HomeMy WebLinkAbout51789-Z TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
° ' ° SOUTHOLD, NY
BUILDING PERMIT
(THIS PERMIT MUST BE KEPT ON THE PREMISES
WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS
UNTIL FULL COMPLETION OF THE WORK AUTHORIZED)
Permit#: 51789 Date: 03/26/2025
Permission is hereby granted to:
225 Oak Rd LLC
30 E 31st St FI 12
New York, NY 10016
To:
Construct in ground swimming pool at existing single family dwelling as applied for, per ZBA#7950
approval.
Premises Located at:
225 Oak Rd, New Suffolk, NY 11956
SCTM# 110.-8-10
Pursuant to application dated 01/10/2025 and approved by the Building Inspector..
To expire on 03/26/2027.
Contractors:
Required Inspections:
Fees:
SWIMMING POOLS-IN-GROUND WITH FENCE ENCLOSURE $300.00
CO Swimming Pool $100.00
Total $400.00
Building Inspector� �
err a
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 l tt ://www. ouch ldtownn . oV
Date Received
APPLICATION I L I I
l
For Office Use Only
I
J A 1 0 202
PERMIT N0.
: Buildi
ng g
Ins ector:
Applications "-and forms must be filled out in their entirety.Incomplete M I
applications will not be accepted. Where the Applicant is not the owner,an :d
Owner's Authorization form(Page 2)shall be completed.
Date:01/07/25
OWNER(S)OF PROPERTY:
Name:225 Oak Road LLC (Pat McAuliffe) scTM # i000-110-08-10
Project Address:225 Oak Road, New Suffolk
Pnone#:347 510 4147 ]�Ern�ail: t75.mcauliffe@gmail.com
Mailing Address:225 Oak Road, New Suffolk
CONTACT PERSON:
Name:Brooke Epperson
Mailing Address:PO Box 152, Mattituck, NY 11952
Pnone#:631 603 9092 Email:bepperson@amparchitect.com
DESIGN PROFESSIONAL INFORMATION:
Name:Anthony Portillo
Mailing Address:PO Box 152, Mattituck, N.Y. 11952
Phone#: :EEmail,:ap�ortiillo�@am�parch�itec�t-com
631 603 9092
CONTRACTOR INFORMATION:
Name:
Mailing Address:
Phone#: Email:
DESCRIPTION OF PROPOSED CONSTRUCTION
❑New Structure ❑Addition ❑Alteration ❑Repair iiDemolition Estimated Cost of Project:
70,000
❑Other Accessory Inground pool
Will the lot be re-graded? ❑Yes ®No Will excess fill be removed from premises? *Yes LINO
1
PROPERTY INFORMATION
Existing use of property:,,n�u 'F-b'-ra Intended use of property:
Zone or use district in which premises is situated; Are there any covenants and restrictions with respect to
�i this property? F-1YesCMo IF YES, PROVIDE A COPY.
JgChe�h c of the Town
AfterReading: The owner/contractor/design professional is responsible for all drainage and storm water issues as provided by
Chapter 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 7A0.4S of the New York State Penal Law.
I
Application Submitted By(print name):AMP ARCHITECTURE I3Authorized Agent ❑Owner
Date,
Signature of A licantt 2
g pP
STATE OF NEW YORK)
SS:
COUNTY OF- )
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
14 day of /'�pr% 20Z
Not ubV
PROPERTY OWNER AUTHORIZATION LNOTARYPUBLIC,
STATE OIw�� ORK
STATE OF NEW YORK(Where the applicant is not the owner) No.01A00019644
n Suffolk County
pires January 9„2028
residing at 2126
do hereby authorize AMP ARCHITECTURE to apply on
my V'sSignatUre
e To h So old'Building Department for approval as described herein.
/
--A, ac-
Date
Print Owner's Name
2
LIMITED LIABILITY COMPANY OPERATING AGREEMENT
OF
225 Oak Road,LLC
This Multi-Member LLC Operating Agreement("Agreement")represents 225 Oak Road, LLC that
was formed in the State of New York on September 2 2021 ("Company").
The following represents the initial 2 Member(s) of the Company and their respective ownership
interest:
Jennifer Foley, of 2638 21st Street, 5C,Astoria, New York, 11102, and has 50%ownership in the
Company and,
Patrick McAuliffe, of 2638 21st Street, 5C,Astoria, New York, 11102, and has 50% ownership in
the Company.
