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HomeMy WebLinkAbout52130-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#: 52130 Date: 07/28/2025 Permission is hereby granted to: Alexander W White 146 W 22nd St Apt PH New York, NY 10011 To: construct additions and alterations to existing single-family dwelling as applied for per ZBA approval. Premises Located at: 230 Kimberly Ln, Southold, NY 11971 SCTM# 70.-13-20.19 Pursuant to application dated 06/27/2025 and approved by the Building Inspector. To expire on 07/28/2027. Contractors: Required Inspections: Fees: Single Family Dwelling- Addition &Alteration $1,110.00 CO- ESIDENTIAL $100.00 Total S1,210.00 Building Inspector � TOWN OF SOUTHOLD—BUILDING DEPARTMENT Town Hall Annex 54375 Main Road P. O. Box 1179 Southold,NY 11971-0959 4 Telephone (631) 765-1802 Fax (631) 765-9502 littps:?/wviw.southoldtowniiy.gov 0,01 Date Received APPLICATION FOR BUILDING PERMIT For Office Use Only E � U E PERMIT NO. Building Inspector., UN 2025 b Building Department Town of Southold Date:06/27/25 ,, �� � � � , mmm m� i a ii Nam :April White SCTM# 1000-70-13-20.19 Project Address:230 Kimberly Lane, Southold, NY 11971 Phone#:949-35-5398 Email:macke.nn,a,,.,m.white@gmail.com Mailing Address:230 Kimberly Lane, Southold If ��1111 � �1, �, �f �..�6r r, i I i "I'll Name:Brooke,,Eppqrson Mailing Address: PO Box 152, Mattituck, NY 1,1952 Phone#:631 603 9092 Email.bepperson@amparchitect.com �,� �, �r✓�),i� Ali ai+ i la A 1, P / J n will Name:Anthony Portillo Mailing Address: PO Box 152, Mattituck, N.Y. 11952 Phone#:631 603 9092 _ Email:apokillo@amparchitect com 1 F t Name: Mailing Address: Phone#: Email: � � q. .... - y' lr Pl' 91".111 N,111.11�11`MI , 1 � ❑New Structure @Addition ❑Alteration ❑Repair ❑Demolition Estimated Cost of Project: ❑Other $ iso,000 Will the lot be re-graded? ❑Yes RNo Will excess fill be removed from premises? ❑Yes RNo 1 PROPERTY INFORMATION Existing use of property:Single Family Residential Intended use of property:Single Family Residential Zone or use district in which premises is situated: Are there any covenants and restrictions with respect to R40 Conforming I this property? ❑Yes @NO IF YES,PROVIDE A COPY, IN Check Box After Reading: The owner/contractor/desi`n wde clonal is responsible for all drainage and storm water issues as provided by Chapter 236 of the Town Code.APPUCATION IS HEREBY MADE to the Buiding Department for the Issuance of a Building Pwmlt pursuant to the Bu'"Zone Ordirwrce tithe Town of Southold,Suffolk,County,New York and other appli able laws,ordinances or Regulations,for the construction of bulldkrgs, additions,alterations or for removal or demolldon as herein described.The applicant agrees to comply with all applicable laws,ordinances,building code, housing code and ragulatlons and to adrnft authorized Inspectors on prembses and in building(s)for necessary Inspections.False statemmm made herein are punishable as a Class A misdemeanor pursuant to Section 210.45 of the New York State Penal Law. Application Submitted By t name):Brooke Epperson @Authorized Agent ®Owner Signature of Applicant: Date: STATE OF NEW YORK) S: 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 Agent (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 day of�June .ZDZ!tL , ry Public DARCEE AUFENANGER NOTARY PUBLIC,STATE OF NEW YOR PROPERTY OWNER Au'rHORIZATIONRegistration No.OIA00019644 (Where the applicant is not the owner) Qualified in Suffolk County C�ormmission Expires January 9, 0' ,, .�.flt—; ► �.,h:-+� residing at 230 Kimberly Lane, Southold do hereby authorize AMP Architecture to apply on my behalf to the Town of a hold Building Department for approval as described herein. 2—Q�A Owner's Signature Date Print Owner's Name 2 j[.]l 2 3 2025 U 3 611 Albert J. Kru STO�]E�.I�� WAT]E][Z SUPERVISOR �' '� l o tt MANAGEMENT SOUTHOLD TOWN HALL-P.O.Box 1179 53095 Main Road-SOUTHOLD,NEW YORK 11971 Town of Southold CHAPTER 236 - STORMWATER MANAGEMENT REFERRAL FORM ( APPLICANT INFORMATION TO BE COMPLETED BY THE APPLICANT ONLY FOR PROPERTIES ONE ACRE IN AREA OR LARGER. ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - APPLICANT: (Property Owner, Design Professional, Agent, Contractor, Other) NAME: AMP Architecture Date: 07/22/25 (Print) B�r�rapune�. �,Q� Contact Information: bepperson@amparchitect.com I IE-Mad&Telephone Numbed 631-603-9092 Property Address / Location of Construction Site: 230 Kimberly Lane S.C.T.M. #: 1000 District outhold NY_1 70 13 20.19 Section Block Lot TO BE COMPLETED BY SOUTHOLD TOWN ENGINEERING DEPARTMENT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - [] - Area of Disturbance is less than I Acre. No S.P.D.E.S. Permit is Re ulred l Project does Not Discharge to Waters of the State. No S.P.D.E'.S. Permit is R uired!' ❑ - Area of Disturbance is Greater than 1 Acre &Storm-water Runoff Discharges Directly to Waters of the State of New York. THE APPLICANT MUST OBTAIN a S.P.D.E.S. Permit DIRECTLY From N.Y.S. D.E.C. Prior to Issuance of a Build,ing,Permit. - Area of Disturbance is Greater than I Acre&Storm-water Runoff Flows Through Southold Towns MS Sy' 4 stems to Waters of the State of New York. THE APPLICANT MUST OBTAIN a RD.E.S. Permit throw h the Southold Town EnSineerigg Department Prig to Issuance of a Building Permit. Reviewed By: _Aad ad, L Date: FORM * SMCP-TOS December 2024 BOARD MEMBERS soy Southold Town Hall Leslie Kanes Weisman, Chairperson w 53095 Main Road • P.O. Box 1179 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 cou Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 October 1, 2024 Brooke Epperson AMP Architecture 10200 Main Road, Unit 3A Mattituck, NY 11952 Re: De Minimus Request, File#7940 White, 230 Kimberly Lane SCTM No. 1000-70-13-20.19 Dear Ms. Epperson; We are in receipt of your correspondence, dated September 26, 2024, requesting a de minimus approval related to ZBA determination#7940, dated September 19, 2024, in which a variance was granted to allow for exceeding the Gross Floor Area when constructing additions and alterations to an existing single family dwelling. In your letter, you explained that after the public hearing of September 5, 2024, your client has requested that you design 56 sq. ft. of additional living area space to make a mudroom larger within a garage. Accordingly, the Gross Floor Area(GFA) will increase to 5,920 sq. ft., exceeding the allowable GFA by 468.1 sq. ft. I have reviewed your request, the copy of the Architectural Plans that you provided, and the Board's September 19, 2024 determination which states that "Remaining porches, decks, garages, unconditioned areas and accessory structures may not be converted to living space. There maybe no further expansion of the Gross Floor LivingArea." I have determined that your request to increase the GFA for an additional 56 sq. ft., although contrary to the cited condition, is de minimus in nature. Please note all conditions of approval shall remain. Submit two (2) fully amended, dated, signed and sealed Architectural plans depicting the changes, and contact our office if you have any further questions. Sinslie Kans Weisman, Chairperson cc: Building Department BOARD MEMBERS ��rg soy/, Southold Town Hall Leslie Kanes Weisman, Chairperson "G 53095 Main Road • P.O. Box 1179 Southold,NY 11971-0959 Patricia Acampora CA QMice Location: Eric Dantes ��, Q Town Annex/First Floor, Robert Lehnert, Jr. ',r�,OU 54375 Main Road(at Youngs Avenue) Nicholas P1�r¢xanrcnto Southold NY 11971 EDEIVED 10:09 akv http://southoldtownny.gov " �11 Z N1NG BOARD OF APPEALS SEP 2 4 2024 TOWN OF SOUTHOLD Tel. (631) 765-1809 t9Cl'1 Clerk. Pp FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 19, 2024 ZBA FILE: #7940 NAME OF APPLICANT: Alexander and April White PROPERTY LOCATION: 230 Kimberly Lane, Southold,NY 11971 SCTM: 1000-70-13-20.19 SE RA DETE9M A"F'ION: 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. 1,.GI°F%OLK COUNTY-ADMINIST'RATI`E- 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 June 28, 2024 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWI P_ 7 T�°:I�MFNA�I"QN. 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. PRC PERTY FACTS/DESCRIPTION.- The subject,conforming,rectangular-shaped,47,022.00 square feet, 1.1 acre parcel in the R40 Zoning District measures 149.99 feet along Kimberly Lane, then runs west 309.69 feet along a residentially developed lot, then runs north 150.06 feet along North Bayview Road (with no access permitted),then returns east 315.92 feet back to the roadway. The parcel is developed with a two story frame house with attached garage, a roof over front entry porch, an attached pergola and a raised wood deck at the back of the residence, an attached outdoor shower,, masonry brick and block walkways, an asphalt driveway, air compressors for central air conditioning, a dry stacked stone wall along the Kimberly Lane, a masonry block patio and firepit, an inground pool measuring 20 feet by 40 feet with a stone patio surround, metal pool fencing, a chain link fence along the perimeter of the property behind the residence, and three (3) easements: an easement for well &water lines for the lots on the easterly side of Kimberly Lane on the subject lots northern and southern lot lines, and a 20 feet buffer"area to remain in its natural state/no access to North