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HomeMy WebLinkAbout52400-Z TOWN OF SOUTHOLD BUILDING DEPARTMENT 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#: 52400 Date: 10/27/2025 Permission is hereby granted to: Scott Boger PO BOX 1603 Southold, NY 11971 To: construct an accessory in-ground swimming pool as applied for per ZBA approval. Premises Located at: 130 Sunset Ln, Greenport, NY 11944 SCTM# 33.-4-69 Pursuant to application dated 10/27/2025 and approved by the Building Inspector. To expire on 10/27/2027. Contractors: Required Inspections: 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 - - Town Hall Annex 54375 Main Road P.O.Box 1179 Southold,NY 11S -- y Telephone(631)765-1802 Fax(631)765-9502 https://www.souttioldtownny.t,,uv, Date Received APPLICATION FOR BUILDING PERMIT „M i� For Office Use Only U 2, 2025) PERMIT NO. Building Inspector: Applications and forms must be filled out in their entirety.Incomplete ( i t applications will not be accepted. Where the Applicant is not the owner,an a; Rpl Owner's Authorization form(Page 2)shall be completed. Date: OWNER(S)OF PROPERTY: Name: <- ;- - Qo�C/Z SCTM#1000- Project Address: 130 �n.S�, L�J ti-r� C72 �,00Z1,i_"%/ ��`j-7/ Phone#: d 31- 1Email: Sc a s-r,�0c�Etc t/�rv�,Sr•L,�a,ri Mailing Address: ®O gow /&3 S"ovTs,/c //G'7( CONTACT PERSON: Name: Se'o7°r Mailing Address: Phone#: Email: DESIGN PROFESSIONAL INFORMATION: Name: Mailing Address: Phone#: Email: CONTRACTOR INFORMATION: Name: �oT-? R-0Pa mz- Mailing Address: Phone#: Email: DESCRIPTION OF PROPOSED CONSTRUCTION I" n Estimated ost of Project: Alt ratio ❑Re air ❑Demo Itio j ❑New tti�ct re ❑Addition ❑ e n S p Jther Will the lot be re-graded? Dyes o Will excess fill be removed from premises? )dyes ❑No 1 PROPERTY INFORMATION Existing use of property: es-A,, cz Intended use of property: Zone or use district in which premises is situated: Are there any covenants and restrictions with respect to this property? Dyes INo IF YES,PROVIDE A COPY. Check Box After Reading: The owner/contractor/deslgn professional Is responsible for all drainage and storm water Issues as provided by Chapter 236 of the Town Code. APPUCATION K 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 regub►tlons and to admit authorized inspectors on premises and In bullding(s)for necessary Inspectlons.,False statements made herein are punishable as a Class A misdemeanor pursuant to Section 210AS of the New York State Penal Law. Application Submitted By( Ltt na (]Authorized Agent ner Signature of Applicant: Date: STATE OF NEW YORK) - 55: COUNTY OF 1 being duly sworn,deposes and says that(s)he is the applicant (Name of individual signing contract)above named, (S)he is the (6ntractor,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 L20_ Note P li NANCY A SR OTKA NOTARY PUBLIC,STATE OF NEW Y R PROPERTY OWNER AUTHORIZATION Registration No. 01SZ644161' (Where the applicant is not the owner) Qualified in Suffolk County Conlrrision Expires Sept.26,20 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 w BOARD MEMBERS �+ ,�v so J� Southold Town Hall Leslie Kanes Weisman, Chairperson 53095 Main Road • P.O. Box 1179 Patricia Acampora Southold,NY 11971-0959 Robert Lehnert, Jr. Office Location: Nicholas Planamento Town Annex/First Floor Margaret Steinbugler � C 54375 Main Road(at Youngs Avenue) " - http://southoldtownny.gov Q*t- 0 CT � 2 2025 ZONING BOARD OF APPEALS zo25I TOWN OF SOUTHOLD it4_ °�.u'wa lu �� y ,r, �-'1rr��,�rt Tel. (631) 765-1809 1 FINDINGS, DELIBERATIONS AND DETERMINATOS MEETING OF OCTOBER 16, 2025 ZBA FILE: 48058 NAME OF APPLICANT: Scott and Gerarda Boger PROPERTY LOCATION: 130 Sunset Lane, Greenport, NY SCTM: 1000-33-4-69 SEQRA 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. SUFFOLK 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 DI I"ERMWATION: 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"FACTS/DESCRIPTION: The subject,non-conforming, 7,875 square feet, .18 acre,rectangular-shaped parcel in the R40 Zoning District measures 75.00 feet on Sunset Lane, then runs east 105.00 feet along a residence to the north, then runs south 75.00 feet along a residence to the