Loading...
HomeMy WebLinkAbout1000-112.-1-18OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 OF SO!/r�o� � O iQ 'COUNr1 +* 1 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date: April 24, 2014 Re: LWRP Coastal Consistency Review for ZBA File Ref. - STEPHAN KALAIJIAN #6744 SCTM#1000-112-1-18 STEPHAN KALAIJIAN #6744 - Request for Variance from Article III Section 280-14 (Bulk Schedule) and the Building Inspector's February 19, 2014 Notice of Disapproval based on an application for building permit for conversion of an 'as built' 3`d floor space to habitable space, at; 1) more than the code permitted 2.5 stories, located at: 1977 Bergen Road (aka Private Road #12) (adj. to Long Island Sound) Mattituck, NY. SCTM#1000-112-1-18 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. It is my recommendation that the proposed actions are EXEMPT from LWRP CCR pursuant too: § 268-3. Definitions. MINOR ACTIONS items "BB" and "II" which state: BB. Additions to an existing dwelling constituting less than 25% of the existing structure where the addition is greater than 75 feet from a natural protective feature, except where the parcel is located in a coastal erosion hazard area; II. Additions to an existing building or rebuilt residential structure which results in no net increase in ground area coverage, except where the parcel is located in a coastal erosion hazard area; The proposed actions are not located within the CERA. Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 April 3, 2014 OF SO(/j�o� � O �y�OUNV http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. #6744 KALAIJIAN, Stephan Dear Mark: I0 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 1000-112-1-18 We have received an application for a conversion of an "as built" 3`d floor space to habitable space. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-51) is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie eis Chai ers . n By: Encls. 22 IL2A(c) 2AA(C) ap \10 I 32.9A(C) FOR PCL NO. FORPCL.NO. FOR PCL NO. as SEE SEC. NO. oft mar -No. ir 112-01-020 Itw4le —,I - FOR PCL NO. SEE SSC. NO. 1"4m N* % 'A )IC &2 =.: "u-no-lom � z U:13 6.9 602A N 3061 FOR PCL NO. SEE SM& No. LU z :3 #t FOR PCL NO. ME SEC NO. 11301-009.111301-009.1 FORM NO. 3 NOTICE OF DISAPPROVAL DATE: February 19, 2014 TO: M. Kimack for S. Kalaijian 321 Riverside Dr. Riverhead, NY 11901 Please take notice that your application dated January 31, 2014 For conversion of an "as built" 3`d floor space to habitable space at Location of property 1977 Bergen Ave., Mattituck County Tax Map No. 1000 — Section 112 Block 1 Lot 18 Is returned herewith and disapproved on the following grounds: The proposed habitable 3`d floor is not permitted pursuant to Article III, 280-14- the Bulk Schedule which permits 2.5 stories. The proposed construction indicates three stories. Note: Health Dept. approval & NYS Building Code compliance also required. Authorized Si n FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No 218806 Date FEBRUARY 16, 1990 THIS CERTIFIES that the building ONE FAMILY DWELLING Location of Property, 1977 BERGEN AVENUE MATTITUCK House No. Street Hamlet County Tax Map No. 1000 Section 112 Block 01 Lot 018 Subdivision KALAIJIAN PLAT Filed Map No. Lot No. 1 conforms substantially to the Application for Building Permit heretofore filed in this office dated JAN. 21, 1988 pursuant to which Building Permit No. 167232 dated FEB. 2, 1988 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, ATTACHED GARAGE, POOL AND DECKS. The certificate is issued to STEPHAN KALAIJIAN (owner, ) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL 87 -SO -229 FEB. 8, 1990 N093821 SEPT. 26, 1989 PAGE 1 & 2 UNDERWRITERS CERTIFICATE NO. N090271 SEPT. 3, 1-989 POOL PAGE 1 & 2 PLUMBERS CERTIFICATION DATED PERFECTION PLUMBING & HEATING 1/19/90 Rev. 1/81 •-/)r---Mlding Inspector Permit #: 38130 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,NY BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permission is hereby granted to: Kalaijian, Stephan & Kalaijian, Kathryn PO BOX 1627 Mattituck. NY 11952 Date: 6/25/2013 To: "As Built" alterations (dormer additions) to existing single family dwelling as applied for. At premises located at: 1977 Bergen Ave, Mattituck SCTM # 473889 Sec/Block/Lot # 112.-1-18 Pursuant to application dated 6/10/2013 and approved by the Building Inspector. To expire on Fees: 12/25/2014. AS BUILT - SINGLE FAMILY ADDITION/ALTERATION $400.00 CO -NEW CONSTRUCTION/ALTERATION/REPAIR $50.00 Total: $450.00 BuildiNg Inspector Permit #: 38058 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,NY BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permission is hereby granted to: Kalaijian, Stephan & Kalaijian, Kathryn PO BOX 1627 Mattituck, NY 11952 To: install a new boiler as applied for At premises located at: 1977 Bergen Ave, Mattituck SCTM # 473889 Sec/Block/Lot # 112.-1-18 Pursuant to application dated To expire on 11/28/2014. Fees: 5/17/2013 Date: 5/29/2013 and approved by the Building Inspector. FURNACE/BOILER - RESIDENTIAL CO - ALTERATION TO DWELLING Total: i Building Inspector $200.00 $50.00 $250.00 G1 Fee: $ Filed By: Assignment No. V/ _T K `1 I APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE House Nolf No./f77 Street ACA211EAl AI/� Hamlet AMM,1"OC,- SCTM 1000 SectionBlock__I_Lot(s) q _Lot Size Zone I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED BASED ON SURVEY/SITE PLAN DATED Applicant(s)/Owner(s): 5* P,tl tW ,LA4.41 LT//4N Mailing Address:Z Z JVgGfrl/ AVSOX /6.?% /iAp7'/fY/C.(C. Telephone:9/7 7,09 P/D! 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: Name of Representative: J4?/ NpQL .4.for o4 Owner( )Other: Address: 32/�P/YF J'/1� OL�/YE A1V,6W&.g1>, A4Y L/90 % Telephone: 64/- Z?7r-?/f3 Fax: Email:&,4&LmcLk a5f/26 me;, - Please check to specify who you wish correspondence to be mailed to, from the above names: ( ) Applicant/Owner(s), bd Authorized Representative, ( ) Other Name/ Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 2117,1Z614 and DENIED AN APPLICATION DATED " D/ FOR: ( ) Building Permit ( ) Certificate of Occupancy () Pre -Certificate of Occupancy ( ) Change of Use Qg Permit for As -Built Construction O Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article: Z/ / Section: 280— Subsection:/4.'RWJe !''CVhi!V&Z'-4E_ Type of Appeal. An Appeal is made for: 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 (4 has, ( ) has not been made at any time with respect to this urouerty, UNDER Appeal No(s).3"/3520 Year(s).! 989 l ��6 . (Please be sure to research before completing this question or call our officefor assistance) Name of Owner: ZBA File# 1 REASONS FOR APPEAL (Please be specific, additional sheets may be used with preparer's signature notarized): 1. An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment ear properties if granted, because: 7WZ: AA VV4V OAT�'�` DO�/yERS".�p,17S x'10 rHx C , W M� Bu/ . ,eAppiriav ac ?WZrANct asOW Jr,4/ Cres,& /s'Q M/wale Of THE �v!/vG Yi1 Mi1001A N 0AA)VRrs4t/ AO Me- BG/ZP1A/b.9 W-WJ72c.,k Y ?d CC" TiVE USS of 1.f�� J�/.E'DLo4' •as'.4W A/CEiv0 Gi'�ii�•q.IYU/�i !S >'®r411 y E/YC,eano, AiVD WOG[/ NOT 4F .d OLCTa2rI�iVT 9''O.4,0 � ��'V� f'ROP�i7T/.�5. fi T Y I �vv�v W1 &WZ awE p� �vE�R,6►y r R,� e ene tt sought y the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: U/� S '4 ty� 0j,15 GTS )We r%//�'D 16.7-, Y AW 1? A, tIA,MS A oar/C,e AA V AMP Q ,QN ,41�1�/ oy' FE.gf`/�L !N W=e "x mwi G J77L 3. The amount of relief requested is not substantial because: J~TD/2 A45V �L� CaAM'-Z v0P7aV A�' R�✓'/A LSI/ W1 M )7 �x C,e/Pr10'V or � �ovR PORNASR3, IIID CyAN64- f0 >�� ,pDOF Ll/I/.