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117 GOGGINS, WILLIAM & DONNA 5604 JD AS BLT ADDNS/ALTS FYSB & +2.5 STYS 1780 JACKSON & 5TM N SUFF 117-10-14.1 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Horuing Ken Schneider http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Southold Town Hall 53095 Main Road · 170. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Southold Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF FEBRUARY 16, 2011 ZBA Application No.: 6444 Applicants/Owners: William C. Goggins and DonnaM. Goggins SCTM#1000-117-10-14.1. Property Location: 8755 New Suffolk Road (Fifth Street)(adj. to Great Peconic Bay) New Suffolk, NY 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 requirements 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 January 11,2011 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. The Zoning Board of Appeals held a public hearing on this application on Feb. 3,2011, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: REQUEST MADE BY APPLICANT: The Applicant-Owner requests a Special Exception under Zoning Code Section 280-13(B)(13) to establish an Accessory Apartment in existing accessory structure. PROPERTY FACTS/DESCRIPTION: The subject property is 41,205 square feet with 100.10 feet along Fifth St. / Jackson St., 453.12 feet on the east property line, 75.01 feet on Great Peconic Bay and 453.84 feet on the west property line. The property is improved with a single-family three-story residence, an accessory two-story garage and an in-ground swimming pool as shown on the survey dated Sept. 1, 2004 prepared by Stanley J. I saksen, Jr. The accessory structure has a CO of record dated Nov. 19, 2003 under Certificate of Occupancy #Z-29852 confirming that the two-story accessory garage was built prior to January 1, 2008. The owner resides in the existing single-family dwelling as the owners' principal residence. FINDINGS OF FACT: In considering this application, the Board has reviewed the code requirements set forth pursuant to Article 111, Section 280-13(B)(13) to establish an Accessory Apartment in an Accessory Structure and finds that the applicant complies with the requirements for the reasons noted below: 1. The Accessory Apartment unit is located on one floor in a portion of the second floor of an accessory Page 2 February 16,2011 ZBA File#6444 - Goggins garage built in the year 2003 and has a CO dated November 19, 2003 with an area of 744.3 Sq. Ft., in conformity with code requirements, as described and shown on the floor plan by MCH Design Services, dated February 7, 2011 and signed by James J. Deerkoski, PE. 2. The applicant herein, owns and resides at the property and will continue to occupy the single-family dwelling as a principal residence while the Accessory Apartment is occupied in conformance with the code requirements as set forth in Article III, Section 280-13(B)(13)(1-4). 3. The owners' plans comply with the on-site parking requirements and provide for a total of three (3) parking spaces, two for the principal dwelling and one for the Accessory Apartment, utilizing the existing driveway areas, as shown on the survey dated Sept. 1, 2004 prepared by Stanley J. Isaksen, Jr. 4. The dwelling unit shall comply with the definition of same in §280-4 of the code and comply with the code requirements as defined in Section 280-13(B)(13) of the Zoning Code. The owner confirms that the accessory apartment shall not contain less than 450 sq. feet nor will the accessory apartment exceed 750 square feet of livable floor area, all on one floor with only one full bathroom. Only one accessory apartment will be on the subject property. 5. The occupants of the accessory apartment will be a family member and the occupancy shall not exceed the number of persons permitted. A notarized affidavit dated Dec. 22, 2010, signed by the applicant, states that the Accessory Apartment will be occupied by the parents of Donna M. Goggins, the co-applicant. The owner will comply with Section 280-13(D). REASONS FOR BOARD ACTION DESCRIBED BELOW: 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: 1) The Accessory Apartment, as applied for, is reasonable in relation to the District in which is located, adjacent use districts, and nearby adjacent residential uses. 2) This Accessory Apartment shall be in conjunction with the owner's residence and located in the Accessory structure, and as proposed will not prevent the orderly and reasonable use of districts and adjacent properties. 3) No evidence has been submitted to show that the safety, health, welfare, comfort, convenience, order of the Town would be adversely affected. 4) The special exception is authorized under the Zoning Code through the Zoning Board of Appeals as noted herein, and issuance of a Certificate of Occupancy from the Building Inspector is required by code before an Accessory Apartment may be occupied. 5) No adverse conditions were found after considering items listed under Sections 280-142 and 280-143 of the Zoning Code. 6) Submission of a Certificate of Compliance or similar document will be necessary for issuance by the Building Inspector certifying that the premises meet the requirements as defined in Chapter 280-4 and conforms to Chapter 280-13(B)(13) of the Zoning Code for an Accessory Apartment use. BOARD RESOLUTION: On motion by Member Goehringer, seconded by Member Dinizio, it was RESOLVED, to GRANT, a Special Exception for an Accessory Apartment, in the existing Accessory Structure, as applied for, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Owner shall occupy the single-family dwelling or the Accessory Apartment as their principal residence. 2. Certificate of Occupancy shall be obtained from the Building Department before occupancy of the Accessory Apartment, which is required, and pursuant to §280-13(B)(13)and 280-13(D) the rental permit shall be renewed by the Building Department annually. 3. The owner shall install in any second floor accessory apartment a pull down emergency egress chain ladder. Page 3 - February 16, 2011 ZBA File#6444 - Goggins 4. No Bed and Breakfast shall be permitted on the property, so long as the accessory apartment exists; 5. The applicant must obtain SCDHS approval for water supply and sewage disposal. 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 demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Boar& Ayes: Members Weisman (Chairperson), Dinizio, Goehringer. (Absent was: Member Schneider) Horning by telephone; no voting righ0 This Resolution was duly adopted (3-0). Approved for filing ,,~/ /' 7/2011 / (Member Design No. U301 November 17, 2010 Bearing Wall Rating -- 2 HR. Finish Rating -- 66 Min. Load RestricEed for Canadian Applications -- See Guide BXUV7 16" O.C, 2 x4 s firestopp @A, LGFC-WD. AD, GYPSUM BOARD* - AS AN ALTERNATE TO ITEM 4 - 5/8 IN. THICK APPLIED EITHER HORIZONTALLY OR VERTICALLY. INNER LAYER5 FASTENED TO FRAMING WITH I-1/4 IN. LONG TYPE W COARSE THREAD GYPSUM PANEL STEEL SCREWS SPACED A MAX 8 IN WITH LAST SRCREW 2 IN, FROM EDGE OF BOARD. OUTER LAYERS FASTENED TO FRAMING WITH 2-@B IN. LONG TYPE W COARSE THREAD GYPSUM PANEL STEEL 5CREWS SPACED A M~X 8 IN, OC, WITH LAST SCREW 2 IN. FROM EDGE OF BOARD. WHEN USED IN WIDTHS OTHER THAN 4B IN., GYPSUM BOARD TO BE INSTALLED HORIZONTALLY, ALL JOINTS IN FACE LAYERS STAGGERED WITH JOINT5 IN BASE LAYERS. JOINTS OF EACH BASE LAYER OFFSET WITH JOINTS OF BASE LAYER ON OPPOSITE SIDE, AMERICAN GYPSUM CO - TYPES AGX-2, AG-C. 4E, GYPSUM BOARD* - (AS AN ALTERNATE TO ITEMS 4 THROUGH 4D} - 5/8 IN. THICK, A FT. WIDE, PAPER SURFACED APPLIED VERTICALLY AND SECURED AS BESCRIBEO IN ITEM 4 TEMPLE-INLAND -TYPE X COMFORTGUARD 50UND DEADENING GYPSUM BOARD. 