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Home My WebLink About39441-ZPermit #: 39441 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE 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) Permission is hereby granted to: Roman, Mary & Strauss Audrey 2002 Fam Trust. 160 E 3rd St Apt 2.1 New York. NY 10009 To: construct a deer fence in the required rear yard per Town Code At premises located at: 740 Poquatuck Ln SCTM # 473889 Sec/Block/Lot # 27.-3-4.5 Date: 12/23/2014 Pursuant to application dated 12/23/2014 and approved by the Building Inspector. To expire on 12/23/2015. Fees: DEER FENCE Total: Building Inspector $75.00 $75.00 Permit #: 39441 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE 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) Permission is hereby granted to: Roman, Mary & Strauss Audrey 2002 Fam Trust 160 E 3rd St Apt 2J New York, NY 10009 Date: 12/23/2014 To: construct a deer fence as applied for per ZBA #6838, dated 4/16/2015. At premises located at: 740 Poauatuck Ln. Orient SCTM # 473889 Sec/Block/Lot # 27.-3-4.5 Pursuant to application dated 12/23/2014 and approved by the Building Inspector. To expire on Fees: 12/23/2015. DEER FENCE $75.00 Total: $75.00 Building Inspector TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown.NorthFork.net Examined , 20 Approved , 20 Disapproved Expiration _C 1� DEC 1 1 2014 BLDG. DEPT. TOWN OF SOUTHOLD PERMIT NO. BUILDING PERMIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Suryey Check Septic Form N.Y.S.D.E.C. Trustees Flood Permit Storm -Water Assessment Form Contact: Mail to: Phone: Building Inspector 'ATION FOR BUILDING PERMIT INSTRUCTIONS Date /a 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 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 propprty 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, housin c de, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. / ignature of applicant or name, if a corporation) Mal,� 4600d (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises gorn qcj> . / (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: 1a House Number ' . Street County Tax Map No. 1.000 Section a'-7 Subdivision Hamlet BlocC`�;;°"Logit Filed, -WA _...'� .;,.. - eg: r ,..�.. � d ., .. , • , �'; Lot 2. State existing use and occupancy of premises and a. Existing use and occupancy MO U5 of proposed construction: b. Intended use and occupancy 3. Nature of work (check which applicable): New Building Addition K ration Repair Removal Demolition Other Work 4. Estimated Cost 5. Fee (Description) (To be paid on filing this application) 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 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 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) 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 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. to before me day of C _ 20 otary ublicNuq.Pubft, State of Now York Signature of Applicant Ne.X11PE6130636 Qualified•lRSuffolk.Co .Commisgiorr Expires July 1 FORM NO. 3 NOTICE OF DISAPPROVAL DATE: December 23, 2014 TO: Patricia Moore for M Roman 51020 Main Rd. Southold, NY 11971 Please take notice that your application dated December 11, 2014 For a permit for a deer fence in the front yard at Location of property: 740 Poquatuck La., Orient, NY County Tax Map No. 1000 - Section 27 Block 3 Lot 4,5 Is returned herewith and disapproved on the following grounds: The proposed front yard deer fence is not permitted pursuant to Article III, 280-105 which states - II -C-3. Deer fencing is prohibited in or along the front yard of any property. Authorized Signature BOARD,tiItBERS Leslie Kanes Weisman, Chairperson Eric b'.iii tw Gerard P.