� wo-F w Ule'ta7 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: We'ejj5QA, /V al- /S 60VA UZZY Isin 44 A540 FipUM qW e'c'ID`W'365 RY 7WE M,4 CWRI 1//J�/ Y�il'l�S �4.v1J I'o ro�� ' 711 PRA° rY c�vv��Rs ./IND ,a/ N,a .0'0A 0Y 5. as the alleged difficulty been self create ? Pq Yes, or { } No Why: .$` A RAO AZ rN� owH w!).4 c#l/,QyV�,��Yy� VZV� ��pl��l�� T' �/oiS/ was' .T6/fflr4'u, NAY GAN/,rP jVe4FCT M A c?Ro),X, RU41M6 / CAWAMV,�-I� oy.9 VIVIZAAre there any Covenants or Restrictions concerning this land? X No { } Yes (please fiirnish a 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. Swo2 befothis /0 day /moo -fes} 120 Notary Public DAVID J. JANNUZZI Notary Public, State of New York . No. 02JA6052585 Qualified in Suffolk County Commission Expires 2�t3f l� a/Le l�l:r/� , /`"C 0,:; � y �- Signature of Applicant or Authorized Agent (Agent must submit written Authorization from Owner) FINDINGS OF FACT / REASONS FOR BOARD ACTION 1. The applicant's house location is situated on a raised portion of a 3.37 acre lot primarily surrounded by acres of Macari vineyards. There is one residence adjacent, which residence is approximately 200 feet distance on a 5.2 acre lot. The addition of the four dormers and the staircase would not be detrimental to the adjoining residence. The added staircase would provide the owner with an additional, more convenient access to the third floor. 2. The variances requested although substantial, the use of the third floor Is limited to an office, a gymnasium and storage. The proposed area of the third floor will not be detrimental to nearby properties and the office and gymnasium will benefit the owner. 3. The proposed project will have not have an adverse impact on the physical or environmental conditions in the neighborhood, which is generally remote from residential dwellings. The owner will install a fire suppression system (sprinklers) for the proposed third floor and the staircase. In addition, gutters and leaders will be installed for the staircase structure and directed to an existing drywell 4. The difficulty has been self created. 5. There are no covenants or restrictions concerning this land. -1-� Michael A. Kimack, Agent Sworn to before me this day of March, 2014 CONNIE D. BUNCH Notary Public, State of New York No. 01 BUS1SM QuaiiW in Suffolk County Commission Expires April 14, 2-211p APPLICANT'S PROJECT DESCRIPTION APPLICANT: _ / Ch&/WL .4. !/%V%� ?/L DATE PREPARED: 1. For Demolition of Existing Building Areas Please describe areas being removed: II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions ofh4loor extension:� O t /tel- Dimensions of new second floor: �' 'a of7pl&eX Dimensions of floor above second level• � � A !/� "' Height (from finished ground to top of ridge): UJVKiI/OVWV: C 4� d /177/f� Z%!6 / / 99 Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: /1/d 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: v,AAW - rjrv., r-%Jjre 0A"att PAjp ! JV -A P d A Jz /rli CYC W10 D 9ANZ,i75' Number of Floors and Changes WITH Alterations: AW15R 4!�R-W, ;r -d B C'D ✓,E�T�o /,V rig Gy .4J7 U/!/AM0 <� W ADAW S W N VN J IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property:A252pgllt'E:1 -4,75 S¢ A/. Proposed increase of building coverage: / M /-7T Am Nr -W %?-AVer/ X,6 Square footage of your lot: I Percentage of coverage of your lot by building area: 0-1 D C V. Purpose of New Construction: %,AP/Oi P6,01 AA/A .0AW 6 P- O DE -0457 &2111W= ,¢eMrP7 M40 ok 6VHWA.1)'tH .4ZOW ME ,A --OR CON,D/77DN/•✓6 AMQ A9XA9A`4L&A6A97&? 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): r2Jx VAP^A" 7V Al 41'F_s' AAV%>rx. A- 7 % AX DM .1�.�`a�i/:�►7/J/%ill1 �L`»•l.�r►!t.`eld�i/J-�.rLw3r1'MW•�i�- FA ✓,V )VX . MWoC-�/s 4%V• XA�YWIAI,0 •E' !`S' M4 >AtA,7�ELY W-00,,D,D 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 A. Is the subject premises listed on the real estate market for sale? Yes (No B. Are there any proposals to change or alter land contours? _)(_No Yes please explain on attached sheet. IJy.4�LG rpu� .o�Ep •Q1'BASE Oi' C. 1.) Are there areas that contain sand or wetland grasses?AlOri IV 11140V W4 W M'4W'L 2.) Are those areas shown on the survey submitted with this application? Y" 3.) Is the property bulk headed between the wetlands area and the upland building area? ND 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? AilV Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? /SMD E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting?__AL6 Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises?_AZ 0 If yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. 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. H. Do you or any co-owner also own other land adjoining or close to this parcel? 1/O If yes, please label the proximity of your lands on your survey. I. Please list resent use or operations conducted at this parcel rA!4& j� A7S-PJ1J.Eil/C0 /Please �GGrG DEC.Lfy Oand the proposed use ,4M,e'E�J'/I�fUC�; jr)W�w 4A&1bV gZr—& I" (ex: existing single family, proposed: same with garage, pool or other) Authorized signature and Date FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No 21.8806 Date FEBRUARY 16, 1990 THIS CERTIFIES that the building ONE FAMILY DWELLING Location of Property 1977 BERGEN AVENUE NATTITUCK House No. Street Hamlet County Tax Map No. 1000 Section 112 Block 01 Lot 018 Subdivision KALAIJIAN PLAT Filed Map No. Lot No. 1 conforms substantially to the Application for Building Permit heretofore filed in this office dated JAN. 21, 1988 pursuant to which Building Permit No. 167232 dated FEB. 2 1988 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, ATTACHED GARAGE, POOL AND DECKS. The certificate is issued to STEPHAN KALAIJIAN (owner, ) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL_ 87 -SO -229 FEB. 8, 1990 _ N093821 SEPT. 26, 1989 PAGE 1 & 2 UNDERWRITERS CERTIFICATE NO. N090271 SEPT. 3, 1989 POOL PAGE 1_& 2 _ PLUMBERS CERTIFICATION DATED PERFECTION PLUMBING & HEATING 1/19/90 • uilding0' Inspector Rev. 1/81 Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD. L.1., N.Y. 11971 TELEPHONE (516) 765.1808 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3523 June 6, 1986 Application Dated TO: Mr. Christopher Hahn (Appellant(s)) Benro Survey Ltd. as Agent for STEVE KALAIJIAN 25-56 222nd Street Bayside, NY 11361 At a Meeting of the Zoning Board of Appeals held on August 14, 1986 the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [K] Re uest for Variance to the Zoning Ordinance Arle III , Section 100-31, Bulk Schedule RegQest for Application of STEVE KALAIJIAN for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk'and Parking Schedule, for approval of insufficient lot area of proposed Parcel No. 2 in this two -lot division/set off located on the north side of a private right-of-way extending off the north side of Bergen Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-112-01-18. WHEREAS, a public hearing was held and concluded on July 17, 1986 in.the Matter of the Application of STEVE KALAIJIAN under Appeal No. 3523; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present zoning and the surrounding area; and WHEREAS, at said hearing all those who desired to be heard were heard, and their testimony was recorded; and WHEREAS, the board has carefully considered all testimony and documenta- tion submitted concerning this application; and WHEREAS, the board made the following findings of fact: 1. The premises in question is a described parcel of land containing an acreage of 3.9486 and average lot width of 170 feet, and is more particularly described on the Suffolk County Tax Maps as District 1000, Section 112, Block 01, Lot 018, 2. The subject premises is unimproved and is at the present time subject to a pending conditional 280-a decision rendered by this Board concerning this private right-of-way under Appeal No. 3218 dated November 15, 1984 (J. Wanat). 