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Home My WebLink About48384-Z TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE �t 0 SOUTHOLD, NY �,04 A,a6vo" 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 #: 48384 Date: 10/7/2022 Permission is hereby granted to: Bertault, Vincent PO BOX 51 Orient, NY 11957 To: raise and construct additions and alterations (substantial improvement) to existing single-family dwelling as applied for per HPC, SCHD & ZBA approvals with flood permit. At premises located at: 95 Navy St., Orient SCTM # 473889 Sec/Block/Lot# 26.-1-12.2 Pursuant to application dated 6/28/2022 and approved by the Building Inspector. To expire on 4/7/2024. Fees: SINGLE FAMILY DWELLING-ADDITION OR ALTERATION $758.00 CO-ADDITION TO DWELLING $50.00 Flood Permit $100.00 Total: $908.00 BuildAigInspector a,M �f�, rat 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 tial,) :"/wYwrww.sotitholdto ELli,L ow Date Received APPLICATION FOR BUILDING PERMIT For Office Use Only g A I� 2022 PERMIT NO. Building Inspector „.. 3. , e , :r u a . li�t�un......A&V9C.. l�t_ . Applications and forms must be filled out in their entirety.Incomplete applications will not be accepted. Where the Applicant is not the owner,an Owner's Authorization form(Page 2)shall be completed. Date:6/14/22 OWNER(S)OF PROPERTY: Name:Mr. Vincent Bertault SCTM #1000-26-01-12.2 Project Address:95 Navy Street Phone#:917-667-4166 TEmail vbertault@yahoo.com Mailing Address:95 Navy Street, Orient, NY 11957 CONTACT PERSON: Name:Mr. Vincent Bertault Mailing Address:95 Navy Street, Orient, NY 11957 Phone#:917-667-4166 Email:vbertault@yahoo.com DESIGN PROFESSIONAL INFORMATION: Name:Gary R. O'Connor, AIA Mailing Address:8 Coryell Street, Lambertville, NJ 08530 Phone#:609-397-3635 Email:gary@grocarchitects.com CONTRACTOR INFORMATION: Name:Philippe Jacquet, Inc. Contact: Philippe Jacquet Mailing Address:P.O. Box 142, Orient, NY 11957 Phone#:646-932-1880 Email:spiritofjackman@yahoo.com DESCRIPTION OF PROPOSED CONSTRUCTION w ❑New Structure ElAddition DAlteration [!]Repair ❑Demolition Estimated Cost of Projects ❑• other Lift house For floor compliance and install new foundation $550,000 Will the lot be re-graded? I]Yes 0N Will excess fill be removed from premises? ❑Yes E]No 1 PROPERTY INFORMATION ..... w_ .... Existing use of property:Residence Intended use of property: Residence Zone or use district in which premises is situated:. Are there any covenants and restrictions with respect to R-40 this property? ❑Yes ONo IF YES, PROVIDE A COPY. 0 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 Zone 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 210.45 of the New York State Penal Law. Application Submitte By(print name Vincent Bertault ❑Authorized Agent ElOWner Signature of Appli'+can Date: STATE OF NEW YORK) COUNTY OF ) mrn ) �P being duly sworn, deposes and says that(s)he is the applicant (Name of individual signing contract)above named, (S)he is the (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 ,,, day of y 20 . Notary Public Nowy PubllC6 State of Newyork PROPERTY OWNER AUTHORIZATION N&31497034"1 MOW In Suffolk (Where the applicant is not the owner)001101011111118104 EXPIMF I, residing at J do hereby authorize to apply on my behalf to the Town of Southold Building Department for approval as described herein. Owner's Signature Date Print Owner's Name 2 � 01, 4 TOWN OF SOUTHOLD—BUILDING DEPARTMENT Town Hall Annex 54375 Main Road P. O. Box 1179 Southold,NY 11971-0959 Telephone (631) 765-1802tttP�HivwaNr.sort,ittliDIdtoyiiny. ov w Floodplain Development Permit Application _..� [FIRM 3 . �PROPERTY INFORMATION. Flood Zone:AE Panel 36103c00681-I SCTM #1000-26-01-12.2 Address: 95 Navy Street — ................. city:Orient, NY zip 11957 CONTACT PE _. ......... Name Mr, Vincent Bertault �Phone 917-667-4166 RSON, . ....._ ._. _. ... _... ........ Mailing Address: 95 Navy Street, Orient, NY 11957 _....._ .—. ... _............-_ ......... I _....._ g ..�...._ . _.... foundation. PROJECT DESCRIPTION Raise existing dwelling and install new found SECTION A:STRUCTURAL DEVELOPMENTCHECK ALL THAT HAT APPLY) w....�........... .� .........� �m...,,._ �., m..m.m.... m.. . ............. —.., m...... Type of Structure Type of Structural Activity ❑ Residential � (1 to 4 families) ❑New structure ❑ Residential (more than 4 families) ❑ Demolition of existing structure ❑ Combined use ❑ Replacement of existing structure ❑Non-residential ❑ Relocation of existing structure ❑ Elevated El Addition to existing structure ❑ Flood proofed (attach certification) I] Alteration to existing structure ❑ Manufactured Home El Other: Raise Existing Structure ❑ Located on individual lot ❑ Located in manufactured home park SECTION B: OTHER DEVELOPMENT CHECK ALL .. .�...�.