HomeMy WebLinkAbout52676-Z TOWN OF SOUTHOLD
BUILDING DEPARTMENT
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#: 52676 Date: 02/17/2026
Permission is hereby granted to:
QJSG Properties LLC
333 Central Park w Apt 106
New York, NY 10025
To:
construct an unconditioned non-habitable accessory structure as applied for per ZBA approval
Premises Located at:
38015 Route 25, Orient, NY 11957
SCTM# 15r-2-15r7
Pursuant to application dated 10/24/2025 and approved by the Building inspector.
To expire on 02/17/2028.
Contractors:
Required Inspections:
Fees:
Accessory-New Structure $170.13
CO Accessory $100.00
Total 270.13
Building Inspector
� TOWN OF SOUTHOLD--:BUILDING DEPARTMENT
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-- Jate Received
APPLICATION FOR BUILDING PERMIT
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For office Use Only ,
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PERMIT NCJ� Building I r�spectar. �
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FES
20,25,
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Applications and forms must be filled out in their entirety. Incomplete
applications will not be accepted. Where the Applicant is not the owner,an w
caner sAuthor
ization farm(Page shall be completed.
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Date:
OWNER(S)of PROPERTY:
Name: QJSG PROPERTIES, LLC SCTM # 1000- 15-2-15.7
Project Address: 38015 Route 25
Phone#: 646-734-357 Email: C^, HAD @ GALLANT.CC
Mailing Address: 333 Central Park W, Apt 106, New York, NY 10025
CONTACT PERSON:
Name: Chad Gallant
Mailing Address: 333 Central Park W, Apt 106, New York, NY 10025
Phone#: 646-734-3570 Email: chad@gallant.cc
DESIGN PROFESSIONAL INFORMATION:
Name:
Mailing Address:
Phone#: Email:
CONTRACTOR INFORMATION:
Name: (BCD Construction
Mailing Address: 400 Gardiners Lane, Southold, NY 11071
-------------
Phone#: (631) 466-0553 Email: evanackroyd 9 yahoo.com
DESCRIPTION OF PROPOSED CONSTRUCTION
®New Structure 7Addition ❑Alteration ❑Repair ❑Demolition Estimated Cost of Project:
C]0the r $ `' 0,000
Will the lot be re-graded? F�Yes No will excess fill be removed from premises? ❑Yes ii No
......................... .................
PROPERTY INFORMATION
.....................................
Existing use of property: Intended use of property:
Zone or use district in which premises is situated-, Are there any covenants and restrictions with respect to
R-80 this property? []Yes No IF YES., PROVIDE A COPY.
Check Box After Read Ing"' The owner/contractor/design professional is responsible for all drainage and storm water issues as provided by
Chapter 236 of the Town Code. 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,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(s)for necessary inspections.False statements made herein are
punishable as a Class A misdemeanor pursuant to Section 210.45 of the New York State Penal Law.
Application Submitted By(prer Me). ff I Standish WALIthorized Agent Downer
10.
Signature of Applicant: Date: 0 1
STATE OF NEW YORK)
SS:
COUNTY OF
Jeff Standish being duly sworn, deposes and says that(s)he is the applicant
(Name of individual signing contract) above named,
(S)he is the Agent
(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/her knowledge and belief; and
that the work will be performed in the manner set forth in the application file therewith.
Sworn before me this
day of 2 0
OT
ATE OF NEW YORK
Registration No.01 SlC5039767
Ouaed in Suffolk County
ZATJS� issiIon Expires Febrvary 27,20.!�2
,p,rn
PROPERTY OWNER AUTHORI
(Where the applicant is not the owner)
Chad Gallant residing at 38015 Main Road, Orient, NY
do hereby authorize Jeff Standish to apply on
my behalf to the Town of Southold Building Department for approval as described herein.
............ .......... ..............................
Owner"s Signature Date
Chad Gallant
Print Owner's Name
........... ............
BOARD MEMBERS 0 Southold Town .Mall
Leslie Kanes Weisman,srnan, Chairperson 53095 Main Road e P.O. Boy. 1179
Patricia Acampora N Southold,NY 11971-0959
Robert Lehnert, Jr. Office Location:
Nic las p"larrarrrent Town Annex/First Floor
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Mar ar t St+einbu l.cr 5 43 75 Main Road(at Youngs Avenue)
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mm. Southold,NY 11971
http-Hsoutholdtownny.govi V
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ZONING BOARD OF APPEALS 1&3 ate.