4F. GYPSUM BOARD* - (AS AN ALTERNATE TO ITEM 4) ~ NOT TO BE USED WITH ITEM 6.5/8 IN. THICK~ 4 FT. WIDE~ PAPER SURFACED, APPLIED VERTICALLY AND SECURED AS DESCRIBED IN ITEM 4. NATIONAL GYPSUM CO - SOUNDBREAK XP TYPE X GYPSUM BOARD 4G. WALL AND PARTITION FACINGS AND ACCESSORIES* - (AS AN ALTERNATE TO ITEMS 4 THROUGH 4F) - NOMINAL 5/8 IN. THICK, 4 FT WIDE PANELS, APPLIED VERTICALLY AND SECURED AS DESCRIBED IN ITEM 4. SERIOUS MATERIALS INC - TYPES QUIETROCK ES, QUtETROCK 527, 4H, GYPSUM BOARD* - (AS AN ALTERNATE TO ITEM 4) - NOT TO B E USED WITH ITEM 6.5/8 IN, THICK, 4 FT. WIDE, PAPER SURFACED, APPLIED VERTICALLY AND SECURED AS DESCRIBED IN ITEM 4, CERTA[NTEED GYPSUM INC - TYPE 51LENTFX 5. MOLDED PLASTIC* - NOT SHOWN, OPTIONAL ~ 50LID VINYL SiDiNG MECHANICALLY SECURED OVER THE OUTER LAYBR TO FRAMJNG MEMBER5 IN ACCORDANCE WITH MANUFACTURER'S RECOMMENDED INSTALLATION DETAILS. ALSIDE~ DIV OF A550CIATED MATERIALS INC GENTEK BUILDING PRODUCTS LTD VYTEC CORP NEBRASKA PLASTICS B. STEEL PRAMING MEMBERS - (OPTIONAL, NOT SHOWN)* - FURRING CHANNELS AND RESILIENT SOUND JSO LATION CLIP AS DESCRIBED BELOW: A. FURRING CHANNELS - FORMED OF NO. 25 MSG GALV STEEL. 2-3/8 IN. WIDE BY 7/8 IN. DEEP, SPACED 24 IN. DC PERPENDICULAR TO STUDS. CHANNELS SECURED TO STUDS AS DESCRIBED IN ITEM B. ENDS OF ADJO~NING CHANNELS ARE OVERLAPPED 6 IN. AND T)ED TOGETHER WITH DOUBLE STRAND OF NO. 1R SWG GALV STEEL WIRE NEAR EACH END OF OVERLAp. AS AN ALTERNATE~ ENDS OF ADJOINING CHANNELS MAY BE OVERLAPPED B IN. AND SECURED TOGETHER WITH TWO SELF-TAPPING #B FRAMING SCREWS, MIN. 7/E6 IN. LONG AT THE MIDPOINT OF THE OVERLAP~ WITH ONE SCREW ON EACH FLANGE DF THE CHANNEL. WALLBOARD A~TACHED TO FURRING CHANNELS AS DESCRIBED IN ITEM B. STEEL FRAMING MEMBERS* - RESILIENT SOUND ISOLATION CLIP USED TO ATTACH FURRING CHANNELS (ITEM DA) TO STUDS. CLIPS 5PACED 48 IN. OC., AND SECURED TO STUD5 WITH NO. 8 X 2-L/2 IN. COARSE DRYWALL SCREW THROUGH THE CENTER GROMMET. FURRING CHANNELS ARE FRICTION FITTED INTO CLIPS. PAC INTERNATIONAL INC - TYPE RSIC-3.. 7. WALL AND PARTITION FACING5 AND ACCESSORIES* - {OPTIO NAL~ NOT SHOWN) - NOMINAL 3./2 IN. THICK~ 4 ~r WIDE PANELS, FOR OPTIONAL USE AS AN ADDITIONAL LAYER ON ONE OR BOTH SIDES OF THE ASSEMBLY. PANELS ATTACHED IN ACCORDANCE WITH MANUFACTURER'S RECOMMENDATIONS. WHEN THE OR-SRO PANEL IS INSTALLED BETWEEN THE WOOD FRAMING AND THE UL CLA~IRE D GYPSUM BOARD~ THE REQUIRED UL CLASSIFIED GYPSUM BOARD LAYER(S) IS/ARE TO BE INSTALLED AS INDICATED AS TO FASTENER TYPE AND SPACING, EXCEPT THAT THE REQUIRED FASTENER LENGTH 5HALL BE INCREASED BY A MINIMUM OF 2/2 IN, NOT EVALUATED OR INTENDED AS A 5U BST)TUTE FOR THE REQUIRED LAYERIS) OF UL CLASSIFIED GYPSUM BOARD. SERIOUS MATERIALS INC - TYPE QUIETROCK QR-510, 8. CEMENTITIOUS BACKER UNITS* - (OPTIONAL ITEM NOT SHOWN - FOR USE ON FACE OF 2 HR SYSTEMS WITH ALL STANDARD ITEM5 REQUIRED) - 2/2 IN. 5/8 IN./3/4 IN. OR 3. IN. THICK~ MIN. B2 IN. WIDE.-APPLIED VERTICALLY WITH VERTICAL JOINT5 CENTERED OVER STUDS. FACE LAYER FASTENED OVER GYPSUM BOARD TO STUDS AND RUNNER5 WITH CEMENT BOARD SCREWS OF ADEQUATE LENGTH TO PENETRATE STUD BY A MIMMUM DF B/B IN. FOR STEEL FRAMING MEMBERS, AND A MINIMUM OF 3/4 IN. FOR WOOD FRAMING MEMBER5 SPACED A MAX OF B IN, OC. NATIONAL GYPSUM CO - TYPE PERMABASE STORAGE CLOSET BEDROOM BATH STORAGE SITTING ROOM ri II STORAGE LIVING ROOM KITCHEN 2ND. FLOOR PLAN SCALE: 1/4"= 1'-0' 744.3 SQ, FT, ,Generated by REScheck-W .. .oftware Compliance Certificate Eeet~ ~ 2910 I~Lwe Y~k Enee~ Cane***atica Cmstmef~n Cede Lo~Xm: Surfak C~n~. Ne~ Ye~k ConskU~iDn Si~: Ovmer~Age~: Des~m~kac~r. B Caambg~'~: Frail 172 13.0 G,,D 14 SLOPE" 1/4" PER FOOT PITCH TO DRAIN TRAP PLUMBING SCHEMATIC MAP REVIEWED BY DATED ~TO APROVED SEPTIC SYSTEM M r, H phone: (631) 298-2250 michael@mchdesignservlces,corr FEB 9. ZOll/ BOARD OF APPEALS DRAWN BY: MH February 07, 2011 SCALE: 1/4" = 1'-0" SHEET NO: ARTMENTOF ~LANNING Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Leslie K. Weisman, Chair COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE January 11,2011 RECEIVED JAN 1 4 2011 BOARD OF APPEALS THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING Dear Ms. Weisman: Pursuant to the requirements of Sections Al4-14 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 impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicants Goggins, William C. and Donna M. Estate of Irene Rutkowski Price, Mary Ann Martocchia, Jerome and Sandra Municipal File Numbers #6444 #6445 #6447 #6449 Very truly yours, Thomas A. Isles Director of Plaiming Theodore R. Klein Senior Planner TRK:ds 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 FORM NO. 3 NOTICE OF DISAPPROVAL DATE: June 3, 2010 TO: William C. & Donna M. Goggins P.O. Box 65 Mattituck, NY 11952 Please take notice that your application for an "as built" accessory apartment in an existing accessory garage Location of property: 8755 New Suffolk Road, New Suffolk, NY County Tax Map No. 1000- Section 117 Block 1~0 Lot 14.1 Is retumed herewith and disapproved on the following grounds: The "as built" construction in an accessory garage is not allowed pursuant to Article III, Section 280-13(A)(1), which states "One family detached dwellings, not to exceed one dwelling on each lot." The accessory structure constitutes a second one family detached dwelling. *Note: Building Dept. records indicate a Certificate of Occupancy for a non-habitable unheated accessory garage with unfinished attic. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application may requke further review by the Southold Town Building Department. CC: file, Z.B.A. ZONING BOARD OF APPEALS TOWN OFSOUTHOLD, NEW YORK Phone(631)765-1809 (631)765-9064 APPLICATION FOR SPECIAL EXCEPTION ACCESSORY APARTMENT IN AN ACCESSORY BUILDING Application No. Date Filed: TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: Applicant(s), William C. Goggins and Donna M. Gog~ins RECEIVED DEC 0 $ Z011) BOARD OF APPEALS of Parcel Location: House No. 8755 Street New Suffolk Road Hamlet~ SCTM 1000Section 117 Block 10 Lot(s) 14.1 LotSize 1 AC Zone District R-40 hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE III ,SECTION 280 ,SUBSECTION 13 (A)(1) for the following uses and purposes (project description): Accessory Apartment in a detached garage. as shown on the attached survey and/or site plan drown to scale, and the attached floor plan(s) drawn to scale. A. Statement of Ownership and Interest: William C. Goggins and Donna M. Goggins is (are) the owner(s) of property known and referred toas 8755 New Suffolk Road, New Suffolk, New York * (House No., Street, Hamlet) identified on the Suffolk County Tax Maps as District 1000, Section 117 , Block 10 Lot 14.1 and shown on the attached deed. The above-described property was acquired by the owner on October 18, 2001 B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefore in said ordinance and would not be detrimental to property or persons in the neighborhood for the following remsons: There are several apartments on similar properties in the general area and the apartment is for use by the applicants parents. Also know as 1780 Jackson Street and 8755 Fifth Street RECE VED DEC 0 $ 2010 BOARD OF APPEALS C. In addition to meeting the standards prescribed by the zoning ordinance, the following requirements will be met: 1. The accessory apartment will be located in the accessory building. 