- . . . ( THAT APPLY) El Clearing of trees,vegetation or debris El Mining D Grading El Drilling El Dredging ❑ Connection to public utilities or services ❑ Paving Lil Placement of fill material El Drainage improvement(including culvert work) ❑ Roadway or bridge construction El Fence or wall construction ❑ Watercourse alteration (attach description) ❑ Excavation (not related to a structured development) ❑ Other development not listed (specify): By signing below I agree to the terms and conditions of this permit and certifyto the best .._.my knowledge _..n......ro. _.� .._........ �._ best of my knowledge the information contained in this application is true and accurate. I understand that no work may start until a permit is issued.The permit may be revoked if any false statements are made herein. If revoked,all work must cease until permit is re-issued. Development shall not be used or occupied until a Cert.of Compliance is issued.The permit will expire if no work is commenced within one year of issuance.Other permits may be required to fulfill regulatory requirements.Applicant gives consent to local authority or representative to make reasonable inspections to verify compliance„ Application Su mitted By(print nam ): Mr. Vincent Bertault ...........___11111-------- _...........��..— .. ....,, _ �.... � Signature ofAp I'icant: Date. #V7 �- pur U111- 4j ✓kyr Mariella Ostroski,Chairperson v .�m Town Hall Annex Anne Surchin,Vice Chair L 54375 Route 25 Joseph McCarthy �" ,� PO Box 1179 Fabiola Santana ou Southold,NY 11971 Allan Wexler d ° Telephone:(631)765-1802 Tracey Dwyer, Administrative Assistant + �` Town of Southold Historic Preservation Commission April 15,2021 RESOLUTION #04.15.21.3 Certificate of Appropriateness RE; 95 Navy Street,Orient,NY SCTM# 1000-26.4-12.2 Owner: Vincent Bertault RESOLUTION: WHEREAS, 95 Navy Street, Orient,NY is on the Town of Southold Registry of Historic Landmarks, and building lies within the designated Orient Historic District according to the National Register of Historic Places and the State Historic Preservation Office (SHPO). WHEREAS, as set forth in Section 170-8 of the Town Code(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 applicants representative Gary R. O'Connor submitted an amended proposal to the prior application that received a public hearing on October 22, 2020 and was denied a certificate of appropriateness as per Resolution#10.22.20.2, and, WHEREAS, the Historic Preservation Commission considered the design changes and on April 15, 2021 held a vote to approve the proposed modifications as applied for, and, ev WHEREAS, the Historic Preservation Commission resolved to withdraw the appeal and approve the accepted amended proposed drawings as alterations and additions to the existing single-family dwelling as applied for under the recommendation of the Southold Town Legal Department, 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, NOW THEREFORE BE IT RESOLVED,that the Southold Town Historic Preservation Commission determines that the proposed work detailed in the above referenced application meets the criteria for approval under Section 170-8 (A)of the Southold Town Code and, BE IT FURTHER RESOLVED,that the Commission approves the request for a Certificate of Appropriateness. MOVER: Commissioner McCarthy SECONDER: Commissioner Santana AYES: Ostroski, Surchin,McCarthy and Santana ABSTAINED: Commissioner Wexler RESULT: Motion Approved Please note that any deviation from the approved plans referenced above may require further review from the commission. BOARD MEMBERS Southold Town Hall Leslie.Kanes Weisman,Chairperson `�q o 53095 Main Road•P.O.Box 1179 ✓ Southold,NY 11971-0959 Patricia Acampora AL Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. +rr 54375 Main Road(at Youngs Avenue) Nicholas Planamento �� Southold,NY 11971 http://`southoldtownny.gov RECEIVED ZONING BOARD OF -W6 2021 TOWN OF SOUTHOLD 0 Tel.(631)765-1809 Fax(631)765-9.064 atu)t�old Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 2,2021 ZBA.FILE: #7467 NAME OF APPLICANT: Vincent:Bertault PROPERTY LOCATION` 95 Navy Street, Orient NY' SCTM: 1000-26-1-12.2 g pp Yp ry property . consideration in this pp under the T 1n II categ thehof e State's List of Actions,without S�,I�wA D�TLR.MINATIOI�I: "l�lre onzn , Board-of Appeals application and.deterrnines that this review falls further steps under SEQRA. . SUFFOLK COUNTY AI 'NfDI "l'RATIV ' C l I-: This application was referred as required under the Suffolk County Code Sections A'14-14 to 2� 'and the Suffolk County Department of Planning issued its reply Coun Administrative dated January '12,2621 stating that this application is considered a matter for local determination as there appears to be no si illcant count -vide or inter-community �p i act. L 4VPP DETERMINATION: 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. PROPERTY FACTI)2ESCRIPTION:° The.subject, 19,905 square feet, .45 acre,non-conforming,irregular-shaped parcel with two front yards, located in the R40 Zoning District measures 85.71 feet along Navy Street, then runs 154.15 feet along a residentially developed lot to the east, then runs west 54.53 