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Home My WebLink About34321-ZFORM NO. 4 TOWN OF S0UTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-34672 I~ate: 11/10/10 THIS C~a(TIFIES that the building DECK & OUTDOOR SHOWER Location of Property: 165 SECOND ST NEW SUFFOLK (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 117 Block 10 Lot 20.5 Subdivision FiledMap NO. __ Lot No. __ conforms substantially to the Application for Building Permit heretofore filed in this office dated JULY 7, 2008 pursuant to which Building Permit NO. 34321-Z dated NOVEMBER 25, 2008 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is DECK ADDITION /LND OUTDOOR SHOWER AS APPLIED FOR PER ZBA # 6205, DATED 10/16/08 AND ZBA # 6410, DATED 10/7/10. The certificate is issued to RONALD A POLLIO (OWNER) of the aforesaid building. SUFFOLK COUN~rYDEPART~NTOFHEALTH~PROVAL EL~t-&~ICAL CERTIFICATHNO. pLUmPnESS C~KTIFICATION DAT~ N/A N/A N/A h/ized ~ignature Rev. 1/81 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 34321 Z Date NOVEMBER 25, 2008 Permission is hereby granted to: RONALD A POLLIO 1461 FPJ~NKLIN AVE GARDEN CITY,NY 11530 for : DECK ADDITION TO EXISTING DECK AS PER ZBA GPJ~NT#6205 TO SFD AS APPLIED FOR. at premises located at County Tax Map No. 473889 Section 117 pursuant to application dated JULY Building Inspector to expire on MAY 165 SECOND ST NEW SUFFOLK Block 0010 Lot No. 020.005 7, 2008 and approved by the 25, 2010. Fee $ 200.00 Authorized Signature ORIGINAL Rev. 5/8/02 Form No. 6 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL 765-1802 APPLICATION FOR CERTIFICATE OF OCCUPANCY This application must be filled in by typewriter or ink and submitted to the Building Department A. For new building or new use: 1. Final survey of property with accurate location of all buildings, pToperty lines, streets, and topographic features. 2. Final Approval from Health Dept. of water supply and sewerage-disposal (S-9 form). 3. Approval of electrical installation from Board of Fire Underwriters. 4. 5. nusual ~ Sworn statement from plumber certifying that the solder used in system contains less than 2/10 of 1% lead. Commercial building, industrial building, multiple residences and similar buildings and installations, a certificate of Code Compliance from architect or engineer responsible for the building. Submit Pl.a~g Board Approval of completed site plan requirements. For existing buildings (prior to April 9, 1957) non-conforming uses, or buildings and "pre-existing" land uses: 1. Accurate survey of property showing all property lines, streets, building and unusual natural or topographic features. 2. A properly completed application and consent to inspect signed by the applicTM. If a Certificate of Occupancy is denied, the Building Inspector shall state the reasons therefor in writing to the applicant. C. Fees 1. Certificate of Occupancy - New dwelling $50.00, Additions to dwelling $50.00, Alterations to dwelling $50.00, Swimming pool $50.00, Accessory building $50.00, Additions to accessory building $50.00, Businesses $50.00. 2. Certificate of Occupancy on Pre-existing Building - $100.00 3. Copy of Certificate of Occupancy - $.25 4. Updated Certificate of Occupancy - $50.00 5. Temporary Certificate of Occupancy - Residential $15.00, Commercial $15.00 D te. /~,~&.lO / New Construction: b~C ~<~ V/Old or Pre-existing Building' · Op2~ ~'140[D~2(check one) LocationofProperty: ~t~,~-- ~'~.OAft9 S~F'/'t~-[- House No. Street Owner or Ownem Of Property: Suffolk County Tax Map No 1000, Section ] ]7 Subdivision Permit No.. ~z~l,-~_ Date of Permit. Health Dept. Approval: Planning Board Approval: I' Request for: Temporary Certificate Fee Submitted: $ Block Hamlet &90.005' Filed Map. Lot: ma Applicant: _~0¥1~1t~ k' ?t')![~O Underwriters Approval: ~t/~ / Final Ce~ifieate: ~ (check one) ~ ~ ~.~licant S~gnature TOWN OF SOUTHOLD BUILDING DEPT. 765-1802 INSPECTION FOUNDATION 1ST [ ] ROUGH PLBG. [ ] INSULATION [ ] FINAL [ ] FIRE SAFETY INSPECTION [ ] FIRE RESISTANT PENETRATION () FOUNDATION 2ND (]FRAMING/STRAPPING [ )FIREPLACE&CHIMNEY [ ] FIRE RESISTANT CONSTRUCTION REMARKS: DATE TOWN OF SOUTHOLD BUILDING DEPT. 765-1802 INSPECTION [ ] FOUNDATION 1ST [ ] ROUGH ~LBG. [ ] FOUNDATION 2ND [ ] IN~J~ATION [ ] FRAMING / STRAPPING [ ~ FINAL [ ] FIREPLACE & CHIMNEY [ ] FIRE SAFETY INSPECTION [ ] n~ RESmT~'r com'mucno. [ ] fiRE RE~T~ ~IETRATm. REMARKS:~ 'AT' f ~~f~ INSPECTOR ~~ FOUNDATION (2ND) ROUGEt FP. AIVIING & PL~G ~$~ATION PER N. Y. STATE ENERGY CODE TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-180~ FAX: (631) 765-9502 SoutholdTown.NorthFork.net Examined Approved /f,~ ~ ,20 Disapproved a/c "//~/[~ /i~ Expiration .