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Home My WebLink About6499 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Soathold, 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 SE[ 7 2011 ·OWN oF SO JTUOLD Tel. (631) 765-1809 ° Fax (631) 765-9064 $outl/old IoWa Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 15, 2011 ZBA FILE: 6499 NAME OF APPLICANT: John and Alexandra Kapetanos PROPERTY LOCATION: 455 Sound Beach Drive Mattituck, NY SCTM# 1000-99-1-21 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated July 20, 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. LWRP: This application is not subject to review under Chapter 268 because does not involve features that relate to a regulated natural feature or a bulkhead or other shoreline. PROPERTY FACTS/DESCRIPTION: Subject property is improved with a two story dwelling, accessory garage and shed. It contains 7500 sq. fi., with 50.o0 feet of frontage on Sound Beach Drive, 150.00 feet along the northern property line, 50.00 along the western property line and 150.00 feet along the southern property line, as shown on a survey dated June 27, 2008 prepared by Nathan Taft Corwin, LS., with calculations noted by James Vincent DeLucca, RA. BASIS OF APPLICATION: Request for Variance from Article XXIII Code Section 280-124 and the Building Inspector's June 22, 2010, Updated June 13, 2011 Notice of Disapproval based on an application for a building permit to construct additions and alterations to existing single family dwelling at, 1) front yard setback of less than the code required 35 feet 2) total side yard setbacks of less than the code required 25 feet, 3) lot coverage of more than the code required 20%. RELIEF REQUESTED: The applicant proposes to construct a 7 ft. x 28.4 ft open froat porch addition with roof deck above with a front yard setback of 31 feet where the code requires 35 feet and a 7.5 ft. x 28.4 ft second floor addition in the rear yard of the dwelling requesting, total side yard setbacks of 15 feet where the code requires 25 and lot coverage of 23.9% where the code permits a maximum lot coverage of 20%. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application September 1, 2011, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be tree and relevant and makes the following findings: Page 2 of 3 - September 15~ 201 I ZBA File#6499 - Kapetanos CTM: 1000-99-1-21 1. Town Law §267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Several properties in this neighborhood have nonconforming setbacks similar to this application. The adjacent dwelling to the west of the subject property has a front elevation and front yard setback that is identical to the proposed addition and setback. The front porch roof deck will allow the applicant to enjoy a water view which is a common amenity in this neighborhood. The proposed rear yard second story addition will not be visible from the street. 2. Town Law §267-b(3)(b){2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The existing dwelling is situated at 36 feet from the front property line and any addition that would be functional would require a variance. The total side yards are existing at 15 feet which the proposed additions will maintain. The second floor addition to the rear of the dwelling is above the existing first floor and will not create additional lot coverage which is already non-conforming at 21%. 3. Town Law §267-b(3)(b)(3). The variances granted herein for the proposed lot coverage and total side yard setbacks are mathematically substantial requiring a 20% and 40% relaxation from the code, respectively. The variance for the front yard setback is not substantial requiring an 11% relaxation from the code. However, the total side yards are existing at 15 feet which the proposed additions will maintain and the existing non-conforming lot coverage of 21% will be increased by only 2.9% on this small 7,500 sq. fi. non-conforming property 4. Town Law §267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The subject property is relatively flat and contains no naturally regulated features. 