HomeMy WebLinkAbout52089-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#: 52089 Date: 07/10/2025
Permission is hereby granted to:
Moeller Family Trust
21 Camelot Ln
Setauket, NY 11733
To:
legalize an "as built"deckaddition to an existing single-family dwelling as appliedfor perTrustees and
ZBA approvals.
Premises Located at:
1155 Aquaview Ave, East Marion, NY 11939
SCTM# 21.-2-15
Pursuant to application dated 06/17/2025 and approved by the Building Inspector.
To expire on 07/10/2027.
Contractors:
Required Inspections:
Fees:
As Built Deck $773.00
CO-RESIDENTIAL $100.00
Total S873.00
� 1
Building Inspector
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 tlioldto", nx.i
Date Received
APPLICATION FOR BUILDING PERMIT a* tin
F r Office Use Only
PERMIT NO. Building inspectar:
Applications and forms must be filled out their entirety. Incomplete spa
southo1
applications will not be accepted. Where the Applicant is not the owner,an � �ri 0
Owner's Authorization form(Page 2)shall be completed.
Date:06.16.2025
OWNER(S)OF PROPERTY:
Name:Moeller Family Trust tSCTM# 1000-021-02-15
Project Address: 1155 Aquaview Avenue East Marion
Phone#:(631 ) 751-1157 1Email:)VFS P 10bO P` -b1VJ Jjv9@4 & r
Mailing Address:21 Camelot Lane Setauket, NY 11733
CONTACT PERSON:
Name:Albert Jespersen
Mailing Address:21 Camelot Lane Setauket, NY 11733
Phone#:(631) 751-1157 Email:pegjesp@outlook.Com
DESIGN PROFESSIONAL INFORMATION:
Name:Peter Jespersen, R.A.
Mailing Address:248 Rt. 25a, Suite 8 Setauket, NY 11733
Phone#:(631 ) 885-2225 Email: p.jespersen@pajarchitects.com
CONTRACTOR INFORMATION:
Name:Albert Jespersen (Owner Constructed)
Mailing Address:21 Camelot Lane Setauket, NY 11733
Phone#:(631) 751-1157 Email:pegjesp@outlook.com
DESCRIPTION OF PROPOSED CONSTRUCTION
New StructurefqAddition ❑Alteration ❑Repair ❑Demolition Estimated Cost of Project:
❑Other )\�� $2300.00
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: Residential
Zone or use district in which premises is situated: Are there any covenants and restrictions with respect to
R-40 Residential this property? ®Yes ❑No IF YES, PROVIDE A COPY.
R Check Box After Reading: The owner/contractor/design professional is responsible for all drainage and storm water issues as provided by
Chapter 236 of the Town Code. APPUCATION 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 210A5 of the New York State Penal law.
Application Submitted By(pri name Albert Jespersen ❑Authorized Agent 99OWner
Signature of Applicant: Date: 06.14.2025
STATE OF NEW YORK)
SS:
COUNTY OF WIlk )
l
kl-�- kf?&;,w being duly sworn, deposes and says that (s)he is the applicant
(Name of individual signing contract) above named,
(S)he is the O' �
(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 lication file therewith.
Sworn before me this DREW D. CASS
NOTARY PUBLIC.STATE OF Nr,
,w y
Re-islr Lion No 01CA6298761
day of ` � 20 __ „! s njMty
Notary PubIf-c'rnmission i:.tpires 17 March 2026
PROPERTY OWNER AUTHORIZATION
(Where the applicant is not the owner)
1, residing at
do hereby authorize to apply on
my behalf to the Town of Southold Building Department for approval as described herein.
