HomeMy WebLinkAbout46785-Z oTOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
Me
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 #: 46785 Date: 9/7/2021
Permission is hereby granted to:
Frost&Minichini Fam 2020 Ir Tr
PO BOX 388
Orient, NY 11957
To: Construct in-ground gunite swimming pool at existing single family dwelling as applied
for per ZBA 7413, Historical approval and with Flood Permit
At premises located at:
1995 Village Ln, Orient
SCTM #473889
Sec/Block/Lot# 25.-3-12.1
Pursuant to application dated 5/10/2021 and approved by the Building Inspector.
To expire on 3/9/2023.
Fees:
SWIMMING POOLS -IN-GROUND WITH FENCE ENCLOSURE $250.00
CO- SWIMMING POOL $50.00
Flood Permit $100.00
Total: $400.00
Building Inspector
TOWN OF SOUTHOLD BUILDING PERMIT APPLICATION CHECKT IST
BUILDING DEPARTMENT Do you have or need the following,before applying'
TOWN HALL Board ofHealth
SOUTHOLD,NY 11971 4 sets of Building Plans
-7
TEL: (631)765-1&02 Planning Board approval
K'
FAX: (636 765-9502 -Ziv -Survev
Southoldtownnv.00v -,cc
PERMIT NO. Cit k
Septic Foln'l—
U A
C,O.An i
T,1 f P Ic-
.=d Permit-
Ex a i MAY 7 &-Igle&SeDalwe
rusS Tden ti ffication Form
J'T -G VFM Storm-Watcr Assessment Form
-x' Contact:
201 mar Mail to:
Disno
p oved at:
Phone: 2-
Expirauon 20
Buildi Spector
APPLICATION FOR B
MAI 0
INSTRUCTIONS Date Li 20j cj_
a.This abolica,;on NIUST be completely filed in by'ypewriter orin ink and submitted to the Building Inspector with 4
-zets cl'n'ans,accurate n'o,nlan to scale Fee according to schedule.
b. Ploi s`1cvin1g ocanon nf'-oi and ofbu;ldinnas on to adjoi
ming pierriSes or public streets on
areas,and waterv.--Is.
Tht,�0111 covered bythA application may not be c-ammlencedbeforee issuance ol'Building Permit,
d.Uoon aDprovai ofthisapp'i--all
�on,the Building inspector will issue a Building Permit to'he applicant.Such a permit
shall be ktp,,on-zhe pTem'scs avail-able.for lnspq�;Irca-taro_ughoot they work,
No Nu—ding shail be,Occupied or used in whole or in p--,- Tor any purpose what so until the Building Inspector
y Du 1 d i-7 6-permit shall expire;f ilit work authorized has riot commenced with:n mond ins after the date Of
'ssuan,--orh S.
as not been completed,witinn 18-r.oaths from such,dafi%lfro-zoning amendments or other-e.--ulanons affenor nthe
propertyhave been enacted in flieffiterim,the Building Inspector-may authorize,in writing-the extension of tag permit for an
addition six months. "hereafter,a new permit shall be required.
APPLICATION IS HEREBY MADE to the Building DUP'artraent-for the issuance of Building Permit pursuant to the
Bis :ding Zone Ordinance of the Town ofSotithbld,.,S-Lffolk'Cbuiitv`.1.r6w Y&k.and otheraplilicWe Laws,Ordinances or
Reculations,for the construction of buildings,additions,or alterations otforremoval or demolition as herein described.The
applicant agrees to comply with all applicable laws,ordinances,building cadeI'liousi4g,code,,and;regulations,;and to ad
authorized inspectors on premises and in building for necessary inspections.
(Signature ofs ll name,ifacomoration)
X-
(MA;
Ring address ofaI!plicarfi
State whether applicant is owner,lessee,agent,architect,engineer,general contractor,electrician,plumber or builder
7—
-net of premises
Name ol ow I T-4
on th6x roll or latest deed)
Iflipplicant is a corporation,signature ofdruly authorized officer
fcorporate officer)
�i am-,and title oi
Bui ide.rS License
PIUM. bei-S T icense No.
UiciansLicense No.
