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HomeMy WebLinkAbout44926-Z �SUFFOR c BUILDING DEPARTMENT ca TOWN CLERK'S OFFICE oy • ,� 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 #: 44926 Date: 6/26/2020 Permission is hereby granted to: QJSG Properties LLC 333 Central Park W Apt 106 New York, NY 10025 To: install a deer fence as applied for per ZBA approval. At premises located at: 38015 Route 25, Orient SCTM #473889 Sec/Block/Lot# 15.-2-15.7 Pursuant to application dated 6/23/2020 and approved by the Building Inspector. To expire on 6126/2021. Fees: DEER FENCE $75.00 Total: $75.00 Building Inspector Building Department Application AUTHORIZATION (Where the Applicant is not the Owner) 1, QJSG Properties LLC residing at Post Office Box 9398, (Print property owner's name) (Mailing Address) Riverhead, NY 11901 do hereby authorize Martin D. Finnegan, Esq. (Agent) to apply on my behalf to the Southold Building Department. rA ,— — (O er's Signature B ./Barbara Becker,Member By: Chad Gallant,Member QJSG Properties LLC (Print Owner's Name) TOWN OF SOUTHOLD BUILDING PERMIT APPLICATION CHECKLIST BUILDING DEPARTMENT Do you have or need the following,before applying9 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 Southoldtownny.gov PERMIT NO.4MaOL-10 Check Septic Form N.Y.S.D E.C. Trustees C.O.Application Flood Permit Examined ,20 Single&Separate Truss Identification Form Storm-Water Assessment Form tact: Approved 0 al Disapproved a/c _X* Phone: Expiration ,20 �PL-1,, i��� • ,; '; _�;-,4�� _`3 ��• nspector \ APPLI`CATION FOR BUILDING PERMIT OCT 1 1 2019 Date , 20 INSTRUCTIONS v'.I r•, !'1.'a,amp l?IR'��� ut � a. This applicittion'M J9T be"completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location 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]sept 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. (Signature of plicant or name,if a corporation) PO etc 0% Klperh&j lobt (Mailing addressfof applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises OE I —� (As on the tax 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 �nd on which Md wor will be done: Z�I \ (�_ -A House Number Street Hamlet County Tax Map No. 1000 Section , Block —7— Lot Subdivision Filed Map No. Lot 2. State existing use and occupancy of pre ' es and intended use and occupancy of proposed construction: a. Existing use and occupancy b. Intended use and occupancy - �` , 3. Nature of work (check which applicable): New Building Addition Alteration Repair Removal Demolition Other Work D:per �CJ�t�6� ,c&e (Description) 4. Estimated Cost 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 0i, 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 NO 13. Will lot be re-graded? YES NO Will excess fill be removed from premises? YES NO 14. Names of Owner of premises ( dress Phone No. 4LA i 7A Name of Architect Address Phone No Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES 'i 1 * 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 * IF YES, PROVIDE A COPY. STATE OF NEW YORK) SS: COUNTY OF ) being duly sworn, deposes and says that(s)he is the applicant (Name of individual signing contract) above named, COi NIE D.BUNCH Notary Public,State of New YerI (S)He is the No-GIBU6185050 (Contractor, Agent,Corporate Officer, etc.) �°o�irni�si©et Exeires Aefe 14.I(7 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. IV �o before me thi �� t C\ `�-1^\ day of 20 L' buNli� Notary Public ature of Applicant FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: October 18, 2019 TO: Martin Finnegan(QJSG Properties LLC)) PO Box 9398 Riverhead,NY 11901 Please take notice that your application dated October 11, 2019: For permit: to construct a deer fence at: Location of property: 38015 Route 25, East Marion, NY County Tax Map No. 1000—Section 15 Block 2 Lot 15.7 Is returned herewith and disapproved on the following grounds: The proposed deer fence is not permitted pursuant to Article XXII Section 280-105C (3), which states; "Deer fencing is prohibited in or along the front yard of any propert The deer fence is located in the front yard. AuthobAd Signature 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. 1 1 4 BOARD MEMBERS ��®�$®(/Py® Southold Town Hall Leslie Kanes Weisman,Chairpersonh0 ,C® 53095 Main Road •P.O.Box 1179 999 Southold,NY 11971-0959 Patricia Acampora N Office Location: Eric Dantes ® a® Town Annex/first Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) �C Nicholas Planamento 0UN11, Southold,NY 11971 http://southoldtownny.gov RECEIVED Put : TM EONING BOARD OF APPEALS � '" 3 07 = u J TOWN OF SOITTHOLD F E B z 2020 r, W-(631)765-1809•Fax(631)765-9064 0 9 3 2020 Southold Town Clerk FINDINGS, DELIBERATIONS AND DETERMINA G DVAETING OF FEBRUARY 20, 2020 ZBA FILE. ?371 '` .:L,�n,�:IOLD l NAME OF APPLICANT. QJSG Properties, LLC PROPERTY LOCATION: 38015 Main Road, Orient SCTM No. 1000-15-2-15.7 SEQRA 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 November 15, 2019 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 property, measuring 19.645 acres has access to NYS Route 25 with 337 42 feet in length flagpole having a width of approximately 50 feet, and runs along the easterly portion of the pioperty. A member of the LLC also owns the neighboring parcel to the north known as 1000-15-2-15 8, and also requires relief from the ZBA for a deer fence in the front yard. Collectively, the two parcels located in the R- 80 Zoning District measure 26.5 acres of land Iving between the Main Road and Lona Island Sound The property, measures 99.92 feet fi ontrna the '10ain Road (S.R. 25) along the southerly property line, measures approximately 2,050.00 feet along the easterly property line, measures 543.29 along the northerly property line and 1,763.16 feet along the westerly property line, then 208 56 feet alone, the southerly property line where_it then meets the aforementioned flagpole The property is improved with a one and one half-story frame house with porch and a tennis count, all shown on survey prepared by Nathan Taft Corwin III,L.S. last revised September 16.2019. BASIS OF APPLICATION• Request for a Variance from Article XXII, Section 280-105C(3) and the Building Inspector's October 18, 2019 Notice of Disapproval based on an application for a permit to construct a deer fence at, 1) more than the code permitted maximurn four (4) feet in height when located in the front yard, located at 38015 NYS Route 25, Orient,NY. SCTM#1000-15-2-15.7. RELIEF REQUESTED. The applicant requests a variance to construct a deer fence 8 feet in height in the front yard of the property, where only a 4-foot-high fence is allowed in a front yard. i v Page 2, February 20,2020 #7371, QJSG SCTM No. 1000-15-2-15.7 ADDITIONAL INFORMATION: The applicants for this variance and for variance ZBA #7369 (Becker) are related owners of adjacent parcels which are collectively 26.5 acres of land laying between the Main Road and Long Island Sound, both accessed by a long private flag from Main Road. The applicant's agent testified as to the need for the deer fencing and the unique ownership of the adjoining properties. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on February 6, 2020 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 5267-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 southern face of the proposed deer fence will not be seen from the maul road because it is approximately 1,450 feet set back from that road frontage. To the west the fence runs behind the rear yards of several homes in a wooded area. A significant portion of the fencing on the east side of the property runs along the driveway of the property and will have no impact on the wooded property to the east. 2. _Town Law $267-b(3)(1b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The proposed fence, which is non-conforming in height in a front yard on a residential lot, is the only possible way to attempt to control deer intrusion unto the property. 3 Town Law $267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 100% relief from the code. However, the location of the proposed accessory fencing in the front yard is a far greater front yard setback from the road than the setback required for a principal dwelling and, at a distance of 1,450 feet from the road, will not be seen fiom either the road or adjacent properties. 4 Town Law 5267-1b(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 5267-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 5267-b. Grant of the requested relief is the mmnnum action necessary and adequate to enable the applicant to enjoy the benefit of a deer fence 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-B, motion was offered by Member Lennert, seconded by Member Planamento, and duly carried, to GRANT the variance as applied for, and shown on the survey by Nathan Taft Corwin, Land Surveyor, and last revised September 19, 2019. n t Page 3,February 20,2020 47371,QJSG SCTM No. 1000-15-2-15.7 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 variance(s) 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 fitture 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 this is an approval subject to conditions, the approval shall not be deemed effective until such time that the foregoing conditions are 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 mminns in nature for an alteration that does not increase the degree Of rronconforrnity. 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) year terms. Vote of the Board: Ayes: Members Weisman (Chairperson), Dantes, Planamento and Lehnert(4-0) (Member Acampora Absent) ie Kanes Weisman; Chairperson Approved for filing A /,�O /2020 Twomey V& Latham SHEA, KELLEY, DUBIN & QUARTARARO, LLP Thomas A.Twomey,Jr i Martin D.Finnegan (1945-2014) JUN 1 8 2020 Partner Stephen B.Latham John F Shea,III 631-727-2180,x-265 Christopher D Kelley David M Dubin "".';`r;'�)�',(`. ;.A mfinneganL4suffolklaGv.com Jay P Quartararo t Peter M Mott ti. June 15, 2020 Janice L.Snead Bryan C.Van Cott Kathryn Dalli Martin D.Finnegan o Via Regular bail Reza Ebrahimi Jeffrey W Pagano ■ Karen A.Hoeg Southold Town Building Department Bernadette E Tuthill Craig H.Handler Attn: Amanda Nunemaker Town of Southold Bryan J Drago P.O. Box 1179 Alexandra Halsey-Storch Southold,NY 11971-0959 Katerina Grinko Lorraine Paceleo Terrence Russell Daniel R.Bernard to Re: Area Variance Application of Barbara Becker Christina M Noon Premises: 38015 Main Road, Orient,NY A Chadwick Bnedis SCTM#1000-15-2-15.8 and 15.7 OF COUNSEL Lisa Clare Kombrink Dear Amanda: Kevin M.Fox Kelly E.Klnirons Patricia J Russell With respect to the above-referenced Application, enclosed please find three Jennifer CragGibs negro ♦ checks mads:payable to the Town of Southold each in the amount of$75.00 Joan Morgan McGivern representing the required filing fees and three original surveys. NY&LA BARS t LL M IN TAXATION ♦ NY&NJ BARS Kindly advise if you require any further documentation. Thank you for your O NY,NJ&PA BARS ■ NY,NJ&Dc BARS patience. NY,NJ&FL BARS Main Office Very tru -aours, 33 West Second St. P.O. Box 9398 Riverhead,NY 11901 631.727.2180 M i , . 