HomeMy WebLinkAbout47922-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#: 47922 Date: 6/7/2022
Permission is hereby granted to:
Samaan, Catherine
...-�................w....� ww _._...
125 BroadwatersRd ....._... _... ._
....................
Cutchoque,NYwww�.7-935 ......................aaaaa _. _._._ ._._._....._
To: construct accessory in-ground swimming pool as applied for per ZBA approval.
At premises located at:
125 Broadwaters Rd.,WCutchoue
SCTM # 473889
Sec/Block/Lot# 104.-12-8.2
Pursuant to application dated __ 5/3/2022 ., and approved by the Building Inspector.
To expire on 12/7/2023.
Fees:
SWIMMING POOLS -IN-GROUND WITH FENCE ENCLOSURE $250.00
CO - SWIMMING POOL $50.00
Total: $300.00
Building Inspector
TOWN OF SOUTHOLD—BUILDING DEPARTMENT
` Town Hall Annex 54375 Main Road P. O.Box 1179 Southold NY 11971-0959
Telephone(631)765-1802 Fax (631) 765-9502 LitgLs "�wwws����tiffioldlwc
Date Received
APPLICATION FOR BUILDING PERMIT
For Office Use Only
MAI
PERMrr NO. BuildingNnspecterr:
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G1d P�.
Applications and forms must be filled out in their entirety. Incomplete �:�
applications will not be accepted. Where the Applicant is not the owner,an
Owner's Authorization form(Page 2)shall be completed.
Date: ;
OWNER(S)OF PROPERTY:
Name: ° � � �lCm `w�° �„gyp u ���$ � SCTM#1000- T :� w .
Project Address: r5 : .
Phone#: �' $ 4r pJ �i Email' �w° r �' _ ,� � a�ai �..C,J,
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Mailing Address: 7, � l. �k ,, �
CONTACT PERSON:
Name:
Mailing Address:
" � °'
„ �� �. ... Email , P � .i;��� ev
Phone#
DESIGN PROFESSIONAL INFORMATION:
Name: , /, ,
Mailing Address: � s�� , ,,,. '.� ,,�y : w°� -� �4.,1 �
Phone#: o� C j "Iwa Email:
CONTRACTOR INFORMATION:
Name:
Mailing Address:
Phone#: Email:
DESCRIPTION OF PROPOSED CONSTRUCTION
❑New Structure ❑Addition ❑Alteration ❑Repair ❑Demolition Estimated Cost of Project:
,
`Other �"7��^� t,- � �"� , 7 '�.”-/
Will the lot be re-graded? ❑'Yes,, 1N' o Will excess fill be removed from premises? Y'es ❑No
1
PROPERTY INFORMATION
Existing use of property: J Intended use of property: � � �a ,'„�t � ��, 's
Zone or use district in which premises is situated: Are there any covenants and restrictions with respect to
r ro
this ? ,
property? ❑Yes �Io IF YES, PROVIDE A COPY.
Q Cbeck Box After 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): C+tpa4 ne ❑Authorized Agent ner
Signature of Applicant: I Date: 54-17-2-
STATE
4-17—ZSTATE OF NEW YORK)
SS:
COUNTYOF
i
being duly sworn,deposes and says that(s)he is the applicant
(Name of individual signing contract)above named,
(S)he is the D” 02--
(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 therewith.
Sworn before me this
_day ofnky
Zt
otary Public
SETH G BANK
Notary Public-State of New:2026
N0.01BA6427783
PROPERTY OWNER AUTHORIZATION„ M Qualified in Suffolk CounµµµµµµWhere theapplicant Is not..�.........�...
��,.,....._„�'......�.�m.�.-, [MY Commission Expires Jan 3,
the owner)
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
Leslie Kanes Weisman,Chair Southold Town Hall
Chairperson BOARD MEMBERS '" ""; ,,,
53095 Main Road •P.O.Box 1179
Patricia Acampora1t Southold NY 11971-0959
Eric Dentes
; �d )fl
Robert Lehnert,Jr. w , Town Annex/First Floor,
Nicholas Planamento " 54375 Main Road(at Youngs Avenue)
Southold,NY 11971
http://southoldtownn �'i iE C��`'V D
y.gov
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel.(631) 765-1809 • Fax (631) 765-9064
FINDINGS, DELIBERATIONS AND DETERMINATI1 Nbr 'Towl r
MEETING OF APRIL 21, 2022
ZBA FILE: 7634
NAME OF APPLICANT: John Carter & Catherine Samaan
PROPERTY LOCATION: 125 Broadwaters Road, Cutchogue, NY SCTM No. 1000-104-12-8.2
)w)I I Iw �
I (1�A J.( : The Zoning Board awrf Appeals eels has visited the property under considerationin this application and determines that this review fails under the Type II category of the State's List of
Actions, without further steps under SEQRA.