~}/r~/~.~ ~ ,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 Surve~ Check Septic Form N.Y.S.D.E.C. Trustees Flood Permit Storm-Water Assessment Form Contact: Mail to: Building Inspector Phone: APPLICATION FOR BUILDING PERMIT Date INSTRUCTIONS ,20 Off 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. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulation~ admit authorized inspectors on premises and in building for necessary inspectio~~ J '~Signature ofapph~aant or name, ifa corporation) (Mailing address of applicant) '~ State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises ,qo ,,Id (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. }louse Nun tm Hamlet CountyTaxMapNo. 1000 Section 117 Block lO Lot ,~0,,~" Subdivision Filed Map No. Lot 2. State existing use and occupancy of premises and intended use and a. Existing use and occupancy b. Intended use and occupancy 3. Nature of work (check which applicable): New Building Repair Removal Demolition 4. Estimated Cost ,~ Iff/OO t7 Fee 5. If dwelling, number of dwelling units If garage, number of cars occupancy of proposed construction: Addition ~ Alteration Other Work (Description) (To be paid on filing this application) Number of dwelling units on each floor 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front 3 $', Height ~'/.- /¢~' Number of Stories Depth Depth. Height. 8. Dimensions of entire new construction: Front g~ o~ , Height .-r/.. ]~' Number of Stories 70 Dimensions of same structure with alterations or additions: Front Number of Stories Rear 70 ~/04 Name of Former Owner 11. Zone or use district in which premises are situated 9. Size of lot: Front 10. Date of Purchase Rear 4 I Depth Rear Depth 12. Does proposed construction violate any zoning law, ordinance or regulation? YES ,)~ NO 13. Wilt lot be re-graded? YES NO X Will excess fill be removed from premises? YES NO 14. Names of Owner of premises Name of Architect tS/se,~ Name of Contractor Address~t~/¢a ~ ~,~' Addresslr-ra~ ]flm ,~,tc ; t~ F.- Address Phone No. Phone No 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 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES · IF YES, PROVIDE A COPY. NO STATE OF NEW YORK) SS: COUNTY OF ) R O ~ ~,~7~ i'~ '~,"' '7~ being duly swom, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the ~/.~. -[~ t'/~ ffi t' (Contractor, Agent, Corporate O mcr, e c.) 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 a~il~fi~,~he work will be performed in the manner set forth in the application filed therewith. Sworn to before me this it ~/7'/ day of 20 NOMIY I~/ll, lC-ll4'l'! 05 NiW YOII{ No. 02MC61515]4 euollfllcl In luffolk ¢ounlJ.,- ~c~ A , ~009 ~g~'fffure of Applicant TOWN OF SOUTHOLD BUII~DING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown.NorthFork.net Examined ,20 Approved Disapproved Expiration ,20 areas, and waterways. PERMIT NO. Building Inspector BUILDING PERMIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Surv¢K Check Septic Form Trastees Flood Permit Storm-Water Assessment Form Contact: Mail to: POLLIO, ESQ 1461 FRANKLIN AVENUE GARDEN CITY, NY 1153(; APPLICATION FOR BUILDING PERMIT Date , INST.UCTIONS :ompletely filled in by typewriter or in ink and submitted to the Building Inspector with 4 le. Fee according to schedule. of lot and of buildings on premises, relationship to adjoining premises or public streets or 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 ora Building Permit pursuant to the Buil, Suffolk County, New York, and other applicable Laws, Ordinances or ons, or alterations or for removal or demolition as herein described. The appl ordinances, building code, housing code, anll r eg ulat ioni~an4do admit 1,~.' 2:)~,0 r necessary inspections. /~~ (Signature Iof applicant or name, if a corporation) BLDG DEP], ene l t F NKLIN AVENUE State whether applicant is owner, lessee, agent, architect, engineer, g con ra~~t~u~ffB3c Name of owner of premises If applicant is a corporation, signature of duly authorized officer (As on the tax roll or latest deed) (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Locft~ land on wh~s~__ork wf~ House Number Street County Tax MapNo. 