5. Town Law §267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purehase. 6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a front and rear additions 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 Weisman (Chairperson), seconded by Member Goehringer, and duly carried, to GRANT, the variances as applied for, and shown on the survey dated June 27, 2008 prepared by Nathan Taft Corwin, LS., with calculations noted by James Vincent DeLucca, RA. Condition_ 1. The proposed second floor deck on the front elevation shall remain open to the sky. That the above condition be written into the Building Inspector's Certificate of Occupancy, when issued Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized 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 tbr an alteration that does not increase the degree of nonconformiiy. Page 3 of 3 September 15, 2011 ZBA File#6499 - Kapetanos CTM: 1000-99-1-21 Vote of the Board: Ayes; Members Weisman (Chairperson), Goehringer, Homing, Schneider. (Absent was: Member Dinizio) This Resolution was duly adopted (4-0). Leslie Kanes Weisman, CHairperson Approved for filing ~ ~)0 /2011 .P ,// FP-.o,NT E LE¥/L"T 10 r4 .~_..~.L~: /4 "'= DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE BOARD OF APPEALS SARAH LANSDALE, AICP DIRECTOR OF PLANNING July 20, 2011 Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Leslie K. Weisman Chairman Dear Ms. Weisman: Pursuant to the requirements of Sections A 14-14 thru A 14-25 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission are to be a matter for local determination as there appears to be no significant county-wide or inter-community impact. A decision of local determination should not be construed as either an approval or disapproval. Applicants Municipal File Numbers Moody (Hiram) & Goulard (Sarah) Jeffries, Michael & Susan Kapetanos, John & Alexandra Phillips, Michael #6497 #6498 #6499 #650O TRK:ds Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Senior Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. -4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 8534044 SOUND BEACH DRIVE N 52°00'00" E 50.00' ~1~o ,1~ ~ ~,,, ~ ",,',', ~ LOT ~ ~ .... lB 0 £OT CM. 2.0'N. 2.4'W. S 52°00'00''' W 50.00' LOT 29 LOT 28 o o 201.22' ~INAL MAP DRIVEWAY BY CAPTAIN FILE No. 1672 SL!FFOLK ........... _S..C. TAX SURVEY OF LOT 19 BLOCK 1 MAP OF KIDD FILED SITUATED ESTATES JAN. 19, 1949 AT MATTITUCK INLET TOWN OF SOUTHOL0 COUNTY, NEW YORK No .... 1~00-99-01 ~21 SCALE 1"=20' JULY 2, 1991 JUNE 27, 2008 UPDAIE SURVEY O 0 LOT 20 o LOT 27 AREA = 7,500.00 sq, fi. 0.1722 acres CERTIFIED TO: COMMONWEALTH LAND TITLE INSURANCE COMPA JOHN KAPETANOS ALEXANDRA KAPETANOS PREPA.[D IN ACCORDANCE WITH THE MINIMUM , STANDARDS FOR TITLE SURV~S ~ ESTABLISHED FORBY THEsucHL,I,A,L,S,usE ByANDTH~~APPRO . TITLE ~SOC~ON o' '" RECEIVED~ ~ ~N' ~~%~ ~ ~o J 1 2 , No 4g ...... Taft CDr - Wll EUBOSSED S~ SH~L NOT DE CONSIDERED TO BE A VAUD TRUE CO~, ~ C[RTIRCATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURV~ ..... IS PREPARED, AND ON HIS BEHA~ TO THE Dtl~ Su~eys -- Subd~ws~ons -- TITLE COMPLY. GOVERNMENTAL AGENCY AND TO TH~ASSIGNEES OF THE LENDING tNSTI-- C k I ~ -~u=u Fox (631)727-172/ TUTION. CERTIFICATIONS ARE NOT TRANSFER~LE., OFFICES LOCATED AT MAIDNG ADDRESS THE-EXISTENCE OF RIGHTS OF WAY 1586 M~in Ro~d P.O. Box AND/OR EASEMENTS OF RECORD. IF ........... FORM NO. 3 NOTICE OF DISAPPROVAL TO: John and Alexandra Kapetanos 455 Sound Beach Dr. Mattituck, NY 11952 Please take notice that your application dated June 15, 2010: RECEIVED JUL 1 4 Z~ll DATE: June 22, 21~tl~ARD OF APPEALS Updated: 6/13/11 For permit to construct additions and alterations to existing single family dwelling at: Location of property: 455 Sound Beach Dr., Mattituck County Tax Map No. 1000 - Section 9~9 Block 1 Lot 2_11 Is returned herewith and disapproved on the following grounds: The proposed additions and alterations to the existing single family dwelling, on this non- conforming 7,500 square foot lot in the Residential R-40 District is not permitted pursuant to Article XXII1 Section 280-124; non-conforming lots, measuring less than 20,000 square feet in total size, require a front setback of 35 feet, total side yard setbacks of 25 feet and tot coverage of 20% The survey shows a proposed front yard setback of 31 feet, total side yard setbacks of 15 feet and lot coverage of 23.9% +/-. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application may require fi~rther review by the Southold Town Building Department. CC: fde, Z.B.A. FORM NO. 3 NOTICE OF DISAPPROVAL DATE: June 22, 2010 Updated: December 2, 2010 TO: John and Alexandra Kapetanos 455 Sound Beach Dr. Mattituck, NY 11952 Please take notice that your application dated June 15, 2010: For permit to construct additions and alterations to existing single fhmilv dwelling at: Location of property: 455 Sound Beach Dr., Mattituck, NY County Tax Map No. 1000 - Section 99 Block 1_ Lot 2~1 ls returned herewith and disapproved on the following grounds: The proposed additions and alterations to the existing single family dwelling, on this non- contbrming 7,500 square foot lot in the Residential R-40 District is not permitted pursuant to Article XXIII Section 280-124; non-confbrming lots, measuring less than 20,000 square feet in total size, require a front setback of 35 feet, total side yard setbacks of 25 feet and lot coverage of 20% The survey shows a proposed front yard setback of 31 feet, total side yard setbacks of 15 feet and lot coverage of 23.9% +/-. A{uthorized 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. Fee: $ i...~ ~ Filed By: RECEIVED JUL 1 4 2011 Assignment No. ROARD OF ~,PPEALS APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS HouseNo,~ Street ~/~v.O ~FA'Ja/'/ ~/~'~'~'Hamlet 14//1~;'/7~C/~ ? ~./ ]1~ ~ SCTM1000 Section ~ Block ~/Lot(s) ~/ LotSize ~Z~ne~'~ I (WE) ~PE~ THE ~TTEN DETE~INATION OF THE BUILDING ~SPECTOR DATED d~E I ~ ~otl BASED ON S~VEY/SITE PL~ DATED ~oL~ Applieant(s)/Owner(s): ~ ~ ~M ~ ~ O~ Telephone: C~J$) 3g$' 7g ax: tZ) l tSg Email:~/~Xn M~p NOTE: In addition to the above~ please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Telephone:/6 /) 7ZT-/g//gax: Email:d~ VpE Please check to specify who you wish c~rrespondence to be mailed to, from the above names: ( ) Applicant/Owner(s), (t.~'AuthOrized Representative, ( ) Other Name/Address below: WHEREBY. THE BUILDING INSPECTOR REVIEWED SURVEY/SIT~ PDAN~ DATED~d/.-y ~7 ~ and DENIED AN APPLICATION DATED ¢~.~//5//I FOR: t ( ~B~ilding Permit ( ) Certificate of Occupancy ( ) Pre-Certificate of Occupancy ( ) Change of Use ( ) Permit for As-Built Construction ( ) Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Sa bsection of Zoning Ordinance by numbers. Do not quote the code.) /0~7~C..~.~' ~.~ -¢~'~- ~'0~ Type of A~eal. An Appeal is made for: (w) A Variance to the Zoning Code or Zoning Map. ( ) A Variance due to lack of access required by New York Town Law- Section 280-A. ( ) Interpretation of the Town Code, Article Section ( ) Reversal or Other A prior appeal ( ) has, (~)'~as not been made at any time with respect to this property, UNDER Appeal No(s). Year(s). . (Please be sure to research before completing this question or call our qffice for assistancO Name of Owner: Zl~ile # REASONS FOR APPEAL (additional sheets mar be used with preparer's signature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the n~ighborhood or a detriment to nearby properties if granted, because: K.I O (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: "40 (3) The amount of relief requested is not substantial because: (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: t,,l o ~4 ~ / (5) Has the alleged difficulty been self-created? ( )Yes, or (~No . Are tl~rle ~ovenan s~an~ReS~rlctlons concerning th~and: ~o. 0 Yes (,lease furn~h coov). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUE~D, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult attorney.) ~ orized Agent (Agent raust~mi! written Authorization from Owner) Sworn to befor me this ~ .I~NET Id. TooKER ? RECEIVED Nota~/Public, $~ate of New Yor~ ~ in Suffolk .Coun.ty,, JUL 1 4 Z011 BOARD OF APPEALS APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: J O ~ ~ ~/-../~.~ E~,t~.l o~ Date Prepared: L For Demolition of Existing Building Areas Please describe ar~as b~ing removed: ~ ~E~ 7. 5 ~ ~.~ t: ~ 13 II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: 7 t )~ Z~,4 ~' DOI2r.,¥1 Dimensions of new second floor: '7,5 'X Z~. q ' Al>lT"l'rlo'k.~ Dimensions of floor above second level: Nt Height (from finished ground to top of ridge): Z ~ Is basement or lowest floor area being constructed? If yes, pleas9 provide height (above ground) measured from natural existing grade to first floor: III. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes V~i'I'H Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square £ootagc of buildings un yo~ propc~: Square foo~ge of your lot: ~, Percentage of coverage of your lo(by building area: V. Purpose of New Construction: (g) 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): Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 RECEIVED JUL 1 4 20~ BOARD OF APPEALS Applic<~fion b~y,- ., · Office Notes: ,,m Page 3 Assigned Applicat ot~. - IANET'M. TOOKER Nolao/Public.State of New York No. 01TOSJS1905 Qualified in Suffolk County Commission Expires November ]3, '.;'." ~r E. ach a~d Every .P .e~n~.~.~d Us~ ~.nder ~e z~ng ~egu~ns for .~h.e~ ..Pai~cu~a.r ~s~c~ ~h ere '.... .... the Project is £ocat~l.(l~leaie ~On~ull your ¢iffon~ey befem,cqmpl~tlng~. ' . . ". .-. ' .. · · ' .-' Appl~anf canine! teallze 'a reasonabl~, return for each and. every permitted u~e' .u~der fie'. -" zoning' regulet!ons, f~.fhe':padicuiar, dbM~t wh~re'tl~e ~rb'.p~/is. loc.afed;.d~mo~ft:M~dlby '"' '. .: : 'c:°ml~efe~l.fln~nalal ~91d'ence; The appJlcanf :CANNO~ ~'~a. lEe c~ REASONABLE RETURN :becci~tse:' · :.:. ~.e,,~,~,.~ ~;~,~.~e,~e,~).... i':"" "' :' ' ' ::":: ' "'"'"'"' ' ":: "' '" '""' '"" ":'"'.. ': ' - . '"'..'"- '.. :i- '". ":' ' . . "" ' ' .'-' '. '. · . · '.. 2: '.The atl~ged.~a~dsl~lp~relafindi~ !hepmp&dy'is unique b6caus6:-'" ' .. ' ' ! ' "':. '- ' ' ' ' .' , :.. :":..- ,..- . -..-! ..,..... · ... -. '.. ..... .-. . . ".. . . ..- .. , ' ,.... :.3~ Tl~e a.!!eged.hardshlp doe~ .h0l:app~y t6.a:.sub~lonflal p0.~fi0r~'o~'t'n'~ district or"n&i'ahb'~r~n,,,~' · : '..~eca~se:. :. . : - .. .. . ...".., - ! . .-. .'. .... . . · .'~-7'-- ..... ~- . . .' . 4.. The'request will n-°t alte~:the'es~enfla! charac:f~[ ofth? neighborhoc*d'because: ' "'." ." "- ': 5. '.:The.alleged hatd~ip-has not been Se [-C'reated be~abse~ . :.. : .:-...'..:- . !' ..' '.:'... '....'"'... i -: '' .:: :.' ':.. i'-'." .: ':..-':" :: .6:. ~hls- !s the .rain!mum t6' let.necessarY; Wl~ile at ihe Sam~e' time, p~e~e~vlng: and.pmieCling~ the'' '.. .-..' Character?f--the nelgi~bo~hoo~d,~and 'tl~e health; ~afely and WeJfare of:}l~6 cor~mu~i~. ' (Please ' -.. expJelrsf~n.a:seper~fe, she~e~if, neceis~ry.~. . . :"... .. : '...: .. : ......:. . ...:: ::.-."-" . :". '. 7:: Th~ ~Pi~ bf.th~-c>rdtnc~n.