2. The owner of the premises shall occupy either the existing single-family dwelling unit or the accessory apartment in the detached accessory structure as the owners' principal residence. The other dwelling unit shall be occupied by a family member or a resident who is currently on the Town of Southold Affordable Housing registr~ and is eligible for placement, evidenced by a written lease for a term of one or more years. 3. The accessory apartment shall contain not less than four hundred fifty (450) square feet of livable floor area. 4. The accessory apar~nent shall not exceed 750 sq. fi. of livable floor area of the accessory building and shall be located on one floor with only one full bathroom. 5. A minimum of three off-street (on-site) parking spaces shall be provided as shown on the attached survey and/or site plan drawn to scale. 6.Not more than one (1) accessory apartment shall be permitted on this parcel. 7. No Bed and Breakfast facilities, as authorized by Section 280-13(B)(14) hereof shall be permitted in or on premises for which an accessory apartment is authorized or exists. 8. The accessory apartment will meet the requirements of an apartment as defined in Section 280-4 of the Zoning Code. 9. This conversion shall be subject to a building permit, inspection by the Building Inspector and Renewal of Certificate of Occupancy annually. 10. The existing building which is converted to permit this accessory apartment has been in existence and has a valid Certificate of Occupancy issued prior to January 1, 2008, and is attached hereto. 11. The existing building, together with this accessory apartment, shall comply with all other requirements of Chapter 280 of the Town Code of the Town of Southold. 12. This conversion for the accessory apartment shall comply with all other rules and regulations of the New York State Construction Code and other applicable codes. The property which is the subject of this application is zoned R-40 and [X] has not changed since the issuance of the Certificate of Occupancy attached. [ ] has changed or received additional building permits and Certificates of Occupancy for these changes, which are attached or will be furnished. [ ] has been subject of a prior ZBA decision(s), copies are attached. Owner Signature GOGGINS COUNTY OF SUFFOLK) SS.: STATE OF NEW YORK) Sworn to before me this fl~ day of October (Notary Public) ,2010 ELAINE T. VILLANO Notary Public, State of New YoM~ No. 01V18029229, ~u?.o, lk County ~ lo _ ~../~ _p~X~ TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET ~' 7~ VILLAGE DIST. SUB. LOT FORMER OY HER _ N ,/~.~ ,,, E/~ ~r-¢~... ¢q4'r~¢_~3 .ii .',~/Jr-, S W TYPE OF BUILDING ,,,s~ ,~s. v,. ,^~ ~o,.,,,,,,. ~,,. ,,,,,,~. ,v,~.,. vc,,u, ,.,.~ ~D IMP. TOTAL ,,.'DATE REMARKS J"'6/d ///'~/¢/,,~, /~//~' g?'~¢, '" ' //o/~ ~/,~-~-.L//~5~z~ ~ '' ~ 7~o~ ~o,~ ~11~1~ ' ~ ~ ~ o ' ~ ,,,~ ,~,~ ,~l~,loz-Cz~b,~ N~ NORMALB~LOW ~BOVE $ ~ ~ ~ ~ i~r~ P~I' FA~ Acre Value Per Value Acre ~1~1~ ~ ~ Tillable 1 I ]2~ ]1~ BP~SS32~ ~,le 2 Till~bl~ 3 Wo0d[~nd Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD HOuse Plot DEPTH /~ ~ ~, Total DOCK ~. Bldg, :-xtension ~ ~xtens~on ~xtension >orch ; ~: !)orch Breezewoy ! ~arage Potio total COLOR TRIM orion Bosement Ext. Walls Place Roof Driveway Rool ,%//' Bath Floors Interior Finish Heat Rooms 1st Floor Rooms 2nd Floo~ KDin~tte LR. DR. [FIN. B, Bldg. Pension ' ~ension ~ension -ch -ch eezeway rage ~tio ,/ 2- !3/ ~oundotion Basement i Ext. Walls ;ire Place Type Roof ~R~reation Driveway Bath Floors Interior Finish Heat Rooms 1st Floor Rooms 2nd Floor FORMEt~ OWNLER J-'/ Nj O. ~_ [~1 S ~,~,~ E ACREAGE ,.~/, ' AGE BUILDING CONDITION NEW Farm 1 Tillable 2 Tillable 3 Woodland Swampland Brushland House Plot Tara I NORMAL Acre BELOW Value Per Acre ABOVE Value ~. Bldg. ~.~-& ~ J I ~'z~- Foundation I Bath ~tension ~ ~. ~ ~ Basement Fl~rs ~t~si'on ~ x Fire Place He~ ~, ~ ~ ~ ~ ~ Porch Attic Porch R~ms 1st Flor Jreezewa' Patio R~ms 2nd Flor =arage z~%~: '~ A~g~ ~ Driveway 117.-10-14.1 waterside 3/06 COLOR TRIM 1st 2nd Mxl~ld,~g'~" -X _.~:~c¢,C ~t/,,2Z: \~ )- Bath Dinette Extension ~xtension Patio Porch A.C. ~ ~ ~ G.~g. ...... 3~,f9~L_ C~ ._ _ C~ Pool ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD COUNTY OF SUFFOLK: STATE OF NEW YORK In the matter of the application of WILLIAM C. GOGGINS and DONNA M. GOGG1NS AFFIDAVIT SCTM NO. 1000-117.00-10.00-014.001 STATE OF NEW YORK ) )SS: COUNTY OF SUFFOLK) WILLIAM C. GOGGINS being duly sworn deposes and says: 1. i am one of the owners of the property located at 1780 Jackson Street, New Suffolk, New York a/k/a 8755 New Suffolk Road, New Suffolk, New York, a/k/a 8755 Fifth Street. New Suffolk, New York 2. George Gross and Eleanor Gross shall be residing at the apartment located above the garage at the aforesaid premises. They are the parents of my wife, Donna M. Goggins, and grandparents to our children. AM C. G'OG¢ Both sworn to before me this ~2c~F~day of December, 2010 Notary Public ELAINE T. VILLANO Notary Public, State of New York ~,~O 01V~q~'J~ ~Uffolk County C~,fiff,r,~ Aug. 9,o~r / TOWN OF SOUTHOLD BUILDIiNG DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL:'(631) 76~-1802 FAX: (631) 765-9502 SoutholdTown. NorthFork.net Examined ,20 Approved ,20 Disapproved a/c//P~ Expiration ,20___ 1 7 2010 BLDG. D£PT. TOWN OF SOOTHOLD ?~x~vu.t mo. IILDING PERMIT APPLICATIOI~ 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: Mall to: Phone: Building Inspector APPLICATION FOR BUILDING PERMIT INSTRUCTIONS Date May 17. 2010 ,X~ 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. e. 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 heroin described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (Signature of applicant or name, ifa corporation) P.O. Box 65 Mattituck, New York 11952 (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Owner Name of owner of premises William C, Goggins and Donna M. Goggins (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: ,17~0 Jackson Street a/k/a 8755 Fifth Street House Number Street New Suffolk Hamlet Block 10 Filed Map No. 14.1 County Tax Map No. 1000 Section 117 Subdivision Lot Lot State existing use and occupancy of premises a. Existing use and occupancy ~'wo famil b. Intended use and occupancy same as 3. Nature of work (check which applicable): New Building Repair Removal Demolition 4. Estimated Cost $8,000.00 Fee 5. If dwelling, number of dwelling units If garage, number of cars 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 Height Number of Stories Real' Dimensions of same structure with alterations or additions: Front Depth Height Number of Stories Rear 8. Dimensions of entire new construction: Front Height Number of Stories Rear .Depth 9. Size oflot: Front 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated R 40 12. Does proposed construction violate any zoning law, ordinance or regulation? YESxx NO__ 13. Will lot be re-graded? YES__ NOXX Will excess fill be removed from premises? YES__ NO xx 14. Names of Owner of premises same as above Address Name of Architect Address Name of Contractor Address Phone No. Phone No Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YESXxx NO * IF YES, SOUTHOLD TOWN' TRUSTEES & D.E.C. PERIvlITS MAY BE REQUIRED. b. Is this property within 300 feet ora tidal wetland? * YES__ NO__ * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. Existing Detached Garage with Certificate of Occupancy 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. N/A 18. Are there any covenants and restrictions with respect to this property? * YES__ NO xx · IF YES, PROVIDE A COPY. STATE OF NEW YORK) SS: COUNTY OF Suffolk) William C. Goggins being duly swom, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the Owner (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth/jrr~he application / / Sworn to before me this / / 17th ,/] dayofl//Y~y / / · 2010 Notary Ptfolic, State of New York No, 01PA5069978, Suffolk County Commission E'~ filed therewith. FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY NO: Z-34497 Date: 08/09/03 THIS CERTIFIES that the building NEW DWELLING Location of Property: 8755 NEW SUFFOLK kD (HOUSE NO.) County Tax Map No. 473889 Section 117 Subdivision NEW SUFFOLK (STREET) (~L%PrLET) Block 10 I~t 14.1 Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated JANUARY 29, 2010 pursuant to which Bui]~-g Permit No. 35323-Z dated JANUARY 29, 2010 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 ONE F~-MILY DWELLING WITH COVERED FRONT PORCH, RE~R DECK, BALCONY AND NON-HARITARLE THIRD FLOOR PER ZBA #5382, DATED 8/7/03. The certificate is issued to WILLIAM C & DONNA GOGGINS ( OWNER ) of the aforesaid building. SUFP~I~KCO~T~YDEPART~TOF}~%LTHAPPRO~-AL N/A ~.Rt-rKICAL CERTIFICATE NO. 133011C 04/01/10 ~ERS C~RTIFICATION DA'£~43 09/16/09 WILLIAM GREMLER Rev. 1/81 TOW~N OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. ~JOARD OF APPEALs CERTIFICATE OF OCCUPANCY No: Z-33577 Rte: 03/04/09 THIS CERTIFIES that the building ACCESSORY Location of Property: 8755 NEW SUFFOLK RD NEW SUFFOLK (HOUSE NO.) (STREET) (FLAMLET) County Tax ~p NO. 473889 Section 117 Block 10 Lot 14.1 Subdivision Filed Map NO. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated FEBRUANY 26, 2007 pursuant to w~ch Building Permit No. 32778-Z dated MARCH 6, 2007 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 ACCESSORY IN GROUND SWIMMING POOL WITH FENCE TO CODE AS APPLIED FOR. The certificate is issued to WILLIAM C & DONNA GOGGINS (OWNER) of the aforesaid building. ~uF~OI~ C~)DlqT"fDEPAR~TOF~F~%LTHI%ppRo%rsj~ N/A RLR~-r~ICAL ~/~TIFICA~ NO. 4023015 02/17/09 PLIERS CERTIFICATION DAT~U3 N/A ~rized Signature Rev. 1/81 FORM NO. 4 TOWN OF SOLVfHOLD BUILDING DE P~-RTF~NT Office of the Building Inspector Town Hall Southold, N.Y. BOARD OF APPEALs CERTIFICATE OF OCCUP~CY No: Z-29852 Date: 11/197/03 T~tIS c~TIFIES t~t the builc~ng ACCESSORY Locatio~ of Propez~y: 8755 NEW SUFFOLK ~ ~W SUFFOLK (KOUSE NO.) (STREET) (~LET) Cowry T~ ~p ~o. 473889 Bectlon 117 Block 10 ~t 14.1 $~wision Filed ~p Bo. __ ~t No. __ confo~s s~stantially to the Application for Building Pe~it heretofore filed in ~ office ~ted OCTOBER 20, 2002 p~su~t to w~ch Building Pe~t No. 28893-Z ~ted N0~ER 7, 2002 was issued, and confo~s to all of the requirements of the applicable provisions of the law. The occupancy for which ~his certificate is issued is NON-~IT~LE ~TED ACCESSORY ~GE WITM ~FINISHED ATTIC ~ APPLIED FOR. The certificate is issued to WILLIAM C & DONBA GfX~GINS {OWNER) of the aforesaid building. SLq~FOLK CO[IN~"/ DEPARTI~ENT OF BF~J~T~t ;%PPRO~-A~ lq/A ~.RC~RIU3kL CERTIFI~_A~ NO. 1132550 pI~B~ CERTIFICATION lO/O2/Oa Rev. 1/81 No Z-19607 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. PRE EXISTING CERTiFICATE OF OCCUPANCY Date DECEMBER 21{ 1990 DEC l) 6 2010 ~OARD OFAPPEALS THIS CERTIFIES that the building Location of. Property 8755 FIFTH STREET House No. County Tax Map No. 1000 Section 117 DWR. T.T,INGS NE~' Su~'~'OLK~ NEW YORK Street ~m!et Block 10 Lot 13 & 14 Subdivision Filed Map No. Lot No. conforms substantially to the requirements for a Private Dwelling built prior to: APRIL.9{ 1957 pursuant to which CERTIFICATE OF OCC. Z-19607 dated DECEMBER ~1~ 1990 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 TWO FAMILY DW~-L?.YNG (ON EAS~ SID~OF PROPERTY) AND ONE F;%NTLy 'sEASoNAL UwK,;LING (ON W~s~ SIDE 9F PRDPERTY} * The certificate is issued to GEORGE L3 HINSCH (owner) z of the aforesaid building. SUFFOLK' COUNTY' DEPARTMENT OF HEALTH APPROVAL UNDERWRITERS CERTIFICATE NO., N/A PLUMBERS CERTIFICATION DATED *PT.R~SE SEE~z~TACHED INSPECTION REPORTS. - Rev. Looation Subdivision Name of Owner(s). · BUILDING DEPART:.LENT TO'/~ OF SOUTHOLD, N. ¥. HOUSING CODE IHSPECTION REPORT Map No. .Lot(s), 'Occupancy {type) A~mitted by: VI~INIAHINSC~ Key ~vailable Accompanied by: CA~Z AUSTIN Suffolk Co. Tax NO.llT-lO-I& D','rELLI MC: ~ST SID~ Type of construction Foundation C~-r BLOCS[ Total rooms, 1st. F1 2 Bathroom(s) Porch, ~rype Breezeway Type Heat ~0~ Fireplac e(s) Domestic hotwat er Other #stories Cellar Crawl space 2nd. F1 3 3rd. F1 Toilet room(s) 2 Deck, type Patio, type Cm~m~ Garag~ ~tility room 'Warm Air .Hotwater No. Fz(its. I Alrcondit$onin~ ~ype heater ELECTRIC ~CCEESORY STRUCTURES: N~NE Garage, type const. Swi.-uning pool Other Storage, type const. Guest, type const. V~IOLATIONS: ~Location I Description 124~. I ' Remarks: Inspected C~ax,s w. -okxO}l [Time startg:~ end 10:30 CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, madeon the 19 day of ~ October, 2001 BETWEEN RECE/VED RICHARD W. GOODALE RESIDING AT 1780 JACKSON STREET NEW SUFFOLK, NY BOARD OF APPEALs party of the first part, and WILLIAM C. GOGGINS AND DONNA M. GOGGINS HIS WIFE BOTH RESIDING AT 1200 ALDRIC~ LANE parly of the second part, WITNE,~$ETH, that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, IJiece or parcel of land. with the buildiugs and improvements thereon erected, situate. lying and being in the see legal description attached hereto BEING AND INTENDED TO BE PART OF THE SAME PR~LISES C~TOTHEGRANTOR BY DEED MADE BY K~NETH J. MAHERANDELIZABETHM. MAHER HIS WIFE AND RECORDED 10-28-97 in liber 11859 cp 332 'I'O(';ETIII:iR x~ilh all right, lille and inleresh if ans..I Iht par ~ of the firsl part in and to an) streets ami r.ads abulllng the above desCribed premises to lhe'cenler lines thereof: TOGETIIER with the appu,'tcnanccs and all Hie c~late and rights of the partx of the firsl part in and to said premis~; TO ttAVE AND TO tlOLD AND tfie pa~ty .[ tfie first part covenants that the part) .t thc first pait has not dom, or sutTcred att}lhin~ whc.:ln ANI) Ihe party of the first part. in c.mldiam,e w~lh $~¥llnn IR of the Lien l.a,~. I ,,~t'llillliS tilat Ihe pall) (,f th,. fir'~t part will ~eceive the considerati,m for this cm~;c~ance ami Mil hohl the right to re~:eivc such eonsidcratlon as a trust fund to be apl;lled first for the purpose of pa.~qng the cost o[ the imp · rs, enlent and will ap tly the same first lo the payment of the cost of the improveme~ t before, u~ing any part of the total of the ~ame for any other purpo,w Tfie word "party" ~hall he construed as if it read "parties" whenever the sense of this indentm-e so requires. first aho,~e IN WITNESS WHEREOF, tile parlx iff tile first part fias ,fi,l~ executed this deed the day ~l.~yea · written. - __ RI( tRD/O. GOODAL~ ACKNOWLEDGMENT IN NEW YORK STAT~., IRPL 309-8) State of Ne,, York, Co.my or ()n[~ ~' ~ ~:/ before me, Ihe umlersigned, personally up.areal R~ ~. ~D~ ~rsonally known to me or proved to me on ~e b~is of safisfac- Io~ evidence ~o ~ the individual(s) whose n~le(s) is (~e) sub.rind to ~e wilhin inslmment and acknowledged to me tha~ be/shiley execmed ~c same in hi~er/~eir c~acity(ies), ACKNOWLEDGMENT BY SUBSCRIBING WITNESS(ESI State of CoDnty of ss.: On personally appeared before me, the undersigned, the subscribing witness(es) to the foregoing instrument, with whom I am personally acquainied, who, being by me duly sworn, did depose and say that he/she/they reside(s) in O/the and that by his/her/their signature(s) on the instrument, the indi- vidual(s), or the person upon behalf of which the individual(s) . if any, the~eoJI; acted, executed th.e.