Other Trade's License No.
i Location land on whlch
o-' l P11-p-c—d worl-, be done:
i
V-,
House Number Street
Countv Tax%,Ian,No. 1000, Section '2- Block To
Subdivision Filed Map No.
of
2. State existing use and occupancy of premises and deds and occupancy f propose, constru
a. existing use and.oceupancy
b. Intended use arida occupancy r
3. Nature of work(check Which applicable)'New Buildm*g Addition ger r;
Repair Removal Demolition Other Work
4. Estimated Cost (Description)
- . , i CJ t�e�t� � � ��� Feet
(To be paid on filing this application)
d. If dwelling,number of duelling units Number of dwelling units on each floor
If garage, number of cars
6. If business,cormiwrcial or mixed occupancy,specif -tent of each type of use.
7: Dine„sonseistrrif any:Front boar, web S�?
Hei r_ 'Number of Stories 2_ ,
Dimensions of same-sitructure with alterations of Acl'litions:Front `, Rear
DepthHeiaht i Nuber of Stories —
8. Dimensions of entire new constructgt.F int.; gr'” Dent
Height Number of Stories
9. Size of lot:Front Reay Depth -s j-Tc '. r a_T 2-
10.Date of Purc ease �,o, ] Ndme of Former Owner
11.Zone or use district in.W4ighpzemiSes brei situated
12.Does proposed construction violate any zoning law;Ordinance-orreguiation?
Y E SIV NO
13. Will lot be re-graded?YES ; NO XNAill excess fill be removed 3 om, 'pre im e;;;?YES_NO
14.dames of O °rer of premises Add est i - 4C1 Phone No.
eta re o -chteet ' Add els Phone-No
Marne cs Cont actor
Wires . Phone No.
15 a.Is this;prope—, within: "' feet ofa tidal-wetland,.opa, ' hw ter,kvetlard?AYES NO
IF YES,!SOU'I'HOLD T .�NINTRUS`FEES&D.E.G,PERMITS'MAY B {fUIRED.
b.Is this�propert_y within till=. ecr)fa�tidal wetlend:'*°YE ... Q,r
*IF YES,D,E.G.PER 41T.S MAYBE R C VIRuD;.
16.Provide survey,to scale,withacdurate foundation plan and distances to property lines.
17.If elevation at an j point 6-gropetty is at 11 0 feet or below,must provide topographical data on+urs ey.
18.Are there any covenants and restriettonsh respect to this property? *YES NO
*
IF YES,PROVIDE A COQ Y.
STATE OF NEW YORK)
C0111NTY O SS:
..
t?Win�#1r31}SW G ' {[e,,ra.occ'�3.cd S2vS that(s)he 1s the np p:CW:t
(Dame of in u"al signing contract)aboveStan ed,
(S)He is the
(Contractorgerlt,Corporate Officer,etc.)
of'fru=.o owner or owners,and is duly authorized tolperlorni.or Have performed the said work and to make a u-•ile this application;
.ria-a statement_contained in tsi.s apiplicattion arg true to the best of his knowledge and belief,and that the work will be.
performed in the manner set foo=l±in the application filed therewith.
S'fora efore me th
day of - 2
Notary-Public Signa i f A _rant
� tfF0
-19
Edward Webb, Chairperson Town Hall Annex
Anne Surchin,Vice Chair 54375 Route 25
Robert Harper PO Box 1179
Joseph McCarthy Southold,NY 11971
Mariella Ostroski Fax(631)765-9502
Tracey Dwyer,Administrative Assistant Telephone: (631)765-1802
www.southoldtownny.gov
Town of Southold Historic Preservation Commission
August 18, 2020
RESOLUTION #8.1$.20.2
Certificate of Appropriateness
RE: 1995 Village Lane,Orient,NY, SCTM# 1000-25.-3-12.1
Owner: Timothy Frost
RESOLUTION:
WHEREAS, 1995 Village Lane, Orient,NY is on the Town of Southold Registry of Historic
Landmarks, and
WHEREAS, as set forth in Section 56-7 (b) of the Town Law(Landmarks Preservation Code)
of the Town of Southold, all proposals for material change/alteration must be
reviewed and granted a Certificate of Appropriateness by the Southold Town
Historic Preservation Commission prior to the issuance of a Building Permit,
and,
WHEREAS, the applicant and his architect Kevin Perry submitted a proposal outlining the
scope of work,which included the construction of an accessory in-ground
swimming pool, an accessory pool house/garage and fencing, and,
WHEREAS, the proposal will add an addition of 2,630 square feet to the lot coverage which
includes a pool barrier fence that is in compliance to the Town of Southold Code
for fence installation, and,
WHEREAS, the proposed location of the project will require zoning board of appeals approval
before it receives a building permit from the Building Department, and,