east, then returns 105.00 feet west to the roadway, along a residence to the south. The parcel is developed with a two-story frame house with a front entry stoop, a rear entry stoop and a masonry patio, basement egress window well (southside of residence), a frame garage with a masonry patio, gravel driveway, air compressor on wood platform, and a proposed swimming pool and pool equipment (subject of this application) as shown on the survey prepared by Donald J. Metzger, Licensed Land Surveyor and last revised August 6, 2025. BASIS OF APPLICATION: Request for a Variance from Article XXIII, Section 280-124; Article XXXVI, Section 207; Article XXIII, Section 280-124 and the Building Inspector's August 10, 2025 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool; at: 1) more than the code penmitted maximum lot coverage of 20%; located at: 130 Sunset Lane, Greenport, NY. SCTM No. 1000-33-4-69. RELIEF REQUESTED: The applicant requests a variance for the installation of a fiberglass inground swimming pool measuring 10 feet by 20 feet with 4 feet depth, in a compliant rear-yard location, with a proposed lot coverage of 22% where the Code allows a maximum of 20% lot coverage in the R40 Zoning District. ADDITIONAL INFORMATION: According to the applicant's survey, the current lot coverage before the installation of the proposed inground swimming pool is 19.4%. The applicant provided a pool schematic with a cross-section of the proposed pool. Page 2, October 16,2025 #8058, Boger SCTM No. 1000-33-4-69 The subject parcel is the subject of prior Zoning Board of Appeals application, in files: #4428, dated December 5, 1996 denying a WAIVER OF LOT MERGER. #7805, dated August 21, 2023 granting a WAIVER OF LOT MERGER. The applicant has the following open building permits on the subject parcel: #50922, dated July 10, 2024 for the construction of a new residence per Suffolk County Health Department approval. #51530, dated January 1, 2025 for the construction of an accessory garage. The applicant states in their application for the requested relief that they will utilize an existing dry-well for pool dewatering and will meet Town Code requirements relative to the pool application. The public hearing was closed subject to the receipt of an example of prior Board relief granted in the immediate neighborhood for excessive lot coverage about the installation of an in-ground swimming pool. On October 6,2025, the Zoning Board of Appeals received a letter from the applicant's agent addressing this request and providing an example, File 11,5634, Pappas, where 22.4% lot coverage was granted for the installation of an inground swimming pool. No member of the public or an immediate neighbor spoke in favor of or against this application. "Il' IA?i t)F IAA Cud 1 S 1 1 AI ( minlL The Zoning Board of Appeals held a public hearing on this application on October 2, 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,Law 267-1a b I . Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The subject parcel is situated in a residential community of single- family residences, laid out in a grid pattern with similarly sized, non-conforming lots surrounding it. Swimming pools are customary accessory structures in this neighborhood and throughout the Town of Southold. The excessive lot coverage, as proposed, will not be recognizable to those using the public roadway or immediate and adjacent neighbors since the pool is non-dimensional (in-ground) and not visible from the public roadway. 2. "fawn Law 267-b(.3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue,other than an area variance. Any improvement to this site exceeding .06%or 47.2 square feet, will require some form of variance relief or another. 3. Town Law "267-La "b a The variance granted herein is mathematically substantial, representing 12%relief from the code. However, the proposed installation of an in-ground pool has less of a visual impact versus that of the construction of a visible, three-dimensional structure, since the pool is inground. furthermore, as the result of the initial construction of modest residence and an accessory structure, individuals will have difficulty distinguishing between the permitted and the granted relief. 