HomeMy WebLinkAbout48503-Z TOWN OF SOUTHOLD
� tk 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#: 48503 Date: 11/17/2022
Permission is hereby granted to:
Mallas, Stella
420 Summit Dr
Mattituck, NY 11952
To construct accessory in-ground swimming pool as applied for per ZBA approval.
At premises located at:
420 Summit Dr, Mattituck
SCTM # 473889
Sec/Block/Lot# 106.-2-8
Pursuant to application dated 9/4/2022 and approved by the Building Inspector.
To expire on 5/18/2024.
Fees:
SWIMMING POOLS -IN-GROUND WITH FENCE ENCLOSURE $250.00
CO- SWIMMING POOL $50.00
Total: $300.00
Buil g Inspector
, Y TOWN OF SOUTHOLD—BUILDING DEPARTMENT
Y Town Hall Annex 54375 Main Road P. O.Box 1179 Southold,NY 11971-0959
x Telephone(631) 765-1802 Fax(631) 765-9502 lel s://Mvw. outho1dtownn , o
Date Received
APPLICATION FOR BUILDING PERMIT
For Office Use Only �".. 11 dr
f
PERMIT N0. Building Inspector:
r i
Applications and forms must be filled out in their entirety. Incomplete
applications will not be accepted. Where the Applicant is not the owner,an 7
owner's Authorization form(Page 2)shall be completed.
Date::
OWNER(S)OF PROPERTY:
Name:Perry and Stella Mallas SCTM#1000-106-02-08
ProjectAddress:420 Summit Drive, Mattituck NY 11952
Phone#:917-416-3314 Email:Perry.Mallas@gmail.com
Mailing Address:50 West Street, Apartment 12-13, NY, NY 10006
CONTACT PERSON:
Name:Michael Macrina Architect RC
Mailing Address:21 Main Street, Stony Brook NY 11790
Phone#:631-686-6585 Email:mmacrina@mmarchitectaia.com
DESIGN PROFESSIONAL INFORMATION:
Name:Michael Macrina Architect RC
Mailing Address:21 Main Street, Stony Brook NY 11790
Phone#:631-686-6585 Email:mmacrina@mmarchitectaia.com
CONTRACTOR INFORMATION:
Name:
Mailing Address:
Phone#: Email:
DESCRIPTION OF PROPOSED CONSTRUCTION
BNew Structure ❑Addition ❑Alteration ❑Repair ❑Demolition Estimated Cost of Project:
I]0therQ0WNka $
Will the lot be re-graded? ❑Yes BNo Will excess fill be removed from premises? ❑Yes WNo
1
PROPERTY INFORMATION
Existing use of property: Intended use of property:Residential
Zone or use district in which premises is situated: Are there any covenants and restrictions with respect to
this property? OYes IRNo IF YES, PROVIDE A COPY.
J9-Check Box After Reading-,-The ower/contractor/design professional is a sponslbl for a[I'drainalp,ands rm water issues ass pr&Adedby
qapter 2m of the Town,Code, APPucgTloN 5 HEREBY MADE-to the,aulPding Department for the Issuance:of,a Buntline Permit pursuant to the Building zone
Ordinance of the Town at Southold,Suffolk,County,New York and other'appiltable Caws,Ordinances or Regulations,#or the constrmicwtion of buildings,
additions;,alterations orfor removal or demolition as herein described.The applicant agrees to comply with,all alrplica ie laws,ordinantei,building code,
housing code and regulations and to admit authorized inspectors on premises and in bulf-dingfsl for necessary inspections.False siatementS rnade;hereln are
punishable as a class It misdemeanor pursuant to Section 210.45 of the Newrlrork State Penal Caw:
►%,C kAO" se
Application Submitted By(print name):' ,uthorized Agent wner
Signature of Applicant: Date:
STATE OF NEW YORK)
SS:
COUNTY OF N EW y 0 U
sttlktcts being duly sworn,deposes and says that(s)he is the applicant
(Name of individual signing contract)above named,
(S)he is the b VJ VL,0'
(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 fie er,ew"ith.
Sworn before me this
I day of 20 '2'2- Nota Public
rY �
PERR ON !RE STEVEN
PROPERTY OWNER AUTHORIZATION Nr�t t^�Pu II St t Ns�a V
No PE6368561
(Where the applicant is not the owner) I tIBIlfied Iia N,eW Yak County
Commission Expires December 18.
I, residing at
do hereby authorize to apply on
my behalfo the Town of Southold Building Department for approval as described herein.
