HomeMy WebLinkAbout48893-Z " TOWN OF SOUTHOLD
a* BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
a 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 #: 48893 Date: 2/10/2023
Permission is hereby granted to-
Rend Michael
25 Laurel Ln
SagHarbor NY 11963
To: legalize an as-built front stoop and rear deck addition to existing single-family dwelling
as applied for per Trustees and ZBA approvals.
At premises located at:
130 W Lake Dr, Southold
SCTM #473889
Sec/Block/Lot# 90.-1-19
Pursuant to application dated 1/27/2023 and approved by the Building Inspector.
To expire on 8/11/2024.
Fees:
AS BUILT- SINGLE FAMILY ADDITION/ALTERATION $793.60
CO-ADDITION TO DWELLING $50.00
Total: $843.60
iIn pector
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) 765-95021�tt a�w . otnt) cldtowtt� . Dov
IWIV J I-.
APPLICATION FOR BUILDING PERMIT
For Office Use Only
KqPERMIT NO. 3 Building Inspector:
iii" r
Applications and forms must be filled out in their entirety. Incomplete
applications will not be accepted. Where the Applicant is not the owner,an - told a .
Owner's Authorization form(Page 2)shall be completed.
Date:3/31/22
OWNER(S)OF PROPERTY:
Name:Victor and Gloria Alsobrook SCTM# 1000-90.-1 49
Project Address:130 West Lake Drive, Southold
Phone#:631-315-6070 Email Milnnegan@northfork-legal.com
Mailing Address:sarne
CONTACT PERSON:
Name:Martin Finnegan
Mailing Address:P.O. Box 1452, Mattituck, NY 11952
Phone#:631-315-6070 Email:mfinnegan@northfork-legal.com
DESIGN PROFESSIONAL INFORMATION:
Name:James Deerkoski, P.E.
Mailing Address:
Phone#:631-298-7116 sdeerkoski@yahoo.com
CONTRACTOR INFORMATION:
Name
Mailing Address:
Phone#: Email:
DESCRIPTION OF PROPOSED CONSTRUCTION
❑New Structure ❑Addition ❑Alteration ❑Repair ❑Demolition Estimated Cost of Project:
DOtheras-built $
Will the lot be re-graded? ❑Yes ®No Will excess fill be removed from premises? ❑Yes ®No
1
PROPERTY INFORMATION
Existing use of property:Residential Intended use of property:same
Zone or use district in which premises is situated: Are there any covenants and restrictions with respect to
R-40 this property? ❑Yes ®No IF YES, PROVIDE A COPY.
9 Check BOD(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.
Martin Finne n- ..
Application Submitted By(print name): BAuthorized Agent []Owner
Signature of Applicant: Date:3/31/22
STATE OF NEW YORK)
SS:
COUNTY OF Suffolk )
Martin Finnegan
being duly sworn, deposes and says that (s)he is the applicant
(Name of individual signing contract)above named,
Agent
(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
31 March 22
day of , 20
Notary Public
SCHWEITZER ANNALISE
PROPERTY OWNER AUTHOfflZATION NOTARY PUBLIC•STATE OF NEW YORK
NO.01 SC6409457
(Where the applicant is not the owner) QUALIFIED IN SUFFOLK COUNTY
MY COMMISSION EXPIRES SEP 26.20 -2
Victor Alsobrook 130 West Lake Drive
I, residing at
Martin Finnegan
do hereby authorize to apply on
mZbh f o the Town of Southold Building Department for approval as described herein.
3/31/22
Owner's Signature Date
Victor Alsobrook
Print Owners Name
2
Glenn Goldsmith,President Town Hall Annex
54375 Route 25
A.Nicholas Krupski,Vice President
P.O.Box 1179
Eric Sepenoski Southold,New York 11971
Liz Gillooly Telephone(631) 765-1892
Elizabeth Peeples Fax(631) 765-6641
Cou
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
CERTIFICATE OF COMPLIANCE
# 1910 C Date: April 13,2022
THIS CERTIFIES that the existing 29'x9' side brickorieh.a 2h'x15' brick oatio at epd&arwd.
a rear wycoden ec 24. 'x 15'5"dee 37'above rade with 5' "x ' "wide access stairs
seaward of the deck lyipg 32.6' landward of existing perm,m,itted timber bulkhead,
At 130 MLest,Lake Drive Southold
Suffolk County Tax Map 410100-90-1-19
Conforms to the application for a Trustees Permit heretofore filed in this
office Dated March 23, 2022 pursuant to which Trustees Administrative Permit#10101A
Dated April 13, 2022,was issued and conforms to all
the requirements and conditions of the applicable provisions of law. The project
for which this certificate is being issued is
for the existln 29'x9' side brick R2rch,.a 26'x;15' bri,k_natio at grade a d a MH wooden deck
24,6'x15'$"',,d 3'?" ve ade with 5'4''x6'2"wide access staff seaward of the deck
lying 32,6' landward of exin gnnitted timber'bulkhead;
The certificate is issued to Victor P.&Gloria E.Also rook owner of
the aforesaid property.