�QoVkri>rtger George Horning Kenneth Schneider http://southoldtown.northfork.net Southold Town Hall 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 UfFiaeL:dratiiont Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINA MEETING OF APRIL 16, 2015 ZBA FILE: 6838 NAME OF APPLICANT! Mary Roman and Ellen Birenbaum PROPERTY LOCATION: 740 Poquatuck Lane, Orient, NY SCTM#1000-27-3-4.5 b) Cr, ( r, q �[` APR 302015 SEOR_A.DETERMINATIO.N: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type 11 category of the State's List of Actions, without further steps under SEQRA LWRP DE3'ltll<s1'F�IiNATION; 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. PROPER-T_Y--FACTS/DESCRIPTION;- The subject property is improved with a two story dwelling with attached porch and carport. It also has an accessory in -ground swimming pool. It has 271.32 feet along a private right of way, 818.18 feet along the eastern property line, 275.71 feet along the southern property line and 740.17 feet along the western property line as shown on the survey dated 06-05-98, last revised 06-27-02, prepared by John C. Ehlers, LS. BASIS OF APTL-ICATION: Request for Variance from Article XXII Section 280-105C the Building Inspector's December 23, 2014 Notice 'of Disapproval based on an application for building permit to construct 8 foot high deer fence, at; 1) 8' deer fence proposed in location other than side and rear yard. -RELIEFEOUESTED: The applicant requests a variance to install deer fencing in the front yard where the code permits side and rear yard locations only. ADDITIONAL INFORMATION: A letter objecting to the variance request was received from a neighbor expressing concerns about access for emergency equipment via the existing 50 foot R.O.W. Another letter from a neighbor was received supporting the application. A letter was also received from the Orient Fire Department requesting that the Zoning Board ensure that all access, for emergency vehicles not be impeded or hampered by the deer fence and that the Town Code required 15'X15' clearance would not be violated, if approved. The subject property is one of four lots of approximately 5 acres in size accessed by an easement across the properties to create a common 50 foot wide R.O.W. with an improved road approximately 12 feet in width. FINDINGS OF FACT/_ REASONS -FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on March 19, 2015 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property page 2 of 3 —April 16, 2015 ZBA#6838 — Roman/Birenbaum SCTM4I000-27-34,5 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 variance with the setback as conditioned herein will notl�rorliice an undesirable changii e 'the character of the neighborhood or a detriment to nearby properties.. This property is located on a private right of way. It is the third of four improved properties that use this right of way. The subject lot is approximately '/ mile from King Street and the existing home has a front yard setback of 153 feet from the northern (front yard) property line. The parcel is 5 acres in size and the other properties that use the R.O.W. are similar in size. The subject property is not visible from the public road and there are existing trees that screen the property from view from neighboring properties. 2. Town: Law 6267-b(3)(b)(2).:The benefit sought by the applicant cannot be achieved by some methvO, feasible for the applicant to pursue, other than an area variance. The zoriing ordinance does not permit deer fencing in a front yard without variance relief. 