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BOARD MEMBERS �QF so Southold Town Hall
Leslie Kanes Weisman,Chairperson O� Tyol 53095 Main Road•P.O.Box 1179
O Southold,NY 11971-0959
Patricia Acampora Office Location:
Eric Dantes �, Town Annex/First Floor,
Robert Lehnert,Jr. • �O� 54375 Main Road(at Youngs Avenue)
Nicholas Planamento COUNTY Southold,NY 11971
http://southoldtowimy.gov WILCEIVED
ZONING BOARD OF APPEALS & @ $.3OAAk
TOWN OF SOUTHOLD PfiXl-
i U L 2 9 2020
Tel.(631)765-1809 •Fax(631) 765-9064 n"
Sou hold Town Clerk
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF JULY 16, 2020
ZBA FILE: 7388
NAME OF APPLICANT: Minton Irrevocable Trust
PROPERTY LOCATION: 5194 Great Peconic Bay Blvd,Laurel SCTM No. 1000-128-2-20
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 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 January 30, 2020 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: 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.
PROPERTY FACTS/DESCRIPTION: The subject property is a 7, 028.65 sq. ft. parcel located in an R-40 Zoning
District. The property is located 200ft. south of Peconic Bay Boulevard and serviced by a shared dirt road. The
property measures 97.76 ft. along the northerly property line, parallel to Peconic Bay Boulevard, turning south
measuring 85.00 ft. along the easterly property line with access to a 15-foot Right of Way, turning west measuring
97.96 ft. along the southerly property line, then turning north measuring 85.00 ft. along the westerly property line.
The property is improved with a two-story framed residence and an attached enclosed porch, all as shown on
survey prepared by Kenneth M. Woychuk,L.S., dated April 12, 2019.
BASIS OF APPLICATION: Request for a Variance from Article, XXIII, Sections 280-124 and the Building
Inspectors January 17, 2020 Notice of Disapproval based on an application for a permit to legalize "as-built"
additions and alterations to an existing single family dwelling; at 1) less than the code required minimum rear yard
setback of 35 feet; located at: 5194 Great Peconic Bay Blvd,Laurel,NY. SCTM No. 1000-128-2-20.
RELIEF REQUESTED: The applicant requests a variance to legalize an "as-built" porch addition with a rear yard
setback of 1.6 feet,where a 35-foot setback is required by the code.
Page 2,July 16,2020
#7388,Minton
SCTM No. 1000-128-2-20
ADDITIONAL INFORMATION: On May 19, 1964, #669, the prior owner was granted variance relief to
subdivide his parcel as well as relief to NYS Town Law 280-a for access to a town road. The applicant's agent
submitted copies to the Board of three other prior variances for non-conforming setbacks granted by the Board of
Appeals on Peconic Bay Boulevard: ZBA File#5611 (Dec. 2,2004), ZBA file#6099, (Jan. 10, 2008) and ZBA File
#7244 May 23, 2019)
The existing dwelling located on the property was issued a certificate of occupancy in May 1958, # Z-110. In
August of 1977, certificate of occupancy # Z7863 was issued for a one family dwelling with additions and
alterations. There was a septic permit issued by the Town of Southold in June of 1997 for a new septic tank.
The Board received a letter dated May 2020 (Received May 28, 2020) from a neighbor indicating that she had no
objection to the variance relief.
FINDINGS OF FACT/REASONS FOR BOARD ACTION:
The Zoning Board of Appeals held a public hearing on this application on July 9, 2020 at which time written and
oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and
surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant
and makes the following findings:
1., Town Law §267-b(3)(b)(I . Grant of the variance will not produce an undesirable change in the character of
the neighborhood or a detriment to nearby properties. The neighboring properties are generally the same non-
conforming size and oddly shaped configuration as the subject parcel. The subject property is accessed via a
private right of way. The as built porch is unconditioned space and is in character with other residences in the
surrounding neighborhood.
2. Town Law V67-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. As the as-built addition is attached to the existing
residence,there is no other alternative than an area variance.
3. Town Law X267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 95.4%
relief from the code. However, at least half of the existing house is currently in the conforming rear-yard setback
with the benefit of certificates of occupancy, and the rear yard is screened from view by an existing solid stockade
fence.
4. Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential
community will have an adverse impact on the physical or environmental conditions in the neighborhood. The
applicant must comply with Chapter 236 of the Town's Storm Water Management Code and conditions of this
board.
5. Town Law §267-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 is the minimum action necessary and adequate to enable the
applicant to enjoy the benefit of an unconditioned porch while preserving and protecting the character of the
neighborhood and the health, safety and welfare of the community.
J
Page 3,July 16,2020
#7388, Minton
SCTM No. 1000-128-2-20
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 Lehnert , seconded by Member Weisman
(Chairperson), and duly carried, to
GRANT the variance as applied for, and shown on the survey prepared by Kenneth Woychuk, Land Surveyor,
dated April 12,2019.
SUBJECT TO THE FOLLOWING CONDITIONS:
1. The existing as-built porch shall remain unconditioned space and shall not be enlarged.
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. In the event that this is an approval subject
to conditions, the approval shall not be deemed effective until such time that the foregoing conditions are met; and
failure to comply therewith will render this approval null and void.
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)Acampora, Dames,Lehnert, and Planamento(5-0).
/4'X�6�A_A�t
eslie Kanes Weisman, Chairperson
Approved for filing 711712020
S.C.T.M. N0, DISTRICT. 1000 SIL-ci%jN: 128 BLOCK: 2 LOT(S):2
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- - THE WATER SUPPLY, WELLS, DRYWELLS AND CESSPOOL
LOCATIONS SHOWN ARE FROM FIELD OBSERVAAONS
AND OR DATA OBTAINED FROM OTHERS.
AREA: 7,028.65 SQ.FT. or 0.16 ACRES ELEVATION DATUM:
UNAUTHORIZED ALTERATION OR ADDITION TO 77WS SURVEY IS A WOLA77ON OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY
MAP NOT BEARING 7HE LAND SURVEYORS EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN
ONLY TO 7HE PERSON FOR WHOM 7HE SURVEY IS PREPARED AND ON HIS BEHALF TO THE 777LE COMPANY, GOVERNMENTAL AGENCY AND LENDING INS77TUDON
LISTED HEREON, AND TO 7HE ASSIGNEES OF 7HE LENDING INS71TU710N, GUARANTEES ARE NOT TRANSFERABLE.
7HE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES TO THE S7RUC7URES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE
NOT INTENDED TO MONUMENT 774E PROPERTY LINES OR TO GUIDE 7HE ERECTION OF FENCES, ADD17IONAL STRUCTURES OR AND OTHER IMPROVEMENTS EASEMENTS
AND/OR SUBSURFACE STRUCTURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON 77-IE PREMISES AT THE TIME OF SURVEY
SURVEY OF: DESCRIBED PROPERTY CERTIFIED TO: MARY MINTON IRREVOCABLE TRUST;
MAP OF:
FILED:
SITUATED AT.- LAUREL
TOWN OF: SOUTHOLD KENNETH M WOYCHUK LAND SURVEYING, PLLC
SUFFOLK COUNTY, NEW YORK Professional Land Surveying and Design
P.O. Box 153 Aquebogue, New York 11931
FILE #19-34 SCALE:1 "=20' DATE: APRIL 12, 2019 PHONE (831)298-1588 FAX (831) 298-1588
N.Y.S. LISC. NO. 050882 maintaining the records of Robert J. Hennessy & Kenneth M. Woychuk
RECEIVED
F
INAL MAP JAN 21 2020
BY ZBA
D .S�®IV # 3� Zoning Board Of Appeals
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SCALE= Y41'—I'-011 a
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' LEGEND
EXISTING NALLNown-I ELEVATION D�wn tttMr
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Date:
AS BUILT ADDITION 12/12/19
SCALE: Y411—I1-0° DrawingNo.:
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RECEIVED
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L -MAP �/ JAN 212020
�E1/E/ED BY ZEW
Zonlng Board OfF,ppeals
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EAST ELEVATION 1^4EST ELEVATION
Drawn By:
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SCALE= 4"—V-011 5GALEt Y4"—I'—O" aZ Date:
12/12/I9
S),9T 041861 �,� Drawing No.:
FOF NEW.®
2
a OF SHEETS
COUNTY OF SUFFOLK RECEIVED
FEB 0 4 2020
l� OFFICE OF THE COUNTY EXECUTIVE
vf120 Steven Bellone
SUFFOLK COUNTY EXECUTIVE
Natalie Wright Department of
Acting Commissioner Economic Development and Planning
January 30, 2020
Town of Southold
Zoning Board of Appeals
53095 Main Road
P.O. Box 1179
Southold,NY 11971-0959
Attn: Leslie Weisman
Dear Ms. Weisman:
Pursuant to the requirements of Sections A14-14 thru A 14-25 of the Suffolk County Administrative
Code, the following application submitted to the Suffolk County Planning Commission is to be a
matter for local determination as there appears to be no significant county-wide or inter-community
impacts. A decision of local determination should not be construed as either an approval or
disapproval.
Applicant Municipal File Number
860 Bayview Drive, LLC # 7386
Hard Corner Properties, LLC # 7387
Minton Irrevocable Trust # 7388
Benic, Maureeen #7389
Very truly yours,
Sarah Lansdale
Director of Planning
Theodore R. Klein, Principal Planner
TRK/cd Division of Planning & Environment
H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th FI ■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 ■ (631)853-5191
FORM NO. 3
RECEIVED�
TOWN OF SOUTHOLD
BUILDING DEPARTMENT JAN 2 '121,20
SOUTHOLD,N.Y.
Zoning Board Of Appeals
NOTICE OF DISAPPROVAL
DATE: January 17, 2020
TO: Michael Kimack(Minton)
PO Box 1047
Southold, NY 11971
Please take notice that your application dated January 9, 2020:
For permit to legalize"as built" additions and alterations to an existing single-family
dwelling at:
Location bfproperty: 5194 Great Peconic Bay Blvd, Laurel, NY
County Tax Map No. 1000- Section 128 Block 2 Lot 20
Is returned herewith and disapproved on the following grounds:
The"as built" construction, on this nonconforming 7,028.65 sq. ft. lot in the Residential
R-40 District is not permitted pursuant to Article XXIII Section 280-124 which states-
lots measuring less than 20,000 square feet in total size require a minimum rear yard
setback of 35 feet.
