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6601
//¢ /',3 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. G~ehringer George Horning Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 R CE V Er FINDINGS, DELIBERATIONS AND DETERMINA MEETING OF NOVEMBER 15, 2012 ~.~/ ZBA FILE 6601 $outhold Tow~ Clerk NAME OF APPLICANT: Diane Ryan SCTM#1000-110-4-13 PROPERTY LOCATION: 320 Fleetwood Road (corner Hamilton Avenue) Cutchogue 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 I1 category of the State's List of Actions, without further steps under SEQRA. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: Subject property is a non-conforming 28,821 sq. ft. lot located in the R-40 zone district. It is improved with a single family dwelling with 171.36 feet along Fleetwood Road, 150.71 feet along Hamilton Avenue, 150.00 feet on the southern property line and 233.57 feet on the western property line as shown on the site plan & foundation plan prepared by Kevin P. Bertolini, Architect dated 12-14-2011 last revised 10-1-12 as job #1112. BASIS OF APPLICATION: Request for Variance from Article XXIII Section 280-124 and the Building Inspector's September 18, 2012 Notice of Disapproval based on an application for building permit for partial demolition and additions/alterations to an existing single family seasonal dwelling at: 1) less than the code required front yard setback of 40 feet, both streets on this corner lot. RELIEF REQUESTED: The applicant requests relief from code section 280-124 which states "This section is intended to provide minimum standards for granting of a building permit for the principal buildings of lots which are recognized by the town under 280-9, are nonconforming and have not merged pursuant to 280-10". For lots between 20,000 and 39,999 square feet the required front yard setback is 40 feet. The proposed additions indicate front yard setbacks of 12.9 feet and 31.11 feet. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on November 1, 2012 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 true and relevant and makes the following findings: 1. Town Law §267-b(3)(b)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The house and the existing setbacks have been in place since before 1977 and the small addition proposed to the dwelling, in the existing non-conforming area of the lot, Page 2 of 3 November 15, 2012 ZBA File#6601 - Rym~ CTM: 1000-110-4-13 will be in keeping with the existing architectural construction of this house and with the surrounding homes in the neighborhood. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. Due to the existing location of the dwelling, any additions to the front of the dwelling would require variance relief. The applicant wishes to construct a covered porch addition so that she may take advantage of a water view from her property. The proposed location is the only logical location to integrate a porch into the existing flow of the house. 3. Town Law §267-b(3)(b)(3). The variances granted herein are mathematically substantial, representing 67.4% relief from the code on Hamilton Avenue and 22% relief from the code on the Fleetwood Road. However, the applicant's builder, Bay Creek Builders LLC, has submitted to the Board, a listing of homes in the neighborhood with similar non-conforming setbacks. In addition, the proposed covered front porch is only 193 square feet in size with only 65 square feet beyond the code required front yard setback on Fleetwood. No change to the existing non- conforming setback on Hamilton is proposed. 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 applicant will be required to comply with Chapter 236 storm water code and the Suffolk County Health Dept. regulations. 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 purchase. 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 covered porch 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 Dinizio, seconded by Member Weisman (Chairperson), and duly carried, to GRANT, the variances as applied for, and shown on the site plan & foundation plan labeled Al.l, dated 12-14- 2011 last revised 10-1-12 as job #1112, and the Floor plans labeled A-2.1 last revised 9-5-12 and elevations labeled A-3.1 last revised 9-5-12 prepared by Kevin P. Bertolini, Architect. 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(s) granted herein as shown on the architectural drcavings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, 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. Page 3 of 3 - November 15, 2012 ZBA File#6601 - Ryan Vote of the Board: ,4yes: Members IVeisman (Chairperson), Goehringer, Dinl2io. Absent were Members Schneider and Horning. This Resolution was duly adopted (3-0). Leslie Kanes Weisman, Chairperson Approved for filing ///~,{tt/2012 I I Z - ~'57o 45' 00" ~v -. I 12'-9" mil Im I° - - 15o.o-6' - J( ) 12) ~lO TREA--TTES BMk.~.y --(2) ~d O TREATED B~ -- r~ ' ~ ~lO 53'-6' 42'-77~" 8'-6' 8'-6' 8%6. 8'-7~' (3) 2x8 TREATED BM 'REATED BM'=~J~"(~'~ (2)2<IOTREATEDSM , ~',~__j (2) 2<IOTREATED~GM. {3) ~ TREATED GM C.O E~ISTING CRAWL SPACE TO REMAIN///~ / 10'_87~'' ~ ~ I(~ ~10TREATED SM (2) Z(I 0 TREATE[D BM k.