Authorized Signature
Glenn Goldsmith,President �� � � Town Hall Annex
54375 Route 25
A.Nicholas Krupski,Vice President P.O.Box 1179
Eric Sepenoski Southold,New York 11971
Liz Gillooly Telephone(631) 765-1892
Elizabeth Peeples Fax(631) 765-6641
COW
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Permit No.: 10101A
Date of Receipt of Application: March 23, 2022
Applicant: Victor P. & Gloria E. Alsobrook
SCTM#: 1000-90-1-19
Project Location: 130 West Lake Drive, Southold
Date of ResolutionlIssuance: April 13, 2022
Date of Expiration: April 13, 2024
Reviewed by: Elizabeth Peeples, Trustee
Project Description: As-built 29'x9' side brick porch, a 26'x15' brick patio at
grade and a rear wooden deck 24.6'x15'5" deep, 37' above grade with 5'4" x
6'2"wide access stairs seaward of the deck, lying 32.6' landward of existing
permitted timber bulkhead.
Findings: The project meets all the requirements for issuance of an Administrative
Permit set forth in Chapter 275 of the Southold Town Code. The issuance of an
Administrative Permit allows for the operations as indicated on the survey prepared by
Kenneth M. Woychuk Land Surveyor, dated December 9, 2021, and stamped approved
on April 13, 2022.
Special Conditions: None
Inspections: Final Inspection.
If the proposed activities do not meet the requirements for issuance of an Administrative
Permit set forth in Chapter 275 of the Southold Town Code, a Wetland Permit will be
required.
This is not a determination from any other agency.
,* 44",
—
Glenn Goldsmith, President
Board of Trustees
BOARD MEMBERS Town Hall Annex
Leslie Kanes Weisman,Chairperson 53095 Route 25,Main Road
Patricia Acampora P.O.Box 1179
Eric Dantes Southold,NY 11971
Robert Lehnert,Jr. Telephone(631)765-1809
Nicholas Planamento
hUp:Hsoutholdtownny.gov
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
December 20, 2022
Martin Finnegan
Attorney at Law
P.O. Box 1452
Mattituck,NY 11952
RE; ZBA#7706, Rendel
130 West Lake Drive, Southold
SCTM No. 1000-90-1-19
Dear Mr. Finnegan;
Transmitted for your records are copies of the Board's December 15,2022 Findings, Deliberations and
Determination, the originals of which were filed with the Town Clerk regarding the above variance
applications.
Before commencing any construction activities, a building permit is necessary. Please be sure to submit an
application along with a copy of the attached determination to the Building Department.
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
If you have any questions,please don't hesitate to contact our office.
Sincere ,
Kimuentes
Board Assistant F C 9 fl
Encl. jmq
2- 4 ' 3
FD
cc: Building Department eu IN E
ID 'DS l-
OFFICE LOCATION: MAILING ADDRESS:
SO
Town Hall Annex �j� P.O. Box 1179
54375 State Road Route 25 a� Southold, NY 11971
(cor. Main Rd. &Youngs Ave.)
Southold, NY Telephone: 631 765-1809
http://southoldtow-nny.gov
e0uIV 1 t r
. R CEIVED
ZONING BOARD OF APPEALS � (� " tt
Town of Southold
0 l c ldTOwnClerk
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF DECEMBER 15, 2022
ZBA FILE: #7706
NAME OF APPLICANT: Michael Rendel J 24 2.09
PROPERTY LOCATION: 130 West Lake Drive (adj. to Little Peconic Bay), Southold,
SCTM: 1000-90-1-19 I I t7P7.
EQRA 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 COT:.1"NT'Y' 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 August 8, 2022, 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 DETERMINATION: 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 November 22,2022. 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 EXEMPT from Coastal Consistency Review.
PROPEP'"1 t" FAC C'SJI)ESC' iP IQ'fl� The subject, non-conforming, 12,646.57 square feet, .29 acre, rectangular-
shaped parcel located in the R40 Zoning District measures 100 feet along West Lake Road then runs south 126.50
feet along a residentially developed lot to the east and then runs west, along a vinyl bulkhead at the mean high
watermark along the Little Peconic Bay and returns 126.50 feet north back to the roadway, along a second
residentially developed lot to the west. The parcel is improved with a two-story wood frame dwelling, a large brick
entry porch, a rear, waterside wood deck with stairs, a brick side porch and patio, an accessory garage and gravel
driveway as shown on the survey prepared by Kenneth M. Woychuk, Land Surveyor and dated December 9, 2021.
BASIS OF APPLICATION: Request for Variances om Article XX11I, 'Section 280-124; and the Building
Inspector's .Maly 21, 2022 Notice of Disapproval based on an application for a permit to legalize an "as built" front
stoop and rear deck,attached to an existing single family dwelling; at 1)located less than the code required minimum
front yard setback of 35 feet; 2) located less than the code required minimum rear yard setback of 35 feet; located at:
130 West Lake Drive, (Adj. to Little Peconic Bay) Southold,NY. SCTM No. 1000-90-1-19.
Page 2, December 15,2022
#7706, Rendel
SCTM No. 1000-90-1-19
RELIEF REQUESTED: The applicant requests variances to legalize an"as built"brick front entry stoop(116 square
feet)with a 28.5 feet front yard setback where 35 feet is required and to legalize an"as built", wood waterside deck,
measuring 24.6 feet by 15.5 feet(381.3 square feet) with a 32.6 feet rear yard setback where 35 feet is required.