3. By this application, appellant requests approval of the proposed insufficient area of Parcel #2 in this two -lot division/set-off of land of 62,070 sq. ft. Proposed Parcel M1 would be 109,932.92 sq. ft. The depth of both proposed lots are 396.72 and 658.28 feet, respectively. DATED: August 20, 1986. Form ZB4 (rev. 12/81) (CONTINUED ON PAGE TWO) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3246 Matter of PATRICK CARRIG AND MARK S. McDONALD Decision Rendered July 3. 1984 In considering this appeal, the board also determines: (a) that the relief requested is not substantial under the circumstances of this appeal; (b) that by granting the relief requested, the character of the neighborhood will not be adversely affected or changed; (c) that by allowing the variance, no substantial detri- ment to adjoining properties would be created; (d) no adverse effects will be produced on available governmental facilities of any increased population if the variance is allowed; (e) that the interests of justice will be served by allowing the variance as indicated below. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Douglass, it was RESOLVED, that Appeal No. 3246, application for PATRICK CARRIG and MARK S.'McDONALD for approval of access, BE AND HEREBY A-PPROVEDTHE FOLLOWING CONDITIONS: 1. The subject right-of-way must be improved and cleared of all brush or other obstruction a minimum width of twelve (12) feet in the following manner: (a) Remove topsoil and loam for a depth of one foot; (b) Replace topsoil and loam with a good grade of clean fill; (c) Place a six-inch (6") base course of bankrun with 20% of gravel and 1.5% of loam content,'or equal, on the replacement material; (d) Place a two-inch (2") top course of 3/4" stone blend on the bankrun; (e) Low areas must be raised to level of adjacent properties and culvert pipe installed at two low areas. 2. Pending and future subdivisions (or set -offs) along this right-of-way require re-application to the ZBA for additional review for access approval; 3. Right -of -Way must be continuously maintained in good, satis- factory condition for access by emergency and other vehicles; 4. Upon written notice to the Building Inspector or Board of Appeals, an inspection and approval of improvements must be made prior to the issuance of a Building Permit; 5. All right-of-way improvements shall be made within the perimeter of the legal right-of-way. Location of Property: Private Right -of -Way at the North Side of Bergen Avenue, Mattituck, NY.; County Tax.Map Parcel No. 1000-112- 01-018. Vote of the Board: Ayes: Messrs. Grigonis, Douglass and Sawicki. Member Doyen of_Fishers.Island.was absent. Member Goehringer abstained. This resolution was adopted by majority vote of the members present. RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE D/�� HOUR 30/9/li Town Clerk, Town of Southold SRI GN , J Chairman Pro Te July 25,. 1984 J. A 1 Southold Town ,Board of Appeals MAIN ROAD -STATE ROAD 25 SOUTHOLD. L.I.. N.Y. 11971 ACTION OF THE ZONING BOARD OF APPEALS TELEPHONE 1516) 765.1809 Appeal No. 3246 Application Dated April 18, 1984 (Public Hearing June 21, 1984) TO: Rudolph H. Bruer, Esq. as attorney [Appellant(s)] for PATRICK CARRIG and MARK S. McDONALD Main Road Southold, NY 11971 At a Meeting of the Zoning Board of Appeals held on July 3, 1984 the above appeal was considered, and the action indicated below was taken on your KX] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [ ] Request for Variance to the Zoning Ordinance Article , Section [ ] Request for Application for PATRICK CARRIG and MARK S. McDONALD, (Owners: Eric and Nancy Mal m), Richmon oa , ou o ora Varlance for approval of access, New York Town Law, Section 280-A over a privateright-of-way located at the north side of Bergen Avenue, Mattituck, NY, to premises identified as County Tax Map Parcel No. 1000-112-01-018, containing approximately 3.9 acres. The board made the following findings and determination: By this appeal, applicants seek approval of access over a private right-of-way one rod (16.5') in width having a traveled width of approximately eight feet and varied lengths commencing at a point on the north side of Bergen Avenue, as follows: (a) north 998.33 feet, (b) east 140.00 feet, (c) north 2226.71 feet, and (d) 15 feet westerly along the southerly side of the parcel in question, as shown on survey prepared by Otto W. VanTuyl and Son January 31, 1964 for Eric S. Malm. The following report has been prepared indicating as follows: The right-of-way is on original ground. Within the first 200 feet of length, there is some gravel content, and the base of the right-of=way is in fair condition in need of some improvements. The last 250 feet of length also has some gravel content. The traveled right-of-way appears to be within the perimeter of the legal 16.5 -foot right-of-way, except at the sharp -turn areas where over -sized vehicles would appear to have difficulty staying within the right-of-way. The board members agree that improvements are necessary for sufficient and safe accessibility by emergency and other vehicles, and are subsequently noted herein. The parcel in question is vacant and contains 3.949 acres with 174.35 feet of frontage along a private right-of-way. For the record it is noted that there is an application under Appeal No. 3217 for Jose h Wanat requesting an area variance in a proposed set-off (division of land, which appears to accessible by this same right-of-way. (CONTINUED ON PAGE TWO) DATED: July 24, 1984. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) ��� Page 2 - Appeal -No. 3523 Matter of STEVE KALAIJIAN Decision Rendered August 14, 1986 4. The topographical contours of the premises varies as shown on plat prepared by Bernhard H. Henn January 24, 1986 from 210 feet along the right-of-way to 255 and 260 feet within the building areas to the top of bluff. The area of unbuildable land below the bluff area has not been furnished, although when scaled on the January 24, 1986 plat, it appears to be an area of approximately 54,000 sq. ft. 5. It is the opinion of the board that the variance requested is 23,850± sq. ft., or 30% of a variance from the requirements, which is not the minimal which can be obtained under the circumstances. In considering this appeal, the board also finds and determines: (a) that the practical difficulties claimed are not sufficient to warrant a grant- ing of the relief, as requested; (b) the circumstances are not unique; (c) the relief requested is not the minimal necessary; (d) there is another method for appellant to pursue; (e) that in view of the manner in which the difficulty arose and in consideration of all the above factors, the interests of justice will best be served by denying the variance, without prejudice. Accordingly, on motion by Member Douglass, seconded by Member Grlgonis, it was RESOLVED, that the relief requested under Appeal No. 3523 in the Matter of the Application of STEVE KALAIJIAN BE AND HEREBY IS DENIED WITHOUT PREJUDICE, AS APPLIED. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was duly adopted. lk r �� GERARD P. GOEHRINGER, CNAI f RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERX DATE 9-1-'I�S6 HOUR IA : a -f -A - Town Clerk, Town of Southold AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD 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 500 feet 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. 2. 3. 4. 5. 6. 7 8 9 Name of Applicant: /V/C Address of Applicant: Z2/y4e. Name of Land Owner (if other than Applicant): Address of Land Owner: 2z:7 Description of Proposed Location of Property: (road and Tax ma number) O -o'! ©1- 4/8 Is the parcel within 500 feet of a farm operation? KYes { } No Is this parcel actively farmed? >6 Yes { } No Name and addresses of any owner(s) of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937) or from the Real Property Tax Office located in Riverhead. 3. 4. 5. 6. NAME and ADDRESS (Please use the back of this page if there are additional property owners) `3 / /4 / 7 G6 Signatur 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 statement. 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. 90l 119.x"2 ►uy W% ems 617.20 Appendix B Short Environmental Assessment Form Instructions for Comnletine Part 1- Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item. Part 1- Project and Sponsor Information Name of Action or Project: <0AIATAI, i G MH v/y v.P.�1G Project Location (describe, and attach a location map): M,dMAIIAE, 2 &AeAC- Brief Description of Proposed Action: WA91r1 0 A✓ O,' ON C4O) � 5 0 AZA IX MF,,E Wi"I �p�'io a �7"P#4V 0 OY7 3'aFwt) To1N�I7''1'1'D �D� �yD ,p�/'Of'i�L� R --'r (4) l7deM�Rs 1�.r1,�U�) r'a � U1'EP fo,P,yor/,e 0WI cE i G r�.vo-P� vh ,otin Name of Applicant or Sponsor: Telephone: 3 E- ' ! 2 2AAt VA"— / C tails C G Address: YZI / / ✓� City/PO: State: Zip Code: f /-/ /�� IVY. • / 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, NO YES administrative rule, or regulation? If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no, continue to question 2. 'X 2. Does the proposed action require a permit, approval or funding from any other governmental Agency? NO YES If Yes, list agency(s) name and permit or approval: 1'0W -V 40 POGWCIl,O �U/�/�vG �' i�"�/�- 0" e O,C 3.a. Total acreage of the site of the proposed action? 7 acres b. Total acreage to be physically disturbed? acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? _acres 4. Check all land uses that occur on, adjoining and near the proposed action. ❑ Urban ❑ Rural (non -agriculture) ❑ Industrial ❑ Commercial b&esidential (suburban) ❑ Forest T(Agriculture ❑ Aquatic ❑ Other (specify): ❑ Parkland Page 1 of 4 0 5. Is the proposed action, a. A permitted use under the zoning regulations? b. Consistent with the adopted comprehensive plan? NO YES N/A 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? NO YES 7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? If Yes, identify: NO YES X 8. a. Will the proposed action result in a substantial increase in traffic above present levels? b. Are public transportation service(s) available at or near the site of the proposed action? c. Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? 9. Does the proposed action meet or exceed the state energy code requirements? If the proposed action will exceed req irements, describe design features and technologies: IAvJVta� w� Y Mr" wri40 4APS NO YES O YES NO YES ,at1"/,' 10. Will the proposed action connect to an existing public/private water supply? If No, describe method for providing potable water: 11. Will the proposed action connect to existing wastewater utilities? If No, describe method for providing wastewater treatment: NO I YES 12. a. Does the site contain a structure that is listed on either the State or National Register of Historic Places? b. Is the proposed action located in an archeological sensitive area? NO 1 YES 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain wetlands or other waterbodies regulated by a federal, state or local agency? b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: NO YES 14. Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply: Shoreline Forest ❑ Agricultural/grasslands ❑ Early mid -successional ❑ Wetland ❑ Urban %Suburban 15. Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or Federal government as threatened or endangered? NO YES 16. Is the project site located in the 100 year flood plain? 17. Will the proposed action create storm water discharge, either from point or non -point sources? If Yes, a. Will storm water discharges flow to adjacent properties? 19NO ❑ YES b. Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? If Yes, briefly describe: VNO ❑ YES NO NO YES YES Page 2 of 4 18. Does the proposed action include construction or other activities that result in the impoundment of water or other liquids (e.g. retention pond, waste lagoon, dam)? If Yes, explain purpose and size: NO YES ra small to large impac t impact 19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste management facility? If Yes, describe: NO YES occur o .. 20. Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or completed) for hazardous waste? If Yes, describe: NO YES 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Date:/p/za�� Signature: -70W4&zK 44, Part 2 - Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept "Have my responses been reasonable considering the scale and context of the proposed action?" Y No, or Moderate ra small to large impac t impact may may occur o .. 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area (CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit, biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a. public / private water supplies? b. public / private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic, archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands, waterbodies, groundwater, air quality, flora and fauna)? Page 3 of 4 Part 3 - Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered "moderate to large impact may occur", or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact, please complete Part 3. Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting, probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short-term, long-term and cumulative impacts. ❑ Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (if different from Responsible Officer) Page 4 of 4 JAr, t PJ Y 1977 Bergen Ave, Mattduck, NY 11952 USA y Cooglc�earth k �yi�'' " x..>a e" - Google � ea l.h yew S AUTHORIZATION (Where the Applicant is not the Owner) I, 5-726WMN 1eA4,4/,T/•UA1 residing at (print property Owners name) 9 77 B Gov , 12W& Po.gax 16.770r�orti,�-l���c N y. /19sz (mailing address) do hereby authorize 1111 C'iIi%L 0.. A-,1HN e, - (Agent) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. (Owner Signat re) Sty?PFrA10 �AL-Q (Print Owners Name) AGENT/REPRESENTATIVE 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. YOUR NAME : l�//%�%Ci�� /�i/C/�I�q, .Q (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance _ Variance �l — 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 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 day of , 20/4 Signature ' Print Name '"IeNga A 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. YOUR NAME : X)Z-e� eALAZZ69 Z (Last name,f rst name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) 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 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 applicanttagent/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 / J7r' day of ,T,��f. , 20J Signature - Print Name Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. 