Suffolk CoimtyLDepartmlent of l nRAJ,), ( C1C This application was not required to be referred to the
ning under the Suffolk County Administrative Code Sections A 14-14
to 23.
LWEIU�M- l AI10N: 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.
PR ; f""J:.*A I �P L�UK 1n (' N.° The subject property is a 55,140 sq. ft. (1.26 acres) parcel located
in an R-40 Zoning District. The property is a corner lot with a 191.59 feet irregularly shaped frontage on
Broadwaters Road along the northerly property line, then turns south for 218.59 feet along Vanston Road,
turning west for 188.00 feet, before returning 284.6 feet north back to Broadwaters Road. The property is
improved with a one story single family dwelling, as shown on site plan depicted as a proposed, prepared
by Robert A. Steele, LPE, dated January 21, 2022. There are currently additions and alterations to the
dwelling being constructed under building permit# 46754.
BA5_T QL AR 1 J # 1(-Q;(i Request for a variance from Article III, Section 280-15 and the Building
Inspector's January 13, 2022 Notice of Disapproval based on an application fbr a permit to construct an
accessory swimming pool„ at 1) located in other than the code permitted rear yard; located at: 125
Broadwaters Road, CutchOgue, NY. SCTM No, 1000-104.12-8.2,
1'(-.�::,E JE.E'R LQ UE. 1 km1 : The applicant requests a variance to construct an accessory swimming pool in a
side yard where; it is required in the rear yard.
l 11ON I IC6 "I( N: The dwelling sits on a corner lot and faces Broadwaters Road. There
is currently construction taking place under BP# 46754, at the rear of the house. The pool is to be located
at the rear of the house, and a variance is only required due to the corner lot placement. Letters of support
have been received from the adjoining neighbors. The property is heavily wooded from the dwelling to
Page 2, April 21,2022
#7634, Carter-Samaan
SCTM No. 1000-104-12-8.2
Vanston Road eliminating potential issues of adverse visual impacts and lack of privacy from neighbors'
properties and from Vanston Road to the swimming pool.
ELM tNQ5-QE--LA"(,'.t/-REik.SoN2S-i"-Q-K.,13-( A-fLfLA '"l I
-Q-]ON.:
The Zoning Board of Appeals held a public hearing on this application on April 7, 2022 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 13oard Finds the following
facts to be true and relevant and makes the foHowing findings-.
1. Town, I,aw 42(17bI3)(b)(J), Grant of the variance will not produce an undesirable change in the
character of the neighborhood or a detriment to nearby properties. The proposed pool is located in the
architectural rear yard of the hoose on this corner property.The property isadouble lot which resulted from
a merger and there is a very large wooded buffer between the subject dwelling, the proposed pool and
Vanston Road, which, given the road's higher elevation and the large setback of the proposed pool, will
prevent any adverse visual impacts to either Broadwaters or Vanston or any adjoining property.
2. Town Law 267-1a(3),M(2). The benefit sought by the applicant cannot be achieved by some method,
feasible for the applicant to pursue, other than an area variance. Due to the corner lot location, there is no
legal rear yard for the placement of the pool in a conforming location, therefore any Pool Would require
variance relief.
3. Town Law 4267-bL3)(b)(3). The variances granted herein is inathernatically substantial, representing
100% relief frorn the code. However, due to the corner lot location of the property there is no functional
rear yard in which to place an accessory pool in a conforrning location. I he proposed pool also meets all
of the setback requirements for an accessory pool, arid is located close to the subject dwelling where it has
the least impact on neighbors arid is in the most functional location in relation t.o the layout of the house,
Also, the pool is proposed to be sited on relatively flat open land where no tree removal is required.
4. Town Law .4267-b,Q(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
neig-hborhood.1"he applicant must comply with Chapter 236 of the Town's Storm Water Management Code
and conditions of this board.
5. Town Ilaw, §267-b(3)(b)(51, The difficully has been self-created, "I"he 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 V67-b. Grant of the requested relief is the minimum action necessary and adequate to enable
the applicant to enjoy the benefit of an accessory swimming pool while preserving and protecting the
character of the neighborhood and the health,safety arid welfare of the community, 0
K-F, -V'r'i' DEL' JKIAEU."�: In considering all of the above factors and applying the balancing test
under New York Town Law 267-B, motion was offered by Member Lehnert, seconded by Member
Planamento, and duly carried, to
GRANT the variance as applied for, and shown on the site plan prepared by Robert A. Steele, LPE, dated
January 21, 2022. .