("Member(s)")
WHEREAS the Member(s) desire to create a limited liability company under the laws of the State
of New York and set forth the terms herein of the Company's operation and the relationship
between the Member(s).
THEREFORE, in consideration of the mutual covenants set forth herein and other valuable
consideration,the receipt and sufficiency of which hereby are acknowledged,the Member(s) and
the Company agree as follows:
]. me an Frinc" 1 lal of C3 e s
The name of the Company is 225 Oak Road, I,I,C with a principal place of business at 225 Oak
Street, New Suffolk, New York, 11956.The mailing address shall be 2638 21st Street, 5C,Astoria,
New York, 11102.
2. Ike " terecl ent.
The name of the Registered Agent is Jennifer holey with a registered office located at 2638 21st
Street, 5C,Astoria„New York, 1.1102 for the service of process as of September 2'2021. ("Registered
the Secretary of State, or respective office, in the State of New Company filing an amendment with.,
A ent The Registered Agent may change at an time b t.
York.
rmati 'n
The Company was formed on September 2 2021,., when the Members)filed the Articles of
Organization with the office of the Secretary of State pursuant to the statutes governing limited
liability companies in the State of New York(the "Statutes").
A.—PTISPO&L
The purpose of the Company is to engage in and conduct any and all lawful businesses, activities or
functions, and to carry on any other lawful activities in connection with or incidental to the
foregoing, as the Member(s)in their discretion shall determine.
Page 1
Agreement shall be invalid or unenforceable, such invalidity or unenforceability shall not affect the
other provisions of this Agreement,which shall remain in full force and effect.
The captions in this Agreement are for convenience only and are not to be considered in construing
this Agreement.All pronouns shall be deemed to be masctt ine,feminine,neuter, singular,or plural
as the identity of the person or persons may require.References to a person or persons shall include
partnerships,corporations,limited liability companies,uru corporated associations,trusts, estates,
and other types of entities. i
This Agreement,and any amendments hereto,may be exeted in counterparts all of which taken
together shall constitute one agreement.
This Agreement sets forth the entire agreement of the parties hereto with respect to the subject
matter hereof.It is the intention of the Member(s)that this Agreement shall be the sole agreement of
the parties, and,except to the extent a provision of this Agreement provides for the incorporation of
federal income tax rules or is expressly prohibited or ineffe tttive under the Statutes,this Agreement
shall govern even when inconsistent with, or different from',the provisions of any applicable law or
rule.To the extent any provision of this Agreement is prohibited or otherwise ineffective under the
Statutes, such provision shall be considered to be ineffectiv�e to the smallest degree possible in order
to make this Agreement effective under the Statutes.
Subject to the limitations on transferability set forth above,this Agreement shall be binding upon
and inure to the benefit of the parties hereto and to their res ective heirs, executors,administrators,
successors and assigns.
No provision of this Agreement is intended to be for the benefit of or enforceable by any third party.
IN WITNESS WHEREOF,the Member(s)have executed this Agreement on September 2 2021,
Signature: Dat :
Print Name: nntf Foley
t t-I�Qaj
Signature: il— / 6 _1:Dat :
Print Name: Pat ick McAuliffe
1
I
I
�� Page 11
BOARD MEMBERS VT1 � Southold Town Hall
53095 Main Road•P.O.Box 1179
Leslie Kanes Weisman, Chairperson ,a,Q Southold,NY 11971-0959
Patricia Acampora Office Location:
Eric Dantes Town Annex/First Floor,
Robert Lehnert, Jr. 54375 Main Road(at Youngs Avenue)
Nicholas Planamento Sob V C6
http://sbutholdtownny.gov
ZONING BOARD OF APPEALS OCT 2
TOWN OF SOUTHOLD
Tel. (631)765-1809 ASOUWthOlh=
FINDINGS,DELIBERATIONS AND DETERMINATION
MEETING OF OCTOBER 17,2024
ZBA FILE: #7950
NAME OF APPLICANT: 225 Oak Road,LLC/Pat McAuliffe
PROPERTY LOCATION: 225 Oak Road,New Suffolk,NY SCTM: 1000-110-8-10
SEQIIA DETE�MTNATION: 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.