~ EXIST'WELL 70 BE EAPPED - NON WORKING PUMP TO BE RELOCATED ON DECK VERIFY (3) 2X12 TREATE~)~ ,~ r~ '--~ (3) ~12 '~F~EATED E)M L_ _ _J L_ _ _J CRAWL SPACE [_ _ _J ~ _ J 'l 32 X'24 ACCESS TO NEW C P~,WL w/ DO{3R/PANEL IN ~WALL RECEIVED OCT O 3 2012 BOARD OF APPEALS FOUNDATION NOTES ~FOUNDATION PLAN Y4' :1'-0" UNDER FLOOR VENTILATION REQUIREMENTS UNDER FLOOR VENTILATION BETWEEN BOTTOM OF FLOOR JOIST AND THE EARTH UNDER ANY BUILDING (EXCEPT SPACE OCCUPIED BY A BASEMENT) SH,aJ.L SE PROVIDED WITH VENTILATION OPENINGS THROUGH FOUNDATION WALLS OR EXTERIOR SPACES,THE MINIMUM NET AR~mA OF ~/ENTILATION SH~ed-L NOT SE LESS THAN 1 SQU/NRE FOOT FOR EACH 150 SQ. FT. OF UNDE[R- I~LOOR SPACE. EACH VENTILATING OPENING SHALL BE WITHIN 3 FEET,OF EACH CORNER[ OF THE BUILDING, TOTAL AREA MAY BE REDUCED TO 1/1,500 IF CONCRETE SLAB IS INSTALLED WITIH VAPOR BARRIER. ALL CONSTRUCTION DEBRIS IS TO BE TOTALLY REMOVED FROM N..L UNDER-FLOOR SPACES SEFORE BUILDING IS OCCUPIED, 1. CONCRETE. All concrete shaft ettaln a minimum of ES00 Frei (air I~ ~AL MAP Site Plan & Foundation Plan l~roposed Add&don & Almration for hffxs. Diane Ryan 320 Fleotwood Rd, Cutchogue, NY 11935 K.e-,fi.n P. Bcrtolini ATA 14 Corsa Street, Dix Hills, NY 11746 SUFFOLK COUNTY iCLIMATIC AND GEOGR/ PHIC DESIGN CRITERIA SUBJECT TO DAMAGE FROM (3ENERAL REQUIREMENTS (3ENEF~L CONSTRUCTION NOTES 1. ,Nldlmensionsamtorough~'amlng, BonotanaledmNng& Uselfigurnddlmensions, 2 CUTFING AND PATCHING: Eaeh eubcontraefor or lrade shall be rashonsible for doing their own cui~ng and pefching unlees arrangerrents am mede Nih the General 0anlra~tor to do so. Veti~ any questionable cutSnit with Ibe Nohtiestlprior to pedC~ 3, Ail Mructural matarlel or essanbles s~jaot to doletiarefion whleh might become stiu~torally unsound it unpmleded shall be Pmtsc~d in avcerdance ~th generally ac~eptad efanda rds as per the SMta Code at time ,of con,act s~gning. 4. ~NcRETE:~N~c~n~ratssha~attsinam~nimum~f3~ti~ps~(aireefra~ed)esmpressNestmngth~ar28doys~ New~/bourabcon~ratsshallbekeptfmm freezing ~d aiM'and to cum in accordance Nth Ametiean Doncrata Insfitota slenderds. Garage Steps shall have 350ti psi s~ngth. 5. /81 footings shall extend to undistod:~d virgin soil having e ~nlmum beating cadaolty,of one ton per square foe[ (Graded sand Nth gravel). The batten ef all footings shell be minimum of 3' th 4' betow finish grade. Maximum pitch ratio for stepped toeflngs sbell be I in 2. 6. /81 raimbmlng bern to be intermediate grade 60 deformed bern, Ail ~o American Concrete thstitole and American Re[nfoml~ Cannra~ lest~foto~efsnpardo. Minimum of 30 diametam lap on all imfl~es. 7. Sillan~hominalltoundolJonwalisshallbeS/8"dia.'j"beflewith3x3x~' washers. Maximumef3'-0'oncentar, 8"lmmeschcamsr, esd6"eachsidoof joints in sift ptata. Minimum of tw~ bolts per member. N~ sills to be pressure treated lumber, have sill insulatian and 2OZ copper tamtita shield, as per code. Minimum 8" psne~efian into concrete ~. STRUCTURAL STEEL: All efsel to be ASTM A.672 Grade 50, all fabrica~en and emotion shsil be in conformaese Nih Amehcan leslJtsta of Steel Donsin,e~on spseifica~ns and sthndords. Ail field esnneefiana to be bolted conneeftons and afl stsel to be shop pdmed and rapainted after lesisllat~on. Mialmum of 4" and be~ng on all beams. 9. LUMBER: Ail shuefural lumber shall cooform th State Cnde, Pmdu~t Use Manual of Westhra Wood Produefs Aanocle~ns and Rw, tx~dand Grade Guide ef ~a Ameriesn Plywood As~osiafien. Species Nt lumber to meet er exceed Ihs folla~ng standards of quell[y: Hedzoatsl framing members (joist and raftam) to be Douglas Fir -Lamh, Constru~an grade, min. Fb = 950 psi and E =1,500,000 Ver~al framing members (Studs) fo be Douglas Rr - Lamb sim,G=J grade Fo = 525 psi and E = 1,400,D00. 10. NI ply,~med sheathing shall be exle~or grade Nth wats~roef glue in coofarmaese Nth Amedcan R~mod AesoolalJon ~pedfcalbm and gradi~,g. 11. FRAMING: Re,ldo double jacks at each=side ~ ver~oal openings. Provide Doable raters, joist or haada's andl blmmem at all fleer and roof opsnlr~& Provide metal tension ties crees bedding at mexJmum of 8'-0' on esefer anefJnuous from wall to wall for fianr end ceiling jolsL Pmv~e itmlY, o~ng on all load beating walls as per section R-6S2.8 of the New York Gleta Realdanfial Cnde requirements. 12. GYPSUM BOAED: NI,gybeum bead shall be 1~2", unless noted othe~se. Provide minimum 5/~" Type X flrecede 60 in garage and belier mom areas. Ail gypsum board in befhmoms shall be molsto re resistoef gypau m board Provide 1/'2' Wonder board or Dororo~k ceman~ous Iba~kar bour~ in all sb:~a' and tub areas and behiab tile. All gypsum beard r~all have tape and three coats of sp~ckle and be sanded smooth ready for painting. 13. Alt WINDOWS as sbe¢ified shall be double glazed, have 'waathemthppl~g and h ave ¢oesealed flashing a nd drip cap. Ail ~thdo~ units shall be provided v~h full scmees andllouklng harclvare. 1 ¢ .NI ELECTRICAL and MECHANICAL WORK shall be installed in stlef conformance Nth the Naitanal FJe3th~al Code and have Undor~itafs Laboratory approval. AIl mecbenl~al work shall be laid out and Installediin a fimt class and quality manner. Sbppy ',~:~'kmenship ~1 be mjestod. 15. Frovlde hard Nred SMOKE and CARBON MONOXIDE DETECTORS with battery hackup in all bedresms, areas outside of bedrooms,and each/~r es Par section R-313 of the 20f ti RCNYS Code requirements. 16. Ail eflic exhauef fans, If pmvidod, Shall be Installed with means for autometie sbut-offin the avant of a ¢¢e 17. FIRE ALARM SYSTEM: ahal include an automatic shutoff to all meohankral fans and buraere Nthin the buiMing to insure that when he alarm system is activated, that ail fans and bumera NIl be sh ut off to prevent the possible ~mab of tire or smoke. ICE SHIELD UNDERLAy- MENT REQUIRED FLOOD 8'_tr~- EX3STING KITCHEN EXIS TING DINING AREA 4'-7~" 12'-0' EXISTING LIVING ROOM EX/STING SCREEN POROH 12'-05~" II I]. EXISTING BEDROOM BATH C.T FLOOR ?HEEL BEDROOM #2 BEDROOM #1 PORCH WALL F!.R_.S, FLOOR PLAN Y~ =1-0 12) 2x8 29'-5'~4' TW2442 TW2442 (2);~8 ~ FINAL MAP REVIEWED BY ZB.a SEE DECISION # DATEDuI / p. ECEIX/ED BOA~.D OF APPEALS WPICAL CONSTRUCTION NOTES ROORN~: ~HN_T~IBEg(~)iSS SHiNGlES TO MATC~ Floor Plans Kevia P. Bertolird AIA 14 Cox-sa Street, Dix HRIs, ~ 11746 FRONT NORTH ELEMATION 114" = IM)" WEST SIDE ELEVATION 1/4 "= 1'-0" REAR SOUTH ELEVATION 1/4 "= 1'-0" I SEE ~ NOmS.GC SHALL J E~I.