HomeMy WebLinkAbout47255-Z 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)
Permit#: 47255 Date: 12/22/2021
Permission is hereby granted to:
Hollander, Jonnah
461 Dean St Apt 22E
Brooklyn, NY 11217
To: demolish raised patio addition and to construct accessory in-ground swimming pool as
applied for per ZBA approval.
At premises located at:
275 Maple St., Greenport
SCTM # 473889
Sec/Block/Lot# 42.-1-15
Pursuant to application dated 11/30/2021 and approved by the Building Inspector.
To expire on 6/23/2023.
Fees:
SWIMMING POOLS -IN-GROUND WITH FENCE ENCLOSURE $250.00
CO- SWIMMING POOL $50.00
DEMOLITION $72.00
Total. $372.00
Building Inspector
TOWN OF SOUTHOLD—BUILDING DEPARTMENT
Aff
Mi R-04 Town Hall Annex 54375 Main Road P. O. Box 1179 Southold,NY 11971-0959
Telephone (631) 765-1802 Fax(631) 765-9502 _ _
Date Received
APDLICATION FOR BUILDING PERIMMIT
For Office Use Only
PERMIT NO. Building Inspector;
LA
Applications and forms must be filled out in their entirety. Incomplete _
applications will not be accepted. Where the Applicant is not the owner,an J -
Owner's Authorization form(Page 2)shall be completed.
Date:11/29/21
OWNER(S)OF PROPERTY:
Name:Jonnah Hollander SCTM #1000-42-01-15
Project Address:623 Maple St Greenport NY 11944
Phone#:203-434-3878 Email:JGH 1130@gmail.com
Mailing Address:623 Maple St Greenport NY 11944
CONTACT PERSON:
Name:AMP Architecture, Jess Magee
Mailing Address: 1075 Franklinville Rd Laurel NY 11948
Phone#:516-214-0160 1 Email:jmagee@amparchitect.com
DESIGN PROFESSIONAL INFORMATION:
Name:AMP Architecture, Anthony Portillo
Mailing Address: 1075 Franklinville Rd Laurel NY 11948
Phone#:516-214-0160 Email:aportillo@amparchitect.com
CONTRACTOR INFORMATION:
Name:
Mailing Address:
Phone#: Email:
DESCRIPTION OF PROPOSED CONSTRUCTION
El New Structu 0-Addition ❑Alteration ❑Repair ❑Demolition Estimated Cost of Project:
E Othe
Will the lot be re-graded? ❑Yes RNo Will excess fill be removed from premises? ❑Yes No
1
PROPERTY INFORMATION
Existing use of property:Single Family Residence Intended use of property:Single Family Residence
Zone or use district in which premises is situated: Are there any covenants and restrictions with respect to
R-40 this property? Dyes -No IF YES, PROVIDE A COPY.
Ef Check 5 -e r Reading- The owner/contractor/design professional is responsible for all drainage and storm water issues as provided by
Chapter 236 of the Town Code. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone
Ordinance of the Town of Southold,Suffolk,County,New York and other applicable Laws,Ordinances or Regulations,for the construction of buildings,
additions,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 authorized inspectors on premises and in building(s)for necessary inspections.False statements made herein are
punishable as a Class A misdemeanor pursuant to Section 210.45 of the New York State Penal Law.
Application Submitted By(print name):AMID Architecture Jess MageeBAuthorized Agent ❑Owner
Signature of Applicant: Date: ( Cl '
f
STATE OF NEW YORK)
SS:
COUNTY OF Suffolk
AMP Architecture, Jess Magee being duly sworn, deposes and says that (s)he is the applicant
(Name of individual signing contract) above named,
(S)he is the agent
(Contractor,Agent,Corporate Officer, etc.)
of said owner or owners,and is duly authorized to perform or have performed the said work and to make and file this
application;that all statements contained in this application are true to the best of his/her knowledge and belief, and
that the work will be performed in the manner set forth in the application file the wit, q
BARBARA ter TANGY
Sworn before me this Notary Public, state Of New York
q L No. 01 TA6086001
O� 1 day of 20 al Qualified In Suffolk county
Notary Public
G-- � ' � L
(Where the applicant is not the owner)
pI(?ase see 04tacy)td
I, residing at
do hereby authorize to apply on
my behalf to the Town of Southold Building Department for approval as described herein.
Owner's Signature Date
Print Owner's Name
2
BOARD MEMBERS Southold Town Hall
v S �
Leslie Kanes Weisman,Chairperson 53095 Main Road•P.O.Box 1179
Southold,NY 11971-0959
Patricia Acampora Office Location:
Eric Dantes Town Annex/First Floor,
Robert Lehnert,Jr. 5n. 54375 Main Road(at Youngs Avenue)
Nicholas Planamento �� � S
WCEIVED
http://southoldtownny.gov4tAUG�2�3:&'
ZONING BOARD OF APPEALS v 'J
TOWN OF SOUTHOLD
Tel.(631)765-1809•Fax(631)765-9064 U TO '1 Clerk
CONFIDENTIAL PRELIMINARY DRAFT FINDINGS for meeting of:August 19,2021
Assigned member:ELD
ZBA FILE#7522
NAME OF APPLICANT: Jonnah Hollander
PROPERTY LOCATION: 275 Maple Street, Greenport,NY SCTM# 1000-42-1-15.
