HomeMy WebLinkAbout1000-139.-1-23 OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cot. Main Rd. & Youngs Ave.)
Southold, NY 11971
,/
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
Telephone: 631 765-1938
Fax: 631 765-3136
LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD
MEMORANDUM
To: Gerard Goehringer, Chair
Town of Southold Zoning Board of Appe~
From: Mark Terry, Principal Planner
LWRP Coordinator
Date: April 21, 2009
Re:
ZBA file Ref. No. 6269 (McClure)
Location: 435 Westview Drive, Mattituck, adjacent to Long Creek
SCTM 1000-139.-1-23
Request for Variances under Section 280-124 based on the Building Inspector's November 24, 2008 Notice
of Disapproval conceming proposed deck construction (surrounding pool) which will be less than the code
required minimum single side yard setback of 15 feet and less than the minimum required combined side
yards of 35 feet, hfter removal of an existing preexisting deck.
Note, that the Board of Trustees issues a Letter of Non-iurisdicfion for the proposed action on May
29, 2009 pursuant to Chapter 275 Wetlands and Shorelines and Chapter 111 Coastal Erosion l]az~rd
Area.
The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of
Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based
upon the information provided on the LWRP Consistency Assessment Form submitted to this department,
as well as the records available to me, it is my recommendation that the proposed action is EXEMPT fi.om
LWRP consistency review pursuant to § 268-3. Definitions of the Southold Town Code which states:
MINOR ACTIONS -- Include the following actions, which are not subject to review under this chapter:
B. Replacement, rehabilitation or reconstruction of a structure or facility, in kin& on the same site,
including upgrading buildings to meet building or fire codes, except for structures in areas designated
by the Coastal Erosion Hazard Area (CEHA) law where structures may not be replaced, rehabilitated
or reconstructed without a permit.
Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation
in preparing its written determination regarding the consistency of the proposed action.
Cc: Jenifer Andaloro, Assistant Town Attorney
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 117
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 Fax,
Mark Terry, Senior Environmemal Planner
LWRP Coordinator
Planning Board Office
Town of Southold
Town Hall Annex
Southold, NY 11971
Re: ZBA File Ref. No. 6269
,c t: ~, - .. 2009
Dear Mark:
We have received an application for
as
Disapproval under Chapter 280
are attached for your reference.
of a deck addition and pool surround,
of the Building Inspector's Notice of
and survey map, project description form,
May we ask for
req
:ion with recommendations for this proposal, as
;ection 268-5D.
Thank you.
Very truly yours,
Gerard P. Goehhnger
Chairman
Encls.
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
NOTICE OF DISAPPROVAL
DATE: November 24, 2008
TO: Eric McClure
435 Westview Dr.
Mattituck, NY 11952
Please take notice that your application dated November 10, 2008
For a permit for reconstruction of a deck addition & pool surround at ~
Location of property: 435 Westview Dr., Mattituck
County Tax Map No. 1000 - Section 139 Block 1 Lot 23
Is returned herewith and disapproved on the following grounds:
The proposed additions to a single family dwelling on a non-conforming parcel, are not
permitted pursuant to Article XXIII Section 280-124 which states:
"This section is intended to provide minimum standards for granting of a building permit
for the principal buildings of lots which are recognized by the town under 280-9, are
nonconforming and have not merged pursuant to 280-10."
Lots measuring between 20,000 & 39,999 shall have a minimum side yard setback of
15'and a total side yard setback of+/- 35'.
Following construction, the dwelling will have a single side yard setback 0£4.2' & a total
side yard setback of+/- 12.9.
These setbacks are pre-existing and non-conforming.
Authorized Signature
MONUME~IT
MONUMENT
MONUMENT
MONUMENT
FLOOD PLAIN INFORMATION
FLOOD INSURANCE RATE MAP
COMMUNITY NUMBER
pANEL SUlk'IX
TOWN OF
SOUTHOLD 360813 04~1 O
M/da NUMBER 36t03C0481 O
EFFECRVE DATE MAY 4, 1998
pARCEL IS IN ZONE X (NO BASE FLOOD ELEVATION)
SURVEY OF PROPERTY
SITUATE AT
MATTITUCK, TOWN OF SOUTHOLD
SUFFOLK COUNTY, NEW YORK
SCTM 1000-1,.39.00-01.00-02,3.000
ELEVATIONS ,AND FLOOD INFORMAI'~ON ADDED SEPTI':],/BER 2,~, 2007
SURNEYED DECEMBER 5, 2005
Al aeqT W. TAY ""--'""-"'----'
LICENSED LAND SURVEYOR
(516) ~.~3-;}725 FAX (516)
BERTRAM F. N.tEN CE
Bir..~l~M F. ALLEN dr
r=~o' - I 07177
APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS
'Fee: $
tOffice Notes:
__ Fried By:.
For Office Use Only
Date Assigned/Assignment No.
