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HomeMy WebLinkAbout52552-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#: 52552 Date: 12/16/2025 Permission is hereby granted to: Carolyn F Kerwick 97 Dorchester Rd Rockville Centre, NY 11570 To: construct an accessory in-ground swimming pool as applied for per DEC,Trustees&ZBA approvals. Premises Located at: 1235 Wells Rd, Peconic, NY 11958 SCTM#75.-6-13.1 Pursuant to application dated 12/16/2025 and approved by the Building Inspector. To expire on 12/16/2027. Contractors: Required Inspections: Fees: SWIMMING POOLS-IN-GROUND WITH FENCE ENCLOSURE $300.00 CO Swimming Pool $100.00 Tota I S400.00 Building Inspector TOWN OF SOUTHOLD—BUILDING DEPARTMENT Town Hall Annex Southold,N T Telephone631) 7651 M 802Fax 631ain d 7655-9502 httos://www.soutl ww.sotutl \ _ -"aka Received APPLICATION FOR BUILDING PERMIT „ f Y For Office Use Only ,P PERMIT NO. : Building Ins ecaztm; I " 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. Date. C,2' OWNER(S)OF PROPERTY: Name: SCTM#1000-<&0K a-t, 13 Ar .r Project Address: A Phone#: Email: �• D� ' v q .0 ' Mailing Address: CONTACT PERSON: Name:3o %\ Mailing Address: i J kwfilb ) Email: Phone#: LOU ' "3 I � ". GMT ��",. .Co✓r� DESIGN PROFESSIONAL INFORMATION: Name: 1. w Mailing Address: t'5'osmtya- I + ) O Phone#: 15`b_ bci —Nqoo I Email: ' CONTRACTOR INFORMATION: Name: r Mailing Address. c� f, -- Phone#: l Email: DESCRIPTION OF PROPOSED CONSTRUCTION FT-NewStructure ❑Addition ❑Alteration ❑Repair ❑Demolition Estimated Cost of Project: ❑Other �IS ,S $ I5a.000 Will the lot be re-graded? ❑YesZrNo Will excess fill be removed from premises? ❑Yes Ao 1 PROPERTY INFORMATION Existing use of property: , Intended use of property: f Zone or use district in which premises is situated: Are there any covenants and restrictions with respect to this property? ❑Yes ENO 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 210.45 of the New York State Penal Law. A lication Submitted By(prininame): 65 1pp yp � C~�ithorized Agent ❑Owner Signature of Applicant: Date: CONNIE D.BUNCH STATE OF NEW YORK Notary Public,State of New York No.01BU6185050 SS: Qualified in Suffolk County COUNTY OF ) Commission Expires April 14, 2-z_Sr 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 - L 46�CA �,y� day of ®,20 `�"' "/1�/ �" 5Lf Notary Public PROPERTY OWNER Au n iguzATION (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 Building Department Application AUTHORIZATION (Where the Applicant is not the Owner) I, :._..._.. l2i !/v� residing at ' S _ . (Print pr pcily owner's name) (Mailing Address) . .... do hereby authorize (Agent) to apply on my behalf to the Southold Building Department. �r i . . L-Y�C (Owner' Si iatur (Date) .M (Print Owner's Name) 11� q Depart 111"ii�"nt o, . KATHY HOCHUL Governor TE Environmental AMANDA LEFTON i Conservation. Commissioner November 13, 2025 MELILLO, ROBERT 1235 WELLS RD PECONIC, NY 11958 Re: MELILLO PROPERTY 1235 WELLS RD SCTM# 1000-75-6-13.1 PECONIC, NY 11958 DEC ID: 1-4738-04999/00001 Dear Permittee: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6 NYCRR Part 621), we are enclosing your permit for the referenced activity. Please carefully read all permit conditions and special permit conditions contained in the permit to ensure compliance during the term of the permit. If you are unable to comply with any conditions, please contact us at the below address. Also enclosed is a permit sign which is to be conspicuously posted at the project site and protected from the weather, and a Notice of Commencement/Completion of Construction form. Sincerely, �-E C cl�A - 7�u= Laura F. Star Deputy Permit Administrator Enc. cc L. Manno DEC-BMHP Division of Environmental Permits, Region 1 50 Circle Road, Stony Brook, NY 11790 1 dec.ny_gov I dep.r1@dec_ny.gov 1 (631)444-0365 game NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-04999 PERMIT Under the Environmental Conservation Law 'CL F- Permittee and Facility Information Permit