¢e.willbe 6bsei'ved,. publE: 'sctfe~y arid W~lf:~r6. wtll ~e s~:p~;ed, add :: '~ .... s~bsi~fi~t]'u~"~-wm bedone. J~edause: ~Pleese expJ'aln ~h'a s~Parc~fels~e~! If rt'e~:~Saly.) .... .: .' '. · ' " ..... " '- . ,-. -:p,~v,ous page ~o apply ARE~ .' · ' VARIANCE .STANDARDS/.(I~Iease :c0ttSuff .Yeu~, affome~)-. Otherwise. ~'e~se' ~:" '.' ' · 's' ' ue .... .,- .., ..... .... . . .. . :.. I~ pr ee. edtoft~,. .: lanai r~ artdnofawarea.below.. . ... : ../ --... - . : .. . . . ... .:...'...!.:....' ..::. :.:...'-'.; '...---:. ':..:.-;:........: :! :'...... ' ~ a~ o~.-"~ ~:~:~_.~.' . · ' · .' ~ ~r) · ' ~BA p TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765o1802 FAX: (631) 765-9502 SoutholdTown.NorthFork.net Examined ,20 Approved 20 Disapproved a/c~ Expiration ,20 PERMIT NO. BUILDING PERMIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey. Check Septic Form N.Y.S.D.E.C. Trustees Flood Permit Storm-Water Assessment Form Mail to: Phone: JUN 16 2010 BLDG. DEPT. TOWN OF SOUTHOLD Building Inspector APPLICATION FOR BUILDING PERMIT Date INSTRUCTIONS ,20 /O a. This application MUST b'e ampletely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the apphcant. 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 aate 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.~hall be ?e4~/ired. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing, egde, andy, egtt, l, ati9~'~d to admit authorized inspectors on premises and in building for necessary inspections. ~ 'gnature of~pptfc&( Sr name, ifa corporation) LA'/~/,v~,~ Z,e~m ~',.~.~-- (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder 7"- Name of owner of premises JO~-/',~' /~ p ~' 7-'~]4/O 5 ~ (As on the tax roll or latest deed) If applicant is a corporation, signature of duly author/zed officer., (Name and title of corporate officer Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. Location of land on which proposed work will be done: House Number S~et Hamlet County Tax Map No. 1000 Secii0n ~ Block O/. Subdivision ¢2;~ P~"¢~/,~' ~'~l::O ,g' ~2',~ ~'~'~: Filed Map No. /~ 72 Lot / ~. State existing use and occupancy of premises and intended use and occupancy of prop.'osed construction: a. Existing use and occupancy ~/~,/~Z~" /~'/.~A.II~V b. Intended use and occupancy 3. Nature of work (check which applicable): New Building. Repair Removal 4. Estimated Cost 5. If dwelling, number of dwelling units If garage, number of cars Addition / Alteration Demolition Other Work Fee (Description) (To be paid on filing this application) Number of dwelling units on each floor 9. Size of lot: Front 50 Rear ~ C~ Depth _ 1 10. Date of Purchase {~/0 '~ Name of Former~ ~ 11. are situated (~~l~Lff Zone or use district in which premises 12. Does proposed construction violate any zoning law, ordinance or regulation? YES__ 13. Will lot be re-graded? YES__ If business, commercial or mixed occupancy, specify nature and extent of each type of use. ' Dimensions of existing structures, if any: Front ~ Z,'~ /=~ Rear ~ 8. Z] WY'- Depth Height ~5 ~ r~7- Number of Stories Dimensions of same structure with alterations or additions: Front :z., ~ ~-ll[w-- tx'ear" Depth .~,4' Height 'ZSP P"T'. Number°f~!~,~'.~: 0 ~" Dimensionsofentirenew~onstmction:Front ~,4 P-'t' Rear ~. Il'fl" Height 2.5 *'FT' Number of Stories Z. L~-e-p-~- ~ -/NO NO /Will excess fill be removed from premises? YES NO 14. Names of Owner of premises Name of ArchitectJ Name of Contractor Address Phone No. ..... ~. ~ ,~oa a~,,~t ~'.~r.Phone NoireS1) Address Phone No. ,...-- 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO __ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE R~QUIRED. 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 sc. ale, with accurate foundation plan and distances to property lines. 17. If elevation at any point Oh pr0pe~ i~ at 10 feet or below, must provide topographical data on survey~ 18. Are there any covenants and restrictions with respect to this property? * YES . NO / · IF YES, PROVIDE A COPY. STATE OF NEW YORK) SS: COUNTY OF~ g.4~ d/:)tv/~.