HomeMy WebLinkAbout51912-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#: 51912 Date: 05/12/2025
Permission is hereby granted to:
Branko Jozic
12960 Main Rd
East Marion, NY 11939
To:
Legalize "as built"additionsto an existing single-family dwelling as applied forto include rear and side
decks and a two-story addition as per ZBA and Trustees approvals.Additional certification may be
required.
Premises Located at:
12960 Route 25, East Marion, NY 11939
SCTM#31.-14-10
Pursuant to application dated 03/26/2025 and approved by the Building Inspector.
To expire on 05/12/2027.
Contractors:
Required Inspections:
Fees:
As Built Addition/Alteration $1,231.00
CO Single Family Dwelling-Addition /Alteration $100.00
Flood Permit $150.00
Total $1,481.00
:1A a
Building Inspector
�n
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) 765-95021 tt� : dww v outhol� �Wnnv ¢o_v
APPLICATION FOR BUILDING PERMIT
Ef E VE
For Office Use Only
5 I � i
PERMIT NO. Building Inspector: L
• - BuIldIng Department
Applications and forms must be filled out in their entirety. Incomplete Town of Southold
applications will not be accepted.'Where the Applicant is not the owner,an TO-
-
owner's Authorization form(Page 2)shall be completed.
Date:
OWNER(S)OF PROPERTY:
Name: 130el9AX0 O Z- 1'6-- SCTM# 1000-
Project Address: jo� 0 � �
Phone#: A 1 9 Email: RI
Mailing Address:
CONTACT PERSON:
Name: Z �
. 1,1&0
Mailing Address: v-e—
Phone#: ve— Email: e—
DESIGN PROFESSIONAL INFORMATION:
Name:
Mailing Address:
Phone#: =mail
CONTRACTOR INFORMATION:
Name:
_
Mailing Address: µ �-
Phone#: L3 �� Email:
DESCRIPTION OF PROPOSED CONSTRUCTION
El New Structure Addition do a emolition Estimated Cost of Project:
❑Other °
Will the lot be re-graded? ❑Yes 4 Will excess fill be removed from premises? Dyes 110
1
PROPERTY INFORMATION
Existing use of property: Intended use of property:
Zone or use district in which premises is situated Are there any covenants a94 restricts ns with respect to
this property? ❑Yes*o IF YES, PROVIDE A COPY.
❑ 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 210.4S of the New York State Penal Law.
Application Submitted By(print name): � Jo? (of-- ❑Authorized Agent 0owner
Signature of Applicant: Date:
CONNIE D.BUNCH
STATE OF NEW YORK) Notary Public,State of New York
SS: No.01 BU6185050
Qualified in Suffolk County
COUNTY OF
Cornmlolon Expires April 14,2 Oa
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
day of — 6A 20a
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
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BOARD OF SOUTHOLD TOWN TRUSTEES
SOUTHOLD,NEW YORK
� ! PERMIT NO. 10766
DATE: DECEMBER 18t.2024
ISSUED TO: BRANKO JOZIC
PROPERTY ADDRESS: '12960 ROUTE 25, EAST MARION
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MAY 7 2025
SCTM# 1000-31-14-10
AUTHORIZATION °u': �`
Pursuant to the provisions of Chapter 275 of the Town Code of the.Town of South
accordance with the Resolution of the Board of Trustees adopted p at the nneetin held or,March rc and in
l c (125,and in
consideration of application fie in the sum of$2,10oo paid by Bran o J ;q�and subject to the Tenns,and
Conditions as stated in the Resolution,the Southold.Town'Board of Trusters authorizes and permits the
following: }
Wetland Permit the existing two-story dwelling (207.3sq.ft. footprint), and for the as-
built 10'x20' west side one-story addition; construct a 101x20' second story onto as-
built addition and a 4'x10' deck off addition; and to repair the existing 11 V2' x 19'
seaward
deck with steps; with the condition to install drywells; establish and
perpetuallymaintain a 10' non-turf buffer along bulkhea 9 all as depicted on the site �
plan prepared by Anthony Cucich Architect, received on May 5, 2025, and stamped
approved on May 6,2025.
V
IN WITNESS WHEREOF,the said Hoard of Trustees hereby causes its Corporate Seal to be affixed,
and these presents to be subscribed by a majority of the said Board as of the d?.y and year written above.