1000 Section Subdivision Hamlet II1 Block ~JO Lot O~l~O' ~0 ~1~ Filed Map No. Lot 2. State existing use and occupancy of premises and in.tended, use and occupancy of proPclaed coes/ruction: a. Existing use and occupancy ' ~--~:$/1~C~; - ~"/'O~I,L ~l~r~ b. Intended useandoccupancy ~'/~{1,~,~ 'J~'~,~C~M~ //~(~' J'~' 3. Nature of work (check which applicable): New Building Addition Alteration Repair Removal Demolition OtherWork ~/'l°l~ ~ ~'~"~ ' (Des~riptton) ~ 4. Estimated Cost 0.~0 Fee (To be paid on filing this application) 5. If dwelling, number of dwelling units ~]~ Number of dwelling units on each floor If garage, number of cars If business, commercial or mixed occupancy, specify nature and extent of each type of use. 11. Zone or use district in which premises arc situated ~' ~ 12. Does proposed construction violate any zoning law, ordinance or regulation? YES~ NO 13. Will lot be re-graded? YES NO ~'~Will excess fill be removed from premises? YES Dimensions of existing structures, if any: Front ~"$ Rear ~,~ .Depth Y~'.~ Height "~/'~1,~ ~"T', NumberofStories I DepthDimensi°ns of same structure with alterations or additions:~ Height Front ~ ~ Rear 0 ~a~ ~ r~ Number of Stories .~ Dimensions of entire new construction: Front Rear .Depth Height Number of Stodes Size of lot: Front 70 Rear~--70 Depth /0~ 14. NamesofOwnerofpremises ~).p$iliO Address PhoneNo.~ ~t~ ~..~1~.. ~-'~"~O Name of Architect ~dd;;:~¢~~. ~~ Name of Contractor 14D1 ~HAN~LIN AV~NU~ 15 a. Is this proper, within 100 feet of a tidal wetland or a rresh~R~ ~yo ~C * IF YES, SOUTHOLD TO~ TRUSTEES & D.E.C. PE~ITS MAY BE ~QUI~D. b. Is this prope~ within 300 feet of a tidal wetland? * YES NO ~ * IF YES, D.E.C. PE~ITS MAY BE REQUIRED. 16. Provide su~ey, to scale, with accurate foundation plan and distances to prope~ lines. ~/~~ 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on su~ey. 18. Are there any covenants and restrictions with respeckto this property? * YES ~NO a STATE OF NEW YORK) COUNTY OF ~ ~ ~ ~ being duly swom, deposes and says that (s)be is the applicant (Name of individual signing conWact) above named, {S)He is the ~g (Conwactor, Agent, Co.orate Officer, etc.) of said owner or owners, and is duly authorized to perform or have perforated the said work and to make and file this application;~ that all statements contained in this application are true to the besl of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. / Swok;l~,~before me this "" -'~ -- ~ ~ NoraW Public ~ Publ~, 8~ ~ New YO~ Signature of Applicanl FORM NO. 3 TOWN OF SOUTHOLD BUILD1NG DEPARTMENT NOTICE OF DISAPPROVAL DATE: July 18, 2008 TO: Robert Lehnert for Ronald Pollio 32645 Main Rd. Cutchogue, NY. 11935 Please take notice that your application dated July 7, 2008 For a permit for deck addition to a single family dwelling at Location of property: 165 Second St., New Suffolk, NY County Tax Map No. 1000 - Section 117 Block 10 Lot 20.5 Is returned herewith and disapproved on the following grounds: The proposed construction of a deck addition to a single family dwelling on a non- conforming 6,999 sq. ft. parcel, is not permitted pursuant to Article XXIII Section 280- 124 which states: "This section is intended to provide minimum standards for granting of a building permit for the principal buildings of lots which are recognized by the town under 280-9, are nonconforming and have not merged pursuant to 280-10." Lots measuring less than 20,000, shall have a minimum front yard setback of 35' & a side yard of 10'. The survey indicates a front yard setback of approx. 