$ j/r /~ /6/C,~/0j ~,/'~0 being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the (Contracted'gent, Corporate Officter, 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 tree to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application flied therewith. Sworn to before me this / 5'J'~ day of Notary Pubhc ~o7o~ f:: '.., S~lature of PROJECT iD NUMBER PART 1 - PROJECT INFORMATION 1. APPLICANT / SPONSOR 3,PROJECT LOCATION: 617.20 APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UN;LISTHD ACTIONS Only ( To be compleled by AF ~lJcanl or Project Sponsor) PROJECT NAME 4. PRECISE LOCATION: Street Addass aa~J Road IntersePUons, Prominent landmarks otc -or orovlde mad SEQR 5 ~S PROPOSED ACTION: [] New ~ Expansioa [] ModlflcatJon/allaraUon DESCRIBE PROJECT BRIEFLY: AMOUNT OF LAND AFFECTED: JUL 1 4 2011 BOARD OF APPEAL 8. ~aLL PROPOSED ACTION C~PLY ~TH ~t~ING ZONING OR OTHER RGS~RI~IONS? 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Chooseas many as apply,) [~] Other (~eacdb~) "1'0. DOES ACTION INVOLVE A PERMIT 'APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL A(3ENCY (Federal state or LOCal) 11 ~ES ANY ASPECT OF THE ACTION ~E A CM~E~TLY VAMB PERMI~ OR ~PPROVAL? ~Yes ~No If yes, Iisi age~6y name and ~it / approval: I , AS A RE ULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE ModIFiCATION? [ CERTIFY THAT THE INFORMATION PRovIDED ABOVE tS TRUE TO THE BEST OF MY KNOWLEDO If the action is a Costal Area, and you are a state agency, cOmpletp the Coasta Assessment Form before proceeding with this assessment CULrI~JRAL'DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD R. ECE[VED'4 o JUL 1 4 201i BOARD OF APPE,c-LS · ;.1VH~ TO.USE THIS FOR3~: The for.;m., mu~t be completed by the applicant for any $P eciM U~e ~ ~ ' '. . :pl~ approval, use van~ce, or ~bdi~ion nv~ovM on nro · · ' ~' ~ ~e~,~y ~nm ~ a~cut~rm d~ct OR ~ ". . · · 500~ ofa~ o~ragon tb~ed tn'a~tmrMd~ ' ' ..... - ; .' .... AH ap~ca~ons r~ut~g an a~cu~rM d~ '" " .'~at~5~mU~ mf~d ~ '~ SUffoa Coun~ De~ent ofPl~ntng a acbordance ~ Se~ 239- '": ' mana za~-n ~e G~M Munt~l Law. "' 4)'Ad~a6f~d'~'. · ." . .. ... . · .... '.. ,' - . -... .... ' -' ' " .. loooa~-ol;~Z/' ' ' ' - 7) Is ~e p~el ~ ~ a~ ~6t? ~o'~Y~'~ y~a, 'A~cM~I Dis~t N~ 9) N~e ~d .~dd~a of ~y.-o~) ~'f l~d wi~n ~e a~cul~al ope~ti~(o) lo~t~ ~0 f~ of tfi6.bo~ '6f~ pr~os~ project. ~f~adon m~y be ayailabl~ ~u~ the Toga Asse~o~ O~ee,. To~-H~I l~a~oh.'(765-1937) l~afiona by ~e~ing ~e p~ nm~On ~ Towfi of So,old R~ Prope~y Tax Sy~em.' Please use back side of page if more than'six pmp~ty owners are iflentified.): The lqt numbS.9 may be obtained, m ~dvanee~ w/a~n ~quoated from eithe~ th~ Office of th~ Planning Board ~t 765-1938 6r th~ Zo '.M6g~l~oard ofAppegl~ ~at 765-1809. -' . : . ' .S~ -~' -°~-~Pl/cant : ' ~Date . will ,.~ ,,~,,,~ o~, ~uFpp~ng a (~ay Ot this Stat~nCflL 2. Commcma returned to thc I(:~al boa~ vnql b~ takan into' c(n~(ka~tion as ~ ~)fthc oval ravicw of thia a~)lication. . 3.. Copic~ of the compl~d Agrico h~'al Data Stat~n~nt ahal! b~ sm! by applicant a~d/or thc ¢lcrk of thc ]dantlfi~l abo~tc TJ~ coat.for mailing al)all b~ ~fid by thc'an~{|cant at the time 0k. ~,.. ....... board to the propmy owners · ~-r un #ppmamOr) I$ aummttcd for rcvicw Faih~rc to ga~ at sm:h time n~an$ thc'appl~catlon j$ not cor~ate and c~nnot b~ act~l upon by thc board. 3. . ,4] 5. 