HomeMy WebLinkAbout53192-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#: 53192 Date: 08/10/2026
Permission is hereby granted to:
Bruce Kim
300 Birch Rd
Southold, NY 11971
To:
Convert detached garage to accessory apartment as applied for,with ZBA#7860SE and SCHD
approvals.
Premises Located at:
300 Birch Rd, Southold, NY 11971
SCTM# 54.-9-18.1
Pursuant to application dated 07/24/2026 and approved by the Building Inspector.
To expire on 08/09/2028.
Contractors:
Required Inspections:
Fees:
Accessory Apartment in Accessory $635.00
CO Accessory Structure $100.00
Total $7735_00
Building Inspector
0 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 htWs://www.sotitholdtonMpy.gov
Date Received
APPLICATIQIY FOR BUI T
toy844 e
PERMIT NO. Building Inspector~ 0
23
Applications and forms must be filled out in their entirety.Incomplete
applications will not lye accepted. Where the Applicant is not the owner,an
Owner's Authorization form(Page 2)shall be completed.
Date:November 29, 2023
OWNERS OF PROPERTY:
Name:Bruce Kim SCTM# 1000-54-09-18.1
Project Address:300 Birch Road, Southold NY 11971
Phone#:347-549-2833 Email:bruceykimCCgmail.com
Mailing Address:300 Birch Road, Southold NY 11971
CONTACT PERSON:
Name:Megan Carrick
Mailing Address:PO BOX 877, Jamesport NY 11947
Phone#:631-804-3796 Email:megan.cmtarchitecture@gmail.com
DESIGN PROFESSIONAL INFORMATION:
Name:Charles Thomas
Mailing Address:PO BOX 877, Jamesport NY 11947
Phone#:516-702-3519 Email:cdthomas63@aol.com
CONTRACTOR INFORMATION:
Name:TBD
Mailing Address:
11 Phone M Email:
DESCRIPTION OF PROPOSED CONSTRUCTION
❑New Structure RAddition ❑Alteration ❑Repair ❑Demolition Estimated Cost of Project:
El Other Addition of a 6-0"x6-0"roofed over entry way $TBD
Will the lot be re-graded? ❑Yes B No Will excess fill be removed from premises? Dyes 8 No
1
PROPERTY INFORMATION
Existing use of property:Single Family w Accessory Garage Intended use of property:Single family w Accessory Apartment
Zone or use district in which premises is situated: Are there any covenants and restrictions with respect to
this property? ❑Yes B No 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 Zane
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 210AS of the New York State Penal Law.
Application Submitted By(print name):Megan Carrick WAuthorized Agent ❑Owner
Signature of Applicant: � -�' ~-' Date: 11/29/23
STATE OF NEW YORK)
COUNTY OF', /t )
being duly sworn,deposes and says that(s)he is the applicant
(Name of ndividual signing contract) above named,
(S)he is the
dr (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
dayof Yrf f 1-& ,202�
Notary Public
TRACEY L. DWYER
NOTARY PUBLIC,STATE OF NEW YORK
NO.01 OW6306900
PROPERTY OWNER AUTHORIZATION QUALIFIED IN SUFFOLK COUNTY
(Where the applicant is not the owner) COMMISSION EXPIRES JUNE 30,2Q
I, �►'�t c P i iM residing at
do hereby authorize G el C . CAIAd(S /�') .711uA to apply on
Ate;4ee If%a j tijm, o'
my behalf to the Town of Southold Building Department for approval as described herein.
ZrJ73 . I+ i . z
O ner's Signature Date
rItC e k,- i"'\
Print Owner's Name
2
E C E E
291 ;U
VACANT DWELLING WESLAND DWELLING
PUBLIC WATER s PUBLIC WATER_ ROADPUBLIC WATER
Building I)eprtment
2%'TO ft-L, F(4)ROWS 26' own oj,} }Rg ld
w ON SCTM- EST# FILTRAiGt2�.� -
1aoG-5s-3-7 TEST Iz BIRCH ROAD McDONAId GEdSERVfGES
d TEST t OCT, 24, 2023
J 3 I 1 ELEV 39.0
F N 42'10 20" 13' � i.lP--. 383.83' _- t,P
'�` � � 05°DARK BROWN LOAM(0L)
j 15.8'PALE BROWN SILTY
°[ SOIL s -� SAND ISM)
( EV.39.6 PAT[0 PROPOSED. '
- WATER i 6.0'BROWN CLAYEY SAND(SC)
SERVICE I
CONVERT GARAGE / BRICK I
I GUEST COTTAGE _ `'0` PAL 3 q i� VENT tNL?OUGt1 � �q PATIO Q, 57,4' €
(1 BEDROOM) COTTAGE � � \ 24.0'WATER IN BROWN
3 TOTAL: 750 SF lump - c�'•" CLAYEY SAND SC
1 N ( f PROPOSED � ( 0 z ( )
a w 6 F.F.41.15 __ f '' IRRIGATION w� M ON SCAB � - ; C,. �. � W ��
zeo'TO WELL ' �1 1 f 71,547 SF 1
ON SCTM ONLY LOT AREA
BRICK
xs17Ru ox- -.
