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HomeMy WebLinkAbout43930-Z gguFF'os TOWN OF SOUTHOLD k BUILDING DEPARTMENT 22. TOWN CLERK'S OFFICE Ca t"� • 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#: 43930 Date: 7/5/2019 Permission is hereby granted to: Greene , Charlotte 500 Stephensons Rd PO BOX 566 Orient, NY 11957 To: relocate an existing tennis court as applied for per ZBA approval. At premises located at: 500 Stephensons Rd., Orient SCTM # 473889 Sec/Block/Lot# 17.-1-6 Pursuant to appy ate 6/26/2019 and approved by the Building Inspector. To expire on 7/4/2020. Fees: ACCESSORY $100.00 CO -ACCESSORY BUILDING $50.00 Total: $150.00 (D. Building.Inspector Form No.6 TOWN OF SouTHOI,D BUILDING DEPARTMENT TOWN HALL 765-1802 APPLICATION FOR CERTIFICATE OF OCCUPANCY This application must be filled in by typewriter or ink and submitted to the Building Department with the following: A. For new building or new use: 1. Final survey of property with accurate location of all buildings,property lines,streets,and unusual natural or topographic features. 2. Final Approval from Health Dept. of water supply and sewerage-disposal(S-9 form). 3. Approval of electrical installation from Board of Fire Underwriters. 4. Sworn statement from plumber certifying that the solder used in system contains less than 2/10 of 1%lead. 5. Commercial building, industrial building, multiple residences and similar buildings and installations, a certificate of Code Compliance from architect or engineer responsible for the building. 6. Submit Planning Board Approval of completed site plan requirements. B. For existing buildings(prior to April 9, 1957) non-conforming uses, or buildings and"pre-existing" land uses: 1. Accurate survey of property showing all property lines,streets,building and unusual natural or topographic features. 2. . A properly completed application and consent to inspect signed by the applicant. If a Certificate of Occupancy is denied,the Building Inspector shall state the reasons therefor in writing to the applicant. C. Fees 1. Certificate of Occupancy-New dwelling$50.00,Additions to dwelling$50.00,Alterations to dwelling$50.00, Swimming pool$50.00,Accessory building$50.00,Additions to accessory building$50.00,Businesses$50.00. 2. Certificate of Occupancy on Pre-existing Building- $100.00 3. Copy of Certificate of Occupancy-$.25 4. Updated Certificate of Occupancy- $50.00 5. Temporary Certificate of Occupancy-Residential$15.00, Commercial$15.00 Date. �x, New Construction: Old or Pre-existing Building: (check one) y L gs-2- Location of Property: vU ` k -_ House No. Street Hamlet a P Haamlet Owner or Owners of Property: C�7' [,0 / �j�/� � ��� d� /V I/� 0&/ Suffolk County Tax Map No 1000, Section ', Block Lot Subdivision Filed Map. Lot: Permit No. Date of Permit. Applicant: Health Dept.Approval: Underwriters Approval: Planning Board Approval: Request for: Temporary Certificate Final Certificate: (check one) Fee Submitted: $ Appl ant Signa FIELD INSPECTION REPORT :DATE COMMENTS 'r FOUNDATION (1ST) 'FOUNDATION (2ND) r • O Q r„ ROUGH FRAMING& PLUMBING y INSULATION PER N.Y. y STATE ENERGY CODE FINAL ADDITION4L COMMENTS '�a 411 fol _� � v • . Wim; n s • . Z rn 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 �� 0Survey Southoldtownny.gov PERMIT NO. Check Septic Form N.Y.S.D.E.C. Trustees C.O.Application _ v Flood Permit Examined _,20 ; Single&Separate JUN 2 6 2019 Truss Identification Form CStorm-Water Asses^sW n� orm / C A/ ' ����,��li�..