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Home My WebLink About39778-Z(THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit #: 39778 Date: 5/18/2015 Permission is hereby granted to: Zahler, Kenneth & Zahler, Joann PO BOX 754 Cutchoaue. NY 11935 To: Installation of a deer fence as per ZBA approval. At premises located at: 63735 CR 48, Greenport SCTM # 473889 Sec/Block/Lot # 40.-1-20.2 Pursuant to application dated To expire on Fees: 5/17/2016. 5/11/2015 and approved by the Building Inspector. DEER FENCE $75.00 Total: $75.00 Building Inspector TOWN OF SOUTHOLD �gUFFO�,rcy BUILDING DEPARTMENT s TOWN CLERK'S OFFICE VP • 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) Permit #: 39778 Date: 5/18/2015 Permission is hereby granted to: Zahler, Kenneth & Zahler, Joann PO BOX 754 Cutchoaue. NY 11935 To: Installation of a deer fence as per ZBA approval. At premises located at: 63735 CR 48, Greenport SCTM # 473889 Sec/Block/Lot # 40.-1-20.2 Pursuant to application dated To expire on Fees: 5/17/2016. 5/11/2015 and approved by the Building Inspector. DEER FENCE $75.00 Total: $75.00 Building Inspector TOWN OF SOUTHOLD BUILDING PERMIT APPLICATION CHECKLIST BUILDING DEPARTMENT Do you have or need the following, before applying? TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 South oldTown.NorthFork.net PERMIT NO. Examined Approved Disapproved a/c Expiration 20 INSTRUCTIONS Board of Health 4 sets of Building Plans Planning Board approval Survey Check Septic Form N.Y.S.D.E.C. Trustees C.O. Application Flood Permit Single & Separate Storm -Water Assessment Form Phone: 7q `/0 -! L— �ro i J �G 20 `---w: T -his -application M-L-LS-T--be_cdmpletely 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 iii'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 property 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, 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 i Name of owner of premises (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. IMit%M. , Number County Tax Map No. 1000 Section will be done: V 67 et Block Lot O Subdivision Filed Map No. Lot 2. State existing use and, occupancy of premis s and intended use and occupancy of proposed constr ction: t a. Existing use and occupancy ��'C� � 1 _0�' c– G li b. Intended use and occupancy GGA �--- 3. Nature of work (check which applicable): New Building Addition Alteration Repair Removal Demolition Other Work (Description) 4. Estimated Cost ��,� eq 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 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 _2-tf2` 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 NQ NWill excess fill be removed from premises? YES 14. Names of Owner of premises Address; Phone No. Name of Architect t . Address .Phone No Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of'a tidal wetland ora 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. Rear ►• � 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 Y ) S�COUNTY O /% being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, ,p� (S)He is the C' "_/ (Contractor, Agent, 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. Sworn to before me t is day of CQ1V� 20 Notary Public CONN ®• BUNCH Sii—natufrof Applicant Notary Public, State of New York No. 01 BU6185050 QuaWied in Suffolk county Commission Expires April 14, 20LIL NOTICE OF DISAPPROVAL DATE: January 5, 2015 TO: Kenneth Zahler 63735 Rt. 48 Greenport, NY 11944 Please take notice that your application dated December 17, 2014 For a permit for a deer fence in the front yard at Location of property: 63735 Rt. 48, Greenport, NY County Tax Map No. 1000 - Section 40 Block 1 Lot 20.2 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 !my property. Authorized Signature ✓,1 BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer _George Horning Kenneth Schneider http://southoldtown.northfork.net ZONING BOARD OF TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Tel. (631) 765-1809 • Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETE] MEETING OF APRIL 16, 2015 APR 2 4 2015 k ��lpr rPT ZBA FILE 6851 NAME OF APPLICANT: Kenneth and Joann Zahler SCTM#1000-40-1-20.2 PROPERTY LOCATION: 63735 County Route 48 (aka North Road) (adj. to Long Island Sound) Greenport SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type I1 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 March 11, 2015 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 Standards. The LWRP Coordinator issued a recommendation dated March 24, 2015. 