feet along a second residentially developed lot to the north,then runs north 49.92 feet along the same neighbor,then runs 65.93 feet west along Willow Street (secondary road frontage), then runs 207.7 feet along a third, residentially developed parcel to the west, returning to Navy Street. The property is improved with a two-story wood-frame, seasonal residence with covered front porch, a wooden shed, a one- and one-half story wooden barn, stockade fencing and post & wire fencing as shown on the survey prepared by John T.Metzger,Licensed Surveyor, last dated December 3, 2020. BASISF APPLICATION: Request for Variances from Article III, Section 280-15; Article XXIII, Section 280- 124; and the Building Inspector's October 22, 2020 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling,and construct an in ground swimming pool; at 1)proposed additions located less than the code required minimum front yard setback of 35 feet; 2)the accessory swimming pool is located in other than the code permitted rear yard;located at: 95 Navy Street,Orient,NY.SCTM No. 1000-26-1-12.2. RELIEF RE 01.ESTED; The applicant requests variances to construct additions and alterations to an existing seasonal dwelling which include the expansion of an existing covered front porch attached to a single-family residence having a front yard setback of 2.72 feet where the Code requires a minimum 35 feet front yard setback. Page 2,December 2,2021 #7467,Bertault—Area Variances SCTM No. 1000-26-1-12.2 The front of the house that will be unaffected by the proposed construction currently measures 1.08 feet from the front yard property line resulting from the angled position of the residence on the subject property. The applicant also proposes to raise the existing seasonal dwelling two feet above the floodplain in order to make it FEMA compliant as a year-round residence.Further the applicant requests relief to locate an accessory in ground swimming pool measuring 10 feet by 21 feet in the front yard where accessory swimming pools are only permitted by Code in the.rear yard. Lastly,the application is subject to the Town of Southold Historic Preservation Commission as the property is located in the Orient Historic District,a designated National Historic District,which includes approximately 120 buildings. TOWN OF SOUTHOLD HISTORIC PRESERVATION COMMISSION;, The application was reviewed by the Town of Southold Historic Preservation Commission who offered copy of RESOLUTION #10.22.20.2 dated December 17,2020 denying the request for a Certificate of Appropriateness based on the applicant's submission of final proposal of the project to the Commission at the October 22, 2020 public hearing. In a NOTICE OF APPEAL dated February 3,2021,the applicant's attorney appealed to the Town of Southold Town Board pursuant to Code §170-11 seeking a reversal of the Resolution. The Town of Southold Historic Preservation Commission on April 15,2021 offered RESOLUTION#04.15.21.3 in consideration of design changes as amended` and proposed,held a vote on April 15,2021 to approve the modifications as applied for, and,the HPC withdrew the appeal and approved and accepted amended proposed drawings as alternations and additions to the existing dwelling as applied for. The amended plans prepared by Gary O'Connor,AIA are last revised March.11;2021 and labeled A- 5-,A-6,A-7. The Town of Southold Historic Preservation Commission previously approved the request for a Certificate of Appropriateness under.RESOLUTION 46.17.14.1 dated June 18, 2014 based on the applicant's public hearing on June 17, 2014 relative to the proposed relocation and preservation of an existing accessory barn and shed. On September 1, 2021 the Town of Southold Historic Preservation Commission submitted to the Board of Appeals a letter addressing their concerns over the open building permit-for this application relative to t alterations undertaken and 'proposed to-the as built accessory barn that were not in compliance with the 2014 HPC Certificate of Appropriateness for the existing accessory barn. A stop work order was issued by the Town of Southold Building Department for scope of work not in compliance with the 2014 HPC Certificate of Appropriateness RESOLUTION #6.17.14.1 dated June 18,2014. PRIOR APPROVALS AND PERMITS The subject parcel is the beneficiary of ZBA decision#5218 dated May 22,2003 allowing for the creation of a minor subdivision where the lots created, 2395 Village Lane and 95 Navy Street, (including the subject) would be non- conforming in size and would also maintain existing non-conformities relative to the existing placement of the seasonal residential structure and accessory garage built well before current zoning went into effect. The subject parcel is also the beneficiary of ZBA decision#6729 dated April 21, 2014 allowing for the relocation,preservation and restoration of an historic"accessory barn from a nonconforming front yard location on Navy Street to a non- conforming