The survev notes-a.rear vard setback of 1.6 feet.
Authorized ature
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.
RECEIVED
Fee:$ Filed By: Assignment No. 73 Q 9
APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPE S JAN ;J 2020
AREA VARIANCE
Zoning Board Of Appeals
House No.,47? Street ��P �P�CQit//C Hamlet 1 4(Jie".
BAY,RC1/1p. Zone
SCTM 1000 SectionfZff Block 2 Lot(s)__2e O Lot Size, M-65-
J&WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR
DATED -tAA1 q 2dZ BASED ON SURVEY/SITE PLAN DATED PdrC. !2
Owner(s): &M ZZ22 12e2C6/O CAZ?L,E
Mailing Address: /0/ Li�J(/L� /V�.lJ C/Z}; IVY 40
Telephone: Fax: Email:
NOTE:In addition to the above i please complete,below if application is signed by applicant's attorney,agent,architect,
builder,contract vendee,etc.and name of person who agent represents:
Name of Representative:M/CIMIEL /,k &/114 Cl for(40wner( )Other:
Address: go. 46 aje /0 47. To Al Y 97f
Telephone;5-/6 658 6807 Fax: Email:HtIlVAX Q, VVV/ZON./VZ,1
Please check to specify who you wish correspondence to be mailed to,from the above names.
( )Applicant/Owner(s), ( f Authorized Representative, ( ) Other Name/Address below:
WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN pp Za
DATED9 and DENIED AN APPLICATION DATED 1* Ae,-f FOR:
(/J
Building.Permit
( )'Certificate of Occupancy ( )Pre-Certificate of Occupancy
( ) Change-of Use
( )Permit for As-Built Construction
( ) Other:
Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by
numbers.Do not quote the code.)
Article: Section: Subsection:
Type of Ap 1. An Appeal is made for:
(4rA Variance to the Zoning Code or Zoning Map.
( )A Variance due to lack of access required by New York Town Law-Section 280-A.
( )Interpretation of the Town Code,Article Section
( )Reversal or Other
A prior appeal( )-has, ( ) has not been made at any time with respect to this propertV,UNDER
Appeal No(s). 669 Year(s). . (Please be sure to research before
completing this question or call our office for assistance)
Name of Owner: ZBA File#
`t
RECEIVED
REASONS FOR APPEAL (Please be specific, additional sheets may be used with prepaer's 7" 8
signature notarized): JAN 2 12020
1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detrim Wtct01Wrb?6ard Of Appeals
properties if granted,because: 7-,11,,-- 1W195&1'116'-7
GE.v5;PAC& y Q. 7W,C- -rAS/ZZ-- st C0A/Fl&6IR4 77d u rd
J'U,e�DUNp/�YG C VVjf'/S'7f or AV0A1 co.vx'D,P.v/NG L D Ts. /2AC
S Nor Q17-0,C
77-le� Uler weoNo/S�'ION IVoT x/200 1�1✓n,Ef`/,2
cv ./'(� a JN,�/�t/G OGv�1L//VGS' e Pews ��1pNG
2.The be tt so y t e app scant CANNOT be achieved by some method feasible for the applicant to pursue,
other than an area variance,because- P7,E .4r BU11—r ONCOIVP177iWAO f 64CIV
fl,9S��,Eiv lry,��C/sr vr,E P�IaR 7a
ZOO/
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/7' ZY,417W Cl-1ED 7a 7W- P4v"51"OVG
L o cAI?Q�tl AS p, /tiP�,P�v�GAYOI/r OFA 4,070/k/!JY o �� lroo av
3. a ount o r e requeste is not substantial because: D
7,E AY O UNP- 0c I?EZIAL !s-!'V�JIri�V�l�L ,� d�G' /kms
9.-M�Z YD,r���. y0al Y�2 �Y�s-77-
or /W 4xirrAvG P1,04L/V& ,� Cl.)A,Wa-,M evc rm,-cZer
NOr-606W"Al& rAE AY BU/LT'POI�°C�1��Y�"1 4-— �Ml���lo/U�J�$YAW4 a 4AI
4.The variance will NOT have an adverse ef4ci t�ir E the pfiysical or environmental conditions in the
neighborhood or district because:
T!!Z,4,S 00le7- W(-0N,0/7/.0A1-=d ,RORCV 1S
/i!/ 4 L DCa7laAv 7W.4r Ay1a/li-11Z,6S ANY !M�//eT Qiv P�1r1'1G�1L.
/r/r,4C1-s CR6,97,,- .4s.4 Ai5JVG.T °,` 17S Pt�%h,�•�/r-
5.Has the alleged difficulty been self-created? X Yes,or { }No Why:
Are there any Covenants or Restrictions concerning this land? No { }Yes(please furnish a copy)
This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the
neighborhood and the health,safety and welfare of the community.
Signature of Applicant or Authorized Agent
(Agent must submit written Authorization from Owner)
Swo to before me this 06+day
of ate- ,20' o
otary Public
TRACEY L. DWYER
NOTARY PUBLIC,STATE OF NEW YORK
NO.01 DW6306900
QUALIFIED IN SUFFOLK COUNTY
COMMISSION EXPIRES JUNE 30,2QA;L,
RECEIVEb
®73`9 0
APPLICANT'S PROJECT DESCRIPTION JAN 2 12020
Zoning Board Of appeals
APPLICANT: /y/Cy, X4 A Je/y q C/G DATE PREPARED: d
1.For Demolition of Existing Building Areas
Please describe areas being removed: A11,4
II.New Construction Areas(New Dwelling or New Ad ditions/Extensions): MY legU�L7�PQ,2C'y�
Dimensions of first floor extension: IVA
Dimensions of new second floor: q/
Dimensions of floor above second level:
Height(from finished ground to top of ridge): LJM
Is basement or lowest floor area being constructed?If yes please provide height(above ground)
measured from natural existing grade to first floor: ALA
III.Proposed Construction Description (Alterations or Structural Changes)
(Attach extra sheet if necessary).Please describe building areas:
Number of Floors and General Characteristics BEFORE Alterations: Md
Number of Floors and Changes WITH Alterations: /'�,t �¢5�,4�0✓�
IV. Calculations of building areas and lot coverage(from surveyor):
Existing square footage of buildings on your property: ao-&A! 00W C.eAV61296:,95
Proposed increase of building coverage:/S.9X14P7=233,73) c 4-r 0,&7 ,P6RCY
Square footage of your lot: 172 8.
Percentage of coverage of your lot by building area: Q 0 CLU tr L L C/�
V.Purpose of New Construction: f,jQ 7- UN l' �/(�.061r1D�1� �D�C
VI. Please describe the land contours(flat,slope %,heavily wooded,marsh area,etc.) on your land
and how it relates to the difficulty in meeting the code requirement(s):
L �
v Gi�r�nr
Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners
for new construction, and photos of building area to be altered with yard view.
4/2012
RECEIVED
QUESTIONNAIRE "'f-S'g
FOR FILING WITH YOUR ZBA APPLICATIOLZon.;ng
N 2/ 1 2020
A. Is the subject premises listed on the real estate market for sale?
Yes _YLNo oar_ d O;Appeals
B. Are there any proposals to change or alter land contours?
_XNo Yes please explain on attached sheet.
C. 1.) Are there areas that contain sand or wetland grasses? /V
2.)Are those areas shown on the survey submitted with this application?
3.) Is the property bulk headed between the wetlands area and the upland building
area? /V Q
4.) If your property contains wetlands or pond area , have you contacted the Office of the Town
trustees for its determination of jurisdiction?Please confirm status of your inquiry or
application with the Trustees: and if issued, please attach
copies of permit with conditions and approved survey.
D. Is there a depression or sloping elevation near the area of proposed construction at or
below five feet above mean sea level? /V 11
E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown
on the survey that you are submitting?Please show area of the structures on a diagram
if any exist or state none on the above line.
F. Do you have any construction taking place at this time concerning your
premises?A_If yes,please submit a copy of your building permit and survey as approved
by the Building Department and please
describe:
G. Please attach all pre-certificates of occupancy and certificates of occupancy for the
subject premises. If any are lacking, please apply to the Building Department to ether obtain
them or to obtain an Amended Notice of Disapproval. Jf 5Z AV& oW11V&
H. Do you or any co-owner also own other land adjoining or close to this parcel? If
yes,please label the proximity of your lands on your survey.
I. Please list present use or operations conducted at this parcel fgE&nC /WIZ
and the proposed use 7W ON/ 'Z,&6Z F.W11-k
No 6WA se Iw I DOL (ex: existing single family,proposed: same
with garage,pool or other)
Authorized signature and Date
�F�[RIED
--]
AGRICULTURAL DATA STATEMENT
ZONING BOARD OF APPEALS JAN21 2020 l
TOWN OF SOUTHOLD
Zon;ng Board O ,appeals
WHEN TO USE THIS FORM: This form must be completed by the applic ny-special us
permit, site plan approval,use variance, area variance or subdivision approval on property within
an agricultural district OR within 500 feet of a farm operation located in an agricultural district.
All applications requiring an agricultural data statement must be referred to the Suffolk County
Department of Planning in accordance with Section 239m and 239n of the General Municipal
Law.
1. Name of Applicant: dN ZRR
4VO C14&6 1'PI)-rr
2. Address of Applicant: /Q/ A61R P (,4&g/ , NEW U7>", Al- X.
3. Name of Land Owner(if other than Applicant):
4. Address of Land Owner:
5. Description of Proposed Project: 14QZ,6 AF AP11-r VII aoA1,,j17761V,4D
P49011
6. Location of Property: (road and Tax map
number) V94
7. Is the parcel within 500 feet of a farm operation? { } Yes X No
8. Is this parcel actively farmed? { } Yes )4 No
9. Name and addresses of any owner(s) of land within the agricultural district containing
active farm operations. Suffolk,County Tax Lot numbers will be provided to you by the Zoning
Board Staff, it is your responsibility to obtain the current names and mailing addresses from the
Town Assessor's Office (765-1937) or from the Real Property Tax Office located in Riverhead.
NAME and ADDRESS
1.
2.
3.
4.
5.
6.