SU OLK COUNTY AD `l'1E ODIC. This application was referred as required tender the Suffolk
County Administrative Code Sections A 14-14 to 23,and the Suffolk County Department of Planning issued its reply
dated luly 30,,2024 stat.ng that:this application is considered a.matter for local determination as there appears to be
no significant county-wide or inter-community ilnpact.
L WRP DE CERMINATIO 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.
l'ROPETY l ACTS/DESCIIPTIO The sibject, rectangular-shaped, non-conforming 11,250 square feet, .252
acre,parcel located in the R40 Zoning District measures 75.00 feet along Oak Road, then rusts northeast 150.00 feet
along a residentially developed lot to the west,then runs southeast 75.00 feet along a residentially developed 'lot to
the north,then runs southwest 150.00 feet along a residentially developed lot to the east, returning to the.roadway.
The property is developed with a 1-stony wood fratne residence with front porch accessed by a ramp and steps,an
attached 2-story garage,a roof-over basement`bilco'-type basement,access,a gravel driveway and chain link fencing
as shown on the survey prepared by Michael W.Minto,Licensed Land Surveyor,and dated March 1,2024.
BANS OE'AP 1CAT1+ N: Request for"variances from Article X III,Section 280-124�Article VI, Section
280.207A(1)(b)„ Article XXXVI, Section 280-208A, and the! Building Inspector's June 7, 2024 Notice of
Disapproval based on an application for a permit to demolish(as per Town Code definition)and reconstruct a single
family dwelling and construct an accessory in-ground swimming pool, 1)less than the code required minimum front.
yard setback of 35 feet; 2) less than the code required minimum side yard setback of 10 feet„ 3)more than the code
permitted maximum lot coverage of 20%;4) gross floor area exceeding permitted maximum square footage for lot
containing up to 20,000 square'feet in area;5)the construction exceeds the permitted sky plane as defined in Article
1,,Section 280-4 of the Town Code; located at:225 Oak Road,New Suffolk,NY. SCTM_No. 1.00�0-1104-1.0. .
RELIEF REQUESTED: The applicant requests five (5)variances for the Town of Southold Building Department
defined, `technical' demolition of a single-family house where the proposed alterations and additions exceed the
Page 2,October 17,2024
#7950,225 Oak Road
SCTM No. 1000-110-8-10
value of the existing construction by greater than 50%of the original construction value and as such,is being treated
as a demolition and new build, although,much of the original construction will remain, where the proposed home,
when completed will,
1. Have a front yard setback of 28 feet,where the Code requires a minimum front yard setback of 35 feet.
2. Have a minimum single side yard setback of 5.8 feet, where the Code requires a minimum single side
yard setback of 10 feet.
3. Have a total lot coverage of 25.8%,where the Code limits lot coverage to a maximum of20%
4. Have a structure that penetrates the permitted Sky Plane, where all improvements are required to be
within it.
5. Have a Gross Floor Area (GFA) of 2,468 square feet, where the Code limits GFA to a maximum of
2,256.25 square feet.
After partial demolition of existing conditions,proposed alterations and additions to the two-story structure include
adding 754 square feet of habitable living space to the remaining 1,356 square feet residence and adding a 148 square
feet, 18.65 feet by 8.3 feet covered front entry porch,a 648 square feet, 18 feet by 36 feet inground swimming pool,
and an attached carport with second-floor living space over it..
A1v1ENL7 )?PL1C iT10N: 1lnsolicited, the applicant on September 23, 2024 submitted revived architectural
plans,labdled ZBA-01 through Z13A-0 ,prepared by Anthony M.Portillo,Registered Architect and dated September
19,, 2024 illustrating a compliant Gross Floor Area (GFA) calculation along with an AMENDED Notice of
Disapproval from tle Town of Southold Building Depaifiarrient, dated September 2024 bringing the plan into more
conformity with the code and removed the need'for variance relief relative to an excessive GFA. The four( )other
variance requests remain relative to reduced front and single-side yard setbacks, along with excessive lot coverage
and penetration of the Sky Plane.
AD1 T OIaThe applicant provided
ro osed first and second-floor plans proposed elevation cross se architectural plans
including
asite plan,
demolition plans for the'first and second
IAL 1NF0 11011:
p p'
fluor and existing elevations, labeled ZHA-01 through ZEA-07 prepared by Anthony M. Portillo, Registered.