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). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# /`Z - 0/- ZZ The Application has been submitted to (check appropriate response): Town Board 0 Planning Dept. 0 Building Dept. ® Board of Trustees Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital 13 construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: M Nature and extent of action: jmqW 1Tl� - oUi� DoRH".r A-AO,cC,0 ro ror�r��rv�� ro•.�� 949/40 A Location of action:_ l 9 77 e4P4ef/V 4V� , &Atr'i/ 7-PelL, /1/•y Z% 4TZ Site acreage: / q(, A/ / Present land use: /Q 2 51'% 7-Z. 4 -- Present zoning classification: & -- ,pQ 2. 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: Z/ &Z VeSep R1 V4 (c) Telephone number: Area Code 72 7— R /!2 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ❑ NoX If yes, which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III — Policies; Page 2 for evaluation criteria. ❑ Yes ❑ No Z Not Applicable 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 Fv'�"7- 11 Not Applicable s Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III — Policies Pages 6 through 7 for evaluation criteria 1^i Yes R No D Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III — Policies Pages 8 through 16 for evaluation criteria © Yes 0 No XN Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III — Policies Pages 16 through 21 for evaluation criteria ® Yes © No E Not App icable �,vtzvr ro A,5r Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III — Policies; Pages 22 through 32 for evaluation criteria. R Yes E No X Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. ❑ Yes ❑ No n Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III — Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable 9VWEE CfAIVAWOAI ToC THS 3-R15CZ40 z 7-4 PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III — Policies; Pages 38 through 46 for evaluation criteria. e� No ❑ Not Applicable © Y P Lo Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water -dependent uses and promote siting of new water -dependent uses in suitable locations. See LWRP Section III — Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No cj Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III — Policies; Pages 57 through 62 for evaluation criteria. ElYes 1:1No I!J Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages 62 through 65 for evaluation criteria. W Yes ❑ No ❑ Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III — Policies; Pages 65 through 68 for evaluation criteria. 0 Yes ❑ NoNot Applicable Created on 5125105 11:20 AM } SOUTHOLD BOARD OF APPEALS PRIOR FINDINGS, DELIBERATIONS AND DETERMINATIONS REQUEST FOR VARIANCE FOR THIRD FLOOR IMPROVEMENTS 1. ZBA File: 6512 Approval of use of third floor for a sitting area,storage and access to a new balcony. 2. ZBA File: 6209 Approval of a home office and attic space. The area will have a comprehensive sprinkler system with no plumbing on the third floor. 3. ZBA File: 6097 Approval of a habitable area for the third floor with no bath or bedroom. Sprinkler system installed as per code. 4. ZBA File: 5822 Approval of a third floor observatory room with a fire suppression system. 5. ZBA file: 5852 Approval of a third floor addition to allow habitable floor area. This approval allowed dormers contextual with the architectural integrity of the residence. A fire suppression system was required. BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Horning Ken Schneider OF SOUjyo1 O o�y110M http://southoldtown.northfork.net 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 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 - Fax (631) 765-9064 RECEIVED �r 1 ' 3/ ! 2 8 2011 FINDINGS, DELIBERATIONS AND DETERMINATION Q MEETING OF NOVEMBER 17, 2011 Sout lot own Ci rk ZBA FILE: 6512 NAME OF APPLICANT: Patrick Treanor PROPERTY LOCATION: 2055 Grandview Drive, Orient, NY SCTM#1000-14-02-3.20 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated September 14, 2011, stating that this application is considered a matter for local determination as there appears to be no significant county -wide or inter -community impact. LWRP: 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 parcel is improved with a two story dwelling containing 47,757 sq. ft. It has 150.00 feet of frontage on Grand View Drive, 318.91 feet along the southern property line, 160.00 feet on the western property line and 303.88 feet on the northern property line as shown on the survey prepared by Peconic Surveyors, PC, dated April 26, 2005. BASIS OF APPLICATION: Request for Variance from Article III Section 280-14 and the Building Inspector's April 21, 2011 updated September 7, 2011 Notice of Disapproval based on an application for building permit for construction of a third story "as built" town existing dwelling at: 1) more than the code required number of stories of 2 and ''/2. RELIEF REOUESTED: The applicant proposes to use an as built third story as livable floor area for a new bedroom, bathroom and sitting space with balcony and attic storage in the subject dwelling presently under renovation. AMENDED APPLICATION: During the hearing, the applicant was asked to bring the plan into more conformity with the code. The applicant, on November 4, 2011, submitted a plan describing the use of the proposed third floor for storage, a sitting room and access to a new balcony via sliding glass doors, bringing the plan into more conformity with the code. ADDITIONAL INFORMATION: The applicant stated that the dwelling will be equipped with a fire sprinkler system throughout. Page 2 of 3 — November 17, 2011 ZBA Fil06512 - Treanor CTM: 1000-14-2-3.20 FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on November 3, 2011, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 267-b 3 b 1 . Granting of the requested variance as amended will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The subject dwelling structure is similar in size, mass and style to the majority of residences in this neighborhood. There is no evidence presented that the use of the proposed area of the third floor will be a detriment to nearby properties and the sitting room and balcony will provide the owner with the benefit of a water view from the third floor. 2. Town Law 6267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The use of a third story of a one -family dwelling requires a variance by code. 3. Town Law 267-b 3 b 3 . The variance granted herein for a third story use is substantial. However, the substantiality of the variance is mitigated by its use being limited to storage, a sitting room and access to a new balcony. 