` SANITARY NO DRAINS ON } I 11-0'WATER IN BROWN FINE
11000-59-3 ] - i W r WELL TO COARSE SAND SW
I HYDRO ACTION AN4 t OPEN F PORCH SUBJECT PROPERLY ( }
TREATMENT UNIT' p� I/A aEC-
PANEL ECNTRANCE _ I TEST HOLE DATA
- S 42*10' 20" E — — _---. a 200.00' 1 I N.T.S.
q EXIST. 1 STORY # j
WATER SINGLE FAMILY DWELLING II
O SERVICE (2 BEDROOMS} M
ELLCTRX TOTAL: 1,800 SF DWELLING
- SERVICE F.F.41.15 PUBLIC WATER
W/BASEMENT I 4sa € 1. 11ew11h— SUFfDLK COUN
—1nTY DEPARTMENT OF HEALTH SERVICES
1 - PART OF MINOR SUBDIVISION C.II(631)652•5754,48h - PERMIT FOR APPROVAL OF CONSTRUCTION FORA
I [ .dw.—,to.W,4.Lmpstllonp}. SINQE FAMILY(RESIDENCE AND
I ESI LOT 2 1Bedwm A-ry=aQ.
SITUATE
w I W SOUTHOLD t 01T:' ATE 1t HS R- No., R2XI841
TOWN OF SOUTHOLD A% 1 �# �� 4a
- - SUFFOLK COUNTY, NEW YORK EXPIRES THREE YEARS FROM DATE OFAPPROVAL
I Ip IQ SCTM#. 1000-54-9-18.001
I v Zmmk 1 P E On R A.CERTIFicAnov, v a nee !
b
1 OF
vY T:A=A u A:_USE FcRm VOYTAq-073, SEE AaAcKMENT(51
S 42'10'20" E 193.22' BUTTOCK COUNTY DEPARTMENT OF HEALTH SERVICES
�'—Ieo'To WELL
MAPLE ROAD ON SCTM I pF EN,
1000-549-9 �- DANIELI R. FALASCO, P.E., P.C,.
[[[ _ _ CONSULTING ENGINEER
VACANT DWELLING DWELLING
PUBLIC WATER WELL WATER PUBLIC WATER . 94 STEUBEN BLVD., NESCONSET, NY 11767
z``-t (516) 317-7209
SCALE DRAWING NO.
55,Q��� DATE 12-16-23
REV 02-14-24 1"=40'
MAILING ADDRESS:
OFFICE LOCATION: *®� SO P.O. Box 1179
Town Hall Annex
54375 State Road Route 25
a Southold, NY 11971
(cor. Main Rd. &Youngs Ave.) h
Southold, NY Telephone: 631 765-1809
Sri http://southoldtow-nny.gov
J RECEIVED
OU
�a N 2 4 2024 ZONING BOARD OF APPEALS � TO
Town of Southold
FINDINGS, DELIBERATIONS AND DETERMINATIC
. MEETING OF JANUARY 18, 2024
ZBA Application No.: 7860SE
Applicants/Owners: Bruce Kim
Property Location: 300 Birch Road, Southold, NY SCTM#1000-54-9-18.1
SERA C TC I �ICNA! IQN: The Zoning Board of Appeals has visited the property under consideration
in this application and determines that this review falls kinder the Type II category of the State's List of
Actions,without further- requirements under SERA.
L;1KRP I ETERMINA�'I"`IC 'C�1: 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.