WHEREAS, the applicant and his architect presented commissioners with an outline of the
project during a pre-submission conference on August 4, 2020, and,
WHEREAS, a public hearing was held on August 18, 2020, where the applicant and his
architect submitted final drawings of the scope of work and outlined the project
for the commission, and,
BOARD MEMBERS Southold Town Hall
i eslie Kanes Weisman,Chairperson � �
'� � 53095 Main Road •P.O.Box 1179
Southold,NY 11971-0959
Patricia Acampora Office Location:
Eric Dantes Town Annex/First Floor,
Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue)
Nicholas Planamento Southold,NY 11971
http://southoldtowrmy.gov RECEIVED
ZONING BOARD OF APPEALS $C ' X
TOWN OF SOUTHOLD 0 CT 2 1 202
Tel.(631)765-1809 •Fax(631)765-9064
•
OU old To rk
FINDINGS,DELIBERATIONS AND DETERMINAT 1
MIEETING OF OCTOBER 1.5;2020
ZBA FILE: 7413
NAME OF APPLICANT: Timothy Frost
PROPERTY LOCATION: 1995 Village Lane, Orient,NY SCTM No. 1000-25-3-12.1
SERA_ DETERyIINATION: 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 CO I TY ADMINISTRATIVE 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 April 8, 2.020 stating that this-application is considered a matter for local determination as there appears to be
no significant county-wide or inter-community impact.
L'vVRP DETERNII ATION: This application was referred for review,under Chapter 268, Waterfront 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 August 26, 2020 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. The coordinator further commented that the proposed setback of the proposed
pool and pool house do not minimize effects of development on adjacent properties, therefore Policy 1 of Policy
standards have not been met. Accordingly, the site plan has been amended showing a reduction in size of the pool
deck and relocation of the fence area which may eliminate any negative impact to the neighboring property owner.
Accordingly, the Board finds the amended action is CONSISTENT with LWRP policy standards and is therefore
CONSISTENT with the LWRP.
PROPERTY FACTSiDESCRIPTION: The subject property is an irregularly shaped parcel located in an R-40
Zoning District. The property has a road frontage on Village Lane measuring 115.26 feet, then runs east for 137.04
feet,turning north for approximately. 183.85 feet,runs east for 58.00 feet along Fletcher Street,turns south for 135.46
feet along Vincent Street, then returning approximately 284.41 feet to Village Lane. The property is improved with
an existing two- and one-half story residence and a non-habitable accessory structure and deck as shown in a survey
prepared by John Metzger, L.S. last revised December 12, 2019.
BASIS OF APPLICATI_ON: Request for Variances from Article III, Section 280-I5 and the Building Inspector's
February 19, 2020 Notice of Disapproval based on an application for a permit to construct an accessory in-ground
swimming pool and an accessory pool house and garage; at 1)swimming pool located in other than the code required
Page 2, September 17, 2020
47413,Frost
SCTM No. 1000-25-3-12.1
rear yard; 2) accessory pool house/garage located in other than the code required rear yard; located at: 1995 Village
Lane, Orient,NY. SCTM No. 1000-25-3-12.1.
RELI FOI�STE : The applicant requests variances to construct an in-ground swimming pool and accessory
pool house/garage located in the front yard,where they are only allowed by code in a rear yard.
ADDITIONAL INFO WATION: Both written and oral testimony was given by the project designer. The property
has a certificate of occupancy(#Z-23043) issued in lune 1094 for alterations to convert multiple dwelling to a oue-
famly,deilin and a non®Habitable accessory structure and shed. In February 1988 a certificate of occupancy #Z-
- -
16647) was issued to remove parts and alterations on the remaining one family dwelling. August f 2011
certificate of occupancy(#35179)was issued for an"as-built"deck addition to an existing one-family dwelling:
The Town of Southold Historic Preservation Commission issued a"Certificate of Appropriateness"for the proposed
accessory structures,which includes fence installation,on August 18,2020.