~instmment. /-, ~ / / RAREN d HAGEN ( / / ~ / No. (s,gnature and qff&'e~individual tal[iag~aC'know/edgt~ent) C~ualified in Suffolk Count, t;ommt~sion Expires March 21.20 '-~ n ~ that he/she/they know(s) CKNOWLEm:~MEm' otrrmo£ N~n ¥OnK STATE InPL State of CoDnty of ss.: On Personally appeared before me, the undersigned. personally known to me or proved to me o'n the basis of satis- factory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument ant! acknowledged to me that he/she/they executed the same in his/her/their capacity((es), and that by his/her/their signa~3re(s) on the instrument, the indi- vidual(s), or the person upon behalf of which the individual(s) acted, executed the instrument, and that such individual made such appearance before the undersigned in (insert city or political subdivision and state or county or other idace ackno~l edgment take(ti Lsigtmture and office of individual taking acknowledgment) RECE/VED DEC 0 6 2010 BOARD OF APPEALS to be the individual(s) described in and who executed the fore- going instrument; that said subscribing witness(es) was (were) present and saw said execute lite same; anti that said witness(es) at the same time subscribed his/her/their name(s) as a witness(es) thereto. ( [~] if taker( outside New York State insert city or politics I sidnlivision ami state or ~ttntry or other phwe acknowledgment taken And that said subscribing witness(es) made such appearance before the undersigned in .) TIVLe No. SECTION BLOCK LOT COUNTY OR TOWN TO RETURN BY MAIL TO: Zip No. ,il SCll EDu LE A- I (Description) ~lO~,l~D O~: ~,~,tn:~,l.$ ~,CEL I: · thai certaiu plot, piece or parcel of land, situate, lyiug and being in the Village of New Sut]blk, 'l'o~sn of Soathold. nty of Suffolk and State 0fNew York, bouuded and described as Ibllows: ]INNING at a point oil the easterly side of Fifth Street distant 300.00 feet South of the intersectloa of the easterly side ifth Street with the southerly side of Jackson Street; qNING THENCE easterly along tile southerly boundary of land no~v or formerly of R.J. Mailer, South 83 degrees 48 utes 00 seconds East, 75 fi:et to lands now or formerly of Goodale; ~NCE along last mentioned land, Soulh 06 degrees 44 mhmtes 00 seconds West, 173.00 feet lo the high v, ater mink of Bay aud a tie litle to Fifth Street: iNCE along said lie liue, North 85 degrees 19 minutes 20 seconds West, 75.05 feet to tile easterly side o£ Fillh Street; iNCE along the easterly side of Fifth Street, Norlh 06 degrees 44 minutes 00 seconds East, 175.00 feel to Ibe point or e of BEGINNING. APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Lydia A. Tortora Vincent Orlando James Dinizio, Jr. http://soulholdtown.north fork.net Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Tel. (631) 765-1809 Fax (631 ) 765-9064 RECEIVED BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS~ DELIBERATIONS AND DECISION MEETING OF NOVEMBER 4, 2004 Appl. No. 560t - WILLIAM and DONNA GOGGINS Property Location: 1780 Jackson and Fifth Streets, New Suffolk; Parcel 117-10-14.1 SE__.~.~_~ETERMINATION: The Zoning Board of AppeaM 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 an adverse effect on the environment If the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 41,206 sq. ft. parcel is improved with a two-story wood frame dwelling, garage (under construction) and swimming pool (under construction), as shown on the survey prepared by Stanley J. Isaksen, Jr. dated October 21, 2002. The property combined the parcels as CTM 14.1, previously shown as 13 and 14 on the Suffolk County Tax Map to form a single lot. (For the record it is noted that the former Accessory Bed and Breakfast was removed and is no longer in effect.) BASIS OF APPLICATION: This application Is based on the Building Department's August 30, 2004 Notice of Disapproval concerning additions with alterations to the existing dwelling. 15 2004 FINDINGS OF FACT The Zoning Board of Appeals held a public hearing On this application on October 21, 2004 at which time written and oral evidence was presented. Based upon all testimony, documentation, personal inspection of the property and the area, and other evidence, the Zoning Board finds the following facts to be true and relevant. RELIEF R~: Applicants request variances under Zoning Code Sections 100-30A.3 Bulk Schedule and 100-242A, concerning a building permit application for addiflonsl alterations, as built, to applicant's home. The permit was denied by the Building Department for the following reasons: (1) the dwelling Is nonconforming with a 5.9 ff. front yard setback and the addition will maintain that setback, constituting an increase in the degree of nonconformance of the code required 50 ft. front yard setback, and (2) the code limits a dwelling to 2Va stories, and the construction constitutes a third story. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted, and personal inspections, the Board makes the following findings: 1. Grant of the variance will not produce an undesirable change in the neighborhood or a detriment to nearby properties. The applicants' home was built about 50 years ago. The restoration of the home commenced in or about September 2003, after issuance of a building permit (29726Z) for construction of a covered porch and roof repair. During restoration, structural problems were found, and based on the advice of the engineer, additional work Page 2 - November 4, 21~r Appl. No. 5601 - W. and O. Goggins 117-10-14.1 at New Suffolk was necessary for structural supports. In the restoration, work was undertaken to modify the height of the ceiling in the attic. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue. During the ~ast couple of years, similar third story variance relief has been considered. The relief requested is for a modified ceiling/attic roof area, and the proposed restoration Inctudsd the existing third floor. The applicants in this request indicated that they are not planning to use the upper third level for habitable or living area. 3. The variance is not substantial. A third-story living or habitable area does not exist and will not be created. The requested increase of nonconformance is related to tho a third level, above 2-112 story height, and not the code restricted 35 ft. maximum building height. The roof addition is within the footprint of the building, maintaining the same setback without creating any new nonconformance in height or setbacks. 4. No evidence was submitted during the hearing or in the written record to indicate that this variance will have an adverse impact on the neighborhood or district. 5. Grant of the variance is the minimum action necessary and adequate to enable applicants to enjoy the benefit of an addition, while preserving and protecting the character of the neighborhood and the health, safety, and welfare of the community. BOARD RESOLUTION: in considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Dinizlo, seconded by Chairwoman Oliva, and duly carried, to GRANT the variance as applied for and described in the applicant's Auaust 18, 2004 architectural dia;Irams, SUBJECT TO THE FOLLOWING CONDITIONS: 1. The third-story shall be non-habitable space, 2. The Board reserves the right to inspect in the future. 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. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer Tortora, Orlando, and Dinizio. This Resolution was duly adop.~;~(5-0). -. Ruth D. Oliva 11112/04 Approved for Filing JA Ct<5©N S TA~EE 1 N/£ CROUCH N N 8~' 48' ZONE X ZONE X FLOOD 76.01 N/F 48' 00" W CREA T PECONIC BAY TANLEY ~ iqAKSEN driveway and other landscaping features. Lydio A. Tortora, Chairwoman Gerard P. Goehfinger George I-Ioming Ruth D. Otiva V~meent Orlando 53095 Mai~ Road P.O. Box 1179 Southold, New York 11971-0959 ZBA F~ (631)~g65-90~ Telephone (63~}.7~5-1809 h~p//~old~rk.