HomeMy WebLinkAbout45080-Z fF(� TOWN OF SOUTHOLD
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BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
"oma • � ,;; SOUTHOLD, NY
Kr�,f 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#: 45080 Date: 8/6/2020
Permission is hereby granted to:
Baumrind, S
182 Amity St#1 B
Brooklyn, NY 11201
To: construct deer fence as applied for per ZBA approval.
At premises located at:
1965 Mulberry St, Cutchogue
SCTM # 473889
Sec/Block/Lot# 83.-2-12.1
Pursuant to application dated 7/30/2020 and approved by the Building Inspector.
To expire on 2/6/2022.
Fees:
DEER FENCE $75.00
Total: $75.00
Bi mg"'inspector
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 I/
TEL: (631) 765-1802 Planning Board approval
FAX: (631) 765-9502 U Survey
Southoldtownny.gov PERMIT NO. Check
Septic Form
N.Y.S.D.E.C.
Trustees
C.O.Application
�( Flood Permit
Examined V ,20 Single&Separate
Truss Identification Form
Storm-Water Assessment Form
Contact:
Approved 1,20 a Mail to: M/&ktih11.11 Q 01Llak vd
Disapproved a/c ��n,�`/ sY. /3 fao/CJyt,,�lV✓ll�/
Phone: It 7
Expiration '20 /
" 'Jr _Bnspector
C70�VL9 I
DEC 2 6 2019APPLICATI®1 OR BUILDING PERMIT
r ®%; 2020 ' Date _, 20 !�
INSTRUCTIONS
PUR,DING DEP".
a. This application I r e complq�ely f lte4 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 perinit
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.
(Signature of applicant or name,if a corporation)
l�a A/TZ ��/ aroo el ytlj `V� //)_o I-
(Mailing address of applicant)
State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder
Name of owner of premises S AZCX/ A )R A AUM/zI /t/1)
(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 land on which proposed work will be done:
1765 01 vZ-5 cwt?)( 1-T < 6/p _--
House Number Street Hamlet
County Tax Map No. 1000 Section �� Block Lot ��'
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
b. Intended use and occupancy
3. Nature of work(check which applicable): New Building Addition Alteration
Repair Removal Demolitionher or X 1 Dee, -Fence _
(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
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 X NO
13. Will lot be re-graded?Y_ES NO Wilt excess fill be removed from premises?YES__NO
14. Names of Owner of premises Address Phone No. _
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 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
* IF YES, PROVIDE A COPY.
STATE OF NEW YORK)
SS:
COUNTY OF Kk3
,� AleKavdr"' avr+lYl h 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 knowledge and belief, and that the work will be
performed in the manner set forth in the application filed therewith.
Sworn q or me this I
(o da of (/eC� De/' 4Q I DF+VIDPERE '
P LIC,State of New York
No.01PE6262239
Qualified In Nassau County
Conendsolon-Expires May 21,
Notary•Public Signature of Applicant
FORM NO. 3
NOTICE OF DISAPPROVAL
DATE: January 2, 2020
TO: S Alexandra Baumrind
182 Amity Street#1B
Brooklyn,NY 11201
Please take notice that your application dated December 26, 2019
For permit to construct an 8-foot deer fence at
Location of property: 1965 Mulberry Street, Cutchogue,NY
County Tax Map No. 1000 - Section 83 Block 2 Lot 12.1
Is returned herewith and disapproved on the following grounds:
The proposed fence is not permitted pursuant to Article XXII Section 280-105,which states,
"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 maepermitted 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 M proFert
M
deer fence is located in the front ard.
ature
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�
BOARD MEMBERS Southold��own Hall
Leslie Kanes Weisman,Chairperson O��QF SUUlyOI 53095 Main Road•P.O.Box 1179
Southold,NY 11971-0959
Patricia Acamporat Office Locafion:
Eric Dantes G Q Town Annex/First Floor,
Robert Lehnert,Jr. � 54375 Main Road(at Youngs Avenue)
Nicholas Planamento COUSouthold,NY 11971
---- --- - ----------- --- -
http://southoldtownny.gov RECEIVEiD
® �` � 30 Awl,
D ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD J U L2 g 2020
J U L 2 9 2020 Tel,(631)765-1809 Fax(631)765-9064
S®u h®Id Town Clerk
BUMMING DEPT.