Bayview Road", as shown on the survey prepared by Nathan Taft Corwin, III, Licensed Land Surveyor, and dated October 12, 2023. DAM-OF APPLICATION: Request for a Variance from Article XXXVI, Section 280-207A(e) and the Building Inspector's May 7, 2024, Notice of Disapproval based on an application for a permit to construct additions and alterations to existing single family dwelling; 1) gross floor area exceeding permitted maximum square footage for lot containing up to 80,000 square feet in area; located at: 230 Kimberly Lane, Southold, NY. SCTM No. 1000-70- 13-20.19. Page 2, September 19,2024 #7940, White SCTM No. 1000-70-13-20.19 REI EF RE — I I I conforming front Q JESTE : The applicant requests a variance for the conversion of a portion of the confo covered porch, measuring 10 feet by 13.11 feet, for an additional 140 square feet of conditioned living area to accommodate an extension to the existing kitchen and dining room as part of an overall updating of the residence and reallocation of living space. As the result of the recently adopted Gross Floor Living Area(GFA)calculations, as defined in Chapter 280. Zoning Article XXXVI. Residential Dwelling Size Limits [amended 12-13-2,022) § 280- 207 (2)(c) for lots containing up to 80,000 square feet in lot area: a maximum conditioned home size of 5,100 square feet plus 5%of the lot area in excess of 40,000 square feet up to an area of 7,100 square feet maximum. The permitted gross floor area for this lot is 5,45 1.1 square feet. The proposed gross floor area is 5,864 square feet; representing ail overage of 413 square feet greater than allowed by the code. Af PITIONAL INFORMATION: The existing residence, was constructed before the adoption of this restriction, and currently exceeds the allowable GFA by 273 square feet. The applicant provided architectural drawings, including a site plan, site data, existing and proposed floor plans,and elevations labeled ZBA-01 through ZBA-06 prepared by Anthony M. Portillo, Registered Architect and dated May 13, 2024. Improvements on this parcel are covered by the following Certificate of Occupancy: #Z-17949 dated April 14, 1989 covering the construction of a new dwelling with attached garage and decks. #Z-24519 dated July 25, 1996 covering a garage and deck addition to an existing dwelling. #Z-33265 dated September 11, 2008 covering a bathroom alteration to an existing dwelling. #Z-33564 dated February 25, 2009 covering alterations and additions including a deck,trellis covered deck, screened porch and covered entry. #Z-39264 dated October 4, 2017 covering an accessory inground swimming pool, fenced to code. The applicant provided examples, calculating GFA of neighboring homes located in the Paradise by the Bay subdivision or immediate area illustrating an average livable floor area of 7,567 square feet. These calculations did not indicate the lot size for each parcel highlighted. it is common knowledge that the homes in the Paradise by the Bay subdivision are substantially larger than most other residences In the immediate community. The subject parcel is well landscaped with mature deciduous and evergreen plantings. No member of the public, or an immediate neighbor, spoke in favor of or against this application. L--LNDITiCr OF 1,OR BQA—RRAIZ,� � FACT/ RE&The Zoning Board of Appeals held a public hearing on this application on September 5, 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: 1. Town Law ti267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties, The Paradise by the Bay subdivision, where the subject property is located is a luxury bayfront community created in the late I 970's with large homes built around the original, pre- subdivision, estate house. While not all homes are directly on the Peconic Bay, there is a deeded access beach,that upland homes enjoy access to. The applicant's parcel is well landscaped and the expansion of additional living space onto an existing covered front porch, for an addition, of 140 square feet, will not be discernable to those passing by or using the public roadway as the structure already exists and is covered by an existing Certificate of Occupancy. Page 3, September 19,2024 #7940, White SCTM No. 1000-70-13-20.19 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 existing home exceeds the lot's allowable Gross Floor Area by 273 square feet; any addition for conditioned living space will require variance relief from Chapter 280. Zoning Article XXXVI. Residential Dwelling Size Limits § 280-207 (2)(c). Mitigating this relief, the applicant proposes converting a portion of an existing front porch and not adding any new construction to the