front yard location on Willow Street with a proposed 25-foot front yard setback,in order to avoid driving over an inground septic system in the Navy Street front yard.Failure to comply with this prior ZBA decision is also partially subject of the STOP WORK ORDER currently pending resolution(see below). As illustrated in the application,current lot coverage is 2,274 square feet,proposed increase in building lot coverage is 1,157 square feet representing a total of 17.2% lot coverage, if approved. The applicant proposes to lift the residential structure, two-feet above the flood plain, and install a new FEMA compliant foundation along with increasing habitable space, at the rear of the structure, to accommodate a first-floor bedroom and bathroom, the expansion of a non-habitable covered porch, new windows, new roofing, new siding — on the entire structure. Currently,the applicant has an open building permit,#4419, dated September 23, 2019,to relocate an existing barn building and shed as applied for per Landmarks Preservation Commission Certificate of Appropriateness and ZBA approval, with flood permit(Replaces BP#41328). Page 3,December 2,2021 #7467,BertauIt—Area Variances SCTM No. 1000-26-1-12.2 The subject property has a PRE-EXISTING Certificate of Occupancy, Z-30982, dated June 15, 2005 covering a seasonal one-family dwelling and two accessory storage buildings. On August 24,2021 a STOP WORK ORDER was issued by the Town of Southold Building Department,regarding construction beyond the scope of Building Permit#44198, pending resolution of the ZBA application. The STOP WORK ORDER was in response to excessive excavation at the site including the installation of masonry walls, considered fencing,along much of the perimeter of the property and the raising of the relocated barn onto an elevated concrete foundation thereby necessitating the construction of a ramped driveway to access the barn.proposed.to be converted to a garage and an accessory apartment from Willow Street with a slope of approximately 17%.The pool in the front yard is proposed to be located in an elevated earthen plinth in continuance with the concrete„retaining walls required for the elevated foundation of the historic bam proposed to be converted to a garage and accessory apartment in the related application#7468SE also before the Board. On August 6,2021 a NOTICE OF CLAIM, in the matter of the claim of Vincent Bertault against Town of Southold Zoning Board of Appeals was received. ON SITE DRAINAGE AND M ItNG PLAN. The applicant provided a copy of an email chain dated January 12,2021 from Damon Rallis,former Southold Town Building Department Plans Examiner, to Gary O'Connor,Architect, stating that he was sorry he forgot to tell the applicant that the Grading and Drainage Plan for the BertauIt application was approved by the Building Department. However,no record of the stamped approved plan was submitted by the applicant nor could it be found in the records of the Building Department. The applicant submitted a Grading and Drainage Plan to the ZBA by Condon Engineering,P.C.dated 12/14/2000 withouta stamped approval from the Building Department or the Southold Town Engineer, in contradiction to a letter dated June 11, 2021, in which the applicant's attorney stated that"All storm water management work is being conducted in accordance with a plan approved by the Southold Town Engineer. The Plan meets the requirements of the code.A copy of the plan has been submitted-to the ZBA." On June 16,2021- m i embers 021members of the Board of Appeals conducted a coordinated inspection of the subject premises with Michael Collins, Town of Southold Engineer to discuss the ongoing excavation on the subject property including the construction of a series of concrete retaining walls,before approvals had been granted by the Board. Collins informed the Board that he had not reviewed or approved a drainage and grading plan for the subject property. ADDITIONAJ.,INFORMATION At a public hearing the Board discussed with the applicant and his agents that two required off street parking spaces for the principal dwelling, accessed directly from Navy Street and near the dwelling, would be required per code. On June 3,2021 the applicant's architect Gary O'Connor provided an amended Site Plan,labeled A-1 showing one off street parking space accessed from Navy Street near the dwelling in the southwest corner of the property and a second proposed space accessed from Willow Street in the northwest comer of the property near the relocated barn. Numerous members of the public and immediate neighbors spoke against this application and submitted written objections to the proposed project y_ Multiple complaints by area residents are on file relative to work performed at the subject premises going back to 2013. The applicant concurrently is seeking approval for a Special Exception permit under ZBA file 97468SE for the conversion of the accessory storage barn into a garage