HomeMy WebLinkAbout40526-Z ` Town of Southold 3/3/2017
.��. P.O.Box 1179
° 53095 Main Rd
A Southold,New York 11971
CERTIFICATE OF OCCUPANCY
No: 38855 Date: 3/3/2017
THIS CERTIFIES that the building IN GROUND POOL
Location of-Property: 63735 CR 48, Greenport
SCTM#: 473889 Sec/Block/Lot: 40.4-20.2
Subdivision: Filed Map No. Lot No.
conforms substantially to the Application for Building Permit heretofore filed in this office dated
3/10/2016 pursuant to which Building Permit No. 40526 dated 3/15/2016
was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for
which this certificate is issued is:
accessory in ground swimming pool with fence to code as applied for per ZBA#6851 dated 4/16/2015 and ZBA#7011
dated 2/16/2017.
The certificate is issued to Zahler,Kenneth&Joann
of the aforesaid building.
SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL
ELECTRICAL CERTIFICATE NO. 40526 7/7/2016
PLUMBERS CERTIFICATION DATED
UUOrazed Signature
gaFFn��.c TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
oy o� 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#: 40526 Date: 3/15/2016
Permission is,hereby granted to:
Zahler, Kenneth
PO BOX 754
Cutchogue, NY 11935
To: construct an in-ground swimming pool as applied for.
At premises located at:
63735 CR 48, Greenport
SCTM # 473889
Sec/Block/Lot# 40.-1-20.2
Pursuant to application dated 3/10/2016 and approved by the Building Inspector.
To expire on 9/14/2017.
Fees:
SWIMMING POOLS -IN-GROUND WITH FENCE ENCLOSURE $250.00
CO - SWIMMING POOL $50.00
Total: $300.00
.0
Building Inspector
Form No.6
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN HALL
765-1802
APPLICATION FOR CERTIFICATE OF OCCUPANCY
This application must be filled in by typewriter or ink and submitted to the Building Department with the following:
A. For new building or new use:
1. Final survey of property with accurate location of all buildings, property lines, streets, and unusual natural or
topographic features.
2. Final Approval from Health Dept. of water supply and sewerage-disposal(S-9 form).
3. Approval of electrical installation from Board of Fire Underwriters.
4. Sworn statement from plumber certifying that the solder used in system contains less than 2/10 of 1% lead.
5. Commercial building, industrial building, multiple residences and similar buildings and installations, a certificate
of Code Compliance from architect or engineer responsible for the building.
6. Submit Planning Board Approval of completed site plan requirements.
B. For existing buildings (prior to April 9, 1957) non-conforming uses,or buildings and "pre-existing" land uses:
1. Accurate survey of property showing all property lines, streets, building and unusual natural or topographic
features.
2. A properly completed application and consent to inspect signed by the applicant. If a Certificate of Occupancy is
denied,the Building Inspector shall state the reasons therefor in writing to the applicant.
C. Fees
1. Certificate of Occupancy-New dwelling$50.00, Additions to dwelling$50.00,Alterations to dwelling$50.00,
Swimming pool $50.00, Accessory building $50.00,Additions to accessory building$50.00,Businesses $50.00.
2. Certificate of Occupancy on Pre-existing Building- $100.00
3. Copy of Certificate of Occupancy - $.25
4. Updated Certificate of Occupancy - $50.00
5. Temporary Certificate of Occupancy-Residential $15.00, Commercial $15.00
Date.
