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Home My WebLink About1000-122.-4-14 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Leslie Weisman, Chair Town of Southold Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date: June 21,2010 Re.' JOSEPH F. GONZALES #6384. Location: 2700 Ole Jule Lane Mattituck, NY SCTM# 1000-122-4-14 11:30 A.M. JOSEPH F. GONZALES #6384. Request for Variances from Code Section 280- 116 based on an application for building permit and the Building Inspector's Amended December 10, 2009, Updated March 9, 2010, Notice of Disapproval concerning "as built" rear deck and existing sheds, at less than the code required setback from a bulkhead of 75 feet at; 2700 Ole Jule Lane Mattituck, NY. SCTM#1000-122-4-14. (adj. to James Creek) The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP provided Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Jennifer Andaloro, Assistant Town Attorney Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road EO. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 March 22, 2009 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBAFileRef. No.#6384, GONZALES, JosephF. ~ ~ ~c,x ~3'~5 Dear Mark: ~ We have received an applicat~ for "as built" deck and accessory sheds with setbacks from bulkhead at approximately~19'+/- and 35'+/-. A copy of the Building Inspector's Notice of Disapproval under Ch'~pter 280 (Zoning Code), and survey map, project description form, are attached for y0~r reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268~-5D is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie(K~. ~isman/ Chair~ By: ~ ~ Encls. TOm4 OF NOTIC~ COUNTY OF SUFFOLK Proper'by TQx Servke SOUTHOLD 122 / NO. NOTICE OF DISAPPROVAL Amended: 12/10/09 ,Updated: March 9, 2010 TO: Joseph F. Gonmdes 2700 Ole Sule Lane Mattituck, NY 11952 Please take notice that your application dated DeCember 30, 2008, For pem~t for "a~ built" rear deck and existing sheds at: Location of property:. 2700 Ole Sule Lane Mattituck County Tax Map No. 1000- Section 122 Block4_ Lot 14_ Is returned herewith and disapproved on.the, following grounds: ~ae "as built" rear d~k on this existing single family'dwetlin~ & the accessory shed~ arc not allowed, o~.t~ Article XXII~ section 280-116 (B'], wl~h states "All building. or stru~'u-n:s locate~Lon.lets upon which a bulkhead ...exists... shall be set back not l~s thsn 75 .fo~. from the bulkhentdY Tho.olans show tl~o existim~ deck.zetback 45 feet from the bulkhead and the e..xi~in~ sheds at anoronimatelv 19+- and35+/- foot ~r~poctivel¥ from the bulkhead. · Fhis disaplgoval is based on tho plan submitted.by Aooont ArehitaCcure~ noted as iob# 08:027, ~h~ ~-1 ofl. ,t pdat . bas upon,sm:Vey'upaated. Note to Applicant: Any change or deviation to the above referenced apPlication may require further review by the Southold Town Building Department. CC: file, Z.B.A. TO: Joseph F. Gonzales 2700 Ole Jule Lane Mattituck, NY 11952 FORM NO. 3 NOTICE OF DISAPPROVAL DATE: January 2, 2009 Revised: August 17, 2009 Please take notice that your application dated December 30, 2008, For permit for "as built" rear deck and existing shed at: Location of property: 2700 Ole Jule Lane Mattituck County Tax Map No. 1000 - Section 122 Block 4 Lot 1~4 Is returned herewith and disapproved on the following grounds: The "as built" rear deck on this existing single family dwelling is not allowed pursuant Article XXII, section 280-116 (B), which states 'tAll building or structures located on lol~; upon which a bulkhead ...exists... shall be set back not less than 75 feet from th~: bulkhead." The plans show the existing deck setback 45 feet from the bulkhead and the existing shed is approximately 46+/- feet from the bulkhead. Further pursuant to Article III, Section 280-15, accessory buildings and structures; "accessory buildings and structures or other accessory uses shall be located in th~: required rear yard...' The "as b ~lt deck places the emstlng shed in the side yard. This disapproval is based on the plan submitted by Accent Architecture, noted as job// 08-027, sheet A-1 of 1. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file, Z.B.A. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS Date Assigned/Assignment No. _ Fee: 5__ Filed By: Office Notes: Parcel House No. Street Hamlet SCTM1000Section122 Block 4 Lot(s). 14 LotSize 14,587 Zone I (WE) APPEAL THE WRITTEN DETERMINATION O]~ THE BUILDING INSPECTOR DATED: August 18, 2009 / {O~y~_.~r{,e_~ I~q~%~Lkk q.2OiO Joseph Gonzales Applicant/Owner(s): Mailing Address: 2700 Ole Jule Lane Mattituck, NY 11952 298-1830 Telephone: NOTE: In addition to the above please complete betow if applicaOon is signed by applicant's attorney, agenl, architect, builder, contract vendee, etc. and name of person who agent represents: Authorized Representative:Bennett Enterpr±ses for (X) Owner, or ( ) Other: PO Box 386 Wading River, NY 11792 Address: Telephone: ~q _44r,-qqN7 Please check box to specify who you wish correspondence to be mailed to. from the above names: ~1 Applicant/Owner(s) ~ Authorized Representative [] Other Name/Address: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED FOR: X3 Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use ~3 Permit for As-Built Construction []Other: August 17, 2009 Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code. Article __ Section 280- Subsection ~ 116 & 15 Type of Appeal. An Appeal is made for: OAA Variance to the Zoning Code or Zoning Map. El A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section El Reversal or Other A prior appeal I~Chas 0 has not been made with respect to this property UNDER Appeal N~. '~earn'° ~'. (Please be sure to research before completing this question or call our office to assist you. .l/q REA.~SONS FO.R APPEAL_ {~_dd#lonul sheets maF be used with preparer's sienature}; AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: Majority of homes on creek have rear yard decks or patios. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: Home exists with rear yard setback of 61'. (3) The amount of relief requested is not substantial because: It meets 61% conformity with the code requirements and the proposed deck is modest in size. The Shed can be moved if the board so desires. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The proposal is for a rear yard deck 45' from bulkhead and shed 46' from bulkhead with shed in side yard. (5) Has the alleged difficulty been self-created? ( )Yes, or (~No. Are there Covenants and Restrictions concerning this land: ~ No. [3 Yes (please furnish This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safe~, and welfare of the community. Check this box ( ) IF A USE VAFJANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) ~eof Ap~horized Agent (Agent must submit written Authorization [rom Owner) Saw;rn to before me this NOTARY PUBLIC, State d New YOm No. 5008424 Qualilied in Nassau County Commission Expires Feb, 22, ~__~0 APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Joseph Gonzales Date Prepared: 12-10-09 I. For Demolition of Existing Building Areas Please describe areas being removed: n/a II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: n/a Dimensions of new second floor: n / a Dimensions of floor above second level: . · . . /Et Hmght (from fimshed ground to top of ndge~: Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: n/a III. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet ifnecessa~) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Applicant proposes le§alize an existing deck and shed. to Number of Floors and Changes WITH Alterations: n/a IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: Proposed increase of building coverage: Square footage of your lot: Percentage of coverage of your lot by building area: V. Purpose of New Construction: 1756 sf n/a 14,507 14.4~ n/a VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): Flat Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 QUESTIONNAIRE FOR FII .lNG WITH YOUR Z.B.A. APPLICATION Is the subject premises listed on the real estate market for sale? El Yes ~3 No Are there any proposals to change or alter land contours? 13 No ~ Yes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses? no 2) Are these areas shown on the map submitted with this application? 