HomeMy WebLinkAbout52293-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#: 52293 Date: 09/24/2025
Permission is hereby granted to:
Cinchsure LLC
36 Hemlock Hill Rd
New Canaan, CT 06840
To:
legalize "as built" accessory shed/pool house as applied for perZBA approval. Additional certification
will be required.
Premises Located at:
1025 Great Peconic Bay Blvd, Laurel, NY 11948
SCTM# 129.4-5.2
Pursuant to application dated 09/24/2025 and approved by the Building Inspector.
To expire on 09/24/2027.
Contractors:
Required Inspections:
Fees:
As Built Accessory Structure $430.00
CO Accessory $100.00
Total S530.00
Building Inspector
ISgVF Wt TOWN OF SOUTHOLD—BUILDING DEPARTMENT
Town Hall Annex 54375 Main Road P. O. Box 1 179 Southold,NY 1 1 97 1-0959
Telephone (631) 765-1802 Fax (631) 765-9502 htt :��� ° r� °. twtltcylfitc i�Itw. ea�
APPLICATION FOR BUILDING PERMIT
For Office Use Only
PERMIT NO. + -3 Building Inspector:
Applications and forms must be filled out in their entirety.Incomplete Building Dppa#ment
applications will not be accepted. Where the Applicant is not the owner,an Town of Southold .'
Owner's Authorization form(Page 2)shall be completed.
Date: e�
OWNER(S)OF PROPERTY:
Name:Howard Boville SCTM#1000-129-1-5.2
Project Address: 1025 Great Peconic Bay Boulevard, Laurel
j Phone#:917-557-0421 Email:howard.boville@me.com
Mailing Address:36 Hemlock Hill Road, New Canaan CT 06840
CONTACT PERSON:
Name:Pat Moore
Mailing Address:51020 Min Road, Southold
Phone#:631-765-4330 Email:pcmoore@mooreattys.com
DESIGN PROFESSIONAL INFORMATION:
Name:
Mailing Address:
Phone#: Email:
CONTRACTOR INFORMATION:
Name: Pat
Mailing Address:
Phone#: Email„
DESCRIPTION OF PROPOSED CONSTRUCTION
❑New Structure ❑Addition ❑Alteration ❑Re �'tion Estimated Cost of Project:
D0 therW poc h $
Will the lot be re-graded? ❑Yes 19No Will excess fill be removed from premises? Dyes BNo
1
PROPERTY INFORMATION
Existing use of property:house & pool Intended use of property:
Zone or use district in which premises is situated: Are there any covenants and restrictions with respect to
r_40 this property? ❑Yes IgNo IF YES, PROVIDE A COPY.
❑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.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 210AS of the New York State Penal Law.
Application Submitted By(print name): "" -�/lC((a e. Utthj igAuthorized Agent ❑Owner
Signature of Applicant: w Date:
STATE OF NEW YORK)
SS:
COUNTY OF� �
-, 0-_... ltzy�,s being duly sworn, deposes and says that(s)he is the applicant
(Name of individual signing contract) above named,
(S)he is the !I
(Contractor,Age At,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 20oe-.J
Notary Public
MADISON MESSINA
PROPERTY OWNER AUTHORIZATION NOTARY PUBLIC,STATE OF NEW YORK
IICal1t IS 110t the OWrler Registration No.01ME6370536
Where the applicant ) OualiEled in Suffolk County Fyn
Commission Expires February 5,2P_%
I, Ot tJ �.�� ((� residing at
Lei (9 to a V1 do hereby authorize K C Ch Q 0 r-e— to apply on
my behalf to the Town of Southold Building Department for approval as described herein.
