HomeMy WebLinkAbout52578-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#: 52578 Date: 12/29/2025
Permission is hereby granted to:
Shelter Island Sound Inc
1000 Paradise Point Rd
Southold, NY 11971
To:
legalize an "as built"accessory recreational structure (playground) as applied for per ZBA approval.
Premises Located at:
900 Paradise Point Rd, Southold, NY 11971
SCTM#81.-3-25.2
Pursuant to application dated 12/23/2025 and approved by the Building Inspector.
To expire on 12/29/2027.
Contractors:
Required Inspections:
Fees:
As Built Accessory Structure $691.50
CO Accessory $100.00
Total $791.50
Building Inspector
„w
r
y
S h To” of SOUTHOLD--BUILDING DEPARTMENT
M'0 Town Hall Annex 54375 Taro Road T. 0. Toy. 1179 Southold,,NY 119 1-095
4 Telephone(631) 7 5-1 �D2 Fax (631) 7+ 5- 502 , . o� ��o tow j o
-----------
Date Received
w,
APPLICATION FOR BUILDING PERMIT
E C E W L--3
For Office use Only
PERMIT NO. Building Inspector:--"
Applications and forms must be filled out in their entirety. Incomplete ,
applications will not be accepted. Where the Applicant is not the owner,an
PTown .. A
Owner's Authorization farm(Page 2)shall be completed.
Date:06-13.2025
OWNER(S)OF PROPERTY:
0
Name:Shelter Istird Sound, Inc. SCTM# 00 1-326
Proct A s Paradise Point Road, Southold, NY 11971
Phone#:631-747� Email.mia.r 'I'llerb"j',,,z@gma*ll.co,m
Mailing Address:1000 Paradise Point Road, Southold, NY 11971
CONTACT PERSON:
Name:Frank A. Isler
MailingAddress:456 Griffin Avenue, Riverhead, New York 11901
Phone#:631-727- 4100 Email:fisler@sfliy.com
DESItaN PROFESSIONAL INFORMATION:
Name:Stacy, Paetzel - Marshall Paetzel Landscape Architecture
Ma
iling Ad
� dress:PO Box 478, Mattltuck, NY 11952
Phone#:631-209-2410 Email:Stacy@mplastudio.com
CONTRACTOR INFORMATION:
Name:Bill Boergeson
Mailing Address:Pp Box 963, Southold, NY 11971
Phone#:516-901-7980 Email:baboerg constr@gmail.com
DESCRIPTION OF PROPOSED CONSTRUCTION
,New Structure C1Addition ❑Alteration ❑Repair ❑Demolition Estimated Cost of Project:
7rJ,000 �
❑other
Will the lot be re-graded? ❑Yes TNo Will excess fill be removed from premises? ❑Yes No
1
Will
PROPERTY INFORMATION
Existing use of property:Vacant Intended use of property:accessory recreational use
Zone or use district in which premises is situated.: Are there any covenants and restrictions with respect to
R-80 this property? ❑Yes *, No IF YES, PROVIDE A COPY.
0 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 dr 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.
4:Mark Millr 'nApplication Submitted B, ',,rint nOAUtn size d Agent ®owner
Dat
Signature of Applicant: e:
STATE OF NEW YORK)
CICK
i r
COUNTY OF
being duly sworn, deposes and says that(s)he is the applicant
(Name of individual si gning contra ct)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 th,"'s
20 Aday of Notary Public
FRANK A.ISLER,
No Public,We of New,York
ta
65
N911111k Cow o.4 '45
PROPERTY OWNER AUTHORIZATIOR! 'No.4 '>��5
3
Winton, Exp res
(Where the applicant is not the owner) tou
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
I I I I...............................
-T)D
BOARD I'vlE:lBE .
" Southold Town Hall.
Leslie Kanes Weisman Chairperson 53095 Main Road* P.O. Box 1179
Patricia Acampora
Southold,NY 11971-0959
Robert Lehnert Jr. Office Location.:
r�
Town Annex/First Floor
Nicholas Planaento
54375 Main.Road(at Youngs Avenue)
Margaret Steinbugler
UNIVSouthold,NY 11971.
