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HomeMy WebLinkAboutSmyth Barn Southold Town Board - Letter Board Meeting of August 15, 2023 RESOLUTION 2023-722 Item # 6.47 � a ADOPTED DOC ID: 19386 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2023-712 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 15, 2023: RESOLVED that the Town Board of the Town of Southold hereby designates the Smyth Barn located at SCTM 1000-102.-6-23.1, 29330 Route 25/Main Road, Cutchnue,,New York, as historic and directs that it be added to the town's register of Historic Landmarks; all in accordance with Chapter 170 of the Southold Town Code, the recommendation for designation by the Southold Town Historic Preservation Commission, and acceptance of designation by John and Margaret Smyth, the property owners. ,L ;�� Denis Noncarrow Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: , Jill Doherty, Councilwoman SECONDER:Brian O. Mealy, Councilman AYES: Nappa, Doroski, Mealy, Doherty, Evans, Russell Generated August 16, 2023 Page 75 Times Review Media Group Invoice #: Ob962bae The Suffolk Times Date: 07/21/2023 Bill To Customer Email SOUTHOLD TOWN CLERK lynda.rudder@town.southold.ny.us ' Affidavits will be mailed or emailed (as ordered) 7 days AFTER THE LAST INSERTION DATE. Description Publish Date Amount! PUBLIC 08/03/2023 $27.04 Affidavit(eMail) 1 $25.00 Affidavit(Mail) 0 $0.00 Please remit checks payable to: Total: $52.04 Balance: Times Review Media Group $52.04 PO Box 1500 Mattituck, NY 11952 The invoice number MUST be included on your check to ensure that your payment-is applied correctly. LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 170 (Landmark Preservation) of the Town Code, the Town Board of the Town of, Southold hereby sets Tuesday, August 15. 2023 at 7:00 P.M., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing to consider the designation of the "Smyth Barn" circa 1860-70 on the town's register of Historic Landmarks: the barn is located at 29330 Route 25, Main Road, Cutchogue, New York. SCTM # 1000-102-6-23.1 . The property owners, John and Margaret Smyth have requested and the Historic Preservation Commission has recommended the property for inclusion on the town's register. Dated: July 21 , 2023 BY NOTICE OF THE TOWN BOARD DENIS NONCARROW SOUTHOLD TOWN CLERK LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 170 (Landmark Preservation) of the Town Code,.the Town Board of the Town of Southold hereby sets Tuesday, August 15,2023 at 7:00 P.M., Southold Town Hall, 53095 Main Road, Southold,New York as the time and place for a public hearing to consider the designation of the "Smyth Barn" circa 1860-70 on the town's register of Historic Landmarks; the barn is located at 29330 Route 25, Main Road, Cutchogue,New York. SCTM# 1000-102-6-23.1. The property owners, John and Margaret Smyth have requested and the Historic Preservation Commission has recommended the property for inclusion on the town's register. Dated: July 21, 2023 BY NOTICE OF THE TOWN BOARD DENIS NONCARROW SOUTHOLD TOWN CLERK STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) Denis Noncarrow,Town Clerk of the Town of Southold,New York being duly sworn, says that on the 21sT day of July , 2023, a notice of which the annexed printed notice is a true copy was affixed, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County,New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold,New York and the Southold Town website, www.southoldtownny.gov . PH 8/15 7:00 pm—Landmark Dedication—Smyth b Denis Noncarrow Southold Town Clerk Sworn before me this 211t day of Jul 2023. otary Public LYNDA M. RUDDER Notary Public, State of New York No. 01 RU6020932 Qualified in Suffolk County Commission Expires March S,20�j Southold Town Board - Letter Board Meeting of July 18, 2023 RESOLUTION 2023-659 Item # 5.41 o ADOPTED DOC ID: 19357 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2023-659 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 18,2023: RESOLVED that pursuant to the provisions of Chapter 170 (Landmark Preservation) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, August 15,2023 at 7:00 P.M., Southold Town Hall, 53095 