'innegan suffolklaw.com MDF/as Enclosures cc: Chad Gallant& Barbara.Becker(aria email) �I O SOP Isl o11ch- �`''S 76 as 4a" tr �D $ �5�1.Aa" N 6 -_-b4 0 6' 104Ifp512/-/�p 14D►sn == n o Ta �N�USE W► .•SUb,IECY'.•.'.'. 7 2Q 'mss' OF � x 1 1 pt : .PREMISES... N 65526 uNE X4.6 P/ 5/, J% \O ti 6 _J i .. .. . ... .. . / - ~/~,~~ .1AR J t 1 it yc s � / �_�_ GGA,1A 5lo ofo N�E45�866'83 � X27.2 �y i i .''` - _ SHA�ap�AOFP4 ' `. SHEE1 t L� ./.i:;:""''•'' `moi / 1J . r J 1 4'' . .. .. .. .. .. - Y':%O ' / /' ` + ``, i`- 11 I It t -Z / �' t\yi l x27.7 I N 97 54'34" E 1, i i .. . . .. ... tY'' v , = % i i\ i -----/ I 100.00' l � CONC.O. \ ` FOUND CONC. •, 1 1 J f �O• HOUSE 1� MON.0.3'S.p`3'W. i t tt j\ MOUSE LSOG r� \\ ``- ... .. ... . X2266.4OO ^•\ I ��,♦ _.20 SEE P ... .. ... . �F nt' i N rr \ HOUSE DETAL \ N ♦ `c'2 2 STORY L.I W �--t- y� _1I ------- O O FRAME j �W,4TER LIN \J `; I . . ►\>` HOU ` --_ --�-- E I-- -------- POLE ------POLE 8-1 \ I j FRONT N 685,,120'0,+ JGUY WIRE �--- `- -` ' OF HOUSE ` Orr1,I.n o r+�26.7X PROPANE r1 r� P P"* ! NEST WELL .�.�� •� o,�S'r+� rTANK ` ^ 30. `1 �•Q�,Vj ,' i r; �, W VALVE DIRT ROAD 1 KEY MAP L` ! =' ��• ' ---- -=-- --T �S SQA• .� ��" --`. ; 'I � --�{----TS�ar_+- / L y a4 5 ` t r DItI�P'F_ _t +(,Ool�P" eRAEs ; I I f 24 r-` t GRAVEL \ , t OUS SCALE 1 "=600' N off° 20 x226 26gX PGO1;I --- ' i �N N 6850 / SNS_ Q `EG� y 11EOGE owl 1 ' t �♦'-�; ` LOT'S �w r ' 02-15.8 S.C. AX No. 1000-15- , I / I AREA = 30685910 sq• ft. , I - (TO TIE 7.044 aot 543.29' I I I I , . 26.9 543 29' r SURVEY OF PROPERTY SITUATED AT 85'35'16_t ---- I -- S N �,35'16" E `--- OT 2 `` ORIENT \� [� S.C. TAX N 1000-15-02-159iI `\ N o II ro , TOWN OF SOUTHOLD a� AREA = 8745.90 sq. f+• pro SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-15-02-15.77 RAIN19.6-,1000-15-02-15.0 \ H;IN-G HN UNK FENCE P�oLSCALE 1"=100 w NOVEMBER 3, 2018 ^ x'`5'6 Ir te , rig i l/2 sroRY I�9 ' SEMC \, /ROQF OVER I66' SEPTEMBER 16, 2019 ADD PROPOSED DEER FENCE N FRAME.HOUSE tib ' .�� TANK TOTAL LOT AREA = 1,162,605.00 sq. ft. a ' WOOD\PORCH_ P --- __7 TOTAL --- (I 2O'� ` _ Pi-38.0 A/C UNA t r r 20 , ♦ 26.690 ac. rn ._`.` P ._ + M J 1 I rn \ I _ SLATE CE I CERTIFIED TO: '--`\ i WALK i `{` r r JONATHAN CHAD GALLANT FENCE`, ``� JJU J `- BARBARA LYNN BECKER t 3.8'E•t . UNDERGROUND OLD REPUBLIC TITLE COMPANY HAIN UNK FEN% TANK CAP 4 I I E , �DRAIN-r. PROPANE r W NOTES: Mo.4E % 1-1 q,-DRAIN , I It X16.8 `------' tea\ o.e 5 (' i, I. THIS PROPERTY IS SHOWN AS LOTS 1 & 2 ON SET-OFF MAP PREPARED FOR AMELIA MENOOZA % y , MAP FILED AT THE SUFFOLK COUNTY CLERK'S OFFICE -O x19.4 ON FEBRUARY 16, 2005 AS MAP No. A-591. 2. ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM t®x "10 `\ EXISTING ELEVATIONS ARE SHOWN THUS: x26.4 t, EXISTING CONTOUR LINES ARE SHOWN THUS:-----------Ro--------- It FOUNDCONC. 7D i 'Pq,,, O,P i I X15.2 IRON.0.8'E. 