4. Town Law `267-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. 5. Town Law 267-b(3)('b)( ). 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. Page 3, October 16,2025 #8058, Boger SCTM No. 1000-33-4-69 6* Town Law 26 irant of the requested relief is the mininiurr, action necessary and adequate to enable nable t] e applicant to enjoy the benefit of installation Oran inground switnining pool measuring 10 feet by 20 feet with a dcPth Of 4 feet while preserving and protecting the character of the neighborhood and the health,safety and Welfare of the con,miunity, _RK_M,L[I QN QELf I j_L�(!A&Q: In considering all of the above factors and applying the balancing test under New York'Fown I..,aw 267-B,motion was offered by Member Planarnento,seconded by Member Lehnert,and duly carried, to GRANT the variance as applied for,and shown on survey prepared by Donald J. Metzger, Licensed Land Surveyor and last revised August 6, 2025. SUBJECTTOTHE FOLLOWING CONDITIONS: 1. 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. 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 mqv render this decision null and void That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Tice Board reserves the riOhl to substitute a similar -11 that is de nriniods in rratrere or an alteration not increa.ve the d':1! urovided de mininds relic(is eS oneear o the elute 0 IMPORTANTUMITS ON TT- E APPROVAL IS) GRANTEI) Please Read Carefully Any deviation froln the survey, site plan and/or architectural drawings cited in th4v decivion or work exceeding the scope(if the refie granted herein' will result in delay.v and/or a possible denial by the Building Department of a building permit and/or the issuance of a Stop Work Order, and na hearing before the Zoning Board of Appeals y require a new application and public Any deviation from the varia)ice(s)gr(iiited herein asshown on the arcliit(,,cturaielraiviizgcy,,vile plaii andlorsnrvey cited above,such as alterations, evensions, demolitie)ns, or demolitions exceeding the scope of the relief granted herein, are not authorized under this application when involving nonconforinities under the zoning code. This action does not authorize or condone any current or future use, setback or other ature of the subject property that may violate the Zoning Code, other than such uses,setbacks and other features`as are expressly addressed in this action. TI Chapter 280-146(B)of the Code of the Town of So l;raiw8 shall becorne null and void where a Certificate of 0 C1 n map has not been filed with the Suffolk County. wr Ce was, granted. The Board of Appeals may, upon! I............. ­11 extension not to exceed three(3) consecutive one(1) year terms. IT IS THE, PROPERTY OWNER'S RF SPONSIBII ITYTO ENS /ITII m Page 4,October 16,2025 #8058, Boger SCTM No. 1000-33-4-69 rllE 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 Planamento(Vice Chair),Acampora,Lehnert and Steinbugler.(4-0)(Member Weisman absent) , Tit ch las J. Planamento,Vice Chairperson Ada vcd for filing K /4t-7- /2025 p SUFFOLK COUNTY, N. :Y: c, r 1000-33-04 -0 0202,5 SCALE.- 1 = 20 FEBRUARY 20, 2024 „ AUGUST 26, 202 (Fnd(7tlon LOC.) JUNE 23, 2025 (Final, As—Built S, r ey) p JUIL Y 21 2025 (Final, As—Build Survey Revision)) AUGUST 6, 2025 (Proposed pool) E.COR. 0.3'N. Z Owners Names: DRY, � MENT FE COR.LL FOR STORM �_ Scott Boger P (HOUSE ARA E) 0.SE. Gerarda Boger 500 �4/ 300 GC \ FE.COR. rc, � LOA. 0.5 N. t� END FE v p,+E 05,N. f N1 PROPOSED CODE COMPLIANT , �1 PMASONRY ASON Y POOL FENCE FE.COR. ��1� , " (At �rode� KEY 0.3 N. r110. r" 00. REBAR ® = WELL P A = STAKE C.L.EL. " . ��/ 2 STORY 22.0 E �,/ FRAME HOUSE �- FENCE = TEST HOLE �. 0.7'E. � � N/ "C�„ (F1N.FLR.EL.=24.9) MASONRY STOOP • = PIPE POOL LP NrNDM1! pd (,XiP Pod) 0 = MONUMENT C, c wEtL �.6 = WETLAND FLAG N r` " wooD PLA 0 UTILITY POLE CENS sL0WR ENE = HYDRANT s �0 ,SRO P Bl Oder 4"'Py fFr'Wa f,� ELECT ` al rrrvs ...-4 �" gvA File , 05 FxrsrllYG LOT COVERAGE Mom off " _ PANEL y ° PROPERTY AREA 7,875 Sq. Ft. HOUSE 1236 Sq. Ft. 21.6 L. C ► ;'4.PA.GE 294 Sq. Ft. LOT COVERAGE 1,530 Sq. Ft.