Owner's Signature Date
Ca,Ya1 : I 1 e
Print Owner's Name
2
BOARD MEMBERS � I (/r� Southold Town Hall
Leslie Kanes Weisman,Chairperson 53095 Main Road•P.O.Box 1179
Patricia Acampora Southold,NY 11971-0959
Robert Lehnert,Jr. Qfflgg Ucati :
Nicholas Planamento Town Annex/First Floor
Margaret Steinbugler ! '54375 Main Road(at Youngs Avenue)
+ Southold;NY 11971
http://southoldtownny.gov
RECEIVED
ZONING BOARD OF APPEALS J_ . 6 IIJ6,fib
TOWN OF SOUTHOLD SSEP 2 3 2025
Tel. (631)765-1809 k0&Ut4;*_
old Town Clerk
FINDINGS,DELIBERATIONS AND DETERMINATION
MEETING OF SEPTEMBER 18,2025
ZBA FILE: #8039
NAME OF APPLICANT: Cinchure LLC.Howard M.Boville,Member
PROPERTY LOCATION: 1025 Great Peconic Bay Blvd.,Laurel,NY SCTM No. 1000-129-1-5.2
SEQM DETERMINATION: The Zoning„Board of Appeals has visited the property under consideration in this
application and determines that this review fallsA under the Type II category of the State's List of Actions,without
further steps under SEQRA.
F'OLIO COIINT AD S T VE C E: This application was not required to be referred to the Suffolk
County Department of Planning under the Suffolk County Administrative Code Sections A 14-14 thru A14-25.
LWRP DETERMINATION: 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.
PR02EM FACTS ME RIPTION: The subject property is a 42,192 square foot conforming parcel located in
the R-40 Zoning District. The northerly property line measures 94.92 feet,the easterly property line measures 300.00
feet,the southerly property line measures 175.00 feet and is adjacent to Peconic Bay Boulevard,the westerly property
line measures 307.77 feet by filed map of Laurelwood Estates and approximately 226.80 feet by the deed. The
property is improved with a two-story frame dwelling with attached two-car garage with a raised wood deck attached
to the rear of the dwelling,with a concrete slab to the east of the deck with a hot tub. There is a play area along the
westerly side of the property in the rear yard,to the north of the play area along the westerly property line is a frame
shed with indoor storage-and an outdoor shower,north of the shed is a pergola that measures 12.3 feet x12.9 feet on
a raised stone patio with a stone fireplace with a 43 feet x 19.5 feet in ground swimming pool with a fence around
the whole area as shown on the survey map prepared by Howard W.Young,LS,and dated January 30,2025.
BASIS OF APPLICATIQN: Request for Variances from Article III, Sections 280-15; Article XXII, Section 280-
104C(1); and'the Building Inspector's May 13, 2025 Notice of Disapproval based on an application for a permit to
legalize "as built" accessory pergola, shed and patio; at 1) both "as built" shed and pergola are less than the code
required minimum side yard setback of 15 feet; 2)"as built"patio is projected less than four feet of a property line;
located at:1025 Great Peconic Bay Boulevard,Laurel,NY. SCTM No. 100-129-1-5.2.
RELIEF REQUESTED: The applicant requests variances to legalize an"as built"accessory pergola,'shed and patio.
The as-built construction, on this conforming 42,192 square foot lot located in the R-40 Zoning District, is not
permitted pursuant to Article III,Section 280-15,which states accessory buildings and structures shall be located in
the required rear yard and on a lot measuring 40,000-59,999 square feet in size require side and rear setbacks of 15
feet. The shed has a side yard setback of 10.1 feet, and the pergola has a side yard setback of 8.2 feet. In addition;
the as-built patio is not permitted pursuant to Article XXII, Section 280-104(1)which states paved terraces, steps
Page 2,September 18,2025
#8039,Boville-Cinchsure
SCTM No. 1000-129-1-5.2
s
and walks shall not project four feet of a property line. The patio has a 0 foot setback as shown on a Site Plan of the
"as built" shed, pergola and outdoor fireplace prepared by Mark Kevin Schwartz, Architect and dated October 2,
2024.
ADDITIONAL INFORMATION: The subject property is designated-as lot 1 of Laurelwood Estates subdivision.
The pergola was built 8.2 feet from the property line(according to the deed). However,the structure is 15 feet from
the line shown on the filed map of Laurel Estates. When the pergola was built the owner and the contractor followed
the property line shown on the filed map. The adjacent land is below the grade of the applicant's property line of
mature evergreens. The property line was misidentified and followed the subdivision line. The patio(on grade)was
believed to be 5 feet from the property line (using'the subdivision map lines) and the topographic features of the
property. The patio was designed with a decorative curb of a few inches. Due to the grade drop off on the adjacent
property the patio is slightly above grade along the adjacent property line. The applicant testified that there is a lot
line discrepancy between the property line on the filed map and the property line on the survey. The applicant
indicates that all future surveys of this property will always show the discrepancy between the two property lines as
a result of the initial error. Had the filed map followed the setbacks,all the accessory structures would be conforming.