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BOARD MEMBERS * OF $ar,,yQ Southold Town Hall
Leslie Kanes Weisman, Chairperson° ,c, 53095 Main Road• P.O. Box 1179
Patricia � � Southold,NY 11971-0959
atricia Acampora
Office Location:
Robert Lehnert, Jr. � ;.,
Town Annex/First Floor
Nicholas Planamento 54375 Main Road(at Youngs Avenue)
Margaret Steinbugler CQU011' Southold,NY 11971
RECEIVED
Ehttp://southoldtownny.gov 6 If:L4 AM
Z01`dINC BOARD OF APPEAL
S
MAR 2 5 2025
MAR 2 6 2025TOWN OF SOUTHOLD
Tel. (631) 765-1809
Buiiding r)ep r m nt aid Town Clerk
Town of SOUL old
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF MARCH 20, 2025
ZBA FILE: #7996
NAME OF APPLICANT: Branko Jozic
PROPERTY LOCATION: 12960 Main Road, East Marion, NY SCTM No. 1000-31-14-10
S:.EORA 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.
SI FOL1 C(JLGI�y I" A1MINIS"I'RAfI' E 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 January 2, 2025 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 DErER.MINATION: This application was referred for review Mader Chapter 268, Waterl`ront Consistency
review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy
Standards. The LWRP Coordinator issued a recommendation. dated February 14, 2025. 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 INCONSISTENT with LWRP policy standards and therefore is
INCONSISTENT with the LWRP.
Policy 1. Foster a pattern o 'd velopment in the Town of Southold that enhances community character,
preserves open space, makes efficient apse of infrastructure, makes beneficial use rrf cr coastal location, and
minimizes adverse effects of development.
The as-built structure was constructed without obtaining the required permits. As-built development that does
not reinforce the traditional land use pattern of the Town of Southold does not support this policy.
Further, the entire parcel is located'within a FEMA flood zone 1% Annual Chance Flood Hazard. Structure
in this area should be avoided, relocated, or minimized due to repetitive loss from storm damage, including
hurricanes.
The Board's determination to Grant variances for "as-built" structures mitigates inconsistencies with the
LWRP, and therefore the Board now deems the action to be CONSISTENT.
PROPERTY FACTS/DESCRIPTION., The subject property is a 9,870 sq. ft. non-conforming parcel in an R-40
Zoning District. The property has a read frontage along Main Road of 36.06 feet, then turns southeast for 196.53
Page 2, March 20,2025
47996, Branko Jozic
SCTM No. 1000-31-14-10
feet to Gardiners Bay. It has a bay frontage of 63,94 feet before returning 205.85 feet back to Main Road. The
property is improved with an existing two story residence with an attached covered porch, a balcony, and decks, as
well a legal accessory shed in the front yard, all as shown on survey prepared by,. Donald J. Metzger, LS., dated
August 20, 2024.
BASIS OF APPLIQA'E1 ON: Request for Variances from Article XXIII, Section 280-124 and the�4as-built"Building
Inspector's November 6, 2024, Notice of Disapproval based on an application for a permit to legalize
additions and alterations (inclusive of an "as-built" rear deck addition) to an existing single family dwelling; at 1)
less than the code required minimum side yard setback of 10 feet; 2) less than the code required minimum combined
side yard setback of 25 feet; located at: 12960 Main Road, East Marion, (Adj. to Gardiners Bay) East Marion, NY.
SCTM No. 1000-31-14-10.
RELII, E$�' ,D: The applicant requests variances to legalize "as-built" additions and alterations for the
following:
1. There is a side yard setback of 4.7 feet where a minimum of 10 feet is required.
2. There is a combined side yard setback of 14.2 feet where a minimum of 25 feet is required.
ON: The current variance requests are based upon a stop work order dated July 3 1,
ADD IN,___F0RMA,,_1,__rU
s per ZBA Appeal #519 dated October 11, 1962. The
2024. The existing property was created by subdivision a
current residence exists with a Certificate of Occupancy 9 Z7902 dated September 21, 197T The second floor of the
residence exists with a Certificate of Occupancy f4 Z13034 dated November 30, 1984. Tl1e current accessory shed
located in the front yard has a Certificate of Occupancy#Z14658 dated July 17, 1986,and ZBA Appeal #3423 dated
October 28, 1985.
The applicant testified at the public hearing that the second-floor proposed addition would sit atop the footprint of
the existing one-story section of the house on the west side of the property. The side yard setback variance stems
from an "as-built" deck on the east side of the residence. The combined side yard setback variance sterns from the
proposed second floor addition on the west side of the residence.