3) Is the property bulkheaded between the wetlands area and the upland building area? 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? yes Please confirm status of your inquiry or application with the Trustees: Permit: Iqo. 6974 and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? no Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? (Please show area of these structures on a diagram if any exist. Or state "non%U°on the above line, if applicable.) Do you have any construction taking place at this time concerning your premises? no If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? ne the proximity of your lands on your map with this application. If yes, please label H. Please list present use or operations conducted at this parcel and proposed use single f~.mily dwelling (examples: existing: single-family; propos~ same with garage or pool, or other description.) Auth~ed ~nature and Date ~' Single family dwelling 2/05; 1/07 617.21 Appendix C Stata Environmental QualiO, Review SHORT ENFIRONMENT.4~ /~SSESSMENT FORM For 07VZISTED ACTIONS Only PART ! - Project Information (To be complete by Applicant or Project sponsor) 1. Applicant / Spons~ 2. Project Name Count/ 4. Precise location (S{reet address and road intersections, prominent landmarks, etc. or provide ~lap) 6. Describe project bdefly: 7. Amount of land affected: li~llialty: acres · Ultimate[y: acres 8. Will proposed action c~mply ~th e~sting or other exJsling land use restrictions:( ,.~E"~ ( ) NO If No. describe b~eily: .1 9. Wha~/,Is present land use in vicinity of project: (describe): I I(L,,)d~esldential ( ) thdus~ial { ) Commercial ( ) Agricultural ( ) PaddForest/Open Space ( ) Other 10. Does action Involve a permti approval or funding, now or ultimately from any other Governmental agency,(Federal. State or Local) ? I( ,-."~ES ( ) NO If Yes. list agency(s) and permit/approvals: aspect of the aclion have a currently valid permit or approval? 12. As a result of proposed action, wlil ex,sling permit/approval require modification? j( ) YES ( ) NO If Yes, list agency(s) and permilJapprovals: I certify that the information provided above is true to the best of my kn, owledge Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOURNAME: (JO~J~(~' /~le ouarea l~n nthename (Last name, first name, mid&l~initial, un ss y pp y' g ' of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance Special Exception If "Other", name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or ~p~y, oe~owns more than 5% of the shares. YES NO Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that pemon: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this//~ da, y ~f ~ Signature: Print Name: lo~-/aa-v'-/,/ TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET ~7oc) VILLAGE DIST. SUB. LOT ~~ O~' ~~. S W ~PEOF BUILDING RES. ~ S~S. VL. FARM CO~. CB. MIC5. Mkt. ,Value ~ND IMP. TOTAL DATE R~RKS Tillable FRONTAGE ON WATER W~la0d FRONTAGE ON ROAD ~odowlmd DEPTH Hou. Plot BULKH~D '1~ Toro I O~VNER FORMER OWNER RESt-' SEAS. LAND IMP. 'N OF SOUTHOLD RECORD CARD VILLAGE DISTRICT SUB. ACREAGE ,25o IILDING VL. TOTAL 1 ?po DATE CO/V~. REMARKS AGE NEW Form Tilleble Tilloble 2 Tilloble, 3 Woedlcmd Swo~npland Brushl~nd House Plot Totoi~ NORMAL Acre ILDING BELOW 30VE Volue Per Acre Value 122.-4-14 2/08 Bldg. Extension Extension Extension 3reezewa¥ Sa ~ag D.B.j 5Po Foundation Basement Exf. Wails Fire Place Bath Floors Interior Finish Patio ~,: Porch Attic Porch Rooms 1st Floor Rooms 2nd Floor I ~ l~equest for a variance to the Zoninz Ordinance ................... of the Zon~a~ Ordln~noe, a~d the decision df the B~ilthn~ Inspector ( ) be reversed ( } be FOP, M ZB4 ~mm m m~m{m m ~ ~mmM # m mmm m ~m, m m ~mmmm, m 3. Nature of work (check which applicable): New Budding .....~1~ ......... Addh .,n .................. Alteration Repair .................. Removal .................. Demolition .................. Other Work (Describe) ........................................ ,. ~t~ot,d c~, ,~...7,..0.0.0...~ ....................... ~. ~ ~ ~ ............. (to be paid on filing this application) f garage, number of l l. Zone or u*~ di*tri*~ in which pmmlse* aro situotea .....