ~,~ ~ New York, by CERTIFIED MAIL,, RETURN RECEIPT REQUESTED, a tree copy of the atta~ed L~al Notice io prepaid envelopes addressed to cu~ent owners shown on ~e ~rrent assessment roll verified from the offibial re~r~s ~file with the ~ Assessors, 'or ( ) County Real Properly Office ~ I~ ~ , for eve~ properly which abuts and is across a public or private stree~or vehicular right-of- way of record, surrounding the applicant's properly, ~ (Si~naturo) Sworn to before me this ~. "/day, of ~.~'~l~d/~.~, 200 ~NNEA J. Nola~ Publ;¢, Slate of Ne~ No. 02AT6013524 PLEASE list, on the back of this Affidavit or on a sheet of paper, the ot numbers next to the owner names and addresses for which notices were mailed. Thank you. $1.00 0~1 $ $Z.70 76 $2.20 $ $5.90 11/30/2009 ~..20 Hem $5.90 01/30/2000 rn $2.70 S5.90 01/30/20~ ,~J ,,~aF~F~t~CIAL USE $1,00 0~71 ~.70 76 S 2. ~-'~'~'~'~'~'~'~'~ 0 Here $ $5.~0 01/30/200~ Postage ~.~;~;,~ ...................................................................... POStage $ SI,IX) 09'71 Cor~f~d Fee $2. ?0 76 postmark $2.20 $ $5,90 01/30/2009 ~ ~% ~.~.__s..~..~.~ ................................ 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 ooo- - 2-(w__,_ ........... x COUNTY OF SUFFOLK) STATE OF NEWYORK) .~t./O l~u,llr [~ ~l~J~JNew York, being duly sworn, doposo and say that: On tho ~ day o~ ~..... , 200~, I porsonally placed tho lown's official ~ostor, with tho 0ato o[ hoadnfl and naturo o~ my application. ' notod ~oroon, so~roly upon my propody, Iocatod ton(~ O) loot or closor from tho ~troot or ~ht~f-way {drNowag onCance) - facin~ tho s~oot or facino oa~ stroot or d~ht-o~-way ontranca;~ and that AFFIDAVIT OF SIGN POSTING '_~ I hereby confirm that the Poster has remain place for seven, days prior to the date of the subject hearing date, wh~c?7~ln~g ~ow, to be ~ignature) SwOrn to before me this 5 day of '~'~ 200'~. '~N'otaYy'Publi~) ' ta~ PubtJc, $~ate o~ New Y(31il No. 02ATC013524 *near the entrance or driveway entrance of my property, as the area most visible to passersby. · Complete items 1,2, and 3. Also complete item 4 if Reet~cted Delivery Is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mallpiece, or on the front if space permits. 1. /uticle Addressed to: B. Received by (pHnted Name) C~Oate of Delive~ D. Is ~~mitem 17 [] Yes [] Insured Mail [] C.O.D. 4. Restricted Daiivery? (Extra Fee) [] yes 2. Article Number {Transfer from service label) PS Form 3811, February 2004 7008 1830 0004 5083 0524 ~¢ Return Receipt · 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 tatum the card to you. · Attach this card to the back of the ma[tpiece, or on the Wont if space permits. 1. Artiaie Addressed to: m Agent [] Addressee Date of Delivery [] Yes [] No FEB 02 2009 [] Insured MaLl [] C.O.D. Mail :for Merchandise 4. Restricted Delivery? (Extra Fee) [] yes 2. ArUcleNumber 7008 1830 0004 5083 0531 ~rans fer from ser~i~e labe/) ~ PS Form 3811, February 2004 Domestic Return Receipt 102595~2-M-1540 · Complete items 1, 2, and 3, Also complete item 4 if ResMcted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: )y (pHnted Name) D. is daiive~eddm~sdifferentfromitem 17 [] Yes if YES, e~t~ delivery address below: [] No 2. Article Number (Transfer frorn service PS Form 3811, FebrumY 2004 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressedto: Agent Addressee ~y (Pdnted Name) C. Date of Delivery [] Yes [] No FEB 03 2000 ! Registered )t for Merchandise [] Insured MaLl [] C.O.D. DYes 2.~Numb~ 7008 1830 0004 5083 0548 ~ from servlce label) PS Form 381 1, February 2004 Domestic Return Receipt 10259...-~-M-1540 Complete items 1,2, and 3. Also complete item 4 if Restricted Delivery is desired. Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to~ If YES, enter delivery add~ ~ 3. S~/ice Type Cellffied Mail [] Express Mail ~CRegistered i-1 Retum Receipt for Merchandise [] li~ured Mail [] C.O.D. 4. Restricted Delivery? (Extra F6e) [] Yes 2. Article Number ¢rr~n~o,.s~a~O 7008 1830 0004 5083 0500 PS Form 3811, February 2004 Domestic Retum Receipt 102595-02-M-1540 To: Members of the ZBA From: The Neighbors of Tim and Mira January 2009 Dear Members of the ZBA: The undersigned want to express their enthusiasm for the full demolition and rebuilding of the house on 340 Locust Lane. We believe that a new house located on the same footprint will improve the property and the neighborhood. We look forward to seeing the plans accepted and the project promptly completed. Thank you for considering our opinions in your deliberations. Tim and Mira have our full support and the project has our collective blessing. Sincerely, Address N~e l~amd Add.ss '^ddress Address Name Address Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, FEBRUARY 19, 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~ FEBRUARY '19~ 2009: 10:00 A.M. TIMOTHY WOOD and MIRA DOUGHERTY-JOHNSON #6244. Request for Variances under Section 280-124, based on the Building Inspector's revised December 30, 2008 Notice of Disapproval concerning a proposed new single-family dwelling (after demolition of the existing building) in a location with front yard setbacks at less than 35 feet, on this 10,067 square foot parcel. Location of Property: 340 Locust Lane (and Korn Road), Southold; CTM 62-3-26. 