New Construction: Old or Pre-existing Building: (check one)
Location of Property: 4iZ Mg-- � i�9v27
House No. Street Hamlet
Owner or Owners of Property: ,t11�7UN�7/� 2/.-1►Lc-1Z
Suffolk County Tax Map No 1000, Section 42) Block &I Lot ao, Z
Subdivision / Filed Map. Lot:
Permit No. 5a- 1° Date of Permit. Applicant:
Health Dept. Approval: Underwriters Approval:
Planning Board Approval: /
Request for: Temporary Certificate Final Certificate: y/ (check one)
60
Fee Submitted:
pp can gi ure
pE SOU��®lo
Town Hall Annex Telephone(631)765-1802
54375 Main Road Fax(631)765-9502
P.O.Box 1179 CA roger.riche rtCa-town.southold.ny.us
Southold,NY J 1971-0959 Q
BUILDING DEPARTMENT
TOWN OF SOUTHOLD
CERTIFICATE OF ELECTRICIAL COMPLIANCE
SITE LOCATION
Issued To: Kenneth Zahler
Address: 63735 CR 48 City: Greenport St: New York Zip: 11944
Building Permit#. 40526 Section: 40 Block: 1 Lot: 202
WAS EXAMINED AND FOUND TO BE IN COMPLIANCE WITH THE NATIONAL ELECTRIC CODE
Contractor: DBA: Elec Tec Inc. License No: 4814-ME
SITE DETAILS
Office Use Only
Residential X Indoor Basement Service Only
Commerical Outdoor X 1st Floor Pool X
New Renovation 2nd Floor Hot Tub
Addition Survey Attic Garage
INVENTORY
Service 1 ph Heat Duplec Recpt Ceiling Fixtures HID Fixtures
Service 3 ph Hot Water GFCI Recpt 1 Wall Fixtures Smoke Detectors
Main Panel A/C Condenser Single Recpt Recessed Fixtures CO Detectors
Sub Panel A/C Blower Range Recpt Fluorescent Fixture Pumps 2
Transformer Appliances Dryer Recpt Emergency Fixtures Time Clocks 2
Disconnect Switches 1 Twist Lock El Exit Fixtures TVSS
Other Equipment: Inground Swimming Pool to Include; Bonding, 1- Control Panel, 1- Gas Pool Heater
1-Salt Generator,3-GFCI Circuit Breakers.
Notes.
Inspector Signature: Date: July 7, 2016
z Electrical 81 Compliance Form.xls
rjf SO
0 -) eou
TOWN OF SOUTHOLD BUILDING DEPT.
765-1802
INSPECTION "'
] FOUNDATION IST ] ROUGH PLUMBING
FOUNDATION 2ND INSULATION
FRAMING / STRAPPING FINAL
FIREPLACE & CHIMNEY FIRE SAFETY INSPECTION
FIRE RESISTANT CONSTRUCTION FIRE RESISTANT PENETRATION
ELECTRICAL (ROUGH) r ELECTRICAL (FINAL)
CODE VIOLATION CAULKING
REMARKS:
014j4L
DATE
— INSPECTOR
qo �� SOF So(/j�,
�o� olo
�ycoUHi`l,N
TOWN OVSOUTHOLD BUILDING DEPT.-
765-1802
EPT.765-1802
INSPECTION
[ ] FOUNDATION 1 ST [ ] ROUGH PLUMBING
[ ] FOUNDATION 2ND [ ] INSULATION
[ ]
FRAMING / STRAPPING [ FINAL
[ ] FIREPLACE & CHIMNEY [ ] FIRE SAFETY INSPECTION
[ ] FIRE RESISTANT CONSTRUCTION [ ] FIRE RESISTANT PENETRATION _
[ ] ELECTRICAL (ROUGH) [ ] ELECTRICAL (FINAL)
[ ] CODE VIOLATION [ ] CAULKING
REMARKS:
g
DATE ®� D 9 / `
INSPECTOR
Oy ��OE SOUTyo
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TOWN OF SOUTHOLD BUILDING DEPT.
765-1802
INSPECTION
[ ] FOUNDATION 1ST [ ] ROUGH PLEIG.
[ ] FOUNDATION 2ND [ ] INSULATION
[ ] FRAMING / STRAPPING [VKFINAL
[ ] FIREPLACE & CHIMNEY [ ] FIRE SAFETY INSPECTION
[ ] FIRE RESISTANT CONSTRUCTION [ ] FIRE RESISTANT PENETRATION
[ ] ELECTRICAL (ROUGH) [ ] ELECTRICAL (FINAL)
REMARKS:
v I fgz� -Pat, W, �6�,
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DATE INSPECTOR
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INs.ULATION PEA N.Y.
STATE ENERGY • 1
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TOWN OF SOUTHOLD BUILDING PERMIT APPLICATION CHECKLIST
BUILDING DEPARTMENT Do you have or need the following,before applying?
TOWN HALL Board of Health
SOUTHOLD,NY 11971 4 sets of Building Plans
TEL: (631) 765-1802 Planning Board approval
FAX: (631) 765-9502 Suryey
SoutholdTown.No rthFork.net PERMIT NO. d"��� Check
Septic Form
N.Y.S.D.E.C.
