HomeMy WebLinkAbout50236-Z TOWN OF SOUTHOLD
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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#: 50236
Date: 1/22/2024
Permission is hereby granted to:
ouglas.......�___.
Bradford, D ..........
3705 Bayshore Rd
Greenport, NY 11944
To: Construct interior alterations to an existing accessory garage as applied for per SCHD
and ZBA approvals.
At premises located at:
3706 Bad Shorem Rd, Greenport
SCTM # 473889
Sec/Block/Lot# 53.-6-16
Pursuant to application dated 2/3/2023 and approved by the Building Inspector.
mm
To expire on .... 7/23/2025.
Fees:
ACCESSORY $167.00
CO-ACCESSORY BUILDING $100.00
Total: $267.00
.. . ..............� ..... ....... _...._. _W
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 htt ps://w,,ww.southoldtownn ,�)-Qv
Date Received
APPLICATION FOR BUILDING PERMIT
For Office Use Only
PERMIT NO. 5 0 Z 3 ( Building Inspectors`, FEB 0 2 �om
k;M
Applications and forms must be filled out in their entirety.Incomplete � i
applications will not be accepted. Where the Applicant is not the owner,an
URim
Owner's Authorization form(Page 2)shall be completed.
Date:02/02/23
OWNER(S)OF PROPERTY:
Name:Doug Bradford SCTM# 1000-53-6-16
Project Address:3705 Bayshore Rd Greenport
Phone#:914-557-9097 Email:greenmen@verizon.net
Mailing Address:3705 Bayshore Rd Greenport
CONTACT PERSON:
Name:AMP Architecture, Michelle Sarabia
Mailing Address:PO Box 152 Mattituck NY 11952
Phone#:631-603-9092 Email:msarabia@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 []Addition ®Alteration ❑Repair ❑Demolition Estimated Cost of Project:
❑Other $
Will the lot be re-graded? ❑Yes ®No Will excess fill be removed from premises? ❑Yes WNO
1
PROPERTY INFORMATION
Existingro
use of P P ert
Y"S`n " u ��l I ,wi Intended use of property
sitVJML11
ZZe or use
district in which premises is situated: Are there any covenants and restrictions with expect to
II®--77 o this property? Dyes XNo IF YES, PROVIDE A COPY,
Chuck Box After Reading: The owner/contractor/design professional is responsible for all drainage and storm water Issues as provided by
Chapter Z36 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.
n
• � 1
Application Sub iti�d 13 (print name):
le SOV'"Q W'It1
pP (p me): Authorized Agent Downer
f
Signature of Appli`,cant: Date: 0210" I 2`02
STATE OF NEW YORK)
COUNTYOF )
being duly sworn, deposes and says that(s)he is the applicant
(Name of individual signing contract)above named,
(S)he is the t.
(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 of__2LQ1 , 20
�a y Public
NOTAw s Notary Public,State of New zrrrh
No.01OR6280392
PROPERTY W T IIZ ,� Qualified in Suffolk Ccurly
(Where the applicant is not the owners,,,'; a„�`kw"� Coion Expims 0,583QLpXL
;� residing atw�, _
)
n
L,, �do hereby authorize to apply on
my behalf to the Town of Southold Building Department for approval as described herein.
owner°s Signature Date
Pr'i'm Owner's Name
2
BOARD MEMBERS Southold Town Hall.
Leslie Kanes Weisman,Chairperson "v �;�s''� 53095 Main Road• P.O. Box 1179
Southold,NY 11971-0959
Patricia Acampora 7 Office Location:
Eric Dantes >p Town Annex/First Floor,
Robert Lehnert,Jr. 54375 Main Road (at Youngs Avenue)
Southold, NY 11971
Nicholas Planamentoua
RECEIVED
http://southoldtownny.gov p, �; ,,,/ r3• ���
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD A
Tel.(631) 765-1809•Fax (631)765-9064
Southold Town Clerk
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF AUGUST 18, 2022
ZBA FILE: #769/
NAME OF APPLICANT: Douglas Bradford
PROPERTY LOCATION: 3705 Bayshore Road(Adj. to Shelter Island Sound/Peconic Bay),Greenport, NY
SCTM# 1000-53-6-16
.5.Q,R D °13.RMINA I-ION': The Zoning Board of Appeals has visited the property tinder consideration in this
application and determines that this review falls under the Type fI category of the State's List of Actions, without
further steps under SEQRA.
