HomeMy WebLinkAbout44387-Z TOWN OF SOUTHOLD
BUILDING DEPARTMENT
u
' TOWN CLERK'S OFFICE
SOUTHOLD, NY
1 �
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#: 44387 Date: 11/7/2019
Permission is hereby granted to:
Fahs, Marianne
PO BOX 464
Orient, NY 11957
To: construct deer fence as applied for ZBA
pp per approval.
At premises located at:
1325 King St, Orient
SCTM # 473889
Sec/Block/Lot# 27.-3-4.1
Pursuant to application dated 10/29/2019 and approved by the Building Inspector.
To expire on 5/7/2021.
Fees:
DEER FENCE $75.00
Total: $75.00
uil nspector
TOWN OF SOUTHOLD BUILDING PERMIT APPLICATION CHECKLIST
BUILDING DEPARTMENT Do you have or need the following,before applying'?
TOWN HALL Board of Health
SOUTHOLD, NY 11971 4 sets of Building Plans
TEL: (631) 765-1802 Planning Board approval
FAX: (631) 765-9502 Survey
SoutholdTown.NorthFork.net PERMIT NO. Check
Septic Form
N Y S.D.E.C.
Trustees
Flood Permit
Examined , 20 Storm-Water Assessment Form
OCT 2 4 9 Contact:
Approved '20 Mail to:
Disapproved a/c
one- 917-
Expiration
(„ r ilding sp for
• f`y .
CATION FOR BUILDING PERMIT
M 2 8 2019 Ajr*�2,,
Date 1i�j l0
INSTRUCTIONS
OWN 0s t�.0 J
a is application UST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4
sets of ans, accurate plot plan o scale. Fee according to schedule.
b. Plot plan showing locate of lot and of buildings on premises, relationship to adjoining premises or public streets or
areas, and waterways.
c. The work covered by this application may not be commenced before issuance of Building Permit.
d. Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant. Such a permit
shall be kept on the premises available for inspection throughout the work.
e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector
issues a Certificate of Occupancy.
f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of
issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the
property have been enacted in the interim,the Building Inspector may authorize, in writing, the extension of the permit for an
addition six months. Thereafter, a new permit shall be required.
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, or 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 for necessary inspections.
1�
(Signature of applicant or nam I
if a corporation)
T O-f' o K 4 4 , D P e-N T . IV`f II�t 57
(Mailing address of applicant)
State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder
� \ NEPA+ir�t"
Name of owner of premises L 17,14 F-11 f 1 1 PS ofJ
(As on the t x roll or latest deed)
If applicant is a corporation, signature of duly authorized officer
(Name and title of corporate officer)
Builders License No.
Plumbers License No.
Electricians License No.
Other Trade's License No.
1. Location of land on which proposed work will be done:
I to 56F ow> 1 j+w M 0(U ENT
House Number Street Hamlet
County Tax Map No. 1000 Section 2 "T Block �j Lot 4
Subdivision Filed Map No. Lot
2. State existing use and occupancy of premises and intended use and occupancy of proposed construction:
a. Existing use and occupancy O p E N 4-P4661'' VA-4A6!r LPt""
N •
b. Intended use and occupancy _
3. Nature of work (check which applicable): New Building Addition Alteration
Repair Removal Demolition Other Work 1 E'NG6
(Description)
4. Estimated Cost 'ii K Fee
(To be paid on filing this application)
5. If dwelling, number of dwelling units Number of dwelling units on each floor
If garage, number of cars
6. If business, commercial or mixed occupancy, specify nature and extent of each type of use.
7. Dimensions of existing structures, if any: Front Rear Depth
Height Number of Stories
Dimensions of same structure with alterations or additions: Front Rear
Depth Height Number of Stories
8. Dimensions of entire new construction: Front Rear Depth
Height Number of Stories
9. Size of lot: Front Rear Depth
10. Date of Purchase Name of Former Owner
11. Zone or use district in which premises are situated
12. Does proposed construction violate any zoning law, ordinance or regulation? YES 1/ NO
13. Will lot be re-graded? YES NO ✓Will excess fill be removed from premises? YES NQ/"
14. Names of Owner of premises 6ut,"k'TN I 6ddress R°4-Ii-i o12.teNr Phone No. V7. 1641
Name of Architect F?�/}�C-�{ '��a��Address Phone No S°
Name of Contractor Address 7&3. 9. OWajT Phone No. &3 L -SU-150;5
15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO
* IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED.
b. Is this property within 300 feet of a tidal wetland? * YES NO
* IF YES, D.E.C. PERMITS MAY BE REQUIRED.