Main Road, Southold,New York as the time and place for a public hearinjj to consider the designation of the "Smyth Barn" circa 1860-70 on the town's register of Historic Landmarks; the barn is located at 29330 Route 25, Main Road, Cutchogue,New York. SCTM# 1000-102-6-23.1. The property owners, John and Margaret Smyth have requested and the Historic Preservation Commission has recommended the property for inclusion on the town's register. tom-' Denis Noncarrow Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Greg Doroski, Councilman SECONDER:Brian O. Mealy, Councilman AYES: Nappa, Doroski, Mealy, Doherty, Evans, Russell Generated July 19, 2023 Page 62 Mariella Ostroski,Chairperson our uni%e Town Hall Annex Anne Surchin,Vice Chair h%r 54375 Route 25 Allan Wexler y� PO Box 1179 Fabiola Santana SOUTHOLD Southold,NY 11971 Tara Cubie • ���:or� • 'Telephone:(631)765-1809 Jeri Woodhouse kimf@southoldtownny.gov Marina de Conciliis �09 + �y' ' Kim E.Fuentes,Coordinator RFSZRVATIOt, Town of Southold Historic Preservation Commission Resolution No. 06.22.23.5 Date: June 22, 2023 Recommendation to the Southold Town Board of the Town of Southold to add the Smyth Barn (29330 Main Road, Cutchogue, SCTM No. 1000-102-6-23.1) to the Southold Town Registry of Historic Landmarks RESOLUTION: Make a recommendation to the Town Board of the Town of Southold to designate the Barn located on 29330 Main Road, Cutchogue,particularly known as Suffolk County Tax Map No. 1000-102-6-23.1, as a historic landmark for addition toTown's "Registry of Historic Landmarks"per Chapter 170-5 of the Town Code of the Town of Southold. WHEREAS, on May 15, 2023, John and Margaret Smyth made application to the Southold Town Historic Preservation Commission for inclusion of their property (Barn) at 29330 Main Road, Cutchogue to the Town's Registry of Historic Landmarks." WHEREAS, the Commissioners reviewed the application, visited the property, and found that the Barn meets the requirements for designation as set forth in Chapter 170-5(A) of the Town Code of the Town of Southold. NOW,THEREFORE BE IT RESOLVED,that the Southold Historic Preservation Commission recommends that the Town Board of the Town of Southold designate the Barn located at 29330 Main Road, Cutchogue,particularly known as SCTM No. 1000-102-6-23.1, as a historic landmark for addition to the Town's "Registry of Historic Landmarks"per Chapter 170-5,of the Town Code of the Town of Southold. RESULT: Passed,Unanimous Mover: Commissioner Woodhouse Second: Commissioner Wexler AYES: Chairperson Ostroski, Commissioners Surchin, Wexler, Santana, Woodhouse, de Conciliis (6-0) J TOWN OF SOUTHOLD Historic Landmark Smyth Barn 29330 Main Road, Cutchogue, New York This structure has been designat ed a Landmark that contributes significantly to the heritage of the Town Historic Preservation Commission Supervisor of the Town of Southold Date fu (�IN(u_il CD t� 000, HISTORIC PRESERVATION COMMI SOUTHOLD TOWN � U (� s' U L� D APPLICATION FOR LISTING ON pgAY 11gg SOUTHOLD TOWN REGISTER OF DESIGNATED L NDM�XR �3 TOWN OF SOUTHOLD BUILDING-STRUCTURE INVENTO ESERVATIONCQMPAISSION DATE: 1 OWNER'S/SPONSOR'S NAME: _JCl f CCU P, U ADDRESS: ,�93;750 �aCn CITY/STATE/ZIP: GA-ck PHONE: "IU6 a/I 1 ORGANIZATION (If any): IDENTIFICATION 1. Building Na a (How commonly identified): 2. Address: 2g33© MC60 3. County: �`jw okV Town: o ? Village: 4. County Tax Map Number: Section: I D.� lock 46 Lot ;2 I 5. Ownership: a. _Public b. Private 6. Present Occupant: 7. Use: Original: r Present: 8. Accessibility to Public: xterior visible from public road: _Yes _ No Interior accessible: (Explain, i.e. By appointment) SIPS DESCRIPTION 1. Building Materials: a. .�Zshingle b. _ Clapboards c. — Stone d. Aricks e. _Stucc9^f. VPBoard and Batten 2. Structural System: a. ­�/Wood frame b. _ Masonry load bearing walls C. _ Metal d. _Other 3. Condition: a. Excellent b. _ Good c. _ Fair d. _ Deteriorated 4. Integrity: a. On original site b. _Moved If so, when? c. List major alterations and dates, if known: RELATED OUTBUILDINGS AND PROPERTY a. _ Barn b. _Carriage House c. _Garage d. _ Privy e. _Shed f. _ Greenhouse g. _Shop h. _ Gardens i. _ Fence j. _ Landscape Features k. _Other (Explain): THREATS TQ BUILDING — a. /None Known b. _Zoning c. _ Roads d. Developers e. _ Deterioration f. _ Other (Explain) t OTI�ERf, 'OTABLE'FEAT RES OF BUILDING AND SITE(including interior features, ( 9 if known;rindicate if�b�iilaling or structure is in an historic district): ca.9t.