9.5' & a side yard setback of 6.5'. Authorized Signature FORM NO. 3 NOTICE OF DISAPPROVAL DATE: May 25, 2010 TO: Ronald Pollio 1461 Franklin Avenue Garden City, New York 11530 Please take notice that your application dated May 7, 2010 For a permit for an "as built" accessory shower at Location of property: 165 Second St., New Suffblk, NY County Tax Map No. 1000 - Section 117 Block 10 Lot 20.5 Is returned herewith and disapproved on the following grounds: The "as built" accessory shower is not permitted pursuant to ZBA decision #6205 condition #1 Relocation of the existing outdoor shower to a conforming location. Article Ill, 280-15 states: "In the case AC District & Low Density Residential R80, ...Districts, accessory buildings & structures or other accessory uses shall be located in the required rear yard, subject to ..." The 'Gas built" outdoor shower is located in the side yard. Authorized Signature 10/3i/2oo@ 13:44 Gerard P,,Goehfinger, Chairman Rath D. Oliva James Dinizio, Michael A. Simon ~slie ~nes Weis~n ZONINGBDOFAPPEALS PAGE 02/04 Mailing Ad.dress: Southold Town Hall 53095 Main Road - P.O. Box 1179 Southold, NY I 1971-0959 OfficeJ~ocation: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northlbrk, net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 FINDINGS, DELIBERATIONS, AND DETERMINATION MEETING HELD OCTOBER 16, 2008 ZBA # 6~a5 - RONALD POLLIO PROPERTY LOCATION: 165 Second Street, New Suffolk CTM 1000-117-10-20.5 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review fails 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 received September 15, 2008 stating that this application is considered a matter for local determination as there appears to be no significant couuty-wide or inter-community impact. PROPERTY FACTS/DESCRIPTION:. The subject property is a non-conforming 6,999 square foot parcel in the R40 District, measuring 70.00 feet along Second Street to the east, 100.00 feet to the northern boundary, 100.00 feet along the southern boundary, and 70.00 feet along the western boundary. The lot is improved with a single-family dwelling, as shown on the survey by John C. Ehlers, L. S. dated June 25, 2008. BASIS OF APPLICATION: Request for a Variance under Section 280-124, based on the Building Inspector's July 18, 2008 Notice of Disapproval concerning a proposed deck addition on a nonconforming 6,999 square foot parcel, which new construction will be less than the code required minimum of 10 feet on a single side yard setback and less than 35 feet on the minimum front yard setback. FINDINGS OF FACT The Zoning Board of Appears held a public hearing on this application on September 25, 2008, at which time wriffen and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zorling Board finds the following facts to be true and relevant: 18/31/2888 13:44 6317659864 ZONINGBDOCAPPEALS PAGE 83/84 Page 2 - Octob¢~ 16, 2008 ZBA # 620 S- Rouald Polliu, Applicant CTM 1000-117-10-20-5 RFA,TEF REQUESTED: The applicant seeks vaziances for a 12 ~. wide by 24 ft. de~ep deck edition with a reduced south side setback from 10 feet to 6.5 feet, and a reduction of front yard setback from 35 feet to 9.5 feet· REASONS FOR BOARD ACTION: On the basis of testimony presented, materials su-~mitted, and personal inspections, the Board makes the following findings: 1. Town Law §267-bf3/(b/(3)(1). Grant of setback variances will not have an adverse environmental effect on the character of the neighborhood or be a detriment to nearby properties- An existing high hedge on the south side of the property will screen the deck from the neighbors property. Increasing the non-conformity in the front yard will add only a 7.4 foot extension of a 36.3 foot east side oft, he house. 2. Town Law ~267-b(3](b}¢2). The benefit of an expanded and renovated house c~-not be achieved by eome method, feasible for the applicant to pursue, other than area variances. Any expansion of the existing deck would require a variance. 3. Town Law ~26%b(3)(b)(3). The variance is not substantial. The reduction of the front yard setback applies on. The existing front yard setback will be extended but will not exceed the existing nonconforming setback. 4. Tqwn Law ~267-b(3)(b)(5). The need for a variance was self-created only so far it is a consequence of a decision to extend an existing side deck on a narrow nonconforming lot. 5. Town Law ~267-b(3)(bl(41. No evidence has been submitted to suggest that grant of this relief will have an adverse impact on physical or environmental conditions in the neighborhood. Owners of the three adjoining houses have indicated theix support of the application. 