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HomeMy WebLinkAbout52952-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#: 52952 Date:05/06/2026 Permission is hereby granted to: Alexander Lindh 282 County Rd Cresskill,NJ 07626 To: Legalize converting an accessory building into an accessory apartment as applied for per SCHD and ZBA approvals. Premises Located at: 2175 Pine Neck Rd,Southold,NY 11971 SCTM#70.-5-48 Pursuant to application dated 11/06/2025 and approved by the Building Inspector. To expire on 05/05/2028. Contractors: Required Inspections: DRAINAGE,FOOTING/REBAR,FOUNDATION 1ST,FOUNDATION 2ND,FRAMING/STRAPPING,PLUMBING, ELECTRICAL-ROUGH,FIRE RESISTANT PENETRATION,ELECTRICAL-FINAL,INSULATION,FIRE SAFETY INSPECTION,FIRE RESISTANT CONSTRUCTION,FINAL, Fees: As Built Apartment in Accessory Building $1,045.00 CO-RESIDENTIAL $100.00 Total $1,145.00 �V P Building Inspector �r t TQN"QF SUUTHQLD-BUILDING DEPARTMENT Town Hall Annex 54375 Main Road P.0.Box 1179 Southold,NY 11971-0959 Telephone(631)765-1802 Fax(631)765-9502 f outholdtow ny_&ov Date Received APPLICATION FOR BUILDING PERMIT s� For Office Use-Only PERMIT NO. 5 Building Inspector: F Applications and forms must be filled out in their entirety.Incomplete applications will not be accepted.where the Applicant is-not the owner,and Owner's Authorization form{Page 2)shall be completed. Date: OWNER(S)OF PROPERTY: Name: kev �� SCTM#1000- 7v Project Address: ' �� �� wy IRV Phone#: SO- '77.4> 7*0kkk Email: �l i�� '.�- � �j�t •Gam Mailing Address: S CONTACT PERSON: Name: MSA Mailing Address: f t_1 Phone#: 715 , 7 � Email: DESIGN PROFESSIONAL INFORMATION: Af Name: tV �� -'' As Oto W Mailing Address: Phone#: Email: CONTRACTOR INFORMATION: Name: V/A....... Mailing Address: Phone#: Email: DESCRIPTION OF PROPOSED CONSTRUCTION ❑New Structure ❑Addition ❑Alteration ❑Repair ElDemolifion Estimated Cost of Projeck. , Sher O- S' iq Will the lot be re-graded? ❑Yes)(No Will excess fill be removed from premises? ❑Yes*o 1 ........... PROPERTYINFORMATION Existing use of property: _KC(165_7#^X 614/4UL Intended use of property: 0"(+Axif Zone or use district in which premises is-situated: Are there any covenants and restrictions with respect to 5 -4 k& thisproperty? ❑[]Yes)(No IF YES,PROVIDE-A COPY., Wt4NV%0 XCheck Box After Reading:The oww/convoctor/design professlo"Is responsible for*4 dntirtage and storm water bsiues as provided by Chapter 236 of the To Code.APPILICATION 5 HEREBY MADE to the Building 0apartment for the issuance of a Building Pam*pursuam to the MdMft Zone Ordinance of the Town of Southold,Suffolk,County,Now York and other applicable Laws,Ordinances or Regulations,for the construction of buildings, additions,alterations or for removal or demolition as herein desa1bedL The applicant agrees to comply with all applicable laws,ordinances,bufidlng code, housing code end regulations and to admit authorized Inspectors on promises and In building(s)for necessary Inspections.False statements made herein are L punishable as a Class A misdemeanor pursuant to Sectlkm 210.45 of the Now York State Penal law. Application Submitted By(print name): A leK R LJA CAuthorized Agent Owner I X. Signature of Applicant: Date: VD25 STATE OF NEW YORK) COUNTY OF being duly sworn,deposes and says that(s)he is the applicant Aft (Name of individual signing contract)above named, (S)he is the W�f r (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. Sao More me this Y of N ry lic WENY X STVM Noy ft"1-M Of No"k W()195070979 ow"in: PROPERTY OWNER AUTHORIZATION t ? BON (Where the applicant is not the owner) residing at —do hereby a utho' to apply on my behalf to the Town of Southold B i ng Department for approval as ribed herein. Owners_5�' ature Date Print Owner's Name 2 BOARD MEMBERS so Southold Town Hall Leslie Kanes Weisman,Chairperson ' 53095 Main Road-P.O.Box 1179 Patricia Acampora Southold,NY 11971-0959 Robert Lehnert,Jr. rce Location: Nicholas Planamento Town Annex/First Floor �� 54375 Main Road(at Youngs Avenue) Margaret Steinbugler �'� Southold,NY 11971 RECEIVED httpalsoutholdtownny.gov p:aj (5 io.Sq Akv ZONING BOARD OF APPEALS MAY 2 1 29275 TOWN OF SOUTHOLD Tel.