'OWN OF SO TTHOL C1
203
Tel. 631 765-1809
FINDINGS, DELIBERATIONS AND DETERMINATI
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NAME OF APPLICANT: QJSG Properties, LLC
PROPERTY' LOCATION:N: 8015 Route 25, Orient,NY SCTM: 1000-15-2-15.7
mA 1)'ETER ' A° `,'Ir,: The Zoning hoard 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
furiher steps under S QRA..
S FFOLK COUNTY A 1l .µ lST,R,-ATlE CODE:` This application was .not required to be referred to the Suffolk
County Department of Planning under the Suffolk County Administrative Cade Sections A 14-14 to 23.
,,, RP - . f R'N1IN 0 .• 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.
p"RQ,P RTY 1,A( I"'S D CI�Ib ,T, 0,. The subject, corifon-ning, 855,746 square feet, 19.645 acre property located
in the R80 Zoning District measures 99.92 feet along the Main :Road S .Route 25) and runs north approximately
2,050.20 feet along the easterly property line, measures 543.29 :feet along the .northerly property line and 1,763.16
feet ,along the westerly property line, contiguous with multiple residential lets of the "Green Acres at Orient"
subdivision. The property then measures 3 .56 feet along the southerly property line where it theca turns south
37.42 feet back to the roadway. A 50-foot-wide right of way rums the length of the parcel's eastern lot brae. The
property is improved with a one-and-one-and-a-half=story frame house with a covered porch, a tennis court, and
multiple structures, including a `goat barn' and a proposed `artist studio' (subject of this application), all shown on a
survey prepared by Howard W. Young, Licensed Land Surveyor, dated May 7, 225.
BA'SIS OF AP,p—CA 1 ONE`. Request for Variances from Article III, Section 280-13 C; Article III, Section 280-15;
and the Building Inspector's.April 28. 2025 Notice of Disapproval based on an application for a permit to construct
an accessory artist studio structure; at 1 located in area other than the code required rear yard; 2) the proposed use
in the accessary building is not a permitted accessory use; located at: 38 15 Route 25, Orient,NY. S TM No. 1000-
15-2-15.7.
RELIEF .Rb, The applicant requests two variances for the construction of a raised accessory art studio,
measuring 10 feet by 10 feet with an overall height of 21 feet, I I inches to be located in a front yard location, where
the code limits the placement of such an accessary building to the rear yard only and artist studios are not a permitted
use under the Town Code.
ADDITIONAL I 'FORA4A.TIC N: The applicant provided architectural plans, labeled A-I prepared by Zackery E.
Nicholson, Registered Architect, dated October 16, 2024.
Page 2,October 16,2025
#8032,QJSG Properties, LLC
SCTM No. 1000-15-2-15.7
The applicant is the owner of the large, seven (7) acre, waterfront estate immediately to the north of the subject
property,known as SCTM: 1000-15-2-15.8,and while an independent property,, it is characteristically aligned to the
agriculturally used subject parcel. Presently, the applicant lives in the house on the subject parcel that has an open
building permit for renovations and expansion; the residence to the north has been demolished and a new residence
is currently being constructed. When completed, the applicant has indicated that the two parcels will function as a
family compound.
Improvements on the subject parcel are covered by the following Certificates of Occupancy:
#Z-33595 dated March 16, 2'009 covering the conversion of an existing accessory structure to a
residence
#Z-33594 dated March 16, 2009 covering an accessory tennis court
#Z-44926 dated June 2 65 2020 covering a deer fence in a front yard location per ZBA approval
#Z-45299 dated June 22, 2024 covering an accessory barn (60'x40') in a front yard location per
ZBA approval
#Z-45700 dated October 26, 2024 covering an accessory pergola in a front yard location per ZBA
approval
#Z-50892 dated July 1, 2024 covering a generator
#Z-45742 dated November 9, 2024 covering an accessory greenhouse in a front yard location per
ZBA approval
#Z-46177 dated May 20, 2025 covering an accessory goat barn/shed per ZBA approval
#Z-49219 issued May 9, 2023 for additions and alterations to the existing single-family dwelling.
The residential structure is located at the northern end of the subject parcel, adjacent to the residence currently under
construction, with the majority of land (presently used for agricultural purposes) located to the south; little or no
room exists in the compliant rear yard of the residence for customary accessory structures in a compliant location.
The parcel is bisected by wetlands.