Issued To: Facility: ROBERT MELILLO MELILLO PROPERTY 1235 WELLS RD 1235 WELLS RDISCTM# 1000-75-6-13.1 PECONIC,NY 11958 PECONIC,NY 11958 CAROLYN MELILLO 1235 WELLS RD PECONIC,NY 11958 Facility Application Contact: LEONARDO MANNO 1090 CEDAR DR SOUTHOLD,NY 11971 Facility Location: in SOUTHOLD in SUFFOLK COUNTY Village: Peconic Facility Principal Reference Point: NYTM-E: 714.382 NYTM-N: 4546.456 Latitude: 41°02'28.0" Longitude: 72°26'58.0" Project Location: 1235 Wells Rd. Watercourse: Richmond Creek Authorized Activity: Install new pool, patio,fence,pool equipment, outdoor bbq, and drywells. Create new vegetated buffer planted with native species. All activities authorized by this permit must be in strict conformance with the attached plans stamped approved by NYSDEC on November 13, 2025. Permit Authorizations Tidal Wetlands -Under Article 25 Permit ID 1-4738-04999/00001 New Permit Effective Date: 11/13/2025 Expiration Date: 11/12/2030 Page 1 of 6 7,777 BOARD OF SOUTHOLD TOWN TRUSTEES ',",,JJJJJJJJT SOUTHOLD,NEW YORK PERMIT NO. 10862 DATE: AUGUST 13, 2025 W ISSUED TO: CAROLYN KERWICK rah 4, PROPERTY ADDRESS: 1235 WELLS ROAD,PECONIC X All SCTM# 1000-75-6-13.1 AUTHORIZATION Pursuant to the provisions of Chapter 275 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on August 13,2025 and in consideration of application fee in the sum of 112 10.00 paid by CLxolya Kerwick and subject to the Terms and Conditions as stated in the Resolution,the Southold Town Board of Trustees authorizes and permits the D following: Wetland Permit to construct a 15'x29' inground saltwater pool with a 1211 coping; a i, 423sq.ft. stone pool patio, pool enclosure fencing with gates, a 4'x8l pool equipment area, a pool drywell for backwash, and a 31x121 outdoor bbq counter area; with the Q condition to install gutters to leaders to drywells on the landward side of the dwelling; establish and perpetually maintain a 151 wide vegetated non-turf buffer along the landward edge of the wetland line surrounding the property; and as depicted on the site 1 01 1� plan prepared by Kenneth M. Woychuk Land Surveying PLLC, received on October 15,2025, and stamped approved on October 21,2025. IN WITNESS WHEREOF,the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of the day and year written above. f M %%If FQz C* =`.,=Z.______.;:........ EL 9 0 *ARROWWOOD VIBURNUM(20y 3'-4'o c. s 4'Ox4'DEE MAMERICAN BEACH GRASS(900 PLUGS)12"c c o DRY WELL { EL50 1ti GROUNDWATER EL 678 LAND N/F OF LF_ DAN IELLA CUNHA RAVIN LAND NIF OFF `4w ANDREWZANESKI �, µ Q' S4 _ w 74..... cp A "'.5 Fq '� 2'CANTILEVER ro ' � OVER CONC- n>«tld Y Po 25TY9Jv�kE w ovELING s UL I � n235 yI 7� fN: o 4 Y µ f r N cA sM ryry,,, 'ESA �.. vU.ALE' -'E'DRIVEWA �, �� I �„✓,✓�Y ,wow✓ �^; ..„ "w., _4 4�w w w; , 9.-^-✓"" TIDAL MARSH "Grpaw TIDAL MARSH 44 TIDAL WETLAND BOUNDARY �'t,r AS FLAGGED BY COLE ENVIRONMNETAL 2 SERVICES,09/19/23 L w �� TOWN OF SOUTHOLD LOTCOVERAGE DWELLING W/CANTILEVERS AND BALCONY: 1888 S.F. lL SHED: 86 S.F. LIMITT O Of MODERATE � � WAVE ACTION TOTAL EXISTING:1974 S.F,or 6.9% r BOUNDARY + PROP.STONE PATIO:423 S.F. PROP.POOL:480 S.F. p TIDAL.MARSH Jr, *A TOTAL PROPOSED:2877 S.F.or 10.0% �• � C G Z NYSDEC LOT COVERAGE LAND N/FOF S O I PAUL SCHINELLER 1'6" -ri O DWELLING W/CANTILEVERS AND BALCONY: 1888 S.F, s A L, SHED: 86 S.F. W "" I CONC.STOOPS:107 S.F. ELEV 70 0 C PROPrSTONEAL SPA70?423 S.F.or 7.2% srn s o°o° °_5. �w Y �r r m �b, O rn i PROP.POOL:480 S.F. 12 TOTAL PROPOSED:2984 S.F.or 10.4% eRowr 2'STORM WATER RETENTION CACLULATION SF Un saio V �"�� M ➢ DWELLING WI CANTILEVERS AND BALCONY: 'IMS S.F. GRAVEL 62 ' a - 1888x0.166=313.40.