��':l`a Contact: '` Approved ,20 ` 0117�T OF S TR 1'1?D Mail to: f 0 :Bo-x S Disapproved a/c V V\ �-i ( l ct S7 Phone: L31 `1I aS Z? Expiration ,20 Bui mg Inspector APPROVED AS NOTED APPLICATION FOR BUILDING PERMIT DATE:®7 LZ)_ B.P.# Date Z(3 '"V\ 520 11 FEE- BY: 1 . INSTRUCTIONS NOTIFY BUILDING DEPARTMENT AT 765-18M,2TIk! pplr(�ati'p)-iIlYIi e'R Td-O)mpletely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sedfLlntlf;;C�c1 .if1E }�1!bf >an to scale. Fee according to schedule. 1. FOIhNBI`olagl:'an-st,,Togrtg5o^,P,4ViUD of lot and of buildings on premises,relationship to adjoining premises or public streets or areasFWtl faFDy,ONCRETE 2. ROUG he 1FVP,l-1 O'0@21'W YJ;tJ�f"Mplication may not be commenced before issuance of Building Permit. 3. INSdJLU>;i \1approval of this application,the Building Inspector will issue a Building Permit to the applicant. Such a permit sh41l)b;¢lAW 0clboT piwVQ\4tW01c for inspection throughout the work. BE CNOhit4 1n'gahal_1.N,occupied or used in whole or in part for any purpose what so ever until the Building Inspector iss, 1e V,,003irtLattT(�fl(PcghPAriLc}t4EET THE REOU#REMCgrlb:�'WiffNg-el®ttEsb4Jr-4�'ofe if the work authorized has not commenced within 12 months after the date of issy P gtTJ nqt)_geiRgp,-pJW5L)Rit) I8 months from such date. If no zoning amendments or other regulations affecting the prMIGtta3pbM7 0p-ppt0TiMt'te�gMftsthe 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 applican o name,if a corporation) 8Qx Cy- Ce, d /jy 1 IRS; (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises &!r/t3- -k T�GZn w_ Lzm g& (AsAn the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer OCCUPANCY OR (Name and title of corporate officer) UNLAWFUL P9�q�� Builders License No. Plumbers License No. Tri IRTIRCATE Electricians License No. Other Trade's License No. ®F OC C U PAN CY 1. Lo cat on of land on hick r posed work will b done: �� Son OVI �-1--K+- /�-) `J l ( 9.S 7 House Number treet Hamlet County Tax Map No. 1000 Section l Block Lot �/ Subdivision Filed Map No. 17 , Lot 2. State existing use and occupancy of preises and intended use nd occupancy of proposed construction: a. Existing use and occupancy =v`�S' b. Intended use and occupancy �J�� S � o�'— 3. Nature of work(check which applicable):New Building Addition Alteration Repair Removal ---Demolition Other Work (Description) 4. Estimated Cost Fee I11- ti JTo 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 Fortner Owner' 11. Zone or use district in which premises are situated – l� 12.Does proposed construction violate any zoning law, ordinance or regulation? YES N04 13. Will lot be re-graded? YES . NO_) Will excess fill be removed from premises?YES NO Lc, . Y 14. Names of Owner of premises t'e Address QbAP-_ Phone No.63 -3 93 oZ Name of Architect Address k�' 6� v--C— Phone No Name of Contractor ` S ``S Address Phone No. �S l s'�c� Po Bon ��G 1d '�k - r7 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 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 ) (IM4o(� (r Cy –q' being duly sworn, deposes and says that(s)he is the applicant (Name of individual signing contract) above named, (S)He is the 71 (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 fdrth'in the'application filed therewith. Sworn to before me this l(� ' �—day of 20 1 -I i� Notary Public I_ACEY L. DWYER ✓ Signature of scant NOTAW PUBLIC,STATE OF NEW YORK NO.01 DW6306900 QUALIFIED IN SUFFOLK COUNTY r_nUM1.q.qinry EXPIRES JUNE 30.2_6 a„1_ TORN 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 Q S' Southoldtownny.gov PERMIT NO. Check