16. Provide survey, to scale, with accurate foundation plan and distances to property lines.
17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey.
18. Are there any covenants and restrictions with respect to this property? * YES NO-X—
* IF YES, PROVIDE A COPY.
STATE OF NEW YORK)
SS:
COUNTY OF )
being duly sworn, deposes b& 6!46Nkr4 is the applicant
(Name of individual signing contract) above named, Notary per,State of New Y01*
No.01 BU6185W
( )S He is the Qualified in Suffolk Coin
.-.4
(Contractor, Agent, Corporate Officer, etc.) UOMMIUWLAI
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 knowledge and belief, and that the work will be
performed in the manner set forth in the application filed therewith.
Sw m tefore me th'
day of 20)1
Notary Public Signature of Appl' ant
FORM NO. 3
NOTICE OF DISAPPROVAL
TO: Elizabeth Thompson DATE: May 29, 2019
1325 King Street
Orient, NY 11957
Please take notice that your application dated May 28, 2019
For permit to construct an 8-foot deer fence at
Location of property: 1655 Old Farm Road Orient NY 13 Z5-
County Tax Map No. 1000 - Section 27 Block 3 Lot 4.1
Is returned herewith and disapproved on the following grounds:
The proposed fence is not permitted pursuant to Article XXII Section 280-105, which states,
i
"Fences, walls or berms may be erected and maintained subject to the following height limitations
C. "In residential and nonresidential zones except properties parcels engaged in bona fide
agricultural production the installation of a deer exclusion fence may be permitted by obtaining
a building permit issued by the building inspector subject to the following criteria
3. "Deer fencing is prohibited in or along the front yard of any property"
is vacant and is not en a ed in bona fide a icultural roduction therefore the deer fence
is not ermitt
otized S' natu e
Note to Applicant: Any change or deviation to the above referenced application, may require
further review by the Southold Town Building Department.
CC: file, Z.B.A.
` `�� BOARD MEMBERS ��OE SOUjyo Southold Town Hall
Leslie Kanes Weisman,Chairperson �� 1p 53095 Main Road •P.O.Box 1179
Southold,NY 11971-0959
Patricia Acampora CC C Office Location:
Eric Dantes Town Annex/First Floor,
Robert Lehnert,Jr. O 54375 Main Road(at Youngs Avenue)
Nicholas Planamento �yCOUM,� Southold,NY 11971
http://southoldtownny.gov RECEIVED
ZONING BOARD OF APPEALS Q, PA4010;05A(TOWN OF SOUTHOLDpCT2 8 2019
(, 2 8 �. Tel.(631)765-1809•Fax(631)765-9064 /�•
Sou old Town Clerk
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF OCTOBER 24, 2019
ZBA FILE: #7328 & #7329
NAME OF APPLICANT: Elizabeth Thompson and Marianne Fahs
PROPERTY LOCATION: 1655 Old Farm Road and 1325 King Street, Orient NY
SCTM: 1000-26-4-1 & 1000-27-3-4.1
SEORA 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 not required to be referred under the
Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning did
not issue a reply 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 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.