site. 3. Town Law 267-b 3 'b The variance granted herein is mathematically substantial, representing 7.5% relief from the code. However,that calculation is based on the overall `overage' of 413 square feet more than the site can accommodate based on the current GFA calculation. In actuality, the `overage' is 140 square feet, or 2.5% more than the site allows, which is not mathematically substantial, because the house exists in its present form over the allowable GFA and has a valid Certificate of Occupancy on all improvements. No discernable difference in the structure will be observed by those unfamiliar with the code in granting relief for an additional 140 square feet. 4. Towle Law 267-b 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 must comply with Chapter 236 of the Town's Storm Water Management Code. 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 267-b-. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a portion of the front covered porch to be converted to habitable space, measuring 10 feet by 13.11 feet, for an additional 140 square feet of conditioned living area to accommodate an extension to the existing kitchen and dining room while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RI_SOLI..ITI�ON OF 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 Planamento,seconded by Member Lehnert,and duly carried, to GRANT the variance as applied for,and shown on the architectural drawings,including a site plan,site data,existing and proposed floor plans, and elevations labeled ZBA-01 through ZBA-06 prepared by Anthony M. Portillo, Registered Architect and dated May 13, 2024. SUBJECT TO THE FOLLOW-LNG CONDITIONS: 1. Remaining porches, decks, garages, unconditioned areas and accessory structures may not be converted to living space. There may be no further expansion of the Gross Floor Living Area. 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. Page 4, September 19,2024 #7940, White SCTM No. 1000-70-13-20.19 IMPORTANT LIMITS ON THE .APPROVALS GRANTED HEREIN Please Read C trefully Any deviation from the survey, site plan and/or architectural drawings cited in this decision, or work exceeding the scope of the reliefgranted herein, will result in delays antPor a possible denial by the Building Department 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 from the variance(s)granted herein as shown on the architectural drawings,site plan and/or survey cited above, such as alterations, extensions, demolitions, or demolitions exceeding the scope of the 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. TIME LIMITS ON TH,IS 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 RE'QUIRED TIME FRAME DESCRIBED UERELN. 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. (5-0) Leslie Kanes Weisman, Chairperson Approved for filing ?/�& /2024 ROAD SURVEY OF PINE NECK LOT 19 MAP OF o PARADISE BY THE BAY "'. FILE No. 6463 FILED NOVEMBER 4, 1976 SITUATE SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-70-13-20.19 SCALE 1"=20' OCTOBER 12, 2023 AREA = 47,022 sq. ft. 1.079 oc. CERTIFIED TO: MNEALEXANDER WILKE EA blEN1" grFL,C. 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(JVI 2M STOfH z � __ �€` � r „ 22.J A 1w smRr uNE1 LOT 19 ;a In ip � I10 0 o I '- HM3 Iw P 13,01 I 1 DO II I214 w Oo 2M STORY STM Lost LA o C71 WELL' I 4JN'M6 UW(PpX..[" D[&Duw'elttN cups .---�-„�'_ -3 Y UwulNo m ALTERAOON OR ADDITION — „a.�EAsEMENT """' TO THIS SURVEY 5 A NOIAOON OF SEC ON V yC�I 1 SDM e, EDUG1pN2�OF THE NEW YORK STATE xa� S 1 PB L _ _ � ^W" ADwfCTSNCC t DPowL'RRW y� W ,� CDPIES OF 1H6 SDIIVEY IMP HOT BENWG 06w50}" � DIE E SURVEYOR'S BREED SELL OR SI — .- ' a�r �x TO RE A SEAL RUE C NOT BE coHsrDEREo m 13'E. ex� FOR X"L"LL & W4rTER LI'E>1NES FG9R'Iw07"S ro BE A vum TRUE cDPr. LOT iB (IV 7,HE EA,5TE.RLY SIDE ART ��'��� � Iw�Aw Fi OERIIFICATIUNS INDICATED HEREON S RUN I ONLY TO THE,PERSON FOR BE. THE TO TSURVEY HE LS PREPARm,AND ON xei BFHALI'TO ME LEND OpIPANf.cO+EUSTED HE AGENEON,A AND TO TH C ISSIGNEES F TFD.ENDING AND TO THE ASSIGNEES OF ARE LNOT TC NMER nmoN,.cARRFlrwnoNs ARE NOT mNSFERADIE I THE EXISTENCE OF RNiHT OF WAYS AND/OR EASEMFNfS OF RECORD,IF ANY,NOT SHOWN ARE HOT GUARANTEED. SPANNED IN AO TO SUE EfS THE NMWUY Nathan Taft Corwin III PREPARED STANWDS FOR ORE SWNEYS T ESTABLISHED BY THE LIALS.AND APNiMED AND ADO I `' FOR SIICx USE THE NEW YOW STATE UND ASSOCMTIDw T Land Surve r or OnE Successor To:�l:J. Inoksen.Jr,LS. p gegno T,Ue Surveys-Subdivisions- Site Plans - C-1—li-Layout PHONE(631)727-2090 Fox(631)727-1727 OFFICES LOC470 AT MUNO ADDRESS 15136 MOin Road P.O.Box 16 Jomesport,New York 11947 Jomesporl,New York 11947 50467 E-MoE:NCorwin30Dol—m 43—ZOJ