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HomeMy WebLinkAbout51489-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#: 51489 Date: 12/17/2024 Permission is hereby granted to: Roberta Apuzzo 120 Midwood St Brooklyn, NY 11225 To: construct additions and alterations to existing single-family dwelling as applied for per ZBA&SCHD approvals Premises Located at: 515 Third St, New Suffolk, NY 11956 SCTM# 117.-9-17 Pursuant to application dated 10/22/2024 and approved by the Building Inspector. To expire on 12/17/2026. Contractors: Required Inspections: Fees: Single Family Dwelling- Addition&Alteration $1,171.50 CO-RESIDENTIAL $100.00 Total $1,271.50 ding,Inspector TOWN OF ,,,;; • M o Hall e Main R BUILDING d • Box 11 o tho d N NT ele hone( 765-1807 Fax 76S,,,.9502 Date ftteked For OMte Use only i 1 � o PERMIT NO. t Building Inspew Applications and forms must be filled out in their entirety.Incomplete applications will not be accepted. Where the Applicant is not the owner.are Owner's Authorization form(Page 2)shall be completed. Date: OWNER(S)OF PROPERTY: Name: a Z SCTM#1000- Project Address: j D V T 1 1 r. � l Phone#• � � Email: V\10. 2o ate, sk� .Mailing Address: Z CONTACT PERSON: Name.: Mailing Address Z u a �'�`©a d ( o q o I Phone#: l • '� �� ' o '� l Email: w DESIGN PROFESSIONAL R O A ONr° Name: - � IVlailirtg Address: �)Cllm° Phone#: C.� � Email: CONTRACTOR INFOR Name: Mailing Address: Phone#: Email: DESCRIPTION OF PROPOSED CONSTRUCTION O!New Structure Addition lteration ORepair ODemolition irna d Cost of P ject: OOther 1 Z , Will the lot be re-graded? Oyes No Will excess fill be removed from premises? OYes No i PROPERTY INFORMATION Existing use of property: Intended use of property: Zone or use district in which premises is situated: Are there any coven nts and restritians wM respect to � — this property'' ❑Yess No IF YES,PROVIDE A COPY. The o conuacw pr is mspansil le for all drakWe and storm water issues as pnwided by 6tterzMoMeTmitcoile. APPLIGTSON IS HEREBY MIX to the Building Deparhn mt for the issuance of a Building Permit punnant to the Bum Zone Hance of the Y of Southold,Suffok CoUnW,New V ark and other applicable laws,ordinances or Regulations,for the construction of buildhW, additions,afteratleas or fart removW ordemalition as hemin desedbed.The appi ant agress to comply vWth alt applicable laws, housing code on, redtil,ations and to ap nit authoriated Inspectors on premises and in building(s)for necessary item,.False stawments,made hertein are Punishable as a Class A misd rpearw purmant to Se Lion 210AS ofthe New Yetit State Penal Law. O HerApplication Submitted By m Signature of,gppli .. .. � Date: STATE OF NEW YORK) SS. COUNTY �Pt.r��✓� being duly sworn, deposes and says that(s)he is the applicant (Name oYindividual signing contract)above named, (S)he is the (Contractor,Agent,Corporate Officer,etc.) of said owner or owners, and Is drily 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 , Notary P blic Stephanie A �1 '„ NOTARY PUBLIC T wE.lr� YOB. Re istra1ion No,Q I K0609 911 (Where the applicant is not the owner) tteliittr ttIptt 0 commission :xptres August.11, I, 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 �: �L x:�•a^3 %•dr." a•.W:IFi i7ff 515 THIRD g� s N ins STREET __ A NEW SUFFOLK TOWN of SOUTHOLD ry MrarR0®'wou"mva,ER t:EVAna+ a. _ ,.. t— � 101,49 ed v ¢ 3 tFAw w,oauY -_a oP�wau - IE . � _ _ a -4 E oI wnryardlsVl ^ice[ - F t O .,ems. , Hsu c IS� � h �— ers WALE:PER RNJ JOBNUMBER: 29-027 T a \ fca ",aa."aan I -.mm `,i :�. .. ..,._.• F 1 1z.oas3 REvls®ce�Na, g.gm$ffi$ aasssss. _81.12 PEV Q—N.I. �'ECTro 3 Vie'1fN �u.atiIs�x. ia3 .ra�3�� eF4esa DRAVUTI BY:AMH DFSCRIP110N .sa...� 1 _.. §ate vxE0• DESIGNED W.AMH REVIEWED BY:JPCE JAP a+n airre/INEnNAmEohsi mrvA xo3uitAsiEAtN _ DATE: OKRA 2023 5 1as� o11Fn S�vueeCi5iA11REOx58ElPFAiAaM 551FM YAMBUrFIXM Cgwry DEPARiMEM - .'j ��•_�InSi SEPTIC . — -- SITE PLAN OWTS I _ �aRa�E sa �: oD�P�NO ~E—" affoD _ eam-= =a__sna aaa_ C 1 ge 5� � :t#�rs ._ � 3A5� SC DM S.SIam BOARD MEMBERS � soy/ Southold Town Hall �'�, �" Leslie Kanes Weisman, Chairperson 53095 Main Road • P.O. Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes 9z Town Annex/First Floor, Robert Lehnert, Jr. 4 54375 Main Road(at Youngs Avenue) Nicholas Planamento MUM Southold, NY 11971 http://southoldtownny.gov V RIBVED tLQC ZONING BOARD OF APPEALS jLL�) 0 2024 TOWN OF SOUTHOLD u OCT Tel. (631) 765-1809 SullcHng To�+rrrp ter. Southold 'down Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF AUGUST 15, 2024 ZBA FILE: #7929 NAME OF APPLICANT: Dante Apuzzo PROPERTY LOCATION: 515 Third Street,New Suffolk, NY SCTM# 1000-117-9-17 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type 11 category of the State's List of Actions, without further steps under SEQRA. SUFFQLK COUNTY ADMINISTRATIVE CODE: 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. LWRP_DETERMINATION.