Architect and dated ,tune 14, 2024 in addition to revised plans, as submitted with the AMENDED Notice of
Disapproval and on September 25, 2024,again, submitted revised plans, to the Zoning Board of Appeals, bearing
the same identification pagination and prepared by Anthony M, Portillo, Registered Architect, illustrating the
addition of a pool fence and dry well for pool dewatering.
No prior Zoning Board of Appeals relief has been granted on this property.
The following Certificate of Occupancy cover existing improvements on this parcel:
#Z-537 dated April 19, 1960 covering a private one-family dwelling
4Z-6062 dated August 22, 1974 covering a one-family dwelling
#Z-11792 dated July 19, 1983 covering a porch addition to an existing one-family dwelling
#Z-42273 dated August 25,2021 covering addition to existing dwelling
#Z-42274 dated August 25,2021 covering a Pre-Existing Certificate of Occupancy for a
SEASONAL dwelling
The applicant provided an Operating Agreement for 225 Oak Road, LLC.
Along with the most recently received architectural plans,the applicant provided an analysis of lot coverage relative
to neighboring properties in the New Suffolk area and four(4)examples of prior relief granted by the Zoning Board,
of Appeals, including:
Page 3,October 17,2024
#7950,225 Oak Road
SCTM No. 1000-110-8-10
#6210 dated November 25, 2008, granting alternative relief for a reduced single and combined side yard
setbacks of 10 feet and 7 feet with no less than a combined side yard setback of 17 feet, where a
minimum of 10 feet and combined 25 feet are required by code.
#6335 dated February 28,2010,granting a reduced front yard setback of 26.2 feet where a minimum of 35
feet is required by code.
#7852 dated December 22,2023,granting a reduced front yard setback of 32 feet where a minimum of 35
feet is required by the code.
#5314 dated June 10,2003,granting a reduced front yard setback of 22 feet where a minimum of 35 feet is
required by the code.
The applicant proposes to upgrade the parcel's sanitary system with an Innovative and Alternative Onsight
Wastewater Treatment System(I/A OWTS).
A New Suffolk residence submitted a letter opposing this application prior to the public hearing.
Several immediate neighbors spoke during the public hearing. No other member of tlme public or an immediate
neighbor spoke in favor of or against this application.
EINDIN S 01, I^ 3"/IEASO S FOR.BOARD ACTIQN
The Zoning Board of Appeals held a public hearing on this application on October 3,2024 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:
I. Town Law 267-6 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 immediate neighborhood and the hamlet.of New Suffolk
is in general a densely populated community, predominately laid out in a grid-fashion within the Town of Southold
with many older homes developed on small,less than-code conforming lots with varying non-conformnities whether
relative to front,rear,single,or combined side yard setbacks,'lot coverage and possibly OFA. The substantiality of
the requested relief, relative to two (2) setbacks, excessive lot coverage, and the penetration of the Sky Plane, as
proposed,will blend in with other residential structures within the community, presently,the existing home has non-
conforming front and single side yard setbacks and as a result of this`as built'condition which the applicant proposes
to maintain,few passers-by or those using the roadway will not be able to decipher any change in the character of
the community or recognize the relief requested. Additionally, penetration of the Sky Plane, will also not create a.
negative impact on the community since the`penetration' is limited to a cricket(a contractor term for a structure that
diverts water around the chimney) between the chimney and the actual roof, which is undecipherable to most
individuals. The actual chimney is not cited as being outside of the perm itted Sky Plane,since chimneys,and some
other design features are excluded. Lastly, excessive lot coverage will not be recognizable, as time addition of a
swimming spool in the rear yard is a one-dimensional,at-grade,lateral structure that is not visible from the roadway
nor does it create any massing, recognizable to those who may be able to view it,despite its private location..
2. '1'wawn Law 267_h lm The benefit sought by the applicant cannot be achieved by some method, feasible
for the applicant to pursue, other than an area variance. As a result of the siting of the original residence and the
overall lot size and dimension,almost any alteration to the structure will require some form of variance relief.