<3140,REQ. WAEF,N WATER EL0s REVISED10-07-25 PROVIDE(1)8'x4'DEEP DRY WELL RAI.E / ADD REVEG 08-05-25 (1)8'x5'DEEP DRY WELL =398 c.f.TOTAL MEEDII / REVISED 04-21-25 —OVERSIZED FOR POOL WASTE WATER s a° REVISED 01-25-25 FEMA MAP#36103CO162H GRAVEL REVISED 07/24/24 EFFECTIVE 09/25/2009 THE WATER SUPPLY, WELLS, DRYWELLS AND CESSPOOL OCT d,X23 LOCATIONS SHOWN ARE FROM FIELD OBSERVATIONS UPLAND BUILDABLE AREA : 28791 S.F. or 0.66 ACRES K WOYCHUKLS AND OR DATA OBTAINED FROM OTHERS. AREA:60,105.17 SQ.FT. or 1.38 ACRES ELEVATION DATUM: _NAVD88__ _ N,_,_____ UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A NOLA77ON OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE 777LE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTITUTION, GUARANTEES ARE NOT TRANSFERABLE. THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO GUIDE THE ERECTION OF FENCES, ADDITIONAL STRUCTURES OR AND OTHER IMPROVEMENTS. EASEMEN75 AND/OR SUBSURFACE STRUCTURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT THE TIME OF SURVEY SURVEY OF:DESCRIBED PROPERTY CERTIFIED TO: CAROLYN KERWICK; 4 MAP OF: FILED: SITUATED AT:PECONIC TOWN OF:SOUTHOLD KEI 'dK' 1'fQ '1H" K f '1 BLF' C SUFFOLK COUNTY, NEW l rofessions1 Land Surveying and Design Az� P.O. Box 15 3 Aquebogue, New York 11931 P BOARD MEMBERS �, , Southold Town Hall ,c,°� +�„ 53095 Main Road• P.O. Box 1179 Leslie Kanes Weisman, Chairperson p� ,� 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 co Southold,NY 11971 RECEIVED http://southoldtownny.gov , ZONING BOARD OF APPEALS MAR 2 5 2025 TOWN OF SOUTHOLD Tel. (631) 765-1809 JbLutho�ld&T=nIerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MARCH 20, 2025 ZBA FILE: #7991 NAME OF APPLICANT: Robert and Carolyn Melillo PROPERTY LOCATION: 1235 Wells Road, Peconic,NY SCTM No. 1000-75-6-13.1 SE RA 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. 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 December 18, 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. L'LVPP DE"fERMINA1ION; 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 February 14,2025. Based upon the information, provided on the LWRP Consistency Assessment Form submitted to this department,as well as'the records available, it is recommended that the proposed action.is EXEMPT from Coastal Consistency Review. PROPERTY FARM"I"S/DESCRIPTION: The subject property is a 60,105.17 sq. ff (buildable 2,8,791 sq. ft.) non- conforming parcel located in an R-80 Zoning District. The parcel is irregularly shaped and.runs 153.84 feet fronting "Wells Road, ruts south 92.82 feet, 99.49 feet axed 146.78 feet, and borders Richmond. Creek, measuring a total of 217.07 feet, and then runs 151.00 feet along the easterly property line. The property measures 220,00 feet along the northerly property line and then 94. ft feet along a right of way heading north wltei°e it meets Wells Road. A large portion of the property is located in a tidal marsh and is non-buildable. It is improved with an exisiing two-story residence. which has a Certificate of Occupancy (#Z 14101) dated December 18, 19.85, The property also has an accessory shed located in the northeast coiner of the property. The residence is landward of the flood zone boundary and tidal wetland boundary,all as shown on survey prepared by Kenneth M. Woychux, last revised January 25,2025. BASIS+ F APPLICATION: Request for Variance from Artwcle 111, Section 280-15 and the Building Inspector's October 18, 2024,,, Notice of I. rovai ased on an application for a permit to construct an accessory in-ground swimming pool; at; 1) located in area other than the code required rear yard; located at: 1235 Wells load (Adj. to Richmond Creek), Peconic,NY. SCTM No. 1000-75-6-13.1. RELIEF RE l_TESTED: The applicant requests a variance to install an accessory in-ground swim.niag pool located in the side yard where a rear yard location is required. Page 2, March 20,2025 #7991, Melillo SCTM No. 1000-75-6-13.1 ADDITIONAL FORNL TION: At the public hearing on March 6,2025,the applicant's agent testified that permit A_— '), applications have been filed with the New York Conservation State Department of Conseation (NYSDEC and the survey has been amended pursuant to all NYSDEC, requirements. The applicant provided updated surveys last revised January 25, 2025 showing the changes, Tile applicant will require a