HomeMy WebLinkAbout50964-Z ., TOWN OF SOUTHOLD
BUILDING DEPARTMENT
�`a 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 #: 50964 Date: 7/17/2024
Permission is hereby granted to:
Breezy Shores..Cornnty Inc
PO BOX 925
Mattituck NY 11952
To: Construct addition / alteration to existing seasonal dwelling (Cottage #14) as applied
for, per ZBA#7850.
At premises located at:
65490 Route 25, Green port
SCTM #473889
Sec/Block/Lot# 53.-5-12.6
Pursuant to application dated 5/24/2024 and approved by the Building Inspector.
To expire on 1/16/2026.
Fees:
SINGLE FAMILY DWELLING-ADDITION OR ALTERATION $333.00
CO-ALTERATION TO DWELLING $100.00
Total: $433.00
Building Inspector
r 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 hLtL)sl/www.sotidioldtowniiy.gov
Date Received
D �l
{Q For ice Us _, y
IN
PERMIT NO. Building Inspector. MAY 2 4 2024
Applications and forms must be filled out in their entirety.Incomplete
applications will not be accepted. Where the Applicant is not the owner,an Town Building Department
Owner's Authorization form(Page 2)shall be completed. f �uti��9 Date: MARCH 8, 2023
OWNERS)OF PROPERTY:
Name: JENNIFER WAGNER& NICO SCHWEIZER SCTM# 1 - 53 - 05 - 12.6
Project Address: 65490 MAIN ROAD, GREENPORT, NY 11944 (BREEZY SHORES COTTAGE #14)
Phone#: (718) 614 7380 TTM71 : wag ner.jennifer@g mail.corn
Mailing Address: 11 LEWIS LANE, GARRISON, NY 10524
CONTACT PERSON:
rame: FRANK W UELLENDAHL
M ailing Address: POB 316, GREENPORT, NY 11944
Phone#: (631)680 0041 Email: frank.ueliendahl@gmail.com
DESIGN PROFESSIONAL INFORMATION:
Name: SEE CONTACT PERSON
Mailing Address:
Phone#: Email:
CONTRACTOR INFORMATION:
Name: JOEL DALY CONTRACTING
Mailing Address: POB 343, SOUTHOLD, NY 11971
Phone#: (631) 765 1223 Email: joeldalyhi@optonline.net
DESCRIPTION OF PROPOSED CONSTRUCTION
❑New Structure ❑Addition ®Alteration ❑Repair ❑Demolition Estimated cost of Project:
DOther RECONSTRUCTION OF THE EXISTING ENCLOSED PORCH $ 85 K
Will the lot be re-graded? ❑Yes RNo Will excess fill be removed from premises? ®Yes ❑No
1
PROPERTY INFORMATION
Existing use of property: RESIDENTIAL DWELLING Intended use of property: RESIDENTIAL DWELLING
Zone or use district in which premises is situated: Are there any covenants and restrictions with respect to
R_80 this property? ❑Yes ONO IF YES, PROVIDE A COPY.
Check Box AterReading: 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(lass A misdemeanor pursuant to Section 210AS of the New York State Penal Law.
Application Submitted By( i ' e): FRANK W UELLENDAHL RAuthorized Agent ❑Owner
Signature of Applicant: k CONNIE D. BUNCH Date: 31e
Notary Public,State of New York
STATE OF NEW YORK) No.01 BU6185050
Qualified in Suffolk County {
SS: Commission Expires April 14,2
COUNTY OF_SUFFOLK
FRANK W UELLENDAHL RA being duly sworn, deposes and says that(s)he is the applicant
(Name of individual signing contract) above named,
(S)he is the ARCHITECT
(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
OeA day of Nllrrlj� , 20),-3
Notary Public
PROPEIM OWNE11 _ I RI' I N
Where the applicant is not the( pp owner)
JENNIFER WAGNER AND NICO SCHWEIZER 11 LEWIS LN, GARRISON, NY 10524
I, residing at
do hereby authorize FRANK W UELLENDAHL to apply on
my behalf to the
�A Town of Southold Building Department for approval as described herein.