4. Town Law 4267-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 entire renovated dwelling will include the installation of a fire suppression system (sprinklers) and gutters and leaders into drywells to retain roof runoff onsite all per code. 5. Town Law 4267-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 4267-b. Granting the limited use of the third story area, as described on the amended plan, as storage, a sitting area and access to a balcony is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a third story limited use 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 Schneider, seconded by Member Goehringer, and duly carried, to DENY, as applied for, and GRANT ALTERNATIVE RELIEF, as described on the amended plan prepared by Robert I. Brown, Architect dated November 3, 2011 labeled third floor, drawing no.: A3A . Conditions: 1. The third story area shall only be used for storage, a sitting area and access to the balcony. 2. There shall be no interior doors installed on the third floor, except for a door at the top of the stairwell to the third floor and closet doors as proposed on the above referenced third floor plan That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued Before applying for a building permit the applicant or agent must submit to the Board of Appeals for approval and filing, two sets of the final architectural drawings conforming to the alternative relief granted herein. The ZBA will forward one set of approved, stamped drawings to the Building Department. Failure to follow this procedure may result in the delay or denial of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Page 3 of 3 — November 17, 2011 ZBA Filc#6512 - Treanor CTM: 1000-14-2-3.20 Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Dinizio, Schneider. (Absent w emberHorning) This Resolution was duly adopted (4-0). c Leslie Kanes Weisman, Chairperson Approved for filing ,1 // /2011 APPEALS BOARD MEMBER Gerard P. Gochrin`oer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.northl'ork.net • Mailing Address: Southold Town Hall 53095 Main Road - P.O. Box 1 179 Southold, NY 11971-09.59 Office Location: Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ,RJECLVED ct' ZONING BOARD OF APPEALS TOWN OF SOUTHOLD j 1J, Tel. (631) 765-1809 - Fax (631) 765-9064 OV 25!;4s Mf/ �uthold Town Clerk INDINGS, DELIBERATIONS AND DETERMINATION MEETING OF NOVEMBER 13, 2008 ZBA # 6209 - M. JUDGE and E. COSTELLO, Applicants PROPERTY LOCATION: 13007 Oregon Road, Cutchogue CTM 83-2-11.14 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated _2008 stating that this application is considered a matter for local determination as there appears to be no significant county -wide or inter -community impact. PROPERTY FACTS/DESCRIPTION• The subject property is a conforming 3.4313 acre parcel measuring 270 feet along the Long Island Sound to the north, 707 feet along the eastern boundary, 277 feet along the southern boundary, and 704 feet along the western boundary. The lot is improved with a single-family house and garage, as shown on the survey by Howard W. Young, L.S., dated April 21, 2005, amended January 30, 2008. BASIS OF APPLICATION: This request for a Variance under Section 280-18 is based on the Building Inspector's August 4, 2008 Notice of Disapproval concerning a new dwelling (under construction) for which a third -story is proposed for use as the owner's office rather than attic space. LWRP EXEMPTION: This application is exempt under Town Code Chapter 268. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on October 30, 2008, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: • Page 2 — November 13, 2008 ZBA # 6209 — M. Judge and E. Costello, Applicants CTM 83-2-11.14 AREA VARIANCE RELIEF REQUESTED: The applicants seek a variance to allow conversion of a portion the attic above the second -floor of this dwelling to a home office thus making this three-story construction. 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)(1). Grant of a variance to allow use a portion of the existing attic as a home office will not have an adverse effect on the character of the neighborhood or be a detriment to nearby properties. The change is interior and will not be visible from outside the house. 2. Town Law §267-b(3)(b)(2). The benefit of a home office cannot be achieved by means not requiring a variance. There no other suitable place for a home office within the house as constructed. 3. Town Law §267-b(3)(b)(3). The proposed variance is not substantial. The new office space will be within the confines of the existing house. 4. Town Law §267-b(3)(b)(5). The need for a variance was created by the applicant when they decided to make part of the attic usable as a home office. 5. Town Law 6267-b(3)(b)(4). No evidence has been submitted to suggest that grant of this relief will have an adverse impact on physical or environmental conditions in the neighborhood. 6. Town Law §267-b. Grant of the relief requested is the minimum action necessary and adequate to enable the applicants to enjoy the benefit of use of a home office above the second floor of the existing house, 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 Simon, seconded by Member Oliva, and duly carried, to GRANT the variance as applied for, subject to the following CONDITIONS: 1. Neither the home office nor any other part of the attic will be for sleeping. 2. A comprehensive sprinkler system will be installed for egress and ingress leading to/from and within the third floor area. 3. There will be no other plumbing on the third floor. Page 3 — November 13, 2008 ZBA # 6209 — M. Judge and E. Costello, Applicants CTM 83-2-11.14 That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Goehringer an liva inizio and Simon. Member Weisman was absent. This Resol n was duly 4d p' t� % ?ARD P. GOEHRINGER, CHA MAN 11/z1/08 roved for filing SEP 5 2008 lz V 2.12 U 0,FKAMINC 0 ic-Cc5a = 5TRUC) _ � o W-jo T.O. SUGAR-9T"Y 1: U- 0 I I.'3. 0 Z — It i O O uj T.O. 0 _. L ae U- N t0 N N r,0.5u -74.0 w CRADr -72. b 14' MICROU K4 MOGe OOARO (Sre 5TRUQ # ( R no/ FINAL MAP I REVIEWED BY ZBA SEE a.O $ j- 0 f 12 irn a7 - ( I ALIGN W) WAILS O' CONC AeM fOUNDATIDW 5¢ CONTMOU5 OCTAR SnerT Ae (TM eyn & x 1 G" CONC frG W) (9) 04 DORS CONTINUOUS - D' RAT 51AC Tr\T T I%Z T�Tr\TlT ARCHITECTURE FS %14 ambridge Street Cambridge, MA 02141 617.547.8002 Job: Costello -Judge Residence Date: 08/15/178 Revision: Section • 14, • APPEALS BOARD MEMBERS James Dinizio. Jr., Chairman Gerard P. Goehringer Ruth D. Oliva Michael A. Simon Leslie Kanes Weisman http://southoldtown.noxthfork.net U Mailing Address: Southold Town Hall 53495 Main Road - P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold. NY 11971 ZONING BOARD OF APPEALS 10cowb TOWN OF SOUTHOLD Tel. (631) 765-1809 - Fax (631) 765-9064 4447 -- FINDINGS, DELIBERATIONS AND DETERMINATIOloothold Town Cleri MEETING OF DECEMBER 6, 2007 ZB File # 6097 - DANIEL HUME Property Location: 14216 Oregon Road, Cutchogue CTM 72-2-5 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated October 31, 2007 stating that this application is considered a matter for local determination as there appears to be no significant county -wide or inter -community impact. BASIS OF APPLICATION: Request for a Variance under Section 280-14, based on the Building Inspector's October 1, 2007 Notice of Disapproval concerning a third -story to a single-family dwelling (under construction and subject to Building Permit #33295-Z). The Building Inspector notes that the construction shown on plans submitted September 19, 2007 reflect a third -story instead of 2.5 stories ZONING CHAPTER 280 OF TOWN CODE (formerly Chapter 100)• Zoning Code Section 280-14 states that no building shall be erected in the AC district with a height exceeding 2.5 stories. LWRP CODE CHAPTER 268 EXEMPT: This application is exempt from review pursuant to Chapter 268-3(F) for the reason the proposed building is located greater than 100 feet from the wetland boundary or regulated natural feature, as per Chapter 275 (Wetlands and Shorelines). Page 2 — December 6, 2007 • . ZBA File No. 6097 — Daniel Hume CTM 72-2-5 FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on November 15, 2007, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant requests permission to construct a 523 square foot floor area for habitable area, or a third story, in a single-family residential house. The code limits the number of stories to two and one-half stories. 