Septic Foran N.Y.S.D.E.C. Trustees D [EQE9VJE Flood Permit C.O.Application' Examined ,20 Single&Separate D Truss Identification Form J U N 2 -7 201 O q8 Storm-Water Assessment Form — Approved / I Contact: Approved 20 Iviatl-fe- Disapproved a/c B G DE OF SOUM Phone: Expiration IV 20 vv `` Q 7 1 Q71 / j Building spec r J©1(/ /l/"L91Lo 9 , APPLICATION FOR BUILDING PERMIT Date R-7 ' _ 20 INSTRUCTIONS a.This application MUST be co 1 etely 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 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 r are,if a corporation) 5 6 C O vl°(2�,L,&)k� l (q 17 (Mailing address of applicant) State whether applicant is owner,lessee,agent,architect,engineer,general contractor,electrician,plumber or builder 0 "D V-\6C Name of owner of premises cA"�o rk— (T— a,�Q—tom. (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 pr osed ork will be done: 5 oG & e�p� a, iu () no 't House Number Street , �( Hamlet County Tax Map No.1000 Section Block I 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 A oM b. Intended use and occupancy �P�h_t� i s CCIII-1Ad- 3. Nature of work(check which applicable):New Building Addition Alteration Repair Removal Demolition Other Work �® (Description) 4. Estimated Cost -,3( C)©d + 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_NO 13.Will lot be re-graded?YES X NO Will excess fill be removed from premises?YES ('1 NO 14.Names of Owner of premises Address Phone No. Name of Architect Address Phone No Name of Contractor o v �3 K Address (Zk-Ve 'Phone No. -53 L_fi N`f l i 7-k a 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) S: COUNTY O Q/�� � '�+r ein duly sworn,deposes and says that(s)he is the applicant (Name of individualsigning ,contract)above named, (S)He is the 0`1 / (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 to before me thi 'i 1'1 day of v1p 201 10 No tary Public 117 TRACEY L. D Signature of licant NO_ Y PUBLIC,STATE OF NEW YORK NO.01 DW6306900 QUALIFIED IN SUFFOLK COUNTY CO(V1MlSSION.EXPIRES JUNE 30,2�� FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: July 3, 2018 TO: Charlotte Green 500 Stephenson Road Orient,NY 11957 Please take notice that your application dated June 27, 2018 For permit for the relocation of an accessory tennis court at Location of property: 500 Stephenson Road, Orient,NY County Tax Map No. 1000—Section 17 Block 1 Lot 6 Is returned herewith and disapproved on the following grounds: The proposed construction is not permitted pursuant to Article III Section 280-15 which states "In the Ajzricultural-Conservation District and Low-Density Residential R-80 R-120,R-200 and R-400 Districts accessory buildings and structures or other accessory uses shall be located in the required rear ay rd.,, . The proposed accessory tennis court is located in a front ar I i ized Si natur Cc:File, ZBA i BOARD MEMBERS Southold Town Hall Leslie 53095 Weisman,Chairperson �O��Of S1U�yOIO 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes U, Town Annex/First Floor. Robert Lehnert,Jr. • COQ 54375 Main Road(at Youngs Avenue) Nicholas PlanamentoOI�COU Southold,NY 11971 http://southoldtownny.gov RECEIVED ZONING BOARD OF APPEALS -,Zt ':Pj led (g 3'.21 TVH TOWN OF SOUTHOLD DEC 1 1//2018 Tel.