HomeMy WebLinkAbout48316-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 #: 48316 Date: 9/21/2022
Permission is hereby granted to:.
Gobel, Leif
1100 N Sea Dr
Orient, NY 11957
To: legalize "as built" accessory shed as applied for per ZBA approval.
At premises located at:
1100 N Sea Dr, Orient
SCTM #473889
Sec/Block/Lot# 15.-3-38
Pursuant to application dated 9/21/2022 and approved by the Building Inspector.
To expire on 3/22/2024.
Fees:
AS BUILT-ACCESSORY $302.40
CO-ACCESSORY BUILDING $50.00
Total: $352.40
BuiICV9 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 h1,jti-// r vw ot1tJ1 1 t0WJ)i1 )V
Date Received
APPLICA n0N FOR BUILDING PERMIT
For Office Use Only
PERMIT NO. �rBuilding Inspctora
Applications and forms must be filled out in their entirety. Incomplete LJ,�I li�ii
pP tY P
applications will not be accepted. Where the Applicant is not the owner,an
(Page p LILt wNG'
Owner's Authorization form Pa e 2 shall be completed.
�� ,or- ot,l V:�r�u..)
Date:01/28/2022
OWNER(S)OF PROPERTY:
Name:Lorelei and Leif GobelsCTM#1000- _3 — ��
Project Address:1100 N Sea Dr Orient NY 11957
Phone#:631 252 4563 Email:lorelei.gobel@gmail.com
Mailing Address:Same
CONTACT PERSON:
Name:Lorelei Gobel
Mailing Address:Same
Phone#:631 252 4563 Email:lorelei.gobel@gmail.com
DESIGN PROFESSIONAL INFORMATION:
Name:
Mailing Address:
Phone#: Email:
CONTRACTOR INFORMATION:
Name:NY Shed Co
Mailing Address:885 Wickham Ave Mattituck NY 11952
Phone#:631 765-3090 Email:
DESCRIPTION OF PROPOSED CONSTRUCTION
New Structure ❑Addition ❑Alteration ❑Repair ❑Demolition Estimated Cost of Project:
P3'Other Sh e $ R ��, v
Will the lot be re-graded? ❑Yes *No Will excess fill be removed from premises? ❑Yes J�rNo
1
PROPERTY INFORMATION
Existing use of property: ri mc,r ff s,d e Intended use of property: e
ri VVI 01-1) o»-► e,
Zone or use district in which premises is situated: Are there any covenants and restrictions with respect to
ff 5 ► Jenthis property? ❑YesXNo IF YES, PROVIDE A COPY.
,KCh ck 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): kore 1-,(i -q 6 C-) b c—) ❑Authorized Agent Eyowner
Signature of Applicant: Date:
ou� 9
STATE OF NEW YORK)
SS:
COUNTY OF S l.t- Q tk 1
Lo r _� i being duly sworn, deposes and says that(s)he is the applicant
(Name of individual signing contract) above named,
(S)he is the Owcvc&
(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
I day of Apr -I ,2022-
otary Public
TRACEY L. DWYER
NOTARY PUBLIC,STATE OF NEW YORK
111110PIER"FY
OWNER At)
.,1"H RI "TIO QUALIF O.01 DUFF-06900LK NTY
(Where the applicant isnot the owner) COMMISSION EXPIRES JUNE 30,24),--)1;:k
I, residing at
do hereby authorize to apply on
my be o the Tow ofSo t Id B "Iding Department for approval as descri d herein.
7 Owner's'Sig' Lure Date
l�; V6v �
Print Owner's Name
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BOARD MEMBERS Southold Town Hall
Leslie Kanes Weisman,Chairperson � �` � n. 53095 Main Road •P.O. Box 1179
Southold,NY 11971-0959
Patricia Acampora �� R Office L.ocatkm:
Eric Dantes Y Pia ro Town Annex/First Floor,
Robert Lehnert,Jr. `' 54375 Main Road(at Youngs Avenue)
Nicholas Planamento
" Southold,NY 11971
http://southoldtownny.gov
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
September 20, 2022 Tel.(631) 765-1809 •Fax (631) 765-9064
Lorelei and Leif Gobel
1100 North Sea Drive
Orient,NY 11957
Re: ZBA Application #7690
1100 North Sea Drive, Orient
SCTM No. 1000-15-3-38
Dear Mrs. Gobel;
Transmitted for your records is a copy of the Board's September 15, 2022 Findings,
Deliberations and Determination,the original of which was filed with the Town Clerk
regarding the above variance application.