Trustees
(ECIE � C.O.Application
v � Flood Permit .
Examined ,20 DSingle&Separate
. R
V ' 20tq Storm-Water Assessment Form
(57— ��[[ ir# Cotact:
Approved ,20SUMDINGD M Mail to: 0 J_l,►-7Lk�r?uj_S c.7�
Disapproved a/c
hone• ��5! 7���
Expiration ,20
C7,7J
Building nspect
APPLICATION FOR BUILDING PERMIT
Date_s:,-Z:2 , 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 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.
CtH17u! L717•
(Signature of applicant or name,if a corporation)
--;;ox 9, 11935-
(Mailing
/93s(Mailing address of applicant)
State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder
C',Qa_)712/l-r_7vZ
Name of owner of premises gey + -,cWy x,C 7,414-L_gZ
(As on the tax roll or latest deed)
If applicant is a cor or do , si nature of duly authorized officer
ame and title of corporate officer)
Builders License No. ��//o 7
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 yy Block D/
�-;;tit;-• r',' _ _, 't:}
Subdivision 9ZNAUL7/4 3, ZANL&-F_ Filed Map No. X7,5 Lot
2. State existing use and occupancy of premises and intended use and occupancy of proposed construction:
a. Existing use and occupancy J 6�u- z5e
b. Intended use and occupancy J_ sT r�ZSi� [, cyi7�� irv�'�iZo cn�Dy.�a.. r'a�
3. Nature of work(check which applicable):New Building Addition Alteration
Repair Removal Demolition er Wor ie� �cZv�.v� acv„y�,a.G, pcuL
(Description)
4. Estimated Cost
paid on filing this application)
5. If dwelling, number of dwellingunits Nu, -berr ffd 11 > li on each floor
If garage, number of cars rj ggng
6. If business, commercial or mixed occupancy, specify`'naf6refa6"nf'JRG t of each type of use.
7. Dimensions of existing structures, if any: Front ,�,3 Rear 3 Depth _55-
Height Zs Number of Stories 7
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 /Z 7. &3 Rear .45U• Z9 Depth l'yS
10. Date of Purchase Name of Former Owner
11. Zone or use district in which premises are situated �F5/�E��✓IC
12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO /'
13. Will lot be re-graded? YES X NO Will excess fill be removed from premises? YES NO
14.Names of Owner of premises 1(E-,u�-7N Address 1,3 73S T_.J Phone No. ;YI/ YZI
Name of Architect Address ev—rWP0 Phone No
Name of Contractor s'of s Lam. Address 7o 3ox 9 Phone No.
64-01Ci uc
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
( a�f individual signing contract)a ove named, , J
(S)He is the
(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 wil I be
performed in the manner set forth in the application filed therewith.
Sworn to before me thi
0 day o J20)
CA4Lt .y }�is Sig ure of Applicant
NOTARY PUBLIC-STATE OF NEW YORK
NO.01 HY6189695 /
QUALIFIED IN SUFFOLK COUNTY
COMMISSION EXPIRES 06/30/20
FORM NO. 3
NOTICE OF DISAPPROVAL
DATE: October 14, 2016
TO: Kenneth B. Zahler
63735 Route 48
Greenport, NY 11944
Please take notice that your application
For permit to legalize an"as built" fence at
Location of property: 63735 Route 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 construction is not permitted pursuant to Article XXII Section 280-105, which states,
"Fences walls or berms may be erected and maintained, subject to the following height limitations:
A. "When located in the front yard of residential zones, the same shall not exceed four feet in
height"
The"as built' fence surrounding the North and West sides of the swimming pool exceed this height.