Page 3,April 21,2022
#7634, Carter-Samaan
SCTM No. 1000-104-12-8.2
SUBJECTTOTH A.FOLDOWINGCONDiTI4:)NS:
1. Pool pump equipment/mechanicals must be located a minimum of 20 feet from any property line
or be contained in a shed type enclosure with a lot line set back that is in conformance with the
bulk schedule for accessory structures.
2. Drywell for pool de-watering shall be installed.
This approval shall not be deemed effirctive until the required conditions have been met.At the
discretion ofthe Board of Appeals,fitilttre 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 riot increase the degree of noncon brrnity
Argy devi"ation from they survey, site plan rindlor architectural drawings cited in this decision will result in
delo�ys and/or a possible denial by the Building Department of a building permit, and may require a new
'tpplii�ation and public hearing before the 70",ing Board of Appeals.
Any deviation from the variances)granted herein as shown on the architectural drawings, site plan and/or
survey cited above, such as alterations, extensions, or demolitions, are not authorized tinder this
application when involving noncorlfbrmities under the zoning code. This action dues not authorize or
condon
any
her feature qf the
ZoningaCode,current
other than such uses, setbacks and totherfeatures as arelex��aressproperty
lr addressed in thi action,the
expressly s action.
IMPORTANTTIME LIMITS ON THIS APPROVAL
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.ITIS TIlli, PROPERTY OWNER'S RESPONSIBILITY TO ENSURE COMPLIANC Cn
timely ly manner mTUTHE lal� result in the denial the Building II3�,II i1JFI�:1r,IN. Failure to comply in a
Y Department of a Certificate of Occupancy,
nullify the approved variance relief, and require a new variance application with public hearing
before the Board of Appeals.
Vote of the Board: Ayes: Members Weisman (Chairperson) Dantes, Acampora, Planamento and Lehnert.
This Resolution was duly adopted(5-0).
,.
Leslie Kane .. __.
„. Wt:ixrta`�, Chairperson .......w.�
Approved for filing /,,72_!2022
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POOL
5CTE
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2026 Cdde Section 3032-1 303A 5lvirnmtng Pools,Spas and Hot Tubs HROFESS�4�P
' Section 6326 of the Residential Code of NewYork r '
----- - "—'------' Secttoti3109OtbeauildingCodeofNe York
1=:
Section 1-11103.12 91403.12)Rcsidon:inl Pool-and Permanent Residential Spas - POOLWPE:RECTANGLE REV. V SCALE' 14
Sc:tior;31093.12-31093A Pools and Spa:Gate;Barriers (wE$®EERI(Q5K(,P.E. '
Secticin G106 Entraprhent Profection
IYPICAL PM%$f➢&MER Section G1o7Alums 950 DEER DRIVE ®ATE:
Sdcdon E4201—E4312 Eldcitiml Cdnn'ecdoris for Pools ^�
- -- -- --._-- __MATrRUK;.NEWY0RKM52.__ DRAWINGNUM M: -
I OF. I
i
NOTES:
1 DIVING BOARD TO CONFORM WITH ANSUAPSPACC-5 SEC 6
2 NO SOIL DISCHARGE PERMITTED WITHIN 4 FEET OF EXCAVATION
3, POOL MUST BE SURROUNDED BYA CONTINUOUS BARRIER CONSTRUCTED LAW REQ.OF SEC 326.4.2.1-R326.42.6 OFTHE NYS RESIDENTIAL CODE(2020)AND ALL SECTIONS OF THE SOUTHOLD CODE - i �•,
4, WALLS MAY SERVE AS PART OF THE POOL BARRIER AS PER SEC 326.42.8 AND ALL WINDOWS HAVEA SELF LATCHING DEVICE i
5. ACESS GATES SHALL COMPLY WITH SEC R326,52 OF THE NYS RESIDENTIAL CODE(2020)AND BE SELF CLOSING,SELF LATCHINGAND BE SECURELY LOCKED WHEN POOL IS NOT IN USE OR SUPERVISED.ALLL GATES ARE
TO OPEN AWAY FROM THE POOL AREA.