with a workshop and an accessory apartment located on both the first and secondary floors. On June 3, 2021 the application was amended to include only first floor habitable space consisting of a full bathroom,kitchen and open living area measuring 227"by 17'2"(no bedroom)with a full staircase to a proposed storage area on the second floor, calculated at a conforming 478 sq. ft. of livable floor area (not confirmed by the Town Building Inspector as required) and a one car garage. As both applications were Page 4,December 2,2021 #7467,Bertault–Area Variances SCTM No. 1000-26-1-12.2 submitted at the same time and the proposed alterations are intrinsically intertwined,the public hearings were opened and heard simultaneously. Both hearings were closed at the October 7,2021 Regular Meeting of the Board of Appeals.FINDINGS_OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held public hearings on this application on March 4,2021;June 3,2021;and October 7,2021 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-bt3K6XIL Grant of the variance to raise and relocate the house,,from pre-existing, non- conforming front yard areas into new,non-conforming front yard locations will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant's property is located in a historic district that includes numerous buildings, including both principal dwellings and accessory structures,with non-conforming setbacks; all situated in locations that pre-date zoning. The average building front yard setback on Navy Street is estimated to be approximately 17+/-feet. The applicant proposes to maintain the current front yard setback of 1.08 feet and 2.72 feet relative to the proposed construction of an expanded 1,non-habitable,unenclosed front porch. The applicant's proposed additions and alterations to the historic dwelling received HPC approval on April 15,2021 via RESOLUTION#04:15:21.3. However,the installation of an elevated inground swimming pool; measuring 10 feet by 21 feet, proposed to be located in a front,yard where the code-requires such improvements to be located in a rear yard will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The subject parcel is located in a historic district where locating a pool in a front yard,despite the applicant having no other alternative location to place it, is not in keeping with the character of the historic community.. Furthermore,as a result of the Stop Work Order,dated August 24,2021,regarding construction beyond the scope of Building Permit#44198 the proposed pool would be located adjacent to and.on an elevated plinth with retaining walls associated with the relocated barn. 2. Town Law 67-b b 2 . The benefit sought by the applicant, relative to the requested front yard setback cannot be achieved by some method,feasible for the applicant to pursue,other than an area variance. The applicant's property is located between two streets,creating two front yards and the applicant's house is historically located 1.08 feet back from the front yard lot line where the code-requires 35 feet. The applicant could meet the average setback of area homes on Navy Street, approximately 17+/- feet. However, variance relief relative to a reduced front yard setback would still be required and financial and other expert evidence submitted by the applicant's attorney documents that the historic dwelling would be structurally at risk and be cost prohibitive to raise and move to a more conforming front yard setback.The benefit sought by the applicant,relative to the requested placement of an inground swimming pool in a front yard where the code requires such improvements to be located in the rear yard,cannot be achieved by some method,feasible for the applicant to pursue, other than an area variance. The applicant's property is a through lot with frontage on two streets,and therefore has two front yards and no rear yard. 3. town Law§267-_bQAbJ U3 . The variances granted herein are mathematically substantial, representing 96.9% relief from the code relative to the requested relief for a reduced front yard setback and 100% relief from the code relative to the requested relief for locating an inground swimming pool in a front yard location. However, the residential structure was built prior to zoning and the applicant proposes to maintain the existing front yard setback and increase it slightly for the proposed addition.Additionally, the proposed changes to the dwelling have received approval from the Town's Historic Preservation Commission. Swimming pools are not commonly located in front yards in this historic community or in non-waterfront parcels throughout the Town of Southold.Moreover,the subject property is located in a flood hazard zone: AE-6 ft. and the applicant is proposing to elevate both the renovated dwelling and the historic barn to FEMA compliance. However, pools located in flood prone areas are not in compliance with the policies of the Local Waterfront Revitalization Plan. The LWRP requires agencies reviewing Page 5,December 2,2021 #7467,Bertault—Area Variances SCTM No. 1000-26-1-12.2 actions to review them for consistency with the LWRP policies pursuant to section 268-5 of the Town Code. The Board hereby determines that the installation of an elevated in-ground pool in a front yard is inconsistent with Policy 1 which requires an action to foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location,and minimizes adverse effects of development pursuant to town code section 268-5 (1)(a) and Policy 4 which requires the action to be consistent with the policy to minimize the loss of life,structures and natural resources from flooding and erosion pursuant to town code section 268-5 (1) (d). 