I
vvner"s Signatrrr ante
Print Owner's Name
2
BOARD MEMBERS SOSouthold Town Hall
Leslie Kanes Weisman,Chairperson "� SO Southold
53095 Main Road-P.O.Box 1179
Southold,NY 11971-0959
Patricia Acampora Office Location:
Eric DantesCA Town Annex/First Floor,
Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue)
Nicholas Planamento IT, Southold,NY 11971
http://southoldtownny.gov
RECEIVED
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel.(631)765-1809-Fax(631)765-9064 JUN 2 3 2022
FINDINGS, DELIBERATIONS AND DETERMINATIuthold Town Cleric
MEETING OF JUNE 16,2022
ZBA FILE: 7633
NAME OF APPLICANT: Stella Mallas
PROPERTY LOCATION: 420 Summit Drive, Mattituck,NY SCTM No. 1000-106-2-8
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 ADMM.STR.ATWE CODE: (This application was not required to be referred to the Suffolk
County Department of Planning under the Suffolk County Administrative Code Sections A 14-14 to 23.
LWRP DETERMINATION: The 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 FACTSMESCRIPTION., The subject property is a 23,340 sq.ft.non-conforming parcel located in an
R-40 Zoning District. The parcel has a 175.00 feet frontage on Summit Drive,then turns south for 140.91 feet toward
the rear property line where it turns west for 181.9 feet before returning for 121.35 feet back to Summit Drive. The
property is improved with an existing two-story house along with various retaining walls and an existing chicken
coop at the western end of the property. All as shown on survey prepared by Ralph D.Heil,L.S.,revised November
24,2021.
BASIS OF APPLICATION: Request for Variances from Article III, Section 280-15; Article XXIII, Section 280-
124; and Building Inspector's December 15, 2021 Notice of Disapproval based on an application for a permit to
demolish and construct a single family dwelling, construct an accessory in-ground swimming pool, construct an
accessory garage and legalize an "as built" accessory coop at; 1) dwelling located less than the code required
minimum rear yard setback of 50 feet; 2) accessory garage located in other than the code permitted rear yard; 3)
swimming pool located in other than the code permitted rear yard; 4) coop located less than the code required
minimum rear yard setback of 10 feet; 5)coop located less than the code required minimum side yard setback of 10
feet; located at 420 Summit Drive,Mattituck,NY. SCTM No. 1000-106-2-8.
RELIEF REQUESTED: The applicant requests variances for the following:
a) Variance for the code defined 1 demolition of the house with an existing rear yard setback of 19.8 feet where a
minimum of 50 feet is required.
b) The proposed accessory garage is placed in the side yard where a rear yard placement is required.
W o
Page 2,June 16,2022
#7633,Mallas
SCTM No. 1000-106-2-8
c) The proposed inground swimming pool is placed in the side yard where a rear yard placement is required.
d) The "existing" chicken coop has a rear and side yard setback of.4 feet where a minimum rear and side yard
setback of 10 feet is required.
ADDITIONAL INFORMATION: The current house on the property was built in the early 1970's and has a
Certificate of Occupancy(#4445)dated October 28, 1971. There is another Certificate of Occupancy(#5798)dated
Feb 20, 1974 for the same one-family house. There was an alteration of the porch to a sunroom which has a
Certificate of Occupancy(#35537)dated April 13,2012. The Board received three letters in support from neighbors.
FINDINGS OF FACT/REASONS FOR BOARD ACTION:
The Zoning Board of Appeals held a public hearing on this application on June 2. 2022 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-b, b I . Grant of the variances will not produce an undesirable change in the character of
the neighborhood or a detriment to nearby properties. Due to the location and elevation of the house,which is set to
the rear of the property,there is no other feasible location for an accessory garage and swimming pool. The proposed
garage and swimming pool are set to the rear of the house,but due to the shape of the house they fall in the side yard.
The setback variance for the house results from to the amount of construction and work done to the house which by
code is deemed a demolition,but the footprint of the existing house is to remain the same. As for the chicken coop,
it is set back along a high retaining wall, and is not visible from either the street or the neighboring properties.
Therefore,there will be no change in the character of the neighborhood.
2. "Town Law 267"-b 3 b 2 , The benefit sought by the applicant or cannot be achieved by some method,feasible
for the applicant to pursue,other than an area variance. Due to the existing location of the house,and the amount of
work being proposed, it would require an area variance. The proposed accessory structures would also require area
variances due to the existing house location. Therefore,there is no feasible method other than an area variance to
complete the proposed work.
3. Town'Law 267-b b ;3 . The variances granted herein are mathematically substantial.
a) The technical demolition of the house and placing the dwelling 19.8 feet from the rear yard property line
represent 61 %relief from the code.
b) Both the proposed detached accessory garage and in-ground swimming pool represents 100%relief from the
code.
c) The existing"as-built"chicken coop represents almost 99%relief from the code.