~E IN HIS PRICE A 8'i'A~K j - ~rONE P~-rNMNG WALL A6 FINAL MAP REVIEWED BY ZBA SEE DECISION # DATED Il I1 RECEIVED 0 CT 0 1 2017_ BOARD OF APPEALS TYPICAL CONSTRUCTION NOTES I:c)~g :: Elcvstions Proem: P~:oposcd Addition & Alteration £ot 3v[rs'. Dime Ryan 320 Fleetwood Rd, Cutchogtm, NY 11935 14 Cma Street, Dix FIill% NY 11746 BAY CREEK BUILDERS, LLC D.W. MCGAHAN TELEPHONE (631) 734-6270 RESIDENTIAL DESIGN CONSTRUCTION AND CUSTOM RENOVATIONS RO. BOX 602 CUTCHOGUE, NY 11935 November 5, 2012 Southold Town Zoning Board of Appeals 53095 Main Road, P.O. Box 1179 Southold, New York 11971 RECEIVED NOV 5 2012 BOAr,,D OF APPEALS Re: Diane B. Ryan #6601 As per the request of the members at the scheduled hearing on November 1, 2012, I am providing the following additional information for your deliberations: Percentage of proposed construction that is non-conforming: The proposed covered front porch is 193 square feet, 65 square feet of which is beyond the allowable set back line. This calculates to 33.5% of the porch is non-conforming. The proposed new construction, both living area, and porch and decks is approximately 2236 square feet, of which 2.9% is in the non-conforming area. The existing house and all of the proposed additions, including living area, rear deck and front covered porch is approximately 2980 square feet, of which 2.1% is in the non- conforming area. Examples of other non-conforming houses on the same street with regard to the front yard setback: The house adjacent to Ryans, # 550 Fleetwood Road measures 28' to Fleetwood road and 20' to Hamilton Avenue. Further to the east on Fleetwood Road, there are only 2 or 3 properties that are large enough to be conforming. Other examples of non-conforming lots are: # 835 Fleetwood Road, the house measures 5' from the road. # 875 Fleetwood Road, the house measures 16' from the road # 905 Fleetwood Road, the house measures 27' from the road # 945 Fleetwood Road, the house measures 20' from the road. To the west of Ryans, the house on the corner of Fleetwood Road and Pequash Avenue. The house measures 28' to Fleetwood Road and the deck is 20' from the road. I I I N 32° 15' 00~V 233.57' J © S 32" 15' 00" E / / / / / 150.71' / / RECEIVED BOARD OF APPEALS / / .':lrlNqAV NOI-IIIAIVH To: Bay Creek Builders for Diane Ryan P O Box 602 Cutchogue, NY 11935 FORM NO. 3 NOTICE OF DISAPPROVAL RECEIVED OCT 0 BOARD OF APPEALS DATE: September 18, 2012 Please take notice that your application dated September 11, 2012 For a partial demo & additions & alterations to an existing one family seasonal dwelling Location of property 320 Fleetwood Road, Cutchogue, NY County Tax Map No. 1000- Section 110 Block 4 Lot 13 Is returned herewith and disapproved on the following grounds: The proposed construction on this non-conforming 28~821 sq. fi. lot, is not permitted pursuant to Article XXIII Section 280-124 which states; "This section is intended to provide minimum standards for granting of a building permit for the principal buildings of lots which are recognized by the town under 280-9, are nonconforming & have not merged pursuant to 280-107' For lots between 20,000 & 39~999 sq. fi.~ the required fxont yard setback is 40'. The proposed additions indicate front yard setbacks of 12.9' & 31.11' on this comer lot. Authorized Signature TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown. NorthFork. net Examined ,20 Approved ,20 Disappr°ved a/c Tl[( ~,/[~ ~ Expiration ,20 PERMIT NO. 8EP 11 2012 BLDG DEPT. TOWN OF SOUTHOLO BUILDI~ PERMIT APPLICATION CHECKLIST uo you have or need the following, before applyi.ng? Board of Health 4 sets of Building Plans Planning Board approval Survey_ Check Septic Form N.Y.S.D.E.C. Trustees C.O. Application Flood Permit Single & Separate Storm-Water Assessment Form Contact: Mail to: Phone: Building Inspector APPLICATION FOR BUILDING PERMIT INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, tbe 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 tire property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for air addition six months. Thereafter, a new permit shall be required. APPLICATION 1S HEREBY MADE to the Building Department for the issuance ora Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffblk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code al:u:l, regulations and to admit authorized inspectors on premises and in building for necessary inspectiol]s. (Signature o'~]~icant or name, ifa corporation) (Ma ngaddress ofapplidant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises D ( q'~144' ~2~,14 (A% 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. [ ,% ( o ~ Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on whi~ proposed work w~f done: House N~-mber - 'S~r~e~ County Tax Map No. 1000 Section [ ! CD Block Hartffet Lot ~ Subdivision Filed Map No. Lot State existing use and occupancy of premises and intende~ use ahd occupancy of proposed construction: a. Ex~stlng use and occupancy ~'t ~0~.4 ~, ~ r t~ b. Intended use and occupancy 3. Nature of work (check which applicable): New Building Repair Removal Demolition 4. Estimated Cost 5. If dwelling, number of dwelling units If garage, number of cars Addition Other Work Fee Alteration (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' Depth 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 Real' Depth 9. Size of lot: Front Rear Depth 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES /"NO __ 13. Will lot be re-graded? YES__ NO Will excess fill be removed from premises? YES NO 14. Names of Owner of premises Name of Architect Name of Contractor Address Phone No. Address Phone No Address Phone No. 15 a. Is this property within 100 feet cfa tidal wetland or a freshwater wetland.'? *YES NO __ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES · IF YES, PROVIDE A COPY. NO STATE OF NEW YORK) SS: COUNTY OF ) being duly sworn, deposes and says that (s)he is tile applicant (Name of individual signing contract) above named, CONNIE D. BUNCH . . , Notary Publk~, State of New York (S)He is the (---~'- No. 01BU6185050 ~;;~,~ ;. Su[~oik County (Contractor, Agent, Corporate Officer, etc.) Commission Expires April 14, 2~)1~ of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file tiffs 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 tbe application filed therewith. S)v~obeforemethis ~ | day of .