RECEIVED
http.//southoldtownny.gov � �c
ZONING BOARD OF APPEALS
DEC, 23 20
o TOWN OF SOUTHOLD
Y rM WqW,nk.
J, °
`del. (631) 765-1809
SoUthold Town Clerk
FINDINGS, DELIBERATIONS AND DETERMINATION
ZBA FILE o.: 80+67
NAME OF APPLICANT: Shelter Island Sound, Inc.
PROPERTY LOCATION: 900 Paradise Point Road, Southold, NY SCTM No. 1000- l-3-2 .2
SS A � 1 1NA��l IO : The Zoning Board of Appeals leas visited the p��opertV Linder 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 SEC; RA.
SUP " LK COUNFFY
A MlNIS"f .ATIV CODE,.-* This application was not required to be referred to the Suffolk
County Department artment of Planning under the Suffolk County Administrative Code Sections A 14-14 to 23
wlI I
"� ` � l NA",I I�N. 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 December 3, 2025. Based upon the information
provided on the L J ..P Consistency Assessment Fon-n submitted to this department, as well as the records available,
it is recommended that the proposed action is
CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP.
Policy 6. Protect and restore the quality and function of the Town of Southold's ecosystem.
6,3. Protect,and restore ticial and freshwater wetlands.
A. Comply with statutory and regulatory requirements of Southold Town Board of Trustees laws
and regulations for all Andros Patent and other lands under jurisdiction.
D. Provide adequate buffers between wetlands and adjacent or nearby uses and activities in order to
ensure protection of the wetland's character, quality, values, arrd functions.
The proposed actions on undeveloped land are not in close proximity to the tidal waters of Shelter Island.
Sound and will not negatively impact surface water duality of otherwise harm wetland habitat and are
cons ister st with the LWRP.
PR . ` "I"N" I C,,T'S ': E. °l�I 'l"*I , : The subject parcel is a rectangular conforming 87,121 square foot property
in the R-80 Zoning District.The property ha.s 188.34 feet fronting Paradise Point Road,a northerly boundary running
591.53 feet from Paradise Point Road to Shelter Island Sound, 124.93 feet fronting Shelter Island Sound, and a
southerly border in two segments of 200.00 feet and 406.95 Feet between Shelter Island Sound and Paradise Point
Load, as shown oil the "Existing Site Plan" and "Proposed Playhouse and Playground Site Flan," SP l and SP2
Page 2, December 18, 2025
#8067 Shelter Island Sound, Inc.
SCTM No. 1000-81-3-25.2
respectively,prepared by Stacy Marshall Paetzel, Registered Landscape Architect,dated September 5,20251. A copy
1' C,, I el
of an illegible surve, , prepared by Aerial Land Surveying was also subinItted with the appl"cation. T ie parc
y
includes a boathouse, steps to Shelter Island Sound, and, a, playhouse under con tile subject of this
application. The parcel has no principal dwelling.
BASIS OF APP1,,,ICAJ`I'0,'N: Request for a Variance from Article 111, Section 280-13C(l) and the Building
---- R legal an "as built"'
Inspector's At,igust 11, 2025 Notice of Disapproval based on an appl,ication, 'for a, perm"t to leg, i
accesso recreational structure upon a vacant, lot; at: 1) "as built" c(,)nstruction of a, recreational bu,ilding and use is
ry
not permitted; located at: 900 Paradise Point Road, Southold,NY. SCTM No. 1000-81-3-25.2.
.7,
RELXEF RI:"XIIIIJES"'F ED: The applicant requests a variance tol egalize and cotTiplete construefl oti of flie partial lybU"It
aecess,o,ry playhouse structure on this lot which lacks a primary dwelling,,,as depicted,on,the, "'1E,xistIn,,9 S,I*te Plan and
"Proposed Playhouse and Playground Site Plan," SPI and SP'2 respectively, prepared. by Stacy Marshal ae°tze ,
Reg,istered Landscape Architect,,, dated September 5, 2025.