(631)765-1809•Fax(631)765-9064 l.L• int `` ' l�: So hold Town Clerk 2WNDINGS,DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 6,2018 ZBA FILE T7�i3O ` " .,,* NAME O1~' PpLCx iN Charlotte Green and Joanna Lomas PROPEk-'W"LOCATION: 500 Stephenson Road,Orient,NY SCTM No. 1000-17-1-6 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 August 8, 2018 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 is a conforming 40,401 square foot parcel located in an R-40 Zoning District. The parcel is oddly shaped and is accessed by a right of way from NYS Route 25. The parcel measures 175.00 feet along the right of way and then turns west for 60.60 feet before turning north for 50.00 feet and then turning west for 100 feet. The parcel then measures 100 feet on the Northwest side, 258.86 feet on the northeast side, 150 feet on the east side along a private road, known as Birds Eye Road, and 129.55 feet on the south side. The parcel is improved with a two and one half story frame house and garage with wood decks, a frame building, and a tennis court under construction. All is shown on a survey by Nathan Taft Corwin, III, LS dated May 22,2006 and revised July 13,2018. BASIS OF APPLICATION: Request for a Variance from Article III, Section 280-15 and the Building Inspector's July 3, 2018 Notice of disapproval based on an application for building permit to relocate an accessory tennis court; at: 1) located in other than code required rear yard; located at 500 Stephenson Road,Orient,NY. SCTM No. 1000-17-1-6. RELIEF REQUESTED: The applicant requests a variance to re-locate an existing tennis court in 'a front yard to another front yard location which shifts the court to the east and further away from the private Right of Way owned by the applicant. y Page 2,December 6,2018 #7210,Green SCTM No. 1000-17-1-6 AMENDED RELIEF REQUESTED: Pursuant to the Board members' request, a revised survey dated November 2, 2018 was received on November 30, 2018 depicting proposed 10 feet high backstop fences to be located at the northern and southern ends, and to be used in conjunction with the tennis court. ADDITIONAL INFORMATION: The applicants testified and presented photographic evidence that the tennis court has existed in the non-conforming location on the property for over 100 years. The original tennis court and post and wire fence partially infringed on part of the applicant's Right Of Way which is also used to accessed neighboring property to the west, as shown on a survey by Nathan Taft Corwin, III, L.S., dated May 22, 2006 . The applicant is proposing to move the court to keep it out of the Right Of Way. An agent for the owner of a neighboring parcel to the west spoke against the application, while many neighbors spoke and wrote in support of the application. At the hearing the Board asked about the height of fencing for the proposed tennis court, since the code only permits a fence to be 4 feet high in a front yard; and subsequently advised the applicants to return to the Building Department to obtain an amended Notice of Disapproval for the required fencing. In reviewing the November 3, 2018 updated survey, it was determined that no Notice of Disapproval was required by the Building Department, but advice was offered that the proposed fence should be made part of this decision. The applicant previously received variance relief in ZBA decision# 6067 to re-build an accessory structure located 5 feet from the property line where code required a minimum 10 foot setback. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals.held a public hearing on this application on September 6,2018 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: The applicant submitted substantial evidence that the tennis court has been in existence since 1881. An attorney representing a neighboring property owner argued that the tennis court use had been abandoned. In support of this argument the attorney submitted only her testimony that her client was surprised he had seen no evidence of a tennis court prior to or since his purchase and that she had checked the County's website and that she did not see evidence of the court during the eighties. The applicant, however, submitted photographic evidence showing the tennis court in existence through the decades, including before and after the 80's. In addition, the applicant testified that the Court has been used through the years without an abandonment of the use. In addition, the applicant submitted testimony that for some years, the applicant has undertaken to restore the tennis court, including adding clay to the court surface, removing the backstop fences when they fell into disrepair, removing the striping to facilitate resurfacing of the court, and installing a new drainage system that will be covered by artificial grass. In addition, a neighboring property owner testified that the neighbor who was objecting to the variance was rarely at the property as it has been undergoing renovations and that he had observed the tennis court being used since 2006. Based on the foregoing, the Board finds the testimony and documentary evidence provided by the applicant and the neighboring property owner to support a finding that the tennis court use has not been abandoned. 1. Town Law §267-b(3)(b)(1). Grant of the variances for the tennis court and backstop/fence will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The neighborhood consists of single family homes built in an irregular sub-division which pre-dates zoning in which both dwellings and accessory structures are non-conforming under today's zoning code. The subject property is set well back from the Main Road and is accessed along a private R.O.W that ends at the subject property Testimony at the public hearing established that the subject tennis court pre-exists zoning, having been constructed in 1881. The application before the Board seeks to slightly move the tennis court so it does not protrude into the private Right Of Way, which is also owned by the applicant. f Page 3,December 6,2018 #72-10,Green SCTM No. 1000-17-1-6 Several neighbors wrote to say they had been given permission by the applicants over many years to use the tennis court as an amenity to the neighborhood. In addition, the owner of the adjoining property at 360 Stephenson's Rd opined that he believed that granting the variance would improve his property value. An attorney appearing on behalf of one the neighbors stated that granting of the variance would be a detriment to her client because the client's property is directly across the Right of Way from the tennis court. However, the Board finds, that with the condition imposed herein for landscape screening along the shared Right Of Way,that quite the opposite is true, since the variance would move the pre-existing tennis court out of the Right Of Way and farther away from the neighbor's property. 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. The proposed location for the tennis court and backstop/fence is the only feasible location due to the substantial sloping topography of the property. While it was suggested that the applicant might be able to move the tennis court to a conforming location or at least farther away from the Right Of Way than what the applicant proposes, the topography of the property does not permit this unless the property is cleared of trees and substantially regraded and retaining wall(s) are installed. Moreover, there was no clear testimony about the type of engineering that would be required in order to relocate the tennis court. 