(631)765-1809 Southold Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF MAY 15,2025 ZBA Application No.:8005SE Applicants/Owners: Alexander Lindh and Courtney Bancroft Property Location: 2175 Pine Neck Lane,Southold,NY SCTM No.1000-70-5-48 SEO DE ATION: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 requirements 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 DETERMINATION The special exception requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. ST M E BY APPLICANT: 'Be Applicant-Owner requests a Special Exception under Zoning Code Section 280-13(B)(13)to legalize an as---built Accessory Apartment in an existing accessory structure. PROPER FCC DESCRIPTION:The subject property is a non-conforming 17,126.36 square foot parcel in the R40 Residential Zoning District.The parallelogram-shaped propel runs 100 feet along Pine Neck Road,then 17836 feet north adjacent to the neighboring residential parcel to the east,then 100 along an east-west running private right-of-way to the north,then 175 feet south,adjacent to the neighboring residential parcel to thewest,back to Pine Neck Road. The parcel is improved with a two- story single-family dwelling,an in-ground swimming pool,a wood deck,a frame shed,and an accessory garage,as shown on a survey prepared by Michael J.Scalice,Scalice Land Surveying,dated November 6, 2020. ADDITION O 'ION: An- -built habitable conditioned sp e�w constructed in the subject accessory garage by a previous owner without the benefit of a building permit. The special exception requested is to legalize this space,to be rented to the owners'parents-in-law/parents. e applicant submitted a plot plan prepared by David Turner,Architect,P.C.,consisting of pages A- 100.00,Sewage&Leaching Plan,2175 Pine Neck Road,Southold,dated.June 4,2021;A-100.01,a signed and sealed version ofA-100.00 last updated March 25,2022;and A-101.00,Floor Plans 2175 Pine Neck Road,Southold,dated.June 4,2021,depicting a room labeled"Utilities"in the accessory structure. Page 2,May 15,2025 #8005SE,Alexander Lindh and Courtney Bancroft SCTM No.1000-70-5-48 The applicant submitted a floor plan of the accessory structure prepared by Anthony Portillo,Architect, dated January 29,2025 depicting a room labeled"Heater Room"and indicating the apartment has 726.5 square feet of livable floor area. The Southold Building Inspector determined the apartment livable floor area to be 795'square feet which includes the Heater Room,as noted in"Verification of Livable Floor Area"submitted to the ZBA, received April 7,2025. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on May 1,2025 at which time written and oral evidence were presented.Based upon all testimony,documentation,personal inspection of the property and the surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant. SPECIAL LXCEPTION FOR AN ACCESSORY AP In considering this application,the Board has reviewed the code requirements set forth Pursuant to Article 111,Section 280-13(BX 13)to establish an Accessory Apartment in an accessory structure and finds that the applicant complies with the requirements for the reasons noted below: 1.The Accessory Apartment unit is located in a single-story accessory structure with a non-conforming 795 square feet of livable floor area. 2.The Accessory Apartment complies with the definition of same in§280-4 of the code and complies with all code requirements as defined in Section 280-13(13)(13)of the Zoning Code except for the size of the apartment. Per the Building Inspector's"Verification of Livable Floor Area"dated as received by the ZBA April 7,2025.the total livable floor area of the Accessory Apartment is 795 square feet,which exceeds the permitted livable floor area by 45 square feet.The difference between the 726.5 square feet of livable floor area in the floor plan prepared by Anthony Portillo,Architect,dated January 29,2025,and the 795 square feet of livable floor area determined by the Building Inspector can be accounted for by the area of the room labeled"Heater Room"in the former and labeled"Utilitiesr in"Floor Plans 2175 Pine Neck Road,Southold,"prepared by David Turner,Architect,P.C.,dated June 4,2021. 3.The accessory structure does comply with the code requirement as defined in Section 280-13(BX13)(e) of the Zoning Code which states the accessory structure must have been certificated a minimum of three years prior to the establishment of the Accessory Apartment. On June 5,1996 is L.Dunne,the prior owner,was issued Certificate of Occupancy No.Z-24398 for the subject accessory garage pursuant to Building Perin it No.23379-Z for"alter an existing accessory garage to a non-habitable'studio and storage space to include a bathroom and attached heater room with an attached deck as applied foe'and on June 19,1996 was issued Certificate of Occupancy No.Z-24446 for the subject accessory garage pursuant to Building Permit No.7585-Z for"accessory garage as applied for."Consequently,the Board finds that the structure has been certificated for greater thart the minimum required three years prior to establishing it as an Accessory Apartment. 