HomeMy WebLinkAbout46784-Z TOWN OF SOUTHOLD
BUILDING DEPARTMENT
° TOWN CLERK'S OFFICE
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#: 46784 Date: 9/7/2021
Permission is hereby granted to:
Frost&Minichini Fam 2020 Ir Tr
PO BOX 388
Orient, NY 11957
To: Construct accessory garage with pool house and raised patio 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:
ACCESSORY $389.60
CO-ACCESSORY BUILDING $50.00
Flood Permit $100.00
Total: $539.60
Building Inspector
TOWN OF SOUTHOLD BUILDING PERMIT APPLICATION CHECKLIST
BUILDING DEPARTMENT Do you have or need the following,before applying?
TOWN HALL Board of Health
SOUTHOLD,NY 11971 4 sets of Building Plans
TEL: (631)765-1802 Planning Board approval
FAX: (631)765-9502 3. Survey
Southoldtownny.gov PERMIT NO. '- Check
Septic Form
N.Y S.D.-.C.
Y V Trustees
C.O.Application
Flood P-rmit
Examir-d a Single&Separate
'; 9
Truss identification Form
t Storm Water Assessmen,Form
Contact:
Approved 20 Mail to:
Disappro
s
Phone: t- -0`-k --1 G 2 Z
Expiration 20_
>a
°•atd
+ Bul.d` nspector
APPLICATION FOR l3
Date Li \,t 20j
INSTRUCTIONS
a.This application MUST be completely filled in bytygewriter or in ink and submitted to the Building Inspector with c
sets of plans,accurate plot plan to scale.Fee according to schedule.
b.Plot pian showing location of lot and of buildings on premises;-relationship to adjoining premises or public streets or
areas,and waterways. (_
c.The work covered by thil application may not be commenced,before issuance of Building Permit.
d.Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant.Such a permit
steal)be kept on the premises available=or inspection thr" pout the work..
e,No building shall be occupied or used in whole orin part for any purpose what so ever until the Buildina Inspector
issues a Certificate of Occupancy.
f Every building permit shall],expire if the work authorized has not commenced within 12 months art_.r the date of
issuance or has not been compldted'within 1-8-months from such date.If no zoning amendments or other regulations aTeeting the
property have been enacted in the interim,the Building Inspector may authorize,in writing,the extension of the permit for an
addition six months.Thereafter,a new permit shall be required.
APPLICATION IS HEREBY&4ADE to the Building Department,for the issuance of a Building Permit pursuant to the
Building Zone Ordinance of the Town of Southold,Suffolk'Ci uhty,'New York;and.other applicable Laws,Ordinances or
Regulations,for the construction of buildings,additions,or alterations of for removal or demolition as herein described.The
applicant agrees to comply with all applicable laws,ordinances,building code,-housing code,and regulations,.andto:d.
authorized inspectors on premises and in building for necessary inspections.
(Signature of name,if a corporation) �(
( failing address of app) ara)
State whether applicant is owner,lessee,agent,architect,engineer,general contractor,electrician,plumber or builder
Name of owner of premises ro
,{ on thtAx roll or latest deed)
If applicant is a corporation,signature of duly authorized officer A_, -"
(Name and title of corporate officer)
Builders License No.
Plumbers License No,
Electricians License No,
Other Trade's License No.
1. Location of land on whic:proposed work will be done:
i 0\S. V e -Z t-
-
House Number Street Hari let
County Tax Map No. 1000 Section Z S Block 03 Lot \-2-. k
Subdivision Filed Map No. I`ot
a � F
2. State existing use and.occupancy of premises andultQuedand occupant, fproposed construn ion:
a. Existing use and occupancy ,
b. Intended use andi occupancy .41
:F
3. Nature of work(check Which applicable):New Building Addition to �n
Repair Removal Demolit`ior Other Work
14 (Description)
4. Estimated Cost -Fe
qM
(To be paid on f#l:r g this application)
5. If cz ve?li,g,number ofd tilling units Number of dwelling units on each floor
If garage, number of cars `
,si
h
b. If business,co , ercial or mixed occupancy,specify nature anxtent of each type of use.
7. -Dimepsions;ofe 4stin �strucmres,if any:Fret � Rear e N 5`O
: _ pA
Height Number,of Stories
Dimensions of same structure with alterations o�Ad6itions:_17(ont ` Rear
Depth Height Nuber of Stories
8. Dimensions of entire n-ewconstructign:°-Front yf Rear R.. D rpth
Height Number of Stories
9. Size of lot:Front Rear Depth -1 _' ` �3 ''` --i 2- z'L-
10.
10.Date of Purchase Lo. 10 Name of Forr})er tflwner
11.Zone or use district in which.premisesrare situated -
12. Does proposed constructionr violate any zoning lay,-•,ordinance or*regulaticn?YES71 NO ,
.s
13.Will lot be re-graded?YES NO�Will excess fill be removed frorii:preiriises?YES' NO
14.Names of Owner of premises —AddressZ4�j Phone 10,' �1
Name of Architect Address Phone No
Name of Contractor lticires
Phone:xo..