j&Wv✓yrvc — N*V\ March 5,2023
Owner's Signature Date
Jennifer Wagner Nico Schweizer
Print Owner's Name
2
BOARD MEMBERS rg so U Southold Town Hall
Leslie Kanes Weisman, Chairperson " 53095 Main Road • P.O. Box 1179
Southold, NY 11971-0959
Patricia Acam poraz Town Annex/Firsffice t F:
Eric Dantcs ' ' t Floor,
Robert L �Ii�°� �`. l",, "
54375 Main Road(at Youngs Avenue)
NichQlasx" lanamento coo Southold, NY 11971
RECEIVED
� http://southoldtownny.gov �' �' AW
S�
"a ZONING BOARD OF APPEALS M
TOWN OF SOUTHOLD
s Tel. (631) 765-1809 Southold Town Clerk
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF MAY 16, 2024
ZBA FILE: #7850
NAME OF APPLICANT: Jennifer Wagner & Nico Schweizer
PROPERTY LOCATION:65490 Main Road, Greenport, NY, Breezy Shores Cottage# 14.
SCTM No. 1000-53-5-12.6
E RA DETERMINATION: 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.
SLJFFOLK COUNTY' ADMINISTRATIVE CODE; 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 October 26, 2023 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 Dl3TI RMINA:,E1 N: 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 his recommendation elated July 17, 2023, 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 is EXEMPT from LWRP policy review and considered a Minor Action..
PROPERTY FACTS/DESCRIPTICIN,, The subject property is located in the R-80 Zoning District and contains 82,
6acres. It is improved with three dwellings,a brick building,two garages,28 seasonal cottages and 20 sheds, Access
to the property is via Sage Boulevard, which is a private road, and the property is adjacent on the south to Shelter
Island Sound. The Breezy Shores community is a unique property deeply rooted in the history of the Town. The
multiple cottages on the property are pre-existing non-conforming use that was established prior to zoning by the
Sage family in the early 1900's. The cottages previously housed employees of the "Sage family brick factory„ and
after the brickyard closed, they were rented as seasonal cottages.. In 2000,a real estate cooperative, Breezy Shores
Community Inc. was established, and shares were offered as an ownership interest in the Cooperative. The cottage
at issue in this application is known as Cottage # 14 as shown on the survey prepared by Howard W, Young, L.S.
dated December 12, 2013, and a Site Plan of Breezy Shores, showing proposed improvements including a
reconstructed enclosed porch prepared Frank Uellendahl, Architect, last revised March 7, 2023 and labeled A-1
through A-4.
BASIS OF APPLICATION: Request for a Variance from Article XXIII, Section 280-123; and the Building
Inspector's July 25, 2023 Notice of Disapproval based on an application for a permit to construct a dormer addition
Page 2, May 16, 2024
#53-5-12.6, Wagner—Breezy Shores#14
SCTM No. 1000-53-5-12.6
to an existing seasonal cottage; 1) a nonconlitrming building containing a nonconforming use shall not be enlarged,
reconstructed, structurally altered or moved, unless such building is changed to a conhorn,iing use, located at: 1414
Breezy Shores, 65490 Main Road (adj. to Shelter Island Sound) Greenport, NY. 'SCMTM41000-53-5-12.6
fQ, fJEF,,l, L,QI1:.j ! The applicant requests a variance to reconstruct the enclosed parch in the front and extend
the roof of cottage # 14 in Breezy Shores Community where the Town Code does not allow for any additions and
alterations unless the cottage is changed to a code conforming use.
ADDITIONAL INFORMATION: The cottages are only non-conforming because there are multiple cottages on a
single property where the code only permits one residence on one lot. The ZBA has a long history of recognizing
that the age of these pre-existing non-conforming cottages would eventually require some structural and code related
improvements over time and determined that variances that were de minimus in nature(prior relief granting no more
than a 3% enlargement without expansion of the footprint) were reasonable for modernization and to keep the
cottages in good repair and to maintain property values
FI II II k:...F ►C"1/ I:ASt ISMFOR BQARD... Q11ON;'.