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: January27,2009. 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 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net January ,2009 Re: Town Code Chapter 55 - Public Notices for Thursday, February 19, 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 February 1st 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 mailinq address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or durinq the headn.q, providinq the returned letter to us as soon as possible; AND not later than February 9th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and furnish it to our office with the white receipts postmarked by the Post Office. When the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later February 9th: 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 February 16, 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. STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1__ week(s), successively, commencing on the 5th day of February, 2009. al Clerk Sworn to before me this q day of ~'~/~ 2009. LEGAL NOTICE SOUTHOLD TOWN ZONENG BOARD OF APPEALS THURSDAY, FEBRUARY 19, /009 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, Fur- FEBRUARY 19, 2009: 12 and 280-124. based on the Building Inspector's amended October 10. 2008 Notice of Disapproval and the owner's request for a building permit to con- struct a new single-family dwelling and a new accessory building proposed with a noficonformlng use (after demolition of Lite existing dwelling and existing 280-~'~-and 2gO-i~t, hased on the l:~shers Island; CFM Parcel 10-8-7 & ~ (merged lot). CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK NO, 01-VO6105050 Qualified In Suffolk County ~ AM. PHYLLIS KAUFER # 6240, Request for a' Variance under Section 280-15c. ba~ed on the Building Inspector's October 6. 2008 Notice of Disapproval conce raing a proposed two- 1'30 P.M. LLOYD KAPLAN # 6221 (carryover, pending, alternative plan or other information from applicant). Swimming pool at less than 40 feet from front Fmc adjacent to street, (2) lot cov- erage exceeding 20% code limitation on this 14.679 square feet of land area feet from the existing bulkhead ad)ac~nt to Orient Harbor. at 12580 Main Road. East Marion: CFM Parcel 1000-31-14- 10~00 ]if~M, *i'IMO'FHY 'WO°D ~md NOTIC OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: MAP #: VARIANCE: NAME: WOOD, T. & DOUGHERTY- JOHNSON, M. #6244 62-3-26 FRONT YARD SETBACK REQUEST: ADDITIONS (PARTIAL DEMO) DATE: THURS, FEB. 19, 2009, 10:00 AM If you ar.e interested in this pro!ect, you may review the file(s) prior to the hear, ng dur, ng normal bus,ness days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 DEPARTMENT OF PLANNING COUNTY OF SU j[OLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE December 5, 2008 RECEIVED DEC 1 1 008 ZONING BOARD OF APPEAL~ THOMAS ISLES, AICP DIRECTOR OF PLANNING Town of Southold ZBA 53085 Main Rd., P.O. Box 1179 Southold, NY 11971 Att: Mr. Gerry Goehringer, Chair Dear Mr. Goehringer: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval Applicants Municipal File Numbers Hughes, Michael & Therese* Moskowitz, Jacqueline Kanfer, Phyllis Bergamini, Robert & Margaret R & B Anello Faga, Kevin & Jeanine Wood, Timothy Cardinale Jr., Alan & Jeanne Hobbs, Diane & Henry Topper, Lewis 6236 6238 6240 6241 6242 6243 6244 6246 6247 6248 *The requested variance appears to be an unwarranted over-intensification of use and the Board should proceed with caution so as not to establish a precedent that could undermine the Town's Zoning Code. TRK:ds Very truly yours, Thomas Isles, AICP Director of Planning Theodore R. Klein Senior Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631 } 853~4044 Office Location: Town Annex/First Floor, Noah Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) ?65-9064 November 10, 2008 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File # 6244 Applicant's Request: Within 500 feet of: Owner/Applicant: Wood, Timothy Setback (x) State or County Road ( ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of existing/proposed County, State, Federal land ( ) Village, Town or County Line. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Gerard P. Goehringer ZBA Chairman ........ NOTC£ ~ COUNTY OF SUFFOLK (~) I .~i < I~'"~' SOUTHOLD [ SECTION NO .- - I ...................... I~ Real Property Tax Service Aoency I' ~~-. ~ i ~ ~ ~