HomeMy WebLinkAbout50247-Z TOWN OF SOUTHOLD
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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#: 50247 /23/2024
Date: .1..........................e. .
Permission is hereby granted to:
van Adelsberg,,,Janet
420 Riverside Dr Apt 5B
.... .._ ... _ ... ..... _.. .. ... ....
New York, NY 10025 ----�.......... ,�_...................._.
To: Construct an accessory gazebo in a side yard as applied for per ZBA approval.
At premises located at:
4297 Wells Rd, Peconic
SCTM # 473889
Sec/Block/Lot# 86.-1-9.5
Pursuant to application dated 12/20/2023 and approved by the Building Inspector.
To expire on
7/24/2025..
Fees:
ACCESSORY $202.50
CERTIFICATE OF OCCUPANCY $100.00
Total: .................................$302.50
Building Inspector
TOWN i GP SOUTHOLD—BUILDING DEPARTMENT
I Town FlalI.cortex 54375 Main Road P. O. Box 1179 Southold,NY 11971-0959
Telephone1}7r -1 802 Pax(631)765-9502 ht a: �ay. outoldtcrt�t c
Date Received
APPLICATION FOR BUILDING PERMIT
For Office Use Only s
PERMIT NO. � Building Inspector:
L
Applications and forms must be filled out in their entirety.Incomplete m
applications will not be accepted. Where the Applicant Is not the owner,an 4
Owners Authorization form(Page 2)shall be completed.
Date: December 6, 2023
OWNER(S)OF PROPERTY:
Name:Janet van AdelsbergsCTM#1000- 86.-01-9.5
Project Address:4297 Wells Road Peconic
Phone#: 917 282 2961 Email: j.vanadelsberg@gmail.com
Mailing Address:420 Riverside Drive, Apt. 5B, New York. NY 10025
CONTACT PERSON:
Name: Ural Talgat
Mailing Address: 436 7th Street, Greenport, NY 11944
Phon —........ _ �._
e#: 631 477 8963 Email: ural59@hotmail.com
DESIGN PROFESSIONAL INFORMATION:
Name: g
Ural Tal at
�w: 436 7th Street Green
Mailing Address: port, NY 11944
...... .._ [Email-
Phone#:
— ural59@hotmail.com
.� ... _.....631 477 8963 ..._...._.....���... u ra159 @ h.......
CONTRACTOR INFORMATION:
Name:
Mailing Address:
Phone#: _ Email:
DESCRIPTION OF PROPOSED CONSTRUCTION
❑New Structure ❑Addition ❑Alteration ❑Repair ❑Demolition Estimated Cost of Project:
EOther Unenclosed Covered Accessory Structure $ 50,000
Will the lot be re-graded? ❑Yes RNo Will excess fill be removed from premises? []Yes WNo
1
PROPERTY INFORMATION
Existing use of property: Single Family Residence Intended use of property: Single Family Residence
Zone or use district in which premises is situated: Are there any covenants and restrictions with respect to
R-80 this property? ❑Yes l@No IF YES,PROVIDE A COPY.
check Box After dlir : / afl+tw&w and sWor w e awe 11Y
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Application Submitted By(print n e): Ural Talgat MAuthorized Agent ❑owner
Signature of Applicant: Date:
STATE OF NEW YORK)
SS:
COUNTY OFt/C +
Ural Talgat being duly sworn,deposes and says that(s)he is the applicant
(Name of individual signing contract)above named,
(S)he is the Architect
(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
77
day of 20 Z 3
Notary Public
LAUREN M,MCKR siCl'
Public,State of New Yb*
PROPERTY'OWNEAUTHOR17ATI N No.01 M06342308
Qualified In Suffolk County
(Where the applicant is not the owner) Cor°nmlWon Expires May 23.2024
,,Janet van Adelsberg residing at
420 Riverside Drive Apt 513, NY, NY 10025
ado hereby authorize Ural Talgat apply on
:Z;:7
Town of Southold Building D ent for approval as described herein.
�f Aoki
17 Owne s ignature Date
anet van Ad erg
Print Owner's Name
2
BOARD MEMBERS Southold Town Hall
tf S 53095 Main Road • P.O. Box 1179
Leslie Kanes Weisman, Chairperson �� N
Patricia Acampora � Southold,NY 11971-0959
Eric Dantes � � Offl+�e-_Location:
Robert Lehnert, Jr. Town Annex/First Floor
Nicholas Planamento ��r ' ,� 54375 Main Road(at Youngs Avenue)
Southold,NY 11971
RECEIVED
http://southoldtownny.gov
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ZONING BOARD OF APPEALS SE 6 2023
TOWN OF SOUTHOLD
Tel. (631) 765-1809aUtlald Town Clerk
FINDINGS, DELIBERATIONS AND DETERMINATION
"S . ':"I ��. �° MEETING OF SEPTEMBER 21, 2023
ZBA FILE: #7825
NAME OF APPLICANT: Janet van Adelsberg
PROPERTY LOCATION: 4297 Wells Road, Peconic,NY 11958 SCTM: 1000-86-1-9.5
SF;Qf A DETER-MINKrION: 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 COIIN°l ` ADMINISTRr T11/E CODF?: 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 June 11, 2023 stating that this application is considered a matter for local determination as there appears to be
no significant county-wide or inter-community impact.