Wetland Permit frorn the Town,of Southold Board of Trustees. A—RD The Zoning Board of Appeals held a public hearing on this application on March 6, 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: I 'Town Law -267-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 subJect neighborhood consists of large homes on large, lots along, Richmond Creek. The subject lot is very irregular in shape and contains extensive wetlands. The proposed accessory swimming pool in the side yard achieves the greatest setback possible from both Richmond Creek and the tidal marsh located between the subject property and the adjacent property. There are no neighbors directly adjacent to the proposed pool location, which meets all the setback requirements and is not visible from either the road or the property to the south. 2. Town Law 6267-b(3)(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. Due to the location of the residence,the creek,the wetlands and the septic system in the front yard driveway area,the accessory pool is proposed to be located in the 0111y feasible place on the property. 3. Town Law §26.7--b 3)(b . The variance granted is herein mathematically substantial,representing 100%relief from the code, However,the proposed side yard is the only available location'that is landward of both the flood zone, and the wetlands boundary. Due to the tidal wetlands and the creek,the accessory pool can only be placed at the proposed location without needing further variance relief. 4. Town Law 6267-bQ(bJ(4h 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 inust comply with Chapter 236 of the Town's Storm Water Management Code, and the conditions set by the NYSDE,C, and the Board of Appeals. 5. Town Law 267-bQ(b)(5). 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 oil 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 an accessory swimming pool while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. In considering all of the above factors and applying the balancing test Linder New York,rown Law 267-B,motion was offered by Member Lehnert,seconded by Member Planamento,and duly carried, to Page 3, March 20,2025 #7991, Melillo SCTM No. 1000-75-6-13.1 GRANT the variance as applied for and shown on the Survey prepared by Kenneth M. Woychuk, Land Surveyor, last revised January 25, 2025. S ECT T'O THE FOLLOWING CONDITION l. Pool pump equipment/mechanicals must be located a minimum of 20 feet from any property line or be contained in a shed type of enclosure with a lot line set back that is in conformance with the bulk schedule for accessory structures. 2. 1C~Drywell for,pool de-watering shall be installed. 3. Approval from the Berard of Town Trustees is required 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 desi n that is de minimis in nature or an alteration that does not increase the die ree o noncon ornii � rovided de minimis relic 'is re nested within one ear o the date o this decision. An time a er one ear the Board may re wire a new a licati-on. IMPORTANT LIMITS ON THE A?,P'RG4"AL S GRANTI�'A IFII�RLIN Please Read Carefull 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 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 scree of the relief granted herein,are not authorized under this application when involving nonconformides 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 LMLIl'1+ILTS ON THIS APPROVAL Pursuant to Chapter 280-I46(B)of the Code of the Town of Southold any variance granted by the Board of Appeals shall become nu and void where a Certificate of occupancy has not been procured,and/or a subdivision snap 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( )consecutive one(I)year terms.IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE COMP LANCE WITH THE CODER ---- I TINW FRAM,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 Board: Ayes: Members Weisman(Chairperson), Planamento, Acampora, Lehnert, and Steinbugler. 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