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HomeMy WebLinkAbout6647 BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Oantes Gerard P. Goehringer George Homing Ken Schneider http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Southold Town Hall 53095 Main Road · 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 ,4...R~ /o' o-'z::, MAY 2 9 2013 · FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 16, 2013 ZBA FILE: 6647 NAME OF APPLICANT: Richard Zahra PROPERTY LOCATION: 445 Marlene Lane, Mattituck, NY CTM 1000-143-3-29 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 11 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: The Applicant's property is a 14,575 sq. ft. parcel in the R-40 Zone. The northerly lot line measures 143.69 ft. along an adjacent parcel, the easterly lot line measures 100 ft. along another parcel, the southerly lot line measures 147.32 ft., and the westerly lot line measures 100 ft. along Marlene Lane. The property is improved with a single family dwelling, as shown, with proposed and "as built" deck and patio additions, on the Site Plan drawing A-1 prepared by Unique Designs, and dated March 8, 2013. BASIS OF APPLICATION: Request for Variances from Article XXIII Section 280-124 and the Building Inspector's January 23, 2013 Notice of Disapproval based on an application for building permit for "as built" deck and raised patio addition to existing single family dwelling, at: 1) less than the code required minimum rear yard setback of 35 feet, 2) more than the code permitted maximum lot coverage of 20%. RELIEF REQUESTED: The applicant requests a variance for a rear yard setback of 12.3 feet for an "as built" concrete raised patio addition with an attached wooden deck, where Code requires a 35 feet setback, and requests a second variance for 23.51%o lot coverage, where Code permits 20%. ADDITIONAL INFORMATION: The Applicant submitted information relating to other variances that have been granted for rear yard and lot coverage setbacks for other properties within the neighborhood. Several adjacent neighbors submitted letters of support for the Applicant's project, and there were no objections to the project, as proposed by the Applicant, that were submitted by any residents of the neighborhood. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on May 2, 2013, 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: Page 2 of 3 - May 16, 2013 ZBA File#6647 - Zahra SCTM#1000-143-3-29 I. Town Law §267-b(3)(b)(D. Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The deck is not visible from the neighboring property along the rear yard lot line, and is also screened from this neighbor's house by a buffer of approximately 300 feet of mixed woodland trees and shrubs. Other properties within the neighborhood have been granted variances for similar rear yard setbacks and total lot coverage. 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. More than 50% of the Applicant's deck and patio lies within a non-conforming rear yard setback, the construction exceeds the Code permitted 20% lot coverage, and was built without the required permit, in a non-conforming rear yard location whereby the variances are necessary. 3. Town Law §267-b(3)(b}{3}. The variance granted herein for a 12.3 feet rear yard setback is mathematically substantial, and represents +65% relief from the Code required 35 feet setback. However, this relief is mitigated by the approximately 300 feet of woodland area, (located in the rear yard of the neighbor's property), that separates the applicant's rear yard from the neighbor's useable rear yard and house. The variance granted herein for lot coverage of 23.51% is not mathematically substantial and represents +17% relief from the Code permitted 20% lot coverage. 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 constructed the deck and patio in a relatively flat lawn area. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law {[267-b(3)(b)(5). The difficulty has been self-created because the Applicant proceeded to build the deck and patio without first securing a building permit, and/or the variance(s) that became necessary. 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 finishing construction of a new deck and patio, 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 Homing, seconded by Member Weisman (Chairperson), and duly carried, to GRANT. the variances as applied for, and shown on the Site Plan drawing A-1 prepared by Unique Designs, and dated March 8, 2013. CONDITIONS: 1. The raised deck and raised cement patio shall remain open to the sky. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department ora 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 drawings, 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. Page 3 of 3 - May 16, 2013 ZBA File#6647 - Zahra SCTM#1000-143-3-29 The Board reserves the right to substitute a similar design that is de mmimis in nature for an alteration that does not increase the degree of nonconformity Vote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Schneider, Homing, Dantes. Resolution was duly adopted (5-0). Leslie Kanes Weisman, Chairperson Approved forfiling ~/~/ /2013 This PLOT PLAN PROPERTY LINE 78.91' PROPOSED PATIO ABOVE GRADE CONCRETE YITR BLOCK AND STEPS PROPOSED REAR WOOD DECK ON SEPARATE 36'-5" APPLICA~ON !6.3' 2 STORY FRAME HOUSE & GARAGE PROPERTY LINE 21.~/ PROPEIRTY LINE 100.01' =: , I RAILING HIGH. DECK CABINET _) CONCRETE SLAB CONE. BLOCK EARTH FILL B" CONE, BLOCK 12'-10" FOUNDATION FLOOR PLAN SCALE; 1/4" = 1'-0" EXIST. HOU: E OEOKI I I I I L I II II CONCRETE SLAB ,, i I: PATIO ABOVE ORADE CONCRETE WITH I r BLOCK AND STEPS I )E ~3'-0" RAILING HIGH. ¢ON ON ' ABE FIRST FLOOR PLAN SCALE: 1/4" -- 1'-.0" CROSS SECTION DFTAILS SCALE: 1/4" = 1'-0" GENERAL NOTES 1, THE GENERAL C?'!FRAUTOR SHALL SUB~¢,IT IN WRITING DETAILED, TRADE BY' TRADE. SCHEDULE C,- FHF COMPLETE PROJECT INDICATING A COMPLETION DATE. 2. THE GENERAL (.ON ,;,*¢'~'CR $i1ALL VERIFY ALL FIELD CONDITIONS ANC DIMENSIONS AND EE Rr ~PONDIBLE FOR FIELD VERIFYING QUALITY OF WC NO., ALLOWANCES SHAt B: AOE IN BEHALF OF The CONTRACTOR FOR AN ~. ~ROR OR NEGLECT ON H 3 PA,-~F.~,, .3. ALL WORK SHAL~ CONFORM TO THE RULES AND REGULATIONS OF THE ,~EW YORK STATE RESd i,,TI/L CODE, AND THE NEW YORK STATE ENERGY CONSERVATION CO, E. 4. DIMENSION FIGU.fES SHALL ALWAYS DE TAKEN IN PREFERENCE TO SCALING OF DRAWINGS, ALL DR ZNSIONS AND COND~!ONS MUST SE FIELD VERIFIED BEFORE ORDERING MATERIA S. 5. ARCHITECT IS K 3T RESPONSIBLE FOR SUPERVISION. iNSPECTiON OR ADMINISTRATJON Of THIS CONSTRUCTION PROJECT. 6. ALL ELECTRICAL WORK SHALL BE UNDERWRITERS APPROVED AND COMPLY WITH ALL STATE Y 40 LOCAL CODES. 7. ALL SOPHIST AFtE TO CONTINUOS VENTED. B. SEAMLESS LEAD£RS AND GUTTERS AT ALL NEW ROOF SLOPES. PROVIDE CONCRETE SPLASH BLOCK AT TERMINATION OF ALL LEADERS. 9. ALL LUMBER IN CONTACT WITH CONCRETE SHALL BE PRESSURE TREATED. 10. CONTRACTOR TO PROVIDE FLASHING AT ALL EXTERIOR WALL OPENINGS AND ROOF INTERSECTIO['S. STEP FLASHING ~LL BE PRO~DED AT ALL CHIMNEYS IN CONTRACT WITH Ti E ROOF. ALL VENTED PIPES OR OTHER PROTRUSIONS SHALL BE PROPERLY FLASHED WITH BASE AND CAP FLASHING, 11. CONTRACTOR Ti} VERIFY ALL WORK WITH MECHANICAL AND ELECTRICAL CONTRACTORS TO ;OORDINATE LOCATION OF SLEEVES, PIPING, DUCTS, CONDUIT AND ELECTRICAL OUT.ETS. 12. CAULK AND SEAM ALL JOINTS PROVIDING A POSITIVE BARRIER AGAINST THE PASSAGE f.;F AIR .