3. .Town Law .6267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 100% relief from the code. However, locating the proposed deer fence 60 feet from the northerly pxc)periy line, as conditioned herein, will meet the code required front yard setback for a principal structure (dwelling) and will mifigate any potential adverse impacts on access for emergency equipment to. the 4 lots that use Clip R.O.W. Additionally, there are many mature. trees along the front property line and the southerly side of the right of way that will screen the deer fence from view by neighboring properties, including the adjoining properties to the north of the right of way whose back yards are adjacent to the R.O.W. 4. Town Law . &267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community, as conditioned; will have an adverse impact on the physical or environmental : c*itf4 in the neighborhood. The property'is large and uniquely situated along a private R.O.W. that is not visible from the public street and the front yard setback for proposed deer fencing, as conditioned herein, meets the code required front yard setback for a principal use. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5.. Town Law 6267-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 8267-b. Grant of is the minimum action necessary to enable the applicant to enjoy the benefit of a deer fence ii the front yard 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 h3 ,Member Horning, and duly carried, to GRANT the variance requested for deer fencing in the front yard, subject to the following conditions; CONDITIONS: 1. The proposed deer fence shall be setback no less than 60 feet from the northerly (front yard) property line. 2. The fence shall be constructed per Southold Town Code. 3.7he applicant shall submit a survey showing the location of the deer fence in the front yard as condil' obd herein That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued; J Page 3 of 3 — April 16, 2015 ZBA#6838 — Roman/Birenbaum SCTM#1000-27-34.5 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 newpjo##a bn 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 �opdfor.-survey cited above, such as alterations, extensions, or demolitions, are not authorized under thls , a/a}rIleiiiion 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. 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: A: es: Members Weisman (Chairperson), Horning, Dante. Nays.. Member Goehringer. Absent was Member Schn ' er. This;Rt* iition was duly adopted (3-1). < Leslie Karies'Weisman Chairperson Approved for filing F/q/ /2015 5URY OF LOT #5 1f MINOR 5UE3DI\VI5ION: O O� day Go my rm "KIN65 BAY PARFILED I/qITH UTNER5 THOLD N SUbdivi5�00, t� 5uff��k t -IOq� ON AUG. 30, Ig88 F.O. � O n,)oe 1 SITUATE: ORIENT C l0 Gif1GF% 9 111e m32 ` TOWN OF SOUTHOLD ��® �e� ®® .e /) SUFFOLK COUNTY, NY e SURVEYED: 06-05-G8, FOUND. LOG. 06-25-01 y d GERT ADDED 01-05-01 PROP. POOL Og-21-01 mon. FINAL 06-27-02 3.0 to'? SUFFOLK COUNTY TAX # - 1000-2-1-3-4.5 -- CERTIFIED TO: MARY ROMAN ELLEN BIRENBAUM GOMMONWEALTH LAND TITLE INSURANCE COMPANY ^ f < It q fit I t ` ', if NOTES: Al \ �I 1 1 STAKE FOUND NQ l� ■ MONUMENT FOUND \ qO `\ 0 PIPE FOUND a. °tt m°y0t�y p d m HEDGE AREA = 211,183 SF OR 5.0 ACRES ELEVATIONS ARE FROM FILED MAP FE �\ REFERENCE DEED: L 8683 P 341 \Ol 3 1 � C \+ _ n N �3A Q3° -Q)_ _ �..y • _ _ -- - - �. t o� -unauthorli:ed alteration or addition t0 a vey map bearing a licensed lana s veypr's .ealuls a i Dlatf on of section 7209, 'ubrdi,l,i,n 2. of the New York State Education Law.' "only 'Dole' Ir— the urlglnal .1 this s vey marked with an arlglnal Df fhe ]and 'u":*' veyor's stooped seal shall ae can. .red to aerva 110 [rue copies -Lert3f Ycetia.. indicated hereon signify that this S d,Y2y wag prape''ed in IcCardance with [Ila a%- lstfng Code of Practice for Lana Surveys atlppted by the New York State Association of Professional Land Surveyor.. Safd ce rt 11111tl Dns shall run only to the par 9an fOr whom the our_, 19 prepared. and on his behalf to the title company. governmen- tal agency dna Is institution llstetl hereon, end to the a.. ignees pt the lending 1ns[1 [u[1on. Cartlflca- tfons are not trans lerable to add l Gfonal 'ns ti tutlans. 