SES DE A It : 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 May 25,2021 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 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 subject property is a non-conforming 7,500 square foot parcel located
in an R-40 Zoning District. The parcel runs 50.00 feet fronting Maple Street along the northerly property line,runs
150.00 feet on the West side, 50.00 feet on the South side,and 150.00 feet on the East side. The parcel is improved
with a two-story frame dwelling, attached raised concrete stone patio and covered concrete porch,and an accessory
garage. All is shown on a survey by Kenneth M Woychuck,L.L.S.,dated September 25,2020,
BASIS OF APPLICATION: Request for Variance from Sections 280-124; and the Building Inspector's April 26,
2021 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool;
at 1)more than the code permitted maximum lot coverage of 20%located at 275 Maple Street,Greenport,NY SCTM
# 1000-15-3-7.
FIEF : The applicant requests a variance to construct a swimming pool that will result in a lot
coverage of 26.3 percent where 20%lot coverage is permitted by Town Code.
DI 'I II AL OR `ION: The proposed site plan prepared by Anthony M.Portillo,Architect indicates the
existing lot coverage as 23%,and proposes an increase of 3.2%with the construction of a 12 ft. by 20 ft. in-ground
swimming pool totaling 26.3% lot coverage. According to the zoning data submitted by the applicant's design
professional, the existing house has a lot coverage of 12.4%; the existing porch has a lot coverage of 0.9%; the
existing raised concrete patio has a lot coverage of 3.9%and the existing garage has a lot coverage of 3.2%.A letter
of objection from a neighbor was received, expressing concerns over potential noise and traffic that would be
generated by the installation of the proposed pool. The applicant also proposes to convert the existing accessory
Page 2,August 19,2021
#7522,Hollander
SCTM No. 1000-42-1-15
garage in the rear yard to a seasonal pool house with half bathroom,under-counter refrigerator and wet bar connected
to Greenport water and sewer, a sitting area, an 8-foot x 6-foot storage area accessible from the exterior of the
accessory-structure, and an attached 6. 6-foot x 4.2-foot outdoor shower addition. At the hearing the applicant's
agent informed the Board of prior ZBA determination File#6650 for an approved in ground pool in Greenport with
a lot coverage of 22 percent-
F
The Zoning Board of Appeals held a public hearing on this application on August 5,2021 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:
I. Town Law§267-b(3)(b)(11. Grant of alternative relief to maintain the existing 23% lot cover-age by removal of
the existing raised concrete patio will not produce an undesirable change in the character of the neighborhood or a
detrime'nt to nearby properties. 'Me neighborhood is a residential neighborhood that consists of single-family homes
on narrow lots along Maple Street which is a short street that dead ends at the subject property which is adjacent on
the easterly side of the property to a school parking lot. The rear and side yards are fully screened for privacy with
fencing and very mature evergreens and the prospered pool will not be visible from the street or from adjacent
properties.
2. Town Law§267- Qjqq121. The benefit sought by the applicant cannot be achieved-by some method, feasible
for the applicant to pursue,other than an area variance..The lot's improvements already exceed the 20%lot coverage
allowed by town code and any new structures or additions will require the benefit of an area variance. However,the
applicant can remove-the existing raised concrete patio and build the swimming pool without expanding
the existing non-conforming lot coverage.
3. Town Law 6267-y3 b)Q. The variance requested herein is mathematically substantial,representing 30%relief
from the code. The alternative relief granted herein is 15%relief from the code which is half the relief the applicant
is requesting and more conforming to the excessive lot coverage of 22%previously granted by the ZBA for a pool
in Greenport submitted by the applicant's agent. The approval of the alternative relief still allows the applicant to
maintain a pre-existing non-conforming lot coverage while being able to build a swimming pool. The applicant can
also continue to enjoy the benefit of an at-grade patio in the rear yard which will not increase the existing lot coverage
beyond 23 percent.
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 must comply with Chapter 236 of the Town's Storm Water Management Code.
5, Town Law§267-b13)Q))(5`1. 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 11267-b. Grant of alternative relief is the minimum action necessary and adequate to enable the
applicant to enjoy the benefit of a swimming pool while preserving and protecting the character of the neighborhood
and the health, safety and welfare of the community.
Page 3,August 19,2021
#7522,Hollander
SCTM No. 1000-42-1-15
RESOLUDON1_0F THE BOARD:In considering all of the above factors and applying the balancing test under New
'fork Town Law 267-B,motion was_ offered by Member Dantes,seconded by Member Lehnert,and duly carried,to
DENY as applied for,and GRANT ALTERNATIVE RELIEF for a non-conforming lot coverage of 23%.
SUBHCT TO TIRE FOLLONVING CONDITIONS:
1. Evergreen screening shall be continuously maintained.
2. Pool mechanicals shall be placed in a sound deadening enclosure.
3. Drywell for pool de-watering shall be installed.
This approval shall not be deemed effective until the required conditions have been met.At the discretion of
the Board of Appeals,failure to comply with the above conditions may render this decision null and
void
That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued
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.
Berare a ly ng t T a building ernlit. the applicant or agent must submit to the Board of Appeals for approval and
filing, two sets of the final signed and stamped site plan, with the recalculation of lot coverage 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. In the event that this is an approval'
subject to conditions, the approval shall not be deem6d effective until such time that the foregoing conditions are*
met; and failure to comply therewith will render this approval null and void.
Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the
Board of Appeals shall become null and void where a Certificate of Occupancy has not been
procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three
(3)years from the date such variance was granted. The Board of Appeals may,upon written
request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one
(1)year terms.
Vote of the Board:Ayes:Members Weisman(Chairperson),Acampora,Dantes,Lehnert,and Planamento(5-0).
C
're
slie es Weisman, Chairperson
Approved for filing 9/-?0 /2021
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