However,the footprint of the existing house is not changing,which makes the setback compliant with the previous
Certificate of Occupancy. This puts the location of the accessory structures in the only feasible space, while still
behind most of the house,but still in the side yard. The chicken coop cannot be seen from either the road or the
neighbors due to its location and the retaining walls it sits near.
4. Tawat 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
property is significantly screened from neighbors with vegetation. The applicant must comply with Chapter 236 of
the Town's Storm Water Management Code and the conditions of this board.
Page 2,June 16,2022
#7633,MaIlas
SCTM No. 1000-106-2-8
5. Town Law 267-b b . 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 Law 67-b. Grant of the requested relief is the minimum action necessary and adequate to enable the
applicant to enjoy the benefit of a renovated house, accessory garage, swimming pool, and chicken coop while
preserving and protecting the character of the neighborhood and the health,safety and welfare of the community.
RESOLUTION OF THE BOARD:In considering all of the above factors and applying the balancing test under New
York Town Law 267-B,motion was offered by Member Lennert, seconded by Member Dantes, and duly carried,to
GRANT the variances as applied for and shown on the survey prepared by Ralph O' Heil, L.S., last revised
November 24,2021,and Architectural Plans(Sheets A-1 thru A-4)drawn by Michael Macrina,Architect,last revised
January 25,2021.
SUBJECT TO TBE FOLLOWING CONDITIONS:
1. Swimming Pool pump equipment/mechanicals must be located a minimum of 20 feet from any property
line or be contained in a shed type enclosure with a lot line set back that is in conformance with the bulk
schedule for accessory structures.
2. A Drywell for pool de-watering shall be installed.
3. 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 Iimits of the variance relief granted
herein.
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.
4. The applicant must apply to the Building Department for a building permit for the "as built"
improvement(s) within 90 days of the date of this decision and submit same to the Office of the
Zoning Board of Appeals, or submit a written request for an extension to the Board of Appeals
setting forth the reason(s)why the applicant was unable to obtain a building permit in the time
allotted.
5 The applicant must obtain a Certificate of Occupancy from the Building Department for the"as built"
improvement(s)and submit same to the Office of the Zoning Board of Appeals within 12 months of this
decision or submit a written request for an extension to the Board of Appeals setting forth the reason(s)
why the applicant was unable to obtain a Certificate of occupancy in the time allotted.
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.
Page 2,June 16,2022
#7633,Mallas
SCTM No. 1000-106-2-8
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.
Any deviation from the survey, site plan andldr architectural drawings cited in this decision will result in delays
andl'or a possible denial by the Building Department of a building permit,, and may require a new application and
public hearing before the Zoning Board of Appeals.
Any devi=ation from the variance('s)granted herein as shown on the architectural drawings„ site plan andlor survey
cited above, such as alterations,extensions, or demolitions, are not authorized under this application when involving
nonconformities under the zoning code. This action dates not authorize or condone any 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.
IMPORTANT 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 an extension not to exceed three(3) consecutive one
(1)year terms.IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE
COMPLIANCE WITH THE CODE REQUIRED 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. This
Resolution was duly adopted(5-0)
(
Leslie Kanes Weisman, Chairperson
Approved for filing 6 ///;' /2022
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bond beam
2"x12"bluestone copingPOOL GENERAL NOTES
: W5�_3 n: :
grade ------_-------_----__- 1. All construction is to be in accordance with chapter 42
of the 2020 Residential Code of New York State �l�1-h Z
water line and the ANSI/NSPI-5 standards for residential
inground swimming pools. KA
Tile edge 1 C
2. Structure is designed for use below grade and
Smooth finish coat only in areas where the ground water table is -a C r'
a minimum of 72" below the proposed finished grade.
Grid of#4 reinforcing steel 3. Backfill with clean earth free of roots and debris.T1 IM Arch e C�
a at 10"oc each way, 5"oc Do not allow the height of backfill to exceed the
vertically at all depths over 5ft. g
height of the water in the pool by more than 8", 21 Main Street Stony Brook NY 11790
or the water to exceed backfill by more than 8".
a 4. Place concrete on sandy to loam soil. Remove k
b
l
t it&d
clay phone. 631 686-6585
26'-0" 6"-8"thick unite structural y ay eposcompact clean backfill.9 i%_J ,; fax. 631 686-6786
wall (4,500 psi) 5. Walks to be smooth, non skid type, sloped I email. MMacrina@optonline.net
away from pool. SEP (I ? 9097 I web. MMArchitectAlA.com
° 2"forming layer ; 4
6. Water disposal shall be limited to owners mese plans are an instrument of service and are
f:
property in accordance with local regulations. „ ; the exclusive property of the architect.Infringements of the concepts and design ideas
presented on these drawings shall be prosecuted
7. Property owner is responsible to install permanent to the fullest extent of the law. Copyright 2019:
fence around pool in accordance with chapter 42 Michael Macrina Architect, pc. All rights reserved,
no part of the plans may be reproduced without
°
of the 2020 Residential Code of New York State the expressed written consent of the architect.