ParcelLocation: HouseNo. 4)5 Street Westview Drive Hamlet i¥~attituck
SCTM1000 Section 139Block I Lot(s) 23 LotSize 0. Sac Zone District ~-40
I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR
DATED: Nov 24, 2007
Applicant/Owner(s): Eric NcC lure
Mailing
Address: 423 4th Street, Brooklyn, NY 11215
Telephone: 718-369-9771
NOTE: If applicant is not the owner, s~ate if applican~ is owner's attorney, agent, architect, builder, contract vendee, etc.
Authorized Representative: James E. Fitzgerald, Jr. - Pro~er-T Permit Services
Address: PO Box 617, Cutchogue, NY 11935
Telephone: 631-734-5800
Please specify who you wish correspondence to be mailed to, from the above listed names:
[] Applicant/Owner(s) [XAuthorized Representative [] Other:
WHEREBYTHE BUILDING INSPECTOR DENIED AN APPLICATION DATED 1 0/25/07
FOR:
~ Building Permit
[] Certificate of Occupancy [] Pre-Certificate of Occupancy
[] Change of Use
[] Permit for As-Built Construction
Other:
Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph
of Zoning Ordinance by numbers. Do not quote the code.
Article XX I I I Section 100- Subsection
28 O- ~--'2"~:F'
Type of Appeal. An Appeal is made for:
~ Variance to the Zoning Code or Zoning Map.
[] A Variance due to lack of access required by New York Town Law-Section 280-A.
[] Interpretation of the Town Code, Article Section
[] Reversal or Other
A prior appeal ~has [] has not been made with respect to this property UNDER Appeal
No. 3~801Zear 198~ .
Appeal Application, Continued
Part A: AREA VARIANCE REASONS (attach extra sheet as needed): See attached sheet.
(1) An undesirable change will not be produced in the CHAR,-kCTER of the neighborlmod
or a detriment to nearby properties, if granted, because:
(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:
(5) Has the variance been self-created? ( ) Yes, or ( ) No. If not, is the construction existing, as built?
( ) Yes, or ( )No.
(6) Additional information about the surrounding topography and building areas that relate to the difficulty
in meeting the code requirements: (Please attach separate sheet.)
This is the MINIMUM that is necessary and adequate, and at. the same time preserves and protects the
character of the neighborhood and the health, safety, and welfare of the community.
( ) Check this box and complete PART B, Questions 8, 9, and 10 below if USE VARIANCE STANDARDS
apply. (Please consult your attorney.) Other~vise, please proceed to the signature and notary area below.
Part B: REASONS FOR USE VARIANCE (if requested):'
For Each and Every Permitted Use under the Zoning Regulations for the Particular District Where the
Project is Located (please consult your attorney before completing):
(7) The applicant CANNOT realize a REASONABLE RETURN because: (describe on a separate sheet).
(8) The ]~DSHIP relates to the property and does not'appl}7 to a substantial portion of the district or
neighborhood because: (describe on a separate sheet).
(9) The relief requested will not alter the essential CHARACTER of the neighborhood because: (describe
on a separate sheet).
The spirit of the zoning ordinance will be observefl
The public safety and weffare will be secured a~
(
Sworn to b~ore me this
~) '-~day~ of ~f~4~ 200.Oc7.
(Notary Public) '
~re of App"Ltl~fit or.
must submit Aul
LINOA J coOPER
LIC, State o4 NeW York
t, IO~/~R¥ pUB _.~.o SuffOlk Count~
~erm
~thorized Xgent'-~-~
.,ation from Owner)
ZBA App 08/02
Applicant: Eric McClure
REASONS FOR AREA VARIANCE:
1. An undesirable change will NOT be produced in the character of the neighborhood or a det-
riment to nearby properties, if granted BECAUSE:
The project involves only the repair or reconstruction of existing structures.
2. The benefit sought by the applicant CANNOT be achieved by some method, feasible for
the applicant to pursue, other than an area variance BECAUSE:
There is no alternative means to achieve the desired result of making the deck areas safe
and estheticaily pleasing.
3. The amount of relief requested is not substantial BECAUSE:
There is no increase in the "degree of non-conformity' since all elements are being re-
paired, replaced, or reconstructed in-place.
4. The variance will NOT have an adverse effect or impact on the physical or environmental
conditions in the neighborhood or district BECAUSE:
There will be no overall change in the effect, if any, on the physical or environmental
conditions in the neighborhood.
Has the alleged difficulty been self-created?
( ) Yes
(x) No
Sworn to ):~fore me. this .../..¢.. ........
day of..~.., 2008.
This is the minimum that is necessary and adequate, and at the same time will preserve and
prot~t the character of the neighborhood and the health, safety and welfare of the commu-
. .........
J~es E. '~i~g ald, Jr/, ~gent
Proper-T Permit Services
Notary Public LINDA J COOPER
NOTARY PUBDC, State of New Yeti~
NO, 01C04822563, Suffolk County
lerm Expires December 31,
PROJECT DESCRIPTION
(Please include with Z.B.A. Application)
Applicant(s):. Eric mcC lure
I. Ifbnila~ngisexistingandalteratiohs/additions/renovationsareproposed:
A. Please give the dimensions and overall square footage of extensions beyond existing building:
Dimensions/size: 38x32, less 1oool 12x2/*, plus balcony 7x28
Square footage: 1216 less 288 plus 196 equals 1124 sf
B. Please give the dimensions and square footage of new proposed foundation areas which do not
extend beyond the existing building:
Dimensions/size: N/A
Square footage:.