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ANDS i 60.0' W o i g SUFFou(EMSRON�..g g6Eft.SUL7.0G2O 1. O+ JL iJ`` �____' _-_- _ - -_- ' it j t X7.3 IROOF OVER WOOD PORCH o ! AS DELINEATED lA- - AL ----------------------------------------------------- - -' A47.9' --------------------------------I _ \`t ^ I o *ATE! LINE ♦\`0-- mGE OF LA'Mt.- 23 0 / F ---- -- 0 i CS 19.._^ ^ PIPE `\ `♦ \ N'\z7 2 STORY FRAME HOUSE I _ x15.a \ \\i I M WOOD ❑ I 18.6\1 \, _ i X9.4 LEACHING EP71C7.5. El18' ----------------- -- _-- i POOL O TANK I $ , ♦t o 2- I X17.1 ~ '♦ t \` N m i ® `\ t, \ P l \ u- 13_0' i 4.6' 14.2' I•,c',WOOD PORCHI ru •I - 14.5' P 0 i i It i I m I I \ m f I \ t j WOOD 0 A HED�E i STEPS i m W�i CHAIN UNK 10 r'� X 17.0 it I �, \♦, I X15,6 S Z m i I \� x 14.9 ; /•1 I F+��,T1i j It m iG ,CNK I '\ GRAVEL DRIVEWAY j '}-ENCE I ` i i LI WOOD FENCE �g HEDGE ± 'i r i I I ME ------------------ X16.3- ! 1% I j � tib __----- ---------------- ---------------- i PARK VIEW ,SNE i 1 I x14.9 S 83'12'55' W f'S().Do i 1 + J � r I S,� ♦`♦ i CHAIN LINK FENCE = l"'J '`, x 15.3 i I, ♦ W It 1 1 It It I tt X 11.1 j I ;� \, ♦,` It x13.5 `, r jj I t't X 15.4 j I x13.6 It I �J A I J I X9.60 14 _ X&2 Ii G +T i X13.7 Or �♦ f -X7.6` _\\` X13.0 FOUND ♦�..� `^ \ i � I r PIP oFENCE I If 0.2E. / 83 12 \ , \ \ it r t, 4 \ 1X9.6 855.9 II vl' I ) r + __tf - 7.6 ♦ ! 11 24 ROP E._-•-_�O ! !I ! ( f '' i , r ,2, O 1A ♦``i I ( 20.0' E + �9� iTON TERRY LA THAM ti(5.9 (� POpU o CARL -b E ° pUSE 7.0 I r i 14.0' PERGpIA � 0 1'1 II FSE 14.0 I Pilot- '0. I 1 'o MOUSE2p,0' I I x7.4 x vnR \\, m P ! P t, E PID \ �. I N FOR POOI­ EOU1P. I 1\\` x 6.3 I I \✓/ N � M J X6.7 jX&9 �X,;s i ; x6.9 PtPF'�,•�`' ` i'_♦`. I r �y �Re N 5 63g9 � x6.4 I z x I 7.4 ��....rrLL r •� O ! H N 6,�j7•� X R �-.._5''� `,`c, Lt `♦ X5.6 x r j ( I 151 y1 0 9.2 X7.3 �! 6 POOL HOUSE DETAIL i II `g SCALE 1"= 20' j p6. E UNAUTHORIZED ALTERATION OR ADDITION TO THIS IFes] N g�58 ON OF SECTION 720R OFSTHE NEW VIOLATYORK STATE 1� rHPpRp� i EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING L------- ----------- ----------------------------------------------J THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. CERTIFICATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI- TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. THE EXISTENCE OF RIGHT OF WAYS AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TALE SURVEYS AS ESTABLISHED Nathan Taft Corwin BY THE L.I.A.LS. AND APPROVED AND ADOPTED FOR SUCH USE BY THE,,NEW YORK STATE LAND III TITLE ASSOCIATION���ckc k Land Surveyor ; \ C Successor To: Stanley J. Isaksen, Jr. L.S. Joseph A. Ingegno L.S. Lr Title Surveys - Subdivisions - Site Plans - Construction Layout PHONE (631)727-2090 Fax (631)727-1727 OFFICES LOCATED AT MAILING ADDRESS �L`'iYt1� N.Y.S. Lic. No. 50467 1586 Main Road P.O. Box 16� Jamesport, New York 11947 Jamesport, New York 11947 OF SO(/ BOARD MEMBERS �� �y0 Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road •P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes �O Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento �cou►�r`a,� SoutholdFR NY 11971 http://southoldtownny.gov FEB 2 7 2020 ZONING BOARD OF APPEALSTOWN OF SOUTHOLDTel.