4. The applicant owns and resides at the property and will continue to occupy the single-family dwelling as a principal residence in conformance with the code requirements as set forth in Article 111,Section 280- 13(B)(13ii,1-4)as documented by a drivers license and an electric bill. Page 3,May 15,202 #8005SE,Alexander Lindh and Courtney Bancroft SCTM No.1000-70-548 5. The occupant of the Accessory Apartment will be either a family member or a resident who is currently on the Southold Town Affordable Housing Registry,and the occupancy shall not exceed the number of persons permitted, in conformance with the code requirements as set forth in Article 111,Section 280- 13(B)(13)(i,1-4). The applicant testified that the tenants of the Accessory Apartment will be the parents of his wife,Courtney Bancroft,as evidenced by a lease indicating Alexander Lindh as landlord and Scott Bancroft and Madeleine Bancroft as tenants,and a copy of a certificate of birth and baptism indicating Scott-Joseph Bancroft and Madeleine Mehiel as parents of Courtney-Faith. 6. The owners'plans comply with the on-site parking requirements of three spaces,two for the principal dwelling and one for the Accessory Apartment. A sketch on a survey prepared by Michael J.Scalise, Scalise Land Surveying,dated November 6,2020 indicates a total of five parking spaces are available.Site inspection also verified the availability of five spaces. 7.Only one Accessory Apartment will be on the subject property and no Bed and Breakfast facility,as authorized by Section 280-13B)(14)hereof,shalt be permitted in or on premises for which an Accessory Apartment is authorized or exists. 8.This as-built Accessory Apartment shall be subject to a building permit,inspection by the Building Inspector,and annual renewal of the Certificate of{.occupancy in accordance with Chapter 280-13(D). REASONS FOR BOARD ACTION DESCRIBED BELOW: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: 1.The Accessory Apartment,as applied for,is reasonable in relation to the district in which is located, adjacent use districts,and nearby adjacent residential uses. 2.This Accessory Apartment shall be in conjunction with the owner's residence in the primary dwelling, and as proposed will not prevent the orderly and reasonable use of districts and adjacent properties. 3.No evidence has been submitted to show that the safety,health,welfare,comfort,convenience,order of the Town would be adversely affected. 4.The special exception is authorized under the Zoning Code through the Zoning Board of Appeals as noted herein,and issuance of a Certificate of Occupancy from the Building Inspector is required by code before an Accessory Apartment may be occupied. 5.No adverse conditions were found after considering items listed under Sections 280-142 and 280-143 of the Zoning Code. SOLUTION OF THE BOARD:In considering the entire record and the applicable code requirements, motion was offered by Member Steinbugler seconded by Member Weisman (Chairperson), and duly carried,to GRANT the Special Exception Permit for an Accessory Apartment measuring 795 square feet, SUBJECT THE FOLLOWMG C ff IONS: 1. This Special Exception Permit requires an annual renewal by a Code Enforcement Officer. It is the applic is resnonsibility- to apply to the Building Department each year to renew the Accessory Apartment permit. Failure to do so may require a public hearing before the Zoning Board of Appeals to review potential action to revoke the Special Exception Permit granted herein. 2_ This Special Exception permit cannot be transferred to new owners. Page 4,May 15,20 5 #8045SE,Alexander Lindh and Courtney Bancroft SCTM No.1000-70-5-48 3. When the subject Accessory Apartment is not being occupied by the applicants" parents-in-law I parents,as applied for,the Accessory Apartment may not be rented to or occupied by anyone else. 4. The applicant shall submit a signed and sealed floor plan by a licensed professional of the Accessory Apartment,with a revised data table reconfiguring the size to measure a total of 795 square feet. 5. Per Town Code,the applicants may not rent their principal dwelling or apply for a permit to establish a bed-and-breakfast use as long as the Accessory Apartment approved herein exists. 