II. If land is vacant:
Please give dimensions ~a~,~ ov~all square footage of new construction:
Dimension/size: N/A
Square footage:
Height:
m. Purpose and use of new construction requested in this application:
Repair and maintenance
IV. Additional information about the surrounding contours or nearby buildings that relate to the difficulty
LU meeting the code requirc~nent(s):
V. Please submit seven (7) photos/sets after staking comers of the proposed new construction.
7/02
Please note: Further changes, after submitting the above infoemation, must be placed in writing and may
require a new Notice of Disapproval to show changes to the initial plans. If additional time is needed,
please contact our office, or)~lease check with Building Department (765-1802) or Appeals Department
(765-1809) if you are not sure. Thank you.
Proper-T Permit Services
POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617
(631) 734-5800
December 19, 2008
Chairman
Southold Town Board of Appeals
Post Office Box 1179
Southold, New York 11971
Re: Application for a Variance; SCTM #1000-139-1-23; Eric McClure
Dear Sir:
Enclosed are the documents prepared in support of the application for a variance and appeal from
the decision of the Building Inspector for the repair, replacement or reconstruction, as needed, of
the existing pool-surround deck, second floor balcony/deck, and entry deck on the property of Eric
McClure located at 435 Westview Drive in Mattimck.
Proper-T Permit Services represents Mr. McClure in this matter, and a letter of authorization is
attached.
If you need more information or have any questions please call me.
Enclosures:
Application Fee (check, $400)
Application (8 copies)
Project Description (8 copies)
Letter of Authorization (8 copies)
Transactional Disclosure Form (8 copies)
ZBA Questionnaire (8 copies)
Notice of Disapproval (8 copies)
Short EAF (8 copies
Vicinity Map (8 copies)
Tax Map (8 copies)
Comments concerning LWRP (8 copies)
Survey of Property (8 copies)
Construction Plans (8 copies)
Town Property Card (8 copies)
Project Site Photos (8 copies)
Photo View Angles (8 copies)
/~nes E. Fitzgera~
a subsidiary of
THE PECONIC EASTERN CORPORATION
Proper-T Permit Services
POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617
(631) 734-5800
December 26, 2008
Chairman
Southold Town Board of Appeals
Post Office Box 1179
Southold, New York 11971
Re: Application for a Variance; SCTM #1000-139-1-23; Eric McClure
Dear Sir:
Enclosed are the documents prepared in response to a request from the ZBA office.
If you need more information or have any questions please call me.
.Yours tmly,~ ~
~nes E. Fitzgerald?. ~' /
Enclosures:
Photo, property seaward of deck, 12/23/08 - 8 copies
Trustees' Letter of Non-Jurisdiction, 5/29/07 - 8 copies
LWRP Consistency Assessment Form - 8 copies
a subsidiary of
THE PECONIC EASTERN CORPORATION
This photograph was taken on 12/23/08 from the property of Matt-a-Mar Marina,
looking northwest across Long Creek. The McClure house is the brown structure in
the center of the photograph. The edge of the deck can been seen as the light tan
horizontal line immediately below the bottom of the house.
games F. King, President
Jill M. Doherty, Vice-President
Peggy A. Dickerson
Dave Bergen
Bob Ghosio, Jr.
Town Hall
53095Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1892
Fax (631) 765-6641
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
May 29, 2007
Mr. Eric McClure
435 Westview Dr.
P.O. Box 864
Mattituck, NY 11952
RE: 435WESTVIEW DR., MATTITUCK
SCTM#139-1-23
Dear Mr. McClure:
The Southold Town Board of Trustees reviewed your letter received on May 18, 2007
and determined the replacement of the existing pool deck and second-story deck to be
out of the Wetland jurisdiction under Chapter 275 of the Town Wetland Code and
Chapter 111 of the Town Code,
Therefore, in accordance with the current Wetlands Code (Chapter 275) and the
Coastal Erosion Hazard Area (Chapter 111) no permit is required. Please be advised,
however, that no construction, sedimentation, or disturbance of any kind may take place
seaward of the tidal and/or freshwater wetlands jurisdictional boundary or seaward of
the coastal erosion hazard area as indicated above, or within 100' landward from the
top of the bluff, without further authorization from the Southold Town Board of Trustees
pursuant to Chapter 275 and/or Chapter 111 of the Town Code. It is your responsibility
to ensure that all necessary precautions are taken to prevent any sedimentation or other
alteration or disturbance to the ground surface or vegetation within Tidal Wetlands
jurisdiction and Coastal Erosion Hazard Area, which may result from your project. Such
precautions may include maintaining adequate work area between the tidal wetland
jurisdictional boundary and the coastal erosion hazard area and your project or erecting
a temporary fence, barrier, or hay bale berm.
This determination is not a determination from any other agency.
2
If you have any further questions, please do not hesitate to call.