~t BO~D OF ~PE~S TO~ OF SOU~OLD FINDINGS, DELIBE~TIONS AND DETERMINATION Appl. No. 53~- W am and Donne Goq~[ns PrOpe~ lo~tion: 1780 Ja~son Street and 8755 New Suffolk Roa~, N~ Parcel ~17-10-14.1 (13 and 14 comb~ed es one lot). .SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under cons dei~ation in this ~ppliCati0n and determines that this review falls under the Type~ II category of the State s List' of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY,.F~C. rTS/DESCRIPTION: The applicant's 41,206 sq. ft. parcel IS .improv~cl with a two-story 'good frame' dwelling, garage (under construction) and swimming popl (un. der co~strL~c~ion), as shown on the survey prepared by Stanley. J. Isaksen, Jr. dated October 2'1 2002.: The property consists of two formerly identified County Tax Map Nbs. 13 and '14. which are now combined to form a single lot, identified on the County Tax Maps as Lot 14.1. For the record it is noted that ~he former Accessory Bed and Breakfast was removed and is no longer in effect for the existing single-family dwelling. BASIS OF APPLICATION: Building Department's May 3, 2003 Notice of Disapproval, amended May 16, 2003. citing Section 100-30A.3 in its denial of a building permit to construct an addition and roof repairs to the existing dwelling with a single side yard at ~ess than 15 feet and less than 35 feet for a combined side yard total. The applicant voluntarily merged former County Parcel Nos. 13 and 13 and removed the Acoesso~y Bed and'Breakfast Use. Formerly the northerly setback was a side yard, before the parcels merged. Currently, both yards meet the definitions of the Zoning Code as front yards as fronting along mapped streets {Jackson Street to the north and Fifth Street to the west). FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on July 24, at which time written and oral evidence were presented. Based upon all testimony, documentatiori, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Applicant wishes to redesign and reconslru~t the existing open porch facing Jackson Street, with alterations to the existing dwelling, as shown on the plot plan and construction diagram prepared by Donald G. Feile)', l~age 2 - August 7, 2003 Appl. No. 5382 - W. and D. G0ggins 117.~10-14.1 at New Suffolk Architect dated 5/6/2003. The setbacks of the dwelling are 5,9 feet and 9 ff. from the west property line along Fifth Street, at its closeSt points, ~REASONS FOR BOARD ACTION: On the basis of testimDqy presented, materials ~:su~itted ~hd. persoBaJ inspections the Board makeS'the following findings: undesirable change in the character or a detdm~ent to nearby properties. Applicants propose the along '~ith revel+Se gable roof, , Donald G. Feller, R.A. After physical e dwelling: is a .renovated 70- year old structure which Side of the hpm.e., The t~roposed new a 9% setback;from th~ [bt lip. e facir~g Fifth street. i height and'-~ai~ns the s~ setbac~k as ' are ne~e~adj' and ~ill create rio 2. :The benefit-so~ght ~3y,~he .a?. pllcant cannot be achieved by some method, feasible for tl~e~ap'~,ti.c:a~ t~ I~ff~ ~h'er than an area var ance The dwell ng 'has. existed for moi:e t ~1~ 5t~¥ ~e~.~ s in:[t~ no~c~.,~ormlng location and the reconstruction is needed for repairs arl~ul:!~lrad{~, The ne~ C~nsttuction is in-place, in-kind renovation of the porches and c0~stra~ohiof aitetnalJv~ roof design, for which a vadance is needed to complete. 3. '[h~e ret e~ regues~ed is substantial because the code requires a minimum 50 ff. fropt antd~!~Be mtl~f i~'~o~, a 91'fb .s, etbac~: from the lot line facing the area noted as Fifth Street. Al~:,6(~ ~ l~{~s~ 'h~s .e~sted in. the. present loCation fo~ over 70 years, the variance wl~Aulhbd~ a reduCti(~n 6~ 41 feet-from the setback requirement. 4. Thi~ d~ft3cuJlty wa~.,.seff-creat~d i~t th{~t this area could have been addressed i~ 1999- 2000, alu;ring the.,~a.~o[ reno~Jations 'tha'~ took place when the applicant took title. 5. No eddance has been submitted to suggest that the relief granted herein will have an adverse impact, on the~ physiCal or environmental conditions in the neighborhood, The construction is tandward of the existing dwelling and does not affect the adjacent wa-~e[rfront areas. 6. Gra~ of the'alternative relief is the rninimu~ action necessary and adequate to enablt~ the applicant to enjoy the benefit of a new, porch addition with alterations, while prese;'vil3g a~n~ ~rotect!ng the character of.the neighborhood and the health, safety and weffare 0f the cornmumty. Page 3 - AUgUSt 7, 2003 Appl. No. §382-W. and D. GO§gins 117.-10.14.1 at New Suffolk 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 Goehdngerr seconded by Chairwoman Tortora, and duly carried, to GRANT the variance as applied for, as shown on the May 6, 2003 plan prepared by Donald G. Feller, R.A. Th s action, does not authorize or condone any curren:t or future use, setback or other feature,of bhe, Su~Ject.pro~erty that may violate ~he Zoning Code. other than such uses, setbacks and:other features as. am expressly a/dressed in this action. Vote of the Board: Ayes: Merl-lbers Tort~r/_(C~. jr~ma~),,~Goeh~ger, Odando, and Oliva. (Absentwas Membe, Homing.) T~ Re.~_J~ ~1~bly a~opted (4-0). Vir~ht redan, CT~'irrn~n Pm Tern 9~4~03 Approved for Filing FORM NO. 3 ; TOWN OF SOUTHOLD BUILDING DEPARTMENT ,'~ ~-~ ~"~'") SOUTHOLD, N.Y. ~ / /- NOTICE OF DISAPPROVAL ~ e.~u~ DATE: May 3, 2003 AM~ENDED: May 16, 2003 AMENDED: September 3, 2003 TO: William Gog~ns 8755 N~w S~f01k Road New Suffolk, NY 11956 Please take notice tha~ your application dated Ma,/3, 2003. For permit for comstmctigr~ of a porch,addition and second story addition (roof repair) at Location of property: 8755 New Suffolk Road, New Suffolk, NY County Tax Map No. 1000 - Section 117 Block 10 Lot 14.1 Is returned herewith and disapproved on the following grounds: The proposed construction, on tiffs confonuing 41,205 square foot lot in the Residential R-40 District, is not permitted pursuant to Article IliA, 100-30A.3, which states, "No building or premises shall be used and no building or part thereof shall be erected or altered in the Low-DensiW Residential R-40 District unless the same conforms to the requirements of the Bulk Schedule and of the Parking Schedule, with the same force and effect as if such regulations were set forth hereinin full." Bulk schedule requires a front `/ard setback of 50 feet. Tke existing single f~mil¥ dwelling has a front yard setback of 5.9 feet. The proposed addition will have a front 5rard setback of 9. In addition, the second story repairs, along with the addition of reversed gables, will maintain the existing front yard setback of 5.9 feet. Total lot coverage, following the proposed construction, will be less than 20 percent. This permit was amended on May 16~ 2003~ to include additional work proposed by the applicant. _ ~..~- ~--~/.' ~ This permit was amended on September 3, 2O0t~ to corr~ ..... 