Owner's Signature Date
Print Owner's Name
2
John M. Bredemeyer III,President -� Q Town HaII Annex
Michael J. Domino, Vice-President
�= 54375 Main Road
P.O. Box 1179
James F. King, Trustee 111-W Southold, New York 11971-0959
Dave Bergen, Trustee 4
Charles J. Sanders, Trustee � _ Telephone(631) 765-1892
Fax(631) 765-6641
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
CERTIFICATE OF COMPLIANCE
# 1049C Date: October 1, 2014
THIS CERTIFIES that the as-built±21' wide by±16.7' long reconstructed deck with
±6' wide steps attached to dwelling• the installation of gutters to leaders to drywells onto
dwelling: a 6„ wide non-turf buffer landward of existing fence
At 1155 Aquaview Avenue, East Marion, New York
Suffolk County Tax Map #21-2-15
Conforms to the application for a Trustees Permit heretofore filed in this office
Dated February 25, 2014 pursuant to which Trustees Administrative Permit #8375A Dated
March 19, 2014, was issued and Amended on September 17. 2 14 and conforms to all of the
requirements and conditions of the
applicable provisions of law. The project for which this certificate is being issued is
for the as-built±21' wide by±16.7' lone reconstructed deck with±6' wide steads attached to
dFelli : the installation gutters to leaders to dwells onto d� ellinga 6' wide non-turf
buffer landward of existing fence.
The certificate is issued to MOELLER FAMILY TRUST C/O MARGARET
JESPERSEN owner of the
aforesaid property.
Authorized Signature
o
�sohn 1M. Bredemeyer H1, President Town Hai Ariz
M chae'd. Domino, Vice-President 54375 Main Road
1 P.O. Pox 1179
James P- King, Trustee Southold, New York 11971-0959
!Dave Bergen, Trustee
Charles J. handers. Trustee Telephone (631) 765-1892
Fax(631) 765-6641
4 _ OF `I(" 'N TRUSTEES
TOWN OF SOUTOLD
September 17, 2014
r. & Mrs. Al Jespersen
21 Camelot Lane
etaukt, NY 1173
MOELLER FAMILYT T C/O MARGARETJ
1155 AQUAVIEW4 EAST MARION
T -1
®ear Mr. & Mrs. Jespersen-
The following action was taken by the Southold Town Board of Trustees at their Regular
Meeting held on Wednesday, September 17, 214:
RESOLVED, that the Southold Town Board of Trustees APPROVE the Administrative
Amendment to Administrative permit #8375A to maintain a 6' wide non-turf buffer
landward of the existing fence in lieu of an ' wide buffer from of top of bluff landward-,
and as depicted on the revised project plan prepared by Al Jesprsen, received on
September 4, 2014 and stamped approved on September 17, 2014.
Any other activity within 100' of the wetland boundary requires a permit from this office.
This is not a determination from any other agency
If you have any questions, please call our office at (61) 765-1892.
Sincerely,
John M. Bredemeyer III
President, Board of Trustees
Jl 1B:amn
DECLARATION OF COVENANTS
THIS DECLARATION made this day of 20 , by
a
residing at � c leto
hereinafter referred to as "DECLARANT(S) IT ,
W I T N E S S E T H
WHEREAS, DECLARANT(S) is/are the owner(s) of certain real property located
on , , Town of Southold,
County of Suffolk, State of New York, described in the Suffolk County Tax Map as
District 1000, Section Block nj , Lot �,'� which is more
particularly bounded and described as set forth in Schedule "A" annexed hereto,
hereinafter referred to as the Property;
WHEREAS, the Property is situated on lands within the jurisdiction of the
Board of Trustees of the Town of Southold (hereinafter the "Trustees" ) pursuant
to Chapter 275 of the Town Code of the Town of Southold or its successor, and
various activities conducted upon the property may thus be subject to the
regulation and approval of the Trustees prior to being conducted;
WHEREAS, the DECLARANT(S) therefore made application to the Trustees for a
permit pursuant to the Wetlands Law of the Town of Southold to undertake certain
regulated activities; and
WHEREAS, as a condition of the granting of a Wetlands Permit to undertake
such regulated activities, the Trustees required that a
"non-turf buffer" adjacent to and landward of
NOW, THEREFORE, the DECLARANT S) do/does hereby covenant and agree as
follows:
1) Upon the substantial completion of the aforementioned permitted
activities there shall be established and subsequently maintained
8 j
wild "non-turf buffer" as
defined by Chapter 275 of the Town Code; and as depicted on the
a 3
-5u Ve , _-
and
2) These covenants shall run with the land and shall be binding on the
DECLARANT(S) , his/her/their heirs, assigns, purchasers, or successors in
interest and may only be modified after a public hearing and upon
resolution of the Trustees.