LW-1,P DI,' .L I�NA'l"ION: 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 16, 2023. 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 CONSISTENT with LWtcP policy standards and therefore is
CONSISTENT with the LWRP.
TOWN OF SOUTHOLD BOARD OF TRUSTEE : The Town of Southold Board of Trustees reviewed this
application and offered commentary dated July 28, 2023 indicating that the proposed construction is outside of the
Wetland jurisdiction under Chapter 275 of the Town Wetland Code and is outside of the Coastal Erosion Hazard
Area under Chapter 11 1 of the Town Code, therefore, no wetland permit is required.
PROPERTY FACTS/DESCRIPTION: The subject, 114,253 square feet, 2.62 acre, irregular shaped, waterfront,
flag-lot, conforming parcel located in the R80 Zoning District measures 15 feet along Wells Road, then continues
along a residentially developed lot to the south, 55.35 feet and 161.83 feet, then runs south along the same neighbor
380.07 feet to Richmond Creek, then follows the shoreline 166.58 feet and 226.46 feet, then runs northeast 325.19
feet along an undeveloped residential building lot and continues 368.66 feet and 55.35 feet back to the roadway,
along preserved agricultural lands to the north. The subject parcel is developed with a 2-story frame residence with
covered front and rear porches, an accessory garage with outdoor shower, a small barn/accessory shed, an inground
swimming pool and masonry terrace, a pergola, enclosed pool equipment, a generator, gravel driveway, masonry
walkways, perimeter fencing, and a wood dock accessed via catwalk, as shown on the survey prepared by Paul
Barylski, Licensed Land Surveyor, and dated February 5, 2023..
Page 2, September 21, 2023
97825, Van Adelsberg
SCTM No. 1000-86-1-9.5
R Request for a Variance from, Article III, Section 280-15 and the Building Inspector I s
June 13, 2023 Notice of Disapproval based on an application for a permit to construct an accessory structure; at 1)
located in other than the code permitted rear yard; located at: 4297 Wells Road, (Adj. to Richmond Creek) Peconic,
NY. SCTM No. 1000-86-1-9.5.
Ft, L I E F K UX (JE$TED: The applicant requests a variance for the construction of a new accessory structure,
.gazebo', measuring 10,3 feet by 15 feet (155 square feet), located in a side yard where the code requires such
improvements to be located in a rear yard.
A D D F"IL0
N&L rNLO&MATIQ(L The applicant provided a site plan and architectural drawings, including
elevations and floor plan, labeled S I and Al, prepared by Ural Talgat, Registered Architect, last revised June 15,
2023.
Improvements on the subject parcel are covered by the following Certificate of Occupancy-,
Z-30169 dated May 3, 2004 covering a one family dwelling with front and rear covered porches.
Z-30170 dated May 3, 2004 covering an accessory two-car garage.. dwelling.
Z-38482 dated August 30,2016 covering roof inounted solar panels to an existing
Z-39585 dated April 9,2018 covering an accessory inground swimming pool per ZBA 46783.
Z-41523 dated October 11,2020 covering an accessory generator.
Z-42359 dated September 19, 2021 covering expansion of roof-mounted solar panels to a dwelling.
The applicant is the beneficiary of prior variance relief under File 46783 permitting the installation of an ingrOUnd
swimming pool partially in a side yard and perrilitting, the construction ol'a storage shed in aside yardwhere the
code reqUINS such improvements to be located in a rear yard location, or (or waterfront parcels, in a front yard
location provided they, meet the mininitifT, front yard setback.
The applicant has stated that there is an open building permit for the construction of the pergola attached to the east
side of the dwelling,
adjacent to the pool terrace.
rhe proposed accessory structure. 'gazebo', is unenclosed on three sides, without any plumbing or electrical and is
intended to be used for the storage of garden tools and accessories.
Ipart.
The subject property is is accessed via a 'flag' lot at the end of Wells Road and of a three-lot, waterfront,
subdivision, immediately south of preserved lands, Town of Southold Development Rights easement, Currently
planted as a vineyard. The property to the west is undeveloped and wooded.
No member of the public or an immediate neighbor spoke in favor of or against this application.