After the public hearing on September 3, 2020 the hearing was closed. On September 10, 2020, the applicant
submitted an amended site plan(dated last revised September 9,2020,unsigned and unsealed)showing the reduction
in size of the proposed deck/patio and change in location of the fence in order to allow better access to and
maintenance of the accessory garage on the adjacent property by the owner,thereby reducing any adverse impact to
the neighboring property. On September 16, the applicant requested a reopening of his hearing in order to be
permitted to enter the amended site plan into the record as the preferred proposed design. The board approved the
request and another hearing took place on October 1, 2020. During this hearing,the applicant further discussed the
relocation-of the fence to allow a to remain, and also agreed that the proposed berm would be landscaped with
native evergreens as a visual and acoustical buffer between the proposed construction and the road and neighboring
properties, as suggested by the Board. This was amenable to the neighbor who also spoke at the hearing. The
applicant also agreed to submit a letter of support from the other adjacent property owner,vho had verbally informed
the applicant that they had no objections to the proposed plans. On October 5 2020 the Board received this letter of
support from the resident at 75 Willow Street on Orient.
F INKS OF FACTI ASO sS FOIA I30A 1 ACT1ON:
The Zoning Board of Appeals held a public hearing on this application on September 3,2020 and October 1,2020
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 snakes the following findings:
1 pown Law X267-bfI1b}1 Grant of relief will not produce an undesirable change in the character of the
neighborhood or a detriment to nearby properties. The Southold Historic Preser=vation Commission issued an
"Certificate of Appropriateness"for the proposed project as submitted. Granting relief with an amended location of
the fence will allow the applicant to preserve an existing tree, and install a berm landscaped with native evergreens
to mitigate sight and sound which will reduce any adverse impact to the road and neighboring properties. All of the
lots in the neighborhood are non-conforming and have similar setbacks on Vincent Street as the proposed project.
3. Town Lav 26' _1 13 1bf121• Th benefit sought by the applicant cannot be achieved by some method, feasible
for the applicant to pursue other than an area variance- The shape of the property precludes any additions or
accessory structures without the benefit of an area variance because it has two street frontages and therefore little to
no ion}c rn gear yard-ir which to locate-a pool:-pool_h use-and-accessmy- arage. —
3 Town Law§267-bl3ltbl{3t. The variance granted herein is mathematically substantial,representing 100%relief
from the code.However,due to the lack of a conforming location caused by the unique irregular shape of the property,
} Page 3, September 17, 2020
#7413, Frost
SCTM No. 1000-25-3-12.1
which has two street frontages, and based upon .proposed landscape screening, granting-of relief would not have a
substantial adverse impact on the neighborhood.
4. Town Law &267-b(3)(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 and Conditions imposed by
this board.
. Town Law §267-b(3)(b)t5): 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 lnowldge of the
limitations on 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 variance relief is the minimum action necessary and adequate to enable the applicant
to enjoy the benefit of an accessory in-ground swimming pool and an accessory pool house/garage while preserving
and protecting the character of the neighborhood and the health,safety and welfare of the community.
SOLUTION OF TUE 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 LehneM seconded by Member ,and duly carried,to
GRANT the variance as applied for,and shown on the amended site pian prepared by Joseph Fischetti,PE(unsigned
and unsealed)and,last revised September 9, 2020.
SUBJECT TO TBE FOLLOWING CONDITIONS:
1. The applicant shall submit two original signed and sealed site plans prepared by A licensed
professional which is consistent with the plans amended nn September 9,2020.
2. Applicant.shall plant evergreen screening along the length of the berin as sbown on the amended site
plan cited above.
3. No heat or plumbing shall be installed in the Pool Rouse,and shall remain as unconditioned space.
4. This approval shall not be deemed effective until the required conditions have been mot;and failure
to comply therewith will render this approval null and void,
5. Pooh mechanicals shall be placed it a sound deadening enclosure.
6. Drywell for pool de-watering shall be installed.
That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issuer
Before applying for a building permit,the applicant or agent must submit to the Board of Appeals for approval and
filing, two sets of the final site plans conforming to the relief granted herein. The ZBA will forward one set of
approved, stamped drawings to the Building Department. Failure to follow this procedure may result in the delay or
denial of a building permit and may require a new application and public hearing before the Zoning Board of Appeals.
If this is an approval subject to conditions, the approval shall not be deemed effective until such time that the
foregoing conditions are met; and failure to comply therewith will render this approval null and void.
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
-- subdivisi€n rasp has-not_leen filed-with_the_SarffcllCcuty eithu
-three Fears from 1h 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.
Page 4, September 17,2020
#7413,Frost
SCTM-No. 10007-25-3-12.1
ho the Board• Ay Members Nay: (Absent was: ) This Resolution was duly adopted
slie R es 'eisman,Chairperson
Approved for filing 1 12020
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