RF I E-,S T'MAD1 B AI'PI.IQ- N1T: The Applicant-owner requests a Special Exception under Zoning
Code Section 280-13(B)(13)to establish an Accessory Apartment in an existing accessory structure. An
existing structure 30.1 feet by26.3 feet garage will be converted to an accessory apartment to
accommodate the applicant's sister.
IjROP1 R"I`s" FA( I"/C ,I SCiP1'ION• The subject property is a conforming 71,546 square foot parcel
located on the Residential R-40 Zoning District. The northerly property line measures 119.09 feet and
adjacent to Pine Road, the easterly property line measures 193.22 feet and is adjacent to Maple Road, the
southerly property line measures in total 250.30 feet and is adjacent to Chestnut Road, and the westerly
property line measures 383.63 feet and is adjacent to Birch Road. The parcel is improved with a one-
story frame dwelling, with an inground swimming pool with a brick patio located north of the residence.
A one-story frame two car garage is located south of the residence as shown on the survey map prepared
by Nathan Taft Corwin, III, LS and dated July 19, 2023, and the Site Plan drawings prepared by Charles
M. Thomas, Architect and dated August 23, 2023.
ADDITIONAL.. INFCJR.C�IA"I`It1' : At the public hearing the applicant testified that he sold his principal
dwelling on Shelter Island and that the subject dwelling will be his principal dwelling upon completion of
some renovations. The applicant has requested variance relief for the expansion of the accessory structure
in related ZBA file 47863. Both the variance and special exception applications were opened together at
the public hearing.
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on January 4, 2024, 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.
Page 2,January 18,2024
##7860SE, Kim
SCTM No. 1000-115-2-11
In considering this application, the Board has reviewed the code requirements set forth pursuant to Article
III, Section 280-13(B)(13) to establish air Accessory Aparlirient in an Accessory Structure and finds that
the applicant does comply with al I of the requirements for the reasons noted below:
1. The owner confirms that the accessory apartment shall contain no less than 220 square feet and shall not
exceed 750 square feet of livable floor area and shall have no more than two bedrooms and one bathroom
with the entirety of the livable floor area of the accessory apartment located on one floor of the accessory
structure. The architectural plans prepared by Charles M. Thomas, Architect and dated August 23,2023
propose an accessory apartment with one full, bathroom entirely on one floor of the one-story building in
the accessory structure with a conforming 719 square feet of livable floor area,as verified by tile Building
Department's"Verification of Livable Floor Are; request by the ZBA dated November 21,2023,
2. The dwelling unit complies with the definition of same in §280-4 of the code
3. The accessory structure does comply with the code requirement as defined in Section 2 80-1.3(B)(I 3)(e)
of the Zoning Code which states the accessory structure must have been certified a minimum of three years
prior to the establishment of the accessory apartment. The applicants were issued a Certificate of
Occupancy No: Z-193 13 for the subject accessory structure dated August 22, 1990.
4. The applicant herein, owns and resides at the property as documented by Affidavit of Principal
Residency, Bargain and Sale Deed, a letter from utility PSEG confirming service to the applicant as of
September 22, 2023, copy of the amount paid by the applicant to the Peconic Bay Region Community
Preservation Fund,New York State copy of Combined Real Estate Transfer Tax Return,a New York State
Driver License with the Southold address, A Suffolk County Voter Registration and a New York State
STAR Registration Application Form, and confinns that: occupancy of the residential structures on the
premises shall be Subject to the issuance of an annual rental pen-nit in accordance with 280-13D and the
following requirements: one of the dwelling units shall be for the sole, exclusive occupancy of the owner
or family member, as defined in chapter 280-4. The other dwelling unit shall be [eased for year-round
occupancy evidenced by a written lease for a term of one or more years to a family member or a resident
who is currently on the Southold Town Affordable Housing Registry and eligible for placement.
The applicant testified that the tenant of the accessory apartment will be the applicant's sister as evidenced
by a signed lease by the applicant and his sister, Patricia K. I-Ian for a period of 24 months at $1,000.00 a
month. Although, the signed lease is for year-round occupancy for the sister, the applicant asserted that it
will be occupied for only 6 months cacti year by his sister,and that no other person shall Occupy the dwelling
unit. The applicant was asked to provide a notarized affidavit attesting that the tenant is his sister. An
affidavit was received from Patricia Kim 1--lan on January 16, 2024, dated January 13,2024 confirming that
she is Bruce Kim's sister.