IN WITNESS WHEREOF, the owner(s) has/have duly executed this instrument this
- _ g l
,t'day of ,L , If 20
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jv
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- _
IS SIGNATURE
STATE OFfy
ss.
COUNTY OF
On the day of f irly in the year 2014 ,
before me the
undersigned, a Notary -Public in and for said State, personally appeared
I -_ ) rsonally known to me or proved to me on the basis of
satisfactory evidence - to be the individual (s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their capacity, and that by his/her/their signatures) on the instrument,
the individual or the persons on behalf of which the individual (s) acted, executed
the instrument.
Nta2 ism
JENNIFEFR L CONEN
Notarp Public State 0f Nei York 2
NO.01C06247209
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P-0-®0X 443 UNDENMUR5T N'Y;1757 TOWN OF SOUTAOLO
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VOICE:63!h74.0156 —02F-02-151000
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BOARD MEMBERS � ` Southold Town Hall
Leslie Kanes Weisman,Chairperson ► `J El 53095 Main Road•P.O.Box 1179
Southold,NY 1 1 97 1-0959
James Dinizio,Jr.
Office ti :
Gerard P.Goehringer _NC Town Annex/First Floor,Capital One Bank
George Horning _ ' � 54375 Main Road(at Youngs Avenue)
Ken Schneider Southold,NY 1 i971
http://southoldtown.northfork.net REEVED
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD 11, 2012
Tel.(631)765-1809• Fax(631)765-9064 •
lout o{d Town Clerk
FINDINGS,DELIBERATIONS AND DETERMINATION
MEETING OF JANUARY 5,2012
ZBA FILE: 6524
NAME OF APPLICANT: Richard G.and Norma M,Moeller SCTM# 1000-21-02-15
PROPERTY LOCATION: 1155 Aquaview Ave. (adj.to Long Island Sound),East Marion,NY
SEO DE-TERMINATION: 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 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 Nov. 16, 2011 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 29,2011,based upon the recommendation,as well as the records
available to us, it is the Board's determination that the proposed action is INCONSISTENT with
the LWRP. The following best management practices are recommended: 1. require the creation of
a landscaped buffer from the top of bluff line landward to the Coastal Erosion Hazard Line, 2.
require the installation of drywells to capture run-off from all impervious surfaces.
PROPERTY FAQUIDESCRIPTION: The subject parcel is improved with a one story frame
dwelling,deck and a stairway from the top of bluff area to the bottom of bluff for access to the
Long Island Sound beach. The parcel is 13,83I square feet with 60 feet of road frontage along
Aquaview Ave., 42+/-feet along the Long Island Sound, 300+/- feet along the eastern property line
and 280+/-feet along its western property line,as shown on the survey prepared by Michael K.
Wicks,L.S.dated Sept. 28, 2009.
Page 2 of 4—January 5,2012
ZBA File#6524-Moeller
CTM: 1000-21-2-15
BASIS OF APPLICATION: -Request for Variances from Art.XXII Section 280-1 l6A(l)and
Article XXIII Section 280-124 and the Building Inspector's November 1,2011 Notice of
Disapproval based on an application for building permit for as built deck addition,at; 1) less than
code required 100 foot setback from top of bluff,2)less than the code required side yard setback of
10 feet.
RELIEF REQUESTED: The applicant proposes to maintain the subject 16'x14' deck constructed
under a 1985 building permit #14245Z (C.O. #Z13839) and reconstructed in 2009 without the
required building permit(s), thus subjecting the deck reconstruction to the "as-built" status
requiring area variances for; 1) a 27 foot setback from the top of bluff where the Code requires a
100 foot setback, 2)an approximately 6 foot (5.83 feet) side yard setback where the Code requires
10 feet.