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: Premises is improved by a new two story home under construction. The, parcel is 2.72 acres, located in a R80 Zone District. The premises has 150.29 feet on L.I. Sound to the north west, 919.05 feet westerly side, 976.71 feet on the northeasterly side and 127.63 feet on southerly side on CR 48. The home is accessed via a shared driveway by the applicant and the owners to the west and the easterly side of the subject property, each of which have separate rights of way branching off of the shared driveway access, all shown on a survey produced by Nathan T. Corwin, III, LS, dated September 5, 2015 last revised July 16, 2014. BASIS OF APPLICATION: Request for Variance from Article XXII Section 280-105C3 the Building Inspector's January 5, 2015 Notice of Disapproval based on an application for building permit to construct a deer fence, at; 1) deer fence proposed in location other than side and rear yard. RELIEF REQUESTED: The applicant requests a variance to construct an 8 foot high deer fence in the front yard where the code allows side and rear yard locations only with a permit obtained from the Building Department. AMENDED APPLICATION: During the hearing, the applicant was asked to bring the plan into more conformity with the code. At the hearing, the applicant was asked to reduce the amount of deer fencing that was proposed in the front yard area and to increase the setback from CR48. The applicant was asked to set the fencing closer to his Page 2 of 3 — April 16, 2015 ZBA#6851— Zahler SCTM# 1000-40-1-20.2 dwelling thereby removing several hundred feet of proposed fencing in the area where both neighbors to the east and west enter and exit their respective parcels off of the shared ROW on the applicants' property. On April 7, 2015 the applicant submitted a letter and copy of a survey with a new plan reducing the perimeter of the proposed deer fencing. The proposed new plan submitted, is increasing the setback of the fencing to approximately 400 feet +/- inland from C.R. 48, however still in the front yard. By increasing the distance of the deer fencing, there will be less visual impact from the County Road. ADDITIONAL INFORMATION: There are prior variance applications on this property under a prior owner and none were acted on. FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on April 2, 2015 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 4267-b(3)(b)(U . Grant of the variance as amended will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed deer fence will be located approximately 400 feet from a public road (CR 48). Safe access to the two adjoining parcels will NOT be affected by the fence location as amended. The applicant proposes to install evergreens and additional landscaping along the fencing to further screen the fence from public view off CR 48. The deer fencing as proposed in the amended application is setback sufficiently to reduce any visual impact from the adjacent neighbor's front yard. 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 applicant cannot erect deer fencing anywhere on his property that is in a front yard location, regardless of the proposed front yard setback, without variance relief. 3. Town Law 4267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 100% relief from the code. However, the substantiality is mitigated in the amended application by reducing. the amount (depth) of deer fencing in the front yard, increasing the setback from a public road, and installing landscaping that will visually screen the deer fencing in the front yard from CR48 and the adjoining properties 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 proposed deer fencing, as amended, will have virtually no visual impact on the adjoining properties or CR 48, a public road. Safe ingress or egress to dwellings owned by the applicant and the adjoining property owners will not be adversely affected by the location of deer fencing in a front yard, as amended. Access to the 3 electric meters on the applicant's property that service his own and the two adjoining parcels will remain on the outside of the fencing, as shown in the amended survey/application, leaving it available for meter reading. 