HomeMy WebLinkAbout50336-Z � rc�ta TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, NY
Wwv 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#: 50336 Date: 2/13/2024
Permission is hereby granted to:
QJSwG Properties LLC_
Centra ...
333 I Park W Apt 106
...__
-------
New York, NY 10026nm.,........_._._ .....
To: Legalize an "as built" accessory pergola as applied for per ZBA approval.
At premises located at:
38015 Route 25, Orient
SCTMnw# 473889
Sec/Block/Lot# 15.-2-15.7
Pursuant to application dated 1/17/2024 and approved by the Building Inspector.
To expire on _",8/14/2025.
Fees:
AS BUILT-ACCESSORY $562.00
CO -ACCESSORY BUILDING $100.00
................._.. ...�...�
Total: $662.00
Building Inspector
TOWN OF SOUTHOLD—BUILDING DEPARTMENT
� Town Hall Annex 54375 Main Road P. O. Box 1179 Southold,NY 11971-0959
`� Telephone (631) 765-1802 Fax (631) 765-9502 littr)s:/Jwww,southo,idtowiiny.gov
Date Received
APPLICATION FOR BUILDING PERMIT
For Office Use Only
PERMIT N0. LO Building Ins'pector'. 'J&
Applications and forms must be filled out in their entirety.Incomplete
applications will not be accepted. Where the Applicant is not the owner,an
Owner's Authorization form(Page 2)shall be completed.
Date:01/16/24
OWNER(S)OF PROPERTY:
Name:QJSG Properties LLC, Chad Gallant SCTM#1000-15-02-15.7
Project Address:38015 Main Road, Orient NY 11957
Phone#:646-734-3579 Email:
Mailing Address:333 Central Park W, Apt 106, New York, NY 10025
CONTACT PERSON:
Name:Gary Steinfeld/West Creek Builders
Mailing Address:PO Box 256, New Suffolk, NY 11956
Phone#:631-334-9205 Email:gary@westcreekbuilders.com
DESIGN PROFESSIONAL INFORMATION:
Name:Condon Engineering, P.C.
Mailing Address: 1755 Sigsbee Road, Mattituck, NY 11952
Phone#:631-298-1986Email:
CONTRACTOR INFORMATION:
�.-.� o'. ..
Name:West Creek Builders
Mailing Address:PO Box 256, New Suffolk, NY 11956
Phone#:631-334-9205 Email:gary@westcreekbuilders.com
DESCRIPTION OF PROPOSED CONSTRUCTION
❑New Structure ❑Addition ❑Alteration ❑Repair ❑Demolition Estimated cost of Project:
OOther As Builts as per ZBA#7827 Determination $
Will the lot be re-graded? ❑Yes RNo Will excess fill be removed from premises? ❑Yes �No
II
1
BOARD MEMBERS Southold Town Hall
Leslie Kanes Weisman, Chairperson 53095 Main Road•P.O. Box 1179
Patricia Acampora � ' Southold,NY 11971-0959
Eric Dantes Office Location.
Robert Lehnert,Jr. Town Annex/First Floor
Nicholas Planamento 54375 Main Road(at Youngs Avenue)
40orm Sou l b
http://southoldtov,Tmy.gov
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631)765-1809 Southold Town Clerk
FINDINGS,DELIBERATIONS,AND DETERMINATION
MEETING OF OCTOBER 19,2023
ZBA FILE: #7827
NAME OF APPLICANT: QJSG Properties,LLC
PROPERTY LOCATION: 38015 NYS Route 25, Orient,NY SCTM: 1000-15-2-15.7
SERA I ETER I;[NATI : 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 ADMIN STRA`IVE 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 21,2023 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 DET mRMIi" TI .N. 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/DESCRIPTIO I: The subject,conforming,property measuring 19.645 acres has access to NYS
Route 25 via a 337.42 feet in length flagpole having a lot width of 99.92 feet along the roadway (which includes a
50 feet wide right of way dinning the length of the lot, allowing access to the small,waterfront parcel to the north),
measures approximately 2,050.20 feet along the easterly property line,measures 543.29 along the northerly property
line and 1,763.16 feet along the westerly property line,contiguous with multiple residential lots of the"Green Acres
at Orient" subdivision, then 308.56 feet along the southerly property line where it then meets the aforementioned
flagpole portion of the lot. The property is improved with a one and one half-story frame house with porch currently
under renovation,a tennis court,and multiple"as-built"structures(subject of this application)all shown on a survey
prepared by Howard W. Young, Licensed Land Surveyor last revised July 26, 2023.