~::~.~'m~e¢~lO°-~[20 I~:~. Notary Public Signature"%f Applicant RECEIVED Filed By: Assignment No. 0 C T 0 1 2012 BOARD OF APPEALS APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE HouseNo. ~,~1.~ Street ~O1) ~ Hamlet SCTM1000 Section I[0 Block ~ Lot(s) I 3 LotSize~Zone I (WE) APPEAL THE ~TTEN DETESTATION OF THE BUILD~G ~SPECTOR DATED~ BASED ON S~VEY/SITE PLAN DATED ~- ~-~ Applicant(s)/~ner(s): ~ ~ ~ ~ ~ ~ ~ Mailing Address: ~g~ Og~0~ ~ ~ ~~ ; ~ Telephone: ~lb ]~-~] Fax: Email: 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: NameofRepresentative: ~006 ~6~6N for(~ner( )Other: Address: P-o ,~ bo%: Eo~OK~; ~. Telephone: ~q-6~L~0 Fax: ~q-b~ Email: ~O¢n~~ ~.~ Hease check to spec~ who you wis~orrespondence to be mailed to, from the above names: ( ) Applican~Owner(s), ~Authorized Representative, ( ) Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED ~-' _~ -' ~ ~t and DENIED AN APPLICATION DATED t~.. gl' ~l~. FOR: 0dfBuilding 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, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article: Y,~ Section: ~.~,t}-'~-~ Subsection: Zftt~c~ Type of Appeal. An Appeal is made for: (*9'~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, (tO'has 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 of~ice for assistance) Kevin P, Bertolini AL& _tit c hi t c c t 631 -g$4-0087 14 Co~sa Street, Dix 14i11.% NY 11746 I I 12'-9' Z Proposed Addition & Alteration fo~ l~rs. I~i~m'~e Rym-~ 320 Fleetwood Rd. Cutchogue, NY 11935 Partial Site Plan s~: ~,"= v-o,. I Al-) -1 Name of Owner: ~{~'M~ ~¥/~11 ZBAFile# OCT 0 ! 2012 REASONS FOR APPEAL (Please be specific, additional sheets may be used with preparer's signature notarized): BOARD OF APPEALS 1. An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby propertiesifgranted, because: [~tZ~XI.Si~) C6XxI~"B~ ~,Ji,LA.-0t~dk"~bt'l"l~r'[~%l T~ {~'[Iklq 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: '~' ~.1[~1~ ~ ~ ~ I~'~'- 3. The amount of relief requested is not substantial because: ~ ~t~J~lqt-.~ ~t~'~,Ai~J~-5 ~ 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: ~ '~:~.~1~1> ~ ~ t~Ol~Sl~'-t'}~'l%~ 5. Has the alleged difficulty been self created.'? { } Yes, or {v}~o Why: Are there ~y Coronets or Ros~ictions conco~ ~is lan~? {~o { } Yes (plo~se ~ish ~ copy) This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. Signature of Applicant or Authorized Agent (Agent must submit written Authorization from Owner) Sworl~t.o before me this [ day '~C~ELLE DISTASIO Nota~' Public, State ot New York No. 4994753 Q ualified in Suffolk County ~,ssion Expires May 22, 20 ~/_~J APPLICANT: ~)t fi M~ ~ ~ 1. For Demolition of Existing Building Areas Please describe areas being removed: APPLICANT'S PROJECT DESCRanPTION -~'~) / DATE PREPARED: O~V~g~P-- I~ II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed. If yes, p ease prowde 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: .gl~L~- Number of ~loors ~d Changes WITH Alterations: ~t~Lg g~ : 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: 7_~. Percentage of coverage of your lot by bulldin~ area: V. Purpose of New Construction: ~ VI. Please describe the land contours (fiat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficult~ in meeting the code requirement (s): ~ RECE~.VED BOARD OF APF~AL5 Please submit 8 sets of 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. 4/2012 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION Is the subject premise~isted on the real estate market for sale? Yes i/No Are t~re any proposals to change or alter land contours? V No Yes please explain on attached sheet. 1.) Are there areas that contain sand or wetland grasses? ~ 2.) Are those areas shown on the survey submitted with this application? 3.) Is the property bulk headed between the wetlands area and the upland building area? f 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved survey. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? $J ~ Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting?, la 0 Please show area of the structures on a diagram if any exist or state none on the above tine. Do you have any construction taking place at this time concerning your premises? 1o ~ yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: ........ . If Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. Do you or any co-owner also own other land adjoining or close to this parcel? '~---'5. If yes, please label the proximity of your lands on your survey. Please list present use or operations conducted at this parcel 5'~6LC' and the proposed use g/r~.-~ . · (ex: existhg single family, proposed: same with garage, pool or other) Authorized sign-'~[-~l~at e RECEIVED OCT 01 2012 BOARD OF APPEALS 617.20 Appendix C ~/-~ / State Environmental Quality Review FOF CEiVED SHORT ENVIRONMENTAL A$$E$$MENT For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) ,-, r* ~ OP~:~.S 1. APPLICANT/SPONSOR I 2. PROJECT NAME ~o.~O~D~(-~ ~'~' '" 3. PROJECT LOCATION: Municipality ~Z~ ~,.~ ~o ~-~"(.~Gik~' County 5~*C"~"'~I-~.,-' 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) 5. PROPOSED ACTION IS: [] New [~ Expansion [~ Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: l~(.