E1_ND1N_Q$_Q_F_EACT/ REASONL -L TI......—
,$ `0 911AC ON:
R B�OA
The Zoning Board of Appeals held a public hearing on application on September 7, 2023 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. ILOwn Law§267-b(3)(b)(1). Grant of the variance %vil I not produce an undesirable change in the character of the
_
neighborhood or a detriment to nearby properties. The proposed accessory structure will be in keeping with the same
design as the primary residence and other accessory structures in the immediate area, The subject parcel is a 'flag'
lot which is not visible from any public roadway with no impact on the preserved agricultural lands to the north Or
Page 3, September 21,2023
#7825,Van Adelsberg
SCTM No. 1000-86-1-9.5
the undeveloped lot to the west. While there is a neighbor to the east, which may be impacted by the accessory
structure, the distance between the two residences will mitigate any adverse impact since it is well planted with
mature landscaping.
2. Town Law426�-b3 �b2 . "Flie benefit sought by the applicant cannot be achieved by some method feasible
for the applicant to pursue,other than an area variance. The applicant i
could construct the accessory structure n a
code conforming rear yard or front yard location. However, if the applicant sited the structure in a compliant front
yard location, it Would not serve tile garden area, nor would it be characterful of the neighborhood where accessory
structures are commonly located in rear yard locations. Placement in a compliant rear yard location would place
the structure closer to the wetlands with greater environmental impact. Currently,as proposed,the structure is
located 147.9 feet from the wetlands, where a minimum setback of 100 feet is required, thereby reducing any
potential environmental impact.
3- w
Town Law 267-b The variance granted herein is mathematically substantial, representing 100% relief
from the code. However, the proposed accessory structure
..... .§_ s located as far away from the wetlands as is practical.
i
4. Town Law42 7-b(3 b)(4). No evidence has been submitted to suggest that a variance in this residential
community will.have an adverse impact on the physical or environmental conditions in the neighborhood. The
applicant niust comply with Chapter 236 of the Town's Storm Water Management Code.
5. Lo1vu Law k267-bQAb)(5). "The difficulty has been self-created. The applicant purchased the parcel after the
_ he appl,icant had actual or constructive knowledge of the
Zoning Code was in effect and it is presumed that t me of purchase.1i
limitations on the use,of the parcel Under the Zoning Code in effect prior to or at the t
6. lown Law '267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the
gazebo' for storage of garden tools and accessories while
applicant to enjoy the benefit, of an accessory, structure ealth, safety and welfare of the community.
preserving arid protecting the character of the neighborhood and the h
TH `
&E S Q�V[IONQ�F— KARD: In considering all of the above factors and applying the balancing test under New
— .. �
York Town Law 267-13, motion was offered by Member Planamento, seconded by Member Acampora, and duly
carried, to
GRANT the variance as applied for, and shown on the site plan and architectural drawings, including elevations
and floor plan, labeled Sl and A1, prepared by Ural Talgat, Registered Architect, last revised June 15, 2023
SUBJECT TO THE FOLLOWlNG CONDi,rIONS:
1. The accessory structure shall not be enclosed in any way, nor shall it include any plumbing or electricity.
This approval shall not be deemed effective until the required conditions have been inel. 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.
Page 4, September 21,2023
#7825, Van Adelsberg
SCTM No. 1000-86-1-9.5
LMI OWrANT LIMITS i"I GRANTED HFI EJN
Please Read Carefull-Y
gray deviation from the survey,site plait andlor architectural drawings cited in this decision, or work exceeding
the scope of the relief granted herein, will result in delays andlor a possible denial by the Building Department
of a building permit andl6r the issuance of a Stop Work Order, and may require a new application and public
hearing hi�fore the Zoning Board qf Appeals.
Any deviation frons the variance(:)granted herein as shown on the architectural drawings,site plan and/or survey
cited above,such as alterations,extensions, demolitions, or demolitions e.vceeding the scope oJ'1he retie "granted
herein, are not authorized under this application when involving nonconformilies under the zoning code. This
action does not authorize or condone any current or future use, setback or other feature ref the subject property
that may violate the Zoning Code, other than such uses, setbacks and otherftatures as are e.rpressly addressed in
this action.
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 THF PROPER TY OWNER'S
R FS!"ONSIBILITY TO ENSURE COMpLI ANCT I WITH THE COpLREQ)UL!1KRELD!L-UnME
P12 A M F, 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 Rlanamento, Acarnpora, and Dantes(3-0) (Members Weisman and Lehnert
Absent).
