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HomeMy WebLinkAbout51140-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#: 51140 Date: 08/29/2024 Permission is hereby granted to: Rebecca Bausch 26 Bellair Dr Dobbs Ferry, NY To:. Construct additions and alterations to an existing single-family dwelling to include HVAC updates and an outdoor shower as per ZBA approval. Premises Located at: 50 Breitstadt Ct, Southold Section\Block\Lot#70.-9-29 Pursuant to application dated 07/01/2024 and approved by the Building Inspector. To expire on 02/28/2026. Contractors: Required Inspections: Fees• SINGLE FAMILY DWELLING -ADDITION OR ALTERATION $1,400.00 CO-ALTERATION TO DWELLING $100.00 Total S1,500.00 Building Inspector �� TOWN OF SOUTHOLD—BUILDING DEPARTMENT s `v Town Hall Annex 54375 Main Road P. O. Box 1179 Southold,NY 11971-0959 Telephone (631) 765-1802 Fax (631) 765-9502 I)qL) ;//wNvNv,. otitholcil owi:inn ),,c)�, Date Received APPLICATION FOR BU11 ;I For Office Use Omy qq 2 02 PERMIT NO. I Building Ins.eetcra_,,,, — - g N� a ... ._....— ------- uiiclin Department Applications and forms must be filled out in their entirety. Incomplete did applications will not be accepted. Where the Applicant is not the owner,an 11"N .F¢c r Owner's Authorization form(Page 2)shall be completed. Date:July 26, 2023 OWNER(S)OF PROPERTY: Name: Rebecca Bausch, David Burns SCTM# 1000- 0 d Project Address:50 Breitstadt Court S0L-A Phone#:347.837.0675 Email:davidpaulburns@gmail.com Mailing Address:26 Bellair Drive Dobbs Ferry, NY 10522 CONTACT PERSON: Name: David Burns Mailing Address:26 Bellair Drive Dobbs Ferry, NY 10522 Phone#:347.837.0675 Email:davidpaulburns@gmail.com DESIGN PROFESSIONAL INFORMATION: Name:David Burns, AIA Mailing Address:26 Bellair Drive Dobbs Ferry, NY 10522 Phone#:347.837.0675 Email:davidpaulburns@gmail.com CONTRACTOR INFORMATION: Name:TBD Mailing Address: Phone#: Email: DESCRIPTION OF PROPOSED CONSTRUCTION ❑New Structure ®Addition *Alteration ❑Repair ❑Demolition Estimated Cost of Project: ❑Other $225,000 Will the lot be re-graded? ❑Yes *No Will excess fill be removed from premises? DYes ❑No 1 PROPERTY INFORMATION Existing use of property:residential Intended use of property:residential 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. liQ Check 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(plint name): David Burns ❑Authorized Agent EOwner Signature of Applicant: Date: 07.26.2023 CONNIE D.BUNCH STATE OF NEW YORK) Notary Public,State of New York SS: No.01 BU6185050 COUNTY CIF ) Qualified in Suffolk County Commission Expires April 14,2 being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) 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 �( ay of 200'J Notary Public PROPERTY OWNER AUTHORIZATION (Where the applicant is not the owner) 1, residing at do hereby authorize to apply on my behalf to the Town of Southold Building Department for approval as described herein. Owner's Signature Date Print Owner's Name 2 1 .x TOWN F SOUTHOLD PROPERTY M %.AwitD � OWNER ISTREET VILLAGE DISTJ SUB. LOT 47 FORMER OWNER N E I ACR.: .I I , 3 L� , .. a S W TYPE OF BUILDING (RES. 7/6 SEAS. FARM COMM. CB. MICS. Mkt. Value LAND IMP: TOTAL DATE REMARKS s - e a c Ili 7/-7 -UJI cc f . e r 6c, = 9 I %) - p i iv AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per I Value Acre l Tillable _ FRONTAGE ON WATER ' Woodland FRONTAGE ON ROAD —r l Meadowland DEPTH House PIS ! BULKHEAD Total g DOCK i COLOR _ TRIM E 5 F . D M. Bldg. Extension E z1 Extension' s I Extension ' - e Bath Foundation z £ - Dinette Porch Basement �U Floors K. Porch Ext. Walls If ( � Interior Finish LR. Breezeway Fire Place ;Heat DR. Garage Type Roof Rooms 1st Floor BR. Patio Recreation Room :Rooms 2nd Floor FIN. B TO. B. 