~ND MOISTURE. 13, ALL CONTRACTORS SHALL CARRY PROPERTY DAMAGE AND PUBliC LiaBilitY INSURANCE AS RECUIRED BY OWNER, BUILDING MANAGEMENT AND GOVERNMENT AGENCIES HAVING EURISDICTION AS WELL AS STATUTORY REQUIREMENTS FOR DISABILITY BY JOB CONDITIONS AND/OR OWNER'S REQUIREMENTS. INSURANCE SHALL PROTECT OWNER, ARCHITECT, AND ANY OTHERS FROM LIABILITY DUE TO CONTRACTOR'S NEOLIGENCE. CERTIFICATES OF INSURANCE SHALL BE SENT TO OWNER AND DEPARTMENT OF BUILDING PERMIT PRIOR TO COMMENCEMENT OF ANY WORK. 15, ALL CONTRACTI)RS SHALL CHECK CONDITIONS AND TEXT ALL_ ELEMENTS UNDER THEIR JURi~OICTION WITHIN WORK AREA. ANY ITEMS FOUND INCONSISTENT FAULTY OR DAMAG' D DUE TO DEMOLITION OR ACCIDENT SHALL BE REPAIRED PATCHED OR REPL/,CED AT DISCRETION OF ARCHITECT AND AT CONTRACTOR!' EXPENSE. 15. CONTRACTOR L~ TO PROVIDE PROPER PROTECTION OF EXISTING AREA ~ND NEW WORK AND WFERE INADEQUATE PROTBCTION IS PROVIDED. THE CONTRACTOF IS TO REFURNISH .~URFACES AT HIS OW~ ~ EXPENSE. 16. CONTRACTOR SAALL BE RESPONSIBLE FOR REMOVAL OR DEBRIS PRODUCED AS A RESULT OF ALL WORK BY THEIR SUBCONTRACTORS OR THEIR OWN INSTALLATIONS SHfLL LEAVE AREAS BROOM CLEAN AFTER COMPLETION OF 17. ALL UNSATISF ,"TORy WORTr %HALL . REMOV-q AP ~E- r'vr? ]TED COST TO THE OWNi ,( OR ARCr,FFC'r. lB. ALL CHANGES I!HICH RESULT ,N EXTRA COST SHALL NOT r. OCEED WIT~ WRITTEN AUTHORIZ/TION BY OWNER, EXTRA COST PROPOSALS .,HALL BE SUBMITTED TO OWN-R FOR APPROVAL. 19, GENERAL CONTPACTOR AND ASK SU~tCONTRACTORS TO c, ~[ '¢ MJARANTFr THEIR WORK AND ,z L MATL .:, FOR MIN 1 "E ' ART~N. ~ROM THE COMPLETION OF TH JOB A~"¢ ACCEPTANCE OF THE COMPLETED PROJECT. 20. THE CONTRAG;}R SHALL BE RESPOND 3LE FOR ADEQUATELY BRACING AND PROTECTING ALL WnRK BUR:NG CONSTRUCTION AGAINST DAMAGE BREAKAGE, COLLAPSE, DISTORTON AND ',SAUgNM'-NT ACCORDING TO APPLICABLE COD: STANDARDS AND OB)OD PRA .CE. 21. GENERAL CON~3 ACTOR TO PROVIDE ANY TEMPORARY SHORING, UNDERPINNING, ANE ,'-,r~ TEMPORARY STRUCTURAL WORK REQUIRED FOR THE ADEQUATE EXECUTI, N OF THE JOB. 22. ALL PARTITIONS ,',9 JOINTS ARE TO BE TAPED, SPACKLED AND POLI~'HED SMOOTH AND READ F'. RECEIVE PAINT OR WALL COVERINGS. ALL CORNERS TO RECEIVE METAL CO~ ~ BEADS. STRUCTJRAL NOTES (1,) ALL STRUCTURAL "3RK SHALL BE PERFORMED iN STRICT ACCORDANCE W~TR THE NLW YORK STATE RESIDEN~ AL CODE AND WITH ALL RULES AND REGULATIONS IF ALL AGENCI£'~ HAVING JURISDICTION. 2. SOIL BEARING VA_t : IS ASSUMED TO BE TWO (2) TONS PER S.F. SUBJECT TO FIELD VERIFICATION, SOIL SFqLL JOE EXAMINED AND APPROVED FOR BEARING CAPACITY D-~ORE FOOTINGS AND LAID. !EARP'C RESULT TO BE SUBMITTED TO BUILDING DEPAR~ENT FOR THeir REVIEW. 3. CONCRETE WORK S~ALL CONFORM TO ACI 318 LATEST EDITION AND THE NEW YORK STATE RESIDEN~AL CrOE, IN CASE OF CONFLICT. THE NEW YORK STATE RESIDENT]AL CODE SHALL GOVERN, 4, NO FOOTINGS SHAL. BE POURED ON FROZEN SOIL, OR WHEN TEMPERATURE IS 40 DEGREES AND IS DROFPiNG. 5. ALL FRAMING LUMB :R BI, ALL BE DOUGLAS FIR LARCH #2 ( OR APPROVED EQUAL), STRUCTURAL GRADE ¥~ TH MINIMUM F-1 200 PSI, AND SHALL 8E GRADE MARKED AT THE MILL PRIOR TO DELIVE',tY AT THE SITE. 6. NO ,JOINTS OR RAF ERS SHALL BE CUR OR NOTCHED, BETWEEN SUPPORTS ~THOUT CONSULTING THe ARCI iTECT, 7, GROUT FOR STEEL GOLUMN BASES TO 8E NON-SHRiNK WiTH F C = 5000 P.S.I. 8, ALL EXPOSED CONC~Ei'E TO BE AIR ENTRAINED 9, FABRICATION AND ERECTION OF ALL NEW STRUCTURAL STEEL WORN SHALL CONFORMED TO THe ASIC SPECIFIC,~TIONS FOR TRE DESIGN. 10, ALL NEW STEEL SI-ALL CONFORM TO AS~-36 11, ALL CONNECTIONS SHALL BE WELDED USING ETOXX ELECTRODE BY CERTIFIED WELDER, OR BOLTED USING CO~.,MON BOLTS, ~" DIAMETER, ASTM A-307 (OR AS APPROVED BY ENGINEER), 12, FOOTING TO SEAR ON UNDISTURBED SOIL OR CONTROLLED STRUCTURALLY COMPACTED GRANULAR Fill HAVIN~ A MINIMUM BEARING CAPAU~[Y OF 3000 POUNDS PER SQUARE FOOT. 13. THE BOTTOM OF'EXTERIOR FOOTINGS SHALL BE A MINIMUM OF 3'-0" BELOW OUTSIDE ORADE OR AS INDICA~CD ON DRAWINGS & SOIL R£PORT. DESIGNS · DRAFTING SERVICES · CONSTRUCTION MANAGEMENT · PERMITS · ' BLUE PRINTS · EXPEDITING 250 FULTON AVE, SUITE 600 HEMPSTE~,D, NY 11556 TEL:516-485-4835 FAX: 516-485-4855 CELL: 516-924-4854 APPLICANT SEAL _. _ ,,,ARL ,_N _ ,NE, PROPOSED PATIO ABOVE GRADE CONTRACTOR SHALL VERIF ~ A ~~ F'ELD CONDITIONS AND L,IMENS,ONS Ar ) BE RFSPONSIBLE FOR Flm D FIT AND QbAL TY OF WORK, NO ALLCWANCES '~HALL Br MADE IN BEHALF OF THE OONTRACTOR FOR ANY ERROR ON NEGLECT ON HI; PART. DESCRIPTION D~' DRAWING TITLE PLOT PLAN, FOUNDATk FIRST FlO©,] PLAN, AND DETAil CHECK BY DATE 09-14-12 SCALE / S NOTED PROJECT# 2012-R-508 j EXIST. HOUSE CFI (~3'-0" RAILING HIGH. DECK CABINET 3 HIGH. II II REAR ELEVATION SCALE: 1/4" = 1'-0" HOUSE -3'-0" RAILING HIGH, RAILING HIGH. 3 2 LEFT, SIDE ELEVATION SCALE: 1/4" = 1'-0" 2 X 6 DECK JOIST 1¼" x 5I" DECKINC, ON 2 X 6- DECK J0!STS EXIST. TO MAI!~TAIN (2) :: :~ 10 GIRDER CCA TREATEg '; OR 4" STEEL COL '~' X24"X3'-0" DEL,- JURC3 FOOTING 2X6 LEDGER BD BOLTED TO HOUSE ,,CAI_E' 3/"8" EXIST CONC, FOOTING ; IQUE DESIGNS DRAFTING SERVICES · CONSTRUCTION MANAGEMENT · PERMITS · BLUE PRINTS · EXPEDITING 250 FULTON AVE, SUITE 600 HEMPSTEAD, NY 11550 TEL:516-485-4835 FAX: 516-485-4855 CELL: 516-924-4854 APPLICANT DRAFTING BY 250 FULTON AVE, SUIT[ G0F MAP, LENE LANE, . ,' T",-r,r, ,~ NY PROPOSED REAR WOOD DECK CONTRACTOR SHALL VERIFY ALL FIELD CQ~4DITIONS AND DIMENSIONS AND BE RESPONSIBLE FOR FIELD FIT AND QUALITY OF WOP" NO ALLOWANCES SHALL BE MADE IN BEHALF OF THE CONTRACTOR FOR ANY ERROR ON NEGLECT ON HIS PART. DE ~CR~TION DA__T__~ I DRAWING TITLE ELEVATION AND RECEIVED CHECK BY BOAteD OF' APPEALs DATE 09-14-12 SCALE AS NOTED A2 PROJECT # 2012-R-508 ICON Engineering, P.C. 26 Allenwood Road, Great Neck, NY 11023 - (516)481-8881 (516)860-4219 January 10, 2013 E_ngine_e_r_ipg Report Town of Southold Building Dept. Plan Examiner Re: 445 Marleue Lane Mattituck NY. Lot Coverage Calculation Existing House Lot Size = Lot Coy. % = 2678.0 sqf 14,575.0 sqf 18% FINAL MAP REVIEWED BY ZBA SEE DECISION # ~(~[~ DATED {'./tO /,,~1_~ New Deck New Patio - Minus Removed old shower and steps. -- Total Sqf. Proposed = Max lot Coverage allowed = % sql Coverage over- 418.0 sqf 403.0 sql 72.0 sqf~ 3427.osq 2915.0 sqT'-"20.O % 3.5 % FORM NO. 3 NOTICE OF DISAPPROVAL TO: Richard Zahra 445 Marlene Lane Mattituck, NY 11952 Please take notice that your application dated January 22, 2013 For an "as built" deck& raised patio addition to an existing single family dwelling at Location of property 445 Marlene Lane, Mattituck, NY County Tax Map No. 1000 Section 143 Block 3 Lot 29 Is returned herewith and disapproved on the following grounds: The "as built" addition is not permitted pursuant to Article XXIII Section 280-124 which DATE: January 23, 2013 RECEB/ED BOARD OF APPEALS statesl "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 280-10." For lots less than 2070~)"s,q. ft.~ the requi.red4ear yard setback is 35'. The deck & raised patio addition ar~ setback/f2.3 bom ffi~ rear 1~ line. Also, per Section 280-124, the maximum/16t coverage is 20%./The total requested lot coverage is 23.51%. ~ _~--~ ~AbCuthorized Signature Fee: $ Filed By: Assignment No. RECEIVED MAR 1 2013 BOARD OF APPEALS APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE HouseNo./~t/~/o~- Street /c//4/~Z~/_-A//~ Z.a Hamlet /,~tT~r/,'-o~/r' SCTM 1000 Section..~_BIock.~___Lot(s) .~ ~' Lot Size ,/t~ y,.~ Zone I (WE) APPEAL T~E WRITTEN DETERMINATION OF THE BUILDING ~NS~ECTOR DATED ./.,/~ ~.