i
6. DURING CONSTRUCTION THE CONTRACTOR SHALL ERECT A TEMPORARY BARRIER AROUND THE EXCAVATION LAW CODE OF THE TOWN OF SOUTHOLD. '
7, POOL MUST 13E EOUIPED WITH AN APPROVED POOL ALARM CAPABLE OF DETECTING ENTRY INTO THE WATER AND SOUNDING AN AUDIBLE ALARM WHEN DETECTED THAT IS AUDIBLE AT THE POOLSIDE AND INSIDE THE
DWELLING.THE ALARM MUST BE INSTALLED,MAINTAINED AND USED IN ACCORDANCE WITH TEH MAUFACTURERS INSTRUCTIONS.THE ALARM MUST MEET ASTM F2208"STANDARD SPECIFICATION FOR POOLALARMS".THE
DEVICE MUST OPERATE INDEPENDENT(NOT ATTACHED TO OR DEPENDENT ON)OF PERSONS.
8 POOL SUCTION FITTINGS(EXCEPT FOR SURFACE SKIIMERS)MUST BE PROVIDED WITH A COVER THAT CONFORMS TO ASMEIAN$I A112 19,8M OR A MINIMUM 18'X23"DRAIN GRATE ORA CHANNEL DRAIN SYSTEM.POOL
CIRCULATION SYSTEM MUST BE EQUIPTED WITH ATMOSPHERIC VACUUM RELEIF.SUCH VACUUM RELIEF SYSTEMS SHALL CONFORM WITH ASME Al12.19.17 OR BEA GRAVITY SYSTEM APPROVED BYTHE TOWN OF
SOUTHOLD.POOL SALL BE PROVIDED WITH A MINIMUM OF 2 SUCTION FITTINGS OF THE ABOVE MENTIONED TYPE.THE SUCTION FITTINGS SHALL BE SEPARATED BYA MINIMUM OF 3'AND MUST BE PIPED SUCH THAT WATER
IS DRAWN THROUGH THEM SIMULTANEOUSLY THROUGH A VACUUM RELIEF-PROTECTED LINE TO THE PUMP(OR PUMPS).VACUUMIPRESSURE CLEANING FITTINGS SHALL BE IN ACCESSIBLE POSITION,MINIMUM OF S.AND
NO GREATER THAN 12"BELOW THE MINIMUM OPERATIONAL WATER LEVEL OR BE AN ATTACHMENT TO THE SKIMMER/SKIMMERS.A REQUIRED POOL ATMOSPHERIC VACUUM RELEIF SYSTEM SHALL BE INSTALLED AS PER
NYS RESIDENTIAL CODE R326.6.3(2020)AND IN ACCORDANCE TO TOW CODE
9. ALL ELECTRICAL WORK SHALL COMPLY WITH THE REQUIREMENTS OF NFPA 70(NEC),PRINCIPALLY ARTICLE 680 AND THE NYS RESIDENTIAL CODE SECTION 4102 THROUGH 4106.ALL ELECTRICAL DEVICES MUST BE
APPROVED BY UNDERWRITERS LABORATORIES AND BE PROTECTED BY A GOUND FAULT CURRENT INTERRUPER(GFCI).CURRENT CARRYING ELECTRICAL CONDUCTORS EXCEPT FOR THOSE PROVIDING POWER TO POOL
LIGHTING AND POOL EQUIPMENT SHALL MEET THE SEPARATION REQUIREMENTS OF TABLE E4203.5.ALL METAL ENCLOSURES;FENCES OR RAILINGS NEAR OR ADJACENT TO THE SWIMMING POOL THAT MAY BECOME
ELECTRICALLY CHARGED DUE TO CONTACT WITH AN ELECTRICAL CIRCUIT SHALL BE EFFECTIVELY GROUNDED.
10. WATER SOURCE FILLING THE POOL SHALL BE EQUIPPPED WITH A BACKFLOW PROTECTION DEVICE LAW NYS PLUMBING CODE 608.
1 t. ALL PIPING IS DIAGRAMMATIC UNLESS OTHERWISE STATED.