Authorized Signature
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 �OF SUyp 53095 Main Road•P.O.Box 1179
�O 1p Southold,NY 11971-0959
Eric Dantesr [ Office Location:
Gerard P.GoehringerG Q Town Annex/First Floor,Capital One Bank
,George Horning �O 4Z, 54375 Main Road(at Youngs Avenue)
Kenneth Schneider eoUM`(,� Southold,NY 11971
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS [� M
TOWN OF SOUTHOLD `'
Tel.(631)765-1809•Fax(631)765-9064 In APR 2 4 2015 1
i J
I
• t_ �?i.DG DEF(
FINDINGS,DELIBERATIONS AND DETERMINATION--
MEETING OF APRIL 16,2015
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 H 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
i
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)(1). 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 4267-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 4267-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 4267-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
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 I11,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:
I
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 andlor 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 variances)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 1� / ')/ /2015
BOARD MEMBERS O��®F$Q(/ry�! Southold Town Hall
Leslie Kanes Weisman,Chairperson 53095 Main Road•P.O.Box 1179
r Southold,NY 11971-0959
Eric Dantes Office Location:
Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank
George Horning ® �® 54375 Main Road(at Youngs Avenue)
Kenneth Schneider �yCQUIT Southold,NY 11971
http://southoldtown.northfork.net RECEIVED
D - a: l�t Pr{
ZONING BOARD OF APPEALS FEg 2 2 11
E E 6 2 7 2017 TOWN OF SOUTHOLD2017
Tel.(631)765-1809-Fax(631)765-9064 go old Town le
BUILDING DEPT.
TOWN OF SOUTHO&INDINGS,DELIBERATIONS AND DETERMINATION
MEETING OF FEBRUARY 16,2017
ZBA FILE: 7011
NAME OF APPLICANT:Kenneth B. Zahler
ROPERTY LOCATION: 63735 County Route 48,Greenport,NY SCTM No. 1000-40-1-20.2
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 II category of the State's List of
Actions,without further steps under SEQRA.
SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was not referred as required to the
Suffolk County Planning Department under Administrative Code Sections A 14-14 to 23.
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 January 20,
2017. Based upon the information provided on the LWRP Consistency Assessment Form submitted, as
well as the records available, it is the LWRP Coordinator's recommendation in a Memorandum dated
January 3, 2017 that the proposed action is CONSISTENT with LWRP policy standards and therefore is
CONSISTENT with the LWRP.
PROPERTY FACTS/DESCRIPTION: The applicant's property is a conforming 2.720 acre parcel located
in the R-80 Zoning District. The property along the North Road, CR 48 measures 127.63 feet on the
southerly property line, 150.29 feet on the boundary line along the Long Island Sound, 919.05 along the
westerly property line and 976.71 feet along the easterly property line. The property is improved with a
two story single family residence with an attached garage, an attached wood deck and an accessory in-
ground swimming pool, all as shown on survey prepared by Nathan Taft Corwin, III, L.S. last revised
January 31,2017.
BASIS OF APPLICATION: Request for a Variance under Article XXH, Section 280-105 and the
Building Inspector's October 14, 2016, Notice of Disapproval based on an application to legalize an "as
built"fence, at: 1)more than the code required maximum four(4)feet in height when located in the front
yard; located, at: 63735 Suffolk County Route 48, (Adj. to the Long Island Sound) Greenport, NY
SCTM#1000-40-1-20.2.
RELIEF REQUESTED: The applicant requests a variance for the height of an as built fence surrounding
an as built swimming pool, which, at approximately 6 feet in height, exceeds the code permitted
maximum height of four(4)feet in the front yard.
Page 2,February 16, 2017
#7011,Zahler
SUM No. 1000-40-1-20.2
ADDITIONAL INFORMATION: In a prior decision by the Zoning Board of Appeals dated April 16,
2015 (#6851),the applicant was granted relief as amended to erect perimeter deer fencing located+/-400
feet from CR Route 48 pursuant to his survey depiction. In a letter dated September 29, 2016, the
applicant requested a de-minimus determination to re-configure the approved fencing and asked the
Zoning Board Chairperson to approve alternate "as built" fencing having 6 feet in height around the in-
ground swimming pool located in the front yard. The Chairperson determined that a portion of the as
built fence was not de mininus and that the applicant would need to apply to the ZBA for additional
variance relief. On October 17, 2016, the applicant submitted a letter in which he stated, "We believed
that the fence actually constructed which was much less than what we had received permission for would
be covered by the permit. The fence as it exists does not go as close to the road, nor as close to the
westerly neighbor as the permit allowed."
FINDINGS OF FACT/REASONS FOR BOARD ACTION:
The Zoning Board of Appeals held a public hearing on this application on 2./2/2017 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 5267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the
character of the neighborhood or a detriment to nearby properties. At 400 feet+/-the as built fencing is
setback sufficiently to reduce any visual impact from the adjacent neighbor's front yard and is not visible
from CR 48.