GS,DELIBERATIONS AND DETERMINATION
MEETING OF JULY 169 2020
ZBA FILE:#7393
NAME OF APPLICANT: Alexandra Baumrind
PROPERTY LOCATION: 1965 Mulberi`y Street,Cutchogue,NY SCTM No. 1000-83-2-12.1
SP-ORA DETERMINATION:The'Zoning Board=of Appeals has visited.the property-under Consideration in this
application 4nnd•determines that this review falls under the Type-11 category of the State's List of Actions, without
f4rther steps under SFQRA.
SUFFOLK COUNTY ADMINISTRATIVE --This app-ficaon was re a--f rred-as requiredunder-th --
County Administrative Code Sections A 14-14 thru A 14-25, and the Suffolk County Department of Planning,
issued its reply dated February 6, 2020 stating that this application is considered a matter for local determination as
there appears to be no significant countywide 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 parcel is 80,143 square foot with a two-story masonry
residence with attached two car garage and a 15 foot by 30 foot in the ground pool located in the rear yard. The
.northerly property line_measures 256.13-feet, the easterly property line measures_317.16 feet and is adjacent to a
vacant parcel owned by the applicant; the southerly property line measures 256.00 feet along the front property
line on o Mulberry Street(a private road), and the westerly property line measures 380,95 feet and is adjacent to a
20 feet Right of Way (Dignan's Road). The property to the south is agricultural property with plantings (Suffolk
County Development Rights sold) surrounded by 8-foot-high deer fencing. The property to the west is also
agricultural-property (Suffolk County Development Rights sold). Mulberry Street is off of Oregon Road as shown
on the survey prepared by Nathan Taft Corwin III, LS last revised January 20, 2020. Other than the applicant's
residence and adjoining property and a few vacant residential parcels the surrounding properties are in an
agricultural district.
BASIS Op APPLICATION: Request for Variance from Article XXII, Sections 280 -105 and the Building
Inspector's January 2, 2020,Notice of Disapproval based on an application to construct an 8 foot high deer fence;
-
Page 2,July 16,2020
#7393,Baumrind(Improved Lot)
SCTM No. 1000-83-2-12.1
RELIEF REQUESTED: The applicant requests a variance to construct an 8-foot high deer fence in the front yard
facing Mulberry Street and in the front yard portion along the western property line. The Town Code only allows
four feet high fences in the front yard.
AMENDED APPLICATION: During the hearing, the applicant was asked to amend both applications #7393
7394 to move-'the $ foot high deer fence that is-already installed on the adjoining vacant lot (7394, SCTM-No.
1000-$3-2-12.2)to the northerly lot line of the subject lot, and to move the 8 foot high deer fence and gate farther
away from the front yard property line facing Mulberry Street. The applicant submitted an amended survey last
revised July 12,2020 prepared by Nathan Taft Corwin,III,L.S., depicting the deer fence placed along the northern
property line,and the deer fencing along Mulberry Street set back 23 feet from the front property line.
ADDITIONAL INFORMATION: No letters of objection have been received from the noticed neighbors. The
subject residential property is located in an agricultural district with much of the properties in agricultural
production fenced off with 8-foot high deer fencing to protect crops. Mulberry Street is a narrow private Right Of
Way that runs north from Oregon Load, and the applicant's residence is presently the lot developed with a
dwelling. The adjacent property to the east is also owned by the applicant, and is vacant. The applicant is also
applying for a variance to extend the deer fence on to their adjoining vacant lot, measuring'19 feet along the
northeast/rear property line, 39 feet along the southeast street frontage (Mulberry Street) and for 317.16 feet along
the easterly side property line. Personal inspection by Members of the Board of Appeals prior to the public hearing
revealed that the deer fencing is"as built"and-is not proposed, as stated in the Notice of Disapproval.
