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Home My WebLink About36848-Z TOWN OF SOUTHOLD BUILDING DEPARTMENT ~ ~ TOWN CLERK'S OFFICE 'm SOUTHOLD, NY a t s~°'~ 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 36848 Date: 12/2/2011 Permission is hereby granted to: Stanton, Philip & Stanton, Jennifer - - _ 18 Orchard St New York, NY 10022 To: relocate accessory bam per ZBA decision #6508 as applied for '~AYr~ M'DV~ '~o !oN-(-Zcj~ s~ ~3P y I q At premises located at: 522 Town Creek Ln, Southold SCTM # 473889 Sec/Block/Lot # 64.-1-14.7 Pursuant to application dated 8/4/201.1 and approved by the Building Inspector. To expire on 6/2/2013. _ Fees: ~er,.o?a l -~'e.e_ ~ ~ ALTERATION OF ACCESSORY BUILDINGS 88.00 CO -ACCESSORY BUILDING $ .00 Total: $438.00 F~ T~an~{v~c( -b ~~(-t-~ y,7 Building Inspector TOWN OF SOUT D ~ ~ ~I ~ BUILDING PERMIT APPLICATION CHECKLIST BUILDING DEPA D Do you have or need the following, before applying? TOWN HALL Board of Health SOUTHOLD, NY NOV 2 9 2011 4 sets of Building Plans TEL: (631) 765-180 Planning Board approval FAX: (631) 765-950 BLDG. DEPT. Survey SoutholdTown.No Fork.ndflWN DF ~j~: Xr'[J(J,fy Check Septic Form N.Y.S.D.E.C. Trustees C.O. Application JJ'' Flood Permit Examined, 20~ Single & Separate Storm-Water Assessment Form Contact: Approved 1 ,20~ Mail to: Disapproved a/c Phone: Expiration 20~ ~ ' Building Inspector i APPLICATION FOR BUILDING PERMIT Date ~"J , 20 INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be 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 afrer 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 ofthe permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION [S 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. - ignature of applicant~~or name, if a corporation) S~o2o /Y/a i~ rCoc<a! ~Ou~ca~~ (Mailing address of applicant) State whethffer applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder fTf.~'h'Yw`~ / Name of owner of premises J.P//~ r~ / ~ ~h t (c ~ ~~~pyL- (As on th 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: House Number Street Hamlet County Tax Map No. 1000 Section ~o % Block / Lot 2.~ v-~ ' Qi BOARD MEMBERS OF $0 Southold Town Hall Leslie Kanes Weisman, Chairperson ~rbplG 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 James Dinizio, Jr. #t lrt Office Location: Gerazd P. Gcehringer H C Town Annex /First Floor, Capital One Bank George Horning ~p ~ i~ 54375 Main Road (at Youngs Avenue) Ken Schneider l~C~~ Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS REC~EIVnED' TOWN OF SOUTHOLD q a ~~3 Tel. (631) 765-1809 • Fax (631) 765-9064 ~~OV UUU ~ O~ n ~G, FINDINGS, DELIBERATIONS AND DETERMINATION C~~t-(,r MEETING OF NOVEMBER 3, 2011 SOUthOld TOWn Clerk ZBA FILE: # 6508 NAME OF APPLICANT: Philip and Jennifer Stanton SCTM# 1000-64-01-14.7 PROPERTY LOCATION: 522 Town Creek Lane and 845 Maple Lane (adj. to Town Creek), Southold, NY 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 August 31, 2011 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: This application was referred for reviewed under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued his reply dated September 28, 2011, based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: Current location of existing barn is on a property that is 56,SOlsf it is improved with a three story framed dwelling, a framed garage and the subject barn. The proposed location for the barn is an improved property with two one family dwellings and a framed accessory building it is 5.3257 acres and has 202.00 feet of frontage on Maple Ave., 595.18 feet on the north property line, 678.80 feet on the east property line, 374.07 feet along Town Creek, and 299.00 feet on the west property line as shown on [he survey prepared by Peconic Surveyors last dated November 9, 2007. BASIS OF APPLICATION: Request for Variance from Article III Code Section 280-15 and the Building Inspector's August 10, 2011 Notice of Disapproval based on an application for building permit to relocate and re- construct anaccessory bam at; 1) height at more than the code required maximum of 22 feet, existing location: 522 Town Creek Lane and proposed location: 845 Maple Lane. RELIEF REQUESTED: The applicant proposes to relocate the subject accessory Barn from SCTM# 1000-64-01- 14.7 to SCTM# 1000-64-01-29. The subject Barn has apre-existing nonconforming height of 25.1 feet, where the code permits a maximum of 22 feet, therefore necessitating a height variance ADDITIONAL INFORMATION: At the public hearing, the applicant was asked about the second floor loft of the barn and agreed to remove the second floor and leave the first floor open to the existing roof, and to submit a new floor plan showing this change. The Southold Historical Society is in favor of the applicants' variance request. Page 2 of 3 -November 3, 2011 ' ZBA FileN6508 -Stanton CTM: 1000-64-1-14.7 FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on October 6, 2011, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the properly and surrounding neighborhood, and other evidence, the Zoning Boazd finds the following facts to be true and relevant and makes the following findings: I On the basis of testimony presented, materials submitted and personal inspections, the Boazd makes the following fmdings: I i 1. Town Law &267-b(3)(b)(1). Granfing of the requested variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The barn has existed in its current location since the 1920's. The proposed re-location of the subject barn onto an adjoining residential pazcel that is over 5 acres will be in a conforming location The preservation and re-use of existing historic structures is generally considered desirable to the maintenance of the chazacter of a neighborhood. 2. Town Law &267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. To decrease the height of the pre-existing nonconforming Barn to a conforming height would require the reconstruction of the roof, which would not be feasible. Moreover, this is an historic barn constructed in the Tate 1890's and to reduce the height would diminish its historic value and character. 3. Town Law &267-b(3)(b)(3). The variance granted herein is not mathematically substantial requiring a 3.1 foot or 14% relaxation from the Code maximum permitted 22 feet. Additionally, the bam is an historic structure that should be preserved in its original condition. 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. Storm water run-off will be contained on site as per town code. 5. Town Law &267-b(3)(b)(5). The difficulty has not been self-created. The barn exists at 25.1 feet high and the applicant desires to maintain its historical authenticity and relocate it onto their adjoining parcel to be reused for another purpose (year `round family recreation). 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 relocating the subject historic Barn with its pre-existing nonconforming height to SCTM# 1000-64-01-29 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 Weisman (Chairperson), seconded by Member Goehringer, and duly carried, to GRANT, the variance as applied for, and shown on the drawings entitled "Stanton Barn Relocation" Sheet #'s I, 2 & 3, prepared by Joseph Fischetti, P.E., dated October 11, 2011 and the site plan sheet labeled L-1.00 prepared by Edmund D. Hollander, LA, dated Aug. 9, 2010, subject to the following conditions; Conditions: 1. The barn shall remain uninhabitable. 2. The second story shall remain open to below. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. 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 Departrnent of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Page3of3-November 3, 7A11 ZBA Filei16508 -Stanton CTM: 1000-64-1-14.7 Any deviation from the vaziance given such as extensions, or demolitions which aze not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconfonnities 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 aze expressly addressed in this action. The Boazd 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. Vote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Dinizio, Horning. (Absent was: Member Schneider) This Resolution was duly adopted (4-0). Leslie Kanes Weisman, Chairperson Approved for filing /2011