(Please use the back of this page if there are additional property owners)
a a�.,� ow / 4 �D�6
Signature of Applicant Date
Note:
1. The local Board will solicit comments from the owners of land identified above in order to
consider the effect of the proposed action on their farm operation. Solicitations will be made by
supplying a copy of this statement.
2. Comments returned to the local Board will be taken into consideration as part as the overall
review of this application.
3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property
owners identified above. The cost for mailing shall be paid by the Applicant at the time the
application is submitted for review.
RECEIVED
617.20
Appendix B
Short Environmental Assessment Form JAN 21 ZON
Instructions for Completing Zoning Board O�x.12—1
Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses
become part of the application for approval or funding,are subject to public review,and may be subject to further verification.
Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully
respond to any item,please answer as thoroughly as possible based on current information.
Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful
to the lead agency;attach additional pages as necessary to supplement any item.
Part 1-Project and Sponsor Information
Name of Action or Project:
QwS11A,51IC
Project Location(describe,and attach a location map):
57174 6REA7_ 9E65WC AMY 9Z VA 1`007POW
Brief Description of Proposed Action:
'7 6,IlZr
08 7XIV VXA1,41V GE
U,V C oA1D1T7drVrP, fde� / 23� 73 sir)
C
Name of Applicant or Sponsor: Telephone: 6 5- 0
C/V Q- /Jy G E-M '1 I3 cll2 VE /ZON N
Address:
o, 9 6x o 47
City/PO: State: Zip Code:
ro0THOW AlY 11971
1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES
administrative rule,or regulation? `
If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that x
may be affected in the municipality and proceed to Part 2. If no,continue to question 2.
2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES
If Yes,list agency(s)name and permit or approval: 1
3.a.Total acreage of the site of the proposed action? acres
b.Total acreage to be physically disturbed? n acres
c.Total acreage(project site and any contiguous properties)owned
or controlled by the applicant or project sponsor? o, 16 acres
4. Check all land uses that occur on,adjoining and near the proposed action.
❑Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial residential(suburban)
❑Forest ❑ Agriculture ❑Aquatic ❑ Other(specify):
❑Parkland
Page 1 of 4
RECEIVED
5. Is the proposed action, NO YES N/A
a.A permitted use under the zoning regulations? JAN .1 12020
V
b.Consistent with the adopted comprehensive plan? _onin Board O`P,ppeals
6. Is the proposed action consistent with the predominant charac er of*ffie extstmg built or natural NO YES
landscape?
7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES
If Yes,identify: X
8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES
y
b.Are public transportation service(s)available at or near the site of the proposed action? �(
c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? /X-
9.Does the proposed action meet or exceed the state energy code requirements? NO YES
If the proposed action will exceed requirements,describe design features and technologies:
VAI C avDl77ONSP 192 RCI) X
10. Will the proposed action connect to an existing public/private water supply? NO YES
If No,describe method for providing potable water: AIM X
11.Will the proposed action connect to existing wastewater utilities? NO YES
If No,describe method for providing wastewater treatment: NOA X,
12..a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES
Places?
b.Is the proposed action located in an archeological sensitive area?
13. a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES
wetlands or other waterbodies regulated by a federal,state or local agency?
b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody?
If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres:
14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply:
❑ Shoreline ❑ Forest ❑Agricultural/grasslands ❑ Early mid-successional
❑ Wetland ❑Urban 1XSuburban
15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES
by the State or Federal government as threatened or endangered?
16.Is the project site located in the 100 year flood plain? NO YES
17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES
If Yes,
a.Will storm water discharges flow to adjacent properties? I (NO❑YES
b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)?
If Yes,briefly describe: ❑NO)(YES
ORyw,15LL
Page 2 of 4
18.Does the proposed action include construction or other activities t iat result iR1JtEi4ipDundment of NO YES
water or other liquids(e.g.retention pond,waste lagoon,dam)? ��
If Yes,explain purpose and size:
19.Has the site of the proposed action or an adjoining property been t (ZLRgatttt aral cal'tiVbpirlbse`d NO YES
solid waste management facility?
If Yes,describe:
20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES
completed)for hazardous waste?
If Yes,describe: X
I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY
KNOWLEDGE
Applicant/sponsor name: "/ AV— Date: 1141Z 6Z 6
Signature:
Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following
questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or
otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my
responses been reasonable considering the scale and context of the proposed action?"
No,or Moderate
small to large
impact impact
may may
occur occur
1. Will the proposed action create a material conflict with an adopted land use plan or zoning
regulations?
2. Will the proposed action result in a change in the use or intensity of use of land?
3. Will the proposed action impair the character or quality of the existing community?
4. Will the proposed action have an impact on the environmental characteristics that caused the
establishment of a Critical Environmental Area(CEA)?
5. Will the proposed action result in an adverse change in the existing level of traffic or
affect existing infrastructure for mass transit,biking or walkway?
6. Will the proposed action cause an increase in the use of energy and it fails to incorporate
reasonably available energy conservation or renewable energy opportunities?
7. Will the proposed action impact existing:
a.public/private water supplies?
b.public/private wastewater treatment utilities?
8. Will the proposed action impair the character or quality of important historic,archaeological,
architectural or aesthetic resources?
9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands,
waterbodies,groundwater,air quality,flora and fauna)?
Page 3 of 4
e
RECEIVED
No,or Moderate
JAN 12020 small to large
impact impact
eels may may
Zoning
Board Oi_ ,P_P___ _ occur occur
10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage
problems?
11. Will the proposed action create a hazard to environmental resources or human health?
Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every
question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular
element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3.
Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by
the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact
may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring,
duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-tenn and
cumulative impacts.
❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation,
that the proposed action may result in one or more potentially large or significant adverse impacts and an
environmental impact statement is required.
❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation,
that the proposed action will not result in any significant adverse environmental impacts.
Name of Lead Agency Date
Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer
Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer)
Page 4 of 4
APPLICANT/OWNER
TRANSACTIONAL DISCLOSURE FORM
The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and emolovecs The purpose of this
form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is
necessary to avoid same.
YOUR NAME• AWN7VA1 OM S
(Las(name,first n.fn c,middle initial,unless you arc applying in the name of someone else or other entity such ac a RECEIVED
company.If so,indicate the other person's or compan}'s name.)
TYPE.OF APPLICATION:(Check all that apply) JAN 20020
Tax grievance _ Building Permit
Variance Trustee Permit
Change of Zone Coastal Erosion Zoning Board Oi Appeals l
Approval of Plat_ Mooring -- - — -- --
Other(activity) Planning
Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or
employee of the'rown of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"
means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or
employment by)a corporation in which the town officer or employee owns more than 5%of the shares.
YES NO Y
If you answered"YES",complete the balance of this form and date and sign where indicated.
Name of person employed by the Town of Southold
Title or position of that person _
Describe the relationship between yourself(the applicant/agenth epresentative)and the town officer or employee.Either
check the appropriate line A)through D)and/or describe in the space provided.
]'he lose n otficer or employee or his or her spouse,sibling,parent,or child is(check all that apply)
4)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a
corporation)
R)the legal or beneficial owner of any interest in a tion-corporate entity(when the applicant is not a corporation)
C)an officer,director,partner,or en►ployce of the applicant;or
D)the actual applicant
DESCRIPTION OF RELATIONSHIP
Submitted this day of —,20
Signature °
Print Name M/A!TON
AGENT/REPRESENTATIVE JAN 2 12020
TRANSACTIONAL DISCLOSURE FORM
Zoning Board OfAppeals
The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and emplbVees-FIre`purpose-of-th'
form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is
necessary to avoid same.
YOUR NAME : KI14,Aa 11/WK51 A
(Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a
company.If so,indicate the other person's or company's name.)
TYPE OF APPLICATION: (Check all that apply)
Tax grievance Building Permit
Variance Trustee Permit
Change of Zone Coastal Erosion
Approval of Plat Mooring
Other(activity) Planning
Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or
employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"
means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or
employment by)a corporation in which the town officer or employee owns more than 5%of the shares.
YES NO )(—
If
If you answered"YES",complete the balance of this form and date and sign where indicated.
Name of person employed by the Town of Southold
Title or position of that person
Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee.
Either check the appropriate line A)through D)and/or describe in the space provided.
The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply)
A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a
corporation)
B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation)
C)an officer,director,partner,or employee of the applicant;or
D)the actual applicant
DESCRIPTION OF RELATIONSHIP
Submitted this 4 day of ��FN. ,20
Signature
Print Name /C�1.�i�L /�• lG���e�
70i'Appeals
Town of Southold JLWRP CONSISTENCY ASSESSMENT FORMZoning
A. INSTRUCTIONS 1.
1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for
proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This
assessment is intended to supplement other information used by a Town of Southold agency in
making a determination of consistency. *Except minor exempt actions including Building Permits
and other ministerial permits not located within the Coastal Erosion Hazard Area.
2. Before answering the questions in Section C, the preparer of this form should review the exempt
minor action list, policies and explanations of each policy contained in the Town of Southold Local
Waterfront Revitalization Program. A proposed action will be evaluated as to its significant
beneficial and adverse effects upon the coastal area(which includes all of Southold Town).
3. If any question in Section C on this form is answered "yes", then the proposed action may affect the
achievement of the LWRP policy standards and conditions contained in the consistency review law.
Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a
determination that it is consistent to the maximum extent practicable with the LWRP policy
standards and conditions. If an action cannot be certified as consistent with the LWRP policy
standards and conditions, it shall not be undertaken.
A copy of the LWRP is available in the following places: online at the Town of Southold's
website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all
local libraries and the Town Clerk's office.
B. DESCRIPTION OF SITE AND PROPOSED ACTION
SCTM# - Z D
The Application has been submitted to (check appropriate response):
Town Board 0 Planning Dept. 0 Building Dept. 9 Board of Trustees 0
1. Category of Town of Southold agency action(check appropriate response):
(a) Action undertaken directly by Town agency(e.g. capital 0
construction,planning activity, agency regulation, land transaction)
(b) Financial assistance(e.g. grant, loan, subsidy)
(c) Permit, approval, license, certification:
Nature and extent of action:
0,FTAlAl 04"NC� —510re &-P-9M14r-
liNcoM ly70A/ P 5ATZ0 Z&V PQ-2 V
Location of action: :!F/q4 64647',,az coalC 9,*v ezxg WoRez-
Site acreage: 16
Present land use: H12- P /1/ f'3 31
JAN 220
Present zoning classification: /�-
Zoning Board 01 Appeals e
2. If an application for the proposed action has been filed with the Town of Southord agency, the-fo-lIowing
information shall be provided:
(a) Name of applicant: R111N M& AMELM CABS 7RO,5T
(b) Mailing address: /Q/ LFL sPCP 4AAIG
A1,06cy C/7! N Y la 9-�-6
(c) Telephone number: Area Code( )
(d) Application number, if any:
Will the action be directly undertaken,require funding, or approval by a state or federal agency?