FINDINGS OF FACT/REASONS FOR BOARD ACTION:
The Zoning Board of Appeals held a pu is hearing on-thus appllca-ti-o ori July,- 020-atwhiWtime-written-an ------- -
oral evidence were presented. Based upon all testimony, documentation,personal inspection of tW.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 anundesirable change in the character of
the neighborhood or a detriment to nearby properties. The applicant's.residential property is Iocated in an
agricultural district with many of the nearby agricultural properties fenced off with 8-foot-high perimeter deer
fencing to protect crops, as permitted by code, Mulberry Street is a private Right of Way that runs north from
Oregon Road, and the applicant's residence on the parcel is the only home built on that street. The adjacent
property to the east is also owned-by the applicant,and is vacant.
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 to protect the entire property from deer damage,
the applicant must enclose the front yard of the subject property with an 8-foot-high fence, along with the code
permitted side and rear yards, where the code only permits a maximum of four feet in height in the front yard.
Therefore,variance relief is required.
r
3. Town Law $267-b(3)(b)(3). The variance granted herein mathematically substantial, representing 100% relief
from the code. However, deer fences are prevalent in the neighborhood because many properties are in agricultural
production and have erected code permitted perimeter deer fencing to protect their crops from the deer population.
Therefore,deer fencing in the front yard is in keeping with the character of the neighborhood.
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 ofthe Town's Storm Water Management Code.
Page 3,July 16,2020
#7393,Baumrind(Improved Lot)
SUM No. 1000-83-2-12.1
5. Town-Law&267-b(3)(b)(a. 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
-7imitafians on tLie Ilse o the parcel-under the-Z-onir-gCode in-effe-ct-prior-to-orztft-time-ofpurehase:-------"----J-"-------
6. ')town Law-4167-b. Grant"of the requested relief is the minimum"action-necessary w•enable-the applicant to
enjoy the benefit of an 8-foot-high 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-B, motion'was offered by Member Acampora, seconded by Member Planamento, and
duly carried,to
GRANT the variance as AMENDED and shown on the survey prepared by Nathan Taft Corwin, M,-LS, last
r . revised July 12,2020
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.honing 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 &niblitions, are not authorized under' this application when
involving nonconfgrmities under the zoning code. This action does not authorize or condone eZ-cwrent or filture-
use, setbaclr-orr other feature of the subject property that may violate the honing Onde, other tZian such uses,;
- ---s mocks an o er ea ores z y-aF"X1_V Xy�r in-this-acorn.In-the-evert that-this-is-an-approVaVSubj0&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. y
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 no4 to exceed three (3) consecutive one
(1)year terms.
Vote of the Board: Ayes:Members Weisman-(Chairperson)Acampora,Dantes,Lehnert, and Planamento(5-0).
Leslie Kane Weisman, Chairperson
Approved for filing 7/ /2020
APPR VED AS NOTE
","ht TEST HOLE DATE: SITE PLAN FOR
AS SHOWN ON FYID MAP B.P.#
� ODERN GREEN HOME
FEE: F�b FY: PAGE 1 OF 2
LOT 1
MAP�d NOTIFY BUILDING -EPARTMEN MORRELL,FL.L.C.
f 1 eA6-e 765-1802 '8 AM TO 4 POJ FOR TH OREGON, L.L.C.
x $ � r! FOLLOWING INSPECT'OP!S: FILE n°. "+83siruAr�BER 14 zooB
t 5 4639.50" E - - 4 9 31715' 1. FOUNDATION - TIA:n REQUIRED CUTCHOGUE
FOR POURED CC �P=-r TOWN OF SOUTHOLD
• SUFFOLK COUNTY, NEW YORK
_ _— — — 2. ROUGH - FRANIIt _ & (.UMBIPJG S.C. TAX No. 1000-83-02-12.1
N 3. INSULATION SCALE 1"=50'
AUGUST 21. 2017
4. FINAL - CONSTRU ;lC MUST NOVEMBER 7,2017 REVISE NOTFS
E C- !>:
NOVEMBER 27.2017 REY6E PER S.GONS.NOTICE 11/27/2017
2 TROP.C?t+w1:°wvTgNr W ,Lwuapr 10.z°ta�15E No SRE
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1.840 CO.