BASIS OF A:P LICATION: Request for Variances from Article III, Section 280-13C; Article III, Section 280-15;
Article XXII, Section 280-105D(4); and the Building Inspector's May 9, 2023, Amended July 28, 2023 Notice of
Disapproval based on an application for a permit to install additional deer fencing and to construct an accessory
potting shed,a chicken run with coop,a goat barn,an accessory artist studio structure,barn,and two(2)hoop houses,
and to legalize an"as built"accessory pergola,a greenhouse and two(2)sheds on rural residential property;at 1)the
proposed artist studio use in the accessory building is not a permitted accessory use;2)seven(7)proposed accessory
structures located in other than the code permitted rear-yard; 3) four (4) "as built" accessory structures located in
other than the code permitted rear yard;4)deer fencing located in the non-permitted front yard or primary front yard;
located at: 38015 NYS Route 25, Orient,NY. SCTM No. 1000-15-2-15.7.
RELIEF RE Q STED: The applicant requests multiple variances to legalize several "as-built" accessory
structures,including a pergola(14 feet by 22 feet),a greenhouse(14 feet by 19.6 feet), and two(2)sheds(combined
Page 2,October 19,2023
47827,QJSG Properties
SCTM No. 1000-15-2-15.7
size,, 3.9 feet by 13.6 feet) located in a front yard where such improvements are limited to rear yard locations; the
applicant seeks a variance to construct a deer fence eight(8)feet in height in a front yard location, where only a four
(4) foot high fence is allowed; the applicant seeks variances for the proposed construction of several accessory
structures, including a potting shed (8 feet by 12 feet),a chicken run (30 feet by 100 feet) with coop (10 feet by 20
feet),a goat barn(12 feet by l 6 feet), two(2)hoop houses(each 20 feet by 50 feet), a barn(40 feet by 60'feet with
a height of 20.11 feet), and an elevated art studiolviewing platform (16 feet by 16 feet with a height of 17.4 feet)
located in a front yard where the Code limits the placement of such structures to a rear yard location;and finally,the
applicant seeks a variance for the use of the art studio,which is not permitted per the Town of Southold code.
ADD,1T1DNAL. INFORMATION: The applicant is the owner of the large, seven (7) acre, waterfront estate
immediately to the north for the subject property, known as SCTM: 1000-15-2-15.8 and while an independent
property it is characteristically aligned to the agriculturally used subject parcel. Presently,the applicant proposes to
live in the house on the SUb ect parcel that has an open building permit for renovations and expansion;the residence
to the north will be renovated and occupied at a later date by the applicant's adult soar.
The applicant provided architectural plans for the accessory structures unsigned and unstamped, labeled A-I through
A-4 and dated July 18, 2023 and manufacturer specs for the hoop houses from Hol klartherm dated September 2016.
Improvements on the parcel are covered by the following Certificate of Occupancy:
#Z-33595 dated March 16,2009 covering the conversion of an existing accessory structure to a
residence.
#Z-33594 dated March 16,2009 covering an accessory tennis court
#Z-44926 dated June 26, 2020 covering a deer fence in a front yard location per ZBA approval
An open building permit, file #49219, was issued May 9, 2023 for additions and alterations to an existing single-
family dwelling.
The residential structure is located at the northern end of the subject parcel with the majority of land(presently used
for agricultural purposes) located to the south; little or no room exists in the compliant rear yard of the residence to
place the necessary agricultural accessory structures (both "as-built" and proposed) in a compliant location. The
parcel is bisected by wetlands which are presently unfenced to the west.
At the hearing the applicant's aitorney explained that, although the Notice of Disapproval stated that the proposed
deer fencing was not permitted in a front yard,the applicant proposes to place deer fencing around the wetlands area
located in the existing front yard and would only be tying it into the existing deer fence permitted under prior Board
relief.
The applicant is the beneficiary of prior Board relief under file 47371 dated February 20, 2020 granting relief to
allow a deer fence in a front yard location, along the perimeter of the property.
Development rights on the entire parcel are intact. The applicant offered testimony that the farin operation and use
of the site agriculturally is accessory to the residential use and that they are presently not classified as a bona fide
farm operation. The produce grown and agricultural products are for the owner's own consumption and are not sold
at a permitted roadside farmstand.
The applicant's agent offered testimony that the art studio (in practice an enclosed viewing platform) is for the use
of the property owner,that no public events will be held and that the structure will not contain plumbing or a bathroom
nor will it be conditioned and will have limited/basic electric service.