- 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. PROPERTY FBI SDESRIP I ION: The subject property is a non-conforming 7,158.07 square foot parcel located in an R-40 Zoning District. The property runs 70.59 feet along Third Street, runs 101.49 feet on the North side, runs 70.53 feet on the West side and 101.41 eet on the South side. The property is improved with a two-story frame residence and a shed. All is shown on a survey by Jason Leadingham, L.L.S., last revised April 24, 2023. BASIS OF APPLICATION: Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's February 16, 2024,Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single-family dwelling; at; 1)more than the code permitted maximum lot coverage of 20%; located at: 515 Third Street,New Suffolk,NY. SCTM No. 1000-117-9-17. RELIEF REQUESTED: The applicant requests a variance to make additions and alterations to an existing single- family structure that will result in lot coverage of 25.8 percent where town code permits a maximum lot coverage of 20%. The Notice of Disapproval lists the proposed lot coverage at 27.4 percent. which was listed on the architectural drawings submitted by the applicant. However, In a letter dated August 5, 2024, the applicant's representative corrected the proposed total lot coverage at 25.8%. According to the engineered plans received, the existing lot coverage is 16.39%. ADDITIONAL 1NFOR.MA'TION: In support of the variance relief requested, the applicant provided five area variances for lot coverage in the area that were previously granted by the Zoning Board of Appeals. ZBA application #7272 located at 16500 Main Street granted relief for a lot coverage of 28.4% to allow the applicant to build an in- ground swimming pool. ZBA application #7649 located at 2000 Jackson Street granted variance relief for lot coverage to build an in-ground swimming pool at 26.3 percent. ZBA variance #6462 located at 2395 Jackson and Page 2, August 15,2024 #7929, Apuzzo SCTM No. 1000-117-9-17 Second Street granted lot coverage of 26% for a variance to make alterations and comply with FEMA. In ZBA variance #5522 located at 1175 First Street, the ZBA required existing lot coverage of 23.9%to remain. At the hearing one neighbor spoke in opposition to the variance request and his general concerns regarding the over- development of residential properties which were not specifically relevant to the subject application. FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on August 1, 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. Town Law "267-b :3' b 1 . Grant of the alternative relief for 24% will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. In determining the calculation of 24% the Board looked at the past ZBA decisions cited. Decisions#7272 and 97649 granted larger lot coverage approvals for properties larger than the subject application and were for swimming pools,which are not raised structures. Decision #6462 granted more lot coverage relief because the applicants were now complying with FEMA. Finally, Decision #5522 requested lot coverage relief for 28.7% for a new garage where the existing coverage was already 23.9%. In that decision, the Board was not amenable to that lot coverage increase and thus the applicant agreed to remove the garage proposal and keep the already higher lot coverage of 23.9%. Although there were other decisions cited, the Board finds that ZBA#5522 is more in line with the subject application and thus believes that an approval of 24% lot coverage where the code permits a maximum of 20% is granting relief that is in line with neighboring properties. Additionally, the neighborhood is an older neighborhood consisting of single-family homes on small lots. Non- conformities are common in this neighborhood. The proposed one-story additions are located on the rear of the property and will not be visible from the street. Therefore, there will be no change in the character of the subject neighborhood in which excessive lot coverage is already common. 2. Town Law 267'-b 3 b , The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue,other than an area variance. The applicant could propose additions and alterations as a second story over an existing one-story section of the subject dwelling. However, the house was built in the 1800's and would not be able to structurally support a second-floor addition without extensive reconstruction. Like many dwellings in the neighborhood, the existing dwelling has a non-conforming front yard setback from Third Street as well as a non-conforming setback from the Eastern property line. Therefore, an addition in the rear of the house is the most reasonable and least non-conforming. 