PROPERTY FACTS/DESCRIPTION: The subject, two contiguous lots, measure a total of 181,524 square feet,
4.167 acres, and consist of two Suffolk County Tax Map identifications, where SCTM 1000-26-4-1 (also known as
Lot 10 on the original Suffolk County subdivision map number#7045 labeled Bayview Farm) is a non-conforming,
62,097 square feet, 1.426 acre irregular shaped parcel located in the R-80 Zoning District and runs northeast from
the intersection with King Street 412.16 feet along a bend in Old Farm Road then runs south 299.50 feet along a
residentially developed lot to the east, then returns 318.68 feet along lands owned, to the south, by the applicant
back to the intersection at King Street. SCTM 1000-27-3-4.1 is a conforming 119,427 square feet, 2.74 acre
irregular shaped lot located in the R-80 Zoning District and measures 400.95 feet along King Street to the
intersection with Old Farm Road, then runs southeast 318.68 feet along lands owned, to the north, by the applicant
then continuing 312.54 feet along a residentially developed lot to the north and bending northeast 100.24 feet to a
point at the intersection with a right of way labeled Poquatuck Lane, then running southwest 171.77 feet along the
same right of way and then continuing west, along the right of way, 366.07 feet back to King Street. The merged
parcels are improved with a single-family residence with attached garage, a swimming pool, a shed and a solar
array pool heater, all located on SCTM 1000-26-4-1 and a split rail fence, on both lots, running along the road
frontages of King Street and Old Farm Lane as shown on the site plan by Elizabeth Thompson, Architect and dated
Page 2, October 24,2019
#7328 &47329
SCTm No. 1000-26-4-1 and 1000-27-3-4.1
May 20, 2019 and based on surveys prepared by Roderick van Tuyl, P.C., and dated March 22, 1985 and
September 18, 1989.
BASIS OF APPLICATION: Request for a Variance from Article XXII, Section 280-105 and the Building
Inspector's May 1, 2019, Notice of Disapproval based on an application to construct an 8 foot deer fence; at, 1)
more than the code required maximum 4 feet in height when located in the front yard; located at 1655 Old Farm
Road, Orient,NY, SCTM No. 1000-26-4-1 and Request for a Variance from Article XXII, Section 280-105 and the
Building Inspector's May 1, 2019, Notice of Disapproval based on an application to construct an 8 foot deer fence;
at, 1) more than the code required maximum 4 feet in height when located in the front yard; located at 1325 King
Street, Orient,NY. SCTM No. 1000-27-3-4.1.
RELIEF REQUESTED: The applicant requests variances to erect an 8 feet high deer fence behind an existing split
rail fence in a front yard where the code limits such fencing to 4 feet in height.
ADDITIONAL INFORMATION: A neighbor, further south on King Street, questioned the need for the deer
fence. SCTM lot 1000-26-4-1 is a non-conforming, residentially developed lot located in the R''=80 Zoning District
accessed via a circular drive entering and exiting from Old Farm Road. SCTM lot 1000-27-3-4.1 is a conforming,
undeveloped lot located in the R-80 Zoning District however, is deemed "OPEN SPACE" as identified in the
covenants and restrictions of the Kings Bay Estates Subdivision. As a result of the unique property boundaries of
the two adjacent lots and the convergence of two roads and a right of way, the applicant has three practical front
yards. The applicant,while not a farmer, is a prolific gardener and maintains a variety of fruit trees including apple
and cherry. The applicant stated that the apples grown on site are sold to a Brooklyn, NY producer of hard cider.
The applicant proposes to erect the deer fence to protect their crop, meeting a front yard set-back of at least 50 feet
running from the northeast side of the residence to the eastern lot line, and then following the lot line south and
crossing over onto the lot deemed "Open Space" then running west and crossing an existing access drive, then
following the northside of the access drive to King Street, then running behind the existing split-rail fence along
King Street to the intersection of Old Farm Road, at which point it crosses back onto the applicant's residentially
developed lot and continues behind the split-rail fence to the residential driveway and connecting with the West-
side of the house. The applicant indicates that they need to cross over the two lot lines in order to protect their
entire orchard and that they will not deer fence the majority of the "Open Space" parcel. The applicant submitted
documentation of neighboring agricultural properties in the immediate area that have deer fencing.