ADDITIONAL INFORIMA""nON:
..........
In the written appli,catilon and d,,tiring the hearing, tile apP� fi w
car representative indicated the applicant ouldbe
p
willingt pr
o place,a covenant on the operty ,that would, requ ire the appl cant to construct a residence on the roperty
i ,y, to remove the playhouse.
within ten,year's ofa,pproval of the variance OT,alternativel
A neighbor two properties north on Paradise Point Road submitted a letter of support for the project. No member of
the public wrote or spoke against the project.
The sub.ect parcel has Certificate of Occupancy No. 35501 dated March 22, 2012 pursuant to Building Permit No.
J
34609 dated April 13, 2009 for repairs and alterations to an existing boathouse.
RD ACTION
F IN D IN G,SO F`17 R EASONS, I'OR,130A.�
'114e,Zo,ning,Board of Appeals held a,publie,hearing on 'this application orl,December 4,2025 at which,tirne writt(-',-,n
and oral evidence were presented,,, Based Upon all te,stiM,ony-,,,documentati,on, perso,n�al,, ,,ins'peet.,to,n,ofthe property,
and,surround,ing lei h bofllood, and other,evidence,di,e Zon,ing Board,finds the fol lowing facts,to be true and
relevant and makes the following findings:
I Town Law§267-bQ) 'I Grant of the variance will not produce,an undesirable chatige, in,the character of the
elling existed on
ne,,lghborhood or a,detrini.en't to,'ritearby propert"Ies. No variancewOUld be required if a,pr*nc'pal dw
the property and I an,observer the road,the pla house appears,to be assoclated, with thke principat dwell in ors
I I I I y larpliayhouse was, situate ,
the aid jace'ntparce'l '1000 Parad Ise Point Road.,'The application states that a sn,�iallerbut siin t
detrinient
for twelve years,In,an locatio 1,SIM"ilar to the Subject playhotise,witho tit I'mpact to neghborhood character or,
to nearby properties. While the current playhouse is parti,ally vlsible,t�vm the road, it "'I's setback approximately,260
feet from the Parad'i'se Point Road property line and over time Will become, more, fully screened as recent plantings
along the road grow and mature.
2. Town Law The bene"Fit, sought by the applicant cannot be achIieved by some nriethod, fi *ble easi
owns,both t"he sub J
ject,and the adjacent parcel,
for the app licant to pursue,other,than an area,variance. he applicant
which is developed with a principal dwelling. However, the ap heant testified that the playtiouse cotild not be sited
p
on that fully developed lot.
3. Town Law,§Lj6w7 ww:�tQA4 b)(3), The variance granted herein is mathematically substantial, representing 100%relief
frot"n the code f r an accessory structure on a parcel without a principal dwelling. However,,ftie subject lot already
has the benefit of a Certificate of Occupancy for an accessory structure,the boat house,absent a principal dwelling,
Page 3, December 18, 2025
#8067 Shelter Island Sound, Inc.
SCTM No. 1000-81-3-2S.2
and the addition of a modest second accessar,y structure for the applicant's fianilly use for aliti-iited duration as agiVed
to by the applicant will have minimal Inipact. The applicant will file Covei'lants and Restrictions to either constntet
a principal dwelling on the subject parcel or remove the accessory playhouse structure within ten years.
4. Town, Law §2 7-1)0)(bA�41 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.
'Lbk.55�. lication stated, and the
5. Town Law 42,67-W311 The difficulty has been self-created. Although the app +
4 � . 4, , ayhouse,the, project's coritractor 11,1et
applicant's representative testifiled. iatprto, to Ini i titig con I
,�that r t t a struction of the ph
with the Town Building Inspector,to eot)firm that a Building Perm it was not needed for the project, it is tint clear,that
the project met the conditions for exemption from a BuildingPerrilit under 101F own Code,Section 144-8,(A)(2)(c),which
indicates that one-story p layhouses with gross floor area of 144 square feet or less,a associated'with a,dwelling,do
11, 1
not require a Building Permit. The subject playhouse has a covered secot'id level,albeit less than 144 sqtmi-e f vet1 a nd
while it is "associated" with a dwelling on the adjacent lot, is not an accessory to a principal dwelling on the same
lot.