~..~.~ ................................................................................... 12. Does proposed construction viobte any zoning ~aw, ordinance or regulation? ~r.%~.~.~.~..~ ~ 13. Name of ~ner of premises ~.~....~,~.~dress ~'l.].~.~.....~J.~..... P~ne N~.~ STATE OF NEW YORK, t¢e COUNTY OF ...~.~.JE.~.~...':~...~.i~' .... (Name of individual signing application) above named. He is the ............. .'il ......................................................................................................................................... (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 appiication; that all statements contained in this application are true to the best of his knaw~edge and belief; and that the work will be performed in ~he manner set forth in the application filed therewith. · ~ UF .~,.!..,..[. Nofa, y/~/,bh~ ........~......~. ......... ........ p~l+~.M;.C0~ty (Signature of applicant) /~ ¢,.././.__. ACTION OF THE ZONING BOARD OF AFPEALS ^ppeo~ No. 1~9 Doted '~"a~ To ~nt~ ~ · Appellant et o meeting of the,Zoning Board of Appeals. on ~l~d~t A~ was.c°nsidered and the action indicated below was taken on your ( ) R~qqest for variance due to Pock of access to property ( ) Request for a special permit under the Zoning Or;:linonce (' ~ Request for a voriance to the Zoning Ordinance ( ) the 9ppeol 1'. SPECIAL PERMIT. By resolution of the Board'it was determined that a special permit ) be granted ( ) be denied pursuant to Article ........... - .......... ;Section./. ................. Subsection .................... paragraph ........ '. ............. of the Zoning Ordinance, and the decision of the Building Inspector ( ) be reversed ( ) be cohfirmed because 2. VARIANCE. By r~solution of the Board it was determined that t ~ i o · w n t r ce un" ar hi use (b) The hardship cre~led (~(is not) unique and (would) (~oe shared by all properties ~.~e in ~immediote ylcini~ of this prope~ and in the same u~e district becau~ '(c) ~e variohce (~do; not) observe the soidt o; the Ordinance end (w~ld)(~hange end therefor, it wos f~rthe~ determined Shot the, requested vcrience ( ) be grcnted (~) be denied ~nd thet the previous decisions of the Building In~ector (~) be confirmed ( ) be reversed. ~oa~ ef ~t ~rty or ~raee ~erSent Old ~ ZONING BOARD OF APPEALS '~ith ~. ~eken ~orm ZB4 3. Nature of work (check which~licabte]: New Building .................... ~tion .................... AIteratio~ .................... Repair .................... Removal .................... Demolition .................... Other Work (Describe) .................... to be padon f ngthisaDp cot on 5. if dwelling, number of dwelling units ........ ~...~...;.....,;Number of dwelling units on each floor .................................. If garage, number of cars ....................... ~ ~...~i .................................................................................. 6 If business, commercial or mixed occupancy, -specify nature and extent of each type of-use ................................ 7 Dimensions of existing structures, if any: Front ............................ Rear ........................... Depth ............................... Helght ............................ Number of Stories ............................................................................................................. Dimensions of same structure with alterations or additions: Front ................................ Rear ................................ Depth ................................. Height ................................ ~lumbe~ of Stories ................................ ...~...~ 8. Dimensions of entire new construction: Front ........~...~ ............. Rear ............. ,..~...~... Depth ............ li. Zone or use district in which pr~mises are situated ................................................... ~ ................................... 12. Does proposed constructionon~vlolate-any zon~, ordinance ar/~/ //~regulati°n? ...~...../.~- ................................... PLOT DIAGRAM Locate ¢le~ly and distinct y a I buil~ngs, w~ether, existing or ,.pmp.osed; ~ ind?a, te property lines. Give street and block numbers or description ac;cormng to aeea, asa snow ~r~ .............. .._,_at COUNTY OF ...