HomeMy WebLinkAbout52545-Z TOWN OF SOUTHOLD
BUILDING DEPARTMENT
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#: 52545 Date: 12/12/2025
Permission is hereby granted to:
Jaclyn Costantino
295 Beckwith Ave
Southold, NY 11971
To:
Construct an inground swimming pool accessory to an existing single-family dwelling as applied for
per ZBA approval. Pool and pool equipment must maintain 20 feet from all property lines.
Premises Located at:
155 Manor Rd, East Marion, NY 11939
SCTM# 38.-4-5.1
Pursuant to application dated 12/10/2025 and approved by the Building Inspector.
To expire on 12/12/2027.
Contractors:
Required Inspections:
Fees:
SWIMMING POOLS-IN-GROUND WITH FENCE ENCLOSURE $300.00
CO Swimming Pool $100.00
Total $400.00
__J&'
Building Inspector
rrrµ 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 littps://www.soutlioidto,wnriy. c r
Date Received
APPLICATION FOR BUILDING-Pc' "-
For Office Use Only
PERMIT NO. Building Inspector:. A P R 1 7 2025
Applications and forms must be filled out in their entirety.Incomplete
Bg applications will not be accepted. Where the Applicant is not the owner,an �rtlrflra ° a d
tTown of Southold
Owner's Authorization form(Page 2)shall be completed.
Date: 3A.11 Zoe
OWNERS)OF PROPERTY:
Name: 1AUW r4 CoS- e�-r�i\ro SCTM# 1000- $ _
Project Address: (S5 rn b If?p iA%T MR16 Dt . Not t h3c)
Phone#: q(pp - 3a-=1 — 3��1� Email: A�(1 tfanlf.�DUlviV011�T�11JH. C,DN1
Mailing Address: ?AS 5ectky►% &-enuf,) Sul N-Lb, I
CONTACT PERSON:
Name: At4b"W UMEZ (
Mailing Address: W- geawitk
Phone#: 0L p - 31'; 3C6°1Qo Email: nr tNe)&"CW1 t4Wr4qW• GSM
DESIGN PROFESSIONAL INFORMATION:
Name:,
Mailing Address:
Phone#: Email:
CONTRACTOR_INFORMATION:
Name:
Mailing Address:
Phone#: Email:
DESCRIPTION OF PROPOSED CONSTRUCTION
❑New Structure ❑Addition ❑Alteration ❑Repair ❑Demolition Estimated Cost of Project:
Other PC)O1. $
Will the lot be re-graded? ❑Yes ❑No Will excess fill be removed from premises? ❑Yes ❑No
1
PROPERTY INFORMATION
Existing use of property: Intended use of property:
Zone or use district in which premises is situated: Are there any covenants and restrictions with respect to
this property? ❑Yes ❑No 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 Z36 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 210.45 of the New York State Penal Law.
Application Submitted By pri na ie): A(j(ew Ch a t f i7 A ❑Authorized Agent ❑Owner
Signature of Applicant. Date: V1171 aO T5
CONNIE D.BUNCH
STATE OF NEW YORK) Notary Public,State of New York
SS: No,01 BU61'860
COUNTY OF ) Qualified in Suffolk County
Commission Expires April 14,
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
1 �V lay of �" ,20
Notary Public
PROPERTY OWNER AUTHORIZATION
(Where the applicant is not the owner)
I, 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
IDD
1 BOARD MEMBERS ,, so Southold Town Hall
53095 Main Road• P.O. Box 1179
Leslie Kanes Weisman, Chairperson , ,
� � Southold,NY 11971-0959
Patricia Acampora
Office Location:
Robert Lehnert, Jr. ,
Town Annex/First Floor
Nicholas Planamento , " 54375 Main Road(at Youngs Avenue)
Margaret Steinbugler �] , Southold,NY 11971
http://southoldtownny.gov RECEIVED
ZONING BOARD OF APPEALS 4- P-� C 9:q7 Mif
TOWN OF SOUTHOLD N 0 V 2 4 2025
Tel. (631) 765-1809
0UWtho1d Tbw Clerk
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF NOVEMBER 20, 2025
ZBA FILE: #8052
NAME OF APPLICANT: Jaclyn Costantino and Andrew Charron
PROPERTY LOCATION: 155 Manor Road, East Marion,NY SCTM: 1000-38-4-5.1
SERA DETERMINATION: 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.