//~ BASED ON SURVEY/SITE PLAN DATED ~'//~//~-~ . Applicant(s)/Owner(s): l~ ; C~Cl cc[ .4 ~ ~ f~; e} ~- ~ ~c le 4 Mailing Address: W Telephone:~'~/"2Lqfr~'~-~// Fax:~-~,/-~.~<f'~-~// Emaii: ~7~ ll~ ~.&O~ 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: Name of Representative: for ( ) Owner ( )Other: Address: Telephone: Fax: Email: Please check to specify who you wish correspondence to be mailed to, from the above names: ~Applicant/Owner(s), ( ) Authorized Representative, ( ) Other Name/Address below: WHEREBY THEBUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN. ---- --~'///-'///2~ and DENIED AN APPLICATION DATED //.2-- ~// DATED ~) Building Permit ( ) Certificate of Occupancy ( ) Pre-Certificate of Occupancy ( ) Change of Use ( ) Permit for As-Built Construction ( ) Other: FOR: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article: ,>q y-..~q~r_rT' Section: .~r~~ - [ ~Z// Subsection: Type of Appeal. An Appeal is made for: (5~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 O. th/er A prior appeal ( ) has, (X~ has not been made at any time with respect to this property, UNDER Appeal No(s). Year(s). . (Please be sure to research before cornpletmg this question or call our office for assistance) 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 properties if granted, because: 2. The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to 3. The amount of relief requested is not substantial because: 4. The variance wile NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: 5. Has the alleged difficulty been self created? y~ ,es, or { } No Why: Are there any Covenants or Res~ictions concem~g ~is land? ~o { } Yes (please ~mish a copy) This is ~e M~IMUM that is necess~ ~d adequate, ~d a the sme time prese~e and protect ~e character of the neighborhood and the he~, safe~ and welfare of the co~uni~. Sw~n~ to before me this{) gi~y Not~ Public ~IB~ 101~ No. Ol~l~ ~ t SignatSire of Applicantj~r~,~ai~orized Agent (Agent must submit wri~?~,~fforization from Owner) APPLICANT'S 1. For Demolition of Existing Building Areas Please describe areas being removed: PROJECT DESCRI~I~ON DATE PREPARED: MAR 2 1 BOARD OF AppFAt S II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: ~ O' ~ g/.,~ G~ ¢ flr~- .kZT~t -"C:O 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, please 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:, T"~db-~"',CT'-~ey ~ Vj~T~'~v~, beg Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): / Existing square footage of buildings on your property: Proposed increase of building coverage: 4f'/~).. ~ Square footage of your lot: [ ~ ~"7._~~-' / Percentage of coverage of your lot by budding area: V. Purpose of New Construction: '-/~ .,&~ C~-' 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 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 premises listed on the real estate market for sale? Yes ./' No RECEIVED I/AR 2 1 2013 A~o there any proposals to change or alter land contours? No Yes please explain on attached sheet. BOARD OF APPEALb 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? 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 ar~a of proposed construction at or below five feet above mean sea level? Are there any patios, concrete barriers, bulkheads]or fences that exist that are not shown on the survey that you are submitting?. /][P Please show area of the structures on a diagram if any exist or state none on the above line. Do you have any construction taking place at this time concerning your premises~) 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? ~t2 If yes, please label the proximity of your lands on your survey. Ple~ase list present use or operations conducted at this parcel £ ~ ~r/v~ x.t/~.~ ~ ,.~)~ ~x~, and the proposed use /%~ ..~ ~t ~/~, ~Lr ~ ] - ' (~ . (ex: exi~ting~ingle ~amily, p'~;posed: same with garage, pool or other) Aufhorized signature ~a n~e ECEIVED AGRICULTURAL DATA STATEMENT' I AR 2 1 2013 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD OAR~ 0~: 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 Suffoll~ County Department of Planning in accordance with Section 259m and 239n of the General Municipal Law. 1. Name of Applicant: ~_r~/4Zl~l~ 2. Address of Applicant: .t;/. ~'_ t.~ 3. Name of Land Owner (if other tl~a~ Apl~li'cant): 4. Address of Land Owner: 5. Description of Proposed Project: ~/'~"-~,AC, ~ j'~,O 6. Location of Property: (road and Tax map number) /-]Z.] ~" /'~,t~Z~'~~' ~ ~ ~ a~7'7-/'7'-/~'~ ~ /d./.~ ~' .~ --...~ 7. ls the parcel within 500 feet ofa farm-ope~tion? { } Yes ~ Iq~ ...... Is this parcel actively farmed? { } Yes ~No Name and addresses of any owner(s) of land within the agricultural district containing active farm operation~%~Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsSl~ity to obtain the current names and mailing addresses from the Town Assessor~s Office (765-1937) or ~he Real Property Tax Office located in Riverhead. 4. '%, 6. (Please use the back of this page if there are additional Signature ofAppbcant~ Date / /,y 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 statoment. 2. Comments retumed 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. 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by ADpIicant or Project Sponsor) 1. APPLICANT/SPONSOR 12. PROJECT NAME 3. PROJECTL~ATION: ~~~ ~ Muni~pali~ .~ .~ ~C ~ C~ ~ ~ ~ ~ 4. PRECISE L~ATION (S~t add~s and road i~e~ions, pmmi~nt ~ma~s, etc,, ~ pro~e map) 5. PROPOSEDACTION IS: [] New [] Expansion r~ Modification/alteration RECEIVED 6. DESCRIBE PROJECT BRIEFLY: E~OARD ()F APPEALS 7. AMOUNT OF LAND AFFECTED: Initially ~..,<'",~'~.~ ~ Ultima~ly _~lz,.~~' ~ 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No, descfihe briefly 9. WHAT IS PRESENT LAND USE IN V C N TY Of PROJECT? Des(~:Residential [] Industrial [] Commercial [] 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, list agency(s) name and pemlit/approvals: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VAL D PERMIT OR APPROVAL? [] Yes r-~ No If Yes, list agency(s) name and permit/approvals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMiT/APPROVAL REQUIRE MODIFICATION? []Yes [~No ' CERT'FY THAT~'NF~MA~ pRgV,DED~BOVE 'S TRUE TO THE BEST OF MY KNOV~-EDGE Z/ Applicant/sponsor name: ~v-~,~'~z.