Sincerely,
Jam F~, King, Presid~
Board of Trustees
JFK:lms
LWRP CONSISTENCY ASSESSMENT FORM
SCTI~ !000-139-1-23
PROJECT NAME McC lure
deck maintenance
The Applicafion has been submitted to (check appropriate response): [-~ Board of Appeals
TownBoard ~-~ Pla. ningBoard~ Building Dept. [] BoardofTruste~s ~
1. category of Town of Southold agency action (check appropriate'response):
(a) Action undertaken directly by Town agency (e.g. capital
cons~uction, planning activity, agency regulation, land transaction)
Co) Financial assistance (e.g. grant, loan, ~bsidy)
(c) Permit, approval, license, certification:
Nature and extent of action:
Repair, replace or reconstruct, as needed, the existing pool-surround deck, 760~ sq. ft.; second
story balcony, 200~ sq. ft.; and entry deck, 70~- sq. ft.
Location of action:
435 Westview Drive, Mattituck
Site acreage:
0.51 acre~
Present!anduse: Single-family dwelling with pool, deck, etc.
Present zoning classification: R ~ 40 ' '
If an application for the proposed action has been filed with the Town of Southold agency,
the following information shall be provided:
(a) Name of appl{cant: Eric HcClure
· (b) Ma~llng address: 423 4th Street, Brooklyn, NY 11215
(c) Telephone number: Area Code (). 718 - 369 - 9771
(d) Application number, if any: ZBA # 6269
Will the action be directly undertaken, require funding, or approval by a state or federal agency?
Yes ~ No~ Ifyes, which state or federalagency?
APPLICANT: ERIC McCLURE
SCTM #: 1000-139-1-23
LWRP CONSISTENCY ASSESSMENT FORM
Policy 1
[] YES
Foster a pattern of development in the Town of Southold that enhances com-
munity character, preserves open space, makes efficient use of infrastructure,
makes beneficial use of a coastal location, and minimizes adverse effects of
development.
~NO [] NOT APPLICABLE
The repair, replacement or reconstruction of the existing pool-surround deck, exist-
hag second story balcony, and existing entry deck is consistent with the c'h~acter
of the waterfront community. The structures have existed in their present locations
for many years and have served the property owners and the community well. Be-
cause the structures have existed for many years it is felt that there is no new ad-
verse impact on the desired preservation of open space. Infrastructure use is not a
factor since the project is for the maintenance of existing structures and uses. The
project is certainly a beneficial use of the coastal location, and there will not be
even an incremental increase in development in the area.
Policy 2 Preserve historic resources of the Town of Southold.
[] [] POT APPLICABLE
There is no evidence to indicate that the immediate area of the project includes his-
toric features, and it is to be expected that the is unlikely to have been the site of
activities of past civilizations, or of their remains or artifacts.
Policy 3
[] YES
Enhance visual quality and protect scenic resources throughout the Town of
Southold.
~O [] NOT APPLICABLE
The existing structures will continue to be inconspicuous in their present locations.
The existing structures, as maintained, will be compatible with other existing resi-
dential structures in the area, and will not adversely affect the dynamic landscape
elements (tidal fluctuations, seasonal vegetation changes) which might contribute
to ephemeral visual qualities.
Policy 4
[] YEs
Minimize loss of life, structures, and natural resources from flooding and ero-
sion.
~NO [] NOT APPLICABLE
It is unlikely that the proposed project would make any new contributions to haz-
ards which could result in the losses listed. Natural protective features will not be
adversely affected.
Policy 5 Protect and improve water quality and supply in the Town of Southold.
[] YES ~O [] NOT APPLICABLE
The proposed project will not have any effect upon water quality and supply. Dur-
ing maintenance activities, liquid or solid wastes will not be discharged into the
water or wetlands. Disturbance of the shoreline during maintenance activities will
not occur.
Policy 6
Protect and restore the quality and function of the Town of Southold's ecosys-
tem.
[] POT APPUCA L .
The project is not located in or immediately adjacent to the Mattituck Inlet Wet-
lands Significant Coastal Fish and Wildlife Habitat.
The project proposes the repair, replacement or reconstruction of existing struc-
tures. During the proposed activities all statutory and regulatory requirements, at
all levels of government, will be strictly complied with, and thus there will be no
adverse effects upon the quality and function of the Town of Southold's ecosys-
tem.
Policy 7
t'-I
Protect and improve air quality in the Town of Southold.
~O [] NOT APPLICABLE
The conslruction or future use of the project as proposed will not result in signifi-
cant amounts of new air pollution.
Policy 8 Minimize environmental degradation in the Town of Southold from solid
waste and hazardous substances and wastes.
[] YES ~NO [] NOT APPLICABLE
The project as proposed will not result in the on-going generation of any additional
solid waste. The handling and storage of petroleum products during construction
will be accomplished through the use of approved containers and facilities, and
methods of handling and storage in compliance with all applicable local, state and
federal regulations will be followed.
Policy 9 Provide for public access to, and recreational use of, coastal waters, public
lands, and public resources of the Town of Southold.