1-14-09 APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM RECEIVED JUL 1 4 7011 BOARD OF APPEALS The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers m~d employees. The purpose of this tbrm is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessm-~ to avoid same. NAME: (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance ~ Trustee Change of Zone Coastal Erosion Approval oF plat Mooring Exemption from plat or official map Planning Other (ff'~Other '. name the activity.) Do you personally (or through your company~ spouse, sibling, parent, or child) have a relationship with any officer or employee of the lown 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 employee owns more than 5% of the shares. YES NO Il' you answered "YES", complete the balance of this form and date m~d sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant/agent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe 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 oflhe 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 &the applicant; or __ D) the actual applicant DESCKIPTION OF RELATIONSHIP Form TS 1 T~ c~'. ' '.. ". · .. · te;'o~.~.~.~:..: ~. .':'. ' ' · . ~)-'" -. ..... - . · . .-... .. :, - ..:...... . . '.., - ... .. · .. . '- "-. '. ' .?.'you.per~onal!y. (6r.,.v;.o,~:_, "..' ' -".. ' · .~. . ' ~ .' ,.. · .' . .. * '.:.* ' · . fel~tion.~Mp~,~o,~.~-*Y.o,~ con.any, ~Po~e ~l~_=_ ' - .. " . '.'." .. . :' blood - · . .. . , . er~oyce0~$.he~?o, . . P. t, or cml h ...... " '' ~-~a~'b~'n,-,;--'- ' *._ -w~.pf$oilth d? '~,~;.- ': [~) ave a · · - - ' .~rtn - ..:.. _ ,7. 'f .*~'~ ~ ._ Le.e.e.e.e.e.e.e.e~. -:~ -- .-" . ',.., o1__... ! ~ mn i "i ' "' ' · "' ' · .. . - .?.x.~.~tb~~.::_~~~~ ' '. -'- ~ ' ~~ of~i'o~ , ' ' .. ~ ~. .. ~ .- -*.~ ~,, ,o ~ o- ~.~ ~.:.. .... .... ~. ... No:.- .~'-. .: . .': . ''. '. · .' (..: : Z .'/' - . . ' . . . ..: ... :' . . :. - . · -. . . ~.Yo~ran-~n,e~¢tl,'y:E,9,, ' . .' ' ' · " ' ' -.':..: . . .' · . " "~::.[.'.." '. -'~' :":"-" :-::'-...":i-'i.'..:.' :......""".....)' - . ;.' ' ....." ...'.'"'. i~' -:". :' :' '"' Town of Southold Zoning Board of Appeals P.O. Box 1179 Southold, N.Y. 11971-0959 John ana Alexandra Kapetanos 208 Sussex Drive Manhasset, N.Y. 11952 (516) 365-5764 July 14,2011 John and Alexandra Kapetanos 455 Sound Beach Dr. Mattituck, N.Y. 11952 S.C.T.M.No.: 1000-99-1-21 Dear Sirs, I hereby give permission to James V. De Lucca,R.A. to act in our behalf in all matters concerning the required variances for the above referenced property. Very Truly~rs, / Mrs. Alexand~a ~apetanos Town of Southold LWRP CONSISTENCY ASSESSMENT FORM :. RECEIVE.~., A. INSTRUCTIONS BOARD OF APPEALS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfi'ont Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available'in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's.office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# [C:)O0 q q (V I '- Z I The Application has been submitted to (check appropriate response): TownBoard [] Planning Dept. ~ Building Dept. [~BoardofTrustees [] Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent &action: Location of action: Site acreage: O. Present land use: 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: (a) Name of applicant: ,,J O ~-~,.1 (b) Mailing address: '7~O~_~ ,~',-~5~( (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 ~ lfyes, 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. [~es [] No [-~ (Not Applicable- please explain) Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRPj~gction III - Policies Pages 3 through 6 for evaluation criteria I '~ Yes [] 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 I~ 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 S~es e~ and wastes. See LWRP Section III - Policies; pages 34 through 38 for evaluation criteria. ~ 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 s~ No [] (Not Applicable - please explain) Attach additional sheets if necessary WORKING COAST POLICIES 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) At~ach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Sec~I - Policies Pages 8 through 16 for evaluation criteria ~ Yes[] No[~ (Not Applicable- please