~ ~ J~ Dale: ~ Signature: ~ I If the action is in the Coastal Ama, and you are a state agency, complete the Coastal Asseasment Form before proceeding with this assessmont I OYER A. DOES ACTION EXCEED ANY TYPE THRESHOLD IN 6 NYCRR, PART 617,47 If yes, coordinate the review process and use the FULL EAF. r~Yes [-']No B. VVILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS N 6 NYCRR, PART 617 6'~ If No, a negative deolarabon may be superseded by another involved agency. ~]Yes [~]No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED W1TH THE FOLLOWING: (Answers may be handwdtien, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattem, solid waste production or disposal, potential for erosion, dra nage or flooding problems? Explain briefly: C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or communi~ or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened o¢ endangered species? Explain bdeily: C4. A communky's existing p~ns or goals as officially adopted, or a change in use or intensity of use of land o~ o{her natural resources? Explain briefly: C5. Grow~, subsequent development, or related activities likely to be induced by the propessd action? Explain briefly:. C6. Long term, short term, cumulative, or other effects not identified in C1-C57 Explain bdeity: C7. Other impacts (including changes in use of either quantity or type of energy)? Explain bdefiy: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes [] NO If Yes, explain bdefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENT AL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] NO If Yes, explain briefly: PART Ill - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (al setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (el geographic scope; and (fl 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 II was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA ] Check this box if you have Idengfled one or more potentially la~e or significant adverse impacts which MAY occur. Then proceed directly to the FULl EAF and/or prepare a positive declaration. [] Check this box if you have determined, besed on the information and analysis above and any supporting documentation, that the proposed acfion WiLl NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination Name of Lead Agency Pdnt or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Date Title of Responsible Officer Signature of Preparer (If different from responsible officer) APPLICANT/OWNER i~ ECE]VEE: ~ TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and emp~yees. ~ie 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. Rm.~,Ap, D, ' OF APPEALS YOURNAME: ~~,~iC ~ (Last name, fi~t na~e, middle ini~l, unless you are applying in the name of someone else or other enfi~, such as a company. Ifso~ indicate the othe~ person's or company's name.) TYPE OF APPLICATION: (Cheek 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 5% of the shares. YES NO x~ 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 applicanUagent/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 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown. NorthFork. ni~t Examined ,20 Approved ,20 Disapproved a/c ~O '/~"~1~3, PERMIT NO. RECEIVED Expiration ,20__ ~ G OEPI BUILDIN~EkMIT APPLICATION CHECKLIST D0~'~d 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 C.O. Application Flood Permit Single & Separate Storm-Water Assessment Form Contact: Mail to: tr-~/¢ ~ (? O _7~ ,/,/O~.~ Building inspector 'LICAT1ON FOR BUILDING PERMIT Date .c~,,,,//~ ~4''- INSTRUCTIONS ,20 /2-_ a. Th~s_a~_fi~k¢~:o~~ ~-~': etely filled ill by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced witMn 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to tile Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit attthorized inspectors on premises and itl building for necessary inspections. ~" - -(Signature o'~'"-P'a~,j>i'~a~t or name, ifa~'-'aorporation) (Mailing address of appl~icant) State xvhether applicant is owner, lessee, agent, architect, engineer, general contractor electrician, plumber or builder Name of owner of premises (As on the tax roll or latest deed If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. Location of land on which proposed work Yvill be done: House Number Street Hamlet County Tax Map No. 1000 Section ! ~-/,..~ Block ~ Lot ~ ~ Subdivision Filed Map,No.. Lot State existing use and occupancy of premises and intended use and occupar/cy of rroposed construction: a. Existing useandoccupancy ~-c,/A~ (~ ~ b. Intended use and occupancy ~ l~ drC£//d_ 3. Nature of work (check which applicable): New Building Repair ~oval. Demolition 4. Estimated Cost /q~9,~c50 o 5. !f dwelling, number of dwelling units ff garage, number of cars Addition Alteration Other Work ./~/~'~X-'" ~ ~ (D~scription) Fee * .1 (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 Rear .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 Rear .Depth 9. Size oflot:.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 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__ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b..Is this property within 300 feet cfa tidal wetland? * YES__ NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. NO *-'" 16. Provide stLrvey, to scale, with accurate foundation plan and distances to property lines. 17. li~ ¢!evation at any point on property is at 10 feet or below, must provide topographical data on ~urvey. / 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 ) being duly sworn, deposes and says that (s)be is the applicant (Name of individual signing contract) above named, CONNIE D. BUNCH Notary Public, State of New York (S)He is the NO. 01I~USlSSOs~ (Contractor, Agent, Corporate Officer, etc.) Qualified in Suffolk Coun~ Commission Expires April 14, of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Notary Public S i g~,0~ Applicant Town of Southold Ao INSTRUCTIONS 1. LWRP CONSISTENCY ASSESSMENT FORM MAR 2 1 ZOB BOARD OF APPEALS All applicants ;For permits* including Town o£ Southold agencies, shall complete this CCAF [or 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. DESCRIPTION OF SITE AND PROPOSED ACTION The Application has been submitted to (check appropriate response): TownBoard [] Planning Dept. [~ Building Dept. [] BoardofTrustees [] 1. Category of Town of Southold agency action (check appropriate response): (a) (b) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent 0faction: Location of action: Site acreage: 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: ._~Y'/,~/'-/~..~'~? _~_.(-/~f'~2 (b) Mailing address: d/,~z.~-- ,,,9~r~z_j2~4_.~l.~ z:~ (c) Telephone number: Area Code ( ) ~o>/ ...2~J~' x4~..T// (d) Application number, if any:. Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No[~ Ifyes, which state or tkderal agency? ~'EC~]VE[)'~~f~ MAR 2 1 2013 DEVELOPED COAST POLICY ~C),'ARD OF APPEALS Policy 1. Foster a pattern of development in the Town of Soathold 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. [~Ves ~] 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-19922 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPkRTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY Date MAY 20, 1991 ~ECEIVE. D BOAR[> OF' APPEALS THIS CERTIFIES that the buildin~ Location of Property. 445 ~RT.F. NE L~qE House No. County Tax Map No. 1000 Section 143 Subdivision ADDITION LAUREL, N.Y. Street Hamlet Block 3 Lot 29 Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated JUNE 20r 1990 pursuant to which Building Permit No. 19156-Z dated JUNE 25r 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 DECK ADDITION & SCREENED IN PORCH ADDITION AS APPLIED FOR. The certificate is issued to ~owners) of the aforesaid building, SUFFOLK COUNTY DEPARTMEN~OF HEALTH APPROVAL UNDERWRITERS CERTIFICATE NO. PLt~dBERS CERTIFICATION DATED Rev. 1/81 RICH~.D I~ARIA ZAHRA FORM NO. 4 33697 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUP~NCY · r~S c~u~IFIES ~hmt the building NEW DWELLING ]~)catlon of Pretty: 445 ~U%RLENR LA LAUREL (HOUSE NO.) ISTREET) (HA/4LET) Co~mty Tax 9{ap No- 473889 Section 143 Blc~k 3 Lot 29 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated A~RIL 17~ 2007 pursuant to which Building P~rmit No. 32939-z dated APRIL 25, 2007 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DWELLING WITH COVERED FRONT PORCH~ SECOND FLOOR BALCONY AND ATTACHED THREE CAR GARAGE AS APPLIED FOR. The certificate is issued to RICHARD & MARIA ZAHRA (OWNER) of the aforesaid building. ~UF~OLK CO~f DEP~TM~NT OF H~a%LTH APP~OVAL R10-05-0022 04/30/09 BI~-£~,~.