[] YEs [] No APPLICABLE
This policy is not applicable to the proposed project.
Policy 10
[] YEs
Protect Southold's water-dependent uses and promote siting of new water-
dependent uses in suitable locations.
[] NO ~OT APPLICABLE
This policy is not applicable to the proposed project.
Policy 11
[] YEs
Promote sustainable use of living marine resources in Long Island Sound, the
Peconic Estuary and Town waters.
[] NO ~OT APPLICABLE
This policy is not applicable to the proposed project.
Policy 12 Protect agricultural lands in the Town of Southold.
[] YES [] NO ~OT APPLICABLE
This policy is not applicable to the proposed project.
423 4th Street
Brooklyn, New York 11215
Chairman
Southold Town Board of Appeals
Post Office Box 1179
Southold, New York 11971
Dear Sir:
Please be advised that I hereby designate and authorize James E. Fitzgerald, Jr. of Proper-T
Permit Services to act in my behalf as my agent in the submission and processing of an appli-
cation for a variance required to reconstruct certain portions of the various deck areas on my
property located at 435 Westview Drive in Mattituck and designated by Suffolk County Tax
Map No. 1000-139-1-23, and to furnish, upon request, supplemental information in support of
the application.
Eric McClure
APPLICANT
TRANSACTIONAL DISCLOSURE FORM
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.
YOUR NAME: Eric McC lure
(Last name, first name, middle initial, unless you are applying in the name
of someone else or other entity, such as a company. If so, indicate the
other person or company name.)
NATURE OF APPLICATION: (Check all that apply.)
Tax Grievance
Variance XX
Change of Zone
Approval of Plat
Exemption from Plat
or Official Map
Other
If "Other",
name the activity:
Do you personally, (or through your company, spouse, sibling, parent, or child) have a
relationship with any officer or employee of the Town of Southold? "Relationship" includes by
blood, marriage, or business interest. "Business interest" means a business, including a
partnership, in which the Town officer or employee has even a partial ownership of (or
employment by) a corporation in which the Town officer or employee owns more than 5% of the
shares.
YES NO XX
If you answered 'WES", complete the balance of this form and date and sign where indicated.
Name of person employed by the Town of Southold:
Title or position of that person:
Describe that relationship between yourself (the applicant) and the Town officer or employee.
Either check the appropriate line A through D (below) and/or 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 owner of greater than 5% of the shares of the corporate stock
of the applicant (when the applicant is a corporation);
B) the legal or beneficial owner of any interest in a non-corporate entity
(when the applicant is not a corporation);
C) an officer, director, partner, or employee of the applicant; or
D) the actual applicant.
DESCRIPTION OF RELATIONSHIP
Submitted this ~ dayof ~'¢~.,$/;
Signature: ~ '~,, /4~ ~
Print Name: Eric ~lcOq_ur e
Applicant: Eric ~cClure
QUESTIONNAIRE
FOR l~'l I ,lNG WlTIt YOIJ'R Z.B.A. APplICATION
Is the subject premises listed on the real estate m~rket for sale?
[] Yes l~qo
Are there any proposals to change or alter land contours?
[] Yes ~No
1) Are there any areas that contaha wetland grasses? Yes
2) Are the wetland areas shown on the map submitted with th/s appl/cation? No
3) Is the property bulkheaded between the wetlands area and the upland building area?
No
4) ~f your property contains wetlands or pond areas, have you contacted the office of the
Town Trustees for its determination of jur/sdiction? No Please comSrm status of your
inquiry or application with the Trustees: Beyond jurisdiction: 190'
D. Is there a depression or sloping elevation near the area of proposed construct/on at or below five
feet above mean sea level? N o
Are there any.patios, concrete barriers, bulkheads or fences that exist and are not shown
on the survey map that you are submitting? No (Please show area of these
structures on a diagram if any exist Or state "none" on the above lhae, ffappiicable.)
Do you have any construction t~king place at this time concerniug your premises? N o
If yes, please submit a copy of your budlding pcr~n/t and nmp as approved by the Building
Department and descr/be:
Do you or any co-owner also own other land close to this parcel?
the prox~mlty of your lands on your map with this application.
No If yes, please label
pool,
Please Hst present use or operations conducted at this parcel s ingle- family dwelling with
deck, b~co_n7 mad proposed use same with repair & mainq;enance
2/05
617,20
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I - PROJECT INFORMATION (To be completed by A~plicant or Proiect Sponsor)
1. APPLICANT/SPONSOR |2.PROJECT NAME
James E. Fitzgerald, Jr. ~ Propcr-T Permit Services / McClure deck
3. PROJECT LOCATION:
Municipality Matfit~ck County Suffolk
4. PRECISE LOCATION (Street address and mad intersections, prominent landmarks, etc., or provide map)
435 Westview Drive See attached maps.
Mattituck, NY t1952
5. PROPOSEDACTION IS:
[] New [] Expansion [] Modification/alteration
6. DESCRIBE PROJECT BRIEFLY:
Repair, replace or reconstruct, as needed, the existing pool-surround deck, 760~: sq. ft.; second story balcony, 200~: sq. t~.; and entry
deck, 70-J: sq. ft.