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 six
foot high fencing anywhere on his property in a front yard location, regardless of the proposed front yard
setback,without variance relief,
3. Town Law §267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing
100% relief from the code. However, the impact is mitigated by the 400 foot+/- setback from the public
road, and the fact that the as built 6 foot high fencing around the pool area,which has been screened with
evergreen plantings, is substantially less that the 8 foot high perimeter deer fencing previously approved
by the Board(ZBA#6851).
4. Town Law 5267-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.
5. Town Law 5267-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 5267-b. Grant of the requested relief is the minimum action necessary and adequate to
enable the applicant to enjoy the benefit of a non-conforming fence height around the as built swimming
pool, while preserving and protecting the character of the neighborhood and the health, safety and welfare
of the community.
a =•�3
Page 3,February 16,2017
#7011,Zahler
SUM No. 1000-40-1-20.2
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 Schneider, and duly carried,to
GRANT the variance as applied for, and shown on the survey prepared by Nathan Taft Corwin III,L.S.,
last revised January 31,2017,
SUBJECT TO THE FOLLOWING CONDITION:
1. Any future additional non-conforming fencing on the subject property will require a building permit
from the Building Inspector.
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 buildingpermit, and may require a new
application and public hearing before the Zoning Board of Appeals.
Any deviation from the variances) 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), Schneider, Horning and Dantes. (Member
Goehringer not present) This Resolution was duly adopted(4-0).
C�L "ANtil
�
Leslie Kanes Weisman,Chairperson
Approved for filing / /2017
Scott A. Russell ��°SuFFQIr�� STO][ AWWAT]EIK
SUPERVISOR MA NA\G]ENHENT
SOUTHOLD TOWN HALL-P.O.Box 1179
53095 Main Road-SOUTHOLD,NEW YORK 11971 Town of So u th o l d
CHAPTER 236 - STORMWATER MANAGEMENT WORK SHEET
( TO BE COMPLETED BY THE APPLICANT )
DOES THIS PROJECT INVOLVE ANY OF THE FOLLOWING:
Yes No (CHECK ALL THAT APPLY)
❑ED""A. Clearing, grubbing, grading or stripping of land which affects more
than 5,000 square feet of ground surface.
El[�B. Excavation or filling involving more than 200 cubic yards of material
within any parcel or any contiguous area.
❑[C. Site preparation on slopes which exceed 10 feet vertical rise to
100 feet of horizontal distance.
❑Ej"�D. Site preparation within 100 feet of wetlands, beach, bluff or coastal
erosion hazard area.
❑[�E. Site preparation within the one-hundred-year floodplain as depicted
- - on FIRM Map-of any watercourse.
�._
- - - - - - -- - --- - - - -
❑ Installation of new or resurfaced impervious surfaces of 1,000 square
feet or more, unless prior approval of a Stormwater Management
Control Plan was received by the Town and the proposal includes
in-kind replacement of impervious surfaces.
If you answered NO to all of the questions above, STOP! Complete the Applicant section below with your Name,
Signature, Contact Information, Date & County Tax Map Number! Chapter 236 does not apply to your project.
If you answered YES to one or more of the above, please submit Two copies of a Stormwater Management Control Plan
and a completed Check List Form to the Building Department with your Building Permit Application.
APPLICANT (Property Owner,Design Professional,Agent,Contractor,Other) S.C.T.M. #: 1000 Date
Disti ict
NAME CIA 17'JV- <RX)L.S i.;v-> �� �Z
w u Section Block Lot
I,OR BUILDING DL ARZ N"1ENT C-SL ONLY
Contact Information �3/—;,?3y-26 e"5— 019
Reviewed By:
Z��— — — — — — — — — — — — — — — — — — Date: —1 o- 140�y
Property Address/ Location of Construction Work: — — — — — — — — -- -
- — — — — —
Approved for processing Building Permit
to AA24-A 'J Stormwater Management Control Plan Not Required
— — — — — — — — — — — — — — — — —
�TA � Stormwater Management Control Plan is Required
(Forward to Engineering Department for Review)
FORM * SMCP-TOS MAY 2014
. pT SOUryp .
