HomeMy WebLinkAbout52297-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#: 52297 Date: 09/25/2025
Permission is hereby granted to:
Alexander L Sutton
25500 Route 25
Orient, NY 11957
To:
legalize "as built"alterations to the attic(third floor) of an existing single-family dwelling as applied
for per ZBA approval. Additional certification may be required.
Premises Located at:
25500 Route 25, Orient, NY 11957
SCTM# 18.-6-10
Pursuant to application dated 04/04/2025 and approved by the Building Inspector.
To expire on 09/25/2027.
Contractors:
Required Inspections:
Fees:
As Built Alteration $915.00
CO-RESIDENTIAL $100.00
Fire Sprinkler-Residential $250.00
Total S1,265.00
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 litt ://wwiv soutlioldtowriny. oY
Date Received
APPLICATION FOR BUILDING PERMIT
0
For Office Use Only
PERMIT NO. , Building Inspector:
—JL_ E C E 0 V E
APR
Applications and forms must be filled out in their entirety.Incomplete
applications will not be accepted. Where the Applicant is not the owner,an
Owner's Authorization form(Page 2)shall be completed. Bu l Ing,Department
-Town of Southold
Date;
OWNER(S)OF PROPERTY:
Name: —�^ t� AUV_Q OL� 'S 4CTM# 1000-
Project Address: 1 1�'
_�2�5
Phone#: Email: -_ �2 �
Mailing Address: ,e04 Q.3 �
CONTACT PERSON:
Name:
Mailing Address:
Phone#: 51 _ Z� _ Z(a S Email: ftra
DESIGN PROFESSIONAL.INFORMATION:
Name:
Mailing Address: "7
Phone#: ,( - "" 2 Email: '
ti
CONTRACTOR INFORMATION: "r
Name: ,A
Mailing Address:
Phone#: 5 — Cj 2-(o Emai ° i
DESCRIPTION OF PROPOSED CONSTRUCTION
❑New Structure []Addition Iteration ❑Repair ❑Demolition Estimated Cost of Project:
❑Other A�_ (I $ C":f7-�C.j
Will the lot be re-graded? ❑Yes o Will excess fill be removed from premises? ❑Yes o
1
PROPERTY INFORMATION
Existing of use property:Q Intended use of property:
P P ert Y� � ..
Zone or use district in which premises is situated:. Are there any covenant and restrictions with respect to
this property? ❑Yes o 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 15 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 210.45 of the New York State Penal Law.
Application S tttlee print name) DAuth« rixe Agent Ctwner
Date:
Signature of Applicant:
STATE OF NEW YORK)
�k...COUNTY OF
being duly sworn, deposes and says that(s)he is the applicant
(Name of indivi !ual signing contract) above named,
ti
(S)he is the `f
(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 j�
r
..
day of � � . ? 20 ..
R
e' Notary Public
NCEi..A HlR �
Notary
o Nic-State tl'l 0018 w YorkROHERT'--OWNER AUTHORIZATION
I"`I'O
Qualified in Suflolk County (Where the applicant is not the owner)
My COMMiSSiOn Fvn"'�l �c.09,2027
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
BOARD MEMBERS '~ Southold Town Hall
'��i l�", t/''' 53095 Main Road •P.O. Box 1179
16Leslie Kanes Weisman, Chairperson r "
Patricia Acampora Southold,NY 11971-0959
Eric Dantes Olice l ocation:
Robert Lehnert, Jr.
Town Annex/First Floor
54375 Main Road(at Youngs Avenue)
Nicholas Planamento ' Southold, NY 11971
Ye t " P.E.CE V E D
http://southoldtownny.gov d— 6 '2.
r ZONING BOARD OF APPEALS
Q TOWN OF SOUTHOLD
Tel. (631) 765-1809 �So )o�;TT( ' n C
.". OT '1
DINGS, DELIBERATIONS AND DETERMINATION
MEETING OF OCTOBER 19,2023
ZBA FILE: 97831
NAME OF APPLICANT: Tracy and Alexander Sutton
PROPERTY LOCATION: 25500 Main Road, Orient, NY SCTM: 1000-18-6-10
SIi7QRA�II! TI RMIN�11 I :J�N: The Zoning Board of Appeals has visited the property under consideration in this
application and determines that this review falls under the Type 11 category of the State's List of Actions, without
further steps under SEQRA.