7. AMOUNT OF LAND AFFECTED:
tnifially ap~-ox 0.025 acres Ultimately N/A acres
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
[] Yes [] No If No, describe briefly
Sideyard setbacks are inadequate.
~. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
[] Residential [] Industrial [] Commercial [] Agriculture [] Perk/Forest/Open Space [] Other
Describe:
Medium-size waterfront single-family dwellings.
10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY
(FEDERAL, STATE OR LOCAL)?
[] Yes [] No If Yes, list agency(s) name and permit/approvals:
Southold ZBA, Southold Building Department, NYSDEC
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No If Yes, list agency(s) name and permit/apprevals:
12. AS A RESULT OF PROPOSED ACTION WiLL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION?
[] Yes No
I CERTIFY THAT T PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Applicant/sponsor Date: Dec 19, 2008
Signature:
If the
is in the and you are a sta.te agency, complete the
Assessment Form before proceeding with this assessment
OVER
t
oREGOH
193
THE AREA OF THE PROPOSED
PROJECT IS CIRCLED
IdA1 TUCI~
11952
NEW $
VICINITY MAP
Application regarding the property of
Eric McClure, SCTM #1000-139-1-23
Represented by
PROPER-T PERMIT SERVICES
P.O. Box 617, Cutchogue, NY 11935
James E. Fitzgerald, Jr. 631-734-5800
September 5, 2008
THE SITE OF THE PROPOSED
PROJECT IS SHADED
TA~ ~
Application regarding the property of
Eric McClure, SCTM #1000-139-1-23
Represented by
PROPER-T PERMIT SERVICES
P.O. Box 617, Cutchogue, NY 11935
James E. Fitzgerald, Jr. 631-734-5800
September 5, 2008
Comments concerning the applicability of the LWRP:
The Town Code, §268-3, states, in part:
"MINOR ACTIONS Include the following actions, which are not subject to review under
this chapter:
B: Replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the
same site, including upgrading buildings to meet building or fire codes, except for
structures in areas designated by the Coastal Erosion Hazard Area (CEHA) law where
structures may not be replaced, rehabilitated or reconstructed without a permit."
The proposed project is not located within the Coastal Erosion Hazard Area.
PHOTO A: Looking NW
from deck area at rear of
dwelling.
(7/31/08 at 1308 hrs)
PHOTO B: Looking
NNW from deck area at
rear of dwelling.
(7/31/08 at 1308 hrs)
PROJECT SITE PHOTOS
Application regarding the property of
Eric McClure, SCTM/41000-139-1-23
Represented by
PROPER-T PERMIT SERVICES
P.O. Box 617, Cutchogue, NY 11935
James E. Fitzgerald, Jr. 631-734-5800
September 5, 2008
PHOTO C: Looking
NNW from deck area
noting maintenance
repairs and pool in left
foreground.
(7/31/08 at 1308 hrs)
PHOTO D: Looking
SSW at SW comer of
deck and pool.
(7/31/08 at 1310 hrs)
PROJECT SITE PHOTOS
Application regarding the property of
Eric McClure, SCTM #I000-139-1-23
Represented by
PROPER-T PERM1T SERVICES
P.O. Box 617, Cutchogue, NY 11935
Jatnes E. Fitzgerald, Jr. 631-734-5800
September 5, 2008
PHOTO VIEW ANGLES
Application regarding the property of
Eric McClure, SCTM # 1000-139- 1-23
Represented by
PROPER-T PERMIT SERVICES
P.O. Box 617, Cutchogue, NY 11935
James E. Fitzgerald, Jr. 631-734-5800
September 5, 2008
uthold Town Board of Appeals
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3388
Application Dated July 3], 1985
TO:
Richard F, Lark, Esq. as ktterney for [Appellant(s))
MRS. PAMELA J. SELLARS
Mai~n Ro~d, Box 973
Cutchogue, NY llg35
At a Meeting of t~ Zoning Board of Appeals held on August 22~ 1985,
the above appeal was considered, and the action indicated below' was taken
on your [ ] Request for Variance Due to Lack of Access to Property
New York To~m Law, Section 280-a
[ ] Request for Special Exception under the Zoning Ordinance
Article , Section
[X] Request for Variance to the Zoning Ordinance
Article III , Section ]00-3], Bulk Schedule
Request for
Application of PAMELA J SELLARS - Varianc~ %o the Z~nin- Ordinance
Article I , Section 100-31, Bulk SchedUle, foi~'.ee_rmqss~Jon te--construct
attached garage addition wit~ an insufficient ~as~terly $i~deyard setback
and insufficient total sideyards. Location of Property: South Side of
Westview Drive, Mattituck, NY; .County Tax Mae District 1000, Section
139, Block Ol: Lot 23.