FLNIMMiS QE
The Zoning Board of Appeals held a public hearing on this application on March 6,2025 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 .yaw *267-b(3)(b)tO. Grant of the variances will not produce an undesirable change in the character of
the neighborhood or a detriment to nearby properties. The parcels on this section of Rt 25 fronting on Gardiners Bay
are primarily narrow and deep and are developed with residential structures, many with non-conforming setbacks.
The as-built deck on the east side (seaward side) of the property extends the existing non-conforming side yard
setback of the subject dwelling. The proposed second floor addition on the west side does not extend past the current
footprint of the first floor. Since these as-built,and proposed additions do not extend past the current legally existing
setbacks of the residence, there will be no undesirable change to the character of the neighborhood.
2. Town Law 267-b UM
,'3 b The benefit sought by the applicant cannot be achieved by some method, feasible
11 —1
for the applicant to pursue, other than an area variance. Due to the long and narrow shape of the subject property,
the existing dwelling has non-conforming side yard setbacks. Therefore, any additions or alterations, even if they
maintain the current setbacks, cannot be achieved without area variance relief.
Page 3, March 20,2025
#7996, Branko Jozic
SCTM No. 1000-3 1-14-10
3. The variances granted herein are mathematically substantial:
1. The side yard setback variance of 4.7 feet represents a 53%relief from the code.
2. The combined side yard setback variance of 14.2 feet represents a 44%relief from the code.
However, both variances,while significant,are only all extension of current legally existing setbacks on this non-
conforming property and they do not increase the existing lot coverage.
4. Town Law '267�b 3 b) - 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 the conditions of this
Board.
5. Town La 26,7-b 3 blfrAl 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 Linder the Zoning Code in effect prior to or at the time of purchase.
6. Town Law '267-b. Grant of tile requested relief is the minimum action necessary and adequate to enable the
applicant to enjoy the benefit of legalizing as-built additions,, and proposed second floor additions while preserving
and protecting the character of the neighborhood and the health, safety and welfare of the community,
KF '(&[,UTN UIE...BOARD: In considering all of the above factors and applying the balancing test under New
_I9_-Q-EL
York Town I. 267-B,motion was offered by Member t.,ehnert,seconded by Member Steiribugler,and duly carried,
to
GRANT the variances as applied for, and shown on the Site Plan, and Architectural Plans (Sheets A-001 thru A-
005)prepared by Anthony Cucich, Architect, dated September 5, 2024.
sz11H.1FCTJT)THE FOLLOWlNG CO XT"n,11111"Nrc-
1. The applicant must apply to the, Building Department for a building permit or the "as built"
improvement(s)within 90 days of the date of this decision and submit same to the Office ofthe Zoning
Board of Appeals,or submit a written request for an extension,to the Board of Appeals setting forth the
reason(s) why the applicant was Unable to obtain a building permit in the tirric allotted.
2. The applicant must,obtain a Certificate of Occupancy from the Building Department for the"as built"
improvement(s)and submit same to the Office of tile Zoning Board of Appeals within 12 months of this
decision or submit a written request for an extension to the Board of Appeals setting forth the reason(s)
why the applicant was unable to obtain a Certificate of occupancy in the time allotted.
3. The "as built" irnprovenient(s) may not be used until a Certificate of Occupancy has been obtained.
4. The existing as-built deck on the east side of tile building shall remain open to the sky, and shall remain
unconditioned, non-habitable space.
This approval shall not be deemed ejftclive until the required conditions have been met.At the discretion of the
Board of Appeals,jailure 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.
r
The Board reserves the r srht to substitute similar des -n that is tit,mininfi e v in no or an alteration that,does
11 f
tionconfortnitv, provided de minimis retie 11 1 10J, 0 the date o crested within one
!r one ear the Board ma r", 0, wire new a
Page 4, March 20,2025
#7996, Branko Jozic
SCTM No. 1000-31-14-10
IMPORTANT LIMITS ON THE ATPROVAL(N,CRANT�EDHF�XEIN,
Please Read C larefulli
Any devjalionfront 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 ley the Building Department
of'a building permit andlor the issuance of a Stop Work Order, and may require a new application and public
hearing befire the Zoning Board of Appeals.
Aur y deviation from the variance(s)granted herein ashown on the architectural drawings,siteplan 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 properf)�
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(�) 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 out(1)
year terms.IT IS THE P'RO WRTV OWNER'S RFSPONSIBILITYTO ENSURE COMPLIANCE WITH
THE CODE REQUIRED TINIF' FRAME DESCRIBED IIFREIN. 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), Planamento,Acampora, Lehnert, and Steinbugler. (5-0)
-son
estic Kates eisman Ch&r eirs
Approved for filing ;,3- / .2-//2025
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