SU FOL C. j.0 1 " AD, ,;INISImm�,A ,IV_E` C(,I��F': 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 July 19, 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..
LWRP I ETERMIN 7mml( N., The relief, permit, or interpretation requested in this application is listed under the
Minor Actions exempt list and is not subject to review ruder Chapter 268.
P,C (1l.kmmmf;_ lP I IO : The subject, non-conforming, 40,314 square feet, .93-acre irregular-shaped
' f Y I � T"S,/Z�1 S ., ,.m
parcel located in the R-80 Zoning District measures 102.62 feet along Main Road a.k.a. State Route 25 then runs
south 228.80 feet along a residentially developed lot to the east,then runs west 94.92 feet along developed agricultural
lands, then continues north 65.20 feet, 89.73 feet west and 181.22 feet north along the same agriculturally developed
lands to the south and west. The lot is developed with a 3-story wood frame residential structure with a wrap-around
covered first floor porch on the west, north and east sides, exterior emergency stairs from the 2nd floor located on
the east side of the structure and rear.. wooden deck on the southside of the residence. The site is accessed via a
gravel, circular driveway from Main Road with a parking court on the eastern lot line and a brick patio on the eastside
located behind a wooden pergola spanning the distance between the residence and the eastern lot-line. A shed is also
located in the rear yard, all as shown on the survey prepared by John Minto, L.S. and dated March 10, 2021.
BASI., OF APPUC 1 ION: Request for a Variance from Article III, Section 280-14 and the Building Inspector's
June 28, 2023 Notice o1 Disap1)ror+al based on an ap pl I cati(,)it for a per n-iIt to legalize "as built" alterations to convert
to habitable space in the attic ('third floor) of a single fancily dwelling, and to rescind a condition of a permitted
Special Exception.- at. 1,) as per condition 414 stipulated in Special Exception Tole #7527SL. dated September 16 2021
which states the third I3nror attic shall not be used as living space by owner not- by the Bed and Breakfast guests and
is to remains unheated and unconditioned for storage use.., only-. located at 25500 Main Road, Orient,,NY. Sim°I'M No.
1000-18-6-10.
[,,..,I,.[,.F RZ Jlm.& ED: The applicant requests a variance for the use of a third-floor attic to be used as conditioned
���
living space including a half-bathroom,two (2) storage rooms, an office room and two (2) closets, plus storage under
Page 2, October 19,2023
#7831, Sutton
SCTM No. 1000-18-6-10
the attic eaves by the property owner(no Bed and Breakfast guests) where a prier Zoning Board of Appeals decision
(file#7527SE) limited the third-floor attic to remain unheated and unconditioned for storage use, only.
A 1W 1"TI(kNAL_TNF(&N[ TI�ON: No member of the public or an immediate neighbor spoke in favor of or against
this application.
The subject parcel is the beneficiary ofZBA decision#7527sc dated September 20, 20211 granting permission fbl—the.
applicant, to operate a bed and breakfast with 5 guest rooms for the lodging and serving of breakfast to 10 casual,
transient rooi'ners, The subject parcel has a unique history as illustrated by the. prior ZBA decision, 95307se dated
February 13, 2002 granting permission for the applicant to operate a similar bed and breakfast„ Improvements can
the subject parcel are covered partially by an unclear Pre-CertAcate of OCCUpancy which 01.1111nes the property's
development from an estate farmhouse to a group residences knower as Oysterponds l lonre for Adults (in Operation
from 1946't"o the: early 2000's)and its conversion back to a single-family residence w/r'on-habitable attic (3rd floor)
in 2003. The 2003 decision, granting the Special Exception indicates, "there is a third poor a small apartment
probably used by the prior owners on a seasonal basis". There is NO record of arry building perntrt converting, the
third-floor attic conversion to an apartment.
Improvements on the subject parcel are covered by the following Certificate of Occupancy:
#131 10 dated January 4, 1985 covering an addition & kitchen alteration.
