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HomeMy WebLinkAbout38141-Z TOWN OF SOUTHOLD rA,~ a BUILDING DEPARTMENT ~ ~ ~ TOWN CLERK'S OFFICE SOUTHOLD, NY T 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 38141 Date: 6/28/2013 Permission is hereby granted to: Switzer Hugh Lee Irrv Trt 4651 Sentinel View Rd Atlanta, GA 30327 To: construct a Deer Fence in the required yard as applied for At premises located at: 3180 Mill Rd, Peconic SCTM # 473889 Sec/Block/Lot # 67.-5-1 Pursuant to application dated 6/19/2013 and approved by the Building Inspector. To expire on 6/28/2014. Fees: DEER FENCE $75.00 Total: $75.00 w.~~~ Building Inspector TOWN OF SOUTHOLD BUILDING PERMIT APPLICATION CHECKLIST BUILDING DEPARTMENT Do you have or need the following, before applying? TOWN HALL Boazd of Health SOUTHOLD, NY 11971 4 sets of Building Plans TEL: (631) 765-1802 Planning Board approval FAX: (631) 765-9502 Surveyl~i ~n._,:~ `~.i , ~ - f' ? SoutholdTown.NorthFork.net PERMIT N0. ~J g I ~"I Check . O O SU 'b., j Septic Form N.Y.S.D.E.C. Trustees C.O. Application Flood Permit Examined, 20~ Single & Separate Storm-Water Assessment Form ,gg Contact: 1 Approved~ayZO ~J Mail to: 1- U Zg3 Disapproved a/c ,~I20113P/P~~~1J1~i ~~I ~~~,,/~a 1/~ Phone: ~y(7y-yO~-"~Jr~LS Expiration f ~20 /7 P~ ~ V -~I 5 . S ~~cQ f- Building Ins ector - ~ APPLICATION FOR BUILDING PERMIT ~ ~I I~AY - 9 2013 ~ ~ 20~ 1 ~ Date INSTRUCTIONS floc oEF1. p a. TIIf>~' completely filled in by typewriter or m 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. a 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 of the permit for an addition six months. Thereafrer, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (Signature of applicant or name, if a corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder ~l. Name of owner of premises Se,J I 1 ~ e1L ~i p l ~F2 RC~J ,~CZII.S ~ (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: ~i 1 F~0 1YI i t_ L ~Q rt_+Q I PCC,"~ tJ S C House Number Street Hamlet County Tax Map No. 1000 Section ~ r/ Block Lot Subdivision Filed Map No. Lot 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy lLPS t l7~tJT ~~A l _ ~~b. tended use and occupancy _1_A.~S ~ Yat_c__ ~~n~ i~pt~1C' ~ 3. Nature of work (check which applicable): New Building Addition Alteration Repair Removal Demolition Other Work (Description) 4. Estimated Cost Fee (To be paid on filing'this application) 5. If dwelling, number of dwelling units Number of dwelling units on each floor If garage, number of cars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front Rear Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories 8. Dimensions of entire new construction: Front Rear Depth Height Number of Stories ; 9. Size of lot: Front Rear Depth 10. Date of Purchase Name of Former Owner 1 1. 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 NO Will excess fill be removed from premises? YES_ NO_ 14. Names of Owner of premises Address Phone No. Name of Architect Address Phone No Name of Contractor Address Phone No. 15 . Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES ? NO ~F YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? *YES ? NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? *YES NO * IF YES, PROVIDE A COPY. STATE OF NEW YORK) SS: COUNTY OF ) being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the (Contractor, Agent, Corporate Ofticer, 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 b~l~'~t$tl~t~work will be performed in the manner set forth in the application filed therewith. Notary Public, State of New York No.01BU6185050 S orn o before me this Qualified in Suffolk County / day ofY~1~~ ~ VV ~ 20~ Commission Expires April 14, 2Q~~0 ~k Notary Public ignature of A plicant James F. King, President ~OF S~Ury Town Hall Annex Bob Ghosio, Jr., Vice-President h0~ 54375 Main Road P.O. Box 1179 Dave Bergen * Southold, New York 11971-0959 John Bredemeyer r/+ ~ Michael J. Domino ~ ~ Telephone (631) 765-1592 Fax (631) 765-6641 ~'~OOUNi'1,~ BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Permit No.: 8158A D ~ ~ ~ Date of Receipt of Application: April 18, 2013 0 Applicant: Hugh Switzer D SCTM#: 67-5-1 MAY 2 1 2013 Project Location: 3180 Mill Lane, Peconic Date of Resolution/Issuance: May 15, 2013 sine. DEFT. Date of Expiration: May 15, 2015 - mw.~ nr ~ou1„~~o Reviewed by: John Bredemeyer, Trustee Project Description: To install an 8' high deer fence along the side yards and rear of property. Findings: The project meets all the requirements for issuance of an Administrative Permit set forth in Chapter 275 of the Southold Town Code. The issuance of an Administrative Permit allows for the operations as indicated on the project plan prepared by Hugh Switzer, received on May 6, 2013, and stamped approved on May 15, 2013. Special Conditions: None Inspections: Final Inspection. If the proposed activities do not meet the requirements for issuance of an Administrative Permit set forth in Chapter 275 of the Southold Town Code, a Wetland Permit will be required. This is not a determination from any other agency. James F. King, President Board of Trustees James F. King, President ~ao~ S~UryO Town Hall Annex . Bob Ghosio, Jr., Vice-President ,`O ~ 54375 Main Road yy P.O. Box 1179 Dave Bergen T ~ Southold, New York 11971-0959 John Bredemeyer ~ ~ yp~ Telephone (631) 765-1592 Michael J. Domino OI~C~UNTY ~ Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD CERTIFICATE OF COMPLIANCE # 0899C Date: September 11, 2013 THIS CERTIFIES that the installation of an 8' high deer fence alone