6. Town Law ~ Grant of the relief requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of his property, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Simon, seconded by Member Weisman, and duly carried, to 18/31/2888 13:44 6317659864 ZONINGBDOFAPPEALS PAGE 84/84 Pa§e2~ - O~-ober 16, 2008 ZBA # 620~- Ronald pollio, Apphcant CTM 1000-117-10-20.5 GRANT the variances as applied for, as shown on Project 0821 Site Map A-l, prepared by Peconic Permit Expe&i.ting dated 7-21-08, subject to the following CONDITIONS: 1. Relocation of the existi-~ outdoor shower (to a conforming locai/~n), and 2. Retention. of the vegetative scree-l-g on the south side of the property. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the variance given such as extensions, or demohtions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Weisman. absent. Ayes: Members Ohva (Chairwoman), Dinizio, Simon and This Resolution was duly adopted (4-0). Chairman Goehringer was RUTH D. OLIVA, Vice Chairwoman Approved for F~!ing 10/ To /2008 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. 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]/~U~J~~ /~ TOWN OF SOUTHOLDIll III -'7/l I FINDINGS, DELIBERATIONS AND DETE SotJr~Otl~ MEETING OF OCTOBER 7, 20~~ ZBA FILE: # 6410 NAME OF APPLICANT: Ronald A. Pollio PROPERTY LOCATION: 165 Second St., New Suffolk, NY SCTM#1000-117-10-20.5 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 COLrNTY 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 July 28, 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 is not subject to review under Chapter 268 because the variance relief requested does not involve features that relate to a regulated natural feature or a bulkhead or other shoreline. PROPERTY FACTS/DESCRIPTION: Subject parcel is a nonconforming 6,999 sq. ft. improved lot. It has 70 feet of frontage on Second Street, 100 feet on the south property line, 70 feet on the rear property line and 100 feet along the north property line. As shown on a survey dated 6/1/2010 prepared by John C. Ehlers, LS. BASIS OF APPLICATION: Request for Variance from Code Sections 280-15 and relief from prior grant #6205, based on an application for building permit and the Building Inspector's May 25, 2010 Notice of Disapproval concerning "as built" accessory shower, at 1) location other than the code required rear yard, 2) relief from Condition #1 of ZBA Grant #6205; at: 165 Second St., New Suffolk, NY SCTM#1000-117-10-20.5. RELIEF REQUESTED: Applicant is requesting that the existing outdoor shower remain at 8 feet from the southern property line in the non-conforming side yard instead of the required rear yard and as conditioned in ZBA Decision #6205.which required relocation to a conforming rear yard in conjunction with an application for an open raised deck with a non-conforming southeasterly side which was granted. ADDITIONAL INFORMATION: A letter was received from a neighbor in support of the application. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on September 23,2010, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal Page 2 - October 7, 2010 ZBA File#6410 - Pollio CTM: 1000-117-10-20.5 inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 1~267-b(3)(b)(1) Grant of the variance of will not produce an undesirable change in the character of the neighborhood. The subject property is part of a subdivision of several original small cottages on one quarter acre lots in New Suffolk, NY. Many of those lots, including the applicant's, have rear yards that all face on to an open green area without apparent property boundaries. Moving the shower from it's current non-conforming side yard location to the applicant's rear yard would make it highly visible to all the neighboring properties and adversely impact the feeling of open space while also eliminating the privacy that a shower requires Based upon personal site inspections and comments from neighbors, the Board presently feels that the current non-conforming location, of the accessory shower structure in the side yard area will have a positive rather than a detrimental impact on the immediate neighborhood. 2. Town Law §267-b(3)(b)(2) The benefit sought by the applicant, cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance, and/or relief from a condition previously applied by the ZBA since the proposal is to keep the outdoor shower in a non-conforming side yard.. 3. Town Law §267-b(3)(b)(3) The variance requested is substantial, since the code required location for accessory structures is the rear yard. However, the shower is currently placed in an unobtrusive location and is well screened, and its location is most beneficial for adjoining neighbors 4. Town Law §267-b(3)(b)(4) No evidence has been submitted to suggest that the granting of this variance will have an adverse impact on the physical or environmental conditions in this neighborhood. The shower has been located in the side yard for many years without adverse impacts. 