~ ~){ {~ 7. AMOUNT OF LAND &FFECTED: Initially g~(~" -~:. acres 'c'~t~ , Ultimately ~(:~ -'~=. ac~es 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ~ Yes [] No If NO, describe bdelly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ~/Residenfial [] Industrial [] Commercial Describe: [] Agriculture [] Park/Forest/Open Space [] Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes ~No If Yes, fist agency(s) name and permltiapprovals: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes L_~No If Yes, list agency(s) name and permit/approvals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODiFiCATiON? F'-~ Yes ~o I CE R..T~-Y/THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sp°nsorn~L: ~I ]~J~{"~ i~'A~-v~'~l~J~' Date: I If the action is in the Coastal Ama, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment I OVER A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 817.4? If yes, coordinate the review process and use the FULL FAF. E~] Yes r-"j No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be supemeded by another invelved agency. j'~ Yes E]No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten,/f legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patfem, solid waste production or disposal, potential for erosion, drainage or tiooding problems? Explain briefly: C2. Aesthetic, agricultural, archaeological, histo~c, or other natural or cultural resources; or community or neighborhood character? Explain briefly: Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain bdefly: C4. A community's existing plans or goals as offidally adopted, or a change in use or intensity of use of land or other natura~ resources? Explain briefly: C5. Growth, subsequent development, or related activities tikely to be induced by the proposed action? Explain bdefly: C6. Long term, short term, cumulative, or other effects not identified in Cl-C57 Explain briefly: C7. Other impacts (including changes in use of ei{her quantity or type of energy)? Explain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTASLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes [] No If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain briefly: PART Ill - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: Foreach adverse effect identirted above, determinewhetherit issubstantial, large, important orothenvise significanL Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversthility; (e) geographic scope; and (f') magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part il was checked yes, the determination of significance must evaluate the pefentfal impact of the proposed action on the environmental characteristics of the CEA. ] Check this box if you have identified one or more potentially large or significant adverse impacts which MAy occur. Then proceed directly to the FULl. EAF and/or prepare a positive declaration. [] Chec.k this box if you have determined, based on the informeflon arKI analysis above and any suppo~ng documentabon, that the proposed action WiLl. NOT result in any significant adverse environmental irspacts AND provide, on attachments as necessary, the masons supporting this determinabon Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Date Title of Responsible Officer Signature of Preparer (Il different from responsible officer) ' RECEIVED AGRICULTURAL DATA STATEMENT / 0 l ZONING BOARD OF APPEALS TOWN OF SOUTHOLD BOARD OF APPEALS WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval, use variance, area variance or subdivision approval on property within an agricultural district OR within 500feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: DO L~ d, L&~ Nt (. _~_. A- t-I-t~ 2. Ad~essofApplic~t: 0.~, ~ ~2 ~O~- ~ ~lq~ 3. Name ofL~dO~er (ffo~er~Apphcant): ~l~ ~Y~ 4. Ad~essofL~dO~er: I~ O~ ~o~)~d~,~. il~X 5. Description of ~oposed Project: ~,~t~4 ~*~ ~: ~ Z g~, ~ ~, ~ 6. Location of Prope~: (road ~d T~ map number) ~ ~ ~: e~o~ ~. ~O& IIO-~-i) 7. Is ~e parcel wi~in 500 feet ora f~ operation? { } Yes {~o 8. Is ~is parcel actively h~ed? { } Yes {~o 9. Name ~d ad&esses of any owner(s) of land within the agricul~ral dis~ict conta~ing active fa~ operations. Suffolk CounW Tax Lot numbers will be provided to you by the Zonhg Board Staff, it is your responsibility to obtain the cu~ent names and mailhg addresses ~om the Town Assessor's Office (765-1937) or ~om ~e Real Prope~ Tax Office located in Riverhead. NAME and ADDRESS (Please use the back of this page if there are additional property owners) Signature of Applicant Date Note: 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this stat~nent. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM 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: (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company, lfso, indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Variance Change of Zone Approval of Plat Other (activity) Building Permit Trustee Permit Coastal Erosion Mooring Planning RECEIVED OC~ 0 ! ?017_ I~OARD OF APPEALS 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 employee owns more than 5% of the shares. YES NO [~ If you answered "YES", complete the balance of this form and date and 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 that 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 ~ of~20 ~.~ Signature Print Name ~t~(.., ~ ~ C6ff/~;~l AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM of town officers a-~OARD OF ]XppE~L$ The Town of Southold's Code of Ethics prohibits conflicts of interest on the part nu employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: ,I YA .q (Last name, first name, m ddle n tml, unless you are apply ng in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Variance ~ Change of Zone Approval of Plat Other (activity) Building Permit Trustee Permit Coastal Erosion Mooring Planning 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 employee owns more than $% of the shares. YES NO ~ If you answered "YES", complete the balance of this form and date and 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 (cheek all that apply): __ A) the owner of greater that 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 ~7~dAay of ~P'~' ,20 Signature Town of Southold LWRP CONSISTENCY ASSESSMENT FORM RECEIVED OCT 0 A. INSTRUCTIONS BOARD OF APPEALS '1. All applicants for pqrmits* 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 Waterfront 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. DESCR T, ON Or SITE An PROPOSED ACTION SCTM ilo 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 of action: Location of action: Site