The existing conditions of the Bovill'e(subject)parcel and the adjacent McNulty property appear to follow the filed
map. There are old stockade fences which run along the neighbor's property and follow,in part,the setbacks on the
filed map.
The`as built' garden shed has electric and an attached outdoor shower.
No member of the public or an immediate neighbor spoke in favor of or against this application.
FINDINGS OF FACT/REASONS FOR BOARD ACTION:
The Zoning Board of Appeals held a public hearing on this application on September 4,2025 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 li .' Grant of the variances will not produce an undesirable change in the character of
the neighborhood or a detriment to nearby properties. Laurelwood Estates,where the subject parcel is a residential
neighborhood consists of developed residential lots. The parcel is quite large with very large mature evergreens
surrounding the property. A large hedge also blocks the residence from the road, and the dwelling and accessory
structures are very setback from the road. Sheds are quite common in this neighborhood, along with patios and
pergolas for backyard enjoyment. The"as built"shed has been in existence for more than 25 years without issue to
the community,and the reduced setbacks will not be visible by those using the public roadway.
2. Town Law 267-bQ la 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 shed was built and located by previous owners without
a survey following the neighbor's fence line. The pergola and patio repeated the mistake. Moving the structures
would move them very close to the swimming pool. The structures are hidden by dense mature landscaping and
cannot be seen by-'neighbors and blocked from street view. Asa result of the initial survey error, no feasible
alternative exists to recognize these`as built' improvements without variance relief.
3. Town Law 267-b 3 b 3 » The variances granted herein are mathematically substantial, representing 33.3%
for the "as built"shed that has a reduced setback, 45.3% for the"as built"pergola that has a reduced setback, and
100% for the patio that has no setback. However, the land adjacent to where these structures were placed is an
undeveloped wooded lot to the west. There is no negative no impact on the community.
Page 3,September 18,2025 i
#8039,Boville—Cinchsure
SCTM No. 1000-129-1-5.2
4. Totvn .Law 267-b 3C 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 2.67-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 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the'
applicant to enjoy the benefit of a legalized shed,pergola and patio while preserving and protecting the character of
the neighborhood and the health, safety and welfare of the community.
RESOLUTION OF THE 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 Acampora, seconded by Member Steinbugler, and duly
carried,to
GRANT the variances as applied for and shown on the survey map prepared by Howard W.Young, LS and dated
January 30,2025 and architectural drawings and site plan prepared by Mark Kevin Schwartz, Architect,and dated
October 18,2025.
SUBJECT TO THE FOLLOWING CONDITIONS:
1. The"as built"shed shall remain uninhabitable and used only for storage.
2. The`as built' shed may continue to have basic electric and water.
3. 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 tc the Board of Appeals setting forth the reason(s)why the applicant
was unable to obtain a building permit in the time allotted.
4. 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.
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 ofOccupancy, when issued
The oard mse'rves the ri ht to substitute a similar des n that de min" in nature or an alteration that does
of increase the degree o noncon or " rovided de rninimis retie is re nested within one ear th date
this decision. Ang time after one year,the Ao_ard1=re uire anewggggLation.
EUPORTANT LMTS ON THE APPRgLVALM GRANTED M N
Please Read Carefully
Any deviation from the survey,site plan and/or architectural drawings cited in this decision,or work exceeding
the scope of the relief granted herein, will result in delays and/or a possible denial by the Building Department
of a building permit and/or the issuance of a Stop Work,Order, and may require anew application and public
hearing before the Zoning Board of Appeals.
Page 4,September 18,2025
#8039,Boville—Cinchsure
SCTM No. 1000-129-1-5.2
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 reliefgranted
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 LLVHTS 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,RESPONSIBILITY TO ENSURE COMPLIANCE WITH
THE CODE REQEIRED 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 Planamento(Vice Chair),Acampora,Lehnert, and Steinbugler. (4-0)
is 01 n o, ice Chair
Ap c� ed for filing /9-0 /2025