HomeMy WebLinkAbout51085-Z tt 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 #: 51085 Date: 8/20/2024
Permission is hereby granted to:
Bausch, Rebecca
.. ,., ..._. .._ ........... .... ..................
26 Bellair Dr
Dobbs Ferry, NY 10522
To: Install inground swimming pool accessory to a single-family dwelling as applied for per
ZBA approval.
At premises located at:
50 Breitstadt Ct, Southold
SCTM #473889
Sec/Block/Lot# 70.-9-29
Pursuant to application dated 7/19/2024 and approved by the Building Inspector.
To expire on _n,_2/19/2026.n
Fees:
SWIMMING POOLS -IN-GROUND WITH FENCE ENCLOSURE $300.00
CO- SWIMMING POOL $100.00
Total: ._.........
....
$400.00
Building Inspector
TOWN OF SOUTHOLD—BUILDING DEPARTMENT ` 0 c
40
Town Hall Annex 54375 Main Road P. O. Box 1179 Southold, NY 11971-0959
Telephone (631) 765-1802 Fax (631) 765-9502 httr)s,://www.soe.itllloldtowiuiv.goy
41
Date Received
APPLICATION FOR BU I n1kir
REPAnL-c
For Office Use Onry
PERMIT N0, Building Inspector�,_,_,_,,,,,
'ildin 'De ment
Applications and forms must be filled out in their entirety. Incomplete $ ,d
applications will not be accepted. Where the Applicant is not the owner,an TO`VN : I'mum,•i ::
Owner's Authorization form(Page 2)shall be completed.
Date:July 26, 2023
OWNER(S)OF PROPERTY:
Name: Rebecca Bausch, David Burns SCTM # 1000- —70 � a
Project Address:50 BreitStadt Court wMal
Phone#:347.837.0675 1 Email:davidpaulburns@gmaii.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:davidpaulburnsC 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
El New Structure„_., eration ❑Repair ❑Demolition Estimated Cost of Project:
❑Other $225,000
Will the lot be re-graded? ❑Yes k*No Will excess fill be removed from premises? *Yes 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.
19 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(p int name):David Burns ❑Authorized Agent ®Owner
Signature of Applicant: to
„x Date: 07.26.2023
CCJNNIE tt BUNCH
STATE OF NEW YORK of Ne
) Notary Public,State of New York
SS: No.01BU6185i 50
COUNTY OF�ff ) Qualified in Suffolk County l
Cornmission Expires April 14, .
_ being duly sworn, deposes and says that (s)he is the applicant
(Name of individual signing contract) above named,
(S)he is the �_w ....
(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
� r
<, ay of .. -�� � 20
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
Wa
00 Main Road
Mattituck,NY 11952
Office:631-298-4014
Info@NorthForkPoo]Care.coni
2--:ff[E
.04—OZ
JUL P024
BUHMING DElyr.
G )F GtJ l(')T :`
- Pool Walls are 10"thick at a height of 48" (Four Feet)
Walls are formed and poured with 3500 PSI Gravel Mix Concrete
#3 Rebar is placed inside the wall. Horizontally(doubled) at the top and
bottom of the wall. Also, vertically every four feet at maximum.
A sand bottom is installed for pool floor. A vinyl liner is installed on top
of sand and concrete.
AL
Page 1 of 1
C) - i cc,
APPROVED AS NOTED
DEC C 2r,
SURVEY OF 2 25 1 o55
LOT 16
I LLa_00 sy,_aa—
MAP OF
SMITHFIELD PARK NOTIFY BUILDING DEPARTMENT AT
FILE N,,.4770 FILED DECEMBER 27, 1966 i 631-765-IN2 MM TO 4PM FOR TM
SITUATE FOLLOW NG INSPECTION&
SOUTHOLD
TOWN OF SOUTHOLD FOUNDATION=TWO REQUIRED
SUFFOLK COUNTY, NEW YORK FOR POURED CONCRETE
S.C. TAX No. 1000-70-09-29 ROUGH-FRAMING&PLUMBING
SCALE 1"=20'
SEPTEMBER 19, 2023
*jSULATION
FINAL-CONSTRUCTMMUST
751191
Z' 30., LOTr� AREA = 20.584 sq. fl. j COMPLMFORC-01-
O.473 oC.