acreage: Present land use: 320 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: (b) Mailing address: (c) Telephone number: Area Code ( ) co:~[ '~,~- (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 ora coastal location, and minimizes adverse effects of development. See LWIRP Section III - Policies; Page 2 for evaluation criteria. []Yes [] 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 LWRP Section III -Policies Pages 3 through 6 for evaluation criteria [] Yes [] No [~ (Not applicable - please explain) No Z-24897 FORM NO. 4 TOWN OF SOUTMOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. (~RTIFICATE OF O~CUPJ%NCY Date FEBRUARY 7, 1997 RECEIYED BOARD OF APPEALS THIS CERTIFIES that the building. Location of Property 320 FL~BTWOOD ROAD House NO. County Tax Map No. 1000 Section 110 Subdivision ACCESSORY CUTCHOGUE ~ N.Y. Street Hamlet Block 4 Lot 13 Filed Map NO. Lot NO. conforms substantially to the Application for Building Permit heretofore filed in this office dated FEBRUARY 4~ 1997 pursuant to which Building Permit No. 23910-Z dated FEBRUARY 6, 1997 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 STOPu%GE S~D IN REAR Y~/qD "~ BUILT" AS APPLIED FOR The certificate is issued to (owners) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL UNDERWRITERS CERTIFICATE NO. PLUMBERS CERTIFICATION DATED ROBERT J. $CHRODER & ORS. N/A N/A N/A Rev. 1/81 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT office of the Building Inspector Town Ball Southold, N.Y. pRE EXISTING CERTIFICATE OF OCCUPANCY No Z-24899 Date FEBRUARY 7~ 1997 THIS CERTIFIES that the buildin~ ONE F~ILY D~.T.ING Location of Property 320 F~TWOOD ROAD CUTCHO~UE~ N.Y. House No. Street County Tax Map NO. 1000 Section 110 Block 4 Lot 13 Subdivision Filed Map No. Lot No. RE!CE[VED OCT t~: >~:~ BOARD OF APPEALS Hamlet conforms substantially to the Requirements for a One Family Dwelling built Prior to: APRIL 9, 1957 pursuant to which CERTIFICATE OF OCCUPANCY NUMBER Z-24899 dated FEBRUARy 7~ 1997 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE F~/~ILY S~SCEAL DWELLING * The certificate is issued to (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL UNDERWRITERS CERTIFICATE NO. PLUMBERS CERTIFICATION DATED *PLEASE SEE ATTACHED INSPECTION REPORT. Rev. 1/81 ROBERT J. SCHRODER & ORS mia N/A u il~lng Inspector LOCATION: SDBDI¥I$ ION DANE OF OWNER BUII.D[NG DEPARTNENT TOI{B Of SOUTDOI.D DOUSING CODE INSPRC+ION REPORT 320 FLEETWOOD ROAD CI{TCHOGUE, N.Y. (number & street) (municipality) HAP RD. LOT(s) ROBERT J. SCDRODER & ORS. OCCUPANCY A-I RES. (type) (owuer-teuant) ADNITTED BY: Kg¥IU NcRILLOP ACCOtIPANIED BY: SA~E KEY AVAIL~daLE SUFF.CO. TAX HAP NO. {O00-l{{-&-13 F RECEIVED BOARD OF' APPEA/$ D~ELLING: TYPE OF CONSTRUCTION WOOD FRfil~ ~ STORIES ONE FOUNDATION POSTS CELLAR CRA~FL SPACE TOTAL ROO~S: lET FLR. & 2HO FLR. 3RD FLR. BATEROON (~) {/2 TOILET ROOH (s) UTILITY EXITS 2 ACCESSORY STRUCTORES: GARAGE, T~PE OF CONST. STORAGE, TYpE CONST. , GDEST, TYPE CONST. VIOLATIONS: CIIAPTER 45 N.Y. STATE UNIFORN FIRE, PREVENTION & BUILDING CODE LOCATION DESCRIPTION ART. SEC. REHARKS: BP ff23910-Z - CO Z-24897 (ACCY SHED) Board of Zoning Appeals Application AUTHORIZATION (Where the Applicant is not the Owner) RECOIl/ED BO/kP'D OF ]k_~//~ A/~' ~ )~/9 ~residing at (Print property owner's name) o hereby authorize (Mailing Address) (Agent) ~'~/9 Y' ~/5'~----~K ~U//-49e/~-5 to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. (Owner's Signature) (Print Owner's Name) /~r~o- "/~- 7'-~TOW'N OF SOUTHOLD PROPERTY RECORD CARD ~/- /~'~ OWN ER ' t~ORMER owNER STRELq' 3'~O RES. LAND AGE SEAS. /3~o VL TOTAL FARM DATE BUILDING CONDITIOI' NEW NOR~v~AL BELOW 'Farm Acre Value Per Acre T~oble 1 q~able 2 Tillable 3 Woodland Swampland Brushland~ ~ House Plot Tara I VILLAGE W COMM. lIND. DISTRICT SUB. ACR~GE TYPE OF BUILDING CB. j M~SC. J Est. Mkt. Value ABOVE Value FRONTAGE ON WATER M. Bldg. Extension Extension Breezeway Garage Foundation Basement ' Ext. Walls Fire Place Patio Porch Porch Bath F oars /~,~.X: J'Interior Finish 'N~ Heat /~'~C~'..,,__ Roof Type ~rP.,.,~(' J R~m~ 1st Flor Rooms 2nd Floor Driveway Dormer ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631 ) 765-1800 southoldtown.nor thfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville October 4, 2012 Zoning Appeal No. 6601 Transmitted herewith is Zoning Appeals No. 6601 of Doug McGahan for Diane Ryan- the Application to thc Southold Town Zoning Board of Appeals. Also enclosed is thc Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Agricultural Data Statement, Transactional Disclosure Form, LWRP Consistency Assessment Form, Copy of Application for Building Permit Dated September 11, 2012, Copy of Notice of Disapproval Dated September 18, 2012, Two Page of Photos of Property, Copy of Property Record Card, Copy of Certificate of Occupancy No. Z-24897 for Accessory Storage Shed in Rear Yard "As Built" Dated February 7, 1997, Copy of Pre Existing Certificate of Occupancy No. Z-24899 for One Family Seasonal Dwelling Dated February 7, 1997, Copy of Housing Code Inspection Report Dated January 30, 1997, Authorization Letter from Diane B. Ryan to Doug McGahan, Copy of Partial Site Plan Dated September 18, 2012 Prepared by Kcvin P. Bertolini-AIA, Full Copy of Site Plan, Two Pages of Plans Showing Floor & Elevations of Proposed Construction Dated September 5, 2012 Prepared by Kevin P. Bertolini-AIA. ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 10/2/12 ZBA # NAME CHECK # AMOUNT TC DATE STAMP RECEIVED 6601 Ryan, Diane 9035 $500.00 OCT 4 20~ Southold Town C~erk $500.00 By lc Thank ou. Town of Southold P.O Box 1179 Southold, NY 11971 Date: 10/04/12 * * * RECEIPT * * * Receipt~: 142625 Transaction(s): 1 1 ZBA Application Fees Reference Subtotal 6601 $500.00 Check#: 9035 Total Paid: $500.00 Name: Clerk ID: Bay, Creek Builders Douglas Mcgahan P.o. Box 602 Cutcho~ue, NY 11935 CAROLH Internal ID: 6601 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 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, NOVEMBER 1, 2012 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~ NOVEMBER 1, 2012: 11:15 A.M. - DIANE B. RYAN #6601 - Request for Variance from Article XXlII Section 280- 124 and the Building Inspector's September 18, 2012 Notice of Disapproval based on an application for building permit for partial demolition and additions/alterations to an existing single family seasonal dwelling at: 1) less than the code required front yard setback of 40 feet, both streets on this corner lot, located at: 320 Fleetwood Road (corner Hamilton Avenue) Cutchogue, NY. SCTM#t 000-t t 0-4-13 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 email: Vicki.Toth~.Town. Southold.ny.us Dated: October 17, 2012 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (MailinglUSPS) P.O. Box i179 Southold, NY 1197t-0959 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of AFFIDAVIT OF POSTING (Name of Applicants) Regarding Posting of Sign upon Applica~.t's Land Identified as SCTM parcel#1000- ~o ~ d,- COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Dox)6~tC¢ eetc~.A%~/¥M residingat ~Le .q~.C~.u~X~ ~06'. Co ~ ot ~(~ ~q:- , New York, being duly sworn, depose and say that: On the [ 5- day of O/~CI> 6 ~2-XL. ,201/-., I personally placed the Town's Official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of- way (driveway entrance) - facing the street or facing each street or right-of-way entrance,* and that I hereby confirm that the Poster has remained in place for seven (7) days prior to the date ofthe subject hearing date, which hearing date was shown to be }atN. t , ~t2. (Signature) Sworn to before me this ~_~ Day of Oc-R- ,2012- (Not~/¥/Public) MICHE[.LE DISTASIO Notary Public, State of New York No, 4994753 Qualified in Suffolk County f,~ C~mmi~i~n Expires May 22, 20/_._~ * near the entrance or driveway en,trance of my property, as the area most visible to passerby. TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of AFFIDAVIT OF MAILINGS · 0',lame of Applicants) SCTM Parcel # 1000- ilo ~ ti- I ~j COUNTY OF SUFFOLK STATE OF NEW YORK I, IDa°(, ~-/X5 ~-c ~ .~-~t~ residing at New York, being duly sworn, deposes and says that: On the [ ~" day of Ot;lm~t- ,201,2.~ I personally mailed at the United States Post Office in C,o'~,~,a~; ~- ., New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a tree copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners s/hown on the current assessment roll verified from the official records on file with the (~Assessors, or ( ) County Real Property Office for every property which abuts and is across a public or private street, or vehicUlar right-of-way of reco.rd, surrounding the ap~erty - --(~gnature) S..~om t6 before me this 15'~ay of(~:~¥~.~- ,2017_ (~ (Notary Publi[q~ ' GAlL A. GHOSIO Notary Public, State of New York No. 6163270 Qualified in Suffolk County . .. Commission Expires March 19,20 t.'~ PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. $5.75 $ ~).~5 $ $5.'/5 10/15/2012 $0.~5 $2.35 $ $5.75 10/15/2012 [ .. ~.[].~..__.~_,..~: ...................................... [o%%ox~0~.~ ~ ~ ~ ..................... ~iE2~N ............................................... TO~I Postage & Fee $ $5.25 10/15/2012 ,.-=l $2.~5/~ $0,~? $5.~5X $0.q5 $2,~5 $2,35 Total Postege & Fees $ $5.'~'~ [~PO~xNo.~-~}7~ ............. ~ ~ 0 ~'~' ...................................................... ~ ~ ~. ] . ................ ,,, ............... ~.,.~..,.,.,. Total Postage & Fees $ · Complete items 1, 2, and 3. Also complete item 4 if Restricted Deliven/is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the maiJpiece~ or on the front if space permits--~ ~'F ~)// 1. At,cie Addressed to: -- 2. Article Number (Transfer from service PS Form 3811, Febn~ary 2004 · B. R~ ~LPq~), I C. Dateof Delivery 4. R~ ~ ~ ~) ~ y~ 7011 3500 0001 1681 7388 BAY CREEK BUILDERS D.W. MCGAH^N P.O. BOX 602 CUTCHOGUE, NY 11935 · Complete items 1, 2, end 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 2. A~cle Numbe~ (rmn~w from sen~ce ~)e0 ps r~m 3811, Febm~y 2004 [3 Agem [~ Addressee C. Date of Delivery D. Isde~my ~mnl? I-Iyesj n Immmd Ma~ nC.O.D. 4. Res~,n~'~d ~,er'~ ~ Fee) OY~ 7011 3500 0001 1681 7463 7011 3500 0001 1681 7456 10o0 U.S. POSTRGE £UTCHOGUE. NY 935 OCT 15. RMOUNT $5.75 1935 00056769-03 m · Complete items 1, 2, and 3. AJso complete Item 4 ff Resblctecl Oetk, e~y Is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailplece, or on the front if space permits. 1. Article Addressed to: 2. NtlcJe Number- ~ from serv,~e labe~ PS Form 3811, February 2004 I-I Agent [] Addressee B. Received b Printed Name) [] No Receipt for Memhandise X 4. Restricted Delivery? (Extra Fee) [] Ye~ 7011 3500 0001 1682 0104 Domestic Return Receipt · Complete Items 1, 2, and 3. ,Nan complete Item 4 if Restdeted Delivery is desired. · Pdnt your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 2. ArUole Number PS Form 3811, February 2004 ' address different from item 17 ~lf YES, enter delivery address below: [] No r'lF~ I~,'Retum Receipt for M~ Fl Ineumd Il [] C.O.D. 4. RestriCted Delivery? (F_x~a Fee) [] Yes 7011 3500 0001 1681 7371 Domestic Return Receipt · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front U s~ace permits. PS Form 3811, February 2004 [] Agent [] Addressee X B. Receivs~y~.