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
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