~' .................................................... ~ ............................................ being duly sworn, deposes and says that ne is th~0ppllcant (Name of individual si~cat~,, , (~ontractor, agent,, corporot~ officer, etc.) . ot: so d owner or owners and s duly outho~-ized to perform or hove performed the sa d wo~, and to make and file this application; that a ( statements cont~ ned in th s application are true to the best of his knowJedge and belief; and that the work will be performed in fha manne~ set tofth in the application filed therewith. Sworn to before F~ this ~ TO: Joseph Gonzales 2700 Ole Jule Lane Matlituck, NY 11952 FORM NO. 3 // NOTICE OF DISAPPROVAL DATE: May 8, 21~J6 Please take notice that your amendment dated May 4, 2006 For permit for additions and alterations to an cxisling single family dwelling at Location ofpropcrty 2700 Ole Jule Lane, Mattituck, NY County Tax Map No. 1000 - S~tion 122 Block4 Lot 1._~4 Is returned herewith and disapproved on thc following grounds: The pml~osed oonstruction, on this non-~onformine 10.890 souare foot parcel, in the R-40 District~ is not nermit~ed pur~mt to Article XXIV, $~etion 100-242A, which "Nothina'~h this article shall be deemed to prevent the mmodellno rec0n-stmcfion of enlargement ora non-conformm~ building_ contaimng a conformm~ use. Drowded that such action does not create any new non-conformance or increase the demree of non-conform_ance with regar,d to the remdations ~ertainin~, such setbacks." The existint sinnle family dwellin~ notes an existi~ front yard setback of 33.5 feet. Following, the. ~ro~osed addilions and alterations, tho dwelllno will mninfltln that setback. Pursuant to the ZBA's interoretation in Walz (#5309). such additions and nlter*atlou~ will thus cgn~tlmte an incl~a~ in the CC: file, Z.B.A. Note to AppHcanti~Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. APPEALS BOARD MEMBERS Ruth D. Oliya, Chairwoman Gerard P. Gochdnger James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtow n.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF AUGUST 17, 2006 Southold Town Hall 5J095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, No~,h Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 RECEIVED AUGV2 4 2006 Soufhold Tow. Clerl~ ZB File No. 5917 - JOSEPH GONZALES Property Location: 2700 Die Jule Lane, Matlituck CTM 122-4-14 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse ~ffect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: the applicant's 10,890 square foot pamel is improved with a single- family dwelling with garage and concrete patio, and accessory shed, as shown on the September 1, 2004 land survey prepared by John Gallacher. BASIS OF APPLICATION: Zoning Code Section 280-242A (formerly 100-242A), based on the Building Inspector's May 8, 2006 Notice of Disapproval concerning a proposed addition and alterations, which will constitute an increase in the degree of nonconformance when located less than 35 feet from the front yard lot line (raf, ZBA Interpretation No. 5039 and Section 280-244, Zoning Code Bulk Schedule for lots containing less than 20,000 square feet in size). FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on July 27, 2006, at which time written and oral evidence ~ere presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE 1~[SLIEF REQUESTED: A variance is requested concerning enclosure of the existing front concrete porch and conversion of the existing garage to living space, in the existing location measured less than 35 feet from ~ front yard lot line. The existing setback to the dwelling is shown as 33.5 feet, and a reduction is reques~gd for new windows with a projection of 13.75" and new garage doors, with related structural changes tp~,convert the garage to living room, all as shown on construction diagrams prepared April 28, 2006 by Nigel Rqbert William, Architect. R.~ASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Boa~ makes the following findings: 1. Grant of the variance wilt not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The entire length of the front of the home has a nonconforming front yard setback. The applicant's nonconforming lot size is a total of 15,500 square feet, having 100 feet along Die Jule Lane and 155 feet in depth to the deeded property line along the dredged canal (at James Creek). There are many homes in the area on similar size properties similar to, or closer than this requested front yard setback, and also frontage along the tidal water on the west side of the property. PAge 2 -August '17, 2006 ZB File No. 5917- JoSeph Gonzales CTM No. 12.2~I-14 ,~ 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than 'an area variance. The house with the existing concrete porch has remained in this nonconforming location for many years without change, and the applicant's request includes a minor reduction to allow for bow windows, replacing the garage doors in the conversion of the garage to living space and enclosing the front entry. 3. The variance granted herein is not substantial. 4, The difficulty has not been self-created. 5. No evidence has been submitted to suggest that a variance in lhis residential community will have an adveme impact on th,? physical or environmental conditions in the neighborhood. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of additiOns to enclose the porch and convert the existing garage on the north side of the home, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community, RESOLUTION OF THE 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 Weisman, and duly carried, to GRANT the variance as applied for, as shown on the construction diagrams prepared April 28, 2006 by Nigel Robert William, Architect, Any deviation from ithe 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 f,~atures 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: ,:Ayes: Members Oli~Q~,Goehringer, Dinizio, Simon, and Weisman. This Resolution was duly adopted (5-0). Ruth D. Oliva 81~:~/06 Approved for Filing 0 30' 'T'OWC~FO~F SURVEYED: SEPTEMBER 1, 2004 SOUTHOLD TRUSTEES Issued Date~r Address 3-~ · THIS NOTICE MUST BE DISPLAYED DURING CONSTRUCTION TOWN TRUSTEES OFFICE,TOWN OF SOUTHOLD SOUTHOLD, N.Y. 11971 TEL.: 7(~5-1892 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfxont Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000 _ 122 4 14 The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. [] Building Dept. [] Board of Trustees Category of Town of Southold agency action (check appropriate response): (a) (b) (c) Action undertaken directly by Town agency (e.g. capital [] construction, planning activity, agency regulation, land transaction) [-~ Financial assistance (e.g. gram, loan, subsidy) Permit, approval, license, certification: ~ Nature and extent of action: Applicant requests permission for existing deck 45' from bulkhead and shed 46' from bulkhead. Locationofaction: 2700 Ole Jule Lane, Mattituck Site acreage: Present land use: 14,587 square feet Single Family Dwelling Present zoning classification: If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: Joseph Gonzalez (a) Name of applicant: (b) MailLngad~ess: 2700 Ole Jule Lane, Mattituck, 631-445-5907 (c) Telephone number: Area Code ( ) (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [~ No [] If yes, which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. [] Yes [] No [] (Not Applicable - please explain) Deck and shed Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria [-~ Yes [] No ~ (Not Applicable - please explain) Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria [] Yes [] No [] (Not Applicable - please explain) Deck and shed Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP .Section III - Policies Pages 8 through 16 for evaluation criteria ~ Yes [] No ~ (Not Applicable- please explain) Deck and shed Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria [] Yes [~ No [~ (Not Applicable - please explain) Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. [] Yes V~ No [] (Not Applicable - please explain) Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. [] Yes [] No ~ (Not Applicable - please explain) Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. Yes [] No ~ (Not Applicable - please explain) PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. · [] Yes~ No [] (Not Applicable - please explain) Private property Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. [] Yes [] No [] (Not Applicable - please explain) Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. L~ Yes [] No [] Not Applicable - please explain Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [] Yes [] No [] Not Applicable - please explain Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. [~ Yes [-~ No [] Not Applicable - please explain New York State Department of Environmental Conservation Division of Environmental Permits, Region One Building 40 - SUNY, Stony Brook, New York 11790-2356 Phone: (631) 444-0365 · FAX: (631) 444-0360 Website: www.dec.state.ny, us LETTER OF NON ,RIRISDICTION - ARTICLE 25 Denise M. Sheehan Acting Commissioner June 16, 2005 Joseph Gonzalez 2700 Ole Jule Lane Mattituck, New York 11952 Re: Application # 1-47384)3459/00001 Gonzalez Property, 2700 Ole Jule Lane, Mattituck, SCTM # 1000-122-4-14 Dear Mr. Gonzalez: Based on the information you have submitted the Department of Environmental Conservation (DEC) has determined that the property landward of the bulkhead greater than 100 feet in length, constructed prior. to August 20, 1977, as shown on the in house black and white photograph # 322 and the in house infra- red photograph # 323, taken in 1974 is beyond Article 25 (Tidal Wetlands Act) jurisdiction. Therefore, in accordance with the current Tidal Wetlands Regulations (6NYCRR Part 661) no permit is required. Be advised, no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal wetlands jurisdictional boundary, as indicated above, without a permit. It is your responsibility to ensure that ail precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Article 25 jurisdiction which may result from your project. Such precautions may include maintaining adequate work area between the tidal wetland jurisdictional boundary and your project (i.e. a 15' to 20' wide construction area) or erecting a temporary fence, barrier, or hale bay berm. Please note that this letter does not relieve you of the responsibility of obtaining any necessary permits or approvals from other agencies or local municipalities. Sincerely, Mark Carfare Deputy Permit Administrator cc: Eh-Consultants file AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: The form must be completed by the applicant for any special use permit, site plan approva~ use varlonce, or subdivision approval on property within an agricultural district OR within 500 feet of a farm operotion located in agrleultut~ distric~ Ail applications requiring an agricultural data statement rnttst be referred to the Suffoll~ County Department of Planning In accordance with sections 239- m and 239-n of the General Municipal Law. 1) Name of Applicant: Joseph Gonzalez 2) Address ofApplicant: 270Q 01¢ ~TBle Lane, Mat;ituck 3) Name of Land Own~ (if otber than applicant): 4) Address of Land Owner. 5)DcscriptionofPr0posedProject: variance for deck ~' from bulkh6ad and shed 46' from bulkhead 6) Location o f Property (road and tax map number): ~ 7 n n c~l ~ .~, ~ ] ~ T.~ n ~ 7) IS the parcel within an agricultural district? [X1No i-lyes If yes, Agricultural District Number 8) Is this parcel actively farmed? ~No [:]Yes 9) Name and address 'o~ any oWner(s) of land within the agricultural district containing active farm operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through the Town Assessors Office, Town Hall location (765-1937) or fxom any public computer at the Town Hall locations by viewing the parcel numbers on the Town of Soutbold Real Property Tax System. Name and Address (Please uSe back side of page if more than six property owners are identified.) The lot numbers may be obtained, in advance, when requested from the Office of the Planning Board at 765- 1938 or the Zoning Board of Appeals at 765-1809. ~/ (~,q~rgnature of At~cant Date Note: . 1. ~he local board will solicit commehta ffoto the owners of land identified above in order to consider the effect of th~ proposed action on their farm operation. Solicitation will be made by supplying a copy of this statemmt. 