15 a.is thisfprope y:w;t1:IOC,feet of,a tidal wetlan of 4;-4;shwa; 'wetland 'YES NO
*IF YES,SO[`TI-IOLD.TOIy''N T'RUST`EE-S&D.E C,E,EI SITS'lv?AY B3 QUIITD.
b.Is this!property within J00 feerof a-tidal wetlands"YES .NO ,
*IF YES,D.E.C:PEnJITS MAY BE REQUIRED.-
lb.Provide survey,to scale, with eccurate foundation plan and distances to property lines.
17. If elevation at anypoint dii'p'ropelty is at 0 feet or below,must provide topographical data:on ur k ey.
18.Are there any covenants and restrictions• h respect to this property?*YES NO
*'IF YES,PROTIDE A CONY.
STATE OF NEW YORK}
SS: -
COUNTY O }.
--
I i being�llily'swttrn deposes and says that(s)he is the applicant
( a. e of to victual stgntn�contract)above pained,
(S)He is thet
{Contractor,Ages t,Corporate Offlicer,etc;)
of said owner or owners,and is duly authorized toperform 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 knowledge and belief,and that zhe v ork 4}li bei
performed in the manner set forth in the application filed therewith:
S.vom ly before me tv
day ofj Vf 20�_,
I otary,_Public-
Signatftt-q= i,6a4
A�
Edward Webb,Chairperson , Town Hall Annex
Anne Surchin,Vice Chair 4& 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 #8.18.20.2
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 Js 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
Leslie Kanes Weisman,Chairperson .�� S30 53095 Main Road•P.O.Box 1179
Southold,NY 11971-0959
Patricia Acampora AnnOffice Location:
Eric Dantes Town Annex/First Floor,
Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue)
Nicholas Planamento `�� Southold,NY 11971
hap:Hsoutholdtownny.gov
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD 1 2020
Tel.(631)765-1809-Fax(631)765-9064 ,
Sou old Town Clerk
FINDINGS,DELIBERATIONS AND DETERAUNATION
MEETING OF OCTOBER 15,2020
ZBA FILE: 7413
NAME OF APPLICANT: Timothy Frost
PROPERTY LOCATION: 1995 Village Lane, Orient,NY SCTM No. 1000-25-3-12.1
SEORA 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 ADMINISIR TIVE
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.
LWRP DET V 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 FACTS/DESCRIPTION: 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 APPLICA'T`ION: Request for Variances from Article III, Section 280-15 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.
1ZBLIFF OSTM : 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 _T10N: Both written and oral testimony was given by the project designer. The property
has a certificate of occupancy(4Z-23.043) issued in June 1994 for alterations to convert multiple dwelling toa.one=
family dwelling and a non-habitable accessory structure and shed. In February 1988 a certificate of occupancy(4Z-
16647) was issued to remove parts and alterations on the remaining one family dwelling. Tn:August of 2011; a
certificate of occupancy(#35179)was issued for an"as-built"deck addition to an existing one-family dwel-ling.
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, 20120 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 Dation 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 tree 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 subunit a letter of support from the ether adjacent property owner who 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 C ON:
The Zoning Board of Appeals held a public hearing on this application on September 3,2024 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 makes the following findings:
1 Town Law §267-h 31tb ( ). Grant of relief will not produce an undesirable change in the character of the
neighborhood or a detriment to nearby properties. The Southold Historic Preservation 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 bean 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.
2 down Law X267-bf33tb 121. The 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 c nnTbT r ih rear ya c nni nc o oca a o1 p l-h- and accessory-g ge _
3. Town Lav§267-b131tb1 f3h 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-bt3)tblt4l. 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.
5. Town Law L267-bt3 JhI{ . 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.
6. Town Lav 4267-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 I garage while preserving
and protecting the character of the neighborhood and the health,safety and welfare of the community.
SOLUTION OF TBE BOARD: In considering all of the above factors and applying the balancing test under New
York Town Law 267-13,motion was offered by Member Lehnert,seconded.by Member ,and duly carried,to
GRANT the variance as applied for,and shown on the amended site plan prepared by Joseph Fischetti,PE(unsigned
and unsealed)and last revised September 9, 2020.
SUBJECT TO THE FOLLO ,G(CONDITIONS:
1. The applicant shall suhinit two original signed and sealed site plans prepared by a licensed
professional which is consistent with the plans amended on September 9,2020.
2. Applicant shall plant evergreen screening along the len of the heron ns,sh on the mended site
plan cited above.
3. No heat or plumbing shall be installed in the Pool House,and shall remain as unconditioned space.
4. This approval shall not be deemed effeetive until the required Conditions have been met; and failure
to comply therewith vvU render this approval null and void,
S. Pool mechanicals shall be placed in a sound deadening enclosure.
6. Drywell for pool de-watering shall be installed.
That the above conditions be written into the Building Inspector's Certifcate of Occupancy,when issued
Before applying for a building permit�the applicant or agent must submit to the Board of Appeals for approval and
tilin.g, 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
nbdivi ion-map-has-not-been-filed--with the_- nunty Clemk,_within three Q:)_yearsfrom the plate 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
47413,Frost
SCTM No. 10007-25-3-12.1
the Boar' y Members Nay: (Absent was: ) This Resolution was duly adopted
she K es eis an,Chairperson
Approved for filing � � /2020