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HomeMy WebLinkAbout51790-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 SPECIFICATION'S UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit#: 51790 Date: 03/31/2025 Permission is hereby granted to: Vincent M Pelly 120 Harbor Ln Massapequa Park, NY 11762 To: Construct an accessory garage with breezeway to an existing single-family dwelling as applied for per ZBA approval. Premises Located at: 3275 N Bayview Rd, Southold, NY 11971 SCTM#71.4-39 Pursuant to application dated 02/04/2025 and approved by the Building Inspector. To expire on 03/31/2027. Contractors: Required Inspections: Fees: ACCESSORY $441.00 CO Accessory $100.00 Total $541.00 L Building Inspector Tube 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 n . cV' � k �rw Date Received BUILDINGAPPLICATION FOR For Office Use Only PERMIT NO. Building Ir4 pector AppiiciItions and forms must be filled out in their entirety.Incomplete" applications will not be accepted: Where the Applicant is not the owner,ari; Owner's Authorization forin,.�Page 2),shall be completed. Date:01/20/2025 OWNER(S)OF PROPERTY: Name:Vincent Pelly SCTM#1000-71-1-39 Project Address:3275 North Bayview Road, Southold, NY 11971 Phone#:516-457-9599 Email:vincentpelly@gmail.com Mailing Address:3275 North Bayview Road, Southold, NY 11971 CONTACT PERSON: Name:AMP Architecture - Shania Gordon Mailing Address:10200 Main Rd Unit 3A, Mattituck, NY 11952 Phone#:631 603 9092 Email:sgordon@amparchitect.com DESIGN PROFESSIONAL INFORMATION:; Name:Mathew Smith Mailing Address:10200 Main Rd Unit 3A, Mattituck, NY 11952 Phone#:631 603 9092 Email:msmith@amparchitect.com CONTRACTOR INFORMATION: Name: Mailing Address: Phone#: Email: DESCRIPTION OF PROPOSED CONSTRUCTION ❑New Structure RAddition ❑Alteration ❑Repair ❑Demolition Estimated Cost of Project: ❑' Other Attached Garage,Breezeway, Will the lot be re-graded? ❑Yes *No Will excess fill be removed from premises? ❑Yes RNo 1 PROPERTY INFORmAnoN Existing use of property: Single Family Residence Intended use of property: Single Family Residence Zone or use district in which premises is situated: Are there any covenants and restrictions with respect to R-40 / NC this property? ❑Yes ©No IF YES,PROVIDE A COPY. ®Check Mw After Reading: The owner/mntractw/desip professlmell Is respondble for dAdmiraipww stone water in' as immided by chapter z36 of the Town Code.APPLICATION Is HEREBY MADE to the Buidim Deparonent for the lssudnoa of a Brdldbh6 Permit Prasumit to the Buudbhs Zone ordkiance of the Town of southold,shdfolk,county,New York and other applicable laws,ordbmwes or Re6uWbns,for the mhhatnhdlon of buid buns add IOM alterations or for renoval or demolition as herein described.The appiarht agrees to comply with on bpplkable laws,ordb ass,buildin6 code, housing code and regulations and to admk authorised inspectors on premises and In buildbhs(s)for necessary hApecdonL False statement;made herein are punishable we Bess A misdemeanor pursuwd to section Z10A5 of the New York state Penal law. Application Submitted By(print name):AMP Architecture - Shm►7% Go,clon ®Authorized Agent ❑Owner Signature of AApplicant. , Date: ?106k5 STATE OF NEW YORK) SS: COUNTY OFb AMP Architecture being duly sworn,deposes and says that(s)he is the applicant (Name of individual signing contract)above named, (S)he is the !Agent (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. , BARBARA H. TANDY Sworn before me this Notary Puiblio,State Of New York No. OITA Gi 001 Or eiii i Corn /5-.2Z,a-7 red In Suffolk day of D a5 Notary Excites @jttk"— Note public PROPERTY OWNER AUTHORIZATION (Where the applicant is not the owner) residing at 41 �j f// EU. A41� do hereby authorize to apply on my