WHEREAS, a public hearing was held and concluded on August 22, 1985,
· in the Matter of the Application of PAMELA J. SEliARS, Appeal No. 3388;
and
WH£RE~ the board members have.considered all testimony and docu-
mentation eeteree into the record in this matter, and |t i-s noted that
there ~es been no public oppos'i~ion; and
WHEREAS, the board-members are personally familiar 'with the .premises
in question ann t~e surrounding p.roperties; ~nd
WHEREAS, the board made the following findings of fact:
1. By this application, appellant proposes to construc~ a 18' by 19'
_ .garage edditioa at the northeast section of the existing simole-family
dwelling which would red~ce the easterly sideyard ~o nine feet and reduce~'
the total sideyards to 21± feet.
2. The parcel '
]m q~estion contel.ns an area of approximately 22,000
sq. ft. with 64.63 .frontage a]on9 Westviem ]rive, and is improved with a
siegle-family, one-story frame house set back f~o~ the ea.sterly side a't
~L2. feet and .from the westerly side ~2 fee: as shown on survel furnished
at the hearing dated November 17, ]976.
3. The bulk schedule of the zoning code allows a principal dwelling
structure .in :he '~A" Residential and Agricultural Zone to be constructed
at-not less than 10' feet for one sideyard, and not less than 25 feet
total~sideyard~. -.
4. The re]ief requested by'~he applicant is one-foot% or 10% ~f'a
variance .for one sideyard, and four feet, or 16% of a variance for the
..... : .(CONTINUED ON PAGE TWO)
DATEb~ Sept~mbe~-9,'1985. CHAIRMAN, SOUTSOLD TOWN ZONING BOARD
OF APPEALS
For~ ZB4 (rev. 12/81) ~
Page 2 - Appeal No. 3388 ~ ,
Matter of P_A_MELA J. SELLARS
Dec~n Rendered August 22, 1985
total sideyards.
~In considering this appeal, the board has found that this proposal
is not unreasonable under the circumstances and is granted as condi'-
tionally noted below since: (1) the relief requested is not substantial
in relation to the requirements, of the zoning code; (2) there will
be no substantial change in the character of this district; (3)
the relief requested will not cause a substantial effect of any
increased population densi'ty ~ince the property will continue to
be used'for'~ingle-family purposes; (4) the relief requested - ~.
is not detrimental to adjoining properties; (5) the circumstances -,
are unique in light of the established narrowness of the lot-in
question; (6) in view of the manner in which the difficulties
arose, there is no other method feasible for the applicant to
pursue other than a variance; (7)..the relief requested is the
minimal necessary. , · -
Accordingly, on motion by Mr. Goehringer, secended by
Mr. Sawicki, it was
RESOLVED, that'th'e relief requested under Appeal No. 3388 in
the Matter of the Application of PAMELA O. SELLARS for permission
to construct 18',by 19' addition with reduction of the easterly
sideyard at nine feet and total sideyards at 21 feet, BE AND
HEREBY IS APPROVED SUBJECT TO THE FOLLOWING-CONDITIONS:
1. The e~ter,ly line never be Keduced to less than nine feet.;
2. The _easterly yard area remain opeg.and unobstructed at
all times the full width of nine feet to gain ~ccess as ,necessary.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen, Douglass and Sawicki. This resolution was adopted by'
unanimous vote of all the members.
lk
GERARD P. GOEHRINGER. C9(AIRMAN
September 9, 1985
/
/
VL.
COMM.r,N .
LOT
J CB. MISC. J Est. Mkt. Value
LAND IMP. TOTAL
/~
/zOo. '~
NEW NORMAL BELOW
Farm Acre Value Per Acre
Tillable 1
Tillable 2
DATE
REMARKS
ABOVE
Tillable. 3
Woodland
Swampland
Brushlan~[
House Plot
Total
Value FRONTAGE ON ROAD ~, ~ ' '
BULKHEAD
[ I i
~Foundation ~_. ~'~ Bath
Extension J . ~Ext. Wails ~ %~ interior Finish
~ ~ ~9 = ~ ,~%~j ~J / Porch ~oofT~e
,j ~g~ ~ ~OO,i Porch Ro~ lst~loor
Breezeway ~ Patio Eooms 2nd Floor
Garage '~x ~ = ~ [ ~'~ ~ Driveway Dormer
O,B.
~2X8 LEDGER BOARD
(SEE NOTE)
3-2X10 GIRDER
~ 2-2XS GIRDER 2-2X8 GIRDER 2.2XB G.II~D_,ER _ _ ..,.22.2.X~ G .I~--EE ....
2-2X8 GIRDER 2-2X$ GIRDER
, 2-2XB GIRDER
LINE OF EXISTING
POOL
LINE OF PROPOSED
ELEVATED DECK ABOVE
2-2X$ GIRDER 2-2X~ GIRDER
LINE OF EXISTING
DECK ON GRADE
DECK FOUNDATION PLAN
SCALE: 1/4"=1'-0"
, 5"
RESIDENCE
X~--2X8 LEDGER BOARD
(SEE NOTE)
EXISTING PLANTER AREA
3-2X10 GIRDER
(TIP.)
3-2X10 GIRDER
--NEW
ENTRY
ON GRA~
EXISTING POOL
32'4"
LOWER LEVEL DECK PLAN
SCALE: 1/4"=1'-0''
SEE DETAIL #1
SEE DETAIL ~e2 -
-4
NEW SECOND /
STORY BALCONY
/ .