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 December 22, 2010 Zoning Appeal No. 6444 Transmitted herewith is Zoning Appeals No. 6444 of William C & Donna M. Goggins- the Application to the Southold Town Zoning Board of Appeals for Special Exception Accessory Apartment in an Accessory Building. Also enclosed is a Cover Letter from William C. Goggins Dated December 6, 2010, Copy of Certificate of Occupancy No. #Z-34497 for One Family Dwelling with Non-Habitable Third Floor Dated August 9, 2010, Copy of Certificate of Occupancy No. #Z-33577 for Accessory In Ground Swimming Pool Dated March 4, 2009, Copy of Certificate of Occupancy No #Z-29852 for Non-Habitable Unheated Garage with Unfinished Attic Dated November 19, 2003, Pre Existing Certificate of Occupancy No. Z-19607 for Two Family Dwelling (East Side) and One Family Seasonal Dwelling (West Side) Dated December 21, 1990, Copy of Deed Between Richard W. Goodale and William C. and Donna M. Googins Dated October 19, 2001, Three Pages of Findings and Deliberations No. 5601 for the Construction of the Third Story on the House Dated November 4, 2004, 3 Pages of Findings & Deliberations No. 5382 for Redesign and Reconstruction of Existing Open Porch Dated August 7, 2003, Notice of Disapproval from Building Department Amended September 3, 2003 for Construction of Porch Addition And Second Story Addition (Roof Repairs), Copy of Survey of Property as it Exists Dated September 2004 Prepared by Stanley J. Isaksen, Jr., Land Surveyor, Floor Plans of Apartment Dated December 2, 2010. ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 12-21-10 ZBA # NAME OF APPLICANT CHECK # AMOUNT TC DATE STAMP # 6444 William C. Goggins 1871 $400.00 R£C£IYED h,, 21on~ $~~uthold Tow~ Clcri TOTAL $400.00 Sent via Inter-Office to Town Clerk by: Thank you. ES oTown of Southold P.O Box 1179 Southold, NY 11971 Date: 12/21/10 * * * RECEIPT * * * Receipt'8: 95209 Transaction(s): 1 1 Application Fees Reference Subtotal 6444 $400.00 Cash#: 1871 Total Paid: $400.00 Name: Clerk ID: Goggins, William Main Road P O Box 65 Mattituck, NY 11952 CAROLH Internal ID: 6444 Office Location: Town Annex/First Floor, Capital One Bank 54,375 Main Road (at Youngs Avenue) Southold, NY 11971 M~adin~ 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 December '2.~,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 XtV of the Suffolk County Administrative Code: Owner/Applicant: GOGGINS, William C. and Donna M. ZBA File # 6444 Action Requested: Within 500 feet of: Accessory apartment in accessory garage. ) State or County Road ~) Waterway (Bay, Sound, or Estuary) ) Boundary of Existing or Proposed County, State, Federal land. ) Boundary of Agricultural District ) Boundary o.f,any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Lesl'~.,Weisman" By: ~jf~lA~/ ' ~ BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · 1~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 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, FEBRUARY 3, 2011 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, FEBRUARY 3~ 2011: 9:50AM - WILLIAM C. GOGGINS and DONNA M. GOGGINS #6444 - Applicant requests a Special Exception under Article III, Section 280-13B(13). The Applicant is the owner requesting authorization to establish an Accessory Apartment in an accessory structure at; 8755 New Suffolk Road (Fifth Street)(adj. to Great Peconic Bay) New Suffolk, NY SCTM#1000-117-10-14.1. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by emaih Vic ki.Tot h(~,Town. So uthold.n¥, us. Dated: January 10, 2011 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net January 7, 2011 Re: Town Code Chapter 55 -Public Notices for Thursday,February 3, 2011 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 January 17th: 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 all 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 Southold Town Assessors' Office, 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 mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible; AND not later than January 24th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along 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 January 26th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not 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 supplied for posting on both front yards. Please deliver or mail your Affidavit of Postin,q for receipt by our office before February 1, 2011. 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. ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD t' COUNTY OF SUFFOLK: STATE OF NEW YORK RECE1VED In the matter of the application of WILLIAM C. GOGGINS, SCTM NO. 1000-117.00-10.00-014.001 FEB I ; MAILINGS OF APPEALS STATE OF NEW YORK ) )SS: COUNTY OF SUFFOLK) DONNA M. PALMER, residing at New Suffolk, New York, being duly sworn deposes and says: 1. On January 19, 2011, I personally mailed at the United States Post Office located at Love Lane, Mattituck, New York, by certified mail, return receipt requested, a true copy of the attached Legal Notice, cover letter and survey attached hereto at Exhibit A. 2. Notice was sent to the current owners shown on the current assessment roll verified from the official records on file at the Southold Town Office of the Board of Assessors for every property which abuts and is across a public and private street, or vehicular right of way of record surrounding the applicants property. List of people served, postal receipts and return cards are attached as Exhibit B. /'~ /~ Swo~n to before me this 1%t~ay of Jln'nmlW, 2011 Notary Public ELAINE Notary Public. No. Commission Ex~,,, January l7,2011 GOGGINS & PALUI ATTORNEYS AND COUNSEl P.O. Box 65 13235 Main Road Mattituck, New York Phone: (631) 2984200 Fax: (631) 2984214 Re- 1780 Jackson Street, New Suffolk, New SCTM No. 1000-117.00-10.00-014.001 Dear: 1) 1000-117.00-10.00-017.000 Raymond Crouch and Wife P.O. Box 275 New Suffolk, New York 11956 2) 1000-117.00-10.00-016.000 Cornelia P. Rogers Lucille Goodman P.O. Box 616 New Suffolk, New York 11956 3) 1000-117.00-10.00-015.000 Patricia Gilchrist-Mancino 401 Hollywood Avenue Yonkers, New York 10707 4) 1000-117.00-10.00-012.002 Elizab~hM. Lyons 335 38thRoad Douglaston, NewYork 11363 5) 1000-117.00-10.00-023.000 Gregory G. Gehring 482 Bedell Street Baldwin, New York 11510 6) 1000-117.00-09.00-012.000 Thomas McKenzie v,' 8036 Cornish Avenue Elmhurst, New York 11373 )RS AT LAW ;2 WILLIAM C. GOGGINS, ESQ. ANTHONY H. PALUMBO, ESQ. fork; Willianill~.C~g.~l~SCH, ESQ. DONALD A. MATES, ESQ. Of Counsel DONNA M. PALMER Paralegal 7) 1000-117.00-09.00-014.000 Barbara Butterworth and Michael E. Gill, as Trustees P.O. Box 60057 Palo Alto, California 94306 Enclosed please find a Notice for a special exce If you have any questions regarding the applica' contact me. WCG\ enclosures tion. on, p your: ~ase do not hesitate to ~F"f~i*~ ) A L U S E $ $0.~4 $2.~0 $2.30 $0.00 $ $5.54 Here USE P~age $0.~ Certilied Fee $2.~0 ' $2,~ d ~ ' ~.~ $ $5.~ ~11 ................ ;;%-;,,;.~-..B-~-~¢;¢.=.~.....,..~ _.,.{ .' Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees ~3~l~otoC ! A L $2.~ 0 stmark $2.30 (~:-( Here ss.~ o , ./ 0 Cemr~d Fee $2.~0 ~/0~ ' C3 · Complete items 1, 2. ~ $. Also complete item 4 If Restricted E~llvery i6 deMmd. Yes r-I Certified Mall [] Express Mail D Registered [] Return Receipt for Merchandise · Complete items 1, 2, and 3. Also complete A. Signature item 4 if Restrieted Delivery is desired. ,.~~ ~,~ []Agent · Print your name and address on the reverse X "~cldressee · Attach[this card to the back of the mailplane, Neme)t ' I C. D~te of D/~livery or on tie front If space permits. . 1. Article ~ldresced to: D. lad~llve~ad~ressdlfferentfmmiteml? [] Yes pleto ~ ~, 2, and ~. Al~ compl~ R~ 4 ~ R~d~ ~lve~ is d~. ~ ~ D ~em I I Print your name and address on the mveme ~ ~ ~ Ad~=~; J ~ ~at we can ~um the ca~ to you. a AfreSh this ~ to the back of the mailpi~e, ~ N~) C. Date ~ ~liv~ [ or ~ the front if space permEs. 1. ~i~le~d~ to: D Yes r ~ No S~evea Bosco 5275 ~ew Suffolk Avenue ~ ~ Ra~kt~uck~ N~ 11952 · Complete items 1, 2, and 3. Also complete = item 4 if Restricted Delivery is desired. · Print ~,our name and address on the reverse so th{~t wa can return tha card to you. · Attadh this card to the back of the mailpiece, or o~lthe front If space permits. 