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)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Constructing a room within the house as framed will not result in any change to the existing building's exterior. 2. Town Law &267-b(3)(b)(2). The benefit sought by the applicant, access to the upper part of the interior of the house, cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. 3. Town Law §267-b(3)(b)(3). The variance requested herein is not substantial. There will be no change in the exterior dimensions of the dwelling. 4. Town Law §267-b(3)(b)(5). The difficulty has been self created. 5. Town Law §267-b(3)(h)(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. 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 abole factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Simon, seconded by Member Weisman, and duly carried, to Page 3 — December 6, 2007 * ! ZBA File No. 6097 — Daniel Hume CTM 72-2-5 GRANT the variance as applied for, as shown on February 2007 Revised Sheet 1, July 2007 Revised Sheets 3 and 6, prepared by Charles M. Thomas, Architect, subject to the following CONDITIONS: 1. No bath or bedroom shall be allowed on the third floor. 2. Sprinkler system shall be installed as per Code. That the above conditions shall be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members inizio (Orman), Oliva, Goehringer, Simon, and Weisman. This Resolution was d y adopted A Dinizio Jr., ghairnian 12/ 18'/2007 ed for Filin II=fsonONE ll� =Urson ��0li 111 = iii iii 1 �21��1�� =II,III IIS I m� III, 111 . III IIIIII IIIIII'I II � _ _ _ � i h�llll ���� III -`111 III IIIIIIIILI_IIIIIIII�L�II1�'_'• � � I�L'�� I�I'� ! i IIIIIII V��iL u��i IIII 1N 1111111111 © mom iiiiiiiiijiliiiiiil iii 0 APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard R Goehringer James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net Mailing Address: Southold Town Hall 53095 Main Road* P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 - Fax (631) 765-9064 FINDINGS, DELIBERATIONS, AND DETERMINATION MEETING DATE: February 2, 2006 PUBLIC HEARING DATE: January 26, 2006 ZBA Application No. 5822 Applicants/Owners: JAMES NEUMANN Property Location: 750 Mill Road, Mattituck CTM 107-1-1 RECE11fD /-fid P/& FEB 7 2006 Soutiic,id Tc r: to Clerk 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 an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 24.9088 acres with direct frontage along Mill Road in Mattituck. The house was demolished, pending reconstruction of a new single-family dwelling (see open building permit of record). BASIS OF APPLICATION: A variance is requested under Section 100-30A.3, bulk schedule, based on the Building Inspector's October 20, 2005 Notice of Disapproval concerning a building permit application to amend Permit No. 31483-Z for construction of a new dwelling which will exceed the code limitation of 2-1/2 stories for proposed 132 square feet of space above the second floor and code -compliant stairs, at 750 Mill Road, Mattituck; CTM 107-1-1. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on January 26, 2006, which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: RELIEF REQUESTED: Owner/applicant requests an amendment to an existing building permit in order to construct a 132 square foot enclosed "observatory room" extension at attic level with interior code compliant stairs that will rise above the two -and -a half -story code bulk schedule to obtain views of Long Island Sound above the existing mature tree line to the North of their property. Page 2 - February 2, 20 Appeal No. 5882 — James Neumann CTM 107-1-1 REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The subject house and property has no immediate neighbors and is screened with heavy trees. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an amendment to their existing building permit allowing construction of an extension above the 2%2 story height limitation. 3. The relief granted herein is not substantial. The proposed observation room is 132 sq. feet which represents 3.4% of the gross room area. 4. The alleged difficulty has not been self-created. The owner/applicant is building a new home over the footprint of their older family home, which for many years afforded them a full water view of the Sound from their second floor. As trees matured over time, their views have become restricted. The third story observation room is necessary to both preserve the mature tree line and the owner/applicant's desire to continue to enjoy views of the Sound. 5. No evidence has been submitted to suggest that the proposed additions will have an adverse impact on physical or environmental conditions in the neighborhood. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of views of the Sound 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 267-13, motion was offered by Member Weisman, seconded by Member Simon, and duly carried to GRANT the variance as applied, as shown on the plan ALT -1 revised July 15, 2005 by Ronald Edward Pfuhl, Registered Landscape Architect, subject to the following Condition: That the dwelling be outfitted with a fire suppression system meeting New York State construction codes. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva (Chairwoman), Dinizio, Simon, and Weisman. Member Goehringer was absent. Ti`"eesoollu�tion yyps I dopted (4-0). UAP - Ruth Oliva, /C(hjairwoma�n(� 2/6/06 Approved for filing P N� Yi 3J2 l.A S 1LSA a•1 �' y,, � t IX ,S►SA1 1�J 'P qV CWNTY OF SUFFOLK Y�t 4� N ti l �°' � Ya►• ii nom, 11 y3 m r}' v f A y i P �!� yti► q tJ '}q r o a�► d 2.2AUc1 �,1♦ 11 ', ,i1 I; YDOW) TOfN QF la.l ` tii � �♦ � SOUTNOLO a e «� ► �q 2 aaa l`'�l� 1 %It V + ` s 3.2 \ c 11 Sta s � y a a �t} •• ,6 S I.tMcl 2.lAU g 1 , 1tµcT % `• s � t t � S O �•a *% �a 1a 2i a1 y �' TTy�' ♦\ � f s $ � I35 a O \\ tit v��, ��1 q3 O�� ql �q't ,ya 2.OMc1 ► .,,yl` ' 1� � 71 2q • c 3' � ` FOR M. WIq y'20 A 4 '� ;� ` N.i e r 1e 4 rtwjo 00 11 l3 •w t ,' 2' ,6 ai y ,i cl ,. 43. � �h * \� \O 3\5 4 L• 3 �, a►tci f IwafMOCA ?7,t wTCN � LAE i 2 L r yr1Y > t,. LW Yen Ls w . Ibct Law sw"a.rlk) u. - SM — ybTf Park, lti — - " — - l Ess oP"P" OTFcPTsa, Kl PAOP[PTiCs Sc,Eoal III— r"c x.cA ."c �; sTa¢rs, l M.T — - 1.1 SO w pwl L T S"� . SI,"s SPon/ Ol�n,en . • lVr, 0".rk, In - - q,r"a Parrkr lrr. �� - • �— - ".,,. ♦, nssr„r lriFI - SEE SEC. NO. 100 MATCH LPE 2.4 qa LS �\ ,y 1 10.1A �t COtMYY OF UFrOLK a � 1.7 ,xvtLroAlwr A,prs, `tom T•'� MNTY OF SUFFOLK ('�� 1/ .,A KYYELOP,4M PCArs, � � a ^ s O 1 ZUAtd P N� Yi 3J2 l.A S 1LSA a•1 �' y,, � t IX ,S►SA1 1�J 'P qV CWNTY OF SUFFOLK Y�t 4� N ti l �°' � Ya►• ii nom, 11 y3 m r}' v f A y i P �!� yti► q tJ '}q r o a�► d 2.2AUc1 �,1♦ 11 ', ,i1 I; YDOW) TOfN QF la.l ` tii � �♦ � SOUTNOLO a e «� ► �q 2 aaa l`'�l� 1 %It V + ` s 3.2 \ c 11 Sta s � y a a �t} •• ,6 S I.tMcl 2.lAU g 1 , 1tµcT % `• s � t t � S O �•a *% �a 1a 2i a1 y �' TTy�' ♦\ � f s $ � I35 a O \\ tit v��, ��1 q3 O�� ql �q't ,ya 2.OMc1 ► .,,yl` ' 1� � 71 2q • c 3' � ` FOR M. WIq y'20 A 4 '� ;� ` N.i e r 1e 4 rtwjo 00 11 l3 •w t ,' 2' ,6 ai y ,i cl ,. 