Before commencing any construction activities, a building permit is necessary. Please be
sure to submit an application along with a copy of the attached determination to the Building
Department.
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. IT IS THE
PROPERTY OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE WITH
THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN. Failure to comply in
a timely manner may result in the denial by the Building 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
If you have any questions, please don't hesitate to contact our office.
Sincerely,
r
Kim E. Fuentes
Board Assistant
Encl.
cc: Building Department
BOARD MEMBERS 1 o Southold Town Hall
Leslie Kanes Weisman,Chairperson 53095 Main Road•P.O.Box 1179
Southold,NY 11971-0959
Patricia Acampora ,, lffice Location,;
Eric Dantes
Town Annex/First Floor,
Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue)
Nicholas Planamento V Southold,NY 11971
http://southoldtownny.gov RECEIVED
ZONING BOARD OF APPEALS PAa Cs 11'141 AAA
TOWN OF SOUTHOLD S E 1 9 2022
Tel.(631)765-1809•Fax(631)765-9064 It I
Nouto Town C�eemr
FINDINGS,DELIBERATIONS AND DETERMINATION
MEETING OF SEPTEMBER 15,2022
ZBA FILE:#7690
NAME OF APPLICANT: Lorelei and Leif Gobel
PROPERTY LOCATION: 1100 North Sea Drive,Orient,NY SCTM#1000-15-3-38
SEQgA, DETE I+IINA`FION: The Zoning Board of Appeals has visited the property under consideration in this
application and determines that this review falls under the Type H category of the State's List of Actions, without
further steps under SEQRA.
SIJFIwOLI COUNTY ADMINISTRATIVE COVE,: This application was referred as required under the Suffolk.
County Administrative Code Sections A 14-14 thru A 14-25,and the Suffolk County Department of Planning issued
its reply dated June 22, 2022 stating that this application is considered a matter for local determination as there
appears to be no significant county-wide or inter-community impact.
LWR.P 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.
I'ROPEI TY "A+ TS/'DESCRIPTION: The subject property is a 19;51.8.60 square foot nonconforming parcel located
in the Residential R-40 Zoning District. The northerly property line measures 145.00 feet,the easterly property line
measures 137.77 feet, the southerly property line measures 1.40,00 feet and is adjacent to North.. Sea Drive, the
westerly property line measures 140.94 feet. The parcel is improved with a one-story frame residence with an
attached underground two car garage. There is an attached wood deck in the rear of the residence with an attached
step-down wood deck. There is a frame wood shed located in the northwest area of the property as shown on the
survey map prepared by Joshua R. Wicks,LS, and dated June 6,2022
;BASIS OF APPLICATION: Request for Variances from Article 111, Sections 280-15 and the Building Inspector's
May 25, 2022 Notice of Disapproval based on an application.For a permit to legalize and"as built"accessory shed
and construct a sunroom addition to an existing single-family dwelling at; 1 located in other than the code permitted
rear yard;2)reverse a prior variance condition on Appeal No. 5696 that requires the deck to remain open to the sky;
located at: 1100 North Sea Drive,Orient,NY, SCTM#1000-15-3-38.
RELIEF RE T]E TED: The applicant requests variances to legalize an"as built"accessory shed and to construct a.
gunroom addition to
n existing single-family dwelling The proposed sunropm addition over an existing deck, ori,
this nonconforming 19,518.60 square foot parcel in the Residential R-40 Zoning District, is not permitted pursuant
to a ZBA#5696 in which the rear deck addition of the single-family dwelling was subject to the condition that the
deck remain open to the sky. The plans submitted by architect,Joseph Michael Orazter show that the original deck
Page 2, September 15,2022
#7690, Gobel
SCTM No. 1000-15-3-38
will be the proposed sunroom and the new step-down deck will remain open to the sky. In addition,the"as built"
accessory shed is not permitted pursuant to Article III, Section 280-15, which states accessory buildings and
structures shall be located in the required rear yard. The shed is partially located in the side yard.