FINDINGS OF FACT/REASONS FOR BOARD ACTION:
The Zoning Board of Appeals held a public hearing on this application on October 10, 2019 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 X267-b(3)(b)(1). Grant of the variances will not produce an undesirable change in the character of
the neighborhood or a detriment to nearby properties. The immediate neighborhood surrounding the applicant's
residential property consists of larger residential lots, several of which are used agriculturally and currently
maintain deer fencing. Furthermore, the applicant is also the owner of an adjacent parcel which cannot be
developed with a single-family residence based on covenants and restrictions which require that it be maintained as
"open space." Relative to the "Open Space" requirements of the parcel, an orchard is in keeping with the spirit of
the original Kings Bay Estates subdivision and the proposed deer fencing to protect crops is characteristic of the
surrounding area.
Page 3, October 24,2019
#7328 Ს
SCTm No 1000-26-4-1 and 1000-27-3-4.1
2. Town Law 4267-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. In order for the applicant to protect their orchard from
deer,the only alternative is to partially enclose the parcels.
3. Town Law §267-b(3)(b)(3). The variances granted herein are mathematically substantial, representing 100%
relief from the code. However, the applicant has indicated that they will not fence the entire "Open Space" parcel
and will respect the 50 feet principal front yard setback for the fencing on the northeast side of the residence.
4. Town Law 4267-b(3)(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 4267-b(3)(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 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 deer fence in the front yard 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 267-13, motion was offered by Member Planamento, seconded by Member Lehnert, and duly
carried, to
GRANT the variances as applied for, and shown on the site plan prepared by Elizabeth Thompson, Architect, and
dated May 20, 2019.
Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays
and/or a possible denial by the Building Department of a building permit, and may require a new application and
public hearing before the Zoning Board of Appeals.
Any deviation from the variances) granted herein as shown on the architectural drawings, site plan and/or survey
cited above, such as alterations, extensions, or demolitions, 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. In the event that an approval is granted subject
to conditions, the approval shall not be deemed effective until the required conditions have been met; and failure to
comply therewith will render this approval null and void.
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.
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
Page 4, October 24,2019
#7328 Ს
SCTm No. 1000-26-4-1 and 1000-27-3-4.1
(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.
Vote of the Board: Ayes: Members Weisman (Chairperson), Dantes, Acampora,Planamento and Lehnert. (5-0)
to Kanes Weisman, ChaJperson
Approved for filing /0/,?/2019
FRECEIVED
JUN 5 2019
Zoning Board of Appeals
C.
Po t
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Bldg Dept copy from ZBA
Final reviewed docments r• '
ZBA File # :: ' ;=► �,
Date: / / C
J� ul
`-
OF ti
Job ��� ��!}� I Date
Elizabeth Thompson Architect I oi, ,
P.O. Box 464 917-848-1541 Title Scale
Orient, NY 11957
www.elizabeththompsonarchitect.com �'�� r C�.U '' �, ► I ��' 1/
Com/
APPROVED AS NOTE
DATE: IN B.P. w5i��Z
#
`K FEE: 5'
/ 3+4ANOTIFY BUILDING -_�-ARTMENT AT
765-1802 8 AM 4 PM FOR THE
FOLLOWING INSPEC NS
1. FOUNDATION - ' ' REQUIRED
FOR POURED CC%-(.�._ E
2. ROUGH - FRAMING E PLUMBING
0 3. INSULATION
Ekt/-;r, 'W'VIT 4. FINAL - CONSTRUCTION MUST
(�► ��A1G BE COMPLETE FOR C 0
�.., - pq, i:7w ALL CONSTRUCTION SHALL MEET THE
REQUIREMENTS OF THE CODES OF NEW
YORK STATE. NOT RESPONSIBLE FOR
kvIL Y - 14*7 - fCoo -m ,I?- DESIGN OR CONSTRUCTION ERRORS.
Ex+yf'IN.
/ COMPLY WITH
���, FEi..�,�
NEW YORK STATE & WN CODE,
; AS REQ
UIRED AND CONDITIONS 01-
PARD
I EES
fly
,�
� RETAIN STORM WATER RUNOFF �A
PURSUANT TO CHAPTER 236
OF THE TOWN CODE.
Job 13Z I`-I Date
Elizabeth Thompson Architect Iro55 a[,.D 54P-H P.V, j C,
P.O. Box 464 917-848-1541 Title Scale I F�7
Orient, NY 11957 n
www.elizabeththompsonarchitect.com