414946 dated October 3, 1986 covering installation of an elevator.
934880 dated March 25, 2011 covering conversion of an adult home to a single-family dwelling
And #5307se, use as a Bed and Breakfast
938084 dated lmmebrUary 3, 2016 covering upgraded electric and lighting in kitchen.
#42635 dated December 18, 2021 covering an 'as-built' pergola addition to a single-family dwelling.
#431 15 dated Junes 4, 2022 covering installation of replacement windows.
#43650 dated December 3, 2022 covering installation of an accessory in-ground swimming pool.
#43784 dated January 25, 2023 covering roof-mounted solar panels to a single-family dwelling.
A STOP WORK OR19I I�, for construction without first obtaining a building permit was issued April 7, 2023 to the
applicant. Two (2) complaints were filed on the property. after inspection, by Fire Marshall Fred Visser, Irot't dated
April 21, 2023 for.
1. "Third floor being framed for an office, family room and what looks like a bedroom, additionally there
is a bathroom roughed out, in the basement a wall was constructed and additional walls are framed out
with new romex wiring, owner also admitted they are...."
2. "wiring electric through the house to replace old knob and tube electric."
The file indicates that there are two (2) open building permits on the primary structure:
4,49289 dated N/ ry, 22, 2023 covering Ic;galrzrrrg' as-built alterations to an existing dwelling.
#49288 dated May 22, 2023 covering `legalizing' as-built generator.
Throughout the application packet, in the applicant's handwriting, describing the variance request, the applicant
states `convert existing attic to storage rooms, half-bath, and office/studio' OR `attic alteration', despite
acknowledging the 2021 Special Exception condition #4, which stipulates: "the third-floor attic is not to be used as
living space by the owner nor by the B&B guests and is to remain unheated and unconditioned,for storage use, only."
The applicant provided rudimentary floor plans(first and second floor), without scale, labeled A 102 and A 103 drawn
by the applicant; Tracy Sutton and 'starnped' by John J. Condon. Licensed Professional Engineer, dated April 28,
2021 and a more detailed floor plan of proposed renovations to the non-habitable, third floor attic, labeled A101
drawn by the applicant, Tracy Sutton and `stamped' by John J. Condon, Licensed Professional Engineer, dated May
11, 2023 for the variance relief sought in this application.
Page 3, October 19,2023
#783 1, Sutton
SCTM No. 1000-18-6-10
The applicant provided undated photos, taken after their ownership commenced, ofthe third floor attic illustrating.
finished conditions consisting of"what appears to be a 1 98()-1990"s style bathroorn with molded fiberglass shower
enclosure, a pedestal sink and COITH-riode, sheetrock walls and 'peel 'n stick' type tiling; sliceirock finished areas
(visible tape cracking between Joints), vaulted ceiling and rugged flooring consistent with Modern, late 20"' Century
finishes and a visible 'steel' structural cable oj,tjle origirlal 19,1, cenjul-V Lj�lfinislled attic, In— a possible remanent I
the saine photo packet, the applicant provided in,iages of excessive bird and insect intrusion into the frarl"119()t"the
exposed attic r0Of'StrUCtUre, with removed sheetrock that Illustrates late 20"' century 2x4 construction, wiring, etc.
In one Photo the original 'balloon' ffilin-ling is visible with noticeably aged wood used in construction by contrast.
The applicant provided a second packet of photos that illustrate the present condition, post demolition of tile partition
walls, with full attic roof structure exposed consistent with the original 1911, century 'balloon framing' and
floorboards.
The applicant's agent argues that the original residential structure was built with a third floor, accessible fi-orn the
main stairwell and integrated into the house's design with consistent materials used. The applicant, on their own and
without a permit, dernotished all partition walls and all Knish alaterials, in contravention of stipulation 94 of the
Special Jwxcjnption granted them Ill 2021 and as such It Is virtually imipossible to determine what the original, pre-
1957 condition of tile third floor is or liovv it presently conforms to 1.1-le pre-Cellificate oJ'0cc,q-,)ancy, file H, Z-11669,
dated May 16, 1983. As a result of the applicant's extensive interior work performed and demotion without tile
benefit of a building permit for Interior renovations to a non-habitable, attic to be used for storage it is probable that
the Pre-Certificate of Occupancy, on the third floor, if it ever existed, is extinguished.