1. Article Addressed to: X ~'i ''1'/ [] Agent 3. Service Type [] Certif~d Mail [] Express Mail [] Registered [] Retum Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted DeliveiT? (Extra Fee) [] Yes 2. Article Number 7010 1060 DODO (Transfer from service label) Ps Form 3811, February 2004 Domestic Return Receipt 4120 1485 102595-02-M-1540 GOGGINS & PALUMBO ATTORNEYS AND COUNSELORS AT LAPV P.O. Box 65 Mattituck, New York 11952 7010 1060 0000 4119 8112 ELIZABETH M. LYONS 335 38th Road Douglaston, New York lOOO U.S. POSTAGE PAID MRTTITUCK.NY AMOUNT $5 54 11363 GOGGINS & PALUMBO ATTORNEYS AND COLINSEL©RS AT LAW P.O. Box 65 Mattituck, New York 11952 PRID MATTITUCK.NY 952 AMOUNT 7010 1060 0000 4119 8129 ii~lO$~40i C004 Gregory G. Gehring 482 Bedell Street Baldwin, New York 11510 6.H,,,llhh.hh,,hllh,,JJ,.JJ~ih,,hl,16.1 ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD COUNTY OF SUFFOLK: STATE OF NEW YORK In the matter of the application of William C. Goggins 1000-117.00-10.00-014.001 RECEIVED, ~ FEB 1 2011 BOARD OF APPEALS AFFIDAVIT OF SIGN POSTING STATE OF NEW YORK ) )SS: COUNTY OF SUFFOLK) William C. Goggins being duly sworn deposes and says: 1. On the January 19, 2011, I personally placed the Town's official Poster, with the date of hearing and nature of my application noted thereon, securely upon the applicants' property, located ten (10) feet or closer from Jackson Street facing the street, and another facing Fifth Street; and 2. I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be February 3, 2011. ~ ~~ William C. G;ggin~(/~ Sworn to before me this }~iay of~marro~yJ 2011 Notary Public ELAINE T. VlLLANO Notary Public, State of New Yo~ No. 01VIB029229, Suffolk County Commis~;ion Expires AUdi 9, ~-~ t-'D NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: GOGGINS, WILLIAM # 6444 SCTM #: 1000-117-10-14.1 VARIANCE: SPECIAL EXPECTION REQUEST: ACCY. APARTMENT IN ACCY. BLDG. DATE: THURS. FEB. 3, 2011 9:50 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business 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 20th day of January, 2011. · 'Principal Clerk Sworn to before me this LEGAL NOTICE SOUTHOLD TOV~N ZONING BOARD OF APPEALS THURSDAY FEBRUARY 3, 2011 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pm- sua nt to Section 267 of the Town Law and Town Code Chapter 280 (Zoning)~Town of Southol& the following public hear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall 53095 Main Road, EO. Box 1179~ Southo]d, New York 11971-0959, on THURSDAY FEB- RUARY 3. 2011: 9.30 A.M.- MARY ANN PRICE #6447 - Request for Special Exception under Chapter 280-45B(8). Owner re- quests authorization to operate a flea market at: 730 Love Lane Mattituck~ NY. 8755 New Suffolk Road (Fifth Street) (adj. to Great Peconic Bay} New Suffolk. 10:10 A.M.- IRENE RUTKOWSKI Waiver under Code Article II, Section 280-10A, to unmerge land identified as SCTM #/(g)0-1t5-2-13, based on the day of bulk schedule (minimum 40.0(10 square feet in this R-40 Residential Zone Dis- nict) this lot is merged with lot 12 to the west, at: 18525 and 18375 Route 25 Mattituck, NY. SCTMgl00O-II5-2-13 and 12. 1~0:30 A.M.- JEFF ANDRADE g6435 - (adj. from 1/6/llPH)Request for Vari- ance from Code Section 280-13 and 280- t5 and the Building Inspector's Septem- ber 29,2010 Notice of Disapproval based on an application for building permit to construction an accessory structure 1) proposed building is not accessory to existing structure, 2) accessory structure exceeding the maximum 750 sq. ft. al- lowed per code; at: 43850 Main Rd. (SR 25), Peconic, NY. SCTM#1000-75-6-4. 10'30 A.M.- NANCY D. ARNZEN plicant requests a Special Exception under Article Ill, Section 280-13B(13). The Applicant is the owner requesting authorization to establish an Accessory Apartment in an accessory structure at: 145 Wavecrest Lane, Mattituck, NY. SCTM#1000-100-1-12. 11:15 A.M.- JOHN and DANIELLA VENETIS 06313 - (Re-opened by Res- olution to clarify the record) Requests for variances under Sect. 280-116(B) and 124, based on the Builcfing Inspector's August 17, 2009 Notice of Disapprova[ concerning an application for demolition and a building permit for a new single family dwelling at: l) less than the code required minimum setback of 75 feet from a bulkhead, 2) less than the code required front and rear yard setback of 35 feel 3) less than the code required combined side yards of 25 feet. 4) more than the code required 20% lot coverage (binldable area), 5) 280-a access, at: 2600 Takaposha Road, (adj. to Corey ffarbor) Southold: CTM 1000-87-6-4, ll:lS A.M.- JOHN and DANIELLA VENETIS g6396 - (Re-Opened by Res- olution to clarify the record) Requests for Variances under Sections 280-116-B and 280-124. based on the Building In- spector's April 20, 2010 Notice of Disap- proval concerning an application for re- construction and second floor addition, which new construction will be: 1) less than the code-required minimum of 75 feet from the bulkhead. 2) less than 35 CHRIST~A VOLINSKI NOTARY PUBlIC-STArE OF NEW YOR~ No. 01-VO6105050 Qualified f~ Suffolk County 25 feet for both (combin~) minimum side yard setback~ 5) exceeds the code age (building area). Location of Prop, , ty: 26~ Takaposha Road, (adj. to ~rcy ~ - (Re-opened from 10/21/10PH) Request for Varinn~ from Code Sections 280-13 and ~0-14, based on an application for building pemit to lng building, and the Building Inspec- toffs March 10, 2010~ Notice of Disap prior meetings and pending additional Adjourned from Public Hearing Jan BARBARA CAVALLO ~ ~e Board of Appeal~ wtil hear ali lng to be heard at each hea~ng, and/or review during regular business hours office at (631) 765-18~, or by emaih Dated: Janua~ 10, 201t PERSON 54375 Main Road (Office ~fion) 5~5 M~n Road (M~Iin~SPS) BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider http://southoldtown.nort~fork.net ZONING BOARD OF APPEALS TOWN OF $OUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 February 17,2011 William Goggins P.O. Box 65 Mattituck, NY 11952 Re: Special Exception #6444 - Goggins Dear Mr. Goggins: Transmitted for your records is a copy of the Board's February 16, 2011 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above application for a Special Exception. Before commencing any activities, a building permit approval is necessary. Please be sure to submit a copy of this determination to the Building Department. If you have any questions, please call the office. Vicki Toth Encl. Cc: Building JACKSON STREET S 83'48'0( ~ 00.1 O' 10.1' AROUND POOL 83'48'00"W 24.85' 54.4 WOOD FRAME RESIDENCE UNDER CONST. EL 12 EL 10 FMRLY GOODALE ~ 84'21'48"W 75.01' GlqEAT PECONIC BAY NEW SURVEY OF DESCRIBED PROPERTY SITUATE SUFFOLK, TOWN OF SOUTHO£D SUFFOLK COUNTY, N.Y. SURVEYED FOR: WILLIAM C. GOGGINS DONNA M. GOGGINS TM# 1000-177-10-14.1 GUARANTEED TO: WILLIAM C. GOGGINS DONNA M. GOGGINS COMMONWEALTH LAND TITLE /NS. CO NOTE: FLOOD ZONE x FO[? BOTH PARCELS EXCEPT AS SHOWN FLOOD ZONE MAP //*$6103C050~ G, DATED MAY 4. 7998. ~E~EWED 3OARD OF APPEALS SURVEYED: 21 OCTOBER 2002 UPDATED: 1 SEPTEMBER 2004 SCALE 1"= 40' AREA = 41,205 S.F. OR 0.945 ACRES SURVEYED BY STANLEY J. ISAKSEN, JR. P.O. 13OX 294 NEW SUFFzOLK. N.Y. 11956 631-734//-5835. LtNE cUTCHOGUE HARBOR llZb _ io- i/~- lO-/fi' I I :7- ~ /o - /U I/q' - to- p£CONIC NOTICE ~ COUNTY OF SUFFOLK (~) ~ ~ ,o.,~, SOUTHOLD ,L.,A'.~'~ ~" I~ Real Property Tax Service Agenc~ ] ~[ .~ [ ,,, (~ ~ SECTION NO PROPERLY