~C.,n~, ~TIFIC2~T~NO. 2094973 04/14/09 ~ u~KTIFICATION I~%-r~u 04/22/09 ~USSELL WILLIAMSON uthorize Rev. 1/81 /~o~-/~';-~-~ TOWN OF SOUTHO~ROPERTY RECORD CARD OWNER STREET Z/~'.~- ' VILLAGE DIST. SUB. ? ? RE'S. ~-Ic~ SEAS. VL.~ FARM COMM. CB. MISC. Mkt. Volue ~ND IMP. TOTAL DATE REMARKS ~/~ Z//~ ' T~ ~000 J I Z/*,I' ~ , Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER BrusMand FRONTAGE ON ROAD / House Plot DEPTH ~ ~ ~ ~ BULKH~D t D~K Total IJli ~-~ ,~h~..:~_~_ COLOR TRIM [¢,I,/..~ : 143.-3-29 2~08 ~-¢4.~d ~'J"/~/ = l~/'ff'7) ~- 5//?ou~n c8 Fin. B. Bath 3 Dinette g3y ~ =~-~ ~.~ ~ dation ~ / 'FML pARTiA, F'OO(S ~ Kit. ~xl~ = ~ 15o~~ ~80 ~ co.~o Extension ~ ~ ~ ~ ~ () Basement s~ ~ion ~xp--,~ ~ 3-~ //~ Ext. Walls~o~+l~~~ Interior Finish ~/~ L.R. E~tens~n Fire Place Heat D.R Patio / :~ ~ ¢= ~*~ ..... Woodstove __ BR. Porch' I%~= 7~ ~ ' 1 7 ~/~ Baths ~L~J ~ ............... 7~ .......... ~ Dock faro. Rm. A.C.- o Garage ~y/~ ~27 ~.so t2~0 ~ .~:, _ --. 0.8. F~34 )7, Pool ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 www. southoldtownny, gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville March 22, 2013 Zoning Appeal No. 6647 Transmitted herewith is Zoning Appeals No. 6647 of Richard & Maria Zahra- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Agricultural Data Statement, Short Environmental Assessment Form, Transactional Disclosure Form, LWRP Consistency Assessment Form, Copy of Certificate of Occupancy No. Z-33697 for One Family Dwelling with Covered Front Porch, Second Floor Balcony & Attached Tree Car Garage Dated May 7, 2009, No Opposition Letter from Neighbor Liselotte Urist Dated March 18, 2013, No Opposition Letter from Neighbor Rose Skuro Dated March 11,2013, No Opposition Letter from Neighbor Timothy J. McGowan, Three Pages of Photos of Property, Copy of Application for Building Permit Dated September 25, 2012, Copy of Property Record Card (Both Sides), Notice of Disapproval from Building Department Dated January 23,2013, Plans of Deck Showing Foundation, Cross Section and Lot Coverage Calculations Dated September 14, 2012 Prepared by Unique Designs, Plans Showing Elevations of Deck Dated September 14, 2012 Prepared by Unique Designs. Town of Southold P.O Box 1179 Southold, NY 11971 Date: 03/22/13 * * * RECEIPT * * * Receipt#: 147725 Transaction(s): 1 1 ZBA Application Fees Check#: 707 Re~mnce 6647 Total Paid: Subtotal $1,000.00 $1,000,00 Name: Mrz, Constracting Corp 127 Constantine Way Mount Sinai, NY 11766 Clerk ID: CAROLH Internal ID: 6647 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 3/22/13 ZBA # NAME CHECK # AMOUNT TC DATE STAMP .,RECErVED 6647 Zahara, Richard 727 $1000.00" MAR 2 2 2013 outhold 1tram aer~ $1000.00 ;Y Thank,,ou. Liselotte Urist 300 Narlene Lane P.0. Box 1436 ~ttituck, NY 11952 Narch 18, 2013 WD APR 2013 BOARD Of APPEALS TO WHON IT ~AY CONCERN Ny neighbor, Richard Zahra of 445 Narklene Lane, I~attituck is building a new deck and patio at his house. He needs a variance for this project. I have no opposition ~a-~ such a variance. Yo ~urs truly, Diselotte Urist Ms. Rose Skuro 305 Marlene Lane Mattituck, New York 11952 March 11, 2013 Town of Southold Zoning Board Town Hall Annex Building 54375 Route 25 P.O. Box 1179 Southold, New York 11971 ~ECE~VE~ ~0ARD OF APPEALS DearSim: I am writing to you to express my opinion regarding a backyard patio and deck constructed by Mr. Richard Zaham who owns property adjacent to mine. It is my opinion that the backyard patio and deck will pose no problem for me and is intended for family use when completed by Mr. Zahara. Very truly youm, Rose Skuro Timothy J. McGowan 555 Marlene Lane Mattituck, New York 11952 BOARD OF APPEAL~ To Whom It May Concern, I own the residence to the south of the Zahra property. I understand the Southold Town Building Department has requested that Mr. Zahra obtain a variance for a deck he would like to construct to the rear of his residence. As Mr. Zahra's neighbor, I am in agreement with the construction of the deck and would not oppose his variance request in any way. Sincerely, Timothy J. McGowan RECEZVED ~PR '~ ~ ~Oi~ 60ARD OF APPEALS Val Azzara 470 Marlene Lane Mattituck, N.Y. 11952 March 19, 2013 Town of Southold Zoning Board Route 25 Southold, N.Y. 11971 To Whom It May Concern, I am aware that Richard Zahra who resides at 445 Marlene Lane is requesting a variance to build a patio and deck onto his house. My house is on the west side of the street and poses no problem for me. I am in full agreement with his request for a variance to do the construction. Sincerely, ~ECE~VED ~OARD OF APPEALS March 18, 2013 TO: Members of the Zoning Board RE: 445 Marlene Lane Mattituck, NY 11952 Please be advised that we (Louise and Alan Richards) residing at 400 Marlene Lane, Mattimck, NY 11952 have no objection to the construction of the cement deck or patio that the above referenced party have requested building. /S~ncerely, / BOARD MEMBERS Leslie Kanes Weisman, Chairperson 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 htt p://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, MAY 2, 2013 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, 83095 Main Road, P.O. Box 1179, Southold, New York 1197t-0959, on THURSDAY, MAY 2, 2013: 10:80A.M. - RICHARD ZAHRA #6647 - Request for Variance from Article XXlll Section 280-124 and the Building Inspector's January 23, 2013 Notice of Disapproval based on an application for building permit for "as built" deck and raised patio addition to existing single family dwelling: 1) less than the code required minimum rear yard setback of 35 feet, 2) more than the code permitted maximum lot coverage of 20%, located at: 445 Marlene Lane Mattituck, NY. SCTM#1000-143-3-29 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: April 8, 2013 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME ZAH RA, RICHARD #6647 MAP # 143.-3-29 VARIANCE SETBACK; LOT COVERAGE REQUEST "AS BUILT" ADDITION DATE: THURS, MAY 2, 2013 10:50 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of AFFIDAVIT OF MAILINGS · ¢,lame of Applicants) SCTM Parcel # 1000- COUNTY OF SUFFOLK STATE OF NEW YORK New York, being duly sworn, deposes and says that: day of .Z-///3"" ,20/,.~, I personally mailed at the United On the States Post Office int , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown 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 record, surrounding the app[i, cant'.s property. Sworn t6 before me.this (Notary Public) 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. Postage Cedified Fee Return Receipt Fee (Endorsement Required) (Endorsement Required) Total Postage & Fees $0.~ 0948 13,10 07 Postmark RestriCted De very Fee I:~ (Endorsement Required} ~).0~ [ r--1 Total Postage & Fees ; ~ ~.11 O4115/2013 r--1 Sent TO .-- __ z..-.:Z,4 ,,-,,a E~ t, Apt. NO.~ ..................................................................... ci&-~i~*,'z£V.;~ ................................... ,c...:.._....- ~. ....................... $0.~ $3.10 $2.55 ~/15/2013 $0.~ ~3.10 ~..55 $ ~.11 Postmark Here 04115/2013 ri Postage Cer[ified Fee r"1 Return Receipt Fee r-'l (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $0.4~ $3.10 $2.55 $0.00 Postmark Here Postage Ce.ified Fee rq 09~8 $3.10 07 Postmack ~o~ Here $8.11 04/15/2013 · Complete items 1, 2, and 3. Also complete item 4 ff 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. 