Members of the Zoning Board of Appeals performed an *interior site inspection on September 27, 2023.
]"he applicant offered personal testimony that lie (,,Nlexander Sutton) Without the benefit of a pen-nit, demolished the
'as-buill' ill-IPT-OVelneutS (most likely added li,,y a pnor ow,vner in the late 20"' century) to the third-floor attic space
Indicating that lie was unaware a pernin wvas required and knowingly in conflict with the very (Jecision (97527SE)
that allowed the applicant to operate a bed and breakfast in their residence. The applicant also stated that they were
unaware of any heat SOUI-CC on the third floor and that the,), presumed heat fi-onl the floors belowis unknown what the
radiated LIP to warm
I I -
the space,although they did indicate a gas line was discovered during the derriolition pi it
gas lisle inay heave !served or if it was ever evell UScd.
()it October 6, 2023) tile applicant's agent submitted to the Board a floor plan of the third-floor attic, drawn by the
applicant, illustrating the condition prior to dernolition, which Included a central living area,a bathroom, a bedroom,
I 'I
can office/studio, and various closets. Tile dOCLIIIIC.111 is undated, without scale and is not associated with any known
Town Of Southold document relative to the Pre-Certificate Of Occupancy, acknowledging unprovernents built Prior
to Zoning, or any Subsequent building permit or Certificate of Occupancy on the Subject parcel.
-)N ,I —
EjKD—N2i—QE EM(-1/ REAS( UL-QLa�)AMD-A ON:
The Zoning. Board or Appeals held a public hearing on this application on October 5, 2023 at which time written
and oral evidence were presented. Based upon all testia-Iony, docurnentation. 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:
Grant ol'alLernative relief will not produce all undesirable change in the character
of the neighborhood or a detriment to nearby properties. The exterior of the original residential Structure, was built
at an unknow &ate, but approximately 1905 according to documents submitted, and certainly well before Zoning was
established in Southold Town. In any case it, has existed in its established form without any expansion to the roofline
and as such, is a recognized three-story structure. Allowing partial use of the third-floor attic area will not alter the
Page 4, October 19,2023
#783 1, Sutton
SCTM No, 1000-18-6-10
community character in any way, as this structure has contributed to and partially defined the community character
of Orient, NY.
rr diaw
2. Town Law S"267-b'S 1) 2 . The benefit sought by the applicant can lie achieved by sortie iethod, a, ible
0 the applicant to purstic, other than an area variance. The applicant call convert an existing l.)edroorn or offier space
in the residence to an office or,construct an addition for niore living space to meet [lie owrier"s needs. Alternatively,
tile applicant can obtain a permit to fillish the basement, where according to the COMPLAINT 42023-12"74 dated
April 7, 2023 "a basement wall was constructed and additional walls are frarned out with new Rornex wiring...,'
Vel'SUS seeking as building, permit, for tile use of'a third-floor attic.
3. The variance granted herein is mathernatically substantial, representing 100% I-ehef
C�
from the Code. However, the 2002 Zoning Board of Appeal's file, 45307,SE con1licts, with the Pre-Cel-tificate Of
Occupancy, the 1966 ZBA file#990 decision and the 2021 ZBA file#7527 where there was no known finished space
in the third-floor attic.
4. Town LaA_§267-_1)L3 b 4 lance in this residential
_jC_jCj- No evidence has been submitted to suggest that a variance
colmilunity will have an adverse impact on the physical or environmental conditions In the neighborhood. The
applicant must comply with Chapter 236 c,)fthe Town's Storrs Water Management Code.
5. Town Law §262-_bL3 IL biff I 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 ofthe parcel Under the Zoning Code in effect prior to or at the time of purchase 1`u rthe 1-111 ore,
the, applicant was aware of stipulation 44 in tile Zoning B(mrd of Appeals 2021 (jecjsl()n file 0 75227 and could have
challenged it within 30 days of its filin& "I'lle applicant did not, but Instead, chose to alter the exkting condition of
the third-floor attic space. demoh.shima pailition walls and nevv fr-aniino, electric service, and plumbing.