�tlrUOr 10 VIV4,,, t 1. Date(s) of Initial Construction and Major Alterations, if any: 2. Architect: 3. Builder: 4. Historical and Architectural Importance, i.e. farrous residents, special events took place, etc. 5. Is structure, place or site presently on any historic register that you know of? If so, which one(s) and on what date (s)? NO MISCELLANEOUS DATA In your estimation, why should this property be designated a Southold Town Landmark? SOURCES OF INFORMATION(Individuals other than owner/applicant, maps, etc.): Attach photos of facades of building/structure/site visible from a public street as well as of significant interior features, i.e. fireplaces, mantles, stairs, etc. as appropriate. Attach Survey Map or Sketch of Location. AGREEMENT It is understood that by,the filing of this application, and following the inspection and evaluation of the property recommended for landmark status, that you are requesting the services of the Southold Town Historic Preservation Commission to help you conserve, protect and preserve your historic property. Neither the Commission nor the Town has fiduciary responsibilities for any recommendations it might make to you to accomplish these conservation goals. The Commission's recommendations to you are not.binding, but non-conformance with these recommendations could result in denial or revocation of S uthold Town landmark status. e ) Signature (s) of Applicant(s): 1���G l � / r ,4A,A'& Date: D l Forward completed application with required attachments to Southold Town Historic Preservation Commission, Town Hall, P.O. Box 1179, Southold, NY 11971 Ir,�a Y 'i ilac� � HISTORIC PRESERVATION COMMI SOUTHOLD TOWN � APPLICATION FOR LISTING ON { cIJ SOUTHOLD TOWN REGISTER OF DESIGNA ED ND�M�R23 10 7J;h9ESE=RVAT1&0NCfUA&A1&­-.. F SOLD BUILDING-STRUCTURE/NVENTO DATE: 1 J OWNER'S/SPONSOR'S NAME: C ADDRESS: a S?20 aCn 'M CITY/STATE/ZIP: �(ll�CVIO�(�`� PHONE: ORGANIZATION (If any): IDENTIFICATION 1. Building Name (How commonly identified): w-f1 2. Address: 330 3. County: 5,,k V_ Town: Village: 4. County Tax Map Number: Section: c�2 '4131ock Lot ;2,9- 1 5. Ownership: a. _ Public b. _ Private 6. Present Occupant: 7. Use: Original: Present: Stie��t 8. Accessibility to Public: xterior visible from public road: -Yes _ No Interior accessible: (Explain, i.e. By appointment) Y.5 DESCRIPTION 1. Building Materials: a. )zshingle b. _Clapboards c. —Stone d. -/Bricks e. _Stuccg^f. �7Board and Batten 2. Structural System: a. _/Wood frame b. _ Masonry load bearing walls C. _Metal d. _Other 3. Condition: a. Excellent b. _Good c. _ Fair d. _Deteriorated 4. Integrity: a. On original siteMoved If so, when? c. List major alterations and dates, if known: RELATED OUTBUILDINGS AND PROPERTY a. _Barn b. _Carriage House c. _Garage d. _ Privy e. _Shed f. _ Greenhouse g. _Shop h. _Gardens i. _ Fence j. _ Landscape Features k. _Other (Explain): THREATS TQ BUILDING a. ,/None Known b. _Zoning c. _ Roads d. _ Developers e. _ Deterioration f. _Other (Explain) APPLICATION FOR LISTING ON THE SOUTHOLD TOWN REGISTER OF DESIGNATED LANDMARKS TRANSMITTAL/ROUTING SHEET FOR BUILDING-STRUCTURE INVENTORY FORM (For Office Use Only) -)1. Date Received: < s�b-) 2. Date Initially Reviewed by Commission: 3. Date Scheduled for Inspection: 4. Date Inspected: 5. Inspection Team: 6. Comments of Inspection Team: 7. Recommendation: 8. Date of Final Review by Commission: 9. Action: Approved Denied 10. Date Submitted to Town Clerk for Official Notice 11. Date Applicant Notified: 12. Date Plaque Presented at Meeting of Town Board: D TOWN F HISTORIE RSOUTHOLDSVATION COMM ISSION+ MAIN ROAD ( S.R. 25 29"44'OB" E " 485.16' ° I50,00• @@ DLI6' IN•00• 535.65• u 'aa PWw f eLpd u+cLrcE Bmwa.fnna ENenrn�� fArxi ONnavE aA /�, ;x„f/, z g I� II S `o N 6I o Ig SUFFOLK CO SERVICES I IH I I Creaf Rive%Ne.YorA z a i � Is. oW H � e This is to.edify