Yes ❑ No If yes,which state or federal agency?
DEVELOPED COAST POLICY
Policy 1. Foster a pattern of development in the Town of Southold that enhances community character,
preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and
minimizes adverse effects of development. See LWRP Section III-Policies; Page 2 for evaluation
criteria.
F-1 Yes ❑ NoNot Applicable
01) Al d 7- APPI-- 276 VACIAN 05 R.6061257-
Attach additional sheets if necessary
Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See
LWRP Section III-Policies Pages 3 through 6 for evaluation criteria
❑ Yes ❑ No Z Not Applicable
RECEIVED
--7393
JAN 2 fl 2020
Attach additional sheets if necessary
Zoning Board Oi F, eals
Policy 3. Enhance visual quality and protect scenic resources throughout the—'Fa Southold:--Se
LWRP Section III—Policies Pages 6 through 7 for evaluation criteria
Yes 0 No ® Not Applicable
7V-4AF U/Lr 4NQiLW PORC IS .479`.4��®
0V M-4 cc c OP YVE SC1J-2r1-A16G
(VG MI-rY A61OCK5 19AIX VISU. IgeA r.7-
Attach additional sheets if necessary
NATURAL COAST POLICIES
Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP
Section III—Policies Pages 8 through 16 for evaluation criteria
Yes 1:1 No � Not Applicable
,4r ffViZ.r,CtiCcar,5,P 10MV,1 111J73771LW Z41Y-f '
Attach additional sheets if necessary
Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III
—Policies Pages 16 through 21 for evaluation criteria
0 Yes 11 No 1PKK1 Not Applicable
ed-aCy '15-- /V a y .9-M, rD r!&T-?8®X�CT
Attach additional sheets if necessary
Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including
Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22
through 32 for evaluation criteria.
Yes 0 No X Not Applicable
POU C 6 N 07' MM, 7-0 7;115 M6ZErcr"
RECEIVED
739
jAll 25 1 LULU
Attach additional sheets if necessary Zontng Board Oi P,ppe-D s
Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III – Policies
Pages 32 through 34 for evaluation criteria.
❑ Yes [:] No R1 Not Applicable
PI)Ll CY I NO 7"APf'Z. To W/s PX'4)725c7_
Attach additional sheets if necessary
Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous
substances and wastes. See LWRP Section III–Policies; Pages 34 through 38 for evaluation criteria.
❑ Yes ❑ No ® Not Applicable
1-,='N a oma PeNo7-7
H Awy
N6 -4AZARO IE J' E1`WW� " IitlAJ' 6T INM96P
PUBLIC COAST POLICIES
Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public
resources of the Town of Southold. See LWRP Section III–Policies; Pages 38 through 46 for evaluation
criteria.
❑ YesEl No IX6 Not Applicable
0-2
Attach additional sheets if necessary
WORKING COAST POLICIES
Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in
suitable locations. See LWRP Section III–Policies; Pages 47 through 56 for evaluation criteria.
❑ Yes [:] No � Not Applicable
M-cy /0 )VQ7- A88—X, T'0 VARMAIGE RMWT
--__ ,
KtC'tj1lFp
t 12020 J—
Attach additional sheets if necessary Zoning Board OFAppeals
Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic
Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria.
❑ Yes ❑ No� Not Applicable
POL/cY 1> rAP6, 7-0 VAPAN C,' REQUEST
Attach additional sheets if necessary
Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III— Policies; Pages
62 through 65 for evaluation criteria.
❑ Yes 1:1 No R Not Applicable
l�Ugy `2 No i AP°PI. 7M VAANS 45 0/
C7-AtA2014& Po/KY OW &OP BrX d,R UYr-j" .so o ;C7--
Attach
tach additional sheets if necessary
Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP
Section III—Policies; Pages 65 through 68 for evaluation criteria.
0 Yes El No � Not Applicable
PFJcy d NDT-A-!'PL, 7-0 VARI NC4 ,��V�
Created on 512510511:20 AM
RECEIVED
7399
Board of Zoning AppeaIs Application JAN 21 2020
Zoning Board Of Appeais
AUTHORIZATION
(Where the Applicant is not the Owner)
residing at
(Print property owner's name) (Mailing Address)
A14W Cla MY 109.50 do hereby authorize
(.Agent)
HICMAE4 ill &ZYA CK to apply for variance(s)on my behalf froln the
Southold Zoning Board of Appeals.
(Owner's Signature)
(Print Owner's Name)
7-110HOS "tNyrOAl
FORM NO. 4
RE rEIVED
TOWN OF SOUTHOLD JAN 2 12020
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE zoning Board 01 Appeals
SOUTHOLD, N. Y.
CERTIFICATE OF OCCUPANCY
No. ..`�.,..3�Q......... Date ............................may..,1.9................195$....
THIS CERTIFIES that the building located atS/E..PecoY1l4e.-Bay. ..Blvd................... Street
Map No. .X=........................ Block No. ..........UXXX............... XM &. -Laure.j y... .X-j y.i. ..
conforms substantially to the Application for Building Permit heretofore filed in this office dated
......................t4f.t: .....29..................19.5, .., pursuant to which Building Permit No ... ...............,
dated ...................jp.....I ......19 m.., was issued, and conforms to off of the requirements
of the applicable provisions-of the law. The occupancy for which this certificate is issued is ............
...................................................1PR1VATT.P,...X4JPaUTNG.....................................................................
This certificate is issued to ....F...-Donald..Hart........(..Gter.)....................................................
(owner, lessee or tenant)
of the aforesaid building.
... . .� ,.......... ...... tA. ...... .
Building Inspector
meal NO. s
R IVSD
TOWN OF SOUTHOLD 3 9
BUILDING DEPARTMENT JAN 2 12020
Town Clerk's Office
Southold, N. Y. zoning Board Or,appeals
Certificate Of Occupancy
No. 2786 . . . . . Date . . . . . . . . . . . . . . 41.4. . .30. . . . ., 19. .7.7
THIS CERTIFIES that the building located at Psoonis .Bay.. .Blvd. . . .'. . . . Street
Map No. xx . . . . . . . . . Block No. .xx. . . . . . .Lot No. . xx. . . LaurAl. .R•.X•. . . . . . . . . . .
conforms substantially to the Application for Building Permit heretofore filed in this office
dated . . . . . . . . . Nov. . .22. . . ., 19,76. pursuant to which Building Permit No. .A9?BZ .
dated . . . . . . . . . . . .Bao .22. . . ., 1970. ., was issued, and conforms to all of the require-
ments of the applicable provisions of the law. The occupancy for which this certificate is
issued is .Private. .one. Samily.dwelling. . vith .addition. . A.alteration. . . .
The certificate is issued to .Charles. Minton. . . . .Qvnex. . . . . . . . . . . . . . . .. . . . . . . . . . . .
(owner, lessee or tenant)
of the aforesaid building.
Suffolk County Department of Health Approval Aok . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
UNDERWRITERS CERTIFICATE No. ponding. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
HOUSE NUMBER . .�jgo . . . . . . . Street . . Great. .Reconic. Ajay.Blvd.. . lausl. .
Building for
TOWN OF SOUTHOLD, NEW YORK
ACTION OF THE ZONING BOARD OF APPEALS DATE _Zun.G'_..1,j, 1964
Appeal No. 669 Dated May 25, 1964
ACTION OF THE ZONING BOARD OF APPEALS OF TIM TOWN OF SOUTHOLD
To Elizabeth M. Connors ,Appellant
Mattitubk
New York
at a meeting of the Zoning Board sof Appeals onThursday, June 11, 1964 the appeal`""------
REDip
was considered and the action indicated below was taken on your
Xt Request for variance due to lack of access to property
( ) Request for a special exception under the Zoning Ordinance JAN 2020
t X) Requesb for a variance to the-Zoning Ordinance U
t ) L
in Board Of-Appeals
- � .
1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be
granted ( ) be denied pursuant to Article ____.__.,—.Section ........ Subsection Subsection .. .__.__._ paragraph
._._ __. . of the Zoning Ordinance, and the decision of the Building Inspector ( ) be reversed ( ) he
confirmed because
7:40 P.M. (E.D.S.T. ) , upon application of Elizabeth M. Connors,
Mattituck, New York, for a variance and recognition of access in
accordance with the Zoning Ordinance, Article III, Section 303,
and Article X, Section 1000A, and the State of New York Town Law,
Section 280A, for permission to divide lots with insufficient
frontage and for approval of access. Location of property: south
side PeconiC Bays Blvd. , Laurel, New York, bounded north by Peconic
Bay Blvd. , east by A.H. Patterson, south byotber land of Connors,
west by S. D. Piquet.
2. VARIANCE By resolution of the Board it was determined that
(a) Strict application of the Ordinance (would)(would not) produce practical difficulties or unnec-
essary hardship because
SEE REVERSE
(o) The ibardsliip created (is) (is not) unique and (would) (would not) be shared by all properties
alike in the immediate vicinity of this property and in the same use district because
SEE REVERSE
(c) Tha variance (does) (does riot) observe the spirit of the Ordinance and (would) (would not)
change the character of the district because
SEE REVERSE
and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied
and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed.
APPROVED
Xj� i� 'T
2''j
ZONING BOARD OF APPMUZ
FORM ZB4
irman Board of Appeal
Barbara L. Carroza, Secretary
RECEIVED
7-3-9s
After investigation and inspection the Board finds that JAN 2 12020
Elizabeth Connors wishes to divide a lot and to obtain roval
of access. The Board finds that a gas line runs throug ring 5oard O Pl.ppea'ss
property, which would present a hardship when ready to build on
the lot. The Board feels that a variance could be granted on
this application, subject to restrictions for building on the lot.