Permanent enclosure must be completed
within ninety days after the date of
a °
commencement of construction. Drawing Status
1 1 d e
d ° 8. This pool shall be equipped with an approved
Pool
° a pool alarm which is classified by underwriters
laboratory to references standard ASTM F2208
In-Ground o entitled "Standards Specification for Pool Alarms"
Gunite - Pool alarm to be capable of detecting entry into the water and S S u e d for
Swimming Pool Typ . Detail of pool construction sounding an audible alarm upon detection that is audible at poolside
(4 ft. deep) .. _ 1 .-O.. and inside the dwelling. The alarm must be installed, maintained
and used in accordance with the manufacturer's instructions. Consti u c I o n
9. No soil surcharge permitted within 4ft of excavation at
the shallow end, or 6ft of excavation at deep end.
10. Pool suction fittings (except for surface skimmers) must be provided with
a cover that conforms to ASME/ANSI Al 12.19.8M or a min. 18"x23"drain
grate or a channel drain system. Pool circulation system must be equipped Dates
with atmospheric vacuum relief in the event the grate covers located within
the pool become missing or broken. Such vacuum relief systems shall conform 9/1/22 Issued for Construction
with ASME Al 12.19.17 or be a gravity system approved by the town having
Swimming Pool PIan jurisdiction. Pool shall be provided with a min. of 2 suction fittings of the above
mentioned type, the suction fittings shall be separated by a min. of 36" and must
1/4" = 1 '-O" be piped such that water is drawn through them simultaneously through a
vacuum relief-protected line to the pump (or pumps).Vacuum/ pressure cleaning
fittings shall be in an accessible position, min. of 6"and no greater than 12" below
the min. operational water level or be an attachment to the skimmer/skimmers.
A required pool atmospheric vacuum relief system shall be installed as per
sect. R326.6.3 of the 2020 Residential Code of N.Y.S. and in accordance
with town code.
11. All electrical work shall comply with the requirements of NFPA 70 (NEC)
principally article 680 and the 2020 Residential code of N.Y.S. sections No. Date Description
grade to top of wall to of wall P grade E4201 through E4206. All electrical devices must be approved by underwriters
top of water top of water VIII laboratories and be protected by a ground fault current interrupter(GFCI) Project
current carrying electrical conductors except for those providing power to
pool lighting and pool equipment shall meet the separation requirements of ro p os e d
table E4203.5. All metal enclosures, fences or railings near or adjacent to the
swimming pool that may become electrically charged due to contact with Pool
an electrical circuit shall be effectively grounded.
12. All drainage from the pool shall be maintained on the subject property.
Section longitudinal tl-trru swimming pool For
POOL BARRIER NOTES : Perry
1. All pool compliant fencing and gates are to conform to section $( Stella
326 of the 2020 Residential Code of New York State.
3"PVC suction line to filtration system —j um 2. The top of the barrier fence shall be a min. of 48"above grade Mallas
P P measured on the side of the barrier which faces awa
3"PVC suction line to filtration system check y from
� valve the swimming pool.
420 Summit Drive
3. The bottom of the fence to grade shall be a max. of 2" space.
skimmer skimmer Mattituck, NY
4. Openings in the barrier fence shall not allow a passage of
diverter to a 4"dia. sphere.
valve drywell Jurisdiction
5. Chainlink fences shall have a max. mesh size of 2.25"
6. All gates shall be self-closing & self-latching and must open Town of Southold
outward, away from the pool.
floor main
All ates shall have a latch handle located within the enclosure Suffolk County
return drain 9
P oo I filter (on the pool side of the enclosure) a min. of 54"from the bottom
Deep En of the gate.
(8 ft. deep) All gates shall be securely locked with a key, combination or Drawn By: p
separation other child proof lock sufficient to prevent access to the M.A.M. Pti Mq�ti��
swimming pool through such gate when the swimming pool is
not in use or supervised. Checked By:
floor main M.A.M. _.�_
7. A temporary
return drain barrier shall be at least 48 inches above grade `�� 31286,,
0
measured on the side of the barrier which faces away from Job No. F
the swimming pool. 2013
The temporary barrier shall remain in place throughout the
period of construction of the swimming pool, Sheet Title
until the completion of a permanent enclosure.
Pool Drawings
2-1/2"PVC return from filtration
- Notes
f-
2"PVC return from filtration check - Detail
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Swimming Pool Plumbing Plan
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