)N SHALL THE ES MEET AM THE
ti
CONSTRUC"
OF NEW
REQUIREMENTSOF
YOW STATE. NOT RESPONSIBLE FOR
ERRORS
DEW.4 OR CONSTKCWN
;FINAL MAP
V
2EVIEWEC BY_ZBA
COMPLY WITH ALL CODES OF
`t f 'JECTSION4
f `may iDATED: NEW YORK STATE&TOWN CODES
AS REQUIRED AND CONDITIONS OF
q- 7
-70
WLmmT9mZm
EXIOTINC LOP COVERAGE DATA
"I.
2.967se tl P ft. 14.4% LY&Dm A I
1 4.1
4k
C` T
ELECTRICAL
INSPECTION REQUIRED T.T.Max MUM
R
ENCLOSE POOLTO C00-
s-IMMEDIATELT'
J�
UPON CADMPLE70%
BEFORE WATER
69.C6
rCO L e��_ f T gr
CI_
� fz� I
LA N L- �gp
RETAIN STORM WATER RUNOFF
V4'Al ir
PURSUANT TO CHAPTER 236
OF THE TOWN CODE
Nathan Taft Corwin III
Land Surveyor
Ll,
43-172!
e
✓ram. .
BOARD MEMBERS � � Southold Town Hall
53095 Main Road • P.O. Box I t 79
L eslie Kanes Weisman, Chairperson AL Southold,NY 11971-0959
Patricia Acampora fr.1K-Lo_ca�i_)n:
Eric Dantes , Town Annex/First Floor,
54375 Main Road(at Youngs Avenue)
Robert Lehnert, Jr.
Nicholas Planarnento Southold,NY 11971
�.. � RECEIVED
Aim
http://southoldtownny.gov �
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 Southold Town Clerk
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF MARCH 21, 2024
ZBA FILE: #7883
NAME OF APPLICANT: David Burns & Rebecca Bausch
PROPERTY LOCATION-. 50 Breidstadt Court, Southold SCTM No. 1000-70-9-29
L( EIDI TL
A RMI,N
" A.IM: The Zoning Board of Appeals has visited the property under consideration in this
application and deternmines that this review falls under tile 3,e e II category of the States List of Actions, without
further steps under SEQRA.
S!JE. QL tv,,Q!2N1' _L. C IIN1 „II �4d,IV -MUL1, 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.
1 WI ,I3 VEF RNjPA 1e10 The relief, pen-nit, or interpretation requested in this application is listed under the
Minor Actions exempt list and is not subject to review under Chapter 268.
pj(QpEM I .t�l"',. t�I.5LLM ESCRIP'I'ION The Notice of Disapproval referred to a survey that was dated September
3, y dated September 19, 2023 prepared by Nathan Taft Corwin, III,
1968. The most recent survey of the propel
L.S. depicts the subject property as a non-conforming 20,584 sq. ft. parcel located in an R-40 Zoning District,
The property has a road frontage of 124.45 feet along Breitstadt Court, curves towards Clearview Avenue 39.27
feet,then fronts Clearview Avenue measuring 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 9 3305, dated
October 18, 1968.
_wI Request ffor �2280 1 4; and the Building
l3AI_ 01I. . PI'M for Variances Ir°orn Article ," III, Section
December 14, " 23 Notice Disapproval based on are application f I tit to constrtwct additions
Inspector'sal existing single arnilyld�welling; at; l.) l s� 'tart the code
required
nli �reitm reard
4
and alterations to an n � located less it a�°
setback of 50 feet; 2)more than the code permitted maxir� urn lot coverage ofCourt,
Southold, NY. SCTM No. 1000-70-9-29.
ILIA and construct an g�n-,' variances
to construct additions and alterations to the front and
I .R QLJ N L The applicant
rear of the dwelling ' g I LInded by a patio
P° y �. � required.s required.
1. I��'ro rtse.d rear ,;t�°d setkaack r�I'�:��. $ feet where a w�rt�n��nu�°n ca9 SCl fd��t i
2. Pro osed lot cover- e of 22.3/o where a maainIUM f'20/� is
AIu)DI";I 111sCA1. IN1 C tIMA 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
FrNpINQ5
_$j`0 R C',
The Zoning Board of Appeals field 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
property and surrounding neighborhood, and other evidence,the Zoning Board finds the l'ollovving facts to be
true and relevant and makes the following findings:
l. 'Fown Law ',267-b 3 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. The proposed porch roof that required rear yard relief is going over an
existing raised patio. '['he proposed pool will not be seen from the street with appropriate landscape screening.
