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Home My WebLink About35238-ZFORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-34179 Date: 02/02/10 THIS CERTIFIES that the building ACCESSORY POOL HOUSE Location of Pro~er~y: 2105 CALVES NECK RD (HOUSE NO.) (STREET) County T~ Map NO. 473889 Section 70 Block 4 Subdivision Filed Map No. Lot No. SOUTHOLD ( HAMLET ) Lot 46.1 conforms substantially to the Application for Building Permit heretofore filed in this office dated SEPTEMBER 3, 2008 pursuant to w~ich Building Permit No. 35238-Z dated DECEMBER 23, 2009 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is "AS BUILT" ACCESSORY POOL HOUSE (NON-HABITaBLE AND NO STOVE OR COOKING PREPARATION EQUIPMENT) AS APPLIED FOR PER ZBA ~6280 DATED 7/21/09. The certificate is issued to LUKE K & RITA LICALZI (OWNER) of the aforesaid building. SUFFOL~COUNTYDEPARTMENTOFHEALTHA~PROVAL N/A ELBt-r~ICAL U~TIFICATE NO. 12172 01/19/10 CERTIFICATION DA'r~4~ 01/12/10 PECONIC PLUMBING & HEAT Rev. 1/81 Form No. 6 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL 765-1802 APPLICATION FOR CERTIFICATE OF OCCUPANCY This application must be filled in by typewriter or ink and submitted to the Building Department wi it~q t'ollo~ing: A. For new building or new use: 1. Final survey of property with accurate location of all buildings, property lines, streets, and us n topographic features. 2. Final Approval from Health Dept. of water supply and sewerage-disposal (S-9 form). 3. Approval of electrical installation from Board of Fire Underwriters. 4. Sworn statement from plumber certifying that the solder used in system contains less than 2/10 of 1% lead. - 5. Commercial building, industrial building, multiple residences and similar buildings and installations, a certificate of Code Compliance from architect or engineer responsible for the building. 6. Submit Planning Board Approval of completed site plan requirements. A. For existing buildings (prior to April 9, 1957) non-conforming uses, or buildings and "pre-existing" land uses: 1. Accurate survey of property showing all property lines, streets, building and unusual natural or topographic features. 2. A properly completed application and consent to inspect signed by the applicant. Ifa Certificate of Occupancy is denied, the Building Inspector shall state the reasons therefor in writing to the applicant. C. Fees 1. Certificate of Occupancy - New dwelling $25.00, Additions to dwelling $25.00, Alterations to dwelling $25.00, Swimming pool $25.00, Accessory building $25.00, Additions to accessory building $25.00, Businesses $50.00. 2. Certificate of Occupancy on Pre-existing Building- $100.00 3. Copy of Certificate of Occupancy - $.25 4. Updated Certificate of Occupancy- $50.00 5. Temporary Certificate of Occupancy - Residential $15.00, Commercial $15.00 Date. ~A/~ / /'O/,~2 E~/O New Construction: Location of Property: Owner or Owners of Property: Suffolk County Tax Map No 1000, Section 7~ Block d~t7/ Old or Pre-existing Building: House No. Street (check one) Hamlet Subdivision Permit No. ,~,23 t~- ~'- Health Dept. Approval: Date of Permit. Filed Map. Lot: Applicant: ~/~C~ It' /~zF'"/~c Jr ~, Underwriters Approval: ~//--rl/ Planning Board Approval: Request for: Temporary Certificate Fee Submitted: $ Final Certificate: (check one) Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 BUILDING DEPARTMENT TOWN OF SOUTHOLD CERTIFICATION Fax (631) 765-9502 Telephone (631 ) 765-1802 BLDG. DEPT, TOWN OF SOUTHOLD Date: I- [2- lO Building Permit No. Owner: ~-c~lc e. Plumber: lead. (please print) (please print) I certify that the solder used in the water supply system contains less than 2/10 of 1% Sworn to before me this day of --~ ~x ., 20 /o ! Notary Public, ~ Lo I ~ County NO. Jan 29 10 01:48p G & S Electric 631 765 6135 p.2 + SUFFOLK IBUREAU ol 40 Notlingham Driee, Middle island, NY 11953 Telephone:631 4958136 · Fax:631 9806455 · E-Mail:$BEIGS~gmaiLcorn CERTIFICATE OF ELECTRICAL COMPLIANCE Applicant: Rough in Inspection Date: Application No.: G&$ Electrical Contractor January 19,2010 12172 Certificate No.: Final [nspectian Date: I~Jitding Permit No.: 12172 3anuary 19,2010 County Tax Map No.: : This Cer:ificate of EJectrical Compliance is limited to the inspection and compliance of electrical equipment and/or work described below, installed by the applicant named