4. Town Law `267-b 3 'b 4 . No evidence has been submitted to suggest that a variance in this residential community for the additions and alterations to the dwelling will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant trust comply with Chapter 236 of the Town's Storm Water Management Code and the conditions imposed herein. 5. Town Law °2+67-b 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 on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6.'Town n Law 2+67-b. Grant of the requested relief relative to the front yard setback is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of alterations and additions to a single family residence with a proposed front yard setback of 1.08 feet for the pre-existing structure and 2.72 feet for the addition of a non- habitable, unenclosed front porch measuring 7.78 feet by 28.9 feet (228 square feet) and other conforming additions/improvements,and,the granting of the requested relief relative to the installation of an iniground swimming pool, located in a front yard, is not the minimum action necessary and adequate to enable to applicant to enjoy the benefit of this improvement while preserving and protecting the character of the neighborhood and the health,safety and welfare of the community. RESOL1:Tlt 'N OIC"1'111:BCAISD:In considering all of the above factors and applying the balancing test under New York Town Law 267-B,motion was offered by Member Weisman (Chairperson), seconded by Member Dantes,and duly carried,to GRANT the variance relative to the front yard setback for the renovated dwelling as applied for, as shown on the survey prepared by John T. Metzger, Licensed Surveyor last dated December 3,2020 and the site plan prepared by Gary R. O'Connor,Architect and dated December I5, 2020 and labeled A-1 through A-5. DENY the variance relative to the swimming pool as applied for SU131 C-17 TO TIII+ FOLLOW I'NG CONDITION& The entire covered front porch facing Navy Street(and the wrap-around portion)shall remain open and ( unenclosed.No installation of plastic sheeting,windows, screening or shuttering and the like is permitted, and the porch alust remain unheated and tjnwonditioiied. `"he app pie tuft shall subinit an artrended surveyor site plan stamped by a;licensed professional,depicting the .' appovedftont yap' w°a�ian , eliminating dre qtr lad"��nwl swilrimimtig pearl in the burnt yard, and showing the location of two off sucet parking spaces for the principal dwelling accessed directly from Navy Street. V,_3 ' pplicant shall install a new IA wastewater sanitary system that complies with Suffolk County Department of Health Services regulations. 4. Prior to receiving a building permit, the owner(s)of the subject property cited herein must sign a statement acknowledging: a.That the applicant(s) have read this determination and understand the limits of the variance relief granted herein; Page 6,December 2,2021 #7467,Bertault—Area Variances SCTM No. 1000-26-1-12.2 b. That the applicant(s)will immediately contact the Building Department if a demolition,as defined by Section 280-4 of the Town Code,' occurs during construction,or any construction undertaken in any other way exceeds the scope of the approvals granted herein, or the issued building permit; c. That the applicants are aware that the Zoning Board of Appeals retains jurisdiction until the issuance of the Certificate of Occupancy and has the right,after a public hearing,to modify,suspend or revoke such approvals or any-term or condition thereof or to impose thereon one or more new conditions;pursuant to Article XXV, Section 280-141 of the Town Code. 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 tl:e Building Inspector's Certi(liate 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. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department:of a bui/din; permit, and may require anew application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the-zoning code. This action does not authorize or condone any current orfuture 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. 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 an extension not to exceed three (3) consecutive one (1)year terms. Vote of the Board.