ADDITIONAL INFORMATION:A letter dated November 22,2011 from Suffolk County Soil and
Water referencing a site inspection of the subject parcel concluded that " Overall the deck is not
having a significant impact on the stability of the bluff. Approximately half of the impervious area
could be contributing runoff toward the bluff edge but the bluff is currently well stabilized and not
showing any signs of erosion." Suffolk County Soil and Water made the following
recommendations: a drywell be installed to accept the runoff from the downspout on the northwest
corner of the dwelling, there are two downspouts on the east side of the dwelling out letting
directly onto the adjacent property,drywells for these two down spouts would eliminate impacting
the neighboring property.
FINDINGS OF FACT/REASONS FOR ROARD ACTION:
The Zoning Board of Appeals held a public hearing on this application on December 1,2011 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)(1)= Granting of the requested variances will not produce an
undesirable change in the character of the neighborhood or a detriment to nearby properties. The
deck was constructed in 1985 and exists in its 2009 reconstructed as-built status without creating
any undesirable change in the character of the neighborhood or detriment to nearby properties.
Waterside decks with non-conforming setbacks from the bluff exist in this neighborhood. The
applicant's deck is not visible from the street and is well-screened by landscaping and vegetation
from the adjoining neighbors property.
2. Town Law §267-b( )(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. The deck legally existed in
a nonconforming location and was reconstructed without a building permit subjecting the
reconstructed deck to an as-built status in a nonconforming location which then requires the
requested variances.
Page 3 of 4—January 5,2012
ZBA File96524-Moeller
CTM: 1000-21-2-15
3. Town Law 267-b(3)(b)( . The variances granted herein are both mathematically substantial.
The 27 foot"top of bluff' setback requires a 73% relaxation of the code required 100 foot setback
and the 5.83 foot side yard setback requires a 42% relaxation of the code required 10 feet. The
substantiality of the granted variances are mitigated by the acknowledgement that the subject deck
legally existed under permit#14245Z(C.O. #Z13839), was reconstructed in place and in kind and
does not create any new nonconformance or increase the degree of nonconformance with regard to
the regulations pertaining to the subject deck.
4. 'Town Law F267-b(3 (b)f4} 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 letter from Suffolk County Soil and Water dated November 22, 2011
indicated that"The bluff face is well established with vegetation and there are currently no signs of
any significant erosion at the site.
5. Town Law 267-b(3)(b)( . The difficulty has been self-created. The applicant reconstructed
the subject deck without the benefit of acquiring a building permit.
6.Town Law 267-b, Grant of the requested relief is the minimum action necessary and adequate
to enable the applicant to enjoy the benefit of reconstructing a deck while preserving and protecting
the character of the neighborhood and the health,safety and welfare of the community.
SOLUTION GT THE BOARD: In considering all of the above factors and applying the
balancing test under New York Town Law 267-13, motion was offered by Member Schneider,
seconded by Member Goehringer,and duly carried,to
GRANT, the variance as applied for, and shown on the Survey of the subject parcel prepared by
Michael K. Wicks,L.S. dated Sept. 28,2009,and the Architectural Drawings,sheets A-1,A-2, A-3
prepared by Mark S. Advocat,R,A.dated 05/20/08, revision dated 08/10/09
Conditions:
1. Create a 5 foot wide Landscaped Buffer, as defined in Section 268-3, from the top of the
bluff line landward towards the Coastal Erosion Hazard Line for the width of the parcel.
2. Install drywells for all downspouts on the dwelling as per Suffolk County Soil and Water
and LWRP recommendations.
That the above conditions be written into the Building Inspector's Certificate of Occupancy, when
issued.
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 given such as extensions, or demolitions which are not shown on the
applicant's diagrams or survey site maps, 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.
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 of 4—January 5,2012
ZBA File#6524-Moeller
CTM: 1000-21-2-15
Vote of the Board. Ayes Members Weisman(Chairperson), Goehringer, Schneider, DinPio, Horning. This Resolution
was duty adopted(5-0).
Leslie Kanes Weisman,Chairperson
Approved for filing / / /0 /2012
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