1. Article Addressed to: [] Addressee C. Date of Delivery Is dailvery address different Worn item 1 ? [] Yes If YES, enter delivery address below: [] No Ii Service Type [] Ce~flad Malt [] Express Mail [] Registered [] Ratum Receipt for Memhandise [] Insured Mail [] C,O,D. · Restricted D~ive~' (Extra Fee) [] Yes 2. At,cie Number PS Form 3811, February 2004 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 (he cad to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. A~ticle Addressed to: 2. ArUcle Number (Transfer from service labs0 X D. is delivery If YES, enter de iver Se~k3e Type [] Certified Mail [] Express Mail [] Reg~tered [] Ratum Receipt for Merchandise [] Insured Mail [] C.O.D. Extra Fee) [] Yes PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-15~u · Complete items 1, 2, and 3. Also COmplete item 4 if Restricted DelNery Is desired. · Print your name and address on the reveme 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. A. S/gnature B. Received by (Printed Name) D. Isdellveryaddmssd~a,entfromlteml? i-lyes If YES, enter delivery address below: I-I C.,er0fled Mail I'1 Express Mail [] Registered F3 Return Rec~pt for Merchandise I-I Insured Mail [] C.O.D. 4. Res~cted Deliv~ (~ Fee) 2. *Article Number [] Yes ('/'~ansfer from service/abe/) ~ PS Form 3811, February 2004 Domestic Return Receipt · Complete items 1, 2, and 3. Also complete item 4 it Restricted Delivery is desired. · Print your nar~eand addres~ on the reverse s.~ that we can return the card to you. · .~ttach this card to the back of the mailplece, or on the front if space permits. 1. A~tiaie Addressed to: (Printed Name) C. Date of Delivery D. Isdelive~yaddressdlfferentfromEeml? [] Yes If YES, enter delivery address below: [] NO 2. Article Number (Transfer from sewice ~abel) PS Form 3811, February 2004 3. S~vh=e Type .r-I Cerl~ed Mail [] Express Mail 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 reveme so thet we can return the card to you. · Attach this card to the back of the mailplece, or on the front if space permits. 1. ArflcleAddresaJdto: DAg~t Printed Name) D. IsdeiJveryaddressdifferent fromitem 17 i-I yes if YES, enter daiivery address below: [] No 3. Service Type [] Certified Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insumcl Mail [] C.O.D. 4. Restricted Daiivery? (Ex/fa Fee) [] yes 2. Article Number ~ransfer from sewice labeO PS Form 3811, February 20(N ~ Domestic Retum Receipt 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 Applicant's Land Identified as SCTM Parcel #1000- COUNTY OF SUFFOLK) STATE OF NEW YORK) /'~J~'7~_7%* '7~,c~/c' , New York, being duly sworn, depose and say that: On the Z/,/ day of .2 ~- ,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 of the subject hearing date, which heating date was shown to be Sworn to befqre me this ~/Dayo?p~ ~/ ,20l~ (Notary Public) VI~ TOTH ~: NewYo~ Qlml#~din~olkOourdy / ~ · Comm ss on Expires July ?8 20 ~(._ t * near the entrance or driveway en,trance of my property, as the area most visible to passerby. #11152 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 18th day of April, 2013. LEGAL NOTICE SOUTHOLD TOWN ZONING ~OARD OF APPEALS THURSDAY MAY 2~ 2013 PUBLIC HEA~JNGS ~OT~CE ISHEREBY GIVEN, suant to Section 267 of theTown Law and Town Code Chapter 250 (Z6ning),Town of Southold, the following public hear. ings will be bold by the SOIH~OLD TOWN ZONING BOARD OF PEALS st the Towa Ha~ ~ Road~ P.O. Box 113~, Southoh~ New Vo~ 11971-0~, on ~ ~ - (A~,/rom April 4, 20t3 PH~ Re-Opened per Bo~d Resolution. Based on the Bu/lding In- spector's March 5, ~113 Not/ce of Disap- proval based on work performed is be- yond the scope of the ZBA decision, 1) deemed a demolition and coastruedon of new single family dwelliag~ located at: 50 Jackson S~ze~t (adj. to Oreat Peconic Bay) New Suffolk, NY, SCTM#1000- 116-6-24.1 1~00 A.~. o MA1TITUCK PLAZA. LLC/ff~ - Request for Variances from Article HI Code Section 280-15 aid the Build/rig lnSlSe~tor's December 17, 2012 Not/ce of Disapproval based on an ap- plication for butiding permit for an "as built" accessory building, at: 1) located at lass th~n the code requ/red 25 feet from any property line, 2) more than the permitted lot coverage of 30%, lo. cated at: 10095 Main Road ales NYS 25, (comer Factory Avenue) Matfituck, NY. $CTM#1000-142-1-26 I~-..~A.M.. 1~1~1 ~ul SEVGi UYAN~ ~ - Requ~ ~or V~ from A~de ~I ~ ~,116 ~d the Buil~g l~p~'s Feb~ 2~, ~13 Noti~ of D~p~v~ ~ ai'~ a~fion for b~ pe~t for ~- ~ons ~d ~a~ to a ~e-f~fly t~d ~tba~ of 1~ f~t ~om ~e top of biu~ l~od ~t: ~5 CR ~ (~a No~ me this l~'~ . RICHARD ZAHR~ /~47 - Request for V~ r~ p~o ad~on to e~ ~e ~ ~ ~ y~ ~tha~ of ~1~14~3~~' Di~ovfl b~an ~ app~floa for for V~ from ~de ~-18 ~ulk S~ed~e) ~d thc Bull~g ~speaor's Febm~ 13, ~13 Notice of b~g pe~it for addi~ns and ~tera- 21~ Bw~'s ~ Road, (~mer No~ V~w D~ve ~d S0u~ ~cw D~vc) Off- - ~q~t for V~ from ~e tot's M~ 7,~13 Nofi~ of D~approv- fl b~ on ~ appli~tion for buil~ng ~und ~mmlng ~ at: 1) a~o~ week(s), successfully commencing on the Principal Clerk ~ dayof 0~---~ 2013. CHRISTINA VOLINSK! NOTARY PUBLIC-STATE OF NEW YORK NO. 01V06105050 Quallflecl In Suffolk County - Request for V~hme~ from ~ I 'tS f~t for add/I/Om ~ ~mio~ ~o IH ~de ~on ~15 ~ ~e [ ~e dw~ll!~z; 3) ~t q~On ~e n~ a ~ S~fion ~1~ ~ ~ B~d- ~ ~ ~ ~s ~.19, ~!3 No~ of N~ ~t,R~ (~. ~ ~e P~n- D~ppmv~b~a~f~ ~ ic Bay) ~o~ ~g~t~to~~ ~ 11~I; ; '~ ~ :. ~ pool b Prop~ ~a ~n o~ t~ ~e ~e ~ ~ ~ 2) lot ~ ~ ~ ~vera~e ~ more ~ ~e ma~m~ ~P~. - ~*~. M~*S ~ ~ ~ a~ l) g~41. Request for V~rim~e~ from Arfi- D~approv~ b~ed on ~ ~fion for b~ng ~t to ~h ~ m~n- stmct ~ e~g ~c ~y dwe~g, mum side y~d s~th~ ~e)(adj. m Requ~t for V~ from 13C ~d ~ B~g ~r's 6, ~13, amended M~h 14, ~13 of Dmpprov~ bm~ on ~ apph~on for b~ pe~t for side vgd setback of one ~ ~ b ~ at less ~ tl~ ~ ~qmr~ '~!~ side and rea/~.~ ~ ~ I0 f~t, 2) ~- Ond ~ b~ 1~ ct ~ y~d ~ of t0 ~ 1~ at: ~1~ ~ R~ (S~ Rou~ ~) ~. 5~1~1~3-39 d~fl~ ~ ~n ~d ~di- ~e a~ i) b~ ~t~ ~ ~ to~:~ ~ y~ ~:~ f~ 4) - ~,~r ~ ~m ~e , ~ ~n ~1~ ~d ~e B~g D~b~ on ~ ~ for b~t ~ "~ b~t" ~ ~- 1) more ~ ~e~ ~- mm let ~ of~; l~t~ a~ 155~ Ba~ Awonue ~npon, ~. S~1~52-~ ~ ~ of Ap~ will be~ ~ ~m ~ ~fiv~ d~r- ~m ~a~~or d~ ~b~i ~en s~temen~ ~o~ ~e ~d~on of ~ h~$ ~ h~ ~ not ~ e~er ~an ~ ~ ~ av~ab e for re~w ~ ~ b~ ho~ Y~ ~ ~ ~ ~n~a o~ 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 April 8, 2013 Re: Town Code Chapter 55 -Public Notices for Thursday, May 2, 2013 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 Suffolk Times. 1) Before April 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 all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible; AND not later than April 22nd: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later April 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 facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before April 30, 2013. 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. ? APPEALS BOARD MEMBERS Ruth D. Oliva, Gerard E G~hringer James Dillizio. Jr., C~.