(631)765-1809•Fax(631)765-9064 ' FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF FEBRUARY 20, 2020 ZBA FILE: 7371 NAME OF APPLICANT: QJSG Properties,LLC PROPERTY LOCATION: 38015 Main Road, Orient SCTM No. 1000-15-2-15.7 SEQRA 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 November 15, 2019 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 FACTSIDESCRIPTION: The subject property, measuring 19.645 acres has access to NYS Route 25 with 337.42 feet in length flagpole having a width of approximately 50 feet, and runs along the easterly portion of the property. A member of the LLC also owns the neighboring parcel to the north known as 1000-15-2-15.8, and also requires relief from the ZBA for a deer fence in the front yard. Collectively, the two parcels located in the R- 80 Zoning District measure 26.5 acres of land lying between the Main Road and Long Island Sound. The property, measures 99.92 feet fronting the Main Road (S.R. 25) along the southerly property line, measures approximately 2,050.00 feet along the easterly property line, measures 543.29 along the northerly property line and 1,763.16 feet along the westerly property line, then 208.56 feet along the southerly property line where it then meets the aforementioned flagpole. The property is improved with a one and one half-story frame house with porch and a tennis court, all shown on survey prepared by Nathan Taft Corwin III,L.S. last revised September 16, 2019. BASIS OF APPLICATION: Request for a Variance from Article XXII, Section 280-105C(3) and the Building Inspector's October 18, 2019 Notice of Disapproval based,on an application for a permit to constrict a deer fence at, 1) more than the code permitted maximum four (4) feet in height when located in the front yard, located at 38015 NYS Route 25, Orient,NY. SCTM41000-15-2-15.7. RELIEF REQUESTED: The applicant requests a variance to construct a deer fence 8 feet in height in the front yard of the property, where only a 4-foot-high fence is allowed in a front yard. Page 2,February 20,2020 #7371, QJSG SCTM No. 1000-15-2-15.7 ADDITIONAL INFORMATION: The applicants for this variance and for variance ZBA #7369 (Becker) are related owners of adjacent parcels which are collectively 26.5 acres of land laying between the Main Road and Long Island Sound, both accessed by a long private flag from Main Road. The applicant's agent testified as to the need for the deer fencing and the unique ownership of the adjoining properties. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on February 6, 2020 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 &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 southern face of the proposed deer fence will not be seen from the main road because it is approximately 1,450 feet set back from that road frontage. To the west the fence runs behind the rear yards of several homes in a wooded area. A significant portion of the fencing on the east side of the property runs along the driveway of the property and will have no impact on the wooded property to the east. 2. Town Law §267-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. The proposed fence, which is non-conforming in height in a front yard on a residential lot, is the only possible way to attempt to control deer intrusion unto the property. 3. Town Law X267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 100% relief from the code. However,the location of the proposed accessory fencing in the front yard is a far greater front yard setback from the road than the setback required for a principal dwelling and, at a distance of 1,450 feet from the road, will not be seen from either the road or adjacent properties. 