behall the Town utho ii 'Iding Department for approval as described herein. -- ' O - pZDoZS wn s Signature Date Print Owner's Name 2 BOARD MEMBERS S '� Southold Town Hall Leslie Kanes Weisman, Chairperson 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. , 54375 Main Road(at Youngs Avenue) Nicholas Planamento Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 July 31, 2024 Anthony Portillo AMP Architecture P.O.Box 152 Mattituck,NY 11952 RE: ZBA Appeal#7921, Pelly 3275 North Bayview Road, Southold SCTM No. 1000-71-1-39 Dear Mr. Portillo; Transmitted for your records are copies of the Board's July 25, 2024 Findings,Deliberations and Determination, the originals of which were filed with the Town Clerk regarding the above variance application. Prior to applying for your building permit, please submit two sets of an antended dated signed and stamped site plan. conforming to the alternative relief granted. Pursuant to Chapter 2830-146(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 noubeen filed with the Suffolk County Clerk,within three(?)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�' i WNEI'I 8 iZESPONSIBILITY TO ENSURE-0i,1i LIANCE 'WITII THE -ODE REQUIRIED 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 If you have any questions,please call the office. incen• ly;,. Kirn E.Fuentes Board Assistant Encl. cc: Building Department BOARD MEMBERS SO"iry Southold Town Hall 53095 Main Road • P.O. Box 1179 Leslie Kanes Weisman, Chairperson '�` � Southold,NY 11971-0959 Patricia Acampora office Location: Town Annex/First Floor, Eric Dantes d Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento Southold,NY 11971 RECEIVED http://southoldtownny.gov � #" 6 3'3aJw ZONING BOARD OF APPEALS JUG. 3 0 2024 TOWN OF SOUTHOLD �4w_ Tel. (631) 765-1809 Southold Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 25, 2024 ZBA FILE: #7921 NAME OF APPLICANT: Vincent Pe11y SCTM: 1000-71-1-39 PROPERTY LOCATION: 3275 North Bayview Road, Southold, NY -Spy DETERMINATI IN'. 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 SERA. SUFFOLK COUNTY ADMINISTRATI "E CODE. This application was referred as required under the Suff+ lk County Administrative Code Sections A 14-14 to 23,and the Suffolk County Department of Planning issued its reply dated March 18, 2024 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. L RP 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 FAC"IS/DESCRIP HQN: 'The subject, rectangular-shaped, 18,410 square feet, . acre, upland parcel located in the R411 Zoning District runs 135.46 feet along North Bay View Road, then runs 165.26 feet along a residentially developed lot to the east, then rusts 101.75 feet along two residentially developed lots to the north,them returns 152.59 feet along a residentially developed lot to the west„, buck to the roadway. The property is improved with a one-story, wood-frame house with an attached wood deck, .slate patio, gravel and paved walkways, and a gravel driveway as shown on the survey prepared by Howard W. Young, Licensed Land Surveyor, and dated June 14,2023. BASIS Q1w APPLICATION: Request for Variances from Article XXIII, Section 2 0-124„ and the Building Inspector's January 30, 2024 Notice of Disapproval based on an application for a permit to construct a breezeway and garage addition,deck alteration and on in-ground swimming pool with raised patio addition to an existing single family dwelling; 1) construction located less than the code required minimum rear yard setback of 35 feet; 2) more than the code permitted maximum lot coverage of20%; located at:.3275 North Bayview Road,Southold,NY,SCTM No. 1000-71-1-39. RELIEF REQUESTED:STED: The applicant requests two (2) variances for alterations and additions to a single-family residence, including, 1.a reduced rear yard setback of 19.5 feet where the Code requires a minimum rear yard setback of 35 feet and, 2. excessive lot coverage of 22.7% where the {,code limits lot coverage to 20%, in order to accommodate the construction of a breezeway and garage addition,deck alteration and the installation of an inground swimming pool with raised patio. 