Without the benefit of a permit.
6. jolviri Law '2 7-b. Grant of alternative relief is the rnininiuni action necessary and adequate to enable tile
applicant to enjoy the beriefit ol'a third-floor attic office/studio, two(2) storage rooms, two(2)closets aild Under attic
eave storage while preserving, and protecting the character of the ricighborhood and the heahh, safety and well"are of
the community.
-s and applying the balancing test Wider New
In considering all of the above factors
York Town Law 267-B, motion was offered by Member Planarnento, seconded by Mernber Dantes, and duly carried,
to
DENY as applied for and GRANT ALTERNATIVE RELIEF as follows.-i The applicant may finish with
sheetrock and insulate the third-floor attic space to include an office studio (measuring 11.5 feet by 23.4 feet) for the
sole purpose Of use by the resident/owner/bed and breakfast operator, partition closets and storage areas as shown on
floor plan Submitted with the application, drawn by the applicant, Tracy Sutton and signed by John J. Condon, PE,
labeled A 101 and dated May 11, 2023.
10 ar 1,�Lerniii,the al.�1")licont or agent Inust Submit to the Bourcl o '.4f
..kU_9
jiling, tvtv) wis ofiho final floor plan, vom�pecl b,v a licenseel prolession47i deSi,0770', ('0111bl'1111119 tO t1le "Ite"?
int, De arfinew,
reliefgraniecl herein The ZB,4 one set ol clpprove44 stanq�ecl efi-cm,'ings to the B1,40 , P
Fadvre tofi)llol,i; this procc'(110'e M(11V result in iht,', or clernal qfa builcling permit, cln Ipnt'I'V aVijldl 1'e 61 )701'
application and public hearing before the Zoning Board of Appeals
SUB,TE'C'1*."1'0 'rjE FOLLOWING C0!S_Q1110NS,
Page 5, October 19, 2023
97831, Sutton
SCTM No. 1000-18-6-10
1. The applicant shall NOT install Plumbing or a half-bathroom on the third floor. The proposed 3 d floor
half bath shall be used as a storage area or closet .
2. The building shall meet New York State Building Code relative to the use of a third floor and the
applicant is to install a fire suppression System.
1, No sleeping quarters are pen-nitted on [tic third floor.
4 No permanent heat source 0,r coticlitioning of any kind shall be permitted on the third floor.
.
5. The third floor is oil ly fol' 111C PrOPet-tY owner's Use and at no time shall a transient or Bed and Breakfast
guest have access to it.
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.
IMPORTANT LIMITS ON THE APPROVAL S GRANTED HEREIN
Please Read Carefully
Am,deviationfirotri the surveY, site plan "I'd/or architec,�tural drawings cited in this decision, or work exceeding
the scope of the relic, possible denial by the Building Department
-ranted herein, will result in delays andlor a W& I li
-der, and may require a new applic (tied pi b c
0j ei building perinit andlor the issuance of a.51op; Work 01
hearing bejore the f
Boar
Zoning g d o Appeals.
Any deviation from the variance(s)granted herein as shown on the architectural drawings, site plan andlor surve.v
cited above, such as alterations, ex-tensions, demolitions, or demolitions exceeding the scope of the relief granted
herein, are not authorized under this application when involving 01 all c0liformities under the zoning code. Th is action does not authorize or condone any current or.future use, setback or other feature qfthe subject properly,
that may violate the Zoning Code, other than such uses,setbacks t'ind other.features as tire twpressly 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 front 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
i�F—kl I
RESPONS11311 JTYTQ ENSURE COMPLIANCE WITH THE CODE RE r)(11 RED TIME
FRAME DESCRIBE,D __I:IEREEN, 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, Dantes, Acampora. Lehnert, Weisman This Resolution was duly
adopted (5-0).
Page 6, October 19, 2023
47831, Sutton
SCTM No. 1000-18-6-10
Leslie Kanes Weisman, Chairperson
Approved for filing / �' /2023
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