~ ~I~U~ ( Printed Name) C. Date of Delivery isdelive~yaddmssdlfferer~fromlteml? [] Yes ff YES, enter delivery address below: [] No [] Insured M~ ~i~ ~dl~e [] O.O.D. Reetfloted Delivery? ~_xtra Fee) 0 Yes 7011 3500 0001 162,1 7401 Domestic Return Receipt #10905 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 25th day of October, 2012. Sworn to befor..e..; me th s LE G~-~orlc~ soc:mou) ~ewa ZONe~G BOARD OF APPEALS THURgDAy NOVEMBER 1, 20]2 PUBLIC HEARINGS NOTICE IS HEREBy GIVEN~ pur- suant to Section 267 of the Tovm L~w and Town Code Chapter 280 (Zouing),Town of Southold, the following puhbe bear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, $~095 Main Road~ RG. Box 1179, SouthoM, New York 11~71-0999, on ~HUR,~D~Ay N~- · _ -~6550~ Re-opened hy .Resolution for the sole purpose Of reviewing the proposed construction method for the fot~datinn and the preservation of por~o~ of the exist- mg dwelling as de~ri~ and granted m the originai dec~$ion #6550, located at: 50 Jackson Street New SUffolk, NY. Va~aa~e from A~ide XXIii Se~ilon 280-122A ~the Budding r~pector,s Septe~0, ~2012 N6ti~e df Disap- secona story re-co~f~60 16 ~ exist- code requfred ~ilm side Ya~-d setback of 15 feet, 2) less than the ~,ode required combined s~de yard setbacks of 35 feet, located at: 9280 Na~au Point Road (adj. to Peco~ic Bay) Cutchogue, NY. SCTFM~100G118~.6 ~',4~ AJI4~ - EMILIAimM ILY~. ~ - Request for Variances from Article flI Section 280-15(B & C) and the Building Inspector's September 24, 2012 Notice of Disapproval based week(s), successfully commencing on the Principal Clerk on an application for building permit to construct an addition to an e)dsting accessory building at: 1) more than the code permitted maximum height of 22 feet, 2) more than the cede permitted square footage of 3% ma;fimum, located at: 1700 Park Avenue (adj. to Great Pc- conic Bay) Mattituck, NY. SCTM#1000_ - Request for Variance from Article XXIII Section 280-124 atfd the Building Inspector's September 18, 2012 Notice of Disapproval based on an application for building permit for partial demolition and additions/alterations to an ex~sting single family seasonal dwelling at: 1) less than the code required front yard set- back of 40 feet, both streets on this cor- ner lot, located at: 320 Fleetwood Road 124 and tho Building Inspect0i-,s Jtfly 27, 2012i updated October 4 20~ Notice of Dis~pjprovai based on an application for buil~gPen~it for "as built" shed and .d. eck; a ..&l?'tion t0 an existing slngle faro uy aweumg at: l) I~'~ than the Code-re- qui~d minimum ~id* yard ~etbach of 10 yard *etbach of 35 feet, loeatad at: 2085 Bay Avenue (edj to Maofion I~ake) ~st mA,fo u~e~ge andld~fi~eo a~ s~ #1~00-10~2.24, based on the Building fnspe~tor's June 14, 2012, updated S~F- tember ~0i 2012 Notice of Disapproval, which states adjoining conforming or ssze co~forms to the current bulk sched- R-40 Residentiai Zone District) this Iht ~s merged whh Iht 1000-104-2.23,1heated at: 137~ and I475 Slerling Road (corner CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01V06105050 Quoliflec~ In Suffolk County My Commission Expires Feffiuo~y 28, 2016 Horton Road) Cutchogue, NY. SCTM#'s 1000-104-2.24 & 23 · - equestTor Vari- ance from Article XXII, Section 280- 116(B),based on the Building Inspector's August 14, 2012 N~otice of Disapproval concerning an application for construc- tli,o,n of a new single family dwelling at: ,, ~ess than the Code-required minimum setback of 75 feet from a bulkhead, lo- cated at; 400 Old Cove Blvd. (comer Beverly Rd.) (adj. to Arshamomaque Pond aka Mill Creek) Southold, NY. SCTM#1000-52-2.14 auce from At,cie XXIII Section 280-124 and the Building Inspector's October 2, 2012 Notice of Disapproval ba~ed on an application for building permit for additions and alterations to an exist- lng ~welling at: 1) less than the code reqmred front yard setback of 40 feet, both streets on this comer Iht, located at: 1240 Inlet Drive (comer Miriam Road) Mattituck. NY SCTM#1000 99-2-6 The Board of Appeals will bear all persona or their representatives, desir- ing to be heard at each heating, and/or desiring to submit written statements before the conclusion of each heating. Each hearing will not start earlier than des!gnated above. Files are available for rewew during regular business hours and prior to the day of the hearing. If you have questions, pleas9 contact our office at, (631} 765-1809, or by email: Dated: October 17,2012 ZONING BOARD OF APPEALS LESLIE KANES WgISMAN, CHAIR- PERSON 54375 Main Road (Office Location) 53095 Main Road (Malltuo~tUSPS) P.O. Box 1179 So#thold, Ny 11971-0959 1_0,905-~T~10/25 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold NAME RYAN, DIANE B. #6601 MAP # 110.-4-13 VARIANCE SETBACKS REQUEST FRONT PORCH EXTENSION DATE: THURS, NOV. 1, 2012 11:15 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-TOWN OF SOUTHOLD 765-1809 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 October 9, 2012 Re: Town Code Chapter 55 -Public Notices for Thursday,November 1, 2012 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 October 15th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al_JI 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 durinq the hearing, providing the returned letter to us as soon as possible; AND not later than October 22nd: Please either mail or deliver to our office your Affidavit of Mailinq (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature c~[ds are returned to you later by the Post Office, please mail or deliver them to us before the sclleduled 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 October October 24th : 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 applicantJagents responsibility to maintain sign until Public Hearing) Securely place the sign on your property f~cing 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 October 30, 2012. 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, 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 Southold, NY 119714)959 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 November 19, 2012 Doug McGahan Bay Creek Builders, LLC P.O. Box 602 Cutchogue, NY 11935 RE: ZBA Application #6601, Ryan Dear Mr. McGahan: Transmitted for your records is a copy of the Board's November 15, 2012 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above variance application. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please call the office. Sincerel~x , Vicki Toth Encl. Cc: Building Dept. N ~UFFOLK (~