ADDITIONAL, INFORMATION: Improvements at the subject parcel are covered by the following Certificates of
Occupancy:
#43025 dated April 30, 2022 Covering an "as built" bathroom addition
#47521 dated April 30, 2022 Covering 200 amp electric service
Based upon Board research of Town of Southold Building Department records, no known Pre-Certificate of
Occupancy exists for the residence which appears to have been constructed prior to the current zoning code.
The Town of Southold Board of Trustees issued an Administrative Permit, #10101A, and a Certificate of
Compliance, #1910C, both dated April 13, 2022 covering the requested improvements.
The applicant provided examples of prior relief granted for similar application in the immediate Cedar Beach
neighborhood.
No member of the public spoke in favor of or against this application during the public hearing.
FINDINGS OF_FACT/REASONS FORBOARDACTION:
The Zoning Board of Appeals held a public hearing on this application on December 1, 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 Lawn�'267-b(3)(b)(1). Grant of the variances will not produce an undesirable change in the character of
the neighborhood or a detriment to nearby properties. The Cedar Beach neighborhood consists of many waterfront
residences developed prior to the adoption of the zoning code, with residences on small lots with less than code
conforming setbacks. The subject parcel is accessed via a narrow`lane' and is well screened with mature landscaping
and a privet hedge running along the road frontage. Both the existing, "as built", front and rear yard setbacks will
not be discernable to passersby on the roadway or from the Peconic Bay as a result of the existing landscaping and
the parcel location as developed within this densely populated, older, community.
2. Town Law "2 T-b 3 b 2 , The benefit sought by the applicant cannot be achieved by some method, feasible
for the applicant to pursue, other than an area variance. At an earlier time, it appears the original front porch was
converted to living space and as a result, the existing brick entry stop was added to allow access to the residence.
The stoop is not excessively large, and a front entry is customary for residences throughout the Town of Southold.
The rear deck,similarly,added without the benefit of a building permit,encroaches 2.4 feet into the rear yard setback.
While the applicant should have understood the limitations of the code and built a conforming deck, the "as built"
improvement will allow the applicant to enjoy a similar feature as neighbors within the same community as evidenced
by the examples of prior relief granted provided.
3. Town Law 4267-bI'»3)M(3). The variances granted herein are mathematically substantial, representing 18.5%
relief from the code relative to the reduced front yard setback to accommodate the "as built" entry stoop and 6.8%
relief from the code relative to the reduced rear yard setback to accommodate the"as built"waterside deck. However,
the applicant has provided examples of Board relief granted for similar applications in the immediate neighborhood
Page 3, December 15,2022
#7706, Rendel
SCTM No. 1000-90-1-19
and as a result of the mature:landscaping,and that the deck is in-line with neighboring decks,few, if any, people will
be able to discern the relief'granted.
4. ' ow n Laws X267-b(: dblt"44. 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.
'. Town Law $267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the
Zoning Code was in effect and it is presurned 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 tine of purchase.
6. Town Law `2b. Grant of the requestedrelief.is the minimum action necessary and adequate to enable the
applicant to enjoy the benefit of a front entry stoop and rear deck while preserving and protecting the character of
the neighborhood and the health,, safety and welfare of the community.
RESOLUTION fll" l"Im�L� BOARL); In considering all of the above factors and applying the balancing test under New
York Town Law 267-B, notion was offered by Member Planamento, seconded by Member Acampora, and duly
catTied, to
GRANT the variances as applied for, and shown on the survey prepared by Kenneth M. Woychuk, Land Surveyor
and dated December 9, 2021 and plans prepared by James J. Deerkoski, Licensed Professional Engineer and dated
March 14, 2022.
SUB,'ECT'FO THE FOLLOWING CONDITIONS:
1. The front stoop and the rear deck are to remain open to the sky.
2. The applicant is to install code compliant railings on the waterside deck prior to the issuance of Certificate
of Occupancy for the requested relief.
3. The applicant is to receive a Pre-Certificate of Occupancy, or provide the Zoning Board of Appeals with the
file number,for the original dwelling and garage prior to the issuance of the Certificate of Occupancy for the
improvements applied for in this variance application.
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.
Phis approval shall not be deemed effective until the,required conditions stave been::ret. At the discretion f
tete Board ofAppeals,failure to contp lr with the above conditions majr 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.
Page 4,December 15,2022
#7706, Rendel
SCTM No. 1000-90-1-19
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 building permit, and may require a new 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 tinder this application when involving
nonconformities tinder the zoning code. This action does 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'S RESPONSIBILI"I"Y TO ENSURE
COMPLIANCE WITH THE CODE REQUIRE D 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, Acampora, Planamento and Lehnert. (5-0)
y "y. wj`5 wry
r �ani
Ric l Jo, Vice Chair
App i vel for filing 1 / l /2022