SUFFOLK COUNTY ADMmINISTRATIVE CODE: 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 24, 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.
LWRP DETER N1INAI"ION: This application was referred for review under Chapter 268, Waterfront Consistency
review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy
Standards The LWRP Coordinator issued a recommendation dated July 25, 2022. Based upon the information
provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available,
it is recommended that the proposed action for exceeding lot coverage is INCONSISTENT from the LWRP
pertaining to Policies l and 4 of the Chapter. Since the proposed addition on the waterside of the dwelling does not
create any additional ground disturbance,the Board finds the proposed action CONSISTENT with the LWRP. The
proposed side yard setbacks and second-floor additions are recommended as EXEMPT.
PROPERTY FACTS/DESCRIP'T10'N: The subject property is a 7,396 square foot parcel in the Residential R-40
Zoning District. The northerly line measures 147.87 feet the easterly line measures 50.00 feet and is adjacent to
Shelter-Island Sound/Peconic Bay,the southerly line measures 147.97 feet and the westerly line measures 50.00 feet
and is adjacent to Bayshore Road. The parcel is improved with a two-story frame residence with an accessory one-
car garage located to front of the residence facing Bayshore Road, and there is a wooden deck with jacuzzi in the
rear yard facing Peconic Bay. The survey map was prepared by Peter A. Groben, L.S., dated November 23, 2021.
BA,S , APPLICATION: Request for Variances from Article XXIII, Section 280 -124 and the Building
Inspector's May 6, 2022 Notice of Disapproval based on an application for a pen-nit to demolish as per Town Code
definition, and reconstruct a single family dwelling at; 1) located less than the code required minimum side yard
setback of 10 feet on two side yards; 2) located less than the code required minimum combined side yard setback of
25 feet: 3) more than the code permitted maximum lot coverage of 20%; located at: 3705 Bayshore Road (Adj. to
shelter Island Sound/Peconic Bay), Greenport,NY. SCTM#1000-53-6-16.
Page 2, August 18,2022
#7691, Bradford
SCTM No. 1000-53-6-16
[T- f_1' ;Q ESTED: The applicant requests variances to demolish the structure as per town code and construct
a new front porch and reconstruct the first and second floor. The proposed construction, on this nonconforming
7,396 square foot parcel in the Residential R-40 Zoning District is not permitted pursuant to Article XXIII Section
280-124 which states: lots measuring less than 20,000 square feet in total size require a minimum side yard setback
of 10 feet with a combined side yard setback of 25 feet. Section 280-124 further states lot coverage to be a maximum
of 20%. The Architectural Plans depict proposed demolitions and reconstruction to both floors and an addition of
dormers to the second floor along with the new proposed porch. The proposed construction shows a minimum side
yard setback of 6.5 feet(north), and a side yard setback of 7.3 feet(south), with a combined side yard setback of 13,8
feet. The site plan also shows the proposed lot coverage to be 24.6%. The increased expansion is a total of 545
square feet and shown on the drawing prepared by Anthony Portillo, Architect and dated March 91 2022.
AD0.7ITP t AL, 1 ["�C,e�WvtAµ�,l()N� The existing hot tub/jacuzzi on the wooden deck facing seaward will be removed
as shown on the site plan. Upon examination of the existing garage, it was found to have a full bath room including
a shower along with a large kitchen like counter-top sink and cabinet. While half baths are allowed, the shower and
large kitchen like sink and cabinet are not. The representative submitted prior ZBA deten-nination #4971 dated July
19, 2001 in which the Board granted relief for additions and alteration to the dwelling on the subject property,
maintaining the northerly and southerly side yard setbacks at a minimum of 6.5 and 7.5 feet respectively and a
maximum lot coverage of 24.2 percent.