The Board finds that the access requested is accessible to fire
trucks and other emergency equipment.
The Board finds that strict application of the Ordinance
will produce practical difficulties or unnecessary hardship;
the hardship created is unique and would not be shared by all
properties alike in the immediate vicinity of this property
and in the same use district; and the variance does observe
the spirit of the Ordinance and will not change the character
of the district.
Therefore, it was RESOLVED that Elizabeth Connors, Mattituck,
New York, be granted permission to divide lots with insufficient
frontage and be given approval of access, subject to the following
conditions: Any house build on lots #1 or 2 ,shall be a least 25
feet from the ,northmrly line of the property, no closer than
15 feet to the southerly line of the property, no -closer than 11
feet to the westerly and easterly line of the property as defined.
RECEIVED
\ JAN 2 12020
Zoning Board Oi appeals
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RECEIVED
BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S A CTS 73
3 8
(INDIVIDUAL OR CORPORATION) /U
JAN 2 12020
FORM 8007
CAVr(ON;Mus AGREEMENT sHouw BE PREPARED BY AN ATTORNEY AND RMEWED BY ATTORNEYS FOR sm i ESo n i n
PURCHASERBEPORESIGNING. g Board O-111
i kpp�als
THIS INDENTURE,made the Ato 20 0
between
May Minton,residing at 5194 Great Peconie Bay Boulevard,Laurel,NY 11952
party of the first pan,and
Thomas G.Minton,residing at 101 Birch Lane,New City,NY 10956,as trusts;of the Mary Minton Irrevocable
Trust,dated August 16,2007
party of the second pan,
WITNESSETH,that the patty of the first part,in consideration of Ten Dollars and No Cents($10.00),
lawful money of the United Statm paid by the party of the second part,docs hereby grant and release unto the
party of the second pan,the heirs or successors and assigns of the party of the second pan forever,'
ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected,
situate,lying and being in the
See Sehedstk A anaeked
BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by doed dated
April 5,2006 and recorded in the Office of the Suffolk County Clerk on May 4,2006 in Libor 12448,Page 746.
TOGETHER with all right,title and interest,if any,of the party of the first pan in and to any streets;and
roads abutting the above described premises to the center lines thereof,
TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said
premises,
TO HAVE AND TO HOLD the premises herein granted unto the party of the second pam the heirs or
successors and assigns of the party of the second part forever.
AND the patty of the first pan,covenants that the party of the first part has not done or suffered anything
whereby the said premises have been encumbered in any way whatever,except as aforesaid.
AND the party of the first pan,in compliance with Section 13 of the Lion Law,covenants that the party of
the first pan will receive the consideration for this conveyance and will hold the right to receive such consideration
as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first
to the payment of the cost of the improvement before using any part o f the total of the same for any other purpose.
The word"party'shall be construed as if it read"parties"whenever the sense of this indenture so requires.
INWITNESS WHEREOF,the party of the fust pan has duly executed this deed the day and year first above
written.
IN PRESENCE OF:
Mary Minton
i
NYSBAY R®Wtn W Roel Estate Fema(9100) 0202 Mwb w Soda&Co.,a Dumber ohhe LabNexis Group.
RECEIVED
Minton to Minton;as trustee JAN 21 2020
Premise:5194 Great Peconle Bay Blvd.,Laurel,NY
SCHEDULE Zoning Board Oi gppeals
A.)LL that enuinplot piece or p ueel of 1=4 with the buiul p and improve=tv thereon emceed, du ate,
lying and being ii at Laurel, Town of Southold, County of Suffolk and
State of New York, bounded and described as follows$-
BEGINNING at a motiument on the boundary line between land now 6r formerl;
of Elizabeth M. Connors and land of Piquet, said monument being 200 feet
Southerly as measured along the ,Easterly boundary line of Piquet from
Great Peconic Bay Boulevard and from said point of beginning:
RmiNG THM4CE along land of Elizabeth M. Connors North 39 degrees 39
minutes 10 seconds Bast 97.96 feet to-land now or formerly'of Patterson;
.TFim= along land now or formerly of Patterson, South 17 degrebe 55
iaiautes 30 seconds Bast 85.00 feet to land now or formerly of Frederick
W. Baker; THSNCE along land now or formerly of Frederick W. Baker South
;39-degrees 39 minutes 10 seconds West 97.96 feet to land'of fiquit;. ' -
�CE along land of Piquet North 17 'degrees 55 minutes 30 seconds West
85.00 feet to the point or place of Beginning.
SM EPT to and together with a right of way 15 feet wide from said
Pecopic Bay Boulevard Soutberly about 560 feet to Peconic Bay; the East-
erly line of said portion of said right of way being the Easterly bound-
ary of said land herein conveyed and the Westerly line bieng parallel
with and 15 feet Westerly therefrom and crossing the hereinabove do-
pscri8ed premises, and the Northerly and Southerly boundaries of the said
portion of the said right of way being extensions of the Northerly and
Southerly boundaries of the parcel described in the preceding paragraph.
The portion of the-said right of-way ,herein conveyed is subject to the
right and privilege of other owners of parcels of said land adjacent to
the right of way 'owned by F. Donald Hart to use in common exclusively
with other owners of such parcels, their tenants and invitees.
. BEING AND INTENDED TO BE phrt of the said premises conveyed to the
grantor herein by deed dated November 2, 1960 and recorded in the Suffol
County .Clerk's Office on December 7, 1960 in Liber 4918 at page'200 of
deeds.
RECEIVED
Acknowledgment by a Pelson Within New York State(RPL§309-a) -7(32 b
FJANI 12020
STATE OF NEW YORK
COUNTY OF SUFFOLK )as.:
� Zoning Board Orr,appeals
On the day ofin the year_before me,the undersigned,
personally appeared Mary Minton,persona ly known to me or proved to me on the basis of satisfactory evidence
to be the individual whose acme is subscribed to the within instrument and acknowledged to me that she
executed the same in her capacity,and that by hear signature on the instrument,the individual,or the person upon
behalf of which the individual act ,executed the instrument.
FREDERICA CW 90RNE
Notary Public,Stets eq Now Wbrk
No,01CL61
Notary Public Qualified in Guffo�t
�ocnrnisslon QunW
Explrsa Apra 1 —
Bargain and Sale Deed
WNL Covess at Aplot Crastar9 Acts SEC71ON L28
TITLE No.tJ — BLOCK 2
LOT 20
COUNTYORTOWN SuRolkCcuaty
Mary Mlatm STREET ADDRESS 5191 Creat Paeaota Bay Boulavard
Lasrel,NY 11952
TO
7b=u C.Mintm,as t since
RNnn Ly 5taa to:
Gralde&GraL1c,LLP
162 Terry Road
Smubtown,NY 11787
NYSBA'1 Raldendol Rod&we Famis(0/00) 0200.Mohm Benda&Ca,a minabur ohne 12dsNals Group.
2-
JUDITH T.TERRY _� 'fes Town Hall, 53095 Main Road
TOWN CLERK y P.O. Box 1179
REGISTRAR OF VITAL STATISTICS p� �� Southold,New York 11971
MARRIAGE OFFICER Fax(516) 765-1823
RECORDS MANAGEMENT OFFICER ��.( �� Telephone (516) 765-1800
FREEDOM OF INFORMATION OFFICER
R1
,1
OFFICE OF THE TOWN CLERK ✓//Q�
TOWN OF SOUTHOLD JAN 21 2020
SOUTHOLD WASTEWATER DISPOSAL PERMI
CONSTRUCTION OR ALTERATION PERMIT Zo�in� o3oaro Gi Appeals
SEPTIC TANK or CESSPOOL
Permit No. 1681 R Residential X Non-Residential
Fee $ 10.00 Septic Cesspool X
PERMIT ISSUED TO:
Name : PECONIC CESSPOOL.
Address 1 : P. 0. BOX 972
City St Zip MATTITUCK NY 11952
Descripton of Proposed Construction or Alteration
REPLACE OLD CESSPOOL WITH A NEW TYPE.
APPROVED AS SUBMITTED. MAINTAIN REQUIRED SETBACKS FROM ADJACENT WELLS
BUILDINGS, PROPERTY LINES, AND WATER BODIES. EXCAVATION INSPECTION
REQUIRED.
Name Of Owner MINTON, CHARLES AND MARY
-------------------------------
Mailing Address 1 P. 0. BOX 778
------------------------------
------------------------------
City St Zip MATTITUCK NY 11952
-------------------- -- ----------
Property Address 1 5195 PECONIC BAY BLVD.
------------------------------
------------------------------
City St Zip LAUREL NY 11948
---------------•----- -- ----------
Tax Map No. section 128.00 block 2 lot 20.000
------ --- ------
Cross Street
------------------------------
Building Permit Number Cross Reference:
----------------------------------
Issue Date: 6/04/97 Judith T. Terry
-------- Southold Town Clerk
(TOWN SEAL)
•Y ; . TOWN OF SOUTHOLD P OPERTY RECORD CARD
OWNER STREET VILLAGE DISTRICT •&Q@5L. LOT
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Minton residence: 2001 � � �` �' � Legend
5194 Great Peconic Bay Blvd
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RECEIVED
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JAN 2 12020
Zoning Board 01 Appeals
BED 100M #1 LIVING ROOM
IG- 17-
Ilex 12 C316
9 F KITCHEN ., _
f �-- (150
1 -WEN50 5 F) UP c, cq"x 12,
10
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za
FIRST FLOOR PLAN
SCALE.
RECEIVED
JAN 2 12020
o
Z ning Board 01 Appeals
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ELIZABETH A.NEVILLE,MMC �� r/y Town Hall, 53095 Main Road
TOWN CLERK O= :! P.O.Box 1179
CA Z Southold,New York 11971
REGISTRAR OF VITAL STATISTICS S Fax(631)765-6145
MARRIAGE OFFICERy� ot� Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER �j �a
FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO: Southold Town Zoning Board of Appeals
FROM: Elizabeth A.Neville
DATED: January 23, 2020
RE: Zoning Appeal No. 7388
Transmitted herewith is Zoning Appeals No. 7388 for Minton Irrevocable Trust (Minton,
Thomas
The Application to the Southold Town Zoning Board of Appeals
Applicant's Project Description
Questionnaire
Agricultural Data Statement
Short Environmental Assessment Form
✓ Applicant/Owner Transactional Disclosure Form(s)
-ZAgent/Representative Transactional Disclosure Form(s)
LWRP Consistency Assessment Form
Notices) of Disapproval
Board of Zoning Appeals Application Authorization
,//Certificate(s) of Occupancy
Findings, Deliberations and Determination Meeting(s)
Action of the Board of Appeals
Photos
Correspondence-
,/Copy of Deed(s)
Building Permit(s)
Property Record Card(s)
✓ Survey/Site Plan
✓Maps-
YDrawings
Misc. Building Dept. forms (Certificate of Compliance, Housing Code Inspection, ect.)
