HomeMy WebLinkAbout49371-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 #: 49371 Date: 6/13/2023
Permission is hereby granted to:
Ryan Jr, John
PO BOX 2120
Greenport, NY 11944
To: construct accessory in-ground swimming pool as applied for per ZBA approval.
At premises located at:
90 Dawn Dr, Greenport
SCTM #473889
Sec/Block/Lot# 35.-5-11
Pursuant to application dated 5/11/2023 and approved by the Building Inspector.
To expire on 12/12/2024.
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
Telp 631) 765-1802 Fax (631) 765-9502 htt s.//w Atw.sotitl)oldtor�Dov
Date Received
APPLICATION FOR BUILDING PERMIT
For Office Use Only
PER NO. ✓� Building lnspectorr
Applications and forms must be filled out in their entirety.Incomplete
applications will not be accepted. Where the Applicant is not the owner,anN
N3 DEPT "
Owner's Author titan form(Page 2)shall be completed. SO(J11I Nf i C;
Date ,
I
OWNER(S)O PERTY:
Name: Of SCTM# 1000- LLC.J
Project Addre
— f.%)j ob [�6 J)r. C]l
Phone# M
Email: . 'coyv
Mailing Address: YAP
CONTACT PERSON:
Name: 1 Al r S
Mailing Address: w"7 1?11c d,�5A '
Phone ; I -1 —' 1p2— Email �e vgcp 44,ow-,
all Loot-
DESIWN PROFES ZONAL INFORMATION:
Name: <-
Mailing Address: pip V"
Phone#: Email:
I� ►tie
CONTRACTOR INFORMATION:
Name:
Mailing Address
�m
Phone#: Email:
DESCRIPTION OF PROPOSED CONSTRUCTION
G❑New Structure ❑A dition ❑Alteration ❑Repair ❑Demolition Esti mat d Cost of roje
Other
Will the lot be re-graded? ❑Yes o Will excess fill be removed from premises? es ONO
1
PROPERTY INFORMATION
Existing use of property: Intended use of property:
Zone or use district in which premises is situated: Are there any covena is pd restrictions with respect to
this property? ❑Yes Vo IF YES, PROVIDE A COPY.
eck Box After Reading: The owner/contractor/design professional is responsible for all drainage and storm water issues as provided by
C f� 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 B (p int name): ❑Authorized Agent ner
Signature of Applicant: V V 210 2
STATE OF NEW YORK)
SS:
COUNTY
being duly sworn, deposes and says that(s)he is the applicant
(Name of individual signing co ract) above named,
(S)he is the
(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
4ua q ,,
otary Public ..
ell
..
ERTY OWNER AUTHORIZATION
here the applicant is not the owner)
`YA residing at
co
do herebyauthorize 6 POO o t
� V V l vE' apply on
my b half to the To n of So ahold Building Department for approval as described herein.
Owner's Signature Date
01J4'! K 9
Print Owner's Name
2
BOARD MEMBERS Southold Town Hall
Leslie Kanes Weisman, Chairperson 53095 Main Road• P.O. Box 1179
Patricia Acampora Southold,NY 11971-0959
� �'"
Eric Dantes Oflnee Location.
Robert Lehnert, Jr. Town Annex/First Floor
54375 Main Road(at Youngs Avenue)
Nicholas Planamento Southold,NY 11971
fou
RECEIVED
http://southoldtownny.gov 4- 611:30 Ain
ZONING BOARD OF APPEALS APR 2 4 203
TOWN OF SOUTHOLD
91
MAY
Tel. (631) 765-1809
801WINQO E011 'IJ# l0 ill
T"OFSOMHOLD
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF APRIL 20, 2023
ZBA FILE: #7753
NAME OF APPLICANT: John Ryan
PROPERTY LOCATION: 90 Dawn Drive, Greenport, NY SCTM: 1000-35-5-11
SE 1( �.A DL 1 EI M1 ATIQI'�I�: 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.
Clf I'OIK ,Ql Ili l m;,.Al)MI'N1STI A C1VE Q E,: 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 December 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.
L RI wDl II° MINA;;I"ICu�,: 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.
PROPLRTY FAC"I S DLSGI IP'I ION: The subject, non-conforming, rectangular-shaped 14,322.87 square feet,
.329-acre parcel measures 100.00 feet along Dawn Drive then runs west 147.35 feet along Wiggins Lane then runs
south 90 feet along a residentially developed lot to the west and returns 154.72 feet along a residential lot to the
south. 17lieproperly is improved with a one and half story wood frame residence with attached garage, a slate entry
walk, asphalt driveway,an attached wood deck,slate patio, slate walkway, air condensers and a generator as shown
on the survey prepared by Michael J. Scalice, Licensed Land Surveyor last revised October 26, 2022.