The applicant is the beneficiary of prior Board relief under file #7371 dated February 20, 2020 granting relief to
allow a deer fence in a front yard location, along the perimeter of the property and file#7827 dated October 19,2023
granting relief for the "as built" construction of a series of small accessory structures located in the front yard along
with the construction of the (proposed) raised art studio, subject of this application. As stated above, the applicant
obtained a Certificate of Occupancy on the 'as built' structures permitted under ZBA file #7827. Construction has
not commenced on the raised art studio granted in that file, nor has a building permit been issued.
In a letter dated October 21, 2024, the Chairperson of the Town of Southold Zoning Board of Appeals denied a
request for a design alteration, increasing the height for the proposed art studio by 5 feet. This determination was
upheld in a second letter dated November 121, 2024, denying the de minimus approval for a design change to the
proposed structure, granted in ZBA file #7827. In response to that denial, the applicant now seeks authorization in
the current application.
Development rights on the entire parcel are intact. The applicant offered testimony that the farm operation and use
of the site agriculturally is accessory to the residential and that the produce grown and agricultural products are for
the owner's own consumption. Applicant also advised that although the family does dabble in artistry they have
found this structure would also aid in the deer management on the property.
The applicant's agent offered testimony that the art studio (in practice mostly to be an enclosed viewing platform) is
for the use of the property owner and their family and that the structure will not contain plumbing or a bathroom nor
will it be conditioned and will have limited/basic electric service.
Page 3, October 16,2025
#80321 QJSG Properties, LLC
SCTM No. 1000-15-2-15.7
During the public hearing, the applicant's agent reminded the Board of the property size and remote location with
virtually no impact on any immediate neighbor or the community in general. Furthermore, the applicant spoke on
his own behalf, noting that the accessory structure was previously approved but at lower height. and that the added
5 feet of height will help greatly to increase the view,specifically relative to deer management. The applicant further
added that the structure will be used by their family and is going to also be an observation tower to manage the
property and gain better visibility of invasive deer. While the applicant indicated they are not 'artists,' a family
member will likely use the space for drawing or other creative and contemplative pursuits.
Indicated in the application packet, under APPLICANT'S PROJECT DESCRIPTION, V. Purpose of New
Construction: "observe activities at the site." Statements by the applicant and the applicant's agent relative to the
proposed use brought into question the Board's prior approval for the structure as an 'art studio' where the applicant
seems to desire naming this accessory structure as a `viewing platform' and how to fairly apply Town Code,
recognizing the location versus the proposed use.
FINDINGS OF FACT/REASONS FOR BOAIZD ACTION:
The Zoning Board of Appeals held a public hearing on this application on September 4, 2025 at which time written
and oral evidence were presented. used 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,)(' Grant of the requested variances will not produce an undesirable change in the
character of the neighborhood or a detriment to nearby properties. The subject parcel is not visible from the roadway
or the subdivision to the west,, as it is obscured by dense woodlands. The construction of an accessory structure
located in the front yard, where a rear yard is required, will also have little or no impact on the community as the
improvement is not visible other than from the air and there is little to no room in a compliant location for the
improvement. The use of the proposed accessory structure as a place for the family to create art and a functioning
viewing platform, while not a pen-nitted use, will again have no impact on the community since it is approximately
100 square feet in size, unconditioned and without plumbing and raised to a finished height of under 22 feet, as
allowed by code.
2. Town Law §267-bo)(b) 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 locate the accessory structure in a
compliant rear yard location as a result of the original location of the residential structure. While the applicant can
create a conforming 'art studio/viewing platform' space within their residence, the structure, as proposed, is modest
in size and raised over the agricultural property to allow the resident a view of the farm operation and various planting
beds and garden areas.
3. Town Law ,§26'7- The variances granted herein are mathematically substantial, each representing
100%relief from the code. However,,as evidenced by the applicant's agent testimony and that of the property owner,
there is no impact on any immediate neighbor,and the property is well screened from view and site is well over 1,450
feet to the north of Main Road/NYS Route 25. The applicant has provided evidence to the Board's satisfaction that
the property is well planted with a variety of fruit bearing trees,, that there is livestock and other typical farm animals
on site and that all appears well tended to and taken care of and that despite a deer fence,they remain a nuisance that
can be better controlled from a raised structure.
4. "Yown Law 4 No evidence has been submitted to suggest that a variance in this residential
L67-b,(3) WLI,-�
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.