An immediate neighbor wrote a letter of concern prior to the public hearing; during the public hearing the 'farm
manager' spoke in favor of this application reminding the Board of the property size and remote location with
Page 4,October 19,2023
#7827,QJSG Properties
SCTM No. 1000-15-2-15.7
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 several"as-built" accessory structures, including a pergola(14 feet by 22 feet), a
greenhouse(14 feet by 19.6 feet),and two(2)sheds(combined size,3.9 feet by 13.6 feet)and the construction of a
deer fence eight(8)feet in height in a front yard location(along,the perimeter of wetlands at the center of the parcel,
and the construction of several accessory structures: a potting shed(8 feet by 12 feet),a chicken run(30 feet by 100
feet)with coop(10 feet by 20 feet),a goat barn(12 feet by 16 feet),two(2)hoop houses(each 20 feet by 50 feet),a
barn(40 feet by 60 feet with a height of 20.11 feet),and an elevated art studio/viewing platform (16 feet by 16 feet
with,a height of 17.4 feet)ALL located in a front yard where the Code limits the placement of such structures to a
rear yard location while preserving and protecting the character of the neighborhood and the health, safety and
welfare of the community.
lit ISOLUT. N Oh TI-11 BOAId D:In considering all of the above factors and applying the balancing test under New
York Town Law 267-B, motion was offered by Member Planamento,seconded by Member ,and duly carried,to
GRANT the variances as applied for and shown on a Building Permit Survey prepared by Howard W.
Young,L.S., last revised July 26, 2023; and Architectural Plans for the pergola and the 13.6 ft. by 3.8 ft.
shed,labeled A-3 and A-4,prepared by John J. Condon, dated August 17,2023; and nsig_ned and
,unstamed Architectural Plans of the 40 ft. by 60 ft. barn,potting shed, goat barn, chicken coup and artist
studio, labeled A-1 and A-2 and, dated July 18, 2023 and manufacturer specs for the hoop houses from
Hoklartherm, dated September 2016.
SUBJECT TO"1E FOLLOWING CONDITIONS:
1. The applicant must apply to the Building Department for a building permit for all the "as built"
improvements located in the non-conforming front yard (a 14 ft.x19.6 ft. greenhouse, a 13.6 ft.x 3.8 ft.
frame shed,and a 14.1ft.x 21.1 ft.pergola)within 90 days of the date of this decision and submit same to
the Office of the Zoning Board of Appeals,or submit a written request for an extension to the Board of
Appeals setting forth the reason(s)why the applicant was unable to obtain a building permit in the time
allotted.
2. The applicant must obtain a Certificate of Occupancy from the Building Department for the"as built"
improvement(s)and submit same to the Office of the Zoning Board of Appeals within 12 months of this
decision or submit a written request for an extension to the Board of Appeals setting forth the reason(s)
why the applicant was unable to obtain a Certificate of occupancy in the time allotted.
3. The"as built" improvement(s)may not be used until a Certificate of Occupancy has been obtained.
4. The art studio/viewing platform is not to be conditioned in anyway;plumbing shall be limited to a utility
sink only(no half or full bathroom shall be permitted);and basic electricity shall be allowed.
5. In addition,the Board determines the following elements/conditions led to the determination that the artist
use is customary and incidental to the principal use,and therefore shall apply:
a) Such use is incidental to the principal residential use on the premises.
b) The artist's studio/workshop in an accessory structure is not rented to or used by anyone other than the
property owner of the principal dwelling. If property owner applies for a rental permit for the subject
dwelling, or sells/transfers the property, art studio use shall be extinguished.
c) No individual or group instructions, classes or demonstrations related to the production/fabrication of
crafts/art works in the studio/workshop may take place on the property.
d) The property owner may not employ or engage unpaid assistance by any other persons(s) in relation to
the production/fabrication of art/crafts in the accessory structure,
e) There is no exterior effect at the property line such as noise,traffic, odor,dust, smoke,gas,fumes or
radiation.
f) No display of products/art work/crafts etc. is visible to the street.
Page 6,October 19,2023
#7827,QJSG Properties
SCTM No. 1000-15-2-15.7
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 Planamento, Lehnert, Aoampora, Dantes, Weisman. This Resolution was duly
adopted(5-0).
Us-fie Kanes Weisman, Chairperson
Approved for filing/�` / . --/2023
RECEIVED "I
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SITE DATA 1000-15.-02-15.7 �.OA COVERAGE EXISTING STRUGTURARE EXISTING AND E��I�G�AND PROPOSED FENCING FENDING: �RELOCATION
.___-...__ LOTLOT AREA -.....855146 5F 19 645 AG ... IC ..A .._.._..,. IM P;
THE FOLLOWING STRUCTURES PERMITT D B'DEER FENDING NOTED AS DF-E ROOADWAYDDEER GRATE AT SOUTHEAST CORNER OF PROPOSED " f u.ff
PROPERTY: 38015 ROUTE 25 TOTAL REQUIRE A5-BUILTS: v ,
ORIENT,NY 11957 qq EXISTINGE I °
OWNER: QJSG PROPERTIES LLG 107 COVERAGE-EXISTING [[r R 14.1'X 22„1'PERGOLA @ GARDEN AREA (BP-04926/ZBA-1311) DEERFENCE 4A”
ZONING: RBO EXISTING FRAME RESIDENCE 1,064 5F 14.0-X 19,6'GREENHOUSE @ GARDEN AREA PROP05ED"B DEER FENCING NOTED AS DFP LOCATION MAP
PERGOLA 5125F E3 B'X 13.6'FRAMED SHED @GARDEN AREA PROPOSED 4'HIGH GOAT PADDOCK FENCING"NGING NOTED A5 GF-P N.T.S.