Misc. Paperwork-
Town of Southold
P0Box 1179
Southold, NY 11971
* * * RECEIPT * * *
Date: 01/23/20 Receipt#: 265753
Quantity Transactions Reference Subtotal
1 ZBA Application Fees 7388 $500.00
Total Paid: $500.00
Notes:
Payment Type Amount Paid By
CK#1106 $500.00 Minton Irrevocable Trust
(Minton, Thomas
Southold Town Clerk's Office
53095 Main Road, PO Box 1179
Southold, NY 11971
Name: Minton Irrevocable Trust(Minton, Thomas)
101 Birch Ln
New City, NY 10956
Clerk ID: JENNIFER Internal ID 7388
ZBA TO TOWN CLERK TRANSMITTAL SHEET
(Filing of Application and Check for Processing)
DATE : January 22, 2020
ZBA# NAME OF APPLICANT CHECK# AMOUNT TC DATE STAMP
MINTON
7388 IRREVOCABLE 1106 $500-00 RECEIVED
TRUST (Minton,
Thomas)
i
S uthold Town Clerk
TOTAL $500.00
Sent via Inter-Office to Town Clerk by: ES
Thank you.
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RECEIVED
SOUTHOLD BOARD OF APPEALS:#7388 (Minton) Zoning Board Of Appeals
PRIOR FINDINGS, DELIBERATIONS AND DETERMINATIO
REQUEST FOR VARIANCE FOR LESS THAN REQUIRED REAR YARD
SETBACK, ARTICLE XXIII SECTIO14 280-124 OF THE BULK SCHEDULE
1. ZBA File: 5611 Approval of additions with alterations to existing
structure with less than conforming rear and side yard setbacks.
2. ZBA File: 6099 Approval to additions and alterations to existing
structure with less than side yard and rear yard setbacks
3. ZBA File: 7244 Approval to demolish existing structure and
construct new dwelling with less than the code required rear yard setback
of 35 feet (10.7 feet)
Rev7sans --- -- -----_ /` --- ---- --
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is
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�SUFFO(,{ .
APPEALS BOARD MEM13ERS p�► OG, Southold Town Hall
Ruth D. Oliva, Chairwoman �� 53095 Main Road
Gerard P. Goehringer y ` RECEIVED O. Box 1179
Lydia A.'Cortora a ` ' t3� Sout old,NY 11971-0959
Vincent Orlando y �!� V / Te . (631) 765-1809
James Dinizio, Jr. JUN 3 ® 2020 Fa (631) 765-9064
http:/-snutholdtown.north o .7AiQg Board Of Appeals qj-&-4RECEIIVED
BOARD OF APPE:ALS I.cj,)
TOWN OFSOUTHOLD JAN 7\/2\005 /
FINDINGS, DELIBERATIONS AND (DETERMINATIONS®u�lTol7wn ti
MEETING OF DECEMBER 2, 2004 Clerk
ZBA Ref. 5611 — Salvatore and Margaret Detrano
Property Location: 5388 Great Peconic Bay Blvd, Laurel; CTM Parcel 128-2-14.
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 ll category of the State's List of Actions,
without an adverse effect on the environment if the project is implemented as planned.
PROPERTY FACTS/DESCRIPTION: The applicant's 14,070 sq. ft, parcel is improved with a two-
story frame dwelling and detached garage as shown on the January 16, 2003 survey prepared by
Barrett, Bonacci & VanWeele, P C. The property has frontages: (a) along a 15' wide dirt road along
the western edge, and (b) along a 10 wide right-of-way easement along the eastern edge of this lot
BASIS OF APPLICATION: Building Department's August 24, 2004 Notice of Disapproval, citing
Sections 100-242A and 100-2448, in its denial of a building permit to construct proposed additions
with alterations to the existing dwelling. The reason stated in the disapproval of the new
construction is that there will be an increase in the degree of nonconformance with front and rear
yard setbacks at less than 35 feet.
FINDING:) OF FACT
The Zoning Board of Appeals held a public hearing on this application on November 18, 2004 at
which time written and oral evidence were presented. Based upon all testimony, documentation,
personal inspection of the property, and other evidence, the Zoning Board finds the following facts to
be true and relevant:
AREA VARIANCE RELIEF REQUESTED: The applicant wishes to construct additions and
alterations to the existing dwelling. The easterly setback is proposed at 20.5 feet and the westerly
setback at 21.75 feet, at its closest points to the property lines, as shown on the preliminary plans
prepared by Boulveard Planning East, P.C. dated 8-12-04.
REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and
personal inspections, the Board makes the following findings:
1. Grant of the variance will not produce an undesirable change in the character of the
neighborhood or a detriment to nearby properties. Applicant's 'property is a long, narrow lot,
accessed by a private right-of-way, which serves as the 'Front yard property line. The proposed
additions will be in keeping with the scale and character of the neighborhood.
+ I
Page 2-December 2, 2004
File No. S. and M. Detrano
CTM Id: 128-2-14
REC VED
JUN 3, 0 2020
Zoning Board Of Appeals
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 lot is extremely narrow and the front and rear
yard setbacks of the existing dwelling are nonconforming. Without variances, the applicant would be
unable to create any additions to the existing dwelling.
3. The variance granted herein is not substantial and represents a 12 ft. +- reduction in the existing
front and rear yard setbacks.
4. The difficulty has been self-created.
5. 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.
6. Grant of the requested relief is the minimurn action necessary and adequate to enable the
applicant to enjoy the benefit of additions, 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 Tortora, seconded by
Member Goehringer, and duly carried, to
GRANT the variance as applied for, as shown on the preliminary plans prepared by
Boulveard Planning East, P.C. dated 8-12-04.
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 ar}d other features as are expressly
addressed in this action.
Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehrir, -rorto� , a&d D' izio. (Member
Orlando was absent.) This Resolution was duly adopted (4-0). A �-
Vincent Orlando, Acting Uairman- t2 04
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APPEALS BOARD N1RBERS Mailing Addr��ti.
of soar
James Dinizio, Jr O�� y�! Southold Town Hall
Gerard P. CJor hringer C > n O 53095 Main Road - P.O Box 1 179
Ruth D. Oliva I #t Southold. NY 11971-0959
Office Location:
Michael A. SimonD Town Annex/First Floor. North Fork Bank
Leslie Kanes WeismanI�CQ� _54375 Main Road(at Youngs Avenue)
Southold, NY 1197
http://sotitholdtown.northfork.net
ZONING BOAIRD OF APPEALS � RECEIVED
TOWN OF SOUTHOLDp: �), � •�' 3
Tel. (631)765-1809 -Fax (631) 765-9064 JAN 2 8 2008
FINDINGS, DELIBERATIONS AND DETERMINATIO5� _ Q
h° t�ei e lS
MEETING OF JANUARY 10, 2008
ZB File# 6099 - HEINZ and BRIGITTA ROSIN
T�
Property Location: 5610 Peconic Bay Boulevard, Laurel CT 128- b�'
SEQRA DETERMINATIO V: The Zoning Board of Appeals has visited71 90 'e'
!Eli
consideration in this application and determines that this review falls under the 'Type 11
category of the States List of Actions, without further steps under SEQRA.
SUFFOLK COUNTY ADM=INISTRATItiT, COLE: 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 December 3, 2007 stating that this application is
considered a matter for local determination as there appears to be no significant county-wide or
inter-community impact.
PROPERTY FACTS/DESCRIPTION: The applicants' 21,533 square foot lot_is located in the
R40 Low-Density Residential District with 91.25 feet along Peconic Bay Boulevard and is
improved with a two-story house with an upper and lower deck, an accessory shed and one-story
accessory garage, as shown on a 10-20-2006 survey, revised 01-22-2007 by John C. Ehlers.
BASIS OF APPLICATION: Request for Variances under Section 280-124, based on the Building
Inspector's September 21, 2007 Notice of Disapproval concerning as-built addition(s) and
alterations to the existing single-family dwelling with a single side yard setback at less than 15
feet and rear yard at less than 50 feet.
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on December 20, 2007, at
which time written and oral evidence were presented. Based upon all testimony,
documentation, personal inspection of the property, and other evidence, the 'Zoning Board finds
the following facts to be true and relevant:
AREA VARIANCE RELIEF REQUESTED: The applicant is requesting a variance for as-built
deck on the south side of the dwelling, which deck is 10.7 feet from the easterly side property
line and 16.7 feet from the rear yard lot line, at its closest points. The property contains a non
Page 3—January 10,
JZB File No.6099—H. vB Rosin RECEIVED
CTM No 128-2.10 -7�Q
JUN 3 0 20(20
Zoning Board
Of gppeals
Grant the variance as applied for, as shown on the 10-20-2006 survey revised 01-22-2007
by John C. Ehlers, and July 26, 2007 Diagram Sheets 1 (Perspective View Sheet), 2
(First Floor) and Sheet 3, all prepared by Joseph Fischetti, P.E., subject to the following
Condition:
The deck shall remain open to the sky.
The above condition shall be written into the Building Inspector's Certificate of Occupancy,
when issued.
Any deviation from the variance given such as extensions, or demolitions which are not shown
on the applicant's diagrams or survey site snaps, 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 ncnco�nformmit
Vote of the Board: Ayes: Members Goehringhai" rman'), a, Din zio, Si n and Weisman.
This Resolution was duly adopted (5-0).
GE D P. GOEHRINGE , CHAI
roved for Filing 01/ /2008
'Page 2—January 10, l lie M
ZB File No, 6099-H. axTci B.Rosin
CTM No. 128-2-10
conforming lot area of 21,(533 square feet in this R-40 Low-Density Residential Zone District.