[n addition, the applicant's representative submitted prior ZBA determinations for similar relief in the subject
neighborhood. ZBA#6562 approval for a 5 feet side yard setback. ZBA#7234 approval for 6 feet side yard setback.
ZBA 46556 approval for 26% lot yard coverage with side yard setbacks at 6.5 feet at the north property line and 8.0
feet side yard setback at the southern property line and combined side yard setback of 14.5 feet with total lot coverage
of 26%. ZBA#6144 approved 33.7% lot coverage. This community has many small lots with homes that have been
remodeled over time. This application is also subject to Southold Town Board of Trustees approval
DEN10LaITION: The applicant had previously received variance relief for nearly identical improvements, Appeal
No. 7544, on October 21,2021, for a project considered by both the applicant and Building Department as additions
and alterations. After the Building Department Permits Examiner received a demolition plan from the applicant, it
was determined that the proposed improvements are in fact a demolition of the existing structure and reconstruction
under Southold Town Code,thus necessitating a re-hearing since the Board of Appeals denied a de minimus request
from the applicant's architect in a letter dated April 27, 2022. During the hearing the applicant's architect testified
that he disagreed with the Permit Examiner's determination. The current site plan submitted shows the attached deck
and hot tub to the rear of the dwelling to be removed.
FINDINGS OF FACT/REASONS FOR BOARD ACTION:
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 Law ''267'-b 3 b 'I' ,. Grant of the variances for a code defined demolition and reconstruction of the
dwelling will not produce an undesirable change in the character of the neighborhood or a detriment to nearby
properties_ The addition of dormers and a front porch are characteristic of the design of other homes on Bayshore.
Non-conforming side yard and rear yard setbacks as well as excessive lot coverage are typical in this neighborhood
which is characterized by small, narrow lots.
2. Town Law §267-1)(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible
for the applicant to pursue, other than an area variance. The existing dwelling already has non-conforming single
Page 3,August 18,2022
#7691,Bradford
SCTM No. 1000-53-6-t6
and combined side yard setbacks which are being maintained with the addition of the proposed second floor
constriction and the lot coverage is already approved by prior ZBA decision for 24.2%.
3. Town 1,a11 §267-b 3 �l� The variances granted herein are mathematically substantial, representing 35%and
27%for each side,respectively and combined side yard relief at 44.8% relief from the Code, The lot coverage relief
requested is mathematically substantial representing 23% relief from the Code. However, prior ZBA approval for a
lot coverage of 24.2 % was granted and the proposed increase is for .4% which is de minimus and the existing non-
conforming side yards setbacks, which also received prior ZBA approval, are being maintained.
4. Town Law "267..b 3' " 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. "l ovsrn Lav 267,.b131C"bl'51. The difficulty hast 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. "I"mvri I aNi 267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the
applicant to enjoy the benefit of a new front porch and second floor additions and alterations while preserving and
protecting the character of the neighborhood and the health, safety and welfare of the community.
RESOLUTION CF''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 Dantes, and duly carried,
to
GRANT the variances as applied for, and shown on the Site Plan and Architectural Plans prepared by Anthony
Portillo, Architect and dated March 9, 2022.
SUBJECT TO THE FOLLOWING CONDITIONS:
1. The waterside"as built deck" and Hot Tub/JacuZZi shall be removed.
2. The shower in the accessory garage shall be removed.
3. The kitchen like counter-top sink and cabinet in the accessory garage shall be removed-
4. This variance relief is subject to Southold Town Board of Trustee's Approval.
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 isstted.
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 ft-om 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 tinder this application when involving
Page 4, August 18,2022
#7691, Bradford
SCTM No. 1000-53-6-16
nonconformities under the zoning code. This action does not authorize or condone an},current orJulure use, serhack
or other feature ql*lhe subject property that Mtn. violate the Zoning Code, Other than such uses, selhacks and other
features as are expressly addressed In this action.
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) Dantes, Planamento, Acampora, and Lehnert. This
Resolution was duly adopted (5-0)
-k. ..........
Leslie Kanes Weisman, Chai Berson
Approved for filing 0l /2022
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