that the proposed Remty Subd;nWon or Development far �w S 29"44'00" W MAP OF VINEYARD VIEW in the 125.43' I I '� CUTCHOGUE is the To-of SOUTHOLD I—I1 Nomlet w .im a Total a—' I I of_L III..o appovad on the obom date.Water S-AIIII GM Se.D9e Duposvl mus ® I F�c t'fies t conform to c nstr U—standards m of/ecf at the time of p eso I A.XStTT ✓� nsf...No,old a subject to soperate permits pursuant to those AL •I- sfandords. This approval shoN be —Id only if tha realty - 1I•'. v,l "advlsion/tlevelapment mop is duly/fled with the County .CierA within W ne date.year of this Consent is hereby given for the filing of this mop LAND N/F OF COUNTY OF SUFFOLK I I `" ' ` .Tian U,"endorsmept appears,n me If(;..It me cw,.nfy Clerk in ZONED AC I I = --Monde.4h,provisions of the Public Health Law and the S01ON, B ? m County S-ft,,Cade. N I / I Oey, C _ -�•1� 41 / WALEFR 04WYD4W.RE o JI I54 .00' �•v �q �' J a'raamr.D;.iiaan of enrranmanml oaarly 9�700S 29w44'00" W` I P w LAND N fjI O OF - FFOC C YeN Cli =z e r I _ ZONED AC SKETCH PLAN ��-•[ MAP OF VINEYARD VIEW tl O r �) OO 91.53, I IOB.69 a H NOTE INNOVAi1VE/ALTERNATIVE ON SITE WASTEWATER N 7 y TREATMENT SYSTEMS(NORWECO/NJI)ARE REQUIRED. r LL(L S 29'44'00" W D� S.C.T.M.# 1000-102-6-23.1 V O W 200.15' TYPICAL PLOT PLAN FRONT VM (NOT TO SCALE) ONNER:—N h YARGARET S— FROM YARD SE161CN:50'MLV /T U PRJPERI'/LINE 2933D IGW NY 119]5 SIDE YARD YARD EFMA ;;;IS'AW(35'TOTAL) a LAND N/F OF COUNTY OF SUFFOLK LOT DATA V ZONED AC 0 40 80 120 O U) SNGLE TANaY RES. noyr !e NAo EIEYARON OAN, NAVD88 _ 'I hereby if m opa ❑water..pp ) nd/or I HEREBY CERTIFY THAT THIS MAP WAS MADE 1 UMDRIZED AL TERAOW OR ADD—TO TMS SIht IS A MO.ARW OF SECTRAV—I OF MC NEW rdhR STATE EDUCAOW LAW TED g Ov 11N5 ,iEY ewoge a a sal lyste is Fmlect.er FROM ACTUAL SURVEYS COMPLETED AUGUST 1, 2015, �'4P` uAp NOT­INC ONE LAND SURYEr T EMBOSSED SEAL SMALL Nor M EONSTERED TO BE A AUD TRUE COPY. DUARA ES/NDIUIEO NERCW SMALL RUN designed un er rn a AND THAT ALL CONCRETE MONUMENTS SHOWN THUS:O DNLY TO THE PERSON FO.R A9iOM ME SURKY IS PREPARED AND ON HIS SENATE TO ME ORE COMPANY,OOk—ENTAL AQ CY AND LENMND WSOTURLW upon a c 9 st,dy of the sod, 55 UsIrD HEREOY,ANO TO ME ASSIDNEES OF W LENOB90 INSRTUOON GUARANTEES ARE NDT TRANSILRAB(£. site and g aanawater candntona, n lots as HEREON ACTUALLY EXIST AND THEIR POSITIONS ARE I F o ME deAYIS tYi ONEN9WS END.HEREON TRW TNT PROaERTY LINES TO WE STRUCURES AM FIAT A SPELNIC PURPOSE AND USE MEREFORE ME'ME proposed conform Io me Suffolk County Depart- CORRECTLY SHOWN AND ALL DIMENSIONAL AND NOT INTENDED m MWUNENr WE P—ERTY LINES M TO CUIOE WE ERECOW OF FENCES ADdOWAL STRUCTURES OR AND OWM INPRO"EIM FASEMCNFS e t of Health Services construcllon standards GEODETIC DETAILS ARE CORRECT. �' I/A— AND/OR SUBSURFACE SWXWES RECO2000 OR UNREMRDED ARE NOT GUARANIFED UNLESS PHYSICALLY EIODENT W ME PREMISES AT Off ONE OF SURYEY in effect as of mrs ante" srsTELI suRwY W.DESCRIBED PROPERTY JOHN SMYTH; CERTIFIED T0: _LrAcxwa� p lO, ILCHINa MAP OF: MARGARET SMYTH; POOL Or aDx PaoL Taco: CHICAGO TITLE; SITUATED AT:CUTCHOGUE TEACHERS FEDERAL CREDIT UNION; Smt EXPANSION z wPOOL TOwN OF:SOUTHOLD KENNETH M WOYCHUE LAND SURVEYING,PLLC MICHAEL MAPES,P.E. NYSPE LICE(070501 KENNETH WOYCHUK LS LICN050B82 SUFFOLK COUNTY,NEW YORK Professional Land Surveying and Deaign P.O.Has lea Aquebogue,New 1-1 11831 PDAD FILE N.Y.s.usc.ND.D50R82 mJnW , wemea of ut-L, X 12-99 SCALE:I-=40. DATE:FEB. 11.2020 PNONE(801)288-I555 PAX(eat)2B0-I000 Oe ikons)a Xmv.W Y BBTahuY BOARD MEMBERS o f SOU Southold Town Hall Leslie Kanes Weisman,Chairperson Ty 53095 Main Road•P.O.Box 1179 Patricia Acampora h�� Ol0 Southold,NY 11971-0959 Eric Dantes Office Location: Robert Lehnert,Jr. cry §e Town Annex/First Floor • O 54375 Main Road(at Youngs Avenue) Nicholas Planamento e0um� � Southold,NY 11971 R CEI1/ED http://southoldtownny.gov C tA,\ ZONING BOARD OF APPEALS MA 0 2023 TOWN OF SOUTHOLD - Tel. (631)765-1809 Southold Town Clerk. FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF MARCH 16,2023 ZBA FILE:#7737 NAME OF APPLICANT: John and Margaret Smyth PROPERTY LOCATION: 29330 NYS Route 25, Cutchogue,NY SCTM No. 1000-102-6-23.1. SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was 