This deck construction is not permitted under Article XXIII, Section 280-124, for the reason
that nonconforming lots measuring between 20,000 and 39,999 square feet require a single
minimum side yard setback distance at 15 feet and minimum rear yard setback distance of 50
feet.
REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted
and personal inspections, the Board makes the following findings:
1. Town Law §267-b(3)(b)(3)(1). Grant of the variance will not produce an undesirable change
in the character of the neighborhood or a detriment to nearby properties. Many of the homes
along Peconic Bay Boulevard are built in a similar fashion, and adjacent to this property is a
long, private right-of-way mirth at least one home built along it These properties have garages
on the north end of the properties so as to afford views of the water from the homes, and which
leaves the homeowners with a smaller rear yard in which to build any structure. There is only
49,2 feet and the rear yard lot line between the rear of the applicant's house (without the deck).
The existing side yard measured from the house is 27.2 feet to the west lot line and only five (5)
feet to the east lot line, which makes it difficult to meet the required setback on a single yard
setback of 15 feet, and the small rear yard does not allow for the code-required minimum rear
yard setback at 50 feet.
2. Town Law §267-b(3)(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 remaining yard
is front yard in which an 18.4 ft. by 36.4 ft. garage exists -to the north of the house, which places
the preferred location for a deck at the southern side of the house, which portion of the lot
leaves a small area in which to build a deck for outdoor enjoyment
3. Town Law §267-b(3)(bW31. The variance requested herein is not substantial, considering the
placement of the existing structures. The lot is heavily landscaped and is almost invisible from
nearby properties.
4. Town Law §267•b(3)(b)(lD_, The difficulty is not self created and is based on the small area
left for a rear yard and side yard.
5. Town Law 267-b8 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 lot is heavily vegetated and the deck will not be an eyesore to the
neighbors.
6. Grant of the relief requested is the minimum action necessary and adequate to enable the
applicant to enjoy the benefit of his property, 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 267-13, motion was offered by Member Oliva,
seconded by Member Weisman, and duly carried, to
BOARD MEMBERS Ce
Southold Town Hall
Leslie Kanes Weisman,Chairperson53095 Main Road.P.O. Box 1179
Patricia Acampora 2 �� Southold,NY l1971-0959
Office Location:
Eric Dantes Town Annex/First Floor,
Robert L,ehnert,Jr. � y® 54375 Main Road(at Youngs Avenue)Nicholas Planamento Southold,NY 11971
,i�,
http:/isoiithc.ldtowntiy.gov RECEIVED
ZONING BOARD OF APPEALS f;ka @ g"S10 4M
TOWN OF SOUTHOLD MAY 3 0 2019
Tel.(631)765-1809•Fax (631) 765-9064 0
FINDINGS, DELIBERATIONS AND DETERIMINA
MEETING OF MAY 23, 2019 3
zBA FILE; 7244 JUN 3 0 2020
NAME OF APPLICANT: Ronald Coons
PROPERTY LOCATION: 5206 Peconic Bay Boulevard, Laurel SCTM No. iME_t19gd Of Appeals
SEORA DETERMINATION• The Zoning Board of Appeals has visited the property under consideration in this
application and determines that this review falls under the Type II category of the State's List of Actions, without
further steps:under SEQRA.
SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk
County Administrative Code Sections A 14-14 to 23, ane the Suffolk County Department of Planning issued its
reply dated October 26, 2018 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 DETE'RMINATION: 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.
TOWN OF SOUT'HOL D OFICE OF THE ENGINEER: The application was referred to the Office of the Engineer
for comments and recommendations. The Engineer issued recommendations dated December 18, 2018 which
included; shifting the location of the proposed structure one foot in the easterly direction, sediment controls to be
considered to prevent excess stormwater from being direct:d to neighboring properties, recalculations be amended
for a forrnallstornrwater review to be conducted at the time of Building Permit application, and that a New I.A.
Sanitary System be constructed with the approval of the Suffolk County Department of Health Services
PROPL-'RT'Y: ACTS/DESC!RIPT'ION. The subject parcel is a non-conforming 10, 507 sq. ft. parcel located in air
R-40 Zoning,District. The property has access through a right of way from Great Peconic Bay Boulevard The
property has a frontage of 137 16 Peet which at the south end runs westward 88. 79 ft, returning northward 117 ft,
then running east 97. 96 it. The subject parcel has a 15 ft. wide right of way running through the front yard which
provides access to the parcel and to the neighboring parcel to the south. The subject lot is currently improved with
a two-story frame residence, and an accessory shed as shown on the survey prepared by John C. Ehlers, LS dated
September 19, 2017.
BASIS OF APPLICATION: Request for Variances under Article III, Section 280-15; Article XXIII, Section 280-
124; and the Building Inspector's September 27, 2018, Notice of Disapproval based on an application for a permit
to demolish an existing dwelling and construct a new single family dwelling, at; 1) less than the code required
minimum front yard setback of 35 feet, 2) less than the code required minimum rear yard setback of 35 feet; 3) an
Page 2, May 23, 2019 RECEIVED
#7244, Coons —7-332
SCTM No. 1000-128-2-21 JUN 3 0 2020
Zoning Board Of
Appeals
existing shed located in other than the code required rea: yard; at. 5206 Great Peconic Bay Blvd , Laurel, NY
SCTM#1000-128-2-21.
RELIEF RETESTED: The applicant requests a variance to reduce the front yard setback for a proposed new
residence from the required 35 feet to 27. 8 ft and reduce the rear yard setback from the required 35 feet to 10. 7
feet. The applicant also requests a variance to maintain an existing accessory shed in its current location which will
becorne a the non-conforming side yard upon construction of the new dwelling.
ADDITIONAL INFORMATION: At the March 14, 2019 hearing testimony was given by the applicant's attorney
pertaining to the request for setback relief frorn the code and the existence of public water at the site. In addition,
the representative discussed with the board the applicant's intention to install an Advanced M sanitary system on
the property, The 15 feet right of way was also discussed pertaining to drainage, and setback issues. The owner of
the property testified to the fact that the entire existing structure was going to be removed, along with the existing
foundations,
A letter dated March 22, 2019 from the applicant's representative was received along with exhibits including
photographs of comparable relief issued to other properties in the neighborhood
At the May 9, 2019 public; hearing testimony was given by the applicant's attorney as to the character of the
neighborhood as he described orientation of the houses in the surrounding area. An aerial photo was introduced
into the record that shoed the adjoining houses with the same orientation that is proposed for this project. The
applicants architect testified that the house could not be brought into more conformity with the limitations of the
property Both the attorney and the architect for the project attested to the need for an IA sanitary system for the
Property.
I'INDINGS OF FACT/REASONS FOR BOARD AC'T'ION:
The Zoning Board of Appeals held a public hearing on this application on March 14 & May 9, 2019 at which time
written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the
property and surrounding neighboih-ood, and other evidence, the Zoning Board finds the following facts to be true
and relevant and makes the following findings:
1. Town LaNv ti267-b(3)(b)(I). Grant of the variances will not produce an undesirable change in the character of
the neighborhood or a detriment to nearby properties. As per an aerial photo entered into the record by the
property owner's attorney, the adjacent houses all have the same orientation on their properties in relation to the
water. The proposed residence is also not out of scale to 'he adjoining houses. The existing shed is common to
many adjoining properties and is only in need of a variance due to the proposed construction,
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. Due to the irregular shape of the property, almost any
proposed construction on the site would require variance :elief, particularly given the orientation on the subject
parcel of the proposed dwelling, which is consistent with neighboring houses, all of which are sited to take
advantage of water views, Therefore, it would be very difficult to fit a house that is in character with the
surrounding neighborhood on the properly without variance relief.
3. Town Law §267-b(3)(b 3 . The variances granted herein are mathematically substantial; the front yard
setback representing 20 % relief from the code, the rear yard setback representing a 69% relief from the code, and
the location of the shed representing 100% relief from the code. However, the surrounding neighbors' houses are
1 /
RECEIVED
Page 3, May 23, 2019 �3 2Z
47244, Coons JUN 3 0 2020
SCTM No, 1000-128-2-21
Zoning Board Of A
Ppoals
similarly oriented toward the water and have similar setbacks due to the small properties in the neighborhood and
the existence of an easement required to access homes frorn Peconic Bay Boulevard. The as built shed is less than
100 square feet and is logically placed on the subject property with no adverse impact
4 Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential
community will have an adverse impact on the physical or environmental conditions in the neighborhood. The
applicant must comply with Chapter 236 of the Town's Storm Water Management Code and the conditions
imposed by this board.
5. Town Law &267-b(31(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the
Zoning Code was to 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 X267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the
applicant to enjoy the benefit of a new single-family residence with a shed 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 Lehnert, seconded by Member Dantes, and duly
carried, to
GRANT the variances as applied for, and shown on the site plan prepared by Mark Schwartz, Architect and dated
December 21,2018 and the architectural plans by Mark Schwartz, Architect dated 08/28/2018.
SiJBJLC'r TO FOLLOWING CONDITIONS_
1. The applicant shall install an alternative I.A. wastewater treatment system as approved by the
Suffolk County Department of Health.
2. The proposed porch shall remain unenclosed and unconditioned.
That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued.
Any deviation fi•orn the survey, site plan and/or architectural drawings cited in this decision will result in delays
andlor a possible dental by the Building Department of a building permit, and ntay 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 tinder this application when
involving nonconformities under the zoning code. This action does not authorize or condone any current or fiiture
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. In the event that an approval is granted
subject to conditions, the approval shall not be deemed eff active until the required conditions have been met; and
failure to comply therewith hill render this approval null and void.
The board reserves the right to substitute a similar design that is de minin is 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
TYPESET: I n Jun 26 12 53.38 EDT 2020
dwelling; at 1) less than the code required NY.SCTM No. 1000-40-2-i1.