above, located at the premise of and not after the final inspection date above: Owner: Luke Lical L,i Site Location: 210S Calves Neck Rd., $out~old, NY 11971 Owner's Address (it= different): Residential ~J Indoor ~_~ Basement ~ Service ~ Shed Commercial ~_~ Outdoor [] First Floor ~ Pool ~ Hottub ~_.]New '"'~--~ Re~ ovalk:~l ~_~d Flool' cr-~A~c [~ ~3arage L--~Adciition [:]Survey Other. pOOJ house Single Phase 1-200 He~ INVENTORY Dup~x Rec~ 2 ~c~ ~ ~ D~er Rector The electrical work and/or efluJpmenL described above were inspected and appear to be fn compliance with local, state and national electrical code requirements and this office. Applicant: G&S F. bctrical Co~tractor Inspected By: Roger Richert License No.: 578E & 31S$8-ME Date Of Cerlificate: Jan 20,21)10 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. BUIDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 35238 Z Date DECEMBER 23, 2009 Permission is hereby granted to: LUKE K & RITA LICALZI 19 PROSPECT AVE GARDEN CITY,NY 11530 for : "AS BUILT" ACCESSORY POOL HOUSE (13'X 13') AS APPLIED FOR PER ZBA #6280, DATED 7/29/09. at premises located at County Tax Map No. 473889 Section 070 purs%~nt to application dated SEPTEMBER Building Inspector to expire on JUNE 2105 CALVES NECK RD SOUTHOLD Block 0004 Lot No. 046.001 3, 2008 and approved by the 23, 2011. Fee $ 200.00 Authorized Signature ORIGINAL Rev. 5/8/02 FO~ATION (1S~ . ROUGH F~G & PL~G ~ON P~ N. Y. $TA~ E~R~ CODE TOWN OF SOUTHOLD 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 Expiration ,20__ PERMIT NO. BUILDING PERMIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health 4 sets of Building Plans Planning BTff~pproval Survey Check Septic Form N.Y.S.D.E.C. Trustees Flood Permit Storm-Water Assessment Form ......... _--'-'--'~--'T-~ ~ '(~ } Contact: Building Inspector APPLICATION FOR BUILDING PERMIT Date INSTRUCTIONS ,204 a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of tlfis application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, 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 of applicant or name, ifa corporation) ,Tvo 4 /447, /t --r-rtrr)c ,/q/ct/ - (Mdiling address of applicant)t ' tt { ~... State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises {~0~: &£ C~-L..~--- [ (As on the tax roll or latest deed) if applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which propos, ed _work _will be done: . House Number Street County Tax Map No. 1000 Section Subdivision 70 Block Hamlet Filed Map No. Lot Lot 2. State existing use and occupancy of premises and__?,tended use and oc(ellpalic¥'o£tff'oposea co : a. Existing use and occupancy ~l~ ~ ~~ ~~ b. Intended use and occup~cy ~ . ~' ~~-' ' .~~'~ ~ 3. Nature of work (check which applicable): New Building_ '~ a Addition Alteration Repair Removal Demolition Other Work 4. Estimated Cost ~ '""/ 5. If dwelling, number of dwelling units If garage, number of cars Fee (Description) (To be paid on filing this application) Number of dwelling units on each floor $" ~ ' h If business, commercial or mixed occupancy; specify nature and extent ofeac type of use. Dimensions of existing stm. ctures, if any: Front 2..'~ ~'~ . Rear Height ~ - ~ `1 Number of Stories · Dimensions of.same s~ructure with alterations, or additions: Front Depth ~.'7 - t Height ~.5" ~ Numberof Stories Depth 8. Dimensions of entire new construction: Front Height Number of Stories Rear Depth 9. Sizeoflot: Front Rear .Depth Ow ;r 10. Date of Purchase Name of Fern)er 11. Zone or use district in which premises are situate~ ~ zlt 12. Does proposed construction violate any ~j,ag la~rdinance or regulation? YES__ 13. Will lot be re-graded? YES__ NO__ NO, Will excess fill be removed from premises? YES__ NO 14. Names of Owner of premises Name of Architect Name of Contractor Address Phone No. Address Phone No Address Phone No. 15 a. Is this property within 100 feet ufa tidal wetland or a freshwater wetland? *YES * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO__ * IF YES, D.E.C. PERMITS MAY BE REQUIRED. NO 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES NO ~ · IF YES, PROVIDE A COPY. STATE OF NEW YORK) SS: COUNTY OF ~',-, 5 F~k) ~///__/_.., g ,~Aff,~ &~/~'"~ being duly swum, deposes and says that (s)he is the applicant (Name of individual signing contract) above named_.~_ (S)Heis the ~? (Contractor, Agen Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this ~-'~-' L ) dayof ,.