BASIS OF APPLICATION: Request for Variances from Article III, Section 280-15; Article XXIII, Section 280-
124;and the Building Inspector's November 18,2022 Notice of Disapproval based on an application for a permit to.
demolish an existing accessory shed and construct an accessory in ground swimming pool and ail accessory shed, at;
1) construction located in other than the code required rear yard; 2) construction more than the coda perranitted
maximum lot coverage of 20%; located at: 90 Dawn Drive, Greenport,NY. SCTM No. 35-5-11.
RELIEF REQUESTED: The applicant requests two variances to further improve their property with an ima-ground
swimming pool, measuring 16 feet by 36 feet, located partially ill the Dont', yard,„ where the Code requires such
improvements to be located in a rear yard location with lot coverage of an additional 576 square feet and tlae'
construction of a garden shed with a footprint of 288 square 'feet increasing the overall lot coverage to 21.7% where
the Code limits lot coverage to 20%.
ADDIIQNA . INFORM The subject, corner, parcel has two front yards(Dawn Drive and Wiggins Lane).
While Dawn Drive services a waterfront neighborhood, Wiggins Lane terminates at the subject property and services
Page 2, April 20, 2023
47753, Ryan
SCTM No. 1000-35-5-11
one other house. The residentially developed property to the west, accessed via Main Road, is in excess of three
acres and is maintained as an open field beyond Wiggins Lane.
Town Code §280-124 Non-Confon-ning Lots provides for non-conforming lots with primary and secondary front
yards shall be required to meet the following requirements, less than 20,000 square feet:
primary front yard setback, 35 feet; Secondary front yard setback 25 feet; minimum side yard setback 10 feet.
I
The property is covered by the following Certificate of Occupancy and Building Permits:
#Z-25415 dated December 12, 1997 covering an accessory storage shed in the rear yard(removed)
#Z-34092 dated November 24, 2009 covering installation of solar panels
#45620 dated December 29, 2020 building permit for alterations and additions(finished basement)
#48372 dated October 5, 2022 building permit to legalize an 'as built' generator
The applicant provided a site plan, labeled A.1 prepared by Todd O'Connell, Registered Architect and dated
December 14, 2022. The site plan does not include a proposed dry well for pool dewatering nor does it include the
location of the onsite sanitary/septic system.
No member of the public or an 'immediate neighbor spoke in favor of or against this application.
FFNDINK,S I '(At I I
OF�EA :A
(,�[/ REA NSL X)ARR) A(:L
The Zoning Board of Appeals held a public hearing on this application oil April 6, 2023 at which time written and
oral evidence were, presented. Based upon all testimony, docurnentation, personal inspection of the property and
surrounding neighborhood,and other evidence, the Zoning Board finds tile following facts to be true and relevant
and makes the following findings:
1. Grant of the variances or alternative relief will not produce an undesirable change
in the character of the neighborhood or a detriment to nearby properties, The subject, corner, parcel is located at tile
end of a road and is shielded by mature landscaping. Having two front yards, there is little to no room to place tile
requested improvements in a confonning location. Swimming pools and sheds are common accessories to homes
thr0Ugh0Ut Southold town. In grunting alternative relief, in order to meet the nlinimurn secondary front yard setback
per Code, while still placed partially in the front yard, the inground swimming pool will be 'more' conforming and
little to no visual impact will occur. Furthermore, tile: requested relief relative to excessive lot coverage will be
undiscernible to neighbors, passersby or those using the roadway.
2. 'The benefit sought by the applicant can be achieved by sonic method, feasible for
the applicant to pursue,other than an area variance. 'the applicant can reduce the size ofthe existing deck or remove
it in its entirety and remove the existing slate terrace and place tile swiniming P001 in a,conforming rear yard location..
In so doing, the applicant would reduce lot coverage to comply with tile Code and also remove the need for the
second variance request to place the pool in a non-conforming location.
3. The variances granted herein are mathematically substantial, representing 100%
relieffirom the code relative to the proposed partial front yard location of the inground swimming Pool and 1.7'%
relief from the code relative to excessive lot covvtuge. However, the applicant's property is encimibered with two
front yards and as such, creates a unique hardship, 'Tile property is well screened and tile secondary road, Wiggins
L.arle, is a dead-end servicing only one additional neighbor.
4. Town Law J��-b 3�64 . No evidence has been submitted to suggest that a variance in this residential
con-u-nunity 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.
Page 3, April 20, 2023
#7753, Ryan
SCTM No. 1000-35-5-11
5. The difficulty has been self-created. The applicant purchased the parcel after the
Zoning ("ode was in effect and it is presumed that the applicant had actual or constructive knowledge of the
limitations on the Use of the parcel Linder the Zoning Code irl effect prior to or at the time of purchase.
