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HomeMy WebLinkAbout48604-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 #: 48604 Date: 12/15/2022 Permission is hereby granted to: Sloan, Cliff 165 Perry St Apt 2A New York NY 10014 To: alter an existing accessory garage to an unconditioned accessory pool house with a full bathroom (legalize "as built" bathroom layout) as applied for per ZBA approval. At premises located at: 235 Rogers Rd, Southold SCTM #473889 Sec/Block/Lot# 66.-2-23 Pursuant to application dated 9/21/2022 and approved by the Building Inspector. To expire on 6/15/2024. Fees: ACCESSORY $236.80 AS BUILT-ACCESSORY $38.40 CO-ACCESSORY BUILDING $50.00 Total: $325.20 Building for rt � 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 h : � ww.s�autholdtcwnn . oar Date Received APPLICATION FOR BUILDING PERMIT For Office Use Only f" PERMIT NO. Building Inspector; Applications and forms must be filled out in their entirety. p.incomplete c o applications will not be accepted. Where the Applicant isnot the owner,an Owner's Authorization form(Page 2)shall be completed. SEP 2 2 i a Date:9/7/22 OWNER(S)OF PROPERTY: Name:Cliff and Wyndy Sloan scTM# 1000-66-2-23 Project Address:235 Rogers Rd Southold NY Phone#:917-776-7823 Email:Cliffasloan@gmail.com Mailing Address:235 Rogers Rd Southold NY CONTACT PERSON: Name:AMP Architecture, Jess Magee Mailing Address:PO Box 152 Mattituck NY 11952 Phone#:631-603-9092 Email:jmagee@amparchitect.com DESIGN PROFESSIONAL INFORMATION: Name:AMP Architecture, Anthony Portillo Mailing Address:PO Box 152 Mattituck NY 11952 Phone#:631-603-9092 Email:aportillo@amparchitect.com CONTRACTOR INFORMATION: Name: Mailing Address:. Phone#: Email: DESCRIPTION OF PROPOSED CONSTRUCTION ❑New Structure Repair ❑Demolition Estimated Cost of Project: lte�a 0 Othe?°'t0 oi.Existing accessory building will be p00 baa' $ Will the lot be re-graded? ❑Yes ®No Will excess fill be removed from premises? ❑Yes RNo 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 R40 this property? ❑Yes ®No IF YES, PROVIDE A COPY. Ch �. w apter ck B the Tower Cidn Code 1 APPLICATION The owner/contractor/design professional is responsible for all drainage and storm water issues as provided by PLICATION 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 I punishable as a Class A misdemeanor pursuant to Section 210.45 of the New York State Penal Law. Application Submitted By(print na7e):AM P rc I litecture SAuthorized Agent ❑Owner Signature of Applicant: Date: STATE OF NEW YORK) +S ` COUNTYOF U'1 G1� �A being duly sworn, deposes and says that(s)he is the applicant (Name of individual signing contract)above named, (S)he is the P, (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. BARBARA H.TAN My Sworn before me this Notay Public, State Of TNewlrYork (986001 Qualified in Suffolk County day of 20 �'-- OoriTllslorl Expires Notary Public (Where the applicant is not the owner) .TR ,��...._ .. /a, �, �residing at 235 Rogers Road Southold do hereby authorize AMP Architecture to apply I on my behalf't e Town of Southold Building Department for approval as described herein. Owner's Signature Date e"z Print Owner's Name 2 t BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson 'w 53095 Main Road • P.O. Box 1179 a Southold,NY 11971-0959 Patricia Acampora �,i Q"Vice 1.oca'is : Eric Dantes Town Annex/First Floor, r ° Robert Lehnert,Jr. ", ' ra:: 54375 Main Road(at Youngs Avenue) Nicholas Planamentot ` Southold. NY 11971 RECEIVED http://southoldtownny_gov & ,�" G ZONING BOARD OF APPEALS Upu 2022 TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631) 765-9064 =Ierk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF AUGUST 18, 2022 ZBA FILE: #7656 NAME OF APPLICANT: Cliff& Wyndy Sloan PROPERTY LOCATION: 235 Rogers Road, Southold SCTM No. 1000-66-2-23 SEX R,�I_MDh I . _ l RMI`.'NA 1C1S ;; 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. , I 2LK 26KC1"1t,,dWl I1w"Y._A.DV'+ I 1STR,., lI_VF' QDIw: 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 March 11, 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. L,WR,PwDI I1; iMfX_Aj t�7N- 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. PRQP TY 1' C"S DI SC 1'!LQ_NThe property is a nonconforming 13,,855 sq. lt, lot located in ars R-40 Zoning, District. The property has an 85.00 feet road frontage along Rogers Road, then turns northeast for 163.00 feet to the rear lot line, then turns southeast for 85.00 feet, before returning; 163.00 feet southwest back to Rogers Road The property is improved with an existing one-story dwelling with attached covered patio, and an existing accessory building, all shown on survey dated October 25,2003 (Existing 81,5 R- shed not shown on 2003 Stamey) , , (Jlw w 6�L 1 ,"E10,N. Request for a Variance from Article XXIII, Section 280-124; and the Building Inspector's February 7, 2022, 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: 235 Rogers Road, Southold,NY. SCTM No. 1000-66-2-23. RELIEF I -Q J STI,t : The applicant requests a variance to construct an accessory inground swimming pool which will increase the lot coverage to 20. 5 % where a maximum coverage of 20% is allowed. 