12. WALKS,IF PROVIDED SHALL BE NONSLIP AND SLOPE AWAY FROM THE POOL EDGE. I
13. A MEANS OF EGRESS FROM DEEP AND SHALLOW ENDS MUST BE PROVIDED LAW AN51/NSPI-5 SECTION S. 6 ZQZZ
14. CONTRACTOR TO PLACE THE POOL IAW TOWN OF SOUTHOLD CODE SETBACKS.
15, ALL DRAINAGE FROM THE POOL SHALL BE MAINTAINED ON THE SUBJECT PROPERTY OF{1PPaw
16 THE DESIGN IS BASED ON A DRAINAGE SOIL WITH<10%SILT GROUND WATER SHALL NOT EXIST WITHIN THE EXCAVATION.IF GROUND WATER EXISTS WITHIN 67 FROM GRADE,DEWATERING FACILITIES WILL BE ZdoGo
REQUIRED
17 ALL GAS AND OIL WATER HEATERS(IF INSTALLED)FOR THE IN-GROUND SWIMMING POOL SHALL BE NATIONAL APPLIANCE ENERGY CONSERVATION ACT(NAECA)COMPLIANT.POOL HEATERS SHALL BE TESTED LAW ANSI
Z21.56 AND SHALL BE INSTALLED LAW MANUFACTURERS SPECIFICATIONS,OIL FIRED POOL HEATERS SHALL BE TESTED LAW UL726.POOL HEATERS SHALL BE LOCATED OR GUARDED TO PROTECTAGAINST ACCIDENTAL
CONTACT OF HOT SURFACES BY PERSONS.POOL HEATERS SHALL BE PROVIDED WITH TEMPERATURE AND PRESSURE-RELIEF VALVES.A BYPASS LINE SHALL BE INSTALLED FROM THE INLET TO OUTLET TO ADJUST WATER
FLOW THROUGH THE HATER.POOL HEATERS SHALL BE PROVIDED WITH THE FOLLOWING ENERGY CONSERVATION MEASURES:
171 ALL POOL HEATERS SHALL BE EQUIPPED WITH AN ON-OFF SWITCH MOUNTED FOR EASY ACCESS TO ALLOW SHUTTING OFF THE OPERATION OF THE HEATER WITHOUT ADJUSTING THE THERMOSTAT SETTING AND TO i
ALLOW RESTARTING WITHOUT RELIGHTING THE PILOT LIGHT.AT LEAST ONE THERMOSTAL MUST BE PROVIDED FOR EACH HEATING SYSTEM,HEATED SWIMMING POOLS SHALL BE EQUIPTED WITH A POOL COVER.(oxempt j
FROM THIS ARE OUTDOOR POOLD)DERIVING 20%OF THE ENERGY FOR HEATING THE POOL FROM RENEWABLE SOURCES OVERAN OPERATING SEASON.
' t
172 TIME CLOCKS SHALL 8E INSTALLED SO THE PUMP CAN BE SET TO RUN DURING OFF-PEAK ELECTRICAL DEMAND PERIODS,AND CAN BE SET TO RUN THE MINIMUM TIME NECESSARY TO MAINTAIN THE POOL WATER IN A �
CLEAN AND SANITORY CONDITION LAW APPLCIABLE SANITORY CODE OF NEW YORK STATE.
16 BACKFILL WILL BE DONE WITH CLEAN EARTH FREE OF ROOTS AND DEBRIS.BACKFILL HEIGHT AND WATER LEVEL TO BE WITHIN 8"OF EACH OTHER, PLACE CONCRETE ON SANDY LOAM SOIL CLAYTO BE REMOVED AND
REPLACED WITH SANDY LOAM
19 THERE ARE MAIN DRAINS IN THIS POOL THERE ARE TWO APPROVED SUCTION OUTLETS WITH A MINIMUM OF 3'OF SEPARATION.THE SUCTION OUTLETS ARE PIPED 50 THAT WATER IS 1
DRAWN THROUGH THEM SIMULTANEOUSLY THROUGH A VACUUM-RELEIF-PROTECTED LINE TO THE PUMP.CO1ZPpSQwNlTH ENTRAPMENT PROTECTIO ASPrRCODF
20 THE POOL WAS DESIGNED REFERENCES AS THE FOLLOWING: i
201 THE RESIDENTIAL BUILDING CODE OF NEW YORK STATE(2020)SEC R326 OF DES, rQ9
20.2 THE ENERGY CONSERVATION CONSTRUCTION CODE OF NEW YORK STATE(2020)SEC R403.10
20.3 THE FUEL GAS CODE OF NEW YORK STATE(2020)
20.4 THE NEW YORK STATE SANITORY CODE =1 •" 2
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205 AN51/APSPIICC-5 STANDARD FOR RESIDENTIAL IN-GROUND SWIMMING POOLS. POOL NOTES SCALE: NTS
20.6 BOCA CODE SECTION 421. c�Opp 07 �v JAMES DEERKOSKI,P.E.
20.7 CODE OF THE TOWN OF SOUTHOLD ROFE55� DATE: 10/1/1020
260 DEER DRIVE
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