Therefore, the proposed additions and alterations to this residence will not produce an undesirable change to the
character of the neighborhood.
2. 'rown LLAw_§267-_bL3 IL WLILThe benefit sought by the applicant cannot be achieved by some method feasible
Any addition to the rear of the house will require variance
for the applicant to pursue,other than an area variance. rice,the majority of
relief', as the existing house violates the required 50 ft setback. As for the lot coverage varta
the non-confort-nance is with the proposed accessory Pool. 'This pool has no impact oil the surrounding
neighborhood, as it is non-habitable space, and will not be seen frog n tile road.
3. 'I'own 1,avy267-b13)(bA3)- The variances granted herein are mathematically substantial:
1. The proposed rear yard setback represents a 34% relief frorri the code,
2. The proposed lot coverage of22.3 % represents a 10 0/1a relief rorn the code.
However, the covered porch that requires the rear and setback variance is going to be placed over an existing
C�
raised patio that already exists at this setback. The lot coverage relief is mainly f"or the proposed swimming pool.
This is not a habitable space.
4. Town L,aw §267-b(3)(b)(4). No evidence has een submitted to suggest that a variance in this residential
ct oil the phy bsicai or environmental conditions in the neighborhood, The
community will have an adverse impa
applicant ITILISt comply with Chapter 236 of the Towns Storm Water Manageluent Code and the conditions of
this board.
5 :'�IL'o�mrnt,a�w '26�7-b 3 b 'I'lle difficulty has been self-created, 'I'lle applicant purchased the parcel after
�5 - presumed that the applicant had actual or constructive knowledge of the
the Zoning (',,ode was III effect and it is
limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase.
6.lown Law§-267-b. Grant of reqUested relief is the ininitrium action necessary to enable the appli i cant to
ons to the house,arid an accessory swi trial I rig pool wh I le presery Ing and
enjoy the benefit ofadditions and alterati I
protecting the character of the neighborhood and the health, safety and welfare of the co T)111 11 u itY.
In considering all of tile above factors and applying the balancing test Linder
ION
offered by Member Lehnert, seconded by Member ,and duly carried.,
New York Town Law 267-13, motion was
to
GRANT the variances as applied for, arid shown on the Survey by Nathan Taft Corwin, 111, Land Surveyor,
dated September 19, 2023, and the Architectural Plans prepared by David Paul Burns, Architect, dated July 26.
2023.
m
Page 3, March 21,2024
#7883, Bausch
SCTM No. 1000-70-9-29
IIIII t. l(1"I°III FCII.FI:,OW1,NG CONDITIONS:
I. Evergreen screening shall be planted and maintained around the proposed pool,to block the view from
the road.
2, Drool 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 conl`i.)nnance
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 oJ'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.
The Board reserves the right to substitute a similar design that is de minimis in nature far an alteration that does
not increase the degree of nonconformity,
JMPO 'fAN I. l lMl"I« ON°1`llli;A.PPl2QVAQ GRAI 'f'ED llFllEl;N
Please Read CMarefull
Any deviation from the survey,site plan and/or architectural drawings cited in this decision, or work exceeding
the scope of the relief granted herein, will result in delays and"or it possible denial by the Building Department of
a building permit and/or 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 andlor survey
cited above, such d s alterationsfi e/tensions, demolitions, or demolitions exceeding the scope of the relairf granted
herein, are not authorized under this application when, involving raored:ogdrrrrutees under the toning cdrdle. This
action does not authorize or condone any current orf acre use,setback or otherfeature of the subject property that
may violate the Zoning Code, other than such uses,,setbacks and other features as are tmpressl,P addressed in this
action.
°rIMIII LI.MI-I" ON"1`1-ll ikPPItOVAL,z Pursuant to Chapter 280-146(B)of the Code of the Towvn of Southold
any variance granted by the hoard of Appeals shall 1VTOMe 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( ,)consecutive one(1)year terms. l°I�I US5
' ` E S T Failure R comply rule timely manner Ili CODE
THE PROPERTY G � RESPONSIBILITY��I"fl1k111�1 I`�"3"C`l ENSURE C" W'1"T'll'Tl
lif' ° �I f TIME: FRAME D C' 1BED H h 1��� ,
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)
Leslie Kanes Weisman, Chairperson ....._...
Approved for filing �;`/ ' /2024