5. The owners' plans comply with the on-site parking requirements of three spaces, two for the principal
dwelling and one for the accessory apartment, and provide for a total of 3 parking spaces as shown on a
copy of a survey received on January 16, 2024, prepared by Nathan Taft Corwin, 111, L.S., dated July 19,
2023, Original copies of the survey should be provided.
6. Only one accessory apartment will be on the subject property and no Bed and Breakfast facility, as
authorized by Section 280-13(B)(14) hereof shall be permitted in or on premises for which an accessory
apartment is authorized or exists.
7. This conversion is/shall be subject to a building permit, inspection by the Building Inspector, approval
by the Suffolk County Department of Health Services of the water supply and sewage disposal system(s)
and the issuance/renewal of air annual permit in accordance with Chapter 280-13D.
OFFICE LOCATION: Z,
MAILING ADDRESS:
s " �� P.O. Box 1179
Town Hall Annex 11
IrS Southold, NY 11971
54375 State Road Route 25
4(cor. Main Rd. &Youngs Ave.)
Southold, NY Telephone: 631 765-1$09
,,. http://southo!'1+rttown.xaygov
RECEIVED
0�" � � �"mow`
ZONING BOARD OF APPEALS
Town of Southold
FINDINGS, DELIBERATIONS AND DETERMINATION SoUt old Town Clerk
MEETING OF JANUARY 18, 2024
ZBA FILE: #7879
NAME OF APPLICANT: Bruce Kim.
PROPERTY LOCATION: 300 Birch Road, Southold, NY SCTM#1000-54-9-18.1
S EQ 1 ILL"CERMiNA'l"QN: The Zoning Board of Appeals has visited the property under consideration in this
application and determines that this review falls under the Type I1 category of the State's List of Actions, without
further steps under SEQRA.
SC11 FOLD COL1I*1T`n' ADM11'+J1S'J RATIVE 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 DL11-,R.N1INA[ION: 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.
1 C'ERI1,,,I°AC 1IT /ICI: R fP!LQN, The subject property is a conforming 71,546 square foot parcel located in
the Residential R-40 Zoning District. The northerly property line measures 119.09 feet and is adjacent to Pine Road,
the easterly property line measures 193.22 feet and is adjacent to Maple Road, the southerly property line measures
in total 250.30 feet and is adjacent to Chestnut Road, and the westerly property line measures 383.63 feet and is
adjacent to Birch Road. The parcel is improved with a one-story frame dwelling, with an inground swimming pool
with a brick patio located north of the residence. A one-story frame two car garage is located south of the residence
as shown on the survey prepared by Nathan Taft Corwin, III, LS and dated July 19, 2023.
k ASl F A(L1,ICA110N: Request for Variances frorrn Article XXIII Code Sections 280-123 and the Building
Inspector's December 8, 2023 Notice of Disapproval based on an application for building pen-nit to construct an
addition to an existing accessory structure at; I)a nonconforming building containing a nonconforming use shall not
be enlarged, reconstructed, structurally altered or moved unless such building is changed to a conforming use,
located at 300 Birch Road, Southold,NY. SCTM#1000-54-9-18.1.
Rl 1 1L1 REC, Q1 S ffi_Q: The applicant requests variances to construct a roofed over open entry portico addition to
all existing accessory structure.The proposed addition to the existing accessory structure, on this conforming
71,547 square foot parcel in the Residential R-40 Zoning District, is not permitted pursuant to Article XXIII,
Section 280-123 which states: "A nonconforming building,containing a non-conforn•ning use shall not be enlarged,
reconstructed, or structurally altered or moved, except as set: forth below: unless the use ofsuch building is changed
to a conformed use." The structure is considered a"pre-existing non-conforming dwelling with a full bath and
heat, according to the Pre-Co/inspection report, and is located in the front yard.
j2DIIIQI�A[. INI C)l l I '�1: The applicant has requested a Special Exception tinder Zoning Code 280-
13(B)(13) to establish an Accessory Apartment in the existing accessory structure to accommodate the applicant's
sister in related ZBA rile #7860SE. Both the variance and special exception applications were opened together at
the public hearing.
Page 2,January 18,2024
#7879, Kim, Bruce
SCTM No. 1000-54-9-18.1
The parcel is unique as it has three front yards,as shown on the prepared survey by Nathan Taft Corwin, III, LS, and
dated July 19, 2023. The existing garage is located in the front yard with heat and a full bath, which makes it pre-
existing nonconforming. The Site Plan drawings show the small covered entry along with the plans for the apartment
as prepared by Charles M.Thomas, Architect,and dated August 23, 2023.