111 1"ltdI., [Nlµ l9. �1IN�: Through both written and oral testimony, the existing structures on the property all have certificates of occupancy. a) Cert. of Occupancy #29925, dated December 19,2003, for a One Family Dwelling b) Cert. of Occupancy 9 29924 dated December 19, 2003, for an existing Accessory Garage Page 2,August 18,2022 #7656,Sloan SCTM No. 1000-66-2-23 c) Cert. of Occupancy# 38187 dated March 30,2016, for a Rear Deck on the One Family Dwelling d) Cert. of Occupancy# 38188 dated March 30,2016, for an Outdoor Shower Stall on the Existing Garage Also,the owner's agent testified that the size of the pool is due to the owner being an avid swimmer and needings a swimming pool with enough distance for a proper swim lane. There was no one either in the audience or on Zoom that spoke for or against this application. 1 .DINGS-OF :. 3 The Zoning Board of Appeals held a public hearing on this application on August 4, 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 Lmv§2167-b 3. b l.'. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The relief in question is for an in-ground pool that will not be seen as a mass on the house and is also non-habitable space. The pool mechanicals are proposed in a conforming location so as not to encroach on the neighbors or be too close to the property lines. Therefore, the proposed in- ground accessory swimming pool will not produce an undesirable change in the character of the neighborhood. 2. Town Law '207-L33 (b1 The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue,other than an area variance. The pool is the minimum size needed for a lap pool, which would therefore increase the lot coverage of the parcel more than the Town Code allows. 3. Town ,Law §267-b(3b 3 The variance granted herein is not mathematically substantial, representing 2.5% relief from the code. Moreover, , the proposed excesses lot coverage of 20.5% is less than 1% which will have no discernable impact. 4. Town l:.aw 267-b 3 L 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 and the conditions of this board. 5. low'n l.,aw x.2+6 -b t3 hjti . The difficulty has not 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 constrictive 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. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an accessory in-ground swimming pool while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RE mmaOUJ' Q F"G`fflr�� : 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 Weisman (Chairperson),and duly carried;to GRANT the variance as applied for, and shown on the site plan prepared by Anthony Portillo, Architect dated February 3, 2022 Page 3, August 18,2022 #7656, Sloan SCTM No. 1000-66-2-23 SI1B� T IO TIIIa IaOI I.O ING CONDI"I'IOiNS: I. Pool pump equipment/mechanicals must be located a minimum of 20 feet from any property line or be contained in a shed type of enclosure with a lot line set back that is in conformance with the bulk schedule for accessory structures. 2. Drywell(s) for pool de-watering shall be installed. 3. 'Fho a wasting Acccssory BuaiMfirig shall be ieplayed as a puol]'Ous %�ith hull bathroom permitted as,per Certificate ail 0ccuparicy ,-29924 dated 121i9T3 and sanitary Systems approved by the S `i)HS per code and having a total maximum area of 350 sq., f(. pursuant to T(",s n Code, prior tu.) the issuance ora Certif-w;;"f.te oft ccupancy for the swimming pool. This approval shrill not be deemed effet,'tive until the required conditions have been met.At the discretion of the Board d7f.Ftl7peals,future to contp& svith the above conditions runt%render this derision null and'void That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued The Board re.sem es the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree ofnonccmformity. A17,1d('viL111E)17-1ro?n the survey: site Pit-ill and'or arch ite:taral drawings cited in this decision 'wid resufil in dohn's and/or a p,�ssible IclriL11 bu the Building Drlwrtment of a building pertnit, and may require a new applies 11012 and piihlic hearing befcfre the Zollirng Board of:lppeuls. An1'devlcllioll ll'o)n thy' varfzmeti:(0 arCJnted he1'ein LIS Shtlbl'P"1 ('))P the archhe,:Iural UIP"�47w'&"lugs', site plan etn or Survey citedabove, such cls alterations, extensions, n1' CleM01itic,ns, are nol Mffhori ed wzder this 47pj4j4%7tim7JF sx°ha,7f itl�°clivi"7Fg noncU1"1jormilies under the on17n7 code. This action dpes nat authorize or 1`onelone zpjY� 'L1f/f'µ'l'lt lWint7Fre use, ,w1ba:7ck c"7r other/eatatr,e of the sabicet property thtN 17h.71' violate the Zoning(.oje, oj,' "1'tl'1[U1 SEf(.'/'l 11ScS, st'(ba�'lfS [!nd outer ftC7FflrcS Cls are expressly addressed in this action, IMPORTANT'TtMV 11MITS 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. IT IS THE PROP RTV 0WNFP'Q RF,SPOi SIBILITN'TO ENSURE COMPLIANCE "'iNITI-I "I`H.E C c REQ Cert lrt Failure to comply in a timely manner may result in the denial by the Building Department of a I.JREI TIME FRAME E DESCRIBEDI3iC 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 ReCLlsed) r'eslie Kanes Weisman, Chairperson Approved for fling ;;/"? /2022 Architecture Address:10200 Main Road,Unit 3A,PO Box 152,Mattituck NY 11952 Phone:(631)603-9092 Design + Build December 14,2022 Re: Sloan Residence 235 Rogers Rd Southold NY Amanda, All plumbing waste in the proposed pool house is going into the existing septic system.The septic size is acceptable to handle the waste coming from the proposed pool house. Please contact our office if you have any questions. Thank you, w D---—1 Anthony Portillo, RA, LEED AP PO a 4 � OF w .a