the side vards and rear of mm~ertv. At 3180 Mill Lane. Peconic, New York Suffolk County Tax Map # 67-5-1 Conforms to the application for a Trustees Permit heretofore Fled in this office Dated Anril 18, 2013 pursuant to which Trustees Administrative Permit #8158A Dated May 15, 2013 was issued and conforms to all of the requirements and conditions of the applicable provisions of law. The project for which this certificate is being issued is for the installation of an 8' hieh deer fence alone the side yards and rear of rp onertX. The certificate is issued to HUGH SWITZER owner of the aforesaid property. Authorized Signature FORM NO. 3 NOTICE OF DISAPPROVAL DATE: May 20, 2013 TO: Hugh Switzer 3180 Mill Lane Peconic, NY 11958 r i~'~~ u Please take notice that your application dated May 9, 2003 c',-c" f- r`' ' For permit to construct a deer fence at ~ `f ' ' ~ ~ ` Location of property: 3180 Mill Lane, Peconic, NY County Tax Map No. 1000 -Section 67 Block 5 Lot 1 Is returned herewith and disapproved on the following grounds: The proposed construction is not permitted pursuant to Article XXII Section 280-105, which states, "Fences, walls or berms maybe erected and maintained, subject to the following height limitations: C. "In residential and nonresidential zones except propertie~arcels engaged in bona fide agricultural production the installation of a deer exclusion fence may be permitted by obtaining a buildingpermit issued by the building inspector subject to the followine criteria: 1. "When located in or along side and rear yards the height of the deer exclusion fence shall not exceed eight feet. T ro sed 8- of deer f ill be artiall located in the front ard. d Sign tur Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson ti~~~o~ $~(/jyO~ 53095 Main Road • P.O. Box 1 ] 79 Eric Dantes Southold, NY 11971-0959 Office Location: Gerard P. Gcehringer ~ Town Annex /First Floor, Capital One Bank George Horning • ~O 54375 Main Road (at Youngs Avenue) Ken Schneider u~.yC~U~ Southold, NY 11971 http: //southo] drown. northfork. net ZONING BOARD OF APPEALS _ TOWN OF SOUTHOLD - i ~ ; Tel. (631) 765-1809 • Fax (631) 765- I~~~ I`l AUG 2 6 2013 ~ !OID FINDINGS,DFJLIBERATIONS AND DETE ON - - " MEETING OF AUGUST 22, 2013 ZBA FILE: 6669 NAME OF APPLICANT: Hugh Switzer PROPERTY LOCATION: 3180 Mill Road, (adj. to Goldsmith Inlet) Peconic, NY SCTM#1000-67-OS-OI 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 ADMINISTRATNE 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 July 2, 2013 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: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standazds. The LWRP Coordinator issued a recommendation dated August 5, 2013. 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 [he proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION Subject parcel is a conforming lot in the R40 District. It contains 3.218 acres and is improved with a single family dwelling, accessory garage and an accessory shed. This is a uniquely shaped property it has 611.43 feet of frontage on Mill Road, 171.68 feet along the northern property line, 791.63 feet on Goldsmith Inlet and 168.03 feet on the southern property line, as shown on the survey dated 08 September 2006 prepared by Stanley J. Isaksen, Jr., LLS. The parcel is bordered on the north byheavily wooded land owned by Suffolk County and on the south by heavily wooded land owned by the applicant. BASIS OF APPLICATION: Request for Variance from Article XXII Code Section 280-105 based on an application for building permit and the Building Inspector's May 20, 2013 Notice of Disapproval concerning a permit to install deer fencing, at: 1) Fence height at more than the code permitted 4 feet when located in the front yard. RELIEF REQUESTED: The applicant requests a variance to construct 8 foot high deer fencing in the southerly and northerly front yard locations along the parcel's side yards, where the code restricts 8 foot high deer fencing to only the rear yard and dwelling established side yard locations. Page 2 of 4-August 22, 2013 ZBA#6669 -Switzer SC7'M#1000-67-5-1 ADDITIONAL INFORMATION: The adjoining parcel to the north is undeveloped lands owned by the County of Suffolk and the adjacent parcel to the south is presently owned by the applicant. The dwelling is set back 118 feet from the front property line, where the code permits a minimum of 60 feet. This parcel is approximately 3 times larger than the 3 largest parcels directly opposite it on Mill Road and is approximately 8 to 10 times larger than the remaining parcels in this neighborhood. Two letters were received from neighbors in support of the application. FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on August 8, 2013, 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 &267-b(3)(b)(ll. Grant of a variance to install an 8 foot high deer fence in the northerly side of the parcel's front yazd area as proposed will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The subject parcel is curvilineaz in shape for most if its boundary adjacent to Goldsmith's Inlet. It is approximately 3 times larger than the 3 largest parcels directly opposite it on Mill Road and is approximately 8 to 10 times larger than the remaining parcels in this neighborhood. The frontage along Mill Road is heavily planted with high hedgerow. No deer fencing is being proposed along this property line. The dwelling is set back 118 feet from the front property line, where the code permits a minimum of 60 feet, thus creating an atypically large front yard