~¢~{-er,-ho~- 20a~ NOTAR~ PUBLIC Stateof New 'to No. 01JU605940(~ Qual ed In SuffoLk CountV ! Commission Exp res May 29, 20 II , December 18, 2009 Jon D. Libasci, Architect 435 Central Park West Suite 4H New York, New York 10025 212 280 1046 libasciOmsn.com OfC 2 2 BLDG. DEPI. TOWN O[ SOUIHO[D Building Depanmem Town Hall Annex Building 54375 Route 25 P.O Box 1179 Southold, New York 11971 Attention: Mr. Gary Fish Building Inspector Re: LiCalzi Residence 2105 Calves Neck Road SCTM No.: 1000-70-04-46.1 Dear Mr. Fish: This is to cerdfy that the existing septic system for the pool house at the above referenced premises is in good condition, functioning properly and is adequate for the intended use. Very truly yours. FORM NO. 3 NOTICE OF DISAPPROVAL DATE: November 3, 2008 Revised: February' 10, 2009 TO: William Gorman ( Luke Licalzi) P.O. Box 1447 Mattituck, NY 11952 Please take notice that your application dated September 3, 2008: For permit to construct additions and alterations to an existing accessory structure and for an "as built" pool house at: Location of property: 2105 Calves Neck Road, Southold, NY County Tax Map No. 1000 - Section 71) Block 4 Lot 46.1 Is returned herewith and disapproved on the following grounds: The proposed additions and alterations to these existing accessory structures, in the Residential R-40 District is not permitted pursuant to Article XXIII 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 accessory garage, which has a pre-CO, and "as-built" pool house(built without a permit) structures are located in the side yard. The garage has a side yard setback of 1+/- feet. The new construction will maintain those setbacks. Pursuant to the ZBA's interpretation in Walz (//5039), such additions and alterations will thus constitute an increase in the degree of non-conformance. Additionally, pursuant to Section 280-15(F) in the AC District and low density R-80... accessory buildings/structures or other accessory uses shall be located in the required rear yard. In the case of waterfront parcels, accessory buildings/structures may be located in the front yard... The existing garage, on this 58,519 sq. fi. lot, is located in the side yard with a side yard setback of 1+/- feet the required side yard setback is 15 feet. The "as built" pool house is located in the side yard. *Building department records show a pre existing certificate of occupancy, issued for the property in 1996, notes a "two-car garage, a beach house with deck and fireplace, a single family dwelling and a BBQ with shed." Following a review of the survey dated 1996 submitted to the building department for the issuance of the pre-existing certificate of occupancy, the "BBQ with shed" has been replaced by the "as built" pool house. The pool house has no CO. This Notice of Disapproval was written based on a survey on file by Joseph In~egno last dated October 24, 2003. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Building Department. FORM NO. 3 NOTICE OF DISAPPROVAL TO: William Gorman ( Luke Licalzi) P.O. Box 1447 Mattituck, NY 11952 DATE: November 3, 2008 Revised: February 10, 2009 Revised: February 23, 2009 Please take notice that your application dated September 3, 2008: For permit to construct additions and alterations to an existing accessory structure and for an "as built" pool house at: Location of property: 2105 Calves Neck Road, Southold, NY County Tax Map No. 1000 - Section 71) Block 4 Lot 46.1 Is returned herewith and disapproved on the following grounds: The proposed additions and alterations to these existing accessory structures, in the Residential R-40 District is not permitted pursuant to Article XXIII 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 accessory garage, which has a pre-CO, and "as-built" pool house(built without a permit) structures are located in the side yard. The garage has a side yard setback of 1+/- feet. The proposed height is 25 feet where 22 feet is the maximum allowed. The new construction will maintain those setbacks. Pursuant to the ZBA's interpretation in Walz (#5039), such additions and alterations will thus constitute an increase in the degree of non-conformance. Additionally, pursuant to Section 280-15(F) in the AC District and low density R-80... accessory buildings/structures or other accessory