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HomeMy WebLinkAbout6384 lo9,2 i~' +/_ ~ 35' +/% ~d~ BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard R Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor~ Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 RE~£1VED. . FINDINGS, DELIBERATIONS AND DETERMINATIO~uthold low~l CI0r[ MEETING OF JULY 29, 2010 ZBA FILE: 6384 NAME OF APPLICANT: Joseph F. Gonzales PROPERTY LOCATION: 2700 Ole Jule Lane, (adj. to James Creek) Mattituck SCTM # 1000-122-04-14 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 April 29, 2010 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP: This application was referred for reviewed under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued his reply dated June 21, 2010,.based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: Subject property consists of 12,216 sq. ft. of buildable area with a dredged canal containing 2,371 sq. ft. and a bulkhead in the rear, per the survey dated January 22, 2010, by Nathan Taft Corwin III, LS. It is improved with a one story single-family dwelling and two accessory sheds. It has 100.16 feet of frontage on Ole Jule Lane, 155 feet along the western property line, 100 feet along the northern property line and 155 feet along the eastern property line. BASIS OF APPLICATION: Request for Variances from Code Section 280-116 based on an application for building permit and the Building Inspector's Amended December 10, 2009, Updated March 9, 2010, Notice of Disapproval concerning "as built" rear deck and existing sheds, at less than the code required setback from a bulkhead of 75 feet at; 2700 Ole Jule Lane Mattituck, NY. SCTM#1000-122-4-14. (adj. to James Creek) RELIEF REQUESTED: The applicant proposes to complete the construction of an as-built deck having a proposed setback of 45 feet from a bulkhead. The applicant also proposes to maintain the location of two as-built sheds at approximately 19 and 35 feet respectively from the bulkhead as shown on the survey prepared by Nathan Taft Corwin, L.S. dated February 11, 2005 and revised January 22, 2010. FINDINGS OF FACT/REASONS FOR BOARD ACTION: Page ~ July 29, 2010 ZBA File#6384 Joseph F. Gonzales The Zoning Board of Appeals held a public hearing on this application on June 30, 2010, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and otherevidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: On the basis of testimony presented, materials submitted and ,ersonal inspections, the Board makes the following findings: 1. Town Law §267-b(3)(b)(1). Granting of the requested variance for the proposed as built deck and alternative relief for the locations of the existing sheds will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. A majority of the homes along the canal have rear yard decks and other structures within 75 feet of the bulkhead. 2. Town Law §267-b{3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The rear of the existing dwelling has a 60 +/- foot setback from the existing bulkhead, consequently any proposed structure in the rear yard will require an area variance for its location. 3. Town Law §267-b(3)(b)(3). The variance requested herein for the proposed as-built deck is mathematically substantial, requiring a 40% variance to the code required 75 foot setback from the bulkhead. However, the requested variance for the proposed as-built deck is not substantial when compared to the existing setbacks from bulkheads to structures of nearby properties. 4. 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. 5. Town Law §267-b{3){b)(5). The difficulty has not been self-created. The location of the existing dwelling pre-exists Section 280-116(B) of the Code, which requires a setback of not less than 75 feet from the bulkhead to buildings and structures . This, not less than 75 foot setback from the bulkhead, encompasses the entire rear yard of this parcel. 6. Town Law §267-b. Grant of the requested relief for the setback of the proposed as-built deck is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a rear yard deck while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. Grant of alternative relief for the locations of the sheds is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of sheds in the rear yard while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Schneider, seconded by Member Homing, and duly carried, to GRANT, the variance as applied for the proposed "as built" deck shown on the survey prepared by Nathan Taft Corwin, L.S. dated February 11, 2005, revised January 22, 2010 and the architectural plans prepared by Accent Architecture, Job #08-027, sheet # A-1 of 1, ZBA received stamp dated March 18, 2010, and DENY, the variances for the shed locations as applied for, and GRANT ALTERNATIVE RELIEF for the sheds as noted below: 1. Sheds shall be located not less than 35 feet from the bulkhead and conform to all other applicable Code requirements. Page ~ July 29, 2010 ZBA File//6384 - Joseph F. Gonzales CTM: 1000-122-4-14 Condition: The "as built" deck shall remain open to the sky. That the above condition be written into the Building Inspector's Certificate of Occupancy, when issued. Before applying for a building permit1 the applicant or agent must submit to the Board of Appeals for approval and filing, two sets of the final survey conforming to the alternative relief granted herein. The ZBA will forward one set of approved, stamped drawings to the Building Department. Failure to follow this procedure may result in the delay or denial of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. 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 sim#ar design that is de minirnis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Goehringer, Dinizio, Homing, Schneider. (Absent was: Member Weisman (Chairperson) This Resolution was duly adopted (4 -0). Leslie Kanes Weisman, Chairperson Approved for filing ~ /~,P /2010 Southold Tow~ CIor~ \ \ 100.00' ~ ST~EE~ THE EXISTENCE OF RIGHTS OF WAY AND/OR EASEMENTS Or RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. SURVEY OF PROPERTY SlTUA T£ MATTITUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-122-04-14 SCALE 1"=20' FEBRUARY 11, 2005 MARCH 5, 2005 ADDED DRYWELLS MARCH 31, 2005 ADDED NON-TURF BUFFER FEBRUARY 26, 2009 UPDATE SURVEY NOVEMBER 25, 2009 UPDATE SURVEY JANUARY 22, 2010 REVISED PER BOARD OF APPEALS L~rTER DATED 12/16/2009 AUGUST 26, 2010 SHOW RELOCATION OF SHED SEPTEMBER 15, 2010 SHOW RELOCATION OF SHED AREA = t4,587 sq. fl, 0.335 ac. BUILDING LOT COVERAGE OVER UPLAND AREA (12,216 sq. ft.) DESCRIPTION FINAL MAP ~ oEVlEWED BY ZBA ~ EE DEGI:~un ~- ' -~'-- 'L ' ~LH I I u . tiNCT COVERED BY DECK) 9.6 57.39' AREA % LOT COVERAGE 1,$64 sq. ft. 11.2% 288 sq. ft. 2.4% 0.8% 104 sq. ff. 320 sq. ff. 2,076 sq, ff. 2.6% ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM EXISTING ELEVATIONS ARE SHOWN THUS:~ F. FL. FIRST FLOOR O. FL. - GARAGE FLOOR PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS EOR TITLE SURVEYS BY THE LEA.ES AND APPROVED A FOR SUCH USE BY THE NEW TITLE ASSOCIATION. RECEi'VED S£P ~ ,~ 201~ BOARD OF APPEALS N.Y.S. Lic. No. 50467 Nathan Taft Corwin III Land Surveyor UNAUTHORIZED ALs~A~RATION OR ADDITION TO THIS SURVEY IS VIOLATON OF SECTION 7209 0 ~k~ NEW YORK STATE \ Title Surveys -- Subdivisions -- Site Plans -- Construction Layout PHONE (631)727-2090 Fox (631)727-1727 OFFICES LOCATED AT MAILING ADDRESS 1586 Main Road P.O. Box 16 Jamesport, New York 11947 damesport, New York 11947 25-023C I0( ' £ XNAL '~ L H~D BULKNEAD J EXIST NG ~/~ NOO0 FENCE \ NEN DECK 48.2' EXISTING ONE 5TORT FRAHE ONE FAHILT DNELLING ~,~_E×ISTING CONC UTE \ \ \ ~OT PL tN 2700 OLE JULE LN 15 15 AN ARC TECTURAL PLOT PLAN BADED ON INFORHATION 5HOHN 5CALE~ J" = 20' ON A 5URVET P ~,FORMED BT }2E5EPfl A INGEGNO LAND 5URVETOR ON 2/11/05 ZONING INFORMATION ;ECTION J22 BLOCK4 LOT14 ZONE R-40 OCC GROUP ~-~ CONST CLASS v. REBULTS COMMENT8 LOT AREA 14587.36 SF UNCHANGED LOT COVERAGE PROPOSED ( 70 SUED + I: 97 HOUSE + 505.5 DECK / 145§7.56 ) x lO0[ 12% 1743.2 SF LOT COVERAGE PERMITTED MAX20% 2917 SF C0NFORNtlNG SETBACK TO BULKHEAD PROPOSED 45 +1- FT SETBACK TO BULKHEAD PERMITTED MIN 75.00 FTVARIANCE REQUIRED SIDE YARDS PROPOSED TO DECK 31,4 & 41.43 FT SIDE YARDS PERMITTED MIN 15.80 FTCONFORMING SIDE YARD AGGREGATE PROPOSED TO D CK 72.83 FT SIDE YARD AGGREGATE PERMITTED MIN 35.00 FTCONFORMING REAR YARD PROPOSED TO DECK 66.95 FT REAR YARD PERMITTED ~IlN 50 FT CONFORMING FRONT YARD PROPOSED 33.2 FT :RONT YARD PERMITTED ~IN 50 FTPRE-EX I ST lNG & UNCHANGED FLOOR AREA 1369,7 8F EXISTING PROPANE TANK~ 4 NEN DN NOOD DECK r36" HIGN RAILING EXISTING ~)PIt~,$T PLOQ~, PLAN SCALE~ I/4" = _ELEVATION SCALE:l/4" = ['-0" (~l ~t= I=L[EV'ATION SCALEd/4" = I'-o" SCALEd/4" = RECEIVED MAR 1 It 2.010 BOARD OF APPEALS 173 HILLSIDE AVE WILLISTON PARK, NY 11596 REVISIONS / CC \RCHITECTURE PH (516) 547-9314 FAX (516) 547-9330 .r~,,.~,,.~,pro~,~ AS NOTED DRAWN BY CHECKED BY DATE OF AN EXISTING DECK & NEW SLIDING DOOR GONZALES RESIDENCE 2700 OLE JULE LN MATTITUCK, NY 11952 FITLE VARIANCE PLANS JOB # 08-027 SHEET # A-1 1 TO: Joseph F. Gonzales 2700 Ole Jule Lane Mattituck, NY 11952 FORM NO. 3 NOTICE OF DISAPPROVAL DATE: January 2, 2009 Revised: August 17, 2009 ~OARD OF AppE41~ Please take notice that your application dated December 30, 2008, For permit for "as built" rear deck and existing shed at: Location of property: 2700 Ole Jule Lane Mattituck County Tax Map No. 1000 - Section 122 Block 4_ Lot 1~4 Is returned herewith and disapproved on the following grounds: The "as built" rear deck on this existing single family dwelling is not allowed pursuant to Article XXII, section 280-116 (B), which states ~'AI1 building or structures located on lots upon which a bulkhead ...exists... shall be set back not less than 75 feet from the bulkhead." The plans show the existing deck setback 45 feet from the bulkhead and the existing shed is approximately 46+/- feet from the bulkhead. Further pursuant to Article III, Section 280-15, accessory buildings and structures; "accessory buildings and structures or other accessory uses shall be located in the required rear yard..." The "as built" deck places the existing ~hed in the side yard. This disapproval is based on the plan submitted by Accent Architecture, noted as job # 08-027, sheet A-1 of 1. 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. TO: FORM NO. 3 NOTICE OF DISAPPROVAL Joseph F. Gonzales 2700 Ole Jule Lane Mattituck, NY 11952 Amended: 12/10/09 Please take notice that your application dated December 30, 2008, For permit for "as built" rear deck and existing shed at: Location of property: 2700 Ole Jule Lane Mattituck County Tax Map No. 1000 - Section 122 Block 4 Lotl4 Is returned herewith and disapproved on the following grounds: The "as built" rear deck on this existing single family dwelling & the accessory shed is not allowed pursuant to Article XXII, section 280-116 (B), which states "All building or structures located on lots upon which a bulkhead ...exists... shall be set back not less than 75 feet from the bulkhead." The plans show the existing deck setback 45 feet from the bulkhead and the existing shed is approximately 35+/- feet from the bulkhead. This disapproval is based on the plan submitted by Accent Architecture, noted as job # 08-027, sheet A-I of 1. *Amended Based upon survey updated 11/25/09. A ~o~rized 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. TO: Joseph F. Gonzales 2700 Ole Jule Lane Mattituek, NY 11952 FORM NO. 3 NOTICE OF DISAPPROVAL Amended: 12/10/09 ,Updated: March 9, 2010 RECEIVED BOARD OF APPEALS Please take notice that your application dated DeC~mber 30, 2008, For permit for "as built" rear deck and existing sheds at: Location of property: 2700 Olc Jule Lane Mattituck County Tax Map No. 1000-Seetion 122 Block4_ Lotl4 '. Is retu_med herewith and disapprOved on.the, following grounds: The "as built" rear deck on this ex]sting single ~amily'dwelling & the accessory sheds are not.all0~ved Vursgant to ARiclo XXII; sect/on 280:116 CB)~ which states "All building or stmct3U'~.lgcate~Lonlots open which a bulkhead ...exists... sbalt be set back not l~s than 75 :feet .from the bull&~d., The.planS show tl~ existin~ deck$etback 45 feet from the bulkhead and the existinr, sheds at ammmimatelv 19+- and 35+/- ~ respectively from tho bulkhead. .'This d~ _.m~al is bnsed on tho vlnn submitted-by Accent Architecture, noted ns job. # 08~027. sheet A-I of 1. ~:~. -. . '. !.. ~:': 'j... : .- _" .~ ~ · ,=· · IJl~_~t_ed. based unon su~e¥'umintedf=22-i0. 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 Hall Annex 54375 State Route 25 (cor. 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 RECEIVED MEMORANDUM BOARD OF APPEALS To: Leslie Weisman, Chair Town of Southold Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date: June 21,2010 Re: JOSEPH F. GONZALES #6384. Location: 2700 Ole Jule Lane Mattituck, NY SCTM# 1000-122-4-14 11:30 A.M. JOSEPH F. GONZALES #6384. Request for Variances from Code Section 280- 116 based on an application for building permit and the Building Inspector's Amended December 10, 2009, Updated March 9, 2010, Notice of Disapproval concerning "as built" rear deck and existing sheds, at less than the code required setback from a bulkhead of 75 feet at; 2700 Ole Jule Lane Mattituck, NY. SCTM#1000-122-4-14. (adj. to James Creek) 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 CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP provided 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: Jennifer Andaloro, Assistant Town Attorney DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING April 29, 2010 Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Leslie K. Weisman Chairman Dear Ms. Weisman: Pursuant to the requirements of Sections A 14-14 thru A 14-25 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission are to be a matter for local determination as there appears to be no significant county-wide or inter-community impact. A decision of local determination should not be construed as either an approval or disapproval. Applicants Municipal File Numbers Moy, Sim (c/o Shawn Ban'on) Gonzales, Joseph Abele, John Greene, Andrew Regina's Garden (c/o Edward Harbes) Wren, Mafyl Pappas, Jennie #6383 #6384 #6386 #6387 #6388 #6389 #6390 TRK:ds Very truly yours, Thomas A. Isles 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 APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS Office Notes: For O. ffice Use Only Date Assigned/Assignment No. Parcel House No. Street Hamlet SCTM 1000 Section122 Block 4 Lot(s) 14 Lot Size 3.4,587 Zone I (WE) APPEAL THE WRIT~E~ N DETERMINATION OF ]F,_HE BU1LDI..NG~INSP~ECTOR DATED: August 18, 2009 ~e ~d.~! r¥'~o',f~t. ~0{~3 Joseph Gonzales Applicant/Owner(s):. Mailing Address: 2700 Ole Jule Lane Mattituck, NY 11952 298-1830 Telephone: NOTE: In addition to the above please complete below if application is signed by applicant's attorney, agent, architect, builder, contract Authorized Representative:Bennett Enterprises for (X) Owner, or ( ) Other: PO Box 386 Wading River, NY 11792 Address: Telephone: 6'~1 -a65-~qa7 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: X3 Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction []Other: August 17, 2009 Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code. Article Section 280- Subsection XXII & III 116 & 15 Type of Appeal. An Appeal is made for: ~)~A Variance to the Zoning Code or Zoning Map. [3 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~khas ~ has not been made with respect to this property UNDER Appeal No. Year I . (Please be sure to research before completing this question or call our office to assistyou.). ltqt RECE*[VED Name0fApplicant.Joseph GonzalesCTM# 122-4-14 ZBAFile# ~Sg! REASONS FOR.___.__~PEAL_ (,~ldltlonal sheets may be used with pret~arer's signature): BOARD OF APPEALS AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: Majority of homes on creek have rear yard decks or patios. (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: Home exists with rear yard setback of 61'. (3) Theamountofreliefrequ~t~ bnotsubstantialbecause: It meets 61% conformity with the code requirements and the proposed deck is modest in size. The Shed can be moved if the board so desires. ~) Thevariancewi~~N~Thaveanadversee~e~t~rimpact~nthephysica~~renvir~nmenta~c~~diti~ns intheneighborhoodordistrictbecause: The proposal is for a rear yard deck 45' from bulkhead and shed 46' from bulkhead with shed in side yard. (5) Hastheallegeddifficultybeensel~created? ()Y~,or (~No. Are there Covenants and Restrictions concerning this land: ~ No. [] Yes (pleasejurnish copy). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE .4 TTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) of A thorized Agent ~gent must submit written Authorization from Owner) Swora to before me this day of ~ 0% NOTARY PUBLIC, State d New ~'o~k No, 5008424 Qu~ified in Nassau Coun~ CommiSsion Expires Feb, 22, 1,~,.~,0 ~ ~, APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Joseph Gonzales Date Prepared: I. For Demolition of Existing Building Areas Please describe areas being removed: n/a ~ECE~VED 12-10-09 BOARD OF APPEAL~ II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: n/a Dimensions of new second floor: n/n Dimensions of floor above second level: . · . · ?a. Hetght (from fimshed ground to top of ndge~: Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: n/a III. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Appl±cant proposes to legalize an existing deck and shed. Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: Proposed increase of building coverage: Square footage of your lot: Percentage of coverage of your lot by building area: V. Purpose of New Construction: 1756 sf n/a 14,587 14.4~ n/a VI. Please describe the land contours (fiat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): Flat Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 RECEIVED QUESTIONNAIRE BOARD OF APPEALs FOR FI{ ,lNG VvTfH YOUR Z.B.A. APPLICATION Is the subject premises listed on the real estate market for sale? [3 Yes ~ Bio Are there any proposals to change or alter land contours? Xl No [] Yes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses? no 2) Are these areas shown on the map submitted with this application? n/a 3) Is the property bulkheaded between the wetlands area and the upland building area? yes 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? yes Please confirm status of your inquiry or application with the Trustees: perm± t lq'o. 6 9 7 4 and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? no E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown (Please show area of these on the survey map that you are submitting? structures on a diagram if any exist. Or state "nonCeS°on the above line, if applicable.) F. Do you have any construction taking place at this time concerning your premises? ~ o If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? Bo If yes, please label the proximity of your lands on your map with this application. H. Please list present use or operations conducted at this parcel S ingle family dwe 11 ing and proposed use single family dwelling (examples: existing: single-family; propose? same with garage or pool, or other description.) ~kutho~ed 8::i~mature and Date ~,/ 2/05; 1/07 61Z21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAl, ASSESSMENT FOP~M For UNLISTED ALTION$ Only PART I - Project ;[nfonzaation (To be complete by Applicaat or ProjeCt sponsor) 1. Applicant / Sponsor 2. Project Name 3.' Proje : ' p 4. Precise ~ocatlon (Street address and road intemecflons, prominent landmarks, etc. or provide map) ~OA~D OF APPEALS 5. is pm~posed action: I(~"~IEW ( ) EXPANS'ON ( ) MODIFICATION / ALTERATION'"" 6. Describe project briefly: 7. Amount of land affected: f'nltiafly: ~_ acres j, Ultimately: acres 8, Will pr U pi ~tJng or other exJsling land use resections:( ~)"?~S ( ) NO If No, describe bdefly: 9. Wh,~is present land use in vicinity of proiect: (describe): (L.~esidential ( ) Industrial ( ) Commercial ( ) Agricultural ( ) PaddFores~/Open Space ) Other 10. Does action involve a permit approvat or funding now or u t mately from any other Governmental agency,(Federal, State or Local) '~ (,-~Y~ES ( ) NO If Yes, list agency(s) and permit/approvals: ~ aspect of the action have a currently valid permit or approval? ~]( v)~ES~.~-2-~p~o If Yes, list agency(s) and permit/approvals: 12. As a result of proposed action, w;ll exJsllng permit/approval require modification? I( ) YES ( ) NO If Yes, Iisi agency(s) and permil/approvals: I certify that the information provided above is true to the best of my kn, owledge If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics amhibits conflicts of interest on the oert of town officers and emoloveez. Thc ouroose of this form is to v .m~vtde a~fin marion whzch can alert the town of onsszble conflicts of intorast and allow it to ~ke whatever action is (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, indlca~ thc other NAME OFAPPLICAT1ON: (Check all that apply.) Tax grievan~ Building ~ Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (if"Other", name the activity.? Do you personally (or through your company, spouse, sibl rig, parent, or child) have a relationship with any officer or employee of thc Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a busincss~ 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 emptoyee owns mom than 5% of thc shares. YES NO If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by thc Town of Southold Title or position of that person Describe the relationship between yourself 0he applicant/agenffrepresontative~ and the town officer or employee. Either check the appropriate linc A) through D) and/or desctibe in the space provided The t~wn officer or employee or his or her spouse, sibling, parent, or child is [check all that apply): __A} thc owner of greater than 5% of the shares of the coq~ycata 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 Form TS 1 SubmiRed this.~"~ day Signature Print Name RECEIVED APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S 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. YOUR NAME: (~ (~/~'~ /~ n the name (Last name, first name, mid~k~Jinitial unless you are applying ' of someone else or other entity, such as a company. If so, indicate the other person or company name.) 8OARD OF APPEALS NATURE OF APPLICATION: (Check all that apply.) Tax Grievance ~ Variance Special Exception If "Other", name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other 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 emp~yd~owns more than 5% of the shares. YES NO Compl~e the balance of this form and date and sign below 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 ~ d~ay ~f~~ Signature: ...... rrm( ~'q amc. TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown.NorthFork.net Examined 20__ Approved ., 20 Disapproved a/c Expiration ,20 PERMIT NO. BUILDING PERMIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey_ Check Septic Form N.Y.S.D.E.C. Trustees Flood Permit Storm-Water Assessment Form Contact: Mail to: AUG ] 7 2009 BLDG. DEPT, TOWN OF SOUTHOLO Building Inspector PPLICATION FOR BUILDING PERMIT Date INSTRUCTIONS ,20 a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. 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. ~he 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 corporatio~ (Maihng address of at~licant) / / ?q 2_~ State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder (As ~n 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 proposed work will be done: House Number Street Hamlet County Tax Map No. 1000 Section I 7_T.. Block fl Subdivision Filed Map No. Lot { ¢ Lot 3. Nature of work (check which applicable): New Building State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy '-; d o, b. Intended use and occupancy Addition ,,/" Alteration Repair Removal Estimated Cost 4 If dwelling, number of dwelling units If garage, number of cars /-~- Demolition Other Work (Description) Fee (To be paid on filing this application) / Number of dwelling units on each floor / 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. jO/~l 7. Dimensions of existing structures, if any: Front (--//~), '~ Rear q ~, ~., Depth Height / ~' ' Number of Stories ! Dimensions of same structure with alterations or additions: Front Depth Height. 2 / 8. Dimensions of entire new coflstrucbon: lrront / ~ / Height 2 t Number of Stories / 9. Size oflot: Front /~0 t Rear /~0t Rear Number of Stories Rear /~ ! , Depth Depth /C,~ I 10. Date of Purchase '7- 2 ~- Z_.O O/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 d" NO 13. Will lot be re-graded? YES NO ~'~Will excess fill be removed from premises? YES 14. Names of Owner of premises ~o ~/~&t~te2ad:t_2,_Address~7Oo Ot'~ 7'~/-e~ ~ Phone No. 2q-~ '18 30 Name of Architect Address Phone No Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES ~ NO __ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES ,,/- NO__ * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at I0 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 STATE OF NEW YORK) being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (Contractor, Agent, Corporaie Officer, e/cO ' 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 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. Swo~m tto' before me this ,,n Notar~Iic Jod! A. Bem~tt ~--~'~ '''~ NOTARY PUBLIC, State of New York N o. S00842~"~'~""~ ~ Qualified in NasSau [.;ountY ..... ~ ' ~,nmission Expires Feb, 22, ll(.--,~l~ature of Applicant RECEI~ ED AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD BOARD OFa WHEN TO USE THIS FORM: The forrn must be completed by the applicant for any special use permit, site plan approval, use variance, or subdivision approval on property within an agricultural district OR within 500 feet of a farm oPenttion located in agricultural district. All appllcatious requiring an agricultural data statement mtlst be referred to the Suffolk County Depargraent of Plannlng in accordance with sections 239- m and 259~n of the General Municipal Law. 1) Name of Applicant: Joseph Gonzalez 2) Address ofApplicant: 270Q Ole Jule Lane, Mat~ituck 3) Name of Land OwnL. r (if other than applicant): 4) Address of Land Owner: 5) Description ofPr0pesed Project: variance for deck ~b' ~rom-Duz~nead a~d shed 46' from bulkhead 6) LocationofProperty(madandtaxmapnumber): ~Tnn c~],~ .x,,] ~ ~'.~ 7) lS the parcei within an agricultural district? ~'lNo [-lYes If yes, Agricultural District Number 8) Is this parcel actively farmed? [~No [~Yes 9) Name and address 'o~ any oWner(s) of land within the agricultural district containing active farm operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through the Town Assessors Office, Town Hall location (765-1937) or from any public computer at the Town Hall locations by viewing the parcel numbers on thc Town of Southold Real Property Tax System. Nam~ and Address (Please u.~e back side of page if more tha~ six property ownem are identified.) The lot numbers may be obtained, in advance, when requested fi'om the Office of the Planning Board at 765- 1938 or the Zoning Board of Appeals at 765 - 1809. {,/ ~nature of Appl~nt Date Note: . I. The local board will solicit commeh~s flora the owners of lanfl identified above in order to consider the effect of the proposed action on their farm operation. Solicitation will be made by supplying a copy of this statement. 2. Conanonts returned to thc local board will be taken into onnsideration az part of the overall review of this application. 3. The clerk to the local board is responsible for sending copies of the completed Agricultural Data Statement to the propen'y owners identified above. The cost for mailing shall be paid by the applicant at the time the application is submitted for review. Failure to pay at such time means, the application is not complete and cannot be acted ppon by the board. 1-14-09 ~EALS RECEIVED Town of Soutbold LWRP CONSISTENCY ASSESSMENT FORM BOARD OF APPEALS A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfi'ont Revitalization Program. A proposed action will be evaluated 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 conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local hbrar~es and the Town Clerk s offic . B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000 . 122 4 - 14 The Application has been submitted to (check appropriate response): TownBoard [] Planning Dept. [] Building Dept. [] BoardofTrustees Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, platming activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Applicant requests permission for existing deck 45' from bulkhead and shed 46' from bulkhead. ~ECEIvED Location of action: Site acreage: Present land use: 2700 Ole Jule Lane, Mattituck 14,587 square feet Single Family Dwelling BOARD OF AppEALS Present zoning classification: If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: Joseph Gonzalez (a) Name of applicant: (b) Mailingaddress: 2700 Ole Jule Lane, Mattituck, 631-445-5907 (c) Telephone number: Area Code ( ) (d) Application number if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No [~ If yes, which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. ~Yes [] No [] (Not Applicable- please explain) Deck and shed ~ttach additional sheets if necessary · Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria ~ Yes ~-~ No [K-] (Not Applicable- please explain) Attach additional sheets if necessary ..... ~,r a~'PF..4LS Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southoid. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria [] Yes ~ No [] (Not Applicable- please explain) Deck and ahed Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP ~Scction III - Policies Pages 8 through 16 for evaluation criteria [] Yes [] No [] (Not Applicable - please explain) Deck and shed Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Sonthold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria [] Yes [] No [] (Not Applicable - please explain) Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. [] Yes [] No [-~ (Not Applicable - please explain) R~C£W£D BOARD OF APDa-ALS Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. Yes [] No ~-~ (Not Applicable - please explain) Attach additional sheets if necessary Policy 8. Minimize 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. [] Yes [] No [] (Not applicable - please explain) PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. ~ [] Yes~ No [] (Not Applicable - please explain) Private property 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 locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. [] Yes [] No [] (Not Applicable - please explain) ~ARD OF APPEALs Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [] Yes [] ~o [] ~ot Applieahle- please explain Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southoid. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. 74 Yes 53 No Vd sot Applicable- please explain Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. 74 Yes ~ No [] Not Applicable - please explain TOWN OF SOUTHOLD PROPERTY RECORD CARD /~o~ -/aa - t,'-/~ ,"~-.~ OWNER STREET/Z~-7~) VILLAGE DIST. SUB. LOT E ~E~i OWNER, N R~I,I S~S. VL. FARM COMM. CB. MICS. Mk~. V~Iu, ~ND IMP. TOTAL DATE R~RKS Tilloble FRONTAGE ON WATER W~land FRONTAGE ON ROAD Meadowl~d DEPTH House Plot BULKH~D 1/02 Tota I D OWNER STREET ~ VILLAGE FORMER OWNER RES, ..~0 0 SEAS. E ACREAGE VL. IMP. ,OARD OF AppEal BUILDING ~ / TOTAL /9 m DATE REMARKS ~o AGE NEW ,/ -- Farm Ti-~ble 2 TiHoble 3 Woodland Swampland Brushland House Plot 0 0 ILDING ! )ITION NORMAL BELOW Acre Value Per Acre Value ~ ~HAL 122.-4-14 2/08 M. Bldg. ~xtension Exf ~ ri Extension , Breezeway Ga rag .e~-o, O.B.3 5Po7~ Foundation Basement Exf. Wails Fire Place Porch Porch Patio Bath Floors Interior Finish Attic Rooms 1st Floor Rooms 2nd Floor SOUTHOLD TRUSTEES, Issued To~ Date~S" Address ~ ' THIS NOTICE MUST BE DISPLAYED DURING CONSTRUCTION TOWN TRUSTEES OFFICE.TOWN OF SOUTHOLD SOUTHOLD, N.Y. 11971 TEL..: 765-1892 TO: Joseph Gonzales 2700 O1¢ Jule Lane Mattituck, lxTY 11952 DATE: May 8, =~200C-'~OARt) OF ApPEAI. s Please take notice that your amendment dated May 4, 2006 For permit for additions and alterations to an exis~dna sin?e family dw.ellin~ at Location of property 2700 Olc Jule Lane, Mattitnck, NY CounW Tax Map No. 1000 - Section 122 Block4 Lot 1._~4 Is returned herewith and disappwved on the following grounds: The oro~osed construction, on this non-conforming, 10.890 square foot parcel, in the R-40 DisR'ict, is not ve~udtted oursuant to Article XXIV. Section 100-242A. which' ~t~.~_ '~Nothina ~h this article shall be deemed to nrevent the remod ,e]inE, rec0n~s~ruclion of enlargement ofa non-conf0rmmR bmldm~ containm~ a colfformmg~ llse. orowdgg] that such action does not create any new non-conformane~ or increase the decree of non-conf0rmaoo,~ with regar~d to the remdations oertainln~ such setbacks." The existin_~ single family dwellin, notes an existint float yard -~ethnak of 33.5 feet. Followine the. vrooos~:l addiliona arid alt~l'atioll8, tho dwo. llin~ will mn~tain that setback. Porn~mnt to the ZBA's interoretation in Walz (#5309'). such mlditin~n and nltemtiO~ will thus co~_sti~,e an increase in the D~n Rallis, 1~/ Note to Appllcanti':Any change or deviation to the above referenced application may require additional review ~rom the Southold Town Building Department. APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman RECEIVED $OARD OF APPEALS http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF AUGUST 17, 2006 ZB File No. 5917 - JOSEPH GONZALES Property Location: 2700 Ole Jule Lane, Maltituck CTM 122-4-14 Mailing: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 R~CEIVED AUG"2 4 2006 Soufhold Town Cie6 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and dete~rmines that this review falls under the Type II category of the State's List of Actions, without an adverse ~ffect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: the applicant's 10,890 square foot parcel is improved with a single- family dwelling with garage and concrete patio, and accessory shed, as shown on the September 1, 2004 land survey prepared by John Gallacher. BASIS OF APPLICATION: Zoning Code Section 280-242A (formerly 100-242A), based on the Building Inspector's May 8, 2006 Notice of Disapproval conceming a proposed addition and alterations, which will constitute an increase in the degree of nonconformance when located less than 35 feet from the front yard lot line (ref. ZBA Interpretation No. 5039 and Section 280-244, Zoning Code Bulk Schedule for lots containing less than 20,000 square feet in size). FINDINGS OF FACT The Zoning Board of,?ppeals held a public hearing on this application on July 27, 2006, at which time written and oral evidence W~ere presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE I~:LIEF REQUESTED: A variance is requested concerning enclosure of the existing front concrete pomh and 'Conversion of the existing garage to living space, in the existing location measured less than 35 feet from tl~ front yard lot line. The existing setback to the dwelling is shown as 33.5 feet, and a reduction is requesf[ed for new windows with a projection of 13.75" and new garage doora, with related structural changes tO~,Convert the garage to living room, all as shown on construction diagrams prepared April 28, 2006 by Nigel Rq'~ert William, Architect. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Boa~ makes the following findings: 1. Grant of the van~nca will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The entire length of the front of the home has a nonconforming front yard setback. The applicant's nonconforming lot size is a total of 15,500 square feet, having 100 feet along Ole Jule Lane and 155 feet in depth to the deeded property line along the dredged canal (at James Creek). There are many homes in the area on similar size properties similar to, or closer than this requested front yard setback, and also frontage along the tidal water on the west side of the property. P;,ge 2 - August 17, ~006 ZB File No, 5917- JoSeph Gonzales CTM No. 12.2-4-14 ~OARD OF AppEALS 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 house with the existing concrete porch has remained in this nonconforming ;ocaflon for many years without change, and the applicant's request includes a minor reduction to allow for bow windows, replacing the garage doors in the conversion of the garage to living space and enclosing the front entry. 3. The variance granted herein is not substantial. 4. The difficulty has not been self-created. 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on th?. physical or environmental conditions n the neighborhood. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of additions to enclose the porch and convert the existing garage on the north side of the home, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARf'): In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Gnehringer, seconded by Member Weisman, and duly carried, to ': GRANT the variance as applied for, as shown on the construction diagrams prepared April 28, 2006 by Nigel Robert W am, Architect. Any deviation from;.the vadance 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 zon ng 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 (qatures as are expressly addressed In this action. The Board reserves the right to substitute a s m lar design that is de minimis in nature for an alteration that does not increase th.~ degree of nonconformity. Vote of the Board: rLAyes: Membem Oliva, Goehrinoer, duly adopted (5-0). Dinizio, Simon, and Weisman. This Resolution was Ruth D. Ollva 8/~'/06 Approved for Filing 0 30' ~'ow~f o~ S~J~o£9c co'u~J,F~', RECEIVED I:tOARD OF APPEALS New York State Department of Environmental Conservation Division of Environmental Permits, Region One Building 40 - SUNY, Stony Brook, New York 11790-2356 Phone: (631) 444-0365 · FAX: (631) ~A~.-0360 Website: www.dec.state.ny.us LETTER OF NON JURISDICTION - ARTICLE 25 Denise M. Sheehan Acting Commissioner RECEIVED June 16, 2005 Joseph Gonzalez 2700 Ole Jule Lane Mattituck, New York 11952 ~OARD OF APPEALS Re: Application # 1-4738-03459/00001 Gonzalez Property, 2700 Ole Jule Lane, Mattituck, SCTM # 1000-122-4-14 Dear Mr. Gonzalez: Based on the information you have submitted the Department of Environmental Conservation (DEC) has determined that the property landward of the bulkhead greater than 100 feet in length, constructed prior to August 20, 1977, as shown on the in house black and white photograph # 322 and the in house infra- red photograph # 323, taken in 1974 is beyond Article 25 (Tidal Wetlands Ac0 jurisdiction. Therefore, in accordance with the current Tidal Wetlands Regulations (6NYCRR Part 661) no permit is required. Be advised, no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal wetlands jurisdictional boundary, as indicated above, without a permit. It is your responsibility to ensure that all precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Axticle 25 jurisdiction which may result from your project. Such precautions may include maintaining adequate work area between the tidal wetland jurisdictional boundary and your project (i.e. a 15' to 20' wide construction area) or erecting a temporary fence, barrier, or hale bay berm. Please note that this letter does not relieve you of the responsibility of obtaining any necessary permits or approvals from other agencies or local municipalities. Sincerely, Mark Carrara Deputy Permit Administrator cc: En-Consultants file .................... of the Zouh=g Ordinance. ~d the decision 6~ the Bulldh~ Inspector ( ) be reversed ( ) be aO~i~O OF APPEAi~$ aOARD OF APPEALS 3. Nature of work (check which applicable): New Building .....~. ......... Addi, ~n .................. Alteration Repair .................. Removal .................. Demolition .................. Other Work (Describe) ........................................ 5. If dwelling, number of ~elling uni~ ......~ ................ ~umber of dwelling units ~ ~ch flor ....... ~ .............. 6. Jf business, commercial or mi~d occupancy, sp~i~ nature and extent of each type of use ....... ~ ................. Height .............. ~.... ~u~er of Stori~ ................................................................................................................. Dimensions of same st~c~re with alterations or additlo~: Front ......... ~ .................... Rear .....~ ................. Depth ................. ~.......~ Height ........... ~ .............N umber o~ Stories ....~ ........................ 8. Dimensions of enti~ new const~ction: Front .....~.~.__ ~ ....................... R~r .....~ ................ D~th ..~ .............. Zone or use d~strmt in which premises are s~tuated ........... ~.~ ................................................ 12. D~s proposed construction violate ~ny zoning [aw, ordinance or regulation?~.t.~.~.....~..~, Name of Archlt~t ................... ~ .................................. A~ress ............................................ P~ne No.....~ ........... Name of Contractor .......... ~ ......................................... Addre~ ............................................ P~ne N0 ................... :. ~cate clearly and distinctly afl I ~ ~~ed, and indicate ~1{ set~k dimensions from pmpe~ lines. Give street and bill number or desc ~tion acco~ing to de~, and sh~ street nam~ and indicate whether interior or corne~ lot. L~ STATE OF NEW YORK, above n~med. He is the of said owner or owners, ~nd is duly ~uthorized to pe~orm or hove performed the said work and to m~ke ~d file Swam to ~fore me this . ~ ~C ......... y~ I~ "I ~. ~ (Signature of applicant) RECEIVED BOARD OF APPEALS ': ACTION OF THE ZONING BOARD OF APPEALS Appeal No. !-1~9 Doted 'Ma~Oh 2~f X9~'9 BOARD OF APPEALS Appellant at a meeting of ,he.Zoning Board of App'eals. on ~' A~X'~.~J 9* X9~9 was.c°nsidered. and the action indicated below was taken on your ( ) Rfiq~est for vaHonce due to tack of access to property (. ) Request for a special permit under the Zoning Ordinance ' · (' ~J~ Request for a vdriance to the Zoning Ordinance the ~ppeol 1'. SPECIAL PERMIT· By resolution of the Board'it was determined that o special permit ( ) be granted ( ) be dented pursuant to Article ........... · .......... :Section ..: ................. Subsection .................... perograph ........ ~ ............. of the Zoning Ordinance, and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 2. VARIANCE. By ~solution of the Board it was determined that t r i o {w t ce un ' or hi use (b) The hardship cre~ted ~(is not) unique end (would) (;~l~oe shored by al! properties alike in the, immediate vicinity of this property end in the some ug~ district becous~ (c) The variance (~l~l~does not) obse.rv.e the sp_.i~t of t.he ,C)_rcl. inance and lwould) (~J~'change and therefore, it was ~rther determ ned that the. requested variance ( ) be granted (~) be denied bnd that the previous ~Jecisions of the Building Inspector (~1~) be confirmed ( ) be reversed. ZONING BOARD OF APPEALS Farm 3. Nature of work (check which~bl cable): . · ....: ................ Repair .................... Removal .................... Demolition .................... Other Work (Describe) ................... ~, ~t~ot~ cost .: ........ /..~.~...~ ................. : ........ F~e~...'../.~.:..?... ................... : .................................................... / , ' to be paid o~ filing this application) 5. If dwelling, number of dwelling units . .~_./,.J...'.,:Numbe~ Ofrl[~ ng un ts on each floor .................................. If garage, number of cars ............ ~..~...~il ................................................................................. 6. If business, commercial or mixed occupbn~y, .specify nature and extent of each type of-use ................................ . 7. Dimensions of existing structures, if any: Front ............................ Rear ........................... Depth ................................ Height ............................ l~utnber of Stories ~i ........................................................................................................... Dimensions of same structt~re with alterations or additions:' Front ........... ~ .................... Rear ....... : .................... ~[~. Depth ................................ Height ................................ Number of Stories ................................ .....~....~..i ....... B. Dime~rtsions of entire new construction: Front ........ ,~..~. ............ Rear ............. ..~...~..... Depth Height ............................ Number of Star es .....~ ........ 11 Zone or use district'ln w~ii~h premi;es are situated ................... ~ ............... ; .......................................................... 19. [Does proposed construction violate~any zon~w, ordinance or regulations? .......... ~ ................................... 13. Name of Owner of premise~..~ress ..~.~'one NO ..................... Name of Architect~,.~-.~ ~.....~,.~r~-~-.....~dress ..)~T~-~..:....~hOne NO ..................... Name of PLOT DIAGRAM ! L0cote clearly and d sti~ctiy ~ll buildings, wh,e~her..e~.istJs~g or ~,prop ~_o~lj ~ ~OARD OF APPEALS STATE OF NEW y.~RK~/.e (~OUNTY OF ...~' .............................................................. .being duly sworn, deposes and says that he is the~applicant above named. He Is the ........... ~ae4s~am- ........ i~_~]~¥~';~'~;~/~rpo~at~ officer, etc.) . n' file o~c said owner or owners and is duly autho?ized to .perf°rm or have performed thee sat dofWOrkhis knowJeand to maKeanda bellef;a this application; that all' statements contained In this a,ppli, ca. tlo~., are t,m.e .to t~., b~ ....... .: dge . and that the work will be performed in the manne~ set forth in__the app,ca~m, t.ea mer~w,u,. Sworn to before [ne this ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville March 18, 2010 Zoning Appeal No. 6384 Transmitted herewith is Zoning Appeals No. 6384 of Joseph F. Gonzales - the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Transactional Disclosure Form, Agricultural Data Statement, LWRP Consistency Assessment Form, Notice of Disapproval from Building Department Updated March 9, 2010, Notice of Disapproval from Building Department Amended December 10, 2009, Notice of Disapproval from Building Department Revised August 17, 2009, Copy of Southold Trustees Permit #6974 Dated October 15, 2008, Notice of Disapproval from Building Department Dated May 8, 2008, Zoning Board of Appeals Findings & Determination #5917 Dated August 17, 2006, Letter of Non Jurisdiction from DEC Dated June 16, 2005, Zoning Board of Appeals Findings & Determination #1196 Dated August 15, 1968, Zoning Board of Appeals Findings & Determination #149 Dated April 13, 1959, Photo of Property, 2 Pages of Property Record Card, Copy of Survey Showing Existing Construction on Property Dated February 11, 2005 Prepared by Nathan Taft Corwin III Land Surveyor, Copy of Plans Showing Elevations, Floor Plans & Existing & New Construction Prepared by Accent Architecture. ~own of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 03/18/10 Transaction(s): 1 1 Application Fees Check#: 1779 Receipt'8: 74565 Reference Subtotal 6384 $600,00 Total Paid: $600.00 Name: Gonzales, Joseph F 2700 Ole Jule La. Mattituck, NY 11952 Clerk ID: CAROLH Internal ID: 6384 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS WEDNESDAY JUNE 30, 20t0 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 WEDNESDAY JUNE 30~ 2010: 11:30 A.M. JOSEPH F. GONZALES #6384. Request for Variances from Code Section 280- tt6 based on an application for building permit and the Building Inspector's Amended December 10, 2009, Updated March 9, 2010, Notice of Disapproval concerning "as built" rear deck and existing sheds, at less than the code required setback from a bulkhead of 75 feet at; 2700 Ole Jule Lane Mattituck, NY. SCTM#t000-122-4-14. (adj. to James Creek) The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and priorto the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-t809, or by emaih Vicki.Toth~,Town. Southold.ny.us. Dated: May 27, 2010 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (MailinglUSPS) 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.nonhfork.net June 1,2010 Re: Town Code Chapter 55 - Public Notices for Wednesday, June 30, 2010 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before June 14th: 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 mailin.q address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arran,qements were made in either a written statement, or during the hearing, providin.q the returned letter to us as soon as possible; AND not later than June 21st: Please either mail or deliver to our office your Affidavit of Mailin.q (form enclosed) with parcel numbers, names and addresses noted, and furnish to our office with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible, If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later June 22st: 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 Postinq for receipt by our office before June 28th, 2010. 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. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: GONZALES, J. # 6384 MAP #: 1 000-1 22-4-14 VARIANCE: BULKHEAD SETBACKS REQUEST: AS BUILT DECK & ACCY SHEDS DATE: WED., JUNE 30, 2010 11:30 AM If you are interested in this. project, you may review the file(s) prior to the hearing during normal bus~ness days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809 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 17th day of June, 2010. 7~/¢x.~..~ ~ Principal Clerk Sworn to before me this 2010. LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS WEDNESDAY JUNE 30, 2010 PUBLIC IIEARINGS NOTICE IS HEREBy GIVEN, por- suant to SecQon 267 of the Town Law and Town Code Chapter 280 (Zoning),Town of Southold, the following public hear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, 53095 Main Road, Re. Box 1179; Southdid, New ] York 11971-0959, on ~ 9'.30 A.M. MARy ZUPA ~ Request for Variance from Code Sec- tion 28(M4, based on an appllcafion for building permit to build a new single family dwe0ing in addition to an exist- in# marina, and the Building Inspector's March 24, 2010, Amended April 1, 2010 Notice of Disapproval stating that the prOpOsed construction is not permitted unless the same conforms to the Bulk Schedule and Parking Schedule propos- al is at less than the code required 80,000 gq, ft. of land. Location of Property: 580 BaSin Rd, (adjacent to Southold Bay) Southold, NY. SCTM#1000-81-1-16.7. Zo~: R-g0. (The Zoai~ Ikntrd o~ Ap- 2, 2004, graathd ti~ applicant rali~ff fight the 80,000 scI. ft. requirement to allow the construction of a new single family dwelling, however, the grant was con- ditioned upon either the abandonment of the existing, legal non-conforming marina use or the grant of a vaFiflncg pursuant to Section 280-121G that would allow the non-conforming use to continue in conjunction with the single family dwelling - a permitted use. Tnis application is being made to fulfill this condition.) Request for Variances from Code Sec- tion 280-10(A) based on an application for building permit and the Building In- spector's March 18, 2010, Notice of Dis- approval concerning waiver of merger which states that the nonconforming lots shall merge until a total lot size conforms to the current bulk schedule (minimum 40,000 square feet in this RS0 Residen- tial Zone District). This land merged with the adjacent property located to the south identified as SCTM #1000-79-441 at; 500 Harbor Lights Dr., Southold, NY. 10:15 A.M. SIM MOY #6383. quest for Variances from Code Sections 280-124 & 280-116 based on an applica- tion for building permit and the Building Inspector's January 12, 2010, Updatad March 15, 2010, Notice of Disapproval concerning construction of a new single family dwelling, at (1)less than the code required minimum rear yard setback of 35 feet, (2) less than the code required setback from a bulkhead of 75 feet at; 750 West Lake Dr., Southold, NY. SCTM#1000-90-2-1. (adj. to Little Pc- conic Bay and dug Inlet) 10,30 A.M. ANDREW GREENE #638?. Request for Variances from Code Section 280-116(A) besexl on an applica- tion for building penuit and the Build- ing Inspector's March 24, 2010, Notice of Disapproval concerning construction of an accessory in-ground swimming pool at less than the code required setback h-om a bluff of 100 feet at; 30653 Route 48, Peconic, NY. SCRM#1000-734-5. (adj, to Long Island Sound) 10'~0 A.M. THOMAS and NANCY M. SPURGE ~6380. Request for Vari- ance from Code Section 280-124, based on an application for building permit and the Building Inspector's November 20, 2009~ Updated February 18, 2010, Notice of Disapproval concernnig "as '~built' deck. addition at less than the code requffed front yard setback of 35 feet at: 273 Manhasset Rd., Greenport, NY. ll:00A.M. CHARLES MATI'iNA (BELLMATF PROPERTIES. LLCt g638L Request for Variance from Code Section 280-124, based on an applica- tion for building permit and the Build- ing Inspector's March 1, 2010, Notice of Disapproval concerning deck additions at less than the code required front yard setback of 35 feet at; 545 Koke Dr., Southold, NY. SCTM#1000-87-5-14. 11:15 A.M. FRANK and DONNA SCAROLA and DONNA PERR1N ~6382. Applicants request a Special Ex- ception under Section 280-13B(14),.The Applicants are the owners requesting authorization to expand an Accessory Bed and Breakfast, accessory and inci- dental to their residential occupancy in this single family dwelling, from three (3) bedrooms to five (5) bedrooms tox lodging and serving Of breakfast to the B&B casual, transient roomers. Location of Property: 4850 Sound Ave., Mattituck; CTM 121-3-6. Creek) NOTARY PUBLiC-STATE OF NEW YORg No. O1 -VO6105050 Qualified in guffotk county Carryover Hearings, continued from prior meetings and pending additional information: Adjourned from Public Hearing March 25, 2010: Adjourned from Public Hearing Feb- ruary 25, 2010: 1:30 P.M. MARC and DEIRD~tl~ Adjourned from Public Hearing April 22, 2010 2.-00 p.M. NlCK MIkIALIOS ~6'g~ 1 The Board of Appeals will hear all persons, or their representatives, dealr- lng to be heard at each heating, and/or desiring to submit written statements before the con~insinn of each hearth~. Each hearing will not start earlier than d6signatad above. Files are available fei review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesi- tate to contact our office at (631) 765- 1809, or by e-mad: Vic~.Toth~rFown. Southold.nv.us. Dated: June 9, 2010 ZONING BOARD OF APPE.ALS LESLIE KANES WE1S~LAN, CHAAR. pEI~ON BY VICKI TOTH 54375 Main Road (Office LocaOoa) 53095 Main Road (Mailing/US~$) P.O. Box 1179 Southold, NY 119714)959 9814-1T 6/17 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of -(Nam~ of Applicants') CTM Parcel #1000- ' X AFFIDAVIT OF MAILINGS COUNTY OF SUFFOLK) STATE OF NEW YORK) . On the /c?~L-~day' of ~.~R_/_ _! , 2OJ~©l personally mailed at th'e United States'Post Office in C c; /c/~(--t-e.,~. , New York, by CERTIFIED MAIL,, RETURN RECEIPT REQUESTED, a true copy .of the' attached Legal Notice ir] prepaid, envalopes addressed to current owners shown on the current asseSsment.toll verified fr6m the offldal records on file with the ( i AsSessors, 'or (~)~ounty Real Property Office' ., for every .property which abuts and is across a public or private street, or vehicular right-of- way of record, surrounding the applicant~ro~ _ (Signature) -- -- ~' 8worn to I~efore me this ,20 © NOTARY PUBklC. State of New'York No. '5008424 ~.c~-C~ I,y~ Qualified n Na, r. sau CounJyj PLEASE list, on the back of this Affidavit or on a. sheet of paper, the lot numbers next to the owner names and addresses for 'which notices were mailed. Thank you: Postage Ce~fled Fee ~,, ~) ~ $5.54 Petrowski, Elizabeth Petrowski, Richard 235 E. Legion Avenue ~-~ P'Mattituck, NY 11952 .0~ l~ 4~C ! A L Ce~fled Fee · ~5.~ Burden, Lorraine ~Burden, Richard ~2800 O{e Ju{e Ln ~attituck, N Y ~1952 USE r~ T~l~Z~tt~V, Joseph r,- ~Zuk Bohdan ~ t~r470 Mockingbird Lane r'- ~Southold, NY 11952 3~..IN-~-~10 ~:~t' From:River Town 8oar~ To:7659064 Paee::~/5 ,2, and 3. Also complete ~ 4 if Restricted Delivery is desired. · Print your neme and eddmss on the reverse so that we cen retum the card to you. · Attach this murd to the back of the mallplece, or on the front if space permits. McCarthy, Joseph Zuk Bohdan 470 Mockingbird Lane Southold, NY :[1952 [] Agent [] Addressee D. is delive~ address diffemr~ f113m item 1 ? ' if YES, enter delivePj address below: [] No 4. Restflcted Delivery? ~(~a Fee) []Yes 2. Article Number 7007 0710 0000 4619 4307 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 · Complete items 1, 2, and 3. Nan 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. Petrowski, Elizabeth 'PL.k~i, Richard 235 E. Legion Avenue Mattituck, NY 11952 ~. R~l~w~by (p~r~ Na?r,~)f J c. Da~of Da)~e~ ~lvl~il [] Express Mail [] Registered i-I Retum Receipt for Men3handlse [] tnsumd Marl [] C.O.D. 4. Rest~cted Da~k,~ ~_xt?a Fee) []Yes 7007 0710 0000 4619 4314 PS Form 3811, February 2004 Dom~efl~ Rstum Receipt 102595-02-M-1540 i · Complete items 1, 2, and 3. Also complete item 4 if Restricted [3elivery is desired. · Print your name and address onthe reveme so that we can retur~ the card to you.' · Attach this card to the beck of the mailpiece, or on the front if space permits. 1. A~icle Addressed to: ;- [] Agent y (Pdnted Name) C. Date of Delivery D. Is delNery addreSS d iffemrf~ from item 17 [] yes If YES, enter deliver/address below: [] No Farnback, Dorothy Trust 2600 Ole Jule Lane Mattituck, NY 11952 3. SeD/ice Type '~Certified Mall [] Express Mail ~] Registered [] Retum Receipt for Merchendlse [] Insured Mail [] C.O.D. 4. RestHcteg Dalive~/? {Extra Fee) [] Ye~ 2./~ic~eN~mb~ 7007 0710 0000 4619 4321 PS Form 3811, February 2004 Domestic Return Receipt JUN-29-2010 23:~8 Fcom:Riue~ USPS - Track & Confirm ~1 UN/T~D ST4LTF-.~ To~n Board To:TGS90G4 Pase:3/5 Page I of 1 Track & Confirm Track & C onfj. r~. FAQs Search Results Label/Receipt Number: 7007 0710 0000 4619 4338 Class: First-Class Mall® SeNice($); Certified MailTM Return Receipt Status: Notice Left We etfompted to deliver your item at 11:46 AM on June 24. 2010 in MATTITUCK, NY 11952 and a notice was left. You may pick up the i~em st the Post Office indicated on the aotice, go to www usps cpm!red~j£v._ep2, or call 800-ASK-USP$ to arrange for redeliveq,. If this item is unolaimed after 15 days then it will be returned to the sender, information, if available, is updated periodically thcoughout the day. Please check again later. ..,,,~--c~'& Ce~rm ',i Enter Label/Receipt Number. Detailed Results: · Notice Left, June 24, 20'10, 1t:46 am, MATrlTUCK, NY 11952 · Notice Left. June 19, 2{H0, 9:53 am, MATTITUCK, NY 11952 · , Acceptance. Jurle lB, 2010, 9:46 am, CALVERTON, NY 11933 Track & Confirm by email Get cur'tent even! information or updates for your item sent to you or others by emaiL ~, 6~> http://trkcnfrm I. smi.usps_com/PTSlntemetWcb/ImerLab¢lInquiry.d0 6/29/2010 ~J ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of (N e df Applicants) AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- COUNTY OF SUFFOLK) STATE OF NEW YORK) ~Tn.0 ~-t e /Ltv° _, New york, being duly sworn, depose and~ -- On the~./51c day of4~ ~_ 2(-.)[©, I personally placed the T ' ' ' ' ' --'-- own s official Poster, wath the date of hearin~'and nature of my apphcatton note~t thereon, securely upon my proper/y, located ten (10) feet or closer from the street or fight-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance;* and that I hereby confirm tha! the Po~ter has remained io place for scven days ,,hot to +~/' ' - " ~he subject hearing date, .~ v -',at Gate o~ wluch heanng dale was shoxm to be ~ ~ ~ Sworn to before me this daY of l/ary Public) (Signature) · 20¢0 .OTARY PUBLIC. State of New York No 5008424 ~" £t ,,~ Qualified m H~-eem' C6unty *near the entrance or driveway entrance of my property, as the area most visible to passersby Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 March 22, 2009 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. # 6384, GONZALES, Joseph F. Dear Mark: We have received an application for "as built" deck and accessory sheds with setbacks from bulkhead at approximately 19'+/- and 35'+/-. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Very truly yours, es ie/ ism / Encls. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 March 22, 2010 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 XlV of the Suffolk County Administrative Code: ZBA File # 6384 Owner/Applicant: GONZALES, Joseph F. Action Requested: Within 500 feet of: As built rear deck & accessory sheds, setbacks from bulkhead ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Leslie K. Weisman ZBA C./ ?erT, By: ~-~ BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTI~OLD Tel. (631) 765-1809 · Fax (631) 765-9064 Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 August 4, 2010 Joseph F. Gonzales 2700 Ole Jule Lane Mattituck, NY 11952 Re: ZBA # 6384 Dear Mr. Gonzales: Transmitted for your records is a copy of the Board's July 29, 2010 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above application for variances. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please call the office. Sincere[y-~ Vicki Toth Encl. Cc: Building Dept. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 REPLY FORM DATE: December 16, 2009 TO: Bennett Enterprises, LLC ZBA File # - Variance Application - Premises of Gonzales, 2700 Ole Jule lane Mattituck Date of Building Inspector Notice of Disapproval: Amended: 12110/09 ( X ) The application is incomplete for the reasons noted below· Please furnish seven, ets of the missing information by ( ) The map submitted does not match the information on the Building Inspector's Notice of Disapproval· Please submit the amendments dated directly to the Building Department for review, and if an amended Notice of Disapproval is issued, please furnish seven (7) copies with a cover letter confirming that the amended relief that is being added or revised in your request for variance(s). Thank you OTHER/INFORMATIOI~JT~EQUESTED, when possible (7 sets with cover/transmittal sheet): .