6. That the above conditions be written into the Building Inspector's Certificate of Occupancy,when issued. Any deviationftom the survey,site plan or architectural drawings cited in this decision,may result in delays andlor apossible denial by the,wilding Department of a building permit,and may require a new application and public hearing before the Zoning Board of Appeals. In the event that this is a special permit,subject to cnndition,the approval shall not be deemed effective until such time that the foregoing conditions are met.andfailure to comply therewith will render this approval null and void. .Any violations of the conditions,occupancy or other requirements described herein,may require a public hearing before the Zoning Board of Appeals to review potential action to revoke the Special Exception Permit granted herein. Vote of the Board: Ayes:Members Weisman(Chairperson),Acampora,and Steinbugler.(3-0)(Member Lehnert absent,Member Planamento recused) AgLAyARIANCE FOR EXCEEDING TOTAL LIVABLE FLOOR AREA Regarding the required VARLANCE RELIUEF for exceeding maximum livable floor area by 45 square feet for an as-built Accessory Apartment(total livable area is 795 square feet)where the code pennits a maximum square feet of livable floor area of 750 square feet,the Board finds that: 1. Town lAw§267-!K3(b 1). The requested relief will not adversely affect the character of the neighborhood or be a detriment to nearby properties because the Accessory Apartment is only 45 square feet more than the maximum the code permits,which is attributable to the inclusion of an"as built"utility room,is not discernable from the interior or exterior of the structure,and has apparently contained this floor area since 1996. 2. n Law_267- 3 fh)gJ, The benefit sought by the applicant t mot be achieved by some method, feasible for the applicant to pursue,other than a variance because the Accessory Apartment in the converted garage currently exists"as built"The applicant does not propose any expansion of the existing apartment. 3.Town Law 67-bQJhJU3, The variance granted herein is not mathematically substantial, representing just 6%relief from the code. 4.Town Law§267-!31Jb J ). 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 To 's Storm Water Management Code. Page 5,May 15,2025 #8005SE,Alexander Lindh and Courtney Bancroft SCTM No.1000-70-5-48 5, Town Law§267-bQMM. 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,and the applicant purchased the property mowing the Accessory Apartment lacked a Certificate of Occupancy. 6.Iowa Law§267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a 795 square foot A _Accessory Ap ent in an accessory structure. RE.SOLUTION-OF THE 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 Steinbugler,seconded by Member Acampora,and duly carried,to GRANT the area variance for an Accessory Apartment in an accessory garage with 795 square feet of livable floor area,pursuant to Condition 4 of the Special Exception approval,as granted herein. Any deviation from the s e),site plan br architectziral drawings cited in this decision,may result in delays andlor apossible denial by the Building Department of a building permit,and may require a new application andpubfic hearing before the,caning Board cf Appeals. In the event that this is a special permit subject to conditions,the approval shall not be deemed effective until such time that the foregoing condition are met,and failure to comply therewith will render this approval null and void. Any violations of the conditions,occup=7 or other requirements described herein,may require a public hearing before the Zoning Board of Appeals to review potential action to revoke the Special Exception Permit granted herein. DWO_RTANT TME LI.MUS ON THIS � 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 Clem 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 IBM PROPERTY O.WNEWS RES_P.0NS1B11LMTO ENSURE C C THE CODE BTUV1E-��DES.CRIBFD IN,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 AP_ Vote of the Board: Ayes:Members Weisman(Chairperson),Acampora,and Steinbugler.(3-0)(Member Lehnert absent,Member Planamento recused) eslie Kanes Weisman,Chairperson Approved for filing�;—//7 /2025 LOAMY SAND (SM) 1-75.00' ... EL.7.0' -- 4.6` f �3DRi NG TEST HOLE MIXED SAND 1N I TH C-GRAVEL (SP) r &RA � VEL DRI..tE .0 NO GROUND VgATER ENCOUNTERED TO 17 FEET BELOY4 GRADE 1 EL.,�.0' l 50R I NO TEST HOLD 0 CO�C PAL? , 5HAkNN M BARRON M.S. 124 PLEASURE DRIVE RIVERHEAD, NY IIgOI 6 TAX MAP:1000 p �O 40 A-74' 0 i B- Q 1 t r i SECTION:-TO p j BLOCjC: S L.OT:48 t MIN 2pa o t a � FOOL. LOT SIZE: 17,126.36 SQ ET TOTAL BU I LD I NC5 LOT COVERAGE: 2175' � A-62' A-76 / ALL ADJACENT LOTS ARE DEVELOPED AI TH NO 1 USE OF YELL WATER EL.5.0' --® YNATER SUPPLIED BY MUNICIPALITY 1 LEOEND FL07 A SCALE 1" _ 20' HYDRO ACTION AN b00 FOLYLOK D 15TRIBUTION BOX 4 , 8' DIAMETER X 8'DEEP LEACHING PIT ift� , - s DAVID/TURNER ARCHIT CT, P.C. 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