3. Town Law $267-b(3)(b)(3). The variances granted herein are mathematically substantial, representing 100% relief from the code for the non-conforming front yard location for the tennis court and 100% for the fence height. However, in actuality, the requested variance is only to slightly move the tennis court a few feet from where it has existed for approximately 137 years, and the applicants are not proposing to totally enclose the tennis court but rather to install fencing as backstops only at each end of the court. 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 not been self-created. The property has been in the applicant's family since the 1880s and the family ownership, as well as the tennis court, pre-dates the establishment of zoning in the Town of Southold. 6. Town Law §267-b(6). Grant of the requested relief for the tennis court and backstop/fence is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a tennis court 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 Dantes, seconded by Member Lehnert, and duly carried, to GRANT the variances as AMENDED for, and shown on survey prepared by Nathan Taft Corwin, III, L.S. dated November 2, 2018 indicating the placement of backstops/fencing. SUBJECT TO THE FOLLOWING CONDITION: 1. Landscape screening shall be planted and continuously maintained along the western property line between the tennis court and the Right Of Way and installed and maintained to insure safe sight lines and access to the as built garage belonging to the neighbor to the west That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Fit Page 4,December 6,2018 #7210, Green SCTM No. 1000-17-1-6 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 Dantes (Vice Chair),Acamp6ra,Planamento and Lehnert. This Resolution was duly adopted (4-0). (Chairperson Weisman absent) C�/t2 Erie L. Dantes Vice Chair Approved for filing/6 / f /2018 Scott A. Russell ,��°S� '� ST01R.MWATIER. SUPERVISORI��[A\lam A\G]EI��I[]El�NN ( ! �T T SOiTTHOLD TOWN HALL-P.O.Box 1179 v' 53095 Main Road-SOUTHOLD,NEWYORK 11971 Town of Southold O� CHAPTER 236 .- STORMWATER MANAGEMENT WORK SHEET ( TO BE COMPLETED BY THE APPLICANT ) DOLES THIS PROJECT INVOLVE ANY OF THE FO LLOWINQ Yes No (CHECK ALL THAT APPLY) ❑( ] A. Clearing, grubbing, grading or stripping of land which affects more than 5,000 square feet of ground surface. El IM B. Excavation or filling involving more than 200 cubic yards of material within any parcel or any contiguous area. ❑� C. Site preparation on slopes which exceed 10 feet vertical rise to 100 feet of horizontal distance. ❑[ D. Site preparation within 100 feet of wetlands, beach, bluff or coastal erosion hazard area. ❑ E. Site preparation within the one-hundred-year floodplain as depicted on FIRM Map of any watercourse. ❑ F. Installation of new or resurfaced impervious surfaces of 1,000 square feet or more, unless prior approval of a Stormwater Management Control Plan was received by the Town and the proposal includes in-kind replacement of impervious surfaces. If you answered NO to all of the questions above, STOP! Complete the Applicant section below with your Name, Signature, Contact Information, Date & County Tax Map Number! Chapter 236 does not apply to your project. If you answered YES to one or more of the above, please submit Two copies