- Ayes: Members Weisman, (Chairperson), Dantes, Acampora, Planamento, and Lehnert. This l .eso' n was duly adopted(5-0). Leslie 1 es Weisman,Chairperson Approved for filing 124 k./2021 NOTE: Section 280-4 of the Town Code defines"Demolition"as any removal of a structure or portion thereof,where the total cost of the reconstruction of the structure or portion thereof exceeds 50%of the market value of the existing structure before the start of removal. Generated by REScheck-Web Software Compliance fiance C tii icate Project Bertault Residence Energy Code: 2018 IECC Location: Southold, New York Construction Type: Single-family Project Type: Addition Climate Zone: 4 (5572 HDD) Permit Date: Permit Number: Construction Site: Owner/Agent: Designer/Contractor: 95 Navy Street Vincent Bertault Gary O'Connor Orient, NY 11957 95 Navy Street Gary R. O'Connor-Architect Orient, NY 11957 8 Coryell Street City Lambertville, NJ 08530 6093973635 gary@grocarchitects.com Compliance: 0.2%Better Than Code Maximum UA: 402 Your UA: 401 Maximum SHGC: 0.40 Your SHGC: 0.26 The%Better or worse Than Code Index reflects how close to compliance the house is based on code trade-off rules. It DOES NOT provide an estimate of energy use or cost relative to a minimum-code home. Slab-on-grade tradeoffs are no longer considered in the UA or performance compliance path in REScheck. Each slab-on-grade assembly in the specified climate zone must meet the minimum energy code insulation R-value and depth requirements. �n �l��e ,A� errlf�li� NOMINEE Ceiling -existing house: Flat Ceiling or Scissor Truss 598 49.0 0.0 0.026 0.026 16 16 Ceiling -Foyer/Powder Rm Area at Addition: Flat 91 38.0 0.0 0.030 0.026 3 2 Ceiling or Scissor Truss Ceiling -BR/Pantry/Utility/Bath: Flat Ceiling or Scissor 367 38.0 0.0 0.030 0.026 11 10 Truss Ceiling -Dining Rm: Cathedral Ceiling 222 0.0 38.0 0.025 0.026 6 6 Ceiling -Kitchen: Cathedral Ceiling 311 0.0 38.0 0.025 0.026 8 8 Walls North -Existing: Wood Frame, 16" o.c. 208 15.0 9.0 0.043 0.060 7 9 Window Double Hung: Wood Frame SHGC: 0.29 14 0.290 0.320 4 4 Window- Double Hung: Wood Frame 12 0.290 0.320 3 4 SHGC: 0.29 Window-Double Hung: Wood Frame 12 0.290 0.320 3 4 SHGC: 0.29 Window Double Hung: Wood Frame 14 0.290 0.320 4 4 SHGC: 0.29 Walls North-New Addition: Wood Frame, 16" o.c. 439 21.0 9.0 0.036 0.060 11 18 ... ...�......._.. ... ..... ............... _ ............� Project Title: Bertault Residence Report date: 06/14/22 Data filename: Page 1 of 4 Door-Folding: Glass Door(over 50%glazing) 96 0.550 0.320 53 31 SHGC: 0.20 Window Double Hung:Wood Frame 14 0.290 0.320 4 4 SHGC: 0.29 Window-Casement: Wood Frame 12 0.290 0.320 4 4 SHGC: 0.29 Window-Clerestory- Fixed: Wood Frame 5 0.290 0.320 1 1 SHGC: 0.29 Window-Clerestory- Fixed: Wood Frame 5 0.290 0.320 1 1 SHGC: 0.29 Window-Clerestory- Fixed: Wood Frame 5 0.290 0.320 1 1 SHGC: 0.29 Window-Clerestory-Fixed: Wood Frame 5 0.290 0.320 1 1 SHGC: 0.29 Window-Clerestory-Fixed: Wood Frame 5 0.290 0.320 1 1 SHGC: 0.29 Walls East(Existing): Wood Frame, 16" o.c. 294 15.0 9.0 0.043 0.060 10 14 Door: Solid Door(under 50%glazing) 18 0.410 0.320 7 6 Window Double Hung:Wood Frame 14 0.290 0.320 4 4 SHGC: 0.29 Window Double Hung: Wood Frame 14 0.290 0.320 4 4 SHGC: 0.29 Window Double Hung:Wood Frame 9 0.290 0.320 3 3 SHGC: 0.29 Window Casement: Wood Frame 9 0.290 0.320 3 3 SHGC: 0.29 Walls East-(New Addition): Wood Frame, 16" o.c. 358 21.0 9.0 0.036 0.060 10 17 Window Double Hung: Wood Frame 14 0.290 0.320 4 4 SHGC: 0.29 Window Double Hung: Wood Frame 14 0.290 0.320 4 4 SHGC: 0.29 Window Double Hung: Wood Frame 6 0.290 0.320 2 2 SHGC: 0.29 Window Awg:Wood Frame 6 0.290 0.320 2 2 SHGC: 0.29 Window Awg: Wood Frame 6 0.290 0.320 2 2 SHGC: 0.29 Window Awg:Wood Frame 6 0.290 0.320 2 2 SHGC: 0.29 Window fixed transom:Wood Frame 4 0.290 0.320 1 1 SHGC: 0.29 Window fixed transom: Wood Frame 4 0.290 0.320 1 1 SHGC: 0.29 Window fixed transom: Wood Frame 4 0.290 0.320 1 1 SHGC: 0.29 Window-Clerestory- Fixed: Wood Frame 4 0.290 0.320 1 1 SHGC: 0.29 Window-Clerestory- Fixed: Wood Frame 4 0.290 0.320 1 1 SHGC: 0.29 Walls South (existing building): Wood Frame, 16" o.c. 402 15.0 9.0 0.043 0.060 13 18 Door: Solid Door(under 50%glazing) 18 0.410 0.320 7 6 Window -Fixed Side lights-Entry Door: Wood Frame 13 0.290 0.320 4 4 SHGC: 0.29 Window-Double Hung: Wood Frame 14 0.290 0.320 4 4 SHGC: 0.29 ....... ........ .............. Project Title: Bertault Residence Report date: 06/14/22 Data filename: Page 2 of 4 U Window-Double Hung: Wood Frame 14 0.290 0.320 4 4 SHGC: 0.29 Window-Double Hung Wood Frame 14 0.290 0.320 4 4 SHGC: 0.29 Window-Double Hung:Wood Frame 12 0.290 0.320 3 4 SHGC: 0.29 Window-Double Hung;Wood Frame 12 0.290 0.320 3 4 SHGC: 0.29 Walls South (New Addition): Wood Frame, 16" o.c. 250 21.0 9.0 0.036 0.060 8 13 Door-Kitchen: Glass Door(over 50% glazing) 18 0.610 0.320 11 6 SHGC: 0.17 Window-Double Hung: Wood Frame 14 0.280 0.320 4 4 SHGC: 0.37 Walls West-(Existing):Wood Frame, 16" o.c. 345 15.0 9.0 0.043 0.060 12 17 Window-Double Hung: Wood Frame 14 0.290 0.320 4 4 SHGC: 0.29 Window-Double Hung: Wood Frame 14 0.290 0.320 4 4 SHGC: 0.29 Window-Double Hung: Wood Frame 14 0.290 0.320 4 4 SHGC: 0.29 Window Double Hung: Wood Frame 9 0.290 0.320 3 3 SHGC: 0.29 Window Casement: Wood Frame g 0.290 0.320 3 3 SHGC: 0.29 Window Double Hung: Wood Frame 6 0.290 0.320 2 2 SHGC: 0.29 Walls West(New): Wood Frame, 16" o.c. 396 21.0 9.0 0.036 0.060 8 13 Door-Folding: Glass Door(over 50%glazing) 88 0.550 0.320 48 28 SHGC: 0.20 Window-Double Hung: Wood Frame 14 0.290 0.320 4 4 SHGC: 0.29 Window-Double Hung: Wood Frame 14 0.290 0.320 4 4 SHGC: 0.29 Window-Double Hung: Wood Frame 14 0.290 0.320 4 4 SHGC: 0.29 Window-Double Hung: Wood Frame 14 0.290 0.320 4 4 SHGC: 0.29 Window-Double Hung: Wood Frame 14 0.290 0.320 4 4 SHGC: 0.29 Window-Clerestory-Fixed: Wood Frame 4 0.290 0.320 1 1 SHGC: 0.29 Window-Clerestory- Fixed: Wood Frame 4 0.290 0.320 1 1 SHGC: 0.29 Window-Clerestory- Fixed: Wood Frame 4 0.290 0.320 1 1 SHGC: 0.29 Window-Clerestory- Fixed: Wood Frame 4 0.290 0.320 1 1 SHGC: 0.29 Window-Clerestory- Fixed: Wood Frame 4 0.290 0.320 1 1 SHGC: 0.29 Floor-Existing house: All-Wood Joist/Truss 565 30.0 0.0 0.033 0.047 19 27 Floor-New Heated Slab on Grade: Slab-On-Grade (Heated) 890 15.0 0.440 0.645 0 0 Insulation depth: 4.0' Project Title: Bertault Residence _ Report date: 06/14/22 Data filename: Page 3 of 4 Compliance Statement. The proposed building design described here is consistent with the building plans,specifications, and other calculations submitted with the permit application.The proposed b gilding has been designed to meet the 20 .8 IECC requirements in q � Inspection Checklist. REScheck Version : REscheck-Web and to complywith the manda r re uireme is listed "n REclieck Bns � 2Z N nil. Sic e Beate �. ...... ..... _..._ ... ... .. .__ Project Title: Bertault Residence Report date: 06/14/22 Data filename: Page 4 of 4 R Nunemaker, Amanda From: vincent bertault <vbertault@yahoo.com> Sent: Friday, October 7, 2022 3:29 PM To: Nunemaker,Amanda Cc: Gary O'Connor; Eric Bressler; Burke,John Subject: Re:Approvable Septic Plans, #7467 Bertault-95 Navy Street, Orient Follow Up Flag: Follow up Flag Status: Completed Amanda, Thank you, I will make sure to get this drawing to you as soon as it is available. Best Regards, Vincent Bertault On Friday, October 7, 2022, 03:21:08 PM EDT, Nunemaker, Amanda <amanda.nunemaker@town.southold.ny.us> wrote: Hi Vincent, Due to the fact that the County system is down, and I did receive a verbal from the Health Department today that the approval on their end does not have the"unofficial copy" stamped on their copy, I will issue the permit. However, please make sure you forward the approval once the server is up again so it doesn't present any possible issues in the future. Thank you. From: vincent bertault<vbertault@yahoo.com> Sent: Friday, October 7, 2022 3:09 PM To: Nunemaker, Amanda <Amanda.Nunemaker@town.south old.ny.us> Cc: Gary O'Connor<gary@grocarchitects.com>; Eric Bressler<ebressler@wbglawyers.com>; Burke, John <johnbu@southoldtownny.gov> Subject: Fw: Approvable Septic Plans, #7467 Bertault-95 Navy Street, Orient Amanda, I was informed by our architect Gary O' Connors this morning of this issue after your phone call. He informed me that you spoke with the Health Department too. The Building Department will release the plan only to the owner or his/ her's agent. I spoke at length with the staff this morning from the Health Department, Wastewater Management and Grant Departments which I dealt with for the last two years. As of now, they actually cannot send anything out of their building (pdf) following their recent ransom cyber attack. The plans as you can read below are on their server. Not sure how to get them as I do not have access to their server. 1 RSION: 645 L® +1,734 LS 0 L6 ®MENT f UNOFFICIAL , J� p � 7 � r for price 9 purposes u oses o r1/}/ Lig ,: Plans are prepared by Condon m - Engineering,P.C. It is a violation of the New York State Education Law,Article 145,Section 7209,For any persori unless acting under the direction of a licensed Professional Engineer,Architect,or Land Surveyor,{'a alter any i¢errs in ally way,II' an stem bearing,Iheoaf o{an E:ngrneerr, . Archite ,our Land Surveyor is aktered.{I're i ax altering Engineer,Architect,or Land Surveyor shall afFrx to the item his/her sealand the notation'A{tered by' folW wed by hiAher si;Jnatura and the date of such alterations,and a specific m � W " description of the al4eratian. 3/1/22 REMOVE FUTURE POOL r Id l 9/2/21 REMOVE PROP,ADDITIONS 5/12/21 SCDHS COMMENTS 4/2121 SCDHS COMMENTS ° 1116121 SCDHS COMMENTS u • � �.� � S90NS REVI .�.�. n r` ii ...�...�.,_.�HEALTH D DEPARTMENT T APPRO! AL STAMP , , S.C.T.M.: DIST. 1000 SEC. 26 BLK. 1 LOT. 12.2 P.C. LOT 2'SUBDIVISION P FOR JOHN H.WOODHOUSE &JER{Ly ' X55 Si s S.WO HOUSE'FILED APRIL 19,2M FILE No.11245, o95 NAVY STREET buck New York 11952 OF ORIENT, NY -1986 (631) 1 fax ondonengineering,com