6. Town-Law,§267-b Grant of the requested relief is the minimum action necessary and adequate to enable the
appfitcaiit to enjoy the beneflit of a new playhouse on a lot adjacent to his principal dwelling while preserving and
g
protectiti,g the character ofth,e neighborhood and the health, safety and welfare of the community.
actors and applying the balancing test under New
,F��$,()L(�"1710N OFrvwT ,HE BOARD,: In considering all of the above f
York Town Law 267-B, motion was offered by Member Steinbugler, seconded by Member Planamento, and duty
carried,to
GRANT the variance as applied for, and shown on the "Existing Site Plan" and "Proposed Playhouse and
Playground Site Plan," P I and SP2 respectively, prepared by Stacy Marshall Paetzel, Registered Landscape
Architect, dated September 5, 2025.
SUBJECTJO TH.F., F01.,LOWING CONDIM],111ONS,
I The p layhouse is to be used strictly by the applicant and his family for their sole use and shall not be open
to the public nor rented out.-
2. Theo,plicant shall place a Declaration of Covertant on the property,s:ut�j,ect,,to Town Attorney approval,,that
will reqtdre the app licant to construct a residence on the pro erty within ten years of'approval of the variance
or, alternatively, to remove the playhouse.
3. The app licant must apply to the Building Department for a building permit for the playhouse 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 to the Board of Appeals setting forth the reason(s)why the applicant was unable to
obtain a building permit in the time allotted.
4. 1"he applicant must obtain a Certificate of Occupancy froin the Bttill dingl)e� artment for the,play'lloLiseand
p
sub mi 'to the Office of the Zonin.g Board of Appeals withiA, twelve months, of this decision or sLibm1t
, it saine
a "tten request f6r an extension, to the Board of'Appeals settljig forth the reasons wliy the applicant was
wn
unable to obtain a Certificate of Occupancy in the time allotted.
S. The playhouse may not be used until a Certificate of Occupancy has been obtained.
This approval shall not be deemed effective until the required conditions have been met.At the discretion of
the Board qfAppeals,failure to comply with the above conditions may render this decision nu11 and
void.
Page 4, December 18, 2025
#8067 Shelter Island Sound, Inc.
SCTM No. 1000-81-3-25.2
That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued.
A, ituittis,in 'i n tlttit does,
The Board reserves I&L to,substitute a, sintilar des th tit I*A'*&.�m nature for antifterado
numo us relieLi:s"'req, ested within,onle, vear oL e ddte a
not increase the,degree nonevoLonnuhl. dedde,
the isdewision., Any Ltme a ter onei 1pear,the Board inavrequ ire,a.ne),V aptic ton.,
1
"ED 14 RYN,MPOR17ANT Ll"MITS,ON 7171-1E APPROVAL($ RANIE
No..................
Please Read CarghjL
Any deviationfrom the survey, site plan and/or architectural drawings cited in this decision, or work exceeding
the scope qf the replief granted herein, will result in delays andlor a possible den ta''Iby the Building,Department
of a building permit an dlor the issuance of a Stop Work Orde,r, and ma requ ire F new appli cation an 'ptib/ic
y a d
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.
[ME LIY[ITS,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)
I Pilo 11�11 WE WIT11
year terms.IT IS THE PROPERTY OWN"Ei Rl"I'S laSPONSIBILITY NSU"RE COMPLIAN
a #
14 comply
THIJ."Ll, CODEREDUI[RIIED TIM',,,'E FRANI-E�,DESCRIBUD HEREIN Failure toCOMDIVin a timely manner
1 1111111 Wm-
may result in the.denial by the 1 11 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)
1P
f
rt*. IL
A
...........
Chairperson
I ye Kane, Weisman,
Approved for filing 24-; -- 2025