'Dormer Driveway Total � 3 I 1 s I BOARD MEMBERS, ®f S0�l� Southold Town Hall 53095 Main Road • P.O. Box 1179 Leslie Kanes Weisman, Chairperson AL Southold,NY 11971-0959 Patricia Acampora Qffice cats Eric Dantes Town Annex/First Floor, Robert Lehnert, Jr. " 54375 Main Road(at Youngs Avenue) Nicholas Planamento Coo Southold,NY 11971 RECEIVED q http://southoldtownny.gov a � '�` 1'2'l A0A r ris,. ZONING BOARD OF APPEALS �1 AH 2 ;�� �'��"lp. TOWN OF SOUTHOLD �. UL. _ 0 Tel. (631) 765-1809 Southold Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION TMI)ING,D rr. MEETING OF MARCH 21, 2024 I I l f'Ii I ( "f,l 01 ., Z1 A FILE: #7883 NAME OF APPLICANT: David Burns & Rebecca Bausch PROPERTY LOCATION: 50 Breidstadt Court, Southold SCTM No. 1000-70-9-29 SE RA ETLIR 'IN TIOI : 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. all I"ODIC COUNTYlMl'N1 TRATl1E C3tC7C1: This application was not required to be referred to the Suffolk County Department of Planning under the Suffolk County Administrative Code Sections A 14-14 to 23. LWI P D » I"EI MINA"I"I011: 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. RBOP-RTY FA T /B B The Notice of Disapproval referred to a survey that was dater~! September 3, 1968. The most recent survey of the property dated September 19, 2023 prepared by Nathan Tall Corwin, III,. L.S. depicts the subject property as a non-conftrrrning 20,584 sq, f, parcel located in all R40 Zoning District, The property has a road fr-ontage t>1 124,45 feet alon g Breitstadt Court, curves towards Clearview Avemre 39.27 feet,then fronts Cleat-view Avenue rneasur inn, 105.00 feet,then measures 165.60 feet along the rear property line. The property is improved with a one story house with garage with a Certificate of Occupancy # 3305, dated October 18, 1968. BASIS OF APPLICATION: Request for Variances from Article XXIII, Section 280-124; and the Building Inspector's December 14, 2023 Notice of Disapproval based oil art application for.a permit to construct:additions and alterations to an existing single family dwelling; at; 1) located less than the code required minimuin rear-yard setback of 50 feet;2)more than the code permitted maximum lot coverage o'F20%,, located at: 50 Breitstadt Court:, Southold, NY. SCTM No. 1000-70-9-29. RELIEF REQUESTED: The applicant requests variances to construct additions and alterations to the front and rear of the dwelling and construct an in-ground pool surrounded by a patio: 1. Proposed rear yard setback of 32.8 feet where a minimum of 50 feet is required. 2. Proposed lot coverage of 22.3% where a maximum of 20% is required. AIDI"II NAI, INF IMA,I"ION: During the hearing, the owner provided statements that the proposed porch roof will cover an already existing raised concrete patio. It was also stated that the existing sanitary system is in the northeast corner of the rear yard. The owner agreed that there needs to be evergreen screening for the proposed pool so as to not be seen from the road. „ Page 2, March 21,2024 #7883, Bausch SCTM No. 1000-70-9-29 F1NDINGS Dlw FACT/ I LASf N4 FQR RO_&Rwk _('"1 -. The Zoning Board of Appeals held a public hearing on this application on March 7,2024,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 snakes the following findings: 1. llaavw 267-b b 1 . Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed additions and alterations are all one-story in keeping with the existing residence. *rhe proposed porch roof that required rear yard relief is going over an existing raised patio. The proposed pool will not be seen from the street with appropriate landscape screening. Therefore, the proposed additions and alterations to this residence will riot produce an undesirable change to the character of the neighborhood. 