~ Michael A. Simon Leslie Kanes Weisman Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold. NY 11971-0959 Town Annex/F'u~t Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY { 1971 http://sou6nolahown.norlh fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9~64 FINDINGS. DELIBERATIONS AND DETERMINATION MEETING OF FEBRUARY,,2,~2007 ZB File No. 5995 - Doris and Arthur AJello Property Location: 615 Marlene Lane, Mattituck CTM 143-3-26 SE__~RA 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. RECEIVED PROPERTY FACTS/DESCRIPTION: The applicant's 11,275 sq. ft. nonconfom~ing parcel has 75 feat along the east side of Mariene Lane end lot depth of 151.10 feat along the southedy side line. The property is mnProved with a single-story, one-family dwelling, as shown on the September 17, 2002 survey updated November ?, 2006 by Pat T. Seccafico. BASIS OF APP ICAT ON: Request for a Variance under Sectkm 280-122 (formerly 100-244B), based on the Building inspector's June 16, 2006 Notice of Disapproval concerning a proposed 16' by 20' accessory garage which increases the lot coverage over the 20.89% permitted under Appeal No. 5298 (2003) and the 20% code limitation. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on January 25, 2007, at which time written and oral evidence were presented. Based upon all testimony, documenfation, personal inspection of the proparty, end other evidence, the Zoning Board finds the fallowing facts to be true end relevant: VARIANCE RELIEF REQUESTED: The applicants wish to construct an accessory 16' x 20' one-car, single- story garage and seek an area variance concerning their proposed 24.2% lot coverage for construction of a 20' x 16.' accessory garage at a max~num height of 18 feet measured from ground to the top of the ridge. The garage ~s proposed in the rear yard at a minimum of f~Jr feet from the rear and side lot lines. ADDITIONAL INFORMATION Appeal # 5298): Off May 1, 2003 the Zoning Board of Appeals grente(I the owner/applicant alternative relief of 20.89% lot coverage for an es-built sunroom addition to their dwelling, instead of the requested relief for lot coverage of 24% which included both the as built addition end a proposed 20' x 20' accessory garage. A condition from the Board of Appeals stipulated that there be no increased lot covecage for addition(s) to the dwelling in the fufum. At Ihe public hearing of April 17, 2003, the applicant agreed to eliminate the proposed accessory garage from his application but stated that he would like to leave the option open for a future application to locate a smaller structure (possibly a one car garage) on his REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: Page 2 - February 22, 2007 ZB File No. 5995 -Arthur Aiello CTM No. 143-3-26 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or a de.merit to nearby prope~ias. Most homes in the neighborhood have garages. The applicant's house has a very large footprint on a long and narrow lot that would make an atiachad garage ve~ difficult to site a~ this time. The southeast corner of the rear yard of the subject proper[y, the proposed Iocatioo for an accessory garage, is heavily screened by a wooded lot to the east and by e vegetative buffer of matura evergreens along the southern side yard property line, and is selback at the farthest pessible distance from Marlane Lane. Therefore there will be negligible visual impact from the proposed accessory garage. 2. The benet~t sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance for the rolief requested because the property already exceeds the lot coverage that is permitted by code. 3. The variance granted herein is substantial. The requested lot coverage of 24.2% represanls an increase of 21% beyond the 20% parrnitted by code. Although the previous decision by the ZBA COnditioned no increase in lot coverage for addition(s) to the dwelling, they did not place the same condition on accessory stmctu~,s. The applicant has reduced the size of his original proposed accessory garage from 20' x 20' (400 sq. fi_) to 20' x 16' which will permit storage for one car and various yard and houesholo items. Tho proposed accessory garage is modest at 320 square feet. 4. The alleged difficulty has been self-created because the applicant could have included a garage in his original plans when the home was newly designed. 5. No evidence has been submitted to suggest that the proposed garage will have an adverse impact on physical or environmental co~dltions in the neighborhood. 6. Grant of the requested variance is the minimum action necessary and adequate to anable the applicant {o enjoy the benef'~ of an accessory garage while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. ~ESOLI. rFION OF THE BOARI')' In considering all ei~ the above factors and applying the balancing test under New York Town Law 267-B, motion wes offered by Membar Goehringer, seconded by Member Oliva, and duly carded, to GRANT the variance as applied for, shown on the survey prepared by survey ~epared and updated November 7, 2006 by Pat T. Seccarmo, subject to the following condition: T;3at there be no increase in lot coverage for additions to the dwelling and/or accessory structures or buildings. That this ZBA conclit~n be wn'~fen into the Build/ng Inspeck~s Ce~Jficete of Occupancy, when issued. The Board reserves the right to substitute a similar design that is de minimis in nature far an alteration that does not increase the degree of nonconfarmity. Any deviation ~rom the variance given such as extensions, or demotitioes which are not shown on the applicant's diagrams or survey site maps, are not au~orized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any currant or future use, setback or other feature of the subject property that may violate the Zoning Code, other than suc~ uses, sethacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliv/~cehdnge~l Weisman. Nays: Members Dinizio and Simon. This Resolution was duly adopted (3-2). / /_ ~ ( )J~e~ E)~lizio Jr., Chi~r~m~n 3/ /Approved for Filing ! I ~2007 A~PEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Gaehfinger James Dinizio, .Ir. Michael A. Simon Leslie Kanes Weisman http://southoldtown.norlhfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 - Fax (631) 765-9064 'l~!iJj~,~ddress: Southold Town Hall 53095 Main Road · RO. Box 1179 Southold, NY 11971-0959 Office: Town Annex IF'nat Floor, Norah Fork Bank 54375 Main Road (at Yeungs Avenue) Southold, NY 11971 FINDINGS, D~Lm~TIONS AND DETF. RMINATION MF. FTING OF MARCH 9, 2006 CTM 143-2-22.2 ZB File No. 5843 - EDWARD and ANN O'CONNELL Property L~mflon: 620 Marlene Laud, Matfltuek RECEIVED ~.'/a-- 20O6 SEORA DETERM]NAT~Q~I: The Zoninoo Board of Appe~s has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effuet on the envirenment if the project ts implemented as planned. PROPERTY FACTS/DESt~IPTION: The applicant's 10,875 square foot parcel has 75 feet along Marlene Lane and lot depth of 145 feet. The property is improved with a two-story, single-family residence. BASIS OF APPLICATION: Request for a Variance under Section 100-244, based on the Building Inspector's November 30, 2005 Notice of Disapproval, concerning a proposed swimmlug pool exceeding the code limitation of 20% coverage for all building area on this 10~75 square foot lot. FINDINGS OF FACT The Zoning Board of Appeals held a public heating on this appUeafion on March 2, 2006, at which time written and oral evidence were presented. Based upon all testimony, docu~entofio~ personal inspection of the preperty, and other evidence, the Zoning Board finds the following facts to be true and relevant: AR]KA VARIANC]~ I~g.L~I~,F R~O~-~ The applicants wish to eona~uct an in-greund 20 · 32 ft. SWilnming pool in the rear yard at 9 feet from the nortberly sMe property line and 12 feet from the westerly rear lot line at its closest points. The constroeflon of this proposed Swimmin~ pool ts not permitted for the reason that it will be 1.5% over the code limitation of 20% for all building area. REASONS FOR BOARD ACTION; On the bums of testimony presented, tutorials submitted and personal inspeetton~ the Board makes the fi)Bowing Ih:dings: . to nsatoy prooerti~ There are many similar in ground SWhnmin~ pOOls m the neighborhood and the pool will be visually screened from adjoining properties by existing arborvitae and stoclmde fencin~ Page 2- Marek 9, 2fl06 ZB lP~ N~. ~84~ - Edward and nell CTM N~ ]43=2-22.2 2. The behest sought by the applicants cannot be achieved by some method, feasible for the applicants to pursue, other than *he reflef requested. The owner/applicants htve children and a smaller pool is not desirable. 