6.Town Law 4 7-b. Grant of alternative relief relative to the placement of the ingrOUnd swimming pool and Grant
of the requested relief relative to excessive lot coverage is tile tninirnum action necessary and adequate to enable the
applicant to enjoy the benefit of a 16 feet by 32 Feet,inground swimming pool partially (576 square feet), located in
the front yard and 21,7% lot coverage for the installation of the pool and an accessary shed consisting of 288 square
feet while preserving and protecting the character of the neighborhood and the health, safety and welfare of tile
community.
I
R,ES�)—LLJLrl—O�Lt)—F'-lLti.,_BOARD: In considering all of the above factors and applying the balancing test: t In d erNew
York Town Law 2617-B, motion Nvas offered by Member Planamento,seconded by Member Weisman (Chairperson),
and duty carried,to
GRANT the variance for 21.7% lot coverage as applied for and GRANT ALTERNATIVE RELIEF as follows: the
in-ground swimming pool is to be placed no closer than 25 feet from the front yard property line along Wiggins Lane
per Town Code §280-124 Non-Conforming Lots,
SUR-IFf"TTIS TME FOL,L01WING CONI)ITIONS:
1. The applicant shall submit two sets of a Revised Site Plan to the Zoning Board of Appeals depicting the
I
Alternative Relief granted for the in-ground swimming pool location prior to the issuance ofa building
parses it:.
2. "',lie Revised Site Plan shall also,depict the locations of the drywell for pool de-watering to be installed, and
the septic system k)catio n having a uthe in-groll swimming pool.miniin
m distance of 20 feet from ID
3. I)eer tolerant evergreen screening shall be planted and continually maintained along the western lot line.
I Plantings shall be no further than eight (8) feet apart. rom any property line or be
-\/1-4. Pool pump e(Itiipriiei,it/i,iiecliaii,icals must be located a rninimut-ri of 20 feet f
contained in a shed type enclosure with a lot line set back that is In conformance with the bulk schedule for
accessory structures. This is to be shown on the site plan provided to the Zoning Board of Appeals prior to
the issuance of a building permit.
The original C,!ertif-_JCatC Of Occupancy fOr the Construction of the residence shall be submitted to the Zoning
Board of Appeals prior to the issuance of'a building permit. he 'as built' installation of the
6. Open building permits for the additions arid alterations to the residence and t
generator are to be closed,arid a Certificate of Occupancy shall be issued prior to the Issuance of the
building permit granted in this Board decision.
r I it the applicant or agent must submit to the Board of Appeals for approval
Be ore agpoing,l aA_ui1d,h9_.2K9!!L
andfiling,two sets o the zeal site d n con Ortnitill l,to the alternative J11111114111livi-ill" granted herein. The ZBA willforward
one set of approved,stamped drawings to the Building Department. Failure tolfollow this procedure may result in
the delay or denial of a building permit, and may require a new application andpublic hearing before the Zoning
Board of Appeals
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
Page 4,April 20,2023
#7753, Ryan
SCTM No. 1000-35-5-11
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.
.,
IMPORTANT LIMITS ON"THE APPIM"I" lkt, i GRANTED HEREIN
Please Read Carefully
Any deviation from the survey, site plan andlor architectural drawings cited in this decision, or work exceeding
the scope of the reliefgranted herein, will result in delays an(Por a possible denial by the Building Departinent
of a building permit andlor the issuance of a Stop Work Order, and may require a new application and public
hearing before the Zoning Board oj'Appeals.
Any deviation from the variance(s)granted herein as shown on the architectural drawings,site plan andlor survey
cited above, such as alterations, extensio,Is, (Jentolitions, or deni Vit( ions exceeding the scope q/'the relief granted
herein, are, not authorized under this application when involving noncotiforinities under the zoning code. This
action does not authorize or condone any current or future use, setback or other.feature of the subject properly
that may violate the Zoning Code, other than such uses,setbacks and other features as are expressly addressed in
this action.
TIME Ll MITS 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 PROPERTY OWNER'S
R ]SPO NSIBILITYTO ENSURE C0 OPLIANCE WI 17H J"JE CODE REQ')t!JILRZED `Tl ME
FRAME DESCRIBED RMUN. 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), Acampora, Dantes, Lehnert, and Pilanamento (5-0).