4. Town Law §267-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 §267-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 &267-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 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 Lehnert, seconded by Member Planamento, and duly carried, to GRANT the variance as applied for, and shown on the survey by Nathan Taft Corwin, Land Surveyor, and last revised September 19, 2019. Page 3, February 20,2020 #7371, QJSG SCTM No. 1000-15-2-15.7 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 variance(s) 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 this is an approval subject to conditions, the approval shall not be deemed effective until such time that the foregoing conditions are 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 (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,Planamento and Lehnert(4-0) (Member Acampora Absent) bugf ie Kanes Weisman, Chairperson Approved for filing /,�O /2020 y 15 SJ 5 44 E oil 4 . . . .. . . . . . . Q1.utt• sY' �D N C39. F\\GN WAS O� ,12 _- 1\AHp B�NO L N T10A1 '' 'p1PE A51 ... 'SUBJECT' c�5� N-ONGPQ :i���.. .5="1pP� Qy� '� ♦i m . .'PREMISES. . . . 1^ HE. x4.6 i . .. . . . . . . .. N� �a ''Na0' 510N FV•ER°51083 SFS / '� -" CONS Sc"LFDFRO `E OTo No. 45-0--- 3t x27.2 24 QpSL� / �� ------ NAZARO 'AA?Of49i ! �, 11 7 . . .. . . .. . . . - 1 , . . .. . . .. . . A i N i I 4_� 'X4.3.-'��' '''r / i` r J t rr t .__------2Q CA "yy X27.7 N 87 54'34" i ! �S J / / n ; ' 100.00' i >lFourlD tort. . . . . . . . r4 O r ' i i t , MON 0.3'S. . . . . . . .. . Oy r' , i' rr r `i� °... 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SEPTEMBER 16, 2019 ADD PROPOSED DEER FENCE - F RO%FUOVEER I6 r'2- TANK 169 s' _'___ o :m g' WOOD♦,PORCH -------------------/f , rO i TOTAL LOT AREA = 1,162,605.00 sq. ft. 2d y \4aQs 38.0' A/CE UNIT ♦♦ ; ; I Z0/ . 26.690 ac. P - 00"; J ♦ r I rlT r, SLATE t "NCE ,n 1 WALK + r CERTIFIED TO: JONATHAN CHAD GALLANT 3.8 E.% UNDERGROUND`t i I BARBARA LYNN BECKER - OLD REPUBLIC TITLE COMPANY X9asN UN fpLNO CONC' t `yi DAN^` TANK CAP 4 I MON.0.4 Q., DRAIN X:06 NOTES: -------- 11- ------1. THIS PROPERTY IS SHOWN AS LOTS 1 & 2 ON $ ! - SET-OFF MAP PREPARED FOR AMELIA MENDOZA MAP FILED AT THE SUFFOLK COUNTY CLERK'S OFFICE " 0 U X79.4 ON FEBRUARY 16, 2005 AS MAP No. A-591. 19 2 2. ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM x EXISTING ELEVATIONS ARE SHOWN THUS: X26.4 i OSt 4 % I rr EXISTING CONTOUR LINES ARE SHOWN THUS:-----------?0-------__ �Q i Q FOUND CONC. �� 'Q .P I I X,5.2 MON. 0.8'E. r '<^21. 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X6.4 ,.4 C" •�� l� of m Jj L`J3�' 0 'I w .k�_6�, ``♦ t O i TL 6 X ♦.` c. t X x5.6 15151 0 6.2 i POOL HOUSE DETAIL I X7.3 I c,> ! j t ,P. vv SCALE 1"= 20' j L=1 oe E TO UNAUTHORIZED ISEAATION OR VOLATON ODFTION I I N rot; SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. i IfA�PpOL j COPIES OF THIS SURVEY MAP NOT BEARING B1d9 Dept copy from ZBA THE LAND SURVEYOR'S INKED SEAL OR L---------------------------------------------------------------------------------------J Final reviewed tI EMBOSSED SEAL SHALL NOT BE CONSIDERED ZBA File#i `7f ants TO BE A VALID TRUE COPY. Date: CERTIFICATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI- TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. THE EXISTENCE OF RIGHT OF WAYS AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TITLE SURVEYS AS ESTABLISHED Nathan Taft Corwin BY THE LI.A.L.S. AND APPROVED AND ADOPTED FOR SUCH USE BY THE NEW YORK EalANII A TITLE ASSOCIATION. Land Surveyor e TP'F . O s� Successor To: Stanley J. Isaksen, Jr. L.S. Joseph A. Ingegno L.S. Title Surveys - Subdivisions - Site Plans - Construction Layout PHONE (631)727-2090 Fax (631)727-1727 OFFICES LOCATED AT MAILING ADDRESS v .Lit No. 50467 1586 Main Road P.O. Box 16 r Jamesport, New York 11947 Jamesport, New York 11947 38-283B1