The Zoning Bayard of Appeals held a,public hearing on this application on May 2,2024 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. "o n Law `2C 7mmb b l . Grant of the variance will not produce an undesirable change in the character of the
neighborhood or a detriment to nearby properties. This unique property, represents its own neighborhood of 82,6
acres. It contains a substantial buffer of wetlands along the northern boundary of the property, and the enclave of
cottages is sufficiently removed from other adjacent neighborhood properties so that adjacent property owners will
not be affected by an additions and alterations. The reconstruction of cottage # 1.4's enclosed porch will riot result
in any additional square footage being added to the cottage and the roofline will be replaced in kind,, which will .not.
change the character of the neighborhood. There is a nearby cottage with the identical roof dormer in place
2. J'owvn Law 42674 3 b 2 The benefit sought by the applicant cannot be achieved by some method, feasible
for tite applicant to pursue, other than an area variance. The existing seasonal cottage is a pre-existing non-
conforming building with a pre-existing non-conforming use. As a consequence of the non-conforming status, any
proposed additions and alterations will require relief from the Town Code.
3. Town Law 26 -b b 3 . The variance granted herein for the alterations and additions is rnatheanatic-ally
substantial, representing 100% relief from the code because Section 280-123 prohibits the enlargement of non-
conforming buildings with non-conforming uses. However,the existing enclosed porch is currently in disrepair,and.
will be replaced with new foundations, and new walls and roof, which will match the existing in all ways. In prior
decisions related to other Breezy Shore applications involving proposed increases of 3%or less in the size of these
pre-existing non-conforming cottages,the Board has determined that such increases are reasonable and necessary for
maintenance and updates and are de minimaas in nature.
4 Town Law 62674 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. I<'crwaa Lary `267 b 'b The difficulty has been sett-created since 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. However, to
Page 3, May 16,2024
#53-5-12.6, Wagner-Breezy Shores#14
SCTM No. 1000-53-5-12.6
the extent that a seasonal structure such as this one periodically requires some degree of reconstruction and/or
alterations to continue the safe use of the structure,the need for variance relief is not self-created, but is created by
Zoning Code that now prohibits an existing use and activities that at one time were not prohibited.
6. Tossyn Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the
applicant to enjoy the benefit of' renovations and additions while preserving and protecting the character of the
neighborhood and the health„ safety and welfare of the community.
l l_wSC ml l .° IC _ F TL-1 Id , . In considering all of the above factors and applying the balancing test under New
`r ork`Town Law 267µB,motion was offered by Member Lehnert,seconded by Member Planamento,and duly carried,
to
GRANT the variance as applied for, and shown on a Site Plan of Breezy Shores, and Architectural Drawings of
Cottage # 14, prepared by Frank Uellendahl, Architect, last revised March 7, 2023 and labeled A-1 through A-4.
il?ICTm'(7TmmFOltw !11G1NTI [ :,
1. The cottage use will continue in its current status as an unheated seasonally occupied dwelling.
2. No ether alterations or additions may be undertaken without review by the ZBA, except for necessary minor
repairs as determined by the Town Building Department.
This approval shall not be deemed ejj ctive until the required conditions have been met.At the discretion of
the Board of,Appeals,failure to comply ivith 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
not increase the degree of nonconformity.
IMPORTANT LIMITS ON' THE AYPI OVA A RANTED 11IFREII'
Please lead Carefully
Any deviation from the survey,site plan andlo,r architectural drawings cited in this decision,or work exceeding
the scope of the reliefgranted herein, will result in delays°an a possible denial by the Building Department
Of a building permit anddlor the issuance of a Stop Work Order, 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, demolitions, or demolitions exceeding the scope of the reliefgranterd
herein, are not authorized under this application when involving nonconfornaities 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.