I LUC
01 SJ' anarnento, Vice Chair
A ro e�i for filing / '1,2023
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Division of Environmental Permits,Region 1
SUNY(9)Stony Brook,50 Circle Road,Stony Brook,NY 11790
P:(631)444-0365 I F:(631)444-0360
www.dec.ny.gov
NO PERMIT NECESSARY
November 24, 2023
Janet van Adelsberg
420 Riverside Drive, Apt. 513
New York, NY 10025
Re: Application# 1-4738-03012/00005
van Adelsberg Property—4297 Wells Road
SCTM# 1000-86-1-9.5
Dear Applicant:
The Department of Environmental Conservation (DEC) has completed a review of your proposal to construct a
gazebo. All proposed work is located greater than 75 feet from the Tidal Wetlands Boundary as per the plans
prepared by Ural Talgat, last revised 10/11/2023. Based on the information you submitted, DEC has determined
that this type of work is listed in the Tidal Wetlands Land Use Regulations(6NYCRR Part 661.5) as a use not
requiring a permit. Therefore, no permit is required under the Tidal Wetlands Act(Article 25)of the Environmental
Conservation Law.
Be advised that DEC has documented the summer occurrence of the Northern Long Eared Bat(NLEB)
(Myotis septentrionalis), a species listed as"endangered" by both New York State and the US Fish &
Wildlife Service,within 1.5 miles of the project location. We have determined that tree cutting at this location
between April 1 st and October 319'of any calendar year will result in the"take"of these endangered/threatened
species or their habitat within the meaning of Environmental Conservation Law(ECL)§11-535. The term"take" is
defined in part as the direct killing or injury of individual members of a protected species, interference with critical
breeding, foraging, migratory or other essential behaviors, or the adverse modification of the species' habitat. The
"take"of a species listed as endangered or threatened is prohibited in the absence of a permit from this
Department issued pursuant to ECL§11-535. Therefore, in order to a avoid an Endangered Species"take",
all tree cutting activities shall only be conducted between the dates of November 1St and March 31St of
each calendar year at the project site OR you must get an Incidental Take Permit from this Department. If
you have questions about the presence of protected species on or near your property, the potential effects of
.activities on these species or your responsibilities as a landowner or project sponsor under the Endangered
Species Regulations, please contact the Regional Wildlife Manager at(631)444-0306.
Be advised, any additional work or modification to the project as described, may require DEC authorization.
Please contact this office if such activities are contemplated.
Please note that this letter does not relieve you of the responsibility of obtaining any necessary permits or
approvals from other agencies or local municipalities.
Sincerely,
Laura F, Star
Permit Administrator
cc: Ural Talgat, BMHP, File
CHEW I Departmentot
TA t Environmental
Conservation
Glenn Goldsmith,President ' Town Hall Annex
0" 54375 Route 25
A.Nicholas Krupski,Vice President `, P.O. Box 1179
Eric Sepenoski q�, Southold, New York 11971
Liz Gillooly
Telephone(631) 765-1892
Elizabeth Peeples Fax(631) 765-6641
�5
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
July 28, 2023
Ural Talgat, RA
439 Th Street
Greenport, NY 11944
RE: JANET VAN ADELSBERG
4297 WELLS ROAD, PECONIC
SCTM#: 1000-86-1-9.5
Dear Mr. Talgat:
The Southold Town Board of Trustees reviewed your letter dated June 20, 2023, along
with the site plan you prepared, last dated June 15, 2023, and determined that the
proposed construction is out of the Wetland jurisdiction under Chapter 275 of the Town
Wetland Code and Chapter 111 of the Town Code.
Therefore, in accordance with the current Wetlands Code (Chapter 275) and the
Coastal Erosion Hazard Area (Chapter 111) no permit is required.
Any construction activity or disturbance seaward of the limit of Trustee jurisdiction will
require an application for full permit. Additionally, any structure proposed seaward of
the line of jurisdiction will require a permit as well. With any future permits it would be
looked favorably upon if there was a plan for tree replacement and a non-turf busier.
Please be advised, however, that no clearing, no removal of vegetation, no cut or
fill of land or removal of sod, no construction, sedimentation, or disturbance of
any kind may take place within 100' landward from the top of the bluff, or seaward
of the tidal and/or freshwater wetlands jurisdictional boundary or seaward of the
coastal erosion hazard area as indicated above, without further application to,
and written authorization from, the Southold Town Board of Trustees pursuant to
Chapter 275 and/or Chapter 111 of the Town Code.
It is your responsibility to ensure that all necessary precautions are taken to prevent any
sedimentation or other alteration or disturbance to the ground surface or vegetation
2
within Tidal Wetlands jurisdiction and Coastal Erosion Hazard Area, which may result
from your project. Such precautions may include maintaining adequate work area
between the tidal wetland jurisdictional boundary and the coastal erosion hazard area
and your project or erecting a temporary fence, barrier, or hay bale berm.
This determination is not a determination from any other agency.
If you have any further questions, please do not hesitate to call.
Sincerely,
Glenn. Goldsmith, President
Board of Trustees
GG:dd