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 11/14/2022 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 FACTSMESCRIPTION: The subject property is a conforming 160,367 square foot parcel located in an R-40 zoning district. The parcel runs 485.16 feet along Main Road. The parcel runs 200 feet on the west side, turns for 125.43 feet on the South side,runs 181.34 feet on the West side, runs 200.15 feet on the South side,turns 54.00 feet on the East side,runs 222.68 feet on the South side,then runs 321.16 feet on the East side. The parcel is improved with a two-story frame dwelling with bluestone patio, a one-story frame barn, a coop, an arbor, and a carport with concrete slab. All is shown on a subdivision map entitled, "Cluster Standard Subdivisin for John and Margaret Smyth"prepared by Kenneth W Woychuck L.L.S., last revised May 4,2022. BASIS OF APPLICATION: Request for a Variance from Article XXIII, Section 280-13C(1); and the Building Inspector's September 1,2022 Notice of Disapproval based on an application to subdivide a lot into two parcels and maintain an existing barn, carport and"as-built"arbor;at; 1)customarily incidental accessory structures or uses are not permitted on the lot without a principal use;located at:29330 NYS Route 25,Cutchogue,NY.SCTM No. 1000- 102-6-23.1. RELIEF REQUESTED: The applicant requests a variance to sub-divide the property into three code conforming building lots. The proposed sub-division will result in a frame barn, car port, and arbor being located on one of the vacant lots. The barn, car port, and arbor are customarily incidental accessory structures and uses and town code requires a building lot to contain a principle use in order to establish an accessory use. The subdivision which will result in accessory structures being present on a lot without a principal use is not in conformity with Town Code. Page 2,March 16,.2023 - #7737,Smyth SCTM No. 1000-102-6-23.1 AMENDED APPLICATION: During the hearing,the applicant was asked to bring the plan into more conformity with the code. The applicant agreed to remove the car port and arbor from the proposed eastern lot (3) thereby bringing the application into more conformity with the code. ADDITIONAL INFORMATION: The applicant's representative informed the Board that the application involved a three-lot subdivision,not-two lots,and indicated that the owner doesn't want to be forced to build a house,but to keep the property undeveloped as long as possible. The owner does not have any intention of demolishing the barn and would maintain it. Regarding converting the barn to a dwelling,the representative remarked that it just depends on what the future owner(s)will do. The applicant testified that the barn is a Society for the Preservation of Long Island Antiquities(SPLIA)listed structure that it is eligible for landmark status. FINDINGS OF FACTI REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on March 2,2023 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 variances will not produce an undesirable change-in the character of the neighborhood or a detriment to nearby properties. The neighborhood is a mixed neighborhood consisting of single-family homes,agricultural properties, and business properties. The barn has been in"its present location for over 100 years. Granting of the variance will not result in any visible change to the character of the neighborhood. 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant can be achieved by some method,feasible for the applicant to pursue, other than an area variance. The applicant could demolish the barn and remove the other small accessory structures,which would enable her to complete the sub-division as of right. 