TIMF UMITS ON Ti HIS XPPIEx,OVA.0 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( )years from the date such variance was granted.. The Board of Appeals may, upon
Page 4, May 16,2024
#53-5-12.6, Wagner—Breezy Shores#14
SCTM No. 1000-53-5-12.6
written request prior to the date of expiration,grant an extension not to exceed three(3) consecutive one (1)
year terms.IT IS TIME PROPERTY' OWNER'S IU PON IBILIT ' TO El SAIRI'" COMPLIANCE L WITH
THE CODE 'RE E�LRED" IME FRAME DESCRIBED R:EREA . 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, Planamento, Acampora, and Lehnert. (5-0)
`,eslie lanes Weisman, C iairperson
Approved for filing i/17/2024
TOWN OF SOUTHOLD—BUILDING DEPARTMENT
Town Hall Annex 54375 Main Road P. O. Box 1179 Southold,NY 11971-0959
P' Telephone (631) 765-1802 htt . /w w. o^ tlz ldto +rtii . oY
F1'oodplain Development Permit Applicati
on
PROPERTY INFORMATION: Flo
od Zone: ZONE X FIRM Panel: SCTM# 1000- 53-05-12.6
Address: 65490 ROUTE 25, BREEZY SHORES #14
City: GREENPORT, NY Zip: 11944
CONTACT PERSON: Name: FRANK W UELLENDAHL RA Phone#: (631) 680 0041
....................._
Mailing Address: POB 316, GREENPORT, NY 11944
PROJECT DESCRIPTION: RECONSTRUCTION OF THE EXISTING SUNROOM PORCH
SECTION A:STRUCTURAL DEVELOPMENT(CHECK ALL THAT APPLY)
Type of Structure Type of Structural Activity
R Residential (1 to 4 families) ❑New structure
❑ Residential (more than 4 families) ❑ Demolition of existing structure
❑ Combined use ❑ Replacement of existing structure
❑Non-residential ❑ Relocation of existing structure
❑ Elevated ❑ Addition to existing structure
❑ Flood (d ef roo attach certification) 0 Alteration to existing g structure
❑ Manufactured Home R Other: REPLACEMENT OF THE EXT'G SUNROOM
❑ Located on individual lot
❑ Located in manufactured home park
SECTION B: OTHER DEVELOPMENT(CHECK ALL THAT APPLY)
❑ Clearing of trees,vegetation ordebris ❑ Mining ❑ Grading ❑ Drilling ❑ Dredging
❑ Connection to public utilities or services ❑ Paving ❑ Placement of fill material
R Drainage improvement(including culvert work) ❑ Roadway or bridge construction
❑ Fence or wall construction ❑ Watercourse alteration (attach description)
❑ Excavation (not related to a structured development) ❑ Other development not listed (specify):
By signing below I agree to the terms and conditions of this - knowledge--
permit and certify to the best of my the information contained
in this application is true and accurate. I understand that no work may start until a permit is issued.The permit may be revoked if any
false statements are made herein. If revoked,all work must cease until permit is re-issued. Development shall not be used or occupied
until a Cert.of Compliance is issued.The permit will expire if no work is commenced within one year of issuance.Other permits may be
required to fulfill regulatory requirements.Applicant gives consent to local authority or representative to make reasonable inspections
to verify compliance.
Application Submitted c ' tnam � FRANK W UELLENDAHL RA
Signature of Applicant: } Date: MARCH 6, 2023
DISAPPROVAL A�9-0
Scott A. Russell ST011.MWA\T]E]k
SUPERVISOR 1\�1[A\1�A\�G�]EMIENT
SOUTHOLD TOWN HALL-P.O.Box 1179 Town
/' ],, ]
53095 Main Road-SOUTHOLD,NEW YORK 11971 l o wn of Southold
CHAPTER 236 - STORMWATER MANAGEMENT REFERRAL FORM,
( APPLICANT INFORMATION TO BE COMPLETED BY THE APPLICANT
ONLY FOR PROPERTIES ONE ACRE IN AREA OR LARGER. )
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
APPLICANT: (Property Owner, Design Professional, Agent, Contractor, Other)
NAME: Date:
rai�vratu�es
Contact Information:
(E-Mail 8 Telephone Number)
Property Address / Location of Construction Site:
40�5 40 0 0--LQa&) V'o S.C.T.M. #: 1000
District
Section Block Lot
TO BE COMPLETED BY SOUTHOLD TOWN ENGINEERING DEPARTMENT
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Area of Disturbance is less than l Acre. No S.P.D.E.S. Permit is Re uir d t
Project does Not Discharge to Waters of the State. No S.P.D.E.S. Permit is l ee uired l
- Area of Disturbance is Greater than 1 Adre&Storm-water Runoff Discharges Directly
to Waters of the State of New York. THE APPLICANT MUST OBTAIN a S.P.D.E.S.Permit
DIRECTLY From.N.Y.S. D.E.C.Prior to Issuance of a Building Permit.
❑ Area of Disturbance is Greater than 1 Acre&Storm-water Runoff Flows Through Southold
Town's MS4 Systems to Waters of the State of New York. THE APPLICANT MUST OBTAIN
a S.P.D.E.S. Permit throe h the Southold Town Engineering Department
Prior to Issuance of a Buildin Permit.
3 Reviewed By. (4x'� Date:
FYIR IU a CMr P-Too nrrnhpr 91114 -