UPPER LEVEL DECK PLAN
SCALE: 1/4"=1'-0"
NOTE: AFFIX STEEL ANGLE IRONS OR BRACKETS
TO THE INSIDE TOP CORNERS OF ALL END AND
)OUBLE COP, IqBR CORNER POSTS FOR ADDITIONAL LETERAL SUPPORT,
~D BLOCKING BETWEEN POSTS MAY ALSO
ff POSTS. SECURELY ATTACH , A'* W~'~Ua ~,~,,J
TO DECK AND CAP RML BEffUSED
STRUCTURE, RUN CABLE 2"x6" MIN. CAF RAIL.
CONTINUOUSLY AROUND SECDKELY FASTEN TO POSTS,
CORNEIL MIN. HEIGHT 36"
3" MAX. CABLE
SPACING
/
/
4,'x4" MIN, INTERMEDIATE [ /
MAX
POSTS. SECURELY ATTACH~// NOTE: 3'-0" MAX. POST
TO DECK STRUCTURE. SPACING TO MINIMIZE
(TYPICAL) CABLE DEFLECTION.
4X6 STRUCTURAL
POSTS (TYPICAL)
[ r
I · LINE OF CONCRETE
~ PIERS BELOW
4"x6' MIN, END POST.
TO DECK STRUCTURe. KEEP Y'
MIN, CLEAR FROM POST TO
FACE OF WALL TO ALLOW
FOR CABLE FITTINGS,
4"x6" MIN. DOUBLE COlhNER
POSTS. SECURELY ATTACH
TO DECK AND CAP RAIL
STRUCTURE. RUN CABLE
CONTINUOUSLY AROUND
CORNER.-
2"x6" MIN. CAF RAIL,
SECURELY FASTEN TO POSTS.
3" MAX. CABLE
SPACING
4"x4" MIN, INTERMEDIATE
POSTS, SECURELY ATTACH
TO DECK STRUCTURE.
(TYPICAL)
4X6 STRUCTURAL
POSTS (TYPICAL)
NOTE: DETAIL IS TYPICAL
FOR BOTH 1/8" AND 3/16"
DIAMETER STANDARD
CABLERAIL ASSBIvIBLIES,
CABLE
QUICK-CONNECT-SS
END CAP, COLORED
ELASTOlvIER (STANDARD) OR
ST. STE. (OPTIONAL)
1" O.D. ST. STL. FLAT WASHER
NOTE: DETAIL IS TYPICAL
FOR BOTH 1/8" AND 3/16"
DIAMETER STANDARD
CABLERA1L ASSEMBLIES,
CL(
PROTECTOR SLEEVE AT
BENDS (TYPO
WOOD
CORNER POSTS
{OLE THRU
BOTH POSTS
PROTECTOR SLEeVE FOR 3/16"
CABLE REQUIRES HOLES TO
BE COUNTERBORED 3/8" DIA.
X MIN, 1" DEEP TO RECEIVE
FITTING
CABLE
NOTE: CABLE RUNS
CONTINUOUSLY THROUGH
CORNERS
DETAIL gl: WOOD POST TERMINATION
N.T.S,
DETAIL #2: CORNER DOUBLE WI). POSTS
SIMPSON STRONG TI~ #PBS44A
POST CONNECTION
DETAIL
iLmW~BLi I (m,/a~,)
L'PL~TUPL_n'r (tn) ~PLU'r Oeo) ~. (tam&icc) 1 (tn&teo) CODE
NAILING SCHEDULE
& LOAD TABLE
SIMPSON STRONG TIE #LUS28
JOIST CONNECTION
DETAIL
SIZE NUIBBR ! II E HIll)ER lOlffI! UPLIFF FLOOR (100) SIB! (ll~} gOOF (1~} CODE
,oD ~eB I,ss) (,so) ~OB tee ,OB
NAILING SCHEDULE
& LOAD TABLE
NOTES:
SYMBOL LEGEND
ZZZZZZZZEZZZZZ2 ~ovE
LEDGER NOTE:
THRUBOLT 2XS CCA LEDGER TO RIM
WITH 1/2" DIA. GALVANIZED BOLTS ~
2'-0" B.C. SPACE LEDGER OFF BUILDING
W/4 GALVANIZED WASHERS OVER
GALVANIZED FLASHING OVER 30" BLDG.
PAPER OVER PLYWOOD SHEATHING
PROPOSED DECK FOR THE
MCCLURE RESIDENCE
435 WEST VIEW DRIVE
MATTITUCK, NY 11952
ISSUED FOR: BDILD1NG PERMIT
PROPOSED DECK
KERI KAZEL ARCI' JTECT P.C.
27 FRANK STREET
yAPHANK, NY 11980
PHONE:631 -S74-2925 FAX:631-874-7377
KAKaM~CH~AOL.COM
DATE: JUNE 5, 2007
i SCALE: 1/4"=1'-0"
PROJECT NO.
A1