5. Town Law §267-b(3)(b)(5) The difficulty is self-created. The as built shower was placed in its current location by the applicant, however as noted in the letter of support, the non-conforming location is most unobtrusive to the neighbor and the applicant. 6. Town Law §267-b. Grant of this variance is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of accessory shower structure in a side yard ama, 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 Goehringer, seconded by Member Schneider; TO GRANT, RELIEF of CONDITION #1 in the 10/16/2008 Decision of the Board File#6205, and to; GRANT, the variance as applied for, and shown on the survey dated 6/I/2010 prepared by John C. Ehlers, LS. Subject to the following Conditions: 1 .Accessory Shower Structure may not be altered in any way. 2.Existing screening must be continuously maintained adjacent to this structure. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department 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 trader this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Page 3 - October 7, 2010 ZBA File#6410 - Pollio CTM: 1000-117-10-20.5 Vote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Dinizio, Schneider. (Member Horning by telephone, no voting rights) This Resolution was duly adopted (4-O). L"~sl~e Kanes Weisman, Chairperson Approved for Filing,~/t2 / Jo~/2010 Ronald A. Pollio 1461 Franklin Avenue Garden City, New York 11530 516-742-3494 FAX: (631) 765-9502 Town of Southhold Office of Builing Inspection Town Hall Southold, New York 11971 Re.' April 8, 2010 Permit #: 34321 Issued: November 25, 2008 Homeowner: Ronald A. Pollio Address: 165 Second Street New Suffolk, NY 11956 Dear Gentlemen: Unfortunately, I need to request that the Board grant me an extension to the above referenced Permit which is due to expire on May 25,2010. Although the job was started prior to November 2009, I was unable to complete for various reasons beyond my control. I appreciate your kind consideration of my request for an extension. Sincerfil)y/yours, RAP:ap BLDG DEPT. TOWN OF SOUIHOLD Town [tail :Mmcx 5137,~ Main Road P.O. Box 1179 Soudloh[, NY 11971-0959 Tclcphonc (631 ) 765-1802 l:ax (fi31) 7654),302 BI JILl)IN(; 1)EPARTMENT TOWN OF $OUTHOLD November 4, 2010 Ronald A. Pollio 1461 Franklin Avenue Garden City, NY 11530 165 Second Street, New Suffolk TO WHOM IT MAY CONCERN: The following items are needed to complete your Certificate of Occuancy: Application of Certificate of Occupancy. (Enclosed) Electrical Underwriters Certificate. Afeeof $25.00 Final Health Department approval. Plumbers Solder Certificate. (All permits involving plumbing after 4,11184) Trustees Certificate of Compliance. (Town Trustees #765-1892) Final Planning Board approval. Final Fire Inspection from Fire Marshal. Final Inspection from the Building Dept. Final Landmark Preservation approval. Building Permit: 34321.Z deck addition TO~N OF SOUTHOLD PROPERTY RECORD CARD /~-2_ Io~)- )1 -~ -I~-~,~, WNER ' STREET t~5 VILLAGE DIST. SUB. LOT )RMER OWNER N~. S W ~PE OF BUILDING ~ND IMP. TOTAL DATE R~RKS ~ ~ I ' Ioble FRONTAGE ON WATER ~lond FRONTAGE ON ROAD adowl~d DEPTH use Plot BULKH~D COLOR TRIM M. Bldg. Extension Extension Extension Foundation Both Dinette Porch Basement Floors K. Porch Ext. Walls Interior Finish LR. Breezeway Fire Place Heat DR. Total Gm'age Type Roof Rooms 1st Floor BR. Patio Recreation Room Rooms 2nd Floor FIN. B O.B. Dormer Driveway OWNER STREIZT ~,ES. // LAND ~lOo ~7~ ~ ?~ AGE NEW Farm -illable 1 Tillable 2 -illable 3 ,Voodland ,wampland Irushland -louse Plot 'ora I SEAS. VL. IMP. l~ ~ q 00 / NORMAL Acre TOTAL /%/4c FARM DATE ,tS~/cc BELOW Value Per Acre ABOVE VILLAGE CeM,M. DISTRICT SUB. LOT ACREAGE Value ' ' ' I Foundation Bath [ J Basement Floors Extension Extension Ext. Walls Interior Finish Extension Fire Ploce Hec~t /~4 ~ ~. ~ J~ _.