uses shall be located in the required rear yard. In the case of waterfront parcels, accessory buildings/structures may be located in the front yard... The existing garage, on this 58,519 sq. fi. lot, is located in the side yard with a side yard setback of 1+/- feet the required side yard setback is 15 feet. The "as built" pool house is located in the side yard. *Building department records show a pre existing certificate of occupancy, issued for the property in 1996, notes a "two-car garage, a beach house with deck and fireplace, a single family dwelling and a BBQ with shed." Following a review of the survey dated 1996 submitted to the building department for the issuance of the pre-existing certificate of occupancy, the "BBQ with shed" has been replaced by the "as built" pool house. The pool house has no CO. This Notice of Disapproval was written based on a survey on f'de by Joseph In~egno last dated October 24~ 2003. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Building Department. ! ! SURVEY OF PROPERTY CALVES NECK TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S,C, TAX No. t000-70-04-46/I Tow n of $outhold Erosion, Sedimentation & Storm-Water Run-off ASSESSMENT FORM PROPERTY LOCATION: $,C.T.M. #: THE FOLLOWING ACTIONS MAY REQUIRE THE 8UBMISSION OF A District Section Block · ~1~;. I STORM-WATER, GRADING, DRAINAGE AND EROSION CONTROL PLAN Lot CERTIFIED BY A DESIGN PROFESSIONAL IN THE STATE OF NEW YORK. Item Number: (NOTE: A Check Mark (~) for each Question is Required for a Complete Application) Will this Project Retain All Storm-Water Run-Off Generated by a Two (2") Inch Rainfall on Site? / r'~ (This item will include all run-off created by site clearing and/or construction activities as well as all Site Improvements and the permanent creation of impervious surfaces.) Does the Site Plan and/or Survey Show All Proposed Drainage Structures Indicating Size & Location? // r'~ This Item shall include all Proposed Grade Changes and Slopes Controlling Sun'ace WaterFIowl 7'-- Will this Project Require any Land Filling, Grading or Excavation where there is a change to the Natural F'~ Existing Grade Involving more than 200 Cubic Yards of Matedal within any Parcel? -- Will this Application Require Land Disturbing Activities Encompassing an Area in Excess of F'~ Five Thousand (5,000) Square Feet of Ground Surface? ~ -- Is there a Natural Water Course Running through the Site? N / Is (his Pro act within the Trustees jurisdiction or within One Hundred (100') feet o a We and or Beach~ ~L..~J -- Will there be Site preparation on Existing Grade Slopes which Exceed Fifteen (15) feet of Vertical Rise to r'~ One Hundred (100') of Horizontal Distance? ~ -- Will Driveways, Parking Areas or other Impervious Surfaces be Sloped to Direct Storm-Water Run-Og r~ into and/or in the direction of a Town right-of-way? ~L.~J -- Will this Project Require the Placement of Material, Removal of Vegetation and/or the Construction of any Item Within he Town R gh -of-Way or Road Shoulder Area? ~ -- (This item will NOT include the Installation of Driveway Aprons.) Will this Project Require Site Preparation within the One Hundred (100) Year Floodplain of any Watercourse? NOTE: If Any Answer to Questions One through Nine is Answered with a Check Mark in the Box, a Storm.Water, Grading, Drainage & Erosion Control Plan is Required and Must be Submitted for Review Prior to Issuance of Any Building Permit! Yes No EXEMPTION~ Yes No Does this project meet the minimum standards for c ass flcation as an Agricultural Project? // Note: If You Answered Yes to this Question, a Storm-Water, Grading, Drainage & Erosion Control Plan is NOT Requiredl __ __ STATE OF NEV¢ YORK, COUNTY OF .................. ss That I, ......~...£.~.I,,.~..UI,,&......~.~..... being duly sworn, deposes and says Omi he/she is d~e applicant for Permit, (Name of individual sig ffin~ Documenl) And that be/she is the ............................ t~K~.,.,. ,~.,........... ............................................................................................. (Owner, Con[ratter, Agent, Corporate Officer, etc ) Owner and/or representative office Owner of Owner's, and is duly authorized to perform or have perlbrmed the said work and to make and file this application; that ail statements contained in tiffs application are true to the best of his knowledge and belief; and that the work will be pedbrmed in the manner set forth in the application filed herewith. Sworn to before me dfis; ........ day of...~ O--¢4 ¢' ~''' 6 e''', 20 ..... O~ Notary Public: .......... ~....~...~. /,~<:,~--7 o - ,/-/~:. / TOWN OF $OUTHOLD ~OpERTY RECORD CARD OWNER ~/z,RMER OWNER~, STREET VILLAGE DISTRICT SUB. ACREAGE ,' ~ TYPE Of BUILDING LOT RES. ,~//_..9 SEAS. VL. FARM COM~. IND. LAND ~ IMP. TOTAL DATE REMARKS AGE NEW / $ '1~ f~Y. /~/, / ~ 3,// /0% BUILDING CONDITION NORMAL BELOW CB. I MISC. ABOVE Form Acre Value Per Acre Value Tillable 1 Tillable 2 Tilloble 3 -~4 '(0 Wcod[ond Swomplond Brushlanc~ House Plot Toro I M. Bldg. xten§ion ;~xten~on Garage~ O. B~ Floors -rEAl< Interior Finish f~,i, :': Fire Place He~ Porch I 0~. IAttic / Porch Rooms 1st Floor Patio ~q"{~, }7.~ ~j R~ms 2nd FI~, Driveway ~ FORM NO. 3 TOWN OFSOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: November 3, 2008 TO: Luke Licalzi 19 Prospect Avenue Garden City, NY 11530 Please take notice that your application dated March 14, 2003 For permit for an "as built" accessory pool house and alterations to an existing accessory garage at Location of property: 2105 Calves Neck Road, Southold, NY County Tax Map No. 1000 - Section 70 Block 4 Lot 46.1 ls retumed herewith and disapproved on the following grounds: The "as built" pool house is not permitted pursuant to Article III, Section 280-15, which states that accessory buildings and structures shall be located in the required rear yard. The "as built" pool house is located in the side yard. The applicant claims that the pool house was built prior to zoning. However, further research by this department has discovered that a pre-existing certificate of occupancy, issued for the property in 1996, notes a "two car garage, a beach house with deck and fireplace, a single family dwelling and a BBQ with shed." Following a review of the survey submitted to the building department for the issuance of a pre-existing certificate of occupancy, the pool house, noted on the "as built" survey, has replaced the "BBQ with shed." Furthermore, the pool house is not located on the property, card on file with The Southold Town Board of Assessors. Therefore, the Southold Town Building Department has determined that the structure is illegal and in violation of Southold Town Code. In addition, the proposed additions and alterations to the existing nonconforming accessory garage are not permitted pursuant to is not permitted pursuant to Article III, Section 280-15, which states that accessory buildings and structures shall be located in the required rear yard. The existing accessory garage is nonconforming because it is located in the side yard. The applicant proposes to put on a second story. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at yoUngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://s°uth°ldt°wn'n°rthf°rk'net [~I ~ ~:~ ~' ~ ~ff ~ ~'~m BOARD OFAPPEAL$ I~J Ill -/~.~ TOWN OF SOUTHOLD ]- -/ dtJ[ 29 ~ IL Tel. (631) 76S-1809 Fax (631) 765-~ ~ r0wN FINDINGS, DELIBERAIION8 AND DEIERMINAIION Meetin§ Hold Juty 21, 2000 ZB File # 6280 - Luke '.l_ica z, App cant Property Location: 2105 Calves Neck Road, Southold CTM # 1000-70-0446.1 Public Headng Date: May 28, 2009 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY .ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated March 17, 2009 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. PROPERTY FACTS/DESCRIPTION: The applicant's 58,518 square foot parcel is located along the east side of Calves Neck Road in Southold and water fronts along eastern property lines on Jockey Creek. The lot is improved with a 1-1/2 story frame house, detached accessory garage, accessory pool structure, accessory in- ground swimming po~!, and accessory frame beach structure, all as shown on the September 7, 2000 survey of premises prepared b~Nathan Taft Corwin III, L.S., revised February 12, 2009. BASIS OF APPLICATION: Requests for Variances under Sections 280-15-F and 280-122, based on the Building Inspector's ~vised February 23, 2009 [qotice of Disapproval concerning proposed additions and alterations to the exis6i~g accessory structure and conCerning the accessory building (as-built pool-house) which are not permitted, for the following reasons: AccessoryGarage Budding w~th proposed additions/alterations: a) create an increase in the degree of the side yard location nonconformance, where the code permits a location in a rear yard or front yard on this waterfront parcel; b) create an increase in the degree of the setback to the side property line at less than the code required minimum of 15 feet on this 58,519 square foot lot; Page 2 - July 21, 2009 ZB File # 6280 - Luke LicaJzJ, ,Applicant CTM # 1000-70-04-46.1 at 2105 Calves Ned( Road, Sou~old c) create a new nonconformance with respect to 0~e proposed height at 25 feet, where 22 feet maximum is the code limitation; 2) Accessory Pool Building: The as-built construction is in a side yard, where ~ code permits a location in a rear yard or fTont yard on.this waterfront parcel. LWRP: TOWN CODE CHAPTER 268: The May 12, 2009 reply letter from Mark Teny and Scott Hilary, LWRP Coordinators, addressing the variance for side yard location nonconformance and ~tback to the side property line for garage and side yard variance for pool house, recommends the proposed actions are EXEMPT pursuant to Subsec~on 268-3. FINBINGS OF FACT The Zoning Board of Appeals held a ~blic hearing on this application on May 28, 2009, at which time written and .omi evidence warn presented. Based upon all testimony, documentation, personal inspection of the pmporty, and o~her evidence, the Zoning Board finds the following facts to he line and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant requests the follo~ng variances: A. To allow the constmclion of a second-story addition with a proposed height of 25 feet to an accessory non-conforming .pre-existing two-car garage with a one-foot side yard setback and Iocalton in a side yard, and B. To allow a preexisting, as-built accessory pool structure to he located in a side yard, instead of the code-required rear yard. ADDITIONAL INFORMATION Bu!ldin~. Department records show a pre-existing certirmate of occupancy was issued for the property in 1996 which includes a C.O. for a 'BBQ with Shad', and which has been replaced.by the 'as built" accessory pool structure. Them is a prior Appeal ZBA Rle# 5488 which requested a variance for an as-built swimming pool and a variance for an as-built accesso~/pool slmcture. Relief was granted only for the as-built swimming pool; under the same application at the request of the applicanL that part of the decision pertaining to the variance for the accessonj pool slmctore was ommed. Under ZBA Rle# 5488; the applicant contirmed he wished to pursue r~ '~ ~' application status separately in order to prevent any delay in obtaining a Cefdficata of Occupancy for the swimming pool, and the record also indicated addiltonal information related to the.pool structure was necessary under ZBA File # 5488. REASONS FOR,BOARD. ACTION: On the basis'of testimony presented, mate~iais submitted and personal inspections, the Board makes ~ following findings: 1. To~n Law_~267-b(31(b)(31(11. A. Grant of Ihe variances for a proposed second.story addition fo the existing garage will produce an undesirable change in the character of lhe neighborhood or a detriment fo neaby properties. The pre-existing, Page 3- July 21, 2009 Z8 File fi 6280 - Luke I.icalzi, Applicant CTM fi 1005-70-04-46.1 at 2105 Calves Neck Road, Soul,old accessory nonconforming one-story two-car garage sits only one (1') foot from the side property line. A second- story addition will increase the nonconformance by 100% and be significant te the extent beyond the minimum necessary and beyond what the beard will allow, and will create impacts by virtue of its .proposed height and proximity to the neighbors. B. Grant of the variance for the as-built nonconforming accessory p0ol slmcture to exist in a side yard will not produce an undesirable change in the character of the neighborhood or a debiment to nearby properties. The front of the properly is heavily screened with evergreen'trees restricting the visibility of this structure from surrounding properties. 2. Town Law .~267-b(3~b)(21. A, The benefit SOught by the applicant of a second story addition te the garage to be used as an Office/Studio. can be achieved by some method, feasible for the applicant to pursue, other lhan an area variance. The applicant has other locations available on his property to conslroct an Office/Studio that will not require the need for a variance. B. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance for the location of the as-built accessory pool slmcture because the s~cture is as-built and exists in a side yard. 3. Town Law.~267-b(3)~b)(3). A. The variance requested for the second-story garage addition is substantial, resulting in a 100% increase in the side yard nonconformity. B. The vadance for a side yard Iocalion requested for the as-built Accessory Pool Structure is not substanlial because the structure is one-story, 171 square feet and is 20.5 feet from the side property line. The premises had a Cerltficato of. Occupancy under a different name: 'BBQ shod', and this- accessory structure continues to exist in the same location and form. 4. Town Law.~207,b{3){b)(5). A. W'~ respect to the second story garage addition, the difficulty has been self created. The applicant has addilJonal locations on this parcel where a code conforming accessory structure or addition to the house may be ~onslructed without the issuance of an area variance. B. With respect to the as-built Accessory Pool Slrocture, the difitaJlty has not been self created because the structure pre-exists in ils present location. 5. Town Law _~267-br3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse irnpact on the physical or environmental conditions in Ihe neighborhood. 6. Town Law ~267-b Page 4 - July 21, 2009 ZB File # 6280 - Luke UceJzi,/~aticant CTM # 1000-70-04-46.1 at 2105 Catves Neck Road, Soulhold A. The Board finds, upon applying the balancing test, that delriment to the character of the neighborhood and the health, safety and welfare.of the community in granting the requested relief for the construction of a second stop/addition to lhe pre-exJsting nonconforming garage outweighs the benefit of the appticant. B. The Board finds, upon applying the balancing test, that granting of the relief requested for the s~e yard variance forthe es-built accessory poolslmclure is the minimum action nocessar~ and adequate to enable the applicant to enjoy lhe benefit of his property, while preserving and pmtacting [he character of the neighborhood and the health, safety and welfare oflhe community. RESOLUTION OF THE BOARD: In conskle~ng all of ~ above factors and applying the balancing test under New York Town Law 267-B, motion wes offered by Member Schneider, seconded by Member Simon, and duly carded, to DENY the variances es applied for,.cenceminq the conslluclJon of the second-sto~ addition to the non- conformina existi~ twe-car ,qamqe, except genera! repair in place and in kind to this existing slmcture, and, further to GRANT the variance as applied for, only concerning the location of the pre-exJsting accessory pool structure with toilet, sink and shower, in a side yard subject fo the followirig CONDITIONS: 1. Structure shall not be used for ha. bitalion. 2. Structure shall not contain a stove or cooking preparation equipmenL That the above conditions be written into the Building Inspector's Certificate of Occupancy, When issued. The Board rosen'es Ihe right to subsfitute a similar design that is de minlmis in nature for e~ ~ ~ ~ not ~ ~ Vote of ~e Board: Ayes: Members GoehrJnger (C~'~V'~-~, and S~neider. - This Resolution EXISTING STRUCTURE * SEASONAL POOL HOUSE * NOT FOR HABITATION * NO HEAT Poolhouse 51ab Level C.O. II Ex,5'cmej 5hower 5tall E×lCt;ineJ Cai;broom Ven'c Thru Roof Wet Bar 5ink 11 }}To Approved Sanitary System Plumbing Riser Diagram Not ~:o scale 12 G.5 +/- ExIstIFI~ 5ectlon Scale: ~l' = i t-Oil Existing Front Elevation Scale: ~:' = I '-0" (~) Existing Left 51de Elevabon Scale: ~': = t '-O" Existing Right 51de Elevation (~ Existing Rear Elevation Scale: ~" = ILO:: 5male:/4" = ILO': 51ab on Qrade 4" ~hlck concrete dab on well compacbed Existing FouFidatlon Plan 5cale:~" = ILO" PLUMBING ALL PLUMBING WASTE & WAI'BR LINEB NEED TESTING BEFORE COVERING CERTIFICATION OF NAILING & OONNECT'DNS PLUMBER CERTIFICATION REQUff ,~l-,. ~N LEAD CONTENT PEFORE .... ONSTRI JrT]: '~ ~: ~'l I S , ~EETTHERbU~ ~,: ~, ' ~ ......... R CODESOFNEd ~cL.,,ZAiE. ~ 3,_s,EXCEED 2/10 O,~ 1 % L .,-,IMP,_, ~/~lTiq ALI CODES OF NEW ~, O& / STATE & TOWN CODES AS F',~OU~F~ AND CONDITIONS OF ~MUTMOLB TOWN TR~ISTEES 5calel' ~'1 = [ l--Oil N.YS. DEC UNDERWRITERS CE~[FICAT[ REQUIRED RETAIN STORM WATER RUN' JRSUANT TO CHAPTER 23 NYLIC. 03J ~85-1 PA LIC." DATE: July 14, 2008 Existing Structm~e A-1