3. Town-Law 267-h 3 kX3 . The variances granted herein are mathematically substantial,representing 2.0%relief'
relative to a reduced front yard setback; 2%relief relative to a reduced single side yard setback,2 %relief relative
to excessive lot coverage and 100% relief from the code relative to penetration of the 'Sky Plane. However, the
applicant does not propose to encroach upon the `as built' front yard setback as part of the additions and alterations
planned and indicates that they will increase the non-conformity of the non-compliant single side yard setback by
Page 4,October 17,2024
#7950,225 Oak Road
SCTM No. 1000-110-8-10
one(1) inch. Moreover,Penetration of the Sky Plane is not to accommodate the expansion of the roof structure or
for additional living space, but rather for a modest cricket to ensure that runoff from the existing roofline will not
drain into the chimney structure and create a moisture or leak issue. Lastly,because of the small lot size, the lot
coverage as proposed at 25 A%is to accommodate the installation of an inground swimming pool measuring 18 feet
by 36 feet and not an above-ground structure, where the massing would be discernable and detrimental to the
community.
4, Town Law §267-b(3)fW04. No evidence has been submitted to suggest that a variance in this residential
community will have an adverse impact on the physical or environmental conditions in the neighborhood. The
applicant must comply with Chapter 236 of the Town's Storm Water Management Code and install an Innovative
and Alternative Onsight Wastewater Treatment System(11A OWTS),approved by Suffolk County Board of Healtit
5, 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 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.L267-b Grant of the requested relief is the minimum action necessary and adequate to enable the
applicant to enjoy the benefit of additions and alterations to a dwelling where the proposed work exceeds the existing
structure's construction value by greater than 5(r/o,,deeming it a technical demolition,including proposed alterations
and additions to the two-story residence including the addition of 754 square feet of habitable living space to the
remaining 1,3,56 square feet residence(after demolition)and adding a 148 square feet, 18.65 feet by 8.3 feet covered
front entry porch along,with a 648 square feet, 18 feet by 36 feet inground swimming pool with a front yard setback
of 28 feet,where the Code requires a minimum front yard setback of 35 feet;a minimum single side yard setback of
5,8feet,where the Code requires a minimum single side yard setback of 10 feet;a total lot coverage of 25.8%,where
the Code limits lot coverage to a maximum of 20%;and,a structure that penetrates the permitted Sky Plane,where
all improvements are required to be within it,while preserving and protecting the character of the neighborhood and
the health, safety and welfare of the community.
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 Planamento,seconded by Member Dantes,and duly carried,
to
GRANT the variances as applied for,and shown on the revised Architectural Plans,labeled ZBA-0 I through ZBA-
07,prepared by Anthony M.Portillo,Registered Architect and dated September 19,2024.
SUBJECT TO THE EQ__�L_LQ GIVING CO I System(I/A
I. The installation of a new, Innovative and Alternative Onsight Wastewater Treatment
OWTS),approved by Suffolk County Department of Health Services.
2. The proposed front porch shall remain unenclosed.
3. The proposed car port shall remain unenclosed.
4. The attic area over the proposed bedroom on the westside of the residence shall remain unconditioned
space accessed only by a pull down-type access stair.
5. The existing,evergreen and landscaped screening shall be maintained along the rear perimeter of the lot.
6. 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
7. Drywell for pool de-watering shall be installed.
This approval shaft not be deemed effective until the required conditions have been met At the discretion of the
Board of ppeals,failure to comply with the above conditions may render this decision null and void
Page 5,October 17,2024
#7950,225 Oak Road
SCTM No. 1000-110-8-10
That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issue[.
The.Board reserves tine right to substitute a similar design that is de minimis in nature for an alteration that does
not increase the degree of nonconformity.
IMPORTAN"T LIMITS ON THE APPROVAT, S GRANTED l� TN
Please Read Carefull
Any deviation front the survey,site plan andr'or architectural drawings cited in this decision,or work exceeding
tite scope of the reliefgranted herein, will result in delays andler a possible denial by the Building Depariment
of a building permit and/or the issuance of a Stop Work Order,and may require a new application and public
hearing before the Zoning Board of Appeals.
Any deviation frorn.the variance(s)granted herein as shown on the architectural drawings,site plan ande' r survey
cited above,such as alterations,,extensions, demolitions,or demolitions exceeding the scope of fire relief granted
herein, are not authorized under this application when involving nonconformities under 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.
TM LT1'MTS 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 ofexpiration,grant an extension not to exceed three( )consecutive one: 1)
year terns.
LI11IC ENSURE C CEEP OCAI TI
TICDIPf T l DESCRIBED R1N.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,Lehnert,and Acampora.(5-0)
e
ALTeshe [sW—eisman, hairperson
Approved for filing l 0 l/k /2024
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