Town Hall Annex 41 Tele hone(631)765-1802
54375 Main Road
P.O.Box 1179 G Q ro
Southold,NY 11971-0959 ��
4UNiY, JUL - 1 2016
BUILDING DEPARTMENT 80 Lri1NG DEW,
TOWN OF SOUTHOLD TOWN OF SOUTTHOLD
APPLICATION FOR ELECTRICAL INSPECTION
REQUESTED BY: � �- 1 m�r> i1 - Date:
Company Name: e
Name: f,
License No.:
Address: a,-0_ 1
Phone No.: �� - l/ & fo'Z o
JOBSITE INFORMATION: (*Indicates required information)
^'`Name:^---_-- - ------ - -r►�� �,��� - --= . - - — -- ---- � �--
*Address: 6 ?Z3 !'R !A% Green v®
*Cross Street: fY1wr�e& `
*Phone No.: ----�
Permit No.: Li 0 S
Tax Map District: 1000 Section: Block:�_ Lot:
*BRIEF DESCRIPTION OF WORK(PleasePrint Clearly) l
6<�\
(Please Circle All That Apply)
*Is-job ready for inspection: YES/ NO Rough In Final
*Do you need a Temp Certificate: YE NO
Temp information (if needed) -
*Service Size: 1 Phase 3Phase 100 150 200- 300 350 400 Other
*New Service: Re-connect Underground Number of Meters Change of Service Overhead
Additional Information: PAYMENT DUE-WITH APPLICATION e y�
U_
82-Request for Inspection Form
Kenneth B. Zahler
63735 Route 48
Greenport, New York 11944
Office: (631) 369-0200 Fax: (631) 369-019 " 1F@ffUVLM
E-mail: kbz1948 Gmail.
SEP 2 6 2016
Town of Southold Trustees
and Building Department BUILDING DEPT.
Southold, NY 11971 TOWN OFSOLTMO D
Re: Deer Fence permit #39778 September 20, 2016
Pool permit #40526
Board of Trustees and Michael Verity, Building Dept.
Regarding the two captioned permits I am hereby requesting that
the building department.issue_the,C.O.-for the_pool and-that-the
Trustees acknowledge the non compliant fence as permitted.
The fence constructed around the pool is six feet high exceeding
the normally permitted four foot height but within the area covered
by the deer fence permit. Said fence is shown in red on'the
enclosed survey copy.We do not want to close out the deer fence
permit at this time since we may want to proceed with the
remainder of the fencing in the near future.
We understand the time requirement as well as the survey to show
the fence as constructed. We would like to bring in the surveyor
once we have decided to continue the deer fence or not.
Very Truly Yours,
Kenneth B. Zahler
i
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1 Land Surveyor
Bunch, Connie
From: Bunch, Connie
Sent: Tuesday, September 27, 2016 12:41 PM
To: 'kbz1948@gmail.com'
Subject: C/O for pool
Good Afternoon,
We are unable to issue the Certificate of Occupancy for the swimming pool at this time because the 6 foot fence around
the pool is not permitted in the front yard.You must try to get a variance from the Zoning Board of Appeals for the 6
foot fence or change the fence to 4 feet hight.
Best Regards,
Connie
1
BOARD MEMBERS Southold Town Hall
UT
Leslie Kanes Weisman,Chairperson �pE SOg°p 53095 Main Road• P.O.Box 1179
!p Southold,NY 11971-0959
Eric Dantes
Office Location:
Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank
George Horning � �� 54375 Main Road(at Youngs Avenue)
Kenneth Schneider �'�� �� Southold,NY 11971
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel.(631) 765-1809•Fax(631) 765-9064
October 6, 2016
Kenneth B.Zahler
63735 Route 48
Greenport,NY 11944
RE: Request for De Minimus determination, ZBA# 6851
Dear Mr. Zahler:
I have reviewed your letter, dated September 29, 2016, requesting a de minimum
determination in the above referenced Zoning Board of Appeal's decision.. The relief
requested in that decision was granted as amended to establish a 400 foot front yard setback
from C.R. 48 in order to erect 8 foot high deer fencing in your front yard and along the
perimeter of your property, as depicted in the approved survey date stamped April 16, 2016.