A0111,
Page 4, October 16,2025
#8032, QJSG Properties, LLC
SCTM No. 1000-15-2-15.7
5. Towii, Law §2167-M The difficulty has been self-created. The applicant purchased the parcel after the
I 1)0)0 I
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. Furthermore,
at the time of the minor subdivision creating the lot and as sanctioned by the Town of Southold Planning Board, the
tennis court was associated with the property to the north as was the small accessory structure now converted to a
primary residence. While self-created, the applicant is limited in their ability to use the full 19 acres lying to the
South of the aforementioned improvements without Board relief.
6r. Town Law,§267-b. Grant of the requested relief relative to locating an accessory structure in a front yard location
is the minimum action necessary and to enable the applicant to enjoy the benefit of a raised accessory structure
measuring 10 feet by 10 feet with a finished height under 22 feet while preserving and protecting the character of the
neighborhood and the health, safety and welfare of the community, however, granting relief to the establishment of
an `art studio' is not the minimum action necessary.
RESOLUTION OF TIHE 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 Planamento, seconded by Member Steinbugler, and duly
carried, to
DENY as applied for and GRANT ALTERNATIVE RELIEF as follows, a raised accessory structure
measuring no greater than 10 feet by 10 feet in area and with a finished height of under 22 feet.
R,jc6re yRp&, in peals for approval
gJor a btiddin permit,.,the applicant or agent must submit to the Board ofAp
X,
and fzl'inrevised
_ g two sets of the final signed and sealed architectural drawings conforming to the alternative
relief granted herein. The ZBA will forward one set of approved, stamped drawings to the Building Department.
Failure to fallow this procedure may result in the delay or denial of a building permit, and may require a new
application and public hearing before the Zoning Board of Appeals
SUBJECT TO THE FOLLOWMG CONDITIONS:
I The applicant is to rename the plans per the Chief Building Inspector of the Town of Southold's satisfaction,
either'structure , `accessory structure',or'raised accessory structure',which is to be reflected on the Certificate
of Occupancy when issued.
2. The applicant shall submit two sets of the revised final signed and sealed architectural plans of the subject
accessory structure conforming to the alternative relief.
3. The subject accessory structure is to remain an unconditioned,,non-habitable space with only limited electricity.
4. The framing supporting the structure is not to be filled in or enclosed in anyway, nor are the access stairs to be
covered over or protected from the elements.
5. Relief granted under ZBA file#7827 relative to the raised accessory 'art studio' is hereby extinguished.
This approval shall not be deemed effective until the required conditions have been met.At the discretion of the
Board of Appeals,failure to comply with the above conditions may render this decision null and void.
That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued.
The Boand reverves,the riehl,to substitute a sl'"Itilar desm It that isi de,ininiiltis in nature'.for an alter tip that dops nolit
therease the de 0
,,oree oLnoncon,Lo, ,rn1i1V* vided detnthi reLiefis reyltestedwith hr one kear o e date this decisl,0111t.
gr(
Any time qNr one year the Board ma re new t*
I ,afire anew..........-applica ion.
rage 5,October 16,2025
#8032,QJSG Properties, LLC
SCTM No. 1000-15-2-15.7
IWORIANT LIMITS ON THEAPPROVALN GRANTED HEREIN
Please Read Carefully,
Any deviation from the survey, site plan and/or architectural drawings cited in this decision, or work exceeding
.1
the scope of the relief granted herein, will result in delays and/or a possible denial by the Building Department
of a building permit and/or the issuance of a Stop Work Order, 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, demolitions, or demolitions exceeding the scope of the relief granted
herein, 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.
TIME LINUTS ON THES APPROVAL: 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 Certiricate 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)
t � i J, , '
year terins.IT"I"IS,THLE PROP"ERTY OWNE"R'S RESPO"'NSRIBILIXYTO,EN'S'U'REE, COMPLIANCE WITH
THE CODE ' F E IMMIX Failure to comply in a timely manner
LOOQU 1,111,ED UME' RAM DESCRIBED "I-
may result in the denial by the Building Department of a Certificate of Occupancy, nullify the approved
variance relief, and require a new variance application with public hearing before the Board of Appeals.
Vote of the Board: Ayes: Members Planamento(Vice Chair),Acampora, Lehnert and Steinbugler. (4-0)(Member Weisman
absent)
Ni,c; o, S"' Planamento, Vice Chairperson
Ap ed for filing)Z� /1-1—/2025