8 Page 2, July 25,2024 97921, Pelly SCTM No. 1000-71-1-39 A13D111ONAL INFORMATION: The applicant provided architectural plans, including a site plan, existing and proposed floor plans and elevations (with sky plane analysis) labeled ZBA-1 through ZBA-8, prepared by Anthony M. Portillo, Registered Architect and dated December 22, 2023. Improvements on the subject parcel are covered by the following Certificate of Occupancy: #Z-11693 dated June 17, 1983 covering the construction of a single-family residence. #Z-37489 dated April 1,2015 covering an `as built' finished basement with bathroom. #Z-42451 dated April 6, 2018 covering an `as built' deck addition. The applicant states that current lot coverage is 11,7%of the allowable 20% in the R40 Zoning District and proposes the addition of 11.1%to accommodate the breezeway, garage, pool, and raised pool terrace/deck. The applicant provided two prior Board decisions in support of their application, file #'s: 5816 & 6765, both for excessive lot coverage in the immediate area. Based on Board inspection of the site, it is recognized that the existing residence is set substantially back from the roadway, at a dangerous curve in the road, on a knoll with a rear-yard terrain that slopes down towards the Peconic Bay, allowing for a walk-out basement. During the public hearing the applicant was asked if the pool could be rotated to run parallel with the garage to remove one of the two variances requested, along with reducing the amount of raised decking/sitting terrace,around the pool. The applicant indicated''that it may be possible to rotate the pool and also,to install a partially at grade pool terrace, however,preferred the design as submitted. No prior Board relief is on file for the subject property. No member of the public or an immediate neighbor spoke in favor of or against this application. FINDING'S Off" f AC-E/' A' ONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on July 11,2024 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 267-6 3 b 1 The North Bay View Road neighborhood, by Southold "Yacht Club, consists of a variety of house styles and sizes on a.variety of lots of varying,size and terrain developed in the past fifty years,. Most homes in this area have conforming setbacks with a variety of accessory structures in compliant locations. While no prior ZBA relief for non-conforming rear yard setbacks was submitted to the Board„ examples of excessive lot coverage,over the allowable 20% in the R40 Zone have been established without negative impact. As a result of the terrain, passersby or those using North Bay View Road will have a difficult time to discern the actual lot coverage, especially since a pool does not create any visual impact. The existing,rear and side property lines are heavily screened by mature landscaping so a proposed pool in the rear yard will not be visible from adjacent properties and will be blocked from view of the street by the proposed garage.. 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 has stated during the public hearing that it may be possible for there to rotate the pool and deck/terrace and place it in a compliant rear yard location without the encroachment into the required 35 feet rear yard setback. Moreover,the applicant is seeking excessive lot coverage of an additional 2.7% over the allowable 20% lot coverage. In offering, altemative relief of a maximum of 22% lot Page 3, July 25,2024 97921, Pelly SCTM No. 1000-7 l-1-39 coverage the applicant will be able to establish the necessary decking/terrace to accommodate common pool-side activities, in addition to having a 2-car garage attached via,a breezeway. 