~ -- Porch Attic ~ ~ V .Z ,S"~'~ Porch Rooms I st Flor B~e,ew~, ~-~ ~ ~ p~tlo R~ 2nd Ft~ Garage Driveway ~.B. CARD FORMER OWNER RES. LAND SEAS. IMP. VL. -~TREET VI LLAGE LOT FARM j TOTA~L DATE AGE BUILDING CONDITION NEW NORMAL ABOVE Farm Acre Value Tillable 1 Tillable 2 Tillable 3 Woodland Swampland Brush!c~ ~ House Plot BELOW Value Per Acre W COMM. I IND. REMARKS Tota I / DISTRICT SUB. ACR GE CB. j MISC. - ~, / / 2~ Basement Floors Extension ~t. Walls ~ / Interior Finish Extension Fire Place ,,~' ~ He~ Porch Rooms 1st Floor Breezeway ~ Patio Rooms 2nd Floor Garage ~ ~' V ~t~fa /JJ Driveway Ronald A. Pollio 1461 Franklin Avenue Garden City, New York 11530 516-742-3494 FILE May 6, 2010 Town of Southold Building Department Town Hall Annex Building P.O. Box 1179 Southold, New York 11971 Dear Ladies and Gentlemen: Re: Application for Building Permit ProperS,: 165 Second Street New Suffolk, NY 11956 Owner : Ronald A. Pollio application is for approval of an existing excessory structure in side yard - an As' #6205 variance approval, a condition was imposed, which required the outdoor shower, because it is located in the side yard. The outdoor er's curreut location is the most inconspicuous and least intrusive (to my neighbors) location I am hopeful that the location and permit is approved. I have attached the items for your consideration: · Buildin · ZBA · Land Survey · Deed, which contains RAP:ap Encls. ;deliberation determinations dated October 16, 2008 c addition Sin y ur . SUt~ME'r' OF PROPERT,' 51TUATE~ NEI~i 5UF:t=OLK TOINN: 50UTHOLD 5UI=I=OLK C, OUNTY, SUFFOLK ~NT¥ TAX # IOOO - 117 - IO - C~R'fJU~J~ TO: RONALD ~OL~O SACK$oN S85°37'00"E 100.00' N85°37, 4q.51' N NOTES~ · Are~ = 6,qqq 5. F. Are.a = O,160"/ Acre.~ 6RAPHIC, 5GALE MON~I"IL=NT FO~D ONiC, '~ ~ ~ ~"~ OF APPEALS, JOHN C. EHI.ERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8:l~[~l:r.C:~)oeuments and Setfings\OwnerkDesktop\08-159.pro SURVEY OF PROPERTY' 51TUATE-. NEIN 5UPt=OLK TO~N: 50blTFIOLD 5Ut=FOLK ~T'K, N'f' 5UI~,VE'r~E~ 06-2.5--200,~ SUFFOLK ~:::AJNT"K TAX # IOOO - II-/ - IO - 20...5 ~_ C-'~A'Lr[B~ 'TO: S85°37'00"E 100.00' 0 N85°37'00"W 100.00' N NOTE~, · ldO'NUt, dENT FOUND Ar'~ = 0.1~0-/ Acr'~ ®t~-.APHIC, ~GALt= I"= ~0' JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8:l~F.CADocuments and Setfings\Owner~Desktop\08-159.pro CERTJFtCATION OF NAILING & CONNEcTIONs REQUIRED. ,0 '%~5°37'00'1E 100.00r FL. ON P/L N&503 7'O0"w I 00.00' DECK PLOT PLAN 5GALS I "=20' INFORMATION FOR PLOT PLAN TAKEN FROM SURVEY BY JOHN EHLER~ LAND SURVEYOR DATED: JUNE 25, 2006 8 5~55°3 7'O0"E RETAIN STORM WATER RUNOFF ' PURSUANT TO CHAPTER 236 CC' r~L'Y WITH ALL COPEs OF O~TNETO~. CO~E. PROPOSED NEW /' 100.00' As R.c, '~' s~-^-,-. ~ ~O~H' ~0~.~ ,~D AN~ CONDi} ' ~ ,~ o~ DECK ADDITION ~ ~ 80UThOLD TOWN P~,'WI~ ~ - .... so:,~o~o~ow~r~,,~s AT THE POLLIO RESIDENCE 9. '~ ' ALL CONSTRUCTION SHALL 28.2' , (~ MEET THE REQUIREMENTS OF THE d CODESOFNEWYORKSTATE, 165 SECOND STREET 8. [ ~ / i.....0 OCCUPANCY OR NEWSUFFOLK,NY ~ ~ ~ ' USE IS UNLAWFUL ~C) o~ ~) ~ I 5TORy ff WITHOUT CERTIFICATE .... ~ / ~ous~ CA~M~ -u?~ I UNDer'GUm OFOCCUPANCY S.C.T.M. ~ 1000-117-10-20.5 g , FEE: BY NOTIFY BUILDING DEPARTMENT AT A5 PER CLIENT 7-2 ~ [o~cow~ ~s,[c,~o~s: CHANGED ~ ~ ~ D~C~ 1. FOUNDATION - TWO REQUIRED :- ~ ~-- -- n FOR POURED CONCRETE ~0~ ~UILDIN~ II-4-0~ ~ - ~' I ~ 2, ROUGH - FRAMING & PLUMBING r ~ s. ~NSU~T~ON FERM IT ~ L -~-~ / O 4. RNAL- CONSTRUCTION MUST BE COMPLETE FOR C.O. ~ ~ FL, ONP/L- ~_ ~ , ~ ALL CONSTRUCTION SHALL MEET THE REQUIREMENTS OF THE CODES OF NEW ~ YORK STATE. NOT RESPONSBLE FOR ~ DESIGN OR CONSTRUCTION ERRORS. N&5°37'OO"W / OO.OO' ~s. o.5, s. PLOT PLAN SCALE: I"= I O' I INPOR, MATION POle, PLOT PLAN TAKEN P~OM SURVEY ~Y' JOHN EHLEP-,~ LAND 5UP-.V~YOR DATED= JUNE 25, 200¢ L 2~ J o ACQ LEDGE~ BOLTED TO S d P~O~'O~ED DEC~ 8 o DEPTH P C FOOTING -Ti., o,,~ BOULEVARD PLANN1NG P.C. ,.x 671 FRANKLIN AVENUE I'-0" ~ , 7'-4" 7'-4" 7'-4" I'-0" "-~'~' ~ 4'-2" 24'-0" GARDEN CITY, N.Y. ,..a,~ FOLrNDATION PLAN O :" "':' PECONIC PERMIT %: ~' ~1,: EXPEDITING PHONE: G3 I .734.63G I DECK COLU1VIN DETAIL TNESE PL^NS*ND S,'EC,FE^',O,S ^.~ ,NS*R,MENTS OF S~V,C~ AND A~ THE PROPERTY OF PECONIC PERMIT EXPEDITING INC SCALd :N .T.5, INFRINGEMENTS WILL BE PROSECUTED SITE AND ZON1NG DATA ZONING P-,EQUIREMENT5 ~40 EXISTING COND[TION~ PROPOSED CONSTRUCTION A5 PER 260 - 124 LOT AREA 7000 S.F. 7000 S.F. FP~ONTYAI~D 5ETDACK 35.0 ~T ~, I ~'. ~ I FT. REARYAKD SETBACK 35,0 ~ 5,4. 