3. The variaace granted herein is not subsmmial. The pool imtallaflon will increase the lot coverage by 1.5%, from 1he allowable 20% to 4. The alleged difficulty has been seif-cre~ted. 5. No evidence has been submitted *o suggest that ~he proposed additions will have an adverse impact on physical or elvironmentui conditions in rite ndgbborhood. 6. Graat of the requested variance is the m~imalln action n~cessary and adeq~te to enable the appli~m~s to eaJoy the benefit of an ia*gro~md swimmhg ~ wMle preservhag ami p~ the charac~r of the ndghborhoml and the health, safety ami welfare of fhe ~ommlllity. RESOLUTION OF ~ BOA~n~. In con~dering all of the above factors and applying the balancing test under New York Town Law 267-B~ motioa was offered by Member Weisman, secomied by Member Go~hringer, and duly carried to DENY the variance as applied for, and to GRANT alternate relief with tl~ following conditions: 1. Maintain a mintmslm 15 foot side selback between the swimmhg pool and the nOFtheFn property boundary (property Ihes shown on the June 14, 2002 SUFVey), and Z. Fence and the pool as per Town code construction requirements, and 3. Properly instalJ dry wdls/leaehino~ basins near the swJjumfng pool, to pFevent disposal of water directly on the ground. Any deviation from the ob4)ve, such as extensions, or demoltlion& which are not shown on *he applleant's dlagram~ or survey site maps in this process for reflef and consideration, are not authorized by this determhmflon. This action does not authorize or eondone any current or future use, setback or other fe~ure of the subject property that my violate the Zouing~ Code, other than such uses, sethaeks and other features ns are expressly addressed in this action. Vote of the Board: Ayes: Members OK-va (Chairwoman), Goehringer, Simon and Weisman. Member Dinizio was absent. This Resolution v~dmly adopted (4-0). Approved for Filing Office Location: Town Annex/Fwst Floor, Norlh Fork Bank 54375 Main Road (at Yo~ngs Avenue) Southold, NY 11971 Mailine Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http:flsougloldlown.no~h for k.nel BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 76~-1809 Fax (631) 76:$-9~4 FINDINGS,. DELIBERATIONS AND DETERMIlqp~TIO '~~'j~,~ ~A File g 6239 - JO~ ~d ~G~ ~R ~ahon of~oper¢: 875 Sigs~ ~a~ Ma~ituck ~ 143-~16 SEq~ DETg~NA~ON: ~e ~ng ~ of ~pe~ ~ ~md mmderahon ~ ~is app~mtion ~d d~mines that ~s m~ew rafts ~der ~e ~e II mmgo~ of ~e S~'8 ~t of ~om, wghout ~er stops under PROPER~ FA~ESCRI~ION: ~e subject prope~y is a sm~ with a nonconform~g ~ea of 7,013 square f~t, and o~y 50 f~t ~ong Sigs~ ~ad and 140 f~t deep. ~s lot was developed many ye~s ago with other si~ si~d lo~, improved ~th smmer ~t~ges. ~e appB~ffs pro~ is ~pmved with a residon~ ~th de~s ~d ~ emshng she& as shown on the D~m~r 21, 1977 su~ey prepped by Young & Yegg, ~S. ~ap ~77-8~) B~IS OF ~PLICATION: ~queet for V~an~s under ~on 280-124 concemng an ~-b~t ad'hen and ~rahom ~ the e~g family dwe~ng on a non-m~o~ng 7,013 ~u~e f~t lot ~ the ~sidenh~ R-40 D~td~. On non- mnfoming lo~ measuhng less than 20,~ squ~e f~t in ~ s~, a m~um lot coverage of 20 ~nt is ~owed and req~red m~m ~ sids-y~ setbac~ of 25 f~t (10 and 15 Findings of Fact The Zoning Board of Appeals held a pubhc hearing on this application on February 19, 2009, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the lb]lowing facts to be true and relevant: AREA VARIANCE REI,IEF REQUESTED: The applicants request relief regarding the existing lot-coverage of their one-story residence of 1,641 square feet, plus existing decks of 301 square feet, and existing 64 square foot for a shed, resulting in s total of 2,006 square feet, or 28.66% of lot coverage. The applicante also request a variance from the 25 feet total side-yard setback for the dwelling at +/- 19 feet (total Page 2 0£3 - March 5, 2009 ZBA # 6239- John and Mttrga!~ Toner CTM 143-2-16 side yards), as shown on the site map prepared by Condon Engineering, P.C. last dated 1017108. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law §267-b(3)(b)(3)(l). An undesirable change will not be produced in the character of the neighborhood or a detriment to nearby property because the premises was developed about 45 years ago and is similar to other small, nonconforming lots in this development. Also, most of the lots have similar side yards and lot coverage about the same as the applicant's property. 2. Town Law §267-b(3)(b)(2). The benefit sought by the apphcant cannot be achieved by some method feasible for the applicant to pursue other than an area variance because of the size of the lot, with only 50 feet in width, and a residence which is about 31 feet wide. The residence was built in this location about 45 years ago. 3. Town Law §267-b(3)(b)(3). The amount of rehef requested is substantial under the cede restrictions, resulting in 8.66% over the 20% maximum lot coverage and side yards at +/- 5 feet less than the code minimum of 25 feet. The relief is 607 square feet, which has existed for many years. 4. Town Law §267-b(3)Co)(4). There has been no evidence to show the grant of the requested relief will have an adverse effect or impact on the physical or environmental conditions in the neighberhocd. 5. Town Law §267-b(3)Co)(5). The difficulty has not been self-created. 6. Town Law §267-b. Grant of the relief requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of his property, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Oliva, seconded by Chairman Goehringer, and duly carried, to GRANT the requested variances, as shown on the site map prepared by Condon Engineering, P.C. last dated 10/7/08. Any deviation from the variance given such as extensions, or demohtions which are not shown on the apphcant's diagrams or survey sits maps, are not authorized under this apphcation 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. BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Homing Ken Schneider http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Southold Town Hall 53095 Main Road ° 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 l 1971 May 17, 2013 Richard and Maria Zahra 445 Marlene Lane Mattituck, NY 11952 RE: ZBA Application #6647 Dear Mr. and Mrs. Zahra: Transmitted for your records is a copy of the Board's May 16, 2013 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. Sincerely~'~ , ~ Vicki Toth Encl. Cc: Building Dept. E. LEGION RD -3-0 14.2