V ..,__...ww gmm^mmIT � NN I
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SURVEYOR GREENHOUSE 424 SF E4-4'X 6 FRAMED SHED @ TENNIS COURT
SITE PLAN BASED ON SURVEY BY; GARDEN SHED 52 5F """""'""' ----- """"""""""""""""""""'"'""""""'"_-".
_
YOUNG ASSOCIATES,HOWARD W.YOUNG LAND � TENNIS EQUIPMENT SHED 259F STRUCTURE DESCRIPTIONS NOTES� m
SURVEYOR TENN15 COURT 1,194 5F UGTURES QJSG PROPERTIES LLG
PROPOSED STRTURES ARE PROPOSED AND •141 X22.1 PERGOLA AT GARDEN AREA A5 SHADE STRUCTURE LI NEW PROJECT
DATED FEBRUARY 20,2020 ERHEAD NY 11901 THE F L OVAR ANDES FOR EXITING: LIN STAKES PLACED ON-PROPERTY AT LOCATIONS
TOTAL EXISTING LOT COVERAGE STRUCTURES P1-P7 ;38015 MAIN ROAD
400 OSTRANDER AVENUE RIV _ 9 071 5F 1.06% R FRONT YARD,ETC: •140 X 19.6 GREENHOUSE AT GARDEN AREA FOR WINTER PLANT STORAGE AND STARTER SEEDING TENNIS COURT BP-33332
•3.6'X 13"6'GARDEN SHED FOR STORAGE OF GARDEN SUPPLIES SEASONAL NON-POTABLE WATER TO BE PROVIDED AT ORIENT, -1
VARIANCES
T OC F_pRpPOSED P1-B'X 12'POTTING SHED @ GARDEN AREA .4'X 6'SHED AT TENNIS COURT FOR TENNIS EQUIPMENT STORAGE POTTING SHED,CHICKEN COOP,GOAT BARN 1000-15.-2-15,.7
POTTING SHED 965F 'I 'P2-30'X 100'GHIGKEN RUN Nll 10'X20'COOP LOT2
THE FOLLO VARA _ �
WING VARIANCES ARE REQUESTED: CHICKEN COOP 200 SF P3-12'X 16'GOAT BARN PROPOSED: """""""' ---""'""""'" """' "
GOAT BARN 192 SF P4-16'X 16'ARTIST STUDIO •B'X 12'POTTING 5HED AT GARDEN AREA FOR POTTING/PROPAGATING PLANTS W/ELECTRIC DRAWING
ACCESSORY STRUCTURES LOCATED IN OTHER THAN ARTIST STUDIO 256 SF P5-40'X 60'BARN •50'X 1 00'GHIGKEN RUN CONSTRUCTED OF V HIGH WIRE MESH FENCE W/WIRE MESH ROOF FOR SITE PLAN
A5-BUILT 8 PROPOSED
REARYARD BARN 2,400 SF Pb-20'X 50'HOOP HOUSE#1PREDATOR PROTECTION
HOOP HOUSES(2) 1,000 5F Pl-20'X 50'HOOP HOUSE#2 •10'X 20'CHICKEN COOP LOCATED WITHIN CHICKEN RUN ABOVE W/ELECTRIC STRUCTURES
DEER FENCE GREATER THAN 4'HIGH LOCATED IN ----- """"' "'" "" """""""""""""-- --- "" •12'X 16'GOAT BARN POLE STRUCTURE FOR GOATS LIVING 8 FEEO ING...W/ELECTRIC
155 1 /I F RASIONS
!,FRONT YARDTOTAL ADDITIONAL LOT COVERAGE •16'X16'ARTIST STUDIO FOR VIEWING OF NATURE,SKETCHING,WRITING,..MAX,.1B'HIGH ^wL Cw1 tl/y My�F 07,18,23
•40'X 60'BARN W/50LAR PANELS ON SOUTH FACING ROOF "^1"
,.....". m._,."... .."......._—. .. .......,..... ..�.__", 4,1445F s\,G ('b 11,23
•TWO(2)20'X 50'HOOP HOUSES FOR PLANT GROWING * r ."+4,N !
TOTAL PROP05EV LOT COVERAGE ._......._ -_.. ,...,..,.".._.... . ......... ,......... ..a "...... ___.,_.....__........ ...,-�. q
15,2155F 154% ."-