3. Town Law 267-b 3 b 3 . The alternative relief granted herein is mathematically substantial,representing 20% relief from the code. However,the alternative relief allows the applicant to construct additional first floor living space that will result in a lot coverage that is in keeping with other prior variances for excessive lot coverage in the neighborhood, while building an addition that has a code conforming setback from the front, side, and rear yard of the property and a conforming Gross Floor Area(GFA)and sky plane setback 4. Town Law & 67-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. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code and build on site parking so cars do not have to park on the street. The applicant proposes to install an Innovative Alternative sanitary system which will improve adverse impacts from the old sanitary system on the property. Page 3, August 15,2024 #7929, Apuzzo SCTM No. 1000-117-9-17 5. Town Law 267-1a 'b S . The difficulty has 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. Town Lairs §267-b. Grant of alternative relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a one-story frame addition while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF TH E 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 Dantes, seconded by Member Lehnert, and duly carried, to DENY as applied for and GRANT ALTERNATIVE RELIEF for 24% lot coverage. Before applyjag car a buildino permit, the applicant or agent must submit to the Board of Appeals for approval and filing, two sets of the final site plan, arch itecturaUengineered plans, and recalculation of lot coverage conforming to the alternative re lee 'gran herein. The ZBA will forward one set of approved, stamped drawings to the Building Department. Failure to follow this procedure may result in the delay or denial of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals SUBJECT TO THE FOLLOWING CONDITIONS: 1. The applicant shall install a new Suffolk County Department of Health Services approved(I/A) Innovative Advanced Septic System. 2. The applicant shall submit an amended site plan and architectural/engineered drawings consistent with the alternate relief granted of 24% lot coverage. This approval shall not be deemed effective until the required conditions have been met.At the discretion of the Board of Appealsfailure 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 for an alteration that does not increase the degree of nonconformity. IMPORTANT LIMITS ON THE APPROVALS GRANTED HEREIN Please Read Carefull 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 a 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 and/or survey cited above, such as alterations, extensions, demolitions, or demolitions exceeding the scope of the relief granted herein, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property Page 4, August 15,2024 97929, Apuzzo SCTM No. 1000-117-9-17 that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. TIME LIMITS 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 RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE CODE: REQUIRED TIME FRAME DESCRIBED 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) A A s Weism.. tperson nar Approved for filing / /2024 rI g 161 rA y4i rd L--L-- U1 LL dV, 1-61 f let; 09 ........... II .Ii <6a Ip— ok eG m FS CL T 0,001 ai �C'f o U)I Lj SE 1(21 O%G-N 1-7 lot STREET 203.20' 80.00' 1 wl ..,. ..,,......._ ...., ..,. AD,* p !STory 11�•• " Yi -frame, " howee O r C) el r . « Lot 2 AREA=T7260 S.F.to Z4.4' "r w h / sfary • '�" fraPr►: � h � � hIYJO " 9 fOr7ee 80.00* N.85-2e'OO I'W. t 0t.49' tr KAREN GANOOLf/ F:EvisloNs YOUNG & YOUNG AYP/�/993 400 OSTRANDER AVENUE, RIVERHEAD, NEW YORK ALDEN W.YOUNG ° HOWARD W.YOUNI PRO►COSIONAL[NOIN[CR AND LAND SURVCYCIR LAND•URVCYDR.N.Y.#.JIG NO.126451 N.Y.B.LIC.NO,40003 MANOR SU I'V'ISION FOR UNAUTHORIZED AL7ERAtION OR ADDITION TO ! « ' 1209 HIS SOF THE NEW YORKSITATE EDUCAIOq LlOSEPH �. McKAY & MICH U LAON OF SECTION W. to ►!, - COPIES OF THIS SURVEY MAP NOT DEARING F (Y THE LAND SURVEYOR"S INKCO SEAL OR . ° « F.IIS03SE0 SEAL SHALL NOY SE CONSIDERED �AY TO BE A VALID TRUE COPY, .' NI_w SUFFOLK ..._ I&A TE.E «-.. UGL Flr I"TLE I COX OF. GUARANTEES INDICATED HEREON SMALL RUN ONLY 10 THE PERSON FOR WHOM TOE 'CCTWN OF 50UTHOLD SURVEY IS PREPARED.AND ON HIS BEHALF 70 THE TI7LE COMPANY.GOVERNMENTAL' ": AGENCY AND LENDING INSTITUTION LISTED HEREON,AND TO THE ASSIONECS Of THE SUFFOLK CO.; N.Y. a "" �wrY IN TIT Y 7E OR SUSSEOUCNTT OWNE11% '+Y"I"A;I. `R 11'=20, DA°I"Ei Jw N.I.3B 1983 �� GeV