3. Town Law 4267-b(3)(b)(3). The variances granted herein is mathematically substantial,representing 100%relief from the code. However,the barn is pre-existing non-conforming and of historic value, although it does not have landmark status. With the Covenants and Restrictions imposed herein as a.condition of approval,a house(principal use)will be built on the parcel containing the barn within-a reasonable time thereby restoring the"as-built historic barn to its current code conforming status as an accessory to,a principal use. 4. Town Law 4267-b(3)(b)(4). No evidence has been submitted to .suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law 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 4267-b. Grant.of the relief as amended is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an accessory barn on a sub-divided property without a principal use 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 variance as AMENDED to require the applicant to remove the coop,car port and arbor to the lot with the principal dwelling,and allow the applicant to retain the barn structure. Page 3,March 16,2023 #7737,Smyth SCTM No. 1000-102-6-23.1 SUBJECT TO THE FOLLOWING CONDITIONS: 1) The applicant shall remove the car port and arbor from proposed lot 3 to conforming locations on proposed lot 2 which contains.the legal principal use(dwelling). 2) The applicant shall move the as built coop to a code conforming setback on proposed lot 2 containing the dwelling. 3) The applicant shall submit an updated survey/subdivision map showing the removal or re-location of the coop,,arbor and car port in code conforming locations. 4) The applicant shall apply to have the barn landmarked with the Town.of Southold Historic Preservation Commission. 5) The barn may not be demolished. . 6) The applicant shall file a Declaration of Covenants and Restrictions,as approved by the Town of Southold Town Attorney,on the newly created parcels that states.that a) The accessory barn, as an historic structure, must be maintained in perpetuity and may not be demolished b) The owner and all future owners of proposed'lot 3 are responsible for maintaining,the barn in serviceable condition including repair of leaks,and maintenance of roofing,framing and siding. c) A principal dwelling must be constructed on proposed Iot 3 containing the historic barn within 6 years from the date of this decision or the subdivided Jots (proposed lots 2 and 3) shall be merged into one lot in conformance with the Town-Code containing the as-built dwelling and as built accessory barn thereby restoring the as-built historic barn to its current code conforming status as an accessory to a principal use. 7) The applicant must obtain subdivision approval from the Town of Southold Planning Board 8) Failure to comply with any of the conditions imposed herein will render this decision null and void. This approval shall not be deemed effective until the required conditions have been met.At the discretion of the Board of Appeals,failure to comply with the above conditions may render this decision null and void That the above conditions be written into the Building Inspector's Certificate of Occupancy,when issued 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. IMPORTANT LIMITS ON THE APPROVAL(S) GRANTED HEREIN Please Read Carefully Any deviation from the survey,site plan and/or architectural drawings cited in this decision,or work exceeding the scope of the relief granted herein, will result in delays and/or a possible denial by the Building Department of a building permit and/or the issuance of a Stop Work Order,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, demolitions, or demolitions exceeding the scope of the relief granted herein, are not authorized under this application when involving nonconformides 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. Page 4,March 16,2023 #7737,Smyth SCTM No. 1000-102-6-23.1 TIME LIMITS ON THIS APPROVAL: Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured,and/or a subdivision map has not been filed with the Suffolk County CIerk,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.IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN.Failure to comply in a timely manner may result in the denial by the Building Department of a Certificate of Occupancy,nullify the approved variance relief,and require a new variance application with public hearing before the Board of Appeals Vote of the Board: Ayes:Members Weisman(Chairperson),Acampora,Dantes,Lehnert,and Planamento(5-0). t Leslie Ka es Weisman,Chairperson Approved for filing 1117/2023