of a Stormwater Management Control Plan and a completed Check List Form to the Building Department witFyour Building Permit Application. APPLICANT: (Property Owner,Design Professional,Agent,Contractor,Other) S.C.T.M. #: 1000 Date: L District ], NAME: (�0 f/ . ✓t r emn Section Block Lot FOR BUILDING DEPARTMENT USE ONLY**** Contact Information Rdcphme Vumhrrl Reviewed By: Dat Property Address /Location of Construction Work: — —E — — — — — — — — — — — — — — Approved for processing Building Permit. Stormwater Management Control Plan Not Required. ® Stormwater Management Control Plan is Required. (Forward to Engineering Department for Review.) FORM 4 SMCP-TOS MAY 2014 Nunemaker, Amanda From: Richter,Jamie Sent: Thursday,June 27, 2019 7:40 AM To: Nunemaker,Amanda - Subject: RE: Stormwater Yes looked at it in the field and it is OK Jamie James A.Richter, R.A. Stormwater Manager Office of the Engineer Town of Southold, New York Stormwater Management Control Plan Website: http://www.southoldtowmy.gov/index.aspx?nid=l 05 Office: 631-765-1560 CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication. From: Nunemaker, Amanda Sent: Wednesday,June 26, 2019 10:20 AM To: Richter,Jamie Subject: Stormwater Hi Jamie- I believe you inspected a property that has an "as built"tennis court at 500 Stephensons Road, Orient. She said it is a permeable surface which should not need your approval. Do you agree? .Amanda Nunemaker Building Permit Examiner Southold Town Building Department Phone: 631-765-1802 1 SURVEY OF PROPERTY o° Lr SITUATED AT ORIENT °• TOWN OF SOUTHOLD °° SUFFOLK COUNTY, NEW YORK el e° S.C. TAX No. 1000-17-01 -06 mak " SCALE 1"=20' QP �`" �" 3` . MAY 22, 2006 NOVEMBER 28, 2006 SHOW PROPOSED BUILDING RELOCATION AUGUST 7, 2012 LOCATED SEPTIC SYSTEM D JULY 13, 2018 LOCATE TENNIS COURT NOVEMBER 2, 2018 ADD BACKSTOP FENCE & TENNIS NET Ob AREA = 40,401 sq. ft. b� 0 0,927 GG. ff Bch �,Gv . 1!�•, ,1.., ?0 (�OJ�\q� vaE y G:n �L q Q'44 y2�ypG SEPTIC SYSTEM TIE MEASUREMENTS GARAGE BARAGE HOUSE Cryo CORNER CORNER QB CORNER© COVEROOL#1 52.5 49.0' 74,0' �QG HI Lei �0 COVER 82 Sopa CESSPOOL 51.0' J7.5' 54.0' ?°�4 :. ?ay: 10 C 4 0 J Na i•r Jiy p S110 e,p FINAL MAP 4�' :.� {: .:.:. REVIEWED BY ZBA �" 51EP8 � �..• SEE DECISION#L �Tr a� DATED 1 b 1201 qti-0—, ° O 1 t0), 60 & 0,p6p. .. COVER \ p _ .•ECI ry PL..GAS TANK ALPC P. O ' � FRAva•PRAtwAr';. O O\ '°`.',• .•F.•. PCOAPs70PorENc�'CH / 1 ZC WT, . U Jj; O ` / Q •.D .H6';•< Oy F gym" '•'�1 / Y ..O CERTIFIED T0: w ''•'�'�'_;;_° ' '�L CHARLOTTE JORDAN GREENE $ d;UNDE"ce" JRaoN: •` $ a PRDPasEO e W p JOANNA WENDY LOMAS V (GRAM BASEL q hT POSTS W NOTES: '. LL.I LOTS SHOWN THUS: PLOT R REFER TO SURVEY OF THE CEDARS FILED IN THE OFFICE OF �' p THE CLERK OF SUFFOLK COUNTY AS MAP NO. 421 °' Q ON JULY 11, 1906. °' •°• 4; W • ,O.,' . ".d . BA"CKSjpp°FENCEI(:H D4 I .. E i 00 ,• O. rq PREPARED IN ACCORDANCE WITH THE MINIMUM FOND STANDARDS FOR TIRE SURVEYS AS ESTABLISHED CONC.MON. BY THE UAL.S.AND APPROVED AND ADOPTED FOR SUCH USE ITT THE NCW YORK STATE LAND 'IOUND L/1 TITLE ASSOCIATION. P N 85.48'00" W CONC.MOH, ° NIOIF129.55' o:p°+ REGINALD A. MINOR,'SR. Do ' SHEILA K. PLOT MINOR INOR w \' f••;..:r N.Y:S. Lic. No, 50467 UNAUTHORRED ALTERATION OR ADDITION TO THIS SURVEY IS A OF SECTION 72LA OF THE VNEW NEW YORK ORK STALE Nathan Taft Corwin iil EDUCATION UW Land Surveyor COPIES OF THIS SURVEY MAP NOT DUPING 0 THE LANDS SEAL SHALL INKED SEAL u EMBOSSED LID SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. c Successor T0:Stanley J.IsakSen•Jr.L$. CERTIFICATIONS