3 Tosvara La v 267-b b 3 . The variances requested herein are mathematically substantial, representing 44.3% relief from the code fora reduced rear yard setback of 19.5 feet and 13.5% relief for 2.7% over the allowable 2 % lot coverage from the code. However, by rotating the swimming pool to be located parallel to the garage, one of the two variances requested can be removed, In reducing the requested lot coverage to a maximum of 22%, which is similar to prior lot coverage relief in the neighborhood, the applicant will be able to achieve their design goals with minimum to no adverse impact on the community 4 Town I,a wy 267-b 3 b 4 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. Town Lary 267-b b 1"he 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..TownLaw 2 ' -b, Grant of the requested relief relative to a reduced rear yard setback is NOT the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a raised terrace/deck surrounding an inground swimming peel. Grant of alternative relief", of 22% lot coverage is the minimum action necessary and. adequate to enable the applicant to enjoy the benefit of additions and alterations, including a breezeway, two-car garage, inground swimming pool and deck/terrace to a single family residence while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. SCL,yTI lip G'P A I1! O KQ. In considering all of the above factors and applying the balancing test under New York Town Law 267-13,motion was offered by Member Planamento,seconded by Member Dantes,and duly carried, to DENY the variance as applied relative to a reduced rear yard setback and DENY as applied for excessive lot coverage of 22.7% and GRANT ALTERNATIVE RELIEF for as maximum lot coverage of 22%. SUBJECT TO THE FOLLOWING CCNDITICN : P I. Pool pump equipment/mechanicals must be located a minimum of 20 feet from any property line or be contained in a shed type enclosure with a lot line set back that is in conformance with the bulk schedule For accessory structures 2. Drywell for pool de--watering shall be installed. 3 The applicant shall submit to the ZDA a site plan showing a conforming rear yard setback and the amended lot coverage of22%as approved herein. Be ore a l iffl lor a buildinL,Dermit, the applicant or agent must submit to the Board of Appeals for approval andling,two sets of the final site plan, architectural drazwings,and recalculation of lot coverage conforming to the alternative relief granted 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 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 issued Page 4,July 25,2024 #7921, Pelly SCTM No. 1000-71-1-39 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 OVIN THE APPROVAL S GRANTED H1+ Fl Please Read Carefull Any deviation from the survey,site plan andlor architectural drawings cited in this decision, or work exceeding the scope of the relief granted herein, will result in delays andlor a possible denial by the Building.Department of a building permit andlor 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 as alterations,extensions, demolitions, or demolitions exceeding the scope of the relief granted herein, are not authorized under this application when involving nonconformilies 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 ernes,setbacks and other features as are expressly addressed in this action. ( TIME L l�TS O THIS APPROVAL: PursuantChapter Cha ter 80-146 B) of Code of the Town of the Southoldy variance granted b p 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 written requestor to the date of expiration, gran prior t an extension not to exceed three(3)consecutive one (1) y FRS RESPONSIBILITY TO ENSURE COMPLIANCE MPLIAI�CCE W 1 year terms.IT 1S THE P'R�PI±,RTI' ' T11E C�1F I)Tali FRAM DESCRIBED 1TLRFlI.