2. i°owraaw 7 b b . The benefit sought by the applicant cannot be achieved by some method feasible for the applicant to pursue,other than an area variance. Any addition to the rear of the louse will require variance relief, as the existing house violates the required 50 ft setback.. As for the lot coverage variance„ the majority of the non-conformance is with the proposed accessory pool. This pool has no impact on the surrounding neighborhood, as it is non-habitable space, and will not be seen from the road. 3. Towrr haw 267-b b The variances granted herein are mathematically substantial: I. The proposed rear yard setback represents a 34% relief from the code. 2. The proposed lot coverage of 22.3 %represents a 10%relief from the code. However, the covered porch that requires the rear yard setback variance is going to be placer) over an existing raised patio that already exists at this setback. The lot coverage relief is mainly for the proposer)swimming pool. This is not a habitable space. 4. Town ?Law 2L)7-_b 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. "[lre applicant roust comply with Chapter 236 of the Fown's Storrn Water Management Code and the conditions of this board. 5. I awrr Law 267-b S The difficulty has been self-created, "l.he 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 Cade in effect prior to or at the time of purchase. 6.low 7-b- Grant of the requested relief is the minimum action necessary to enable the applicant to enjoy the benefit of additions and alterations to the house,and an accessory swimming pool while preserving,and protecting the character of the neighborhood and the health, safety and welfare of the comrnunity. SQLUL N C 1” fh•l BOARD: In considering all of the above factors and applying the balancing test under New'York"I"°own Law 267-B,motion was offered by Member Lehnert,seconded by'Member ,and duly carried, to GRANT the variances as applied for, and shown on the Survey by Nathan Taft Corwin„ III, Land Surveyor, dated September 19, 2023, and the Architectural Plans prepared by David Paul Burns, Architect, dated July 26, 2023. Page 3, March 21,2024 #7883, Bausch SCTM No. 1000-70-9-29 SUBJECT 7*0 THE FOLLOWING CONDITIO S: 1. Evergreen screening shall be planted and maintained around the proposed pool,to block the view from the road. 2. fool pump equipment/mechanicals must be located a minimum of 20 feet from any property line or be contained in a sound deadening shed type of enclosure with a lot line set back that is in conformance with the bulk schedule for accessory structures. 3. Drywell for pool de-watering shall be installed. This approval shall not be deemed effective until the required conditions have been met.At the discretion of the Board of", ppeals,,failure to comply with the above conditions niqy 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 Ap`PBt VAD GRANTED HERE ll'� Please bead C:'arefull Arai deviation front the survey,site plan anel✓or architectural drawings cited in this decision, or work exceeding the scope of the rellef granted herein, will result in delq s and/`or a passible denial by the Building Department of a building permit and/or the issuance of a Stop Work Order,and may require a new application andpublic hearing before the Zoning Board of"Appeals. .Any deviation from the variance(s)granted herein as shown on the architectural drawings,site plan andlor survey cited above,, such as alterations, extensions, demolitions, or demolitions exceeding the scope of tite rellef°granted herein, are not authorized under this application when i"evolving noncortformities 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 otherffeatures as are expressly addressed to this action. TIME LIMITS;f""I<" ON THIS APPROVAL.- pursuant to Chapter 280-1.46(13)of the Code of the Town of Southold any variance granted by the Berard 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 pricer to the date of expiration,grant an extension not to exceed three(3)consecutive one(.I)year terms. IT IS THE PRo1"I'ItTY OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE CODE REQUIRED TIME FRAME D SCRIBED 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, Planamento, Acampora, and Lehnert. (5-0) F Leslie Kanes WeismAn, Chairperson Approved for filing / /2024