explaln) Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Polici~ Pages 16 through 21 for evaluation criteria t2rJ 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 LVOIP SeCtion III - Policies; Pages 22 through 32 for evaluation criteria. ~Yes[] No [~ (Not Applicable - please explain) 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. [~Yes No Not Applicable - please explain Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section HI - Policies; Pages 62 through 65 for evaluation criteria. [~rYes 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 James V. De Lucca,R.A. 12 Linda Lane East Riverhead, N.Y. 11901 (631) 727-1611 July 12,2011 Town of Southold Zoning Board of Appeals P.O. Box 1t79 Southold, N.Y. 11971 Re: John and Alexandra Kapetanos 455 Sound Beach Dr. Mattituck,-N.Y. 11952 S.C.T.M.No.: 1000-99-1-21 RECE/VED BOARD OF APPEALS Dear Sirs, Enclosed please (1) (2) (3) (4) find the following: Ail required documentation for Area Variances, Proposed Building Elevations, (8) copies. Proposed Site Plan, (8) copies. Fee check in the amount of $1,500.00. (8) copies. RECEIVED/j~old,d/- JUL 14 ~Oll ~/1~ BOARD OF APPEALS James V. De Lucca,R.A. James V. De Lucca,R.A. 12 Linda Lane East Riverhead, N.Y. 11901 (631) 727-1611 July 12,2011 Town of Southold Zoning Board of Appeals P.O. Box 1179 Southold, N.Y. 11971 Re: John and Alexandra Kapetanos 455 Sound Beach Dr. Mattituck, N.Y. 11952 S.C.T.M.No.: 1000-99-1-21 JUL 14 ~%% BOARD OF APPEALS Dear Sirs, After conferring with the owner, the owner confirmed there are no covenants and restrictions on the above referenced property. James V. De Lucca,R.A. BOAB, D OF A~PEALS FORM NO. 4 · TOWN OF SOUTHOLD BUILDING D~PARTMENT office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY JUL ! 4 ~B%% BOARD OF APPEALS No Z-20257 Date 0~.TO. BER 3~. 1991 THIS CERTIFIES that the building ACCESSORY Location of Property 455 SOUND BEACH DRIVE House No. Street County Tax Map No. 1000 Section 99 Block Subdivision Filed Map No. MATTITUCK~ N.Y. Hamlet Lot 21 Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated MAY 24~ 1991 pursuant to which Building Permit No. 19907-Z aated MAY 31, 1991 was issued, and conforms to all of the requirements of the applicable pro¥isions of the. law. The occupancy for which this certificate is issued is ACCESSORY GARAGE IN REAR YARD AS APPLIED FOR. The certificate is issued to FLORENCE ALFANO (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL UNDERWRITERS CERTIFICAT~ NO. PLUMBERS CERTIFICATION DATED N~204600 -SEPT. 23~ 1991 N/A Rev. 1/81 · /~/ Building Inspector FOI~M NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z-19839 Date APRIL 5~ 1991 JUL ! 4 2011 BOARD OF APPEALS THIS CERTIFIES that the buildin~ ADDITION Location of Property 455 SOUND BEACH DRIVE House No. Street County Tax Map No. 1000 Section 99 Block 1 subdivision Filed Map No. ~ATTITUCK~ N.Y. Hamlet Lot 21 Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated NOVEMBER 7, 1990 pursuant to which Building Permit No. 19513-Z dated NOVEMBER 9~ 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 2ND STORY ADDITION TO EXISTING ONE FAMILY DWELLING The certificate is issued to FLORENCE ALFANO (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL UNDERWRITERS CERTIFICATE NO. PLUMBERS CERTIFICATION DATED Rev. 1/81 N-173500 - FEB. 8~ 1991 APRIL 5~ 1991 - FRANK J. MEYER ~/~'Z~Inspector SOUND BEACH DRIVE N 52'00'00" E 50.00' Z ~ ~~ SURVEY 0F .... · X,,,,~ / BLOCK 1 / ~*~ MAP OF /~ ' CAPTAIN KIDD ESTATES ~ FILE No. 1672 FILED JAN. 19, 1949 ~ / ~ MATTITUCK INLET / SUFFOLK COUNTY, NEW YORK ' / ~:' S.C. TAX No. 1000-99-01-21 L ~* I --"'~' SCALE 1"=20' ~ ~ dUL 2, 1991 o S 52'00'00" W 50.00' Joseph A. Ingegno L~nd Survoyor Riverhe~d, New York 11901 (5~ 6)z27-2090 Fox ~ (516)369-2009 I ~g~g~Om_. I 91-147A / 7;:-]/e A/Wm &er I.~ 70Z /.9