2. Commcota rctm,a~d to the local board will be taken into consideration ~ part of thc overall review of this application. ~. ~ cl~rk ta the local board is re.~nsible for sending copi~ of the completed Agricultural Data Statement to the prop~ty owners identified above. Th~ cost for mailing shall be paid by the applicant at the time the application is submitted for review. Failure to pay at such tiros means the applimtion i~ not complet~ and cannot be acted u~on by the board. 1-14-09 N -]B°I jOSF~P~ '" / 91.39' 100.00' F.FL ~ ~OA~D OF APPEALS $ B' THE EXISTENCE OF RIGHTS OF WAY AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. SURVEY OF PROPERTY SITUA T£ MATTITUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. lAX No. ~000-122-04-14 SCALE 1"=20' FEBRUARY 11, 2005 MARCH .3, 2005 ADDED DRYWELLS MARCH 31, 2005 ADDED NON-TURF BUFFER FEBRUARY 26, 2009 UPDATE SURVEY NOVEMBER 25, 2009 UPDATE SURVEY JANUARY 22, 2010 REVISED PER BOARD OF APPEALS L~FIER DATED 12/16/2009 AREA = 14,587 sq. ff. 0.335 ac. BUILDING LOT COVERAGE OVER UPLAND AREA (12,216 sq. ff.) (LOT AREA LANDWARD Of BULKHF~AD) DESCRIPTION AREA % LOT COVERAGI HOUSE 1,364 sq. ff. 11.2% WOOD DECK 288 sq. ff. 2.4% PLASTIC SHEDS 104 sq. ff. 0.8% CONC. PATIO 320 sq, ff. 2.6% (NOT COVERED BY DECK) TOTAL 2.076 sq. ff, 17.0% NOTES: 1. ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM EXISTING ELEVATIONS ARE SHOWN THUS:~o 9.6 57.39' UNAUTHOR ZED ALL$~ACRAT ON OR ADDIT ON TO THIS gURVEY S VIOLATION OF SECTION 7209 OF T~: NEW YORK STATE EDUCATION LAW. COPIES OF THfS SURV~MAP NOT BEARING THE LAND SURVEYOR'S IN ED SEAL OR EMBOSSED SEAL SHALL NO BE CONSDERED TO BE A VALID TRUE COPY CERTIF]CATONS INDICATED HER ON SHALL RUN ONLY TO THE PERSON FOR WH THE SURVEY S PREPARED, AND ON HIS BEHA~_F TO THE TTLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDNG INSTI- TUTON. CERTIFICATIONS ARE NOT TRANSFERABLE FIRST FLOOR GARAGE FLOOR PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TITLE SURVEYS AS ESTABLISHED BY THE L.I.A.LS AND APPROVED AND ADOPTED FOR SUCH USE BY THE NEW YORK STATE LAND TITLE ASSOCIATION. ....... - . ./ N.Y.S. Lic No. 50467 Nathan Taft Corwin III Land Surveyor Title Surveys Subdiw'sions Site Plans -- ConstrucEon L(;yout PHONE (6~1)727-2090 OFFICES LOCATED AT 1586 Moln Rood Jamesport, New York 11947 Fox (651)727-1727 MAILING ADDR£$S P.O. Box 16 Jamesport, New York 11947 EXISTING VlOOD BULKPlEAD EXISTING FENCE EXISTIN~ -BIL(:O DOOR5 E×ISTING EXISTING EXISTING -CONCRETE STEP5 48.2' EXISTING ONE 5TORT FRAHE ONE FAMILT DNELLING 46,2' EXISTIfl~ EXISTIRG -CONCRETE STEPS EXISTING :ONDENSING " 2700 OLE . [_F L.N ~PLOT PLAN' INFORMATION 5CALE=I~ 20' '~Y THIS 15 AN ARCHITECTURAL PLOT PLAN BASED ON 5HORN : ON A 5URVET PERFORHED BT JOESEPH A INGEGNO LAND .SURVEYOR ON 2/ll/~ ZONING INFORMATION SECTION ~22 BLOCK4 LOT ~, ZONE R-~o OCC GROUP "'" CONST CLASS vB RESULTS COMMENTS LOT AREA i4587.36 SF UNCHANGED LOT COVERAGE PROPOSED ( 70 SHE0 + l$69.? HOBS[ + 303.5 BECK / 145B7.36 ) x 100~ = 12 % ~743.2 5F LOT COVERAGE PERMITTED MAX 20 % 2917 Sr CONFORMING SETBACK TO BULKHEAD PROPOSED 45 +1- FT SETBACK TO BULKHEAD PERMII-rED MIN 75.00 FT VARIANCE REQUIRED SIDE YARDS PROPOSED TO DECK 31.4 & 41.43 FT SIDE YARDS PERMITTED MIN 15,O0 FT CONFOR~ilNG SIDE YARD AGGREGATE PROPOSED TO DECK 72.83 FT SiDE YARD AGGREGATE PERM,] ~-u MIN 35.00 Fl' CONFORNiING REAR YARD PROPOSED TO DECK 86.95 FI' REAR YARD PERMITTED , MIN 50 FT CONFORMING FRONT YARD PROPOSED 33.2 FT FRONTYARDPERMI'FrED MINS0 FT PRE-EXISTING & UNCHANGED FLOOR AREA 369.7 SF EXISTING PROPANE TANK~ -i DECK PN NEN EXISTING PLAN SCALE: I/4'' = ,,,...~ ~LATTICE ~LDVATION + 5CALEb1/4" = J'-O" ~ECEIVED ~AR 1 8 2OlO ~/SIDF- I~LI~VATI,)N (~1~ I~LE~V ~TION APPROVED "' DOARD OF TFtL:,7 , TOWN OF SOUT! i ;.,'.',,TE SCALEd/4' = I'-0" .> _.__ACC:ENT REVISIONS PH (516) 547-9314I ,AX (516) 547-9330 ..~t~..~.p~,~of~.~.~ AS NOTED GALIZATION OF AN EXISTIN'; DECK & NEW SLI[ GONZALES ,ESlDENCE 2700 OLE JULE LN M TTITUCK, NY 11952 ACCENTA ?.HITECT@AOL.COM ' fTITLE v~RIANCEPLANS CHECKED B% // 08 ,027 # A-1 1