F ING _U
JN F 0-JA�Qil EASOM AC7[
$_�O K..R-O-A—RD J_QN
The Zoning Board of Appeals held a public hearing on this application on January 4, 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 67-b 3�b 1�, Grant of the variance will not produce an undesirable change in the character of tile
�2
neighborhood or a detriment to nearby properties. This is a large property,and the as built garage which the applicant
wishes to convert to an apartment for his sister (ZBA# 7860SE) with an attached roofed over open entry portico
measuring 5 feet by 5 feet which will not detract from the character of the neighborhood. Covered entries to
residential structures are a common feature in residential neighborhoods. The garage currently exists and many of
the homes in the area have accessory structures.
2. The benefit sought by the applicant cannot be achieved by some method, feasible
for the applicant to pursue, other than an area variance. The subject accessory garage is a pre-existing non-
conforming second dwelling on the subject property and cannot be enlarged unless it is converted to a conforming
storage use without variance relief.The applicant is proposing a residential use(accessory apartment) in the accessory
structure and not storage.
The variances granted herein are mathematically substantial, representing 100%
relief fi-orn the code, However, the small open roofed over portico will enhance the appearance of the accessory
structure, identify the entry to the accessory apartment, provide shelter from the elements and will have no adverse
impacts. Additionally, the proposed portico is only slightly larger than a code conforming as of right entry landing
4. 'row i Law 267-bQJ� Lb -
)L4). No evidence has been submitted to suggest that a variance in this residential
colunlUnity 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 Storrn Water Management Code.
5, Town Law §267-bj3 b)(5). 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 our the use of the parcel under the Zoning Code in effect prior to or at the time of purchase.
6. Town Law §267-b, Grant of the requested relief is the minimum action necessary, and adequate to enable the
applicant to enjoy the benefit of covered entry to an existing accessory structure located in a nonconforming location
front yard while preserving and protecting the character of the neighborhood and the health, safety and welfare of
the community.
R U5 DULLE()N QF_j:FIL} CAFE D: In considering all of the above factors and applying the balancing test under New
York Town Law 267-3, motion was offered by Member Acampora, seconded by Member Planamento, and duly
carried, to
GRANT variances as applied for and shown on a survey map (copy) prepared by Nathan T aft Corwin 111, LS, and
dated July 19, 2023 and the Site Plan prepared by Charles M. Thomas, Architect, and dated August 23, 2023.
Page 3,January 18,2024
47879, Kim, Bruce
SCTM No. 1000-54-9-18.1
StjBH,CLT TO THE FOLLOWING CONDITIONS.
�T
1. The septic system on the subject property must be approved by the Suffolk County Department of Health
Services
2. The proposed addition (portico) may only be constructed if the applicant receives ZBA approval for a
proposed accessory apartment in the subject accessory garage (related ZBA #7860SE). Failure to do so will
render this approval null and void.
3. 'The applicant shall provide the Board with an original signed and scaled survey depicting the required
parking plan for an Accessory Apartment, showing three (3) parking spaces.
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
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 ON THE APPROVAL((S)GRANTED HEREIN
Please ReMLLmh&
Any deviation./rom fire survey,site plan andlor architectural drawings cited in this decision, or work e-vceeding
the scope ql'the relief granted herein, will result in delays andlor a possible denial by the Building Department
of'a building permit and/or the issuance of a Stop Work Order, and may require a new application and public
hearing before the Zoning Board of Appeals.
Atiy deviation from the variance(s)granted herein as shown on the architectural drawings,siteplan and/or survey
cited above, such as alterations, extensions, demolitions, or demolitions e.Vceeding the scope of the relie/'granted
hereirt, are not authorized under this application when involving nonconfirtnities under the zoning code. This
action does not authorize or condone airy current or future use, setback or other feature 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.
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(3)years from the date such variance was granted. The Board of Appeals may, upon
written request prior to the date of expiration,grant air extension riot tea exceed three(3)consecutive one (1)
year terms. IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE WITH
I"H:E CODE RE IIIRFD 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 Weisman (Chairperson), Dantes, Planamento, Acampora and Lehnert. (5- 0)
Leslie Kanes Weisman, Chairperson
Approved for filing l 2024