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) Leslie Kanes Weisman, Chairperson Approved for filing 7 9� /2024 PROJECT/ZONIN6� TA N SITE PLAN HATCH KEY: PROP. 4'H POOL 00-11-I-3� . .., z PROP.GARAGE S BREEZEWAY I � '/O, ENCLOSURE X MAP# z o w 3 •• FENCE R-40 /NO Z PROPOSED PATIO 6 STEPS �w ZONING DISTRICT o , / LOT AREA 0.4 ACRES w T'V UZJ V PROPOSED POOL GofO - DWELLIN6 S DECK o� _ �of � VARIANCE/O/ I m���� ' #'192 """�• 'LOT GOVERA6E , J O O 1 , �} + EXIST, oo�" " ..:_;. 50UTIiOI D ?Cx^W IiQDE ( 0 124 SEP - L.P. 10 _ DW a EXIST.��MIN. % LOT a GRAVEL /ALSL P DESCRIPTION(FOOTPRINT) AREA COVERAGE Z o w , f oa~ Ap�D o� A ), '4�H POOL' TOTAL LOT AREA a w a 15,410.0 S.F. ¢H O eZONIN ENCLOSURE ��O 0� ` EXISTING MAIN HOUSE 1,330.2 S.F. 7.2% z z<z FENCE '��� /\� wV✓ 52.2' \ �ZGZ SLq \ EXISTING HOOD DECK ?37.3 S.F. 4 0% o W=m TE .Z=z PROP. SELF PAVED, �-qo 2 / PROP, 3'XB' EXISTING FRONT PORCH 15.9 S.F. 0.4% i- 576.0 5,F. 5.1% a�3 0 9 CLOSING GATE ~ • pgTlO E 15T. ENCL0SURE PROPOSED GARAGE w z¢o o WOOD �' DEG9G' 111 (� Q �� W/ POOL PROPOSED BREEZEWAY 19.3 S.F, 0.4% 1.o ga GRAVEL 46.3' N cj 0 / EQUIP. PROPOSED PATIO 56b.9 S.F. 3.1% w o a o STEPS DOWN �✓ Q tJ ,- 540.0 S.F. 2.9% a / PROPOSED POOL m EXIST. _ PROPOSED POOL EQUIPMENT 24.0 S.F. 0.1% FRAME ���NG m � TOTAL AREA OF ALL STRUCTURES 3931.E S.F. 21.4% m !' r„ MAXIMUM LOT COVERAGE ALLOWED: 20% - 0 / * ZBA AMENDED LOT COVERAGE OF 22% APPROVED #192I IMPERVIOUS SURFACES< b" FROM GRADE 4 18.2' C7$ EXISTING PAVED WALKWAY 310.9 S.F. I.1% 0 PORCH Q 14,2' h , EXISTING SLATE WALKWAY 45.5 S.F. 02% m ti K TOTAL LOT COVERAGE INCLUDING 4266.0 S.F. 23.3% �w STRUCTURES<8 FROM GRADE X* � U PROP. OPEN r; lul z I r{E�uLATa,Or „ Q BRZWY. W/ A �� SELF CLOSING 4y� s Idg 011P',c Y from Z ��� 1C T I µ Ue.. y1 ��t � a _...._..,�......_ ,.M p, GATE � � '� � '"Y F�nat reviewed dcw I_:� � � �AIV, `.,^ �C- Z5A FII� EXIST PROPOSED COMPLIES Data. J � / MIN.FRONT YARD 35.0' 50.9' 50.9' YES �\S PROP. 4'H POOL MIN. SIDE YARD 10,0' I5.8' I0.5' YES . FR-OF. ENCLOSURE W/ SELF GLOSINO MIN. COMBINED 25.0' 56.4' 26.3' YES SIDE YARDS GATE /`/ O �• / MIN. REAR YARD 35.0' 39.0 55.01 YES r MOD. 50UTHOLD TOWN BODE`2b0-2ffF(AjfU rn 4� ORAVEL / LOT SIE/AREA�IN 0V W v 16,410.0 S.F. 8,410.0 S.F.. �-LOWABLE TOTAL > DRIVEWAY / EXCESS OF 10,000 F'�' &FA ?• Z r } /o 3 350 S.F. (b) LOTS CONTAINING UP TO J � m Z 1 S\` / 20,000 5,F. MAX. a toin W ALLOWABLE S.F. /PLUS W � 0 12.5%OF EXCESS LOT 2,100.0 S.F. 1,051.5 S.F. 3,151.3 S.F, 1,906.2 S.F. Z H SITE LAYOUT NOTES: / AREA OVER 10,000 5„F. ' a M =O 5 aww Ttl ..,. o I. THIS 15 AN ARCHITECTS SITE PLAN d IS y SUBJECT TO VERIFICATION BY A LICENSED / "p/ N SURVEYOR. THE INFORMATION Y REPRESENTED ON THI5 SITE PLAN IS TO THEa. ARCHITECT'S BEST OF KNOWLEDGE. / B - 6ARA6E - 632.P Ft. p a 633 5C1.Ft.X 0.I"1= 105 " ¢ 2_SURVEY INFORMATION WAS OBTAINED 0 O 105/42.2= 2b VERTICAL FT.OF b' DIA POOL REQUIRED a FROM A SURVEY DATED JUNE 14TH,2025 PROVIDE(I)b'm X 3'DEEP DRYWELL AND PREPARED BY: YOUNG ASSOCIATES A MINRM�SM OF tl0� SEPARATION tK � SEPTIC LS 4 400 OSTRANDER AVENUE 4$0 N RIVERHEAD,NY, 11901 p+ WAR SERVICE L � TELEPHONE: (631) 12 1-2303 EDGEO F ALL LE UNDA I NPgA5„SEVERBETWEEN DRYWELL � COMPONENTS AND THE � EDGE OF ALL FOUNDATION WALLS o ' A MINIMUM OF 5'SEPARATION 15 REQUIRED 5 b "'�" CONCRETE SLABS AND PROPERTY LINES PROPOSED SITE FLAN w c • CONNECT ALL&UTTER LEADERS TO NEAREST DRYWELL SCALE: I" = 20'-0"