5. Town Law 4267-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 §267-b. Grant of the requested relief as amended is the minimum action necessary and adequate to enable the applicants' to enjoy the benefit of deer fencing in part of the front yard area 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 Goehringer, seconded by Member Weisman (Chairperson), and duly carried, to r Page 3 of 3 —April 16, 2015 ZBA#6851—Zahler SCTM# 1000-40-1-20.2 DENY, the variance as applied for, and shown on the Survey with the fence hand drawn prepared by Nathan T. Corwin III, LS, dated September 5, 2015 last revised July 16, 2014, and GRANT the variance relief as Amended as shown on the survey date stamped received on April 7, 2015 by the Zoning Board of Appeals showing the proposed deer fence at 400 +/- feet from CR 48 and the applicant's letter dated April 7, 2015. Subject to the following condition: CONDITION: 1. The applicant must submit a final survey to the Board of Appeals showing all improvements on the parcel, including all deer fencing, as granted herein and described above 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 Department of a building permit, 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, 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 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: Ayes: Members Weisman (Chairperson), Horning, Dante, Goehringer. Absent was Member Schneider. This Resolution was duly ,pted (4-0). Leslie Kanes Weisman, Chairperson Approved for filing /� /_')�. /2015 �Tld ,,I<<r f�►cc '`' r• �`a`iiY'Lio CFS A - TITST HOLE U/1 TA SURVEY OF (@I' OTT'!ERS h'b�'EU9E+% 7. 21.:00) LOT 2 D' , five. �vnRN LUN MAP Or PROPERTY , (dK•av CIA 11 S0G ---'-' - a4n IGrb ffJVLL ANTHONY & SALLY PI1989 FILE No. 8756 FILED JANUARY 7, 1989 aut 6:±cN„ ms nvD SITUATE GREENPORT TOWN OF SOUTHOLD ftq SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-40-01-20,2 `\ �9 SCALE 1"=40' 4L p�.A �N® I\a/ \ - -AY 22: 281{ F'OUN1}tfIQN LOCATION YI.Y 18.AOR'kc,v4v DRNtWA 0� AREA o 118,485 11. 2.720 aG. '`' r• �`a`iiY'Lio CFS A - TITST HOLE U/1 TA SURVEY OF (@I' OTT'!ERS h'b�'EU9E+% 7. 21.:00) LOT 2 D' , five. �vnRN LUN MAP Or PROPERTY , (dK•av CIA 11 S0G ---'-' - a4n IGrb ffJVLL ANTHONY & SALLY PI1989 FILE No. 8756 FILED JANUARY 7, 1989 aut 6:±cN„ ms nvD SITUATE GREENPORT TOWN OF SOUTHOLD ftq SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-40-01-20,2 `\ �9 SCALE 1"=40' SEPTEMBER 5, 2013 p�.A �N® I\a/ \ - -AY 22: 281{ F'OUN1}tfIQN LOCATION YI.Y 18.AOR'kc,v4v DRNtWA 0� AREA o 118,485 11. 2.720 aG. CxP.TIMR ro: ABSTRACTS INCORPORATED TYPICAL STORMWATER UNIT FIRST AMERICAN TITLE INSURANCE COMPANY (TOP% 12 K tl• 11r,, HIP G11 KENNETH 9. ZAHLER NOT TO SCALE) JOANN ZAHLER '`' r• �`a`iiY'Lio CFS A - TITST HOLE U/1 TA (@I' OTT'!ERS h'b�'EU9E+% 7. 21.:00) D' , five. �vnRN LUN , (dK•av CIA 11 S0G ---'-' - a4n IGrb ffJVLL aut 6:±cN„ ms nvD OH4lA;IFS.51'S2E7(1-0LL5'L9IILLYS. WCf AtZA: ),fiOD w. N. s.6sR >•1. D. R a,7 . dta6R ... o. a70..aa .u, n. / d].} .,w•,bal I+..r e• db, l.wed.y pad nM•.d PepYG[ (t) D' dw. N .0 e' uaN 91M, DauN Pea9 p00PDSCD B' DLL . e' DL[P nRfYlLL2 10a W0, �,1N.pr ARC [MOBN rNid: ' --1 MIA n I ho Jp Z r., l 0 .a. n. / d},P a D .-O n..l M dia. 1—ftpvm -4PPOVG[ O' WN (1) 0.' ala. } Si0@r OANR POOL MRN TR[NCN tNWN O .y 'At. I: 7.000 w r!. ' '4, W 0."0 Al !' MGC . J.t00 q. 11. I.— Al.W —C, � 1.600 ay. A. TYPICAL STORMWATER UNIT IDTLL _ N,0.CG a0. I,. (TOP% 12 K tl• 11r,, HIP G11 lt.q.pt [Ar'K1'T N .• R'Or a .• ORP [P[llC,l WAs AT ROS AOLW(. D.A a+ n. rtA ORCM rt. NOT TO SCALE) 0.16 ..,rv. ,i. a ,10 lndM atl N RCe♦`11 DPAtV N[CO[0 IRMG[ (,) 0' d'a Y 0' hlph S1MY 00..1. 1042 MRN TREWN UIN NOTES: 1. ELEVATIONS ARE REFERENCED TDN.G.V.D. 1929 DATUM EXISTING ELEVATIONS ARE Sm OWN THUS:JU EXISTING CONTOUR LINES ARE SHOWN THUS: ---------sJ------- rn. - rlasr in- . DNw:r e:Dcl. T:a. - TDP w [GuclaaD As. - mrtda D� uua,cai 2. REFER TO FILED MAP FOR TEST HOLE DATA. 3. MINIMUM SEPTIC TANK CAPACITIES FOR 4 BEDROOM HOUSE IS 1.200 GALLONS. 1 TANK: 8' DIA. 4' DEEP 4. MINIMUM LEACHING SYSTEM FOR 4 BEDROOM HOUSE IS 300 sq It SIDEWALL AREA. 1 POOL: 12 12 DEEP. B' dia. � �sY PROPOSED EXPANSION POOL (D PROPOSED LEACHING POOL (!) PROPOSED SEPTIC TANK 5. THE LOCATION OF WELLS AND CESSPOOLS SHOWN HEREON ARE FROM FIELD OBSERVATIONS AND/OR DATA OBTAINED FROM OTHERS. � %g 2ll� �GC2TJ�.egC 6Y �Qf a• •, D"'aD a l c ,vim 0. J, Bldg Dept copy from ZBA Final reviewed document] ZBA Fie # l Date: / LnuRM'nU[0 ur+Mvmv a+ uaruv sitna, �a6T nr,cut.1'sl.0 [DiICVdri w. falls o• �.w aLRaix uu Rrn et c K Oen [4L 9vAt ttu2T4n`. rtx[P SVA W Dleoss[a ,4t 0[ DeaOgW O 4 A'.YG rnLC CTDr tttnp•(p1[a6 wwcD ,c.tw soc[ .y, n LpNND. mmL i� Ptr m sl¢.t, TIL[ COl4Dtrv, CgtNM1QM4 AECM;Y MG M"14 .GRRRl1a nif[D nU AD " ' .W. 6 L-nr4I13 ED IN[ OlRI[N0C or .- R 01 MAYS ANO/D0. [AS[atatS CI AM" INT, N01 SNOAt. ME Nor 4WRLITLtO. Nathan Taft Corwin III Land Surveyor Su_ceaw To: SFa"', J. IS01- Y. LS. Jrot;A A.1•:010ro L5. TNI: sxlryv .. 4a+diHuana - s1i! PJ— - Oanaea:lrL1, eon 1 PHONE (631)727-2090 Fut ;61;7)7-1727 AFIXY. LDGATW Ai I598 Rhin Roof RD. Aas 16 Jaen .t. 6i1 Yak Ll Javrmn. Kr. Yark 11947