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COV
(DSP67AO LOF SVFFOLSP3T8'NT RICflTSJ (DIGNAN'S ROAD)
""SIT TEST HOLE #2 AS SHOWN ON FILED MAP
DFAM a SY=Af .ATH.' 77ONS: (TEST HOLE DUG EY McDONALO GEOSGENCS ON SEPTEMBER 24,2003) NYS.U.Na 5O4a7
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DRIVEWAY600cu.ft. 42.2 .R.O. COMPLY WITH ALL m"°° '"'�A"�'"'°"°° Nathan Taft Corwin III
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S�1��1 �S
SURVEY OF
LOT 1
MAP OF
LOT 2 I MORRELL, L.L. C .
OREGON, L.L.C.
(/ FILE No. 11463 FILED NOVEMBER 14, 2006
3 I ' SITUATE
S 46039'50" E CUTCHOGUE
317. 16'
a , TOWN OF SOUTHOLD
c OX
10' I'ROPOSPD 8' HIGH D)=1=R PI=NG M�--- z _ I . EEM
SUFFOLK COUNTY, NEW YORK
RCLL
wHOLE
COVER o S.C. TAX No. 1000-83-02- 12.1
N ) w SCALE 1 "=30'
i
R
' i ' "`SIR gI N AUGUST 21 , 2017
3 Q: i 9� NOVEMBER 7, 2017 REVISE NOTES
o1 ' GRAVEL DRAY .• "�' NOVEMBER 27, 2017 REVISE PER S.C.D.H.S. NOTICE 11/27/2017
JANUARY 10, 2018 REVISE HOUSE SIZE
3 ' is 23. / OCTOBER 30, 2018 FOUNDATION LOCATION
LOT : ;i+: .' ' ? : JANUARY 20, 2020 PROPOSED DEER FENCE
FEBRUARY 14, 2020 ADD SEPTIC SYSTEM
JULY 1, 2020 CORRECT SEPTIC SYSTEM MEASUREMENTS
i GATE 25.4' :. �. r, o JULY 12, 2020 REVISE PROPOSED DEER FENCE
IL o Li M o �, W AREA = 80,143 sq. ft.
1.840 ac.
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UTILITY POLE —' - ''- - - - - - - - - - Bldg Dept copy from ZBA
N 46039'50" W Final reviewedI��igp ents
GRAVEL ROADWAY 308 9 5 O ZBA File# �;5 )
1,840.75' Date:-7/ he
40' WIDE RIGHT OF WAY
PREPARED IN ACCORDANCE WITH THE MINIMUM
Ar0/F 20' WIDE RIGHT OF WAY STANDARDS FOR TITLE SURVEYS AS ESTABLISHED
COUNTY OF SUFFOLK (DIGNAN'S ROAD) BY THE L.I.A.LS. AND APPROVED AND ADOPTED
(DEVELOPMENT RIGHTS) FOR SUCH USE BY THE NEW YORK STATE LAND
TITLE ASSOCIATION.
i:rCt:i1%f.=C; ca �� CG raj
73�
�r� 4`
JUL 16 2020 ' _
Iii.^
N.Y.S. Lic. No. 50467
UNAUTHORIZED ALTERATION OR ADDITION
TO THIS SURVEY IS A VIOLATION OF
SECTION 7209 OF THE NEW YORK STATE
LA
EDUCATION LAW. Nathan Taft Corwin Ill
COPIES OF THIS SURVEY MAP NOT BEARING
THE LAND SURVEYOR'S INKED SEAL OR Land Surveyor
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 Successor To: Stanley J. Isaksen, Jr. L.S.
TITLE COMPANY, GOVERNMENTAL AGENCY AND Joseph A. Ingegno L.S.
LENDING INSTITUTION LISTED HEREON, AND
TO THE ASSIGNEES OF THE LENDING INSTI-
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