In your letter you now request a de minimus determination to permit as built 5 to 6 foot high
fencing around the in ground swimming pool located in your front yard, while the code permits
4 foot high fencing. Included with your letter is a copy of the survey approved in ZBA#6851,
showing the location of the approved deer fencing and the as built 5 to 6 foot high pool fence.
On October 6,2016 I reviewed your request with the members of the Board of Appeals. Based
upon the information provided and my discussion with the Board, I have determined that the 5-
6 foot high as built fencing located on the south and east sides of the swimming pool is de
minimus in nature, since the height previously approved for fencing at those locations has been
reduced.However, that portion of the as built fence surrounding the north and west sides of
the swimming pool is not de minimus since it increases the amount of non-conforming fencing
in the front yard. If you wish to maintain those sections of the non-conforming as built fence,
you should apply to the ZBA for additional variance relief.
Please contact our office if you have any further questions or concerns.
Sincerely,
Leslie Kanes Weisman
Chairperson
CC: Michael Verity, Chief Building Inspector
Bunch, Connie
From: Bunch, Connie
Sent: Friday, October 14, 2016 8:49 AM
To: 'KENNETH Z'
Subject: Pool Fence
Good Morning,
To legalize the 6 foot pool fence we require a check payable to Southold Town for$50.00.You will receive a Disapproval
letter from us after which you can apply to the Zoning Board of Appeals for the variance.
Best Regards,
Connie
631-765-1802
1
Bunch, Connie
From: KENNETH Z <kbz1948@gmail.com>
Sent: Friday, October 14, 2016 9:25 AM
To: Bunch, Connie
Subject: Re: Pool Fence
Hi Connie,
I delivered my request to Elizabeth at the ZBA about a week ago and have not heard back. Has she requested
the Disapproval letter?
thanks
ken
On Fri, Oct 14, 2016 at 8:49 AM, Bunch, Connie <Connie.Bunchna,town.southold.ny.us>wrote:
Good Morning,
To legalize the 6 foot pool fence we require a check payable to Southold Town for$50.00. You will receive a
Disapproval letter from us after which you can apply to the Zoning Board of Appeals for the variance.
Best Regards,
Connie
631-765-1802
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S.C. TAX No. 1000-40-01 -20.2
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SEPTEMBER 5, 2013
OMAY 22, 2014 FOUNDATION LOCATION
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V, CERTIFIED T0:
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PREPARED IN ACCORDANCE WITH THE MINIMUM
STANDARDS FOR TITLE SURVEYS AS ESTABLISHED
BY THE L.I.A.L.S. AND APPROVED AND ADOPTED
FOR SUCH USE BY THE NEW YORK STATE LAND
TITLE ASSOCIATION.
Bldg Dept copy from ZBA
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ZBA File# —7011 ;1Al • '4
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N.Y.S. Lic. No. 50467
UNAUTHORIZED ALTERATION OR ADDITION Nathan Taft Corwin Ill
TO THIS SURVEY IS A VIOLATION OF
SECTION 7209 OF THE NEW YORK STATE
EDUCATION LAW. Land Surveyor
COPIES OF THIS SURVEY MAP NOT BEARING
THE LAND SURVEYORS INKED SEAL OR
EMBOSSED SEAL SHALL NOT BE CONSIDERED
TO BE A VALID TRUE COPY.
CERTIFICATIONS INDICATED HEREON SHALL RUN Successor To: Stanley J. Isaksen, Jr. L.S.
ONLY TO THE PERSON FOR WHOM THE SURVEY Joseph A. Ingegno L.S.
IS PREPARED, AND ON HIS BEHALF TO THE
TITLE COMPANY, GOVERNMENTAL AGENCY AND Title Surveys — Subdivisions — Site Plans — Construction Layout
LENDING INSTITUTION LISTED HEREON, AND
TO THE ASSIGNEES OF THE LENDING INSTI— PHONE (631)727-2090 FOX (631)727-1727
TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE.
OFFICES LOCATED AT MAILING ADDRESS
THE EXISTENCE OF RIGHT OF WAYS 1586 Main Road P.O. Box 16
AND/OR EASEMENTS OF RECORD, IF
ANY, NOT SHOWN ARE NOT GUARANTEED. Jamesport, New York 11947 Jamesport, New York 11947