SUFQLK COUNTY A17M.INIS I"IAA DIVE OI ,: 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 to 23.
LWR.P 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.
P OPEI TY FCC I' I1 1 CIZIPTI ' The subject,rectar girl r-shaped, 13,939.2 square feet, .33 acre parcel located
in the R40 Zoning District measures 130.40 feet along Manor Road (also known as Manor Mace), then runs west
96.48 feet along Cedar Lane(a private road servicing the Gardiner's Bay Estates community),then runs south 130.34
feet along a residentially developed parcel to the west and returns I0, 7 feet back to the roadway along a residentially
developed parcel to the south. The lot is irn proved with a two-story frame residence with a.roof over a masonry entry
porch, an attached ,garage, rear concrete entry stoop and a second concrete stoop on the south side of the structure
along with central air conditioning condensers,a fraine and brick entrance walk and are asphalt driveway,all as shown
on the survey prepared by Ward Brooks, Licensed Professional Surveyor, last dated April 2,2024.
I ASI OF APPLICATION: Request for a Variance from Article 111, Section 280-15 and the Building Inspector's
May 27, 2025 Notice of Disapproval based on an application foi-a permit to construct an accessory swimming pool;
1) located in other than the code permitted rear yard; located at: 155 Manor Road,, East Marion., NY. SCTM No.
1000-3 8-4-5.1.
RELIEF REQUESTED: The applicant requests a variance for the installation of an in-ground swimming pool
measuring 16 feet by 36 feet, located in a side yard east of the residence, where such improvements are to be located
in a compliant rear-yard location.
ADQFFI;ONA_L II'grORMATION: The applicant provided a Site Plan and Pool Schematic, Sheets labeled AO and
Al, prepared by Mark W. Schwartz, Registered Architect,dated January 1, 2024. This schematic illustrates the pool,
located in a side-yard, will have a front yard setback from Manor Road of 39.11 feet and a side yard setback from
Cedar Road of 21.5 feet.
Page 2,November 20,2025
48052, Constantino
SCTM No. 1000-3 8-4-5.1
At the Zoning Board of Appeals request, the applicant updated their site plan, and on November 14, 2025 provided
the Board with a revised Site Plan and Pool Schematic labeled AO-Al, prepared by Mark W, Schwartz, dated
November 13, 2025 illustrating, the dry well location, adding the expanded rear stoop and patio and calculating lot
coverage to be 18.6% where a maximum of 20% lot coverage is permitted, thereby ensuring, conformance with the
Town Code.
Improvements on the parcel are covered by the following Town of Southold Certificates of Occupancy:
#Z-15025 dated October 22, 1986 covering the construction of a single-family home with attached
garage.
#36715 dated January 15, 2014 covering the installation of roof mounted solar panels.
#46118 dated April 17, 2025 covering the installation of replacement windows, HVAC systems
and water heater.
Manor Road terminates at the subject parcel's driveway access and the remainder of the road end is an open grass
field presurnably designed to connect to Cedar Road,but as a result of the private nature of the Gardiner's Bay Estates
cOnlillunity, subject parcel, an outer corner lot, does not have vehicular access to Cedar
, was never achieved. The s
Road, although there is a rernarkable view to the east from the subject parcel to a preserved agricultural field planted
in lavender. The property visually appears to have two front yards.
No member of the public or an immediate neighbor spoke in favor of or against this application.