Al DITICNAL.INFORMATION: The ZBA in 2005 granted variance#5696 to previous owner for an extension to
an existing deck. This step-down "as'built" addition was granted but was conditioned that the original and the as
built addition to the deck remain open to the sky. The original deck has been in place since 1969 and the applicant
is proposing to enclose the portion of the deck that did not require variance relief. The applicant indicated during the
public hearing that they were unaware of the condition to keeping both decks open to the sky when they received
variance relief.
FINDINGS OF TAC"I"I I.EASGNS FOR BOARD ACTION.
The Zoning Board of Appeals held a public hearing on this application on September 1,2022 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 Board finds the following facts to be true and
relevant and makes the following findings:
1. Town Law 267-b b T . Grant of the variances will not produce an undesirable change in the character of
the neighborhood or a detriment to nearby properties. The neighborhood has other homes that have undergone
renovations over the years. What the applicant is asking will not harm the character of the neighborhood because it
will be well screened from view by a high solid wood fence in the rear yard. The "as built" shed was put in the
current location as the applicant's rear yard is very small and there is a very large tree the applicants wanted to keep
to provide shade for the area. Also, the rear bedroom bumps out northerly to the backyard and if not for that room
the shed would be in the rear yard location as allowed by town code.
2. town Law 267-b b 2 . "I"he benefit sought by the applicant cannot be achieved by some method, feasible
for the applicant to pursue,other than an area variance. The limitations on the size of the rear yard make it impossible
for the shed to be moved. Also, the property is very sloped and locating the shed somewhere else is not possible.
The already attached original rear deck would be the only solution to the creation of the proposed sunroom.
3. Town Law "267'-b 3 b . The variances granted herein are mathematically substantial, representing 100%
relief from the code for the deck and 100%for the shed. However, if not for the rear bedroom which bumps out to
the north the shed would be located in the rear yard. The configuration of this parcel makes it difficult to conform
to the code.
4. Town Law 2!L7-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"-b b -. The difficulty has been self-created. The applicant purchased the parcel after the
Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the
limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase.
6. Town Law 267-b Grant of the requested relief is the minimum action necessary and adequate to enable the
applicant to enjoy the benefit of a sunroom and"as built" shed while preserving and protecting the character of the
neighborhood and the health, safety and welfare of the community.
p..
dl
Page 3,September 15,2022
#7690,Gobel
SCTM No. 1000-15-3-38
RES0LUTION 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 Acampora,seconded by Member Lehnert,and duly carried,
to
GRANT the variances as applied for,and shown on the survey map prepared by Joshua R.Wicks,LS dated June 6,
2022, Floor Plans prepared by James Deerkoski, LPE, dated April 4, 2019 (sheets A-3 & A-4), and Architectural
Plans prepared by Joseph Michael Grazter,Architect,(Sheets 1,2&3)undated and received June 21,2022.
SUBJECT TO THE FOLLOWING CONDITIONS:.
1. The proposed sunroom addition shall remain unheated and without plumbing.
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 tyre 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.
Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays
and/or a possible denial by the Building Department of a building permit, and may require a new application and
public hearing before the Zoning Board of Appeals.
Any deviation from the variance(s)granted herein as shown on the architectural drawings, site plan and/or survey
cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving
nonconformities under the zoning code. This action does not authorize or condone any current or future use,setback
or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other
features as are expressly addressed in this action.
ORTAN'T TIM LEMTS ON THIS APPRO-VAL
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.IT'IS THE PROPERTY
OWNER'S RESPONSIBILITY TO:ENSTREI COMPLIANCE WITH THE, CODE REQUIRED TI1lIF
LRAME DESCRIBED HEREIN.Failure to comply in a timely manner may result in the denial by the
Building 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, and Lehnert. This Resolution was
duly adopted(4-0) (Member Planamento Abstained)
Leslie Kanes Weisman, Chairperson
Approved for filing 71% /2022