area. The northerly side of the parcel's front yard area is adjacent to County of Suffolk lands which are not developed. The northerly proposed location of deer fencing is approximately 80 feet from the northern property line and will be located on an approximately 20 foot high hill where it will be virtually invisible from the street and adjoining properties. Grant of a variance to install an 8 foot high deer fence in the southerly side of the parcel's front yard area as proposed will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The southerly side of the parcel's front yard is adjacent to an improved residential parcel, and although the applicant currently owns that pazcel, it could feasibly be sold to someone else in the future. Therefore, granting of the requested variance in this location will create an uncharacteristic precedent. Grant of alternative relief for 8 foot high deer fencing along the southerly property line in the front yard area of the subject lot, at a minimum 60 foot setback to the property line along Mill Road and, as proposed, at 30 feet from the southerly side property line, will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties..A 60 foot setback from the easterly property line along Mill Road conforms to the code required minimum front yard setback for principal structures on lots the size of the subject parcel. 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. The code does not permit deer fencing in a front yard. However, the benefit sought by the applicant for deer fencing in a portion of the front yard area along the southerly property line can be achieved by some method, feasible for the applicant to pursue, other than an azea variance The applicant has installed a tall densely planted hedging along the front property line at Mill Road, to which the applicant applies a deer repellant that deters deer from accessing the subject parcel through this hedging. The applicant could install a similaz tall hedging in along the southerly property line in the area of the front yard where an 8 foot deer fence is denied per the alternative relief granted herein. 3. Town Law &267-b(3)(b)(3I. The variance granted herein is mathematically substantial, representing 100% relief from the code. However, the proposed fencing in the northerly section of the front yard will not be seen from Mill Road and not affect the vacant lands of the County of Suffolk. The variance granted for alternative relief for the deer fencing on the southerly side will be at a greater front yard setback than the dwelling on the adjacent parcel and is proposed at approximately 30 feet from the adjoining property line, and will be in an existing low wooded area behind tall hedges that will render it virtually invisible. Page 3 of 4 -August 22, 2013 ZBAg6669 -Switzer SCTMH1000-67-S1 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. The applicant testified that he will be able to use less tick killing chemicals once the proposed deer fencing is installed, which would greatly reduce runoff of pollutants into Goldsmith's Inlet. 5. Town Law &267-b(3)(b)(5). The difficulty has been self-created since it is the applicants desire to install deer fencing where the code does not permit it. 6. Town Law &267-b. Grant of requested relief for deer fencing proposed in the northerly front yazd and Grant of alternative relief for deer fencing in the southerly front yard is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of deer fencing in anon-conforming location, while preserving and protecting the character of the neighborhood and the health, safety and welfaze 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 Schneider, seconded by Member Weisman (Chairperson), and duly carried, to GRANT a variance for an 8 foot high deer fencing in the northerly front yard area as applied for, and as shown on the survey/site plan by Stanley J. Isakson Jr., L.S., dated 9/6/2006. Denv, the variance as applied for an 8 foot deer fence in the southerly front yard area and Grant Alternative Relief, for an 8 foot high deer fence in the southerly front yard area to be installed no closer than 60 feet to the front property line at MiII Road and no closer than 30 feet to the adjoining property to the south. CONDITIONS: 1. The 8 foot high deer fencing in the southerly front yard area shall be set back a minimum of 60 feet from the front property line at Mill Road and set back no closer than 30 feet to the adjoining property to the south of the adjoining property described as SCTM # 1000-67-OS-02. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Belore app[yinp for a buildinE permit, the applicant or agent must submit to the Board ojAppeals for approval and fding, two sets ojthe final survey conforming to the alternative reliejgranted herein. The ZBA will forward one set ojapproved, stamped drawings to the Building Department. Failure to follow this procedure may result in the delay or denial oja building permit, and may require a new application and public hearing before the Zoning Board ojAppeals. 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 ojthe subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design Iha! is de minimis in nature far an alteration that does no[ increase the degree of nonconformity. ` Page 4 of 4 -Augus[ 22, 2013 ZBA#6669 -Switzer SCTM#1000-67-5-I Vote oj[he Board: Ayes: Members Weisman (Chairperson), Goehringer, Schneider, Dantes, Horning This Resolution was duly adopted (5-0). _ Leslie Kanes Weisman Chairperson Approved for filing ~ 6?6 /2013