INDICATED HEREON SHALL RUN , Joseph A Ingegno L.S. ONLY TO THE PERSON FOR WHOM THE SURVEY o IS PREPARED.AND ON HIS BEHALF TO THE p y Tille Surveys—Subdivisions — Site Ptans — Construction Layout TITLE COMPANY.GOVERNMENTAL AGENCY AND Z PHONE (631)727-209D Fox (631LENDING INSTITUTION LISTED HEREON,AND / TO )727-1727 THE ASSIGNEES OF THE LENDING N STI— MAIN Ca, LUTON.CERTIFIEXISTENCE ARE NOT TRANSFERABLE. ROAD A OFFICES LOCATED AT MAILING ADDRESS THE E%ISTENCE OF RIGHT OF WAYS 'L\ 1586 Main Road P.O.Bos 16 AND EASEMENTS OF RECORD.IF (N.Y.-S. Rfe. 25) Jamcsport•New York 11947 Jamesport•New York 11947 ANY, NOT SHOWN ARE NOT GUARANTEED. 26-149C �o 00 SURVEY OF PROPERTY QQ s SI T UA TED A T ,,OQ• ORIENT o TOWN OF SOUTHOLD 01, SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000- 17-01 -06 SCALE 1 "=20' MAY 22, 2006 NOVEMBER 28, 2006 SHOW PROPOSED BUILDING RELOCATION \ �o AUGUST 7, 2012 LOCATED SEPTIC SYSTEM JULY 13, 2018 LOCATE TENNIS COURT NOVEMBER 2, 2018 ADD BACKSTOP FENCE & TENNIS NET O tx AREA = 40,401 sq. ft. 0.927 ac. 07 \ � a PIPE \ Z` O �sAoo o'� SEPTIC SYSTEM TIE MEASUREMENTS q P��� GARAGE GARAGE HOUSE CORNER CORNER QB CORNER CESSPOOL COVER #1 52.5' 49.0' 74.0' ��, s •° No r m °o /p CoNc CESSPOOL A ?' �i voC9� 3 02 o�G�e V STFPs' COVER #2 51.0 37.5' 54.0 Off, .?� 1,0 �ti. ca,�•• No � "• 00 0 0�0�� a o�G so• a, o` (i G? G O?,� 00 00. 0.Nc ati 1 1 \ l 1516G? �Q• PP° �o �° Bldg Dept copy from 28A �''q�'�iQ4 �+ ' Flnal reuiewed documents y POR�SPNKS o�� �C�MF so '3� -1FA0° �OJoO �O `G.E1/ C'F� GONG. � •. 0O °� ° \o ry QyV .. WOOD STEPS 0(9 ZO 60 CONC. \ V CCOVER �(40L.P. GAS TANK E -- COVER �.l \ •a - , 0 Do O v GCVOO DRIVL}yAY ° PROPOSI fiACKSrOPD FFNCE IGH / 2 a a 4. -a ��S Q V SCS 44 � °: a 0�,� '• °'• 4 iyo O ' Q d a a O.. < . 0 H�DRd� �> /If) SES Jy I w ca Qp� p 4 4 4 CERTIFIED T0: o _ CHARLOTTE JORDAN GREENE O aUNDER TENNI°S COURT a S JOANNA W E N D Y LO M A S ° SE;rS I W BAENENa PDgrs s �' d ° d e ° lr I L NO TES: 4 a Al . >,. � F 4 LOTS SHOWN THUS: PLOT R REFER TO a �I P n I_ SURVEY OF THE CEDARS FILED IN THE OFFICE OF THE CLERK OF SUFFOLK COUNTY AS MAP No. 4210 4° d ° ON JULY 11 , 1906. .` °a' . • d ° tl�a.6ae C d 4 ROP co ° •3 3 v' ,.a .°.. a' e a d BACK O DP ACEI GH 3 ° CP D �° O •0 N a I N ° PREPARED IN ACCORDANCE WITH THE MINIMUM FOUND MON. d > D STANDARDS FOR TITLE SURVEYS AS ESTABLISHED BY THE L.I.A.L.S. AND APPROVED AND ADOPTED FOR SUCH USE BY THE NEW YORK STATE LAND I TITLE ASSOCIATION. N 85°4820Off FOUND 0 \\ `111 CON 1* MON. D =,Y r' 0 129.55 < �-, c ,, 0) •0 REGINALDN/OAF A. MI SR. e ° r'A 0- SHEILA K. MNOR I O PLOT R °- I" S.`tic. No. 50467 Nathan T of t• Corwin III UNAUTHORIZED ALTERATION ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE Land Surveyor EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR Li EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. o Successor To: Stanley J. Isaksen, Jr. L.S. CERTIFICATIONS INDICATED HEREON SHALL RUN N Joseph A. Ingegno L.S. ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE `t Title Surveys — Subdivisions — Site Plans — Construction Layout TITLE COMPANY, GOVERNMENTAL AGENCY AND o LENDING INSTITUTION LISTED HEREON, AND Z PHONE (631)727-2090 Fax (631)727-1727 TO THE ASSIGNEES OF THE LENDING INSMAIN ROADTUTION. CERTIFICATIONS ARE NOT TRANSFEREEABLE. ,0U OFFICES LOCATED AT MAILING ADDRESS THE EXISTENCE OF RIGHT OF WAYS 1586 Main Road P.O. Box 16 AND/OR EASEMENTS OF RECORD, IF N.Y.S. Rte, Jamesport, New York 11947 Jamesport, New York 11947 ANY, NOT SHOWN ARE NOT GUARANTEED. 25) 26-149C