56 0 JOHN f-1 . EHLEjx0 L�T� 13 U m v E�®]EN ®� ® 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 �`� o r m er 1y 01, RIVERHEAD, N.Y. 11901or � 369-8288 Fax 369-8287 on6 now 5 1�anley LNGh° a'ne Man1ey GRAPHIC SCALE I"= 60' REF: \\Hp server\d\PR0S\9B-1B9SFNL. pro Ilya view 1=arra Map o� y County 5vbdiv15ion the 5uv-fo ik - 45 roop �fIGP °'� G1erk 5 a �C�* 1001e- 211. "A Ai'�!! 1 10 -- i m R14 44 1 t I I 1 1 t -Unauthorized; teratlon or atldition to a survey mea bearing a Ilcensed Jano'surveypr' s Beal luIs a violation of ...tion 7209• sub-" .I.n 2, 01 the NEW York State Education Law.' 'Only copies from the original.1 this survey -1"' with an origin" of the lana Surveyor's s[ampe0 seal shall be Considered 10 be valid true copies• 'CertI11CatlonsInPIc.tld hereon signify that this survey wag prepared in BCcOrdan,a with theeX- 15tIng Code of. Practice for Land Surveys. adopted by the New York State Association of Professional Land Surveyors. Said Certifications Shall run only to the person for wham the survey 11 prepared• and on his behalf to the title Company. g.,ernmen- talagency and 11"01,, 1n9t l tutlon ]lsted hereon, and to the assignees of the 1:1d t. institution. Cartlfi.a- tipns are not transferable to additional institutions ;z•,2 me ,. 'n. Ftp 100 N \ > pt\0 apt�y P �ta\n9 P vo r G /r C l° r f e, -J( • o' fCaf r u� �01501,4120 1,4' O" -a1 N O JOHN O. EHLERS LAND SURVEYOR ® p 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Pax 369-8287 GRAPHIC SCALE 1"= 60' 5URVEY OF LOT #5 MINOR 5UBDIV1510N: "KINC-75 BABY PARTNER5" FILED WITH 5OUTHOLD TOWN ON AUG. 30, IG88 51 TUATE: ORIENT TOWN OF 5OUTHOLD SUFFOLK COUNTY, NY SURVEYED: 06-05-G8, FOUND. LOG. 06-25-01 GERT ADDED 07-05-01 PROP. POOL OG -21-0I FINAL 06-27-02 SUFFOLK COUNTY TAX # 1000-27-3-4.5 CERTIFIED TO: MARY ROMAN ELLEN BIREN13AUM COMMONWEALTH LAND TITLE IN5URANGE COMPANY A STAKE FOUND ■ MONUMENT FOUND O PIPE FOUND Cllm=.' HEDGE AREA = 217,783 SF OR 5.0 ACRES ELEVATIONS ARE FROM FILED MAP REFERENCE DEED: L 6683 P 341 \0 A212�O It VA -3 ri °V r f °rme nManic ey NGhoia5 hci5uno Ma REF: \\Hp server\d\PR0S\98-189SFNL. pro \0Gont '/ parm,l °� I1�o,yvieW G n tvi5io ovn y 5U�folk - �Ubd. � _I04-5 l �-=ilea p a5 mop G1erk15 of ire 011F.310 �1 b 5URVEY OF LOT #3 MINOR 5UBDIV1510M: "KINC75 BAY PARTNERV FILED WITH SOUTHOLD TOWN ON AUG. 30, IG88 SITUATE: ORIENT TOWN OF SOUTHOLD SUFFOLK COUNTY, NY SURVEYED: 06-05—G8; FOUND. LOG. 06-25-0I CERT ADDED 01-05-01 PROP. POOL —01 F NAL 06-27- 02 1 5.0 50 9,101 ;. ;A 1 Wµ.r-`'c r I-t:rl S u 1 , -unauthorized sit ... it.. or edmtmn to a s vey map bear... a llcehsed lands v I—s seelufe a violation of sectl- 72CS. subrdlvls.on 2. of the New York State Education Law.- . "' aw,•-nly c a.... trom the original al this survey marked with an or191Pa1 of the land surveyors etamped seal shall be considered to be valla true eepiea 'Cert. !'cellons thdipetetl n....n sightly 'net this 911ryey wdS prepar¢d Ih accordance wl to the ei; - Isting,Lode al. Pract ice for Lend Surveys adopt ed by the New York State Association of Profeaafonal Land Surveyors. Said certifications shall run only to the person for whom the survey 1s prepared, add on h1. behalf to the tltle company, governmen- tal agency and lending institution listed hereon, and to the assignees of the lantlln9 institution. Certifies-. Liens are not trahsterebl¢ to additional Institutions SUFFOLK COUNTY TAX # 1000 - 2-1 - 3 -'4.5 CERTIFIED TO: MARY ROMAN v ELLEN BIRENBAUM GOMMONWEALTH LAND TITLE INSURANCE COMPANY NOTES: i.. Q STAKE FOUND ■ MONUMENT FOUND olio mo¢0KyP dd\ VA 0 JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 GRAPHIC SCALE I"= 60' O PIPE FOUND CT= HEDGE AREA = 21*7,783 SF OR 5.0 ACRES ELEVATIONS ARE FROM FILED MAP REFERENCE DEED: L G683 P 341 (0O� 5(01 032 meriiq 01: �. for fan Nnow ° onlay igh°1°5 MNianley Ghr 15t�ne REF: \\Hp server\d\PR0S\98-189SFNL.pro