43. � �h * \� \O 3\5 4 L• 3 �, a►tci f IwafMOCA ?7,t wTCN � LAE i 2 L r yr1Y > t,. LW Yen Ls w . Ibct Law sw"a.rlk) u. - SM — ybTf Park, lti — - " — - l Ess oP"P" OTFcPTsa, Kl PAOP[PTiCs Sc,Eoal III— r"c x.cA ."c �; sTa¢rs, l M.T — - 1.1 SO w pwl L T S"� . SI,"s SPon/ Ol�n,en . • lVr, 0".rk, In - - q,r"a Parrkr lrr. �� - • �— - ".,,. ♦, nssr„r NORTt1 [ VAT) N x+u: iN.io SECOND FLDOR KEY PLAN xcan noR u rowmro emr ru sue ro aeeenrpx im. D FIRST DOR FLAN O S[COND BOOR FLAN L _, OVERLDOK IfVEL FLOOR PLAN Ord FLOOR VARIANCE) %, Og9gtVAT ON QYCR OK KEY FLAN (9z- MAN rNtf NxlK' NAI1: IR�[lriR.�GOMIawTd bwR�uX NJIL. IA.Ib NEUMANN RESIDENCE .varm+u ro�wi Rxnnm xnacmxn, uwww 1CEns v 7ASfu m Z& ALT- I APPEALS BOARD MEMBERS • Ruth D. Oliva, Chairwoman Gerard P. Goehringer James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman o�jpF sa�ry� � l0 CA bftC coum http://southoldtown.northfork.net Mailing Address: Southold Town Hall 53095 Main Road - P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southol11171ect ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 - Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF APRIL 27, 2006 ZB File No. 5852 — ERIC ROULEAU and JAMES CARDWELL Property Location: 3105 Peconic Lane, Peconic CTM 74-4-16.1 4/,0,00;C JUN 5 2006 �1V iv�'� T. , , i • .7l SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 25,700 square foot parcel has 150 feet along the west side of Peconic Lane, Peconic, and is improved with a 2-1/2 story home, as shown on the September 11, 1978 survey prepared for a previous owner, Louise O. Day, by Roderick VanTuyl, P.C. BASIS OF APPLICATION: Building Department's February 6, 2006 Notice of Disapproval, citing Section 100- 30A.3, in its denial of an application for a building permit to construct alterations to the existing non -habitable attic. The reason stated by the Building Inspector in the denial is that the Code limits a building to 2-1/2 stories, and the proposed alteration converts the attic to a third story. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on March 30, 2006, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicants wish to construct alterations which will result in an increase of 365 square feet of habitable floor area to the current non -habitable third floor space. The 365 square foot increase is equal to about half of the lower first two floor areas. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicants are renovating the existing home, adding a sunroom with deck accessible from the second floor, adding a similar roof deck accessible from the third floor over the existing second floor, and increasing the roof height by 2 ft. 6 inches to allow habitable floor area in the third story attic floor area. The third floor addition was previous construction in the 1940s, and will also convert a relatively flat roof to a pitched roof, and add to dormers that are contextual to the original architecture. The applicant is recreating the third floor of the home that was built in the early 1900s. Although the Code does not allow third - story homes based on the limitation of 2-1/2 stories, the Board does feel that with reasonable conditions, the result will be favorable to the architecture and integrity of the house, adding to the value, safety, and character of the house and the neighborhood. Page 2 — Apn I L .7, 2006 ZB File Nc. 5852 — E. Rouleau and9ardwell CTM No. 74-4-16.1 U 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The home was built in the early 1900s and a part of the third level was used as habitable area, before it was converted to the existing non -habitable attic. 3. The difficulty was created when the third floor was altered and re -designated an attic by previous owners. 5. 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. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy alterations to the existing dwelling, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. As a condition to this variance, the dwelling will have installation of a complete fire suppression system (for all floors). RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Member Weisman, and duly carried, to GRANT the variance as applied for, as shown on the applicants' elevation and building diagrams date stamped Feb. 14, 2006, and a copy of a J. Ehlers surveyor map received from the applicants on February 14, 2006, subject to the following condition: That a complete fire sprinkler system shall be installed by the applicants. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Dinizio, Simon, and Weisman. This Resolution was duly adopted (5-0). Ruth D. Oliva, Chairwoman 6/ ,/06 Approved for Filing p 0 0 31►�j RIGHT SIDE ELEVATION 5CAlf:: 114" - 1' O' j 105, pe C0A,i1 CA.) i RIGHT 51DE ELEVATION. 5CALE: 1/4" = 1'-0" v s r. r . -. .. ��..:-a•.�..,_..�..:o. ,3.A ��' ..... �...�—..._..._ _.._, � - �`K' .. E•S'�V- may, +'`'�k� _ •T'. �Y `In Yom. _ rad E.• s 1� �F t S F BUILDING CB. misc. 1' - i it� I f• •P 3 Y •@' I ` F �.. e:. r -c .:. >.•..rt.�... ` _. _.. �'A _�S.L .. ��.al'2 i aQs"� Ill. -r:: Y`.�a-�4'ridL:� -.�. KIP4 U e ec r ^`?,Aid s _ • . �� 9t. ' ' 111111 ��.....� 1 � Tom• #� Value Per,Acre _ i • • �ArAAMI M a� / 10RoorTra� MAxiMvM �'-'ts) (D=PKU01PUO-5,11ELE) SIDEIDE '(WE-5-TELEVATION 0,0 RECEIVED PR (d 1 ABOARD OF APPEALS ` t. 2 PROPOSED PIONT (WEST) ELEVATION NY CIC MARK SCHWARTZ AIA ARR(linTCf 28195 MAIN ROAD CUTCHOGUE NEW YORK 1195 P. 631.779;185 lElevations _DECK i - L MASTER BATH- Catl1 F1 i� L --4 !�- -+ ;.. uit 5i mei rzn exm SL otr :Cva I ..T tlt DINING MASTER BEDROOM I LIVING ROOM cH 9'-G• CH - 6--a I C„ = 9,-6' 2x12 FJ 2at2 Fc 2,12 PJ ®I6'o.c. i+ 20. c- PROP05ED STAIRCASE 0 TO THIRD MOOR KITCHEN cm &-o. _ FM - IXPAND ' 2a12 FJ 1 _ _ _ _ _ _ _ _ W/NDRY CLOSE! .. OFFICE ®I� s• o:�. ch = 6-0, LAUNDRY GUEST SUITE Camedni Ceding 'IS WALK-IN CL05ET cn - a -o• _ PROPOSED SECOND FLOOR PIAN SCALE: Z - I' -O'• M-swl�l NY LIC. MARK SCHWARTZ AIA ARCHTCECf 28495 MAIN ROAD CUTCHOGUE NEW YORK 11935 F: 631-7344185 Floor Plans A-9 ,w ii l %i PROPOSED THIRD FLOOR PLAN e MARK SCHWARTZ AIA AROUnCr I2"" IIMN ROAD CU CHOGUE NEW YORK 11935 P. 634734418$ (1) STEPHAN KALAIJIAN TAKEN MAR.8,2014 LOOKING NORTH t, f (2) STEPHAN KALAIJIAN T LOOKING SE AKEN MAR.8,2014 t t NO Awl I MA FwAk wawl%qw� 1 04, iki& A OVA 4j 1 a '•e�.�+�—�— .�.�r' .r.-rte•^� . ..r '°" - / �' }+ may.—•.s"r.�� s '�' +»--�+r+•,. v .r S A� rr,i a: i- ➢� �� '"�_^. ,,,i s �`.. jj� �,/•�� to t � 'tom .� �.' ' ! " •� 'G� � � `� � i.- r LZ � •r -w-`''��•c��z��; v �11111 (4) STEPKAN KALAIJIAN TAKEN MAR. 8, 2014 LOOKING NW A Yr - allmono s r vm � ar• I; - 4 (6) STEPHAN KALAMAN TAKEN NIAR.8,2014 LOOKING WEST PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FORTITLE SURVEYS AS ESTABLISHED BY THE L.I.A.L.S. AND APPROVED AND ADOPTED FOR SUCH USE BY THE NEW YORK STATE LAND TITLE ASSOC AT+OFY." - _. OK �l rl N.Y.S. Lic. No. 50467 UNAUTHORI: TO THIS 5L SECTION 7, EDUCATION COPIES OF THE LAND EMBOSSED TO BEAVi CERTIFICATI( ONLY TO TI IS PREPARE TITLE COMP LENDING IN TO THE AS`. TUTION. CEI THE EXIST AND/OR E ANY, NOT SHOWN ARE NOT GUARANTEED. SURVEY OF PROPERTY SITUATE MATTITUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-112-01-18 SCALE 1 "=40' MAY 21, 2012 JULY 24, 2013 ADD SPOT GRADES AROUND HOUSE \AA nnI 1 n7 Aril A Ann flml m Af MI1 1f 11