1"Cslie Kanes Weisman, Chairperson
Approved for filing /2023
SYMBOL LEGEND
El MONUMENT FND y FIRE HYDRANT ® GAS METER FE. FENCE
I.P. /LB, FND ® MANHOLE ® WATER METER MAS. MASONRY
I,P. /I.B. SET IM "A°-INLET GAS VALVE PLAT. PLATFORM
SPOT ELEVATIONS ISM "B®-INLET WATER VALVE Wd W. WINDOW WELL
TRAFFIC SIGNAL POLE M "E°-INLET TEST HOLE B/W BAY WINDOW
UTILITY POLE YARD INLET TREE C/E CELLAR ENTRANCE
>---- GUY WIRE 0 YARD INLET SHRUB 0/H OVERHANG
UTILITY POLE W/LIGHT fb CABLE TV BOX 0 BOLLARD R/0 ROOF OVER
UGHT POLE ® A/C UNIT & WETLAND FLAG L.S.A. LANDSCAPED AREA
SIGN ® ELECTRIC METER CANT. CANTILEVER D.G, DEPRESSED CURB
WIGGINS LANE
(50' WIDE)
I
—a Q— - — EDGE OF PAVEMENT——
EDGE OF PAVEMENT —— --------- -----\
' SLATE RET.
r
REBAARR 55°30'50"E ` _. 147.35' - w�``
3 FN 1
til 1WALL
V 1 0.5
}4, € t- 14
�:�-
$ r� b
� ,��f T f� ��, � •l li� I
0 t 11 ( � '
TAX LOT ,88.2 170* R D E j r
-�
1
1
2#.i
A4'STAY i v
� 0
PEN j
23g 'TIIO, I ( v
I t
DE-Lk
41.4' I
C 9
4z tin
Fa.` n.#F�
MON[ LI 9,A TE HALL(1I' 1
S70'24C#20
FE�
.Ev 154..72 1 GST'- 33.7'
I
� � I
I
I
"= FM LOT 75 n
VAX LOT 12
I)
LOT 12
� N LINK(Fes. LOT AREA
14,992.46 S.F.
IT 33.9' 1 0.34 AC.
,Z
rAAf LOT 2,4
X Lor 1,9
LOT 11
LOT AREA
14,322.87 S.F.
0.33 AC.
GRAPHIC SCALE GUARANTEED TO:
30 0 15 30 JOHN R. RYAN JR.
IV11 STEWART TITLE INSURANCE COMPANY
LOANDEPOT.COM LLC.
ISAOA/AT1MA
( IN FEET }
1 inch = 30 ft. 1 15/2 001 REVISED SL1R`VEY Jr JPH
1
12/10/2019 STAKE OUT JPHis
REV DATE DESCRIPTION I BY I CHK
fo
c) SURVEY OF PROPERTY
J_ o
'p E LOT 7 6
S 1. ' MAP OF(b;AL I U
CLEAVES POINT
land surveying SECTION NO. 3
1
mj S I andSUr Vey . COm P: 631 -957-2400 FILE DATE: 06/14/196 MAP NO. 4650
0m 0-100-035.00-05.00-011.000
DR.:MC CREW.:AL SCALE: 1" = 30' X MAP NO.
NGREENPORT, TOWN OF SOUTHOLD
L
DATE SURVEYED:04/30/2019 JOB No.S19-0798 SUFFOLK COUNTY, NEW YORK
1;, >.t6�.a H4 yTTsa#E'ad. wxlllj.To-IT*&�cf n. +LYSWOLIVeZ#41 4 A WEAb -# =. 7M R v .'Fm*m.Sw-_°LwAm.i...V) } :s5 V#"a€Tb.irk S Y mt h. i I aw=or 1 wwrw"w"A no
[aJ cmmwa S S4i 1H$[ 54-a� m,s T€it n1c 4-p wAs"tpmm-A6 ' W�TFEE Com=L—mn tom w man Fm low t 0'm w T�E w—#'e.sum,ttl`." S v-FT.npw- "'1-w wm �-i4E uw—,.z==r•-` 5 m4 TK%l��&wWy amu,
Tn?RRE co~.T*TR€owm A+Q ro Wom r"u m t3 TID Eft TKa bw'4Dw �y wp,(d)lit camrAW.S .M AK kW T RW.0)tW x DR EUWKA �M NT Nur A *3 Kl�l Wes r BE COWERF.vr+
- a e--r r v - A z�r w i6n�.;�r€ {gyp'--o -}t..ulx��.m er.¢mac r n r-,,[t—""upas �����s�s-�..tea� . 1 c.'M.ars int".� a�min w'�
P€t rm MR4 14 64"�Im Ate+Wi TM# lulcm-ESI r"?gao. kv-9s m W �-AS 1 3 W'Tri t4''r"NF bu maw 3EA 0)w ow""-i-wm w€y-'w/�E.is€kin u x".*EF�No.wr swo w w