FINL]12_INQ5_ FACT/AE,A5 TN-5-MA UX A—R[)-A
The Zoning, Board of Appeals held a public hearing on t1lis application on November 6, 2025 at which time written
and oral evidence were presented, Based upon all testirnony,documentation, personal inspection of the property
and surrounding neighborhood, and other evidence„
dence, the Zoning Board finds the foNlowing facts to be true and
relevant and makes the following findings:
I Grant ofthe variance will not produce an undesirable change in the character of the
neighborhood or a detriment to nearby properties. "U'lle subject parcel is located in the Marion Manor subdivision
where pools are commonly found as accessory to residences, much like any neighborhood within the Town of
Southold. While placement in a side yard is not common, in this application, as a benefit of an unpaved and grass
covered road end, little to no detriment will be perceived by area residents or those using the roadway. Moreover,
the applicant has planted the perimeter of their property with evergreen screening to further reduce any potential for
visual impact while still taking advantage of the view to the east,through deer fencing, towards a lavender fan'll,
feasible
2. Town Law §26L-_bL3JLbA2 I The ben fit sought by the applicant cannot be achieved by some method, f
for the applicant to pursue, other than an area variance. As tile result of the placement of the original residential
structure with a shallow rear-yard and the recent construction of a rear patio, placement of a pool in a compliant
location would be difficult without removing these improvements, in addition,the subject lot fronts Or' three different
roads, although frontage on Cedar Road is not considered a front yard side since no vehicular access from the subject
property is possible.
3. Town Law 426�7-b 3�'W , The variance granted herein is mathematically substantial,representing 100% relief
from the code. However, the applicant has planted the west and north sides of the property with evergreen screening
and there is a large 'grass' road end to the south of the proposed pool location further distancing it from the adjacent
roadway and neighboring homes. In addition,the proposed setbacks from Manor Lane and Cedar Road are more than
double the required setbacks for accessory structures,
Page 3,November 20,2025
98052, Constantino
SCTM No. 1000-38-4-5.1
4. Town Law "267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential
0
conlinunity will have an adverse Inipact oil 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 V67-b(3)(W(5 . I'lle difficulty has been sell'-created. The applicant purchased the parcel after the
Zoning Code was in effect and it is presurned 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. lown LaWA-267-b- Grant of the requested relief is the inininlum action necessary and adequate to enable the
applicant to enjoy the benefit of an inground swimming Pool Measuring 16 feet by 36 feet in a side yard location
while preserving and protecting the character of the neighborhood and the health, safety and welfare of the
community.
&E,DLU -QE_I_RL_D()AK'D: 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 duty carried,
to
GRANT the variance as applied for, and shown on the Site Plan and Pool Schematic, labeled Sheets AO and At,
and prepared by Mark W. Schwartz, Registered Architect, last revised November 13, 2025.
St IR-IF.CT TO THE FOLLOWING CON)DLITIONS.',
1. 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.
2. Drywell for pool de-watering shall be installed.
This approval shall not be deemed e le
.Ifiwtive until the required conditions have been it t At the ttiscretion 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
lte Board reserves the ri I to substitute a similar des. n that is de minitnis in nature 6r an alteration that does
/
not increase the deeree ot'nonconkrritity, Provided de mininds relief i I within one lear o the date o
this decision. An time after one year, the Board in v rei. uire a new Lication.
IMPORTANT LIMITS ON' THE APPROVAL(SI GRANT D HERE
Please ReAg_Cgrefully
Any deviation from the survey, site plan andlor architectural drawings cited in this decision, or work exceeding
the scope of`the relief granted herein, will result,in delays andlor a possible denial by the Building Department
of a building permit andlor 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 andlor survey
cited above, such as afterations, extensions, demolitions, or demolitions exceeding the scope oJ'the relief granted
herein, are not authorized under this application when involving nonconprmilies under the zoning code. This
action does not authorize or condone any current or future use, setback or otherJeature of the subject property
Page 4, November 20,2025
48052, Constantino
SCTM No. 1000-38-4-5.1
that may violate the Zoning Code, other than such uses,setbacks and other features as are expressly addressed in
this action.
TIME LIMITS ON THIS APV tOVAL: 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 riled 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 RESPONSIBILITYTO ENSURE COMPLIANCE WITH
THE CODE,IMF QUIRED 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 Weisman(Chairperson), Planamento, Acampora, Lehnert, and Steinbugler. (5-0)
a Fl�
Leske Kancs Weisman, Chairperson
Approved for filing /// Z//2025