LEGAL NOTICE minimum rear yard setback of 35 feet;located 2:00 P.M.-HARD CORNERS PROPER-
SOUTHOLD TOWN ZONING BOARD at-5194 Great Peconic Bay Blvd,Laurel,NY. TIES,LLC#7387-Request for a Variance-
OF APPEALS SCTM No. 1000-128-2-20. from Article X, Section 280-46 and the
THURSDAY,JULY 9,2020 at 9:00 AM 10:50 A.M.-MAUREEN BENIC#7389- Building Inspector's January 14,2020 Notice
PUBLIC HEARINGS Request for a Variance from Article III,Sec- of Disapproval based on an application to
This PUBLIC HEARING will be held tion 280-15 and the Building Inspector's No- construct a mixed-use commercial building
virtually via the Zoom online platform Pursu- vember 21,2019 Notice of Disapproval based with accessory apartments and four single
ant to Executive Order 202.1 of New York on an application for a permit to legalize an family dwellings upon a 99,208 sq.ft.parcel;
Governor Andrew Cuomo in-person access "as-built"accessory pergola;at 1)located in at, 1) one commercial and four residential
by the public will not be permitted. other than the code required rear yard;located uses upon a single parcel measuring less than
The public will have access to view,listen at:375 North Parish Drive,(AdJ to Southold the minimum allowed 100,000 sq.ft in total
and make comment during the meeting as it is Bay)Southold,NY.SCI'M No.1000-71-1-4. area,located at:53530 Main Road,Southold,
happening via Zoom Details about how to 11:00 A.M.-ERIC FREND#7370-Request NY SCTM NO. 1000-61-4-1
tune in and make comments during the meet- for a Variance from Article XXIII, Section The Board of Appeals will hear all persons
ing are on the Town's website agenda for this 280-124 and the Building Inspector's October or their representatives,desiring to be heard at
meeting which may be viewed at http•//www. 7,2019,Amended October 30,2019 Notice of each hearing,and/or desiring to submit writ,
southoldtownny.gov/agendacenter.Addition- Disapproval based on an application for a ten statements before the conclusion of each
ally,there will be a link to the Webinar zoom permit to construct an accessory shed at, 1) hearing. Each hearing will not start earlier
meeting at http Hwww souiholdtownny.gov/ more than the code permitted maximum lot than designated above Files are available
calendar aspx. coverage of 20%, located at 3690 Great for review on The Town's Weblink/
If you do not have access to a computer or Peconic Bay Blvd.Laurel,NY.SCTM#1000- Laserfiche under Zoning Board of Appeals
smartphone,there is an option to listen in via 128-6-6. (ZBA)+oatd Actions*ending.Click Link:
telephone. You may join by Telephone: +1 11:10 A.M.–ANTHONY NAPPA#7406- http://24,38.28.228:2040/weblink/
646 558 8656,Webinar ID:984 2067 7181, Request for a Variance from Article III,Sec- Browse.aspx?dbid=0.If you have questions,
Password- 435764. Call the ZBA office at tion 280-15 and the Building Inspector's Jan- please telephone ouroffice at(631)765-1809,
631-765-1809 for help uary 28,2020,Notice of Disapproval based or by email.kimf@southoldtownny.gov
10:00 A.M. - A L E K S A N D E R on an application for a permit to construct an Dated:June 25,2020
MYFTARAGO #7346 – (Adjourned from accessory in-ground swimming pool; at, 1) ZONING BOARD OF APPEALS
January 2,2020)Request for Variances from located in other than the code required rear LESLIE K A N E S W E I S M A N,
Article IV, Section 280-15; Article XXIII, yard;located at:425 Jacobs Lane,Southold, CHAIRPERSON
Section 280.124,and the Building Inspector's NY.SCTM No. 1000-88-1-1.5 BY.Kim E.Fuentes
July 30, 2019, Amended January 17, 2020 1:00 P.M. - SOLUTIONS EAST, LLC 54375 Main Road(Office Location)
Notice of Disapproval based on an applica- #7379–(Adj.from March 5,2020)Request 53095 Main Road(Mailing/USPS)
tion for a permit to legalize an "as built" for a Variance from Article III, Section PO.Box 1179
accessory garage and demolish an existing 280-15 and the Building Inspector's Novem- Southold,NY 11971-0959
single family dwelling and construct a new ber 19,2019,Notice of Disapproval based on 2480830
single family dwelling,at, 1)accessory ga- an application for a permit to construct an
rage located less than the code required mini- accessory garage;at,1)located in other than
mum rear yard setback of 3 feet;2)accessory the code permitted rear yard,located at 1055
garage located less than the code required North View Drive, Orient, NY. SCTM No
minimum side yard setback of 3 feet,3)con- 1000-13-3-1.
struction more than the code permitted maxi- 1:10 P.M. - ALEXANDRA BAUMRIND
mum lot coverage of 2001o;located at 135 Oak #7393-Request for a Variance from Article
Place, Mattituck, NY. SCTM No. XXII,Section 280-105 and the Building In-
1000-142-1-I1 spector's January 2,2020,Notice of Disap-
10:10 A.M.-RHODA M.URMAN AND proval based on an application to construct an
STEPHEN SPILLER#7383-Request for a 8 foot deer fence;at, 1)more than the code
Variance from Article XXIII, Section permitted maximum four(4) feet in height
280-124 and the Building Inspector's De� when located in the front yard,located at 1965
cember 11, 2019, Notice of Disapproval Mulberry Street,Cutchogue,NY.SCTM No.
based on an application for a permit to con- 1000-83-2-12 1.
struct additions and alterations to an existing 1:20 P.M. - ALEXANDRA BAUMRIND
single family dwelling; at, 1) less than the #7394-Request for a Variance from Article
code required minimum front yard setback of XXII,Section 280-105 and the Building In-
35 feet,located at 85 Lake Court,Southold, spector's January 2,2020,Notice of Disap-
NY SCTM No. 1000-59-5-8 3. proval based on an application to construct an
10:20 A.M. - PAUL M. FRIED AND 8 foot deer fence;at, 1)more than the code
ELIZABETH O'BRIEN FRIED#7385SE permitted maximum four (4) feet in height
::Request for a Special Exception under Town when located in the front yard,located at 2215
Code Article 111, Section 280-1313(13), the Mulberry Street,Cutchogue,NY SCTM No
Applicants are the owners of subject property 1000-83-2-12 2.
requesting authorization to legalize an Acces- 1:30 P.M. - RIMOR DEVELOPMENT,
sory Apartment in an existing accessory LLC HARVEST POINT CONDOMIN-
structure;located at 1050 Hyatt Road,South- IUM#7398 - Request for a Variance from
old,NY SCI'M#1000-50-1-13 1. Article XXII, Section 280-105A and the
10:30 A.M.-860 BAYVIEW DRIVE,LLC Building Inspector's January 23,2020 Notice
#7386-Request for a Variance from Article of Disapproval based on an application for a
III,Section 280-15F and the Building Inspec- permit to construct a 10 foot high fence sur-
tor's January 6,2020 Notice of Disapproval rounding a tennis court;at 1)more than the
based on an application for a permit to legal- code permitted four(4)feet in height when
ize an"as-built"accessory garage,at,1)less located in the front yard;located at 51 Mill-
than the code required minimum front yard stone Lane(Harvest Point Lane),Cutchogue,
_ setback of 40 feet; located at 860 Bayview NY.SCTM No 1000-102-1-33.8
Drive, (Adj to Sprang Pond)East-1Carion, 1:50_P.M:_ERHCSMITH#7400=Request— --
NY SCTM No. 1000-37-5-10 1. for a Variance from Article iII, Section
10:40 A.M. -MINTON IRREVOCABLE 280-15 and the Building Inspector's January
TRUST#7388-Request for a Variance from 31,2020 Notice of Disapproval based on an
Article XXIiI, Section 280-124 and the application for a permit to construct an acces-
Building Inspector's January 17,2020 Notice sory in-ground swimming pool,at l)located
of Disapproval based on an application for a in other than the code required rear yard,
permit to legalize"as-built"additions and al- located at: 280 Homestead Way,Greenport,
terations to an existing single family
#0002480830 -
JJJ
')STATE OF NEW YORK)
)SS: -
OUNTY OF SUFFOLK)
dvw Lori Bazata of Mattituck,in said c-ounty_,ht nmd�ly svvoxn,say -thu-she-isPrincipg] Clerk
of THE SUFFOLK TIMES
a weekly newspaper, published at Mattituck, in the Town of
Southold, County of Suffolk and State of New York, and that the Notice of which the annexed
is a printed copy, has been regularly published in said Newspaper once each week for 1
weeks(s),successfully commencing on 07/02/2020
Principal Clerk
Sworn to before me this day of
MELISSA R DE80ER
NOTARY PUBLIC STATE OF NEW YORK
SUFFOLK COUNTY
LIC.#01 DE 49898
11`00W.EXR 1013� �p
t i f
BOARD MEMBERS ��®F SO �® Southold Town Hall
Leslie Kanes Weisman,Chairperson 53095 Main Road•P.O.Box 1179
Southold,NY 11971-0959
Patricia Acampora Office Location:
Eric Dantes �Q Town Annex/First Floor,
Robert Lehnert,Jr. ®l 54375 Main Road(at Youngs Avenue)
Nicholas Planamento COU NT`(, Southold,NY 11971
http://southoldtownny.gov
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel.(631)765-1809•Fax(631)765-9064 CNIP
LEGAL NOTICE
SOUTHOLD TOWN ZONING BOARD OF APPEALS
THURSDAY, APRIL 2, 2020
PUBLIC HEARING
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code
Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the
SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road,
Southold, New York 11971-0959, on THURSDAY, APRIL 2, 2020.
10:20 A.M. - MINTON IRREVOCABLE TRUST #7388 - Request for a Variance from Article
XXIII, Section 280-124 and the Building Inspector's January 17, 2020 Notice of
Disapproval based on an application for a permit to legalize "as-built" additions and
alterations to an existing single family dwelling; at 1) less than the code required
minimum rear yard setback of 35 feet; located at: 5194 Great Peconic Bay Blvd, Laurel,
NY. SCTM No. 1000-128-2-20.
The Board of Appeals will hear all persons, or their representatives, desiring to be heard
at each hearing, and/or desiring to submit written statements before the conclusion of
each hearing. Each hearing will not start earlier than designated above. Files are
available for review during regular business hours and prior to the day of the hearing. If
you have questions, please contact our office at (631) 765-1809, or by email:
kimf@southoldtownny.gov
Dated: March 19, 2020 ZONING BOARD OF APPEALS
LESLIE KANES WEISMAN, CHAIRPERSON
By: Kim E. Fuentes
54375 Main Road (Office Location)
53