~'/-~/10 Il0 w *300 00 Please contact our office or send ( X ) Filingfee~c[~e~l~amount as:~ . . ' ( newcheck). ( X ) Available survey showing existing property/building details, with licensed surveyor information showing all existing or as-built construction and setbacks (application checklist attached). ( X ) Architectural map or updated survey showing dimensions of existing and proposed new construction areas, setbacks to property lines, and building lot coverage calculations· ( X ) Rough diagram or sketch with building height (# of stories and distance from ground to top/ridge detail (and mean height, if known); also landscaping proposed in the area of the construction· ( ) Letter confirming status and date of review by other involved agencies for preeubmission comments, or copy of up-to-date agency action. ( ) Updated single-and-separate search dated back to April 23, 1957 (Zoning Section 280-10), and copies of deeds dating back to creation of original lot lines for this property. ( ) Thank you. 1/10/10 - 10:30 am Vicki Joe Gonzales - 2700 Ole Jule Lane, Mattituck came by and said that Jodi Giglio told him he needed to go back to his surveyor, but he does not know what she wants or told him. He said he tried to call her but of course she does not remm calls. I tried calling her myself and left her a message stating, "that Mr. Gonzales was here and I did not know what she told him she needed - and that can she please call him back." (I know she is going to be angry by the message). I pulled the paperwork we had and noticed that on 12/16 the package was sent back to her. I made a copy of the letter and highlighted the 2na and 3ra item with regard to the survey info. I also made a copy of the zonin calculations and him for his info. He said he would wait to hear from us - · Note: This poor man has been going back and forth for months and I don't think she is doing the right thing. She has basically washed her hands of him and he is floundering. I don't know if she is explaining anything or he does not understand, however, either way this is not right! :c % IX,o CANAL E×ISTING HOOD BULKHEAD EXISTING FENCE DOOR5 EXISTING EXISTING PROPANE 16,50' 48,2' EXISTING -CONCRETE 5YEP5 EXISTING EXISTING ONE -CONCRETE STEP5 5TORT FRAHE ONE FAMILY DNELLtNG \ 48,2' EXiBTING ~:~_ EXISTING UN[T\ 42. "---~..~q,~.._. ----. ~ _9700 ©LE .I [_F LN PLAN 1~15 15 AN ARCHITECTURAL PLOT PLAN BASED ON INFOR~IATION 5FLOWN %ALE: !" = 20I ON A SURVEY PERFORHED BT JOESEPN A INGEGNO LAND SURVEYOR ON 2/ll/05 ZONING INFORMATION SECTION 122 BLOCK4 LOT14 ZONE R-4o OCt GROUP R-~ CONST CLASS v~ RESULT8 DOMMENTS LOT AREA i4587.38 SF UNCHANGED LOT COVERAGE PROPOSED ( 70 SHED + 1369.7 HOUSE + 303.5 DECK / 14587,36 ) x I00% = 12"/o'743.2 SF LOT COVERAGE PERMITTED MAX 20 % 2917 SF CONFORMING SETBACK TO BULKHEAD PROPOSED 45 +1- FT SETBACK TO BULKHEAD PERMITTED /liN 75.uu FT VARIANCE REQUIRED SIDE YARDS PROPOSED TO DECK 31.4 & 41.43 FT SIDE YARDS PERMI"FFED MIN 15.00 Fr CONFORMING SIDE YARD AGGREGATE PROPOSED TO DECK 72.83 FT SIDE YARD AGGREGATE PERMITI'ED MIN 35.00 FT CONFORMIN0 REAR YARD PROPOSED TO DECK 86.95 FT REAR YARD PERMITFED MIN 50 FT CONFORMING FRONT YARD PROPOSED 33.2 FT FRONT YARD PERMITTED MIN 50 FT PRE-EXISTING ~ UNCHANGED :LOOR AREA 1369.7 8F EXISTING PROPANE TANK% NEH HOOD DECK EXISTING DN (~IF~ST ~LOO~ PLAN SCALEd/4" = ILO'' HIGH RAILING I LATTICE ELEVATION SCALE:I/4": ILO'' 5dALE, 1/4'1: ILO" ~ECEzvE/~ ~]OARD OF APPEALS ELEV ,TION %ALE:I/4" = ILO'' i 173 HILLSIDE AVE WILLISTON PARK, NY 11596 REVISIONS APPROVED "' [.OARD OF TRL:,' TOWN OF SOUT! . CC:ENT, c \RCHIfECTURE PH (516) 547-9314 I AX (516) 547-9330 SCALE AS NOTED DRAWN B~ CHECKED Bh DATE IF AN EXISTIN~; DECK & NEW SLIDING DOOF GONZALES tESIDENCE 2700 OLE JULE LN M TTITUCK, NY 11952 ACCENTA ~'HITECT@AOL.COM TITLE v~RIANCE PLANS IDB # 08-027 A-1 oF 1 78°19'00" ~/o/~^~¢~ joSEPH ~c 100.00' $ 81 35' THE EXISTENCE OF RIGHTS OF WAY AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. 57 SURVEY OF PROPERTY SITUA T£ MATTITUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-122-04-14 SCALE 1"--20' FEBRUARY 11, 2005 MARCH $, 2005 ADDED DRYWELLS MARCH 51, 2005 ADDED NON-TURF BUFFER FEBRUARY 26, 2009 UPDATE SURVEY NOVEMBER 2B, 2009 UPDATE SURVEY dANUARY 22, 2010 REVISED PER BOARD OF APPEALS LETTER DATED 12/16/2009 AUGUST 26, 2010 SHOW RELOCATION OF SHED AREA = 14,587 sq. ft. 0.535 ac. NOTES: BUILDING LOT COVERAGE OVER UPLAND AREA (12,216 sq. ft.) (LOT AREA LANDWARD OF BULKHEAD) DESCRIPTION AREA % LOT COVERAGE HOUSE 1,564 sq. ff. 11.2% WOOD DECK 288 sq. ft, 2.4% PLASTIC SHEDS 104 sq. ff. 0.8% CONC. PATIO 320 sq. ff. 2.6% (NOT COVERED BY DECK) TOTAL 2,076 sq. ff. 17.0% ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM EXISTING ELEVATIONS ARE SHOWN THUS:~ F. FL. - FIRST FLOOR G. FL. - GARAGE FLOOR PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TITLE SURVEYSSAS~AS ED BY THE L.I.A.L.S. AND APPROVE~' ' , FOR SUCH USE BY THE NEW,,~"~R~ ~'ll~q'~ ~ '~ TITLE ASSOCIATION. N.Y.S. Lic. No. 50469 Nathan Taft Corwin III Land Surveyor UNAUTHORIZED AL[s~TvIRATION or ADDITION TO THIS SURVEY IS VIOLATION OF Title Surveys -- Subdivisions -- Site Plans -- Construction Layout PHONE (6,51)727-2090 Fax (631)727-1727 OFFICES LOCATED AT MAILING ADDRESS 1586 Mein Rood P.O. Box 16 damesport, New York 11947 demesport, New York 11947 gS-O:g3C RECEIVED BOARD OF APPEALS 7Bo~9'00 7 ~91.39' $ 8~ 55' NOTES: V,/ ' k57'39 __ UNAUTHORIZED ALsTF~AAT~IRATION OR ADDITION TO THIS SURVEY IS VIOLATION OF SECTION 7209 OF TC~E NEW YORK STATE EDUCATION LAW. \ COP ES OF THIS SURV~MAP NOT BEAR NO THE LAND SURVEYOR'S IN ED SEAL OR EMBOSSED SEAL SHALL NO BE CONSIDERED TO BE A VALID TRUE COPY. CERTIFICATIONS INDICATED HER ON SHALL RUN ONLY TO THE PERSON FOR WH THE SURVEY ~S PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDNG INSTITUTION LISTED HEREON, AND TO ~RE ASSIGNEES OF THE LENDING INSTI TUTON. CERTIFICATONS ARE NOT TRANSFERABLE. SURVEY OF PROPERTY SITUATE MATTITUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-122-04-14 SCALE 1"--20' FEBRUARY 11, 2005 MARCH 3, 2005 ADDED DRYWELLS MARCH 31, 2005 ADDED NON TURF BUFFER FEBRUARY 26, 2009 UPDATE SURVEY NOVEMBER 25, 2009 UPDATE SURVEY JANUARY 22, 2010 REVISED PER BOARD OF APPEALS LEWER DATED 12/16/2009 AREA = 14,587 sq. ff. 0.335 ac. THE EXISTENCE OF RIGHTS OF WAY AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED, BUILDING LOT COVERAGE OVER UPLAND AREA (12,216 sq. ff.) (LOT AREA LANDWARD OF BULKHEAD) DESCRIPTION AREA % LOt COVERAGE HOUSE 1,364 sq. ff. 11.2% WOOD DECK 288 sq. ff. 2.4% PLASTIC SHEDS 104 sq. ff. 0,8% CONC. PATIO 320 sq. ft. 2.6% (NOT COVERED BY DECK) TOTAL 2,076 sq. ft. 17.0% ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM EXISTING ELEVATIONS ARE SHOWN THUS:~ F. FL. - FIRST FLOOR G.FL. - GARAGE FLOOR PREPARED IN ACCORDANCE WiTH THE MINIMUM STANDARDS FOR TITLE SURVEYS AS ESTABUSHED BY THE L.IA. LS AND APPROVED AND ADOPTED FOR SUC.FC~Y~*~I~W YORK STATE LAND TITLE. ,,~0~ .~T!I2NE', ,': ( , '"% N.Y.S. Lic. No. 50467 Nathan Taft Corwin III Land Surveyor Title Surveys -- Subdivisions -- Site Plans Construction Loyout PHONE (631)727-2090 Fox (631)727-1727 OFFICES LOCATED AT MAILING ADDRESS 1586 Moin Rood P.O. Box 16 Jomespor~, New York 11947 Jomespod(, New York 11947 2¢5-0:gU. TEST HOLE DATA ou~ ~ ~ ON 7/19/05) 14' ~ 00.00' NOTES: \ \% SURVEY OF PROPERTY ~;TUA TED A T MATTITUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. lAX No. 1000-122-04-14 SCALE 1 "=20' FEBRUARY 11, 2005 MARCH $, 2005 ADDED DRYWELLS MARCH 31, 2005 ADDED NON-TURF BUFFER FEBRUARY 26, 2009 UPDATE SURVEY AREA = 14,587,56 sq. ff. 0.555 ac. 1. ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 EXISTING ELEVATIONS ARE SHOWN THUS:~.o F. FL. - FIRST FLOOR O. FL. -- GARAGE FLOOR DATUM UNAU~ORIZED ALTE~A33ON OR ADDITION TO THIS SURV]~Y I$ A VIOLATION OF SECTION 7209 OF, 3~IE NEW YORK STAT EDUCATION LAW. COPIES OF THIS SURV~f MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VAUD TRUE COPY. CER~FICA~ONS INOICAI~D HE~EON SHALL RUN ONLY TO THE PERSON FOR WHOM 3HE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE TTItE COMPANY. GOVERNMENTAL AGENCY AND LENDING INS~ON U~ HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI- PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TITLE SURVE'~3 AS ESTAGUSHED BY 3HE LI~LS. AND APPROVED AND ADO~U ~Y 3HE NEW Y LAND FOR SUCH USE NE~ YQJ~K~LAND S Lie. No. 50467 Nathan Taft Corwin III Land Surveyor :: ~tle Surveys -- Subdivisions -- Site Plans -- Construction Layout PHONE (651)727-2090 Fox (631)727-1727 NOTICE I .4(~)~ COUNTY OF SUFFOLK (~) mm~ SOUTHOLD 122