5 h~. 54. 5 FT. SIDE YAi~D 5~TDACK I 0.0 FT I 4.7 FT. G. 5 FT. TOTAL @ DOTH SIDE5 25.0 FT 33.0 FT 2 I, 2 MAX, G~055 FLOOR A?.EA 20% I 154 S.F. I 4.,4% 1323 D.F, MAXIMUM M~IGIflT 35.0' PT J 5, O' PT I 5, O' 4'-2" 24'-0" TMEf~.E Ai~E NO Ofe. ADE CHANGE~, EXC,~¥ATION, FILLINg., AND/O~ CLE.Af~ING. DONE TO THIS DATE: 7-7-08 DR. BY: R W L SCALE: AS NOTED CIIKD: .I DECK PLAN ~o,.~:,. _,,o,, 0821 A-1 ELEVATION SCALD I/4" = iLO'' 2x I 0 ACQ DECK JOIST ~ I 6;" O.C. (2)2x IOACQ GIP. DER 2" DIA x 3LO'' POUR. ED CONCRETE PIER 2x I 0 AC(] LEDGER BOLTED -- TO EXISTING FOUNDATION - STAGGER BOLTS METAL 2x8 CCA DECK SECTION 4"x4" CCA -- POST MECH. FASTENED TO P.C. FOOTING GALVANIZED THROUGH BOLTS DECK GIRDER DETAIL 5CAL~:U2''= I'0" NAILING SCHEDULE Wood Frame Construcbon Manual I 995 5DC High Wind Edition TABLE 3. I Joint Description I Number of Naris I Nad 5paclnq ROOF FRAMING Rafter to Top Plate (Toe-nailed) 3 8D per ra~er 3 - 8D Joist to Top Plate (Toe-haled) Joist to Parrallel Raf¢er (Facemaled) Joist Lc over Partitions (Face-nailed) Collar Tie to Rafter (Pace-naded) Blockme to Rafter (Toe-naded) 4-IGD 4 IGD 4- IGD 2 - 8D per,lolst each lap each lap per tie each end Rim Board to ~.after (End-naded) 2 - i GD each end WALL FRAMING 2 IGD~ Plate to Top Plate (Pace-nailed) Plates at Intersections (Face-nailed) 4-IGD per foot iolnts - each side Stud to Stud (Face naded) 2 - I GD 24" s.c. Header to Header (Facemafled) I GD or Bottom Plate to Stud (End-naded) 2 I GD 3 i GD 4 IGD Sol:tom Plate Lo Moor,prat, Bandlo~st Rndlomt or Blocklnq (Pace-nailed; FLOOR FRAMING 2 - I GD"a o.c. alonq edges per 2x4 stud per 2xG stud per 2x8 stud perfoot Joist to Sill, Top Plate or Grader (Toe-nailed) to Joist Blocking to Jo~st (Toe nailed) 4 - SD per lo,st each end 2 - 8D 2 - 8D each end BIockmq to 5111 or Top Plate (Toemaled) 3 - I GD each block 3- Beam (Face-naled) Joist on Ledqer to Beam (Toe-nailed) Band Joist to Joist (End-nailed) 3 - 8D 3- 2- IGD' Band Joist to 5111 or Top PLate (Toe naled) ROOff SHEATHING eachjolst per Fist per,lo,st per foot Structural Panels Board 5heathmq CEILING SHEATHING 8D g" edqe/G" field per sEppod. per support 2 - 8D 3 - 8D ~sum Wallboard j 5D coolers I 7" edqe/ I 0" held WALL SHEATHING Structural Panels Fiberboard Panels 7II 25/32"' 8D GD 8D Wallboard 5D coolers Hardboard SD Parttcleboard Panels SD Board 5hleathmq 2 - 8D 3 8D G" edqe/G" field 3" edqe / G" field 3" ede}e / G" field 7" edqe/ I 0" field G" edqe/G" field ~" edqe/G" field per support per support FLOOR SHEATHING Structural Panels ~reater than onal Board 5hleathmq I"xG"or I"xS" 8D I OD G" edqe/ I 2" field G" edqe / g" field 2 - 8D per support I" x I0" or wider 3 SD per support DECK STAIR DETAIL 5CALE:N T,5, CLIMATE & GEOGRAPHIC DESIGN CRITERIA GROUND WIND 5EIBMIC SUBJECT TO DAMAGE BY: WINTER ICE 51flIELD SNOW (SPEED IN DESIGN[ DESIGN UNDERLAYMENT FLOOD LOAD MPH) CRITERIIA WEATHERING FROST HAZARD LINE DEPTH TEP-JVIrTE DECAY TEMP. REQUIP-~D N/A PEP~ R BEVER~ 3' - 0" MOD. TO SLIGHT TO I DEGREE5 YES N / A 45 PBP 120 MPH 301. 2'2 HEAVY MODERATE UN~ 2 C ~NNECTION OF RAFTER TO ROOF ~ OF SHEATHING TOP OF PLATE UN~ ~ F HEADER ON~ FINBH SECOND FLOOR ELEVAI IUN +0'- r U" LINI~ g - q OF WALL HEADER CONNECTION OF TOP SHEATHING' LINIq¢ g - CONNECTrON TO FLOOR FINrSH FIRST FLOOR ELI-VAIIUN +O'-U" GI~DE = WALL WALL TO FOUNDITION F-- CRITICAL LOAD PATH N,T,5, D~,AWlNG 15 PlAGRAMMATIC ONLY $ IS NOT ~FLECTIVE OF ACTUAL MEMBER 512E5 OR ~¢PES. FOR THIS PARTICULAR PROJECT SEE FLOOR PLAN5 ¢ SECTIONS. TYP. HIP AT CORNER PLATE COIL :STRAPPING A5 MANUF. BY SIMPSON STRO'NG-TfE TO BE ATFACId~D TO EACH RAFTER $ PLATE W/8d COMMON NAIL5 TYPICAL RAFTER TiE +,~OOF ~ BLOCKING 2 BAY5_~' ~ BACK @ 4'-0" 0 C ~T-- BACK $ 4'-0" O.C. TYP1CAL STRAP TIE DETAIL PROPOSED DECK ADDITION AT THE POLLIO RESIDENCE 165 SECOND STREET NEW SUFFOLK, NY S.C.T.M. # 1000-117-10-20.5 I REVISIONS DATE; BOULEVARD PLANNING.P.C. ARCHITECTS ' .- 671 FRANKLIN AVENUE GARDEN CITY, N.Y. PECONIC PERMIT EXPEDITING PHONE: G3 I .734.83G I THESE PLANS AND S PECIFCATIONS ARE INSTRUMENTS OF SERVICE AND ARE THE PROPERTY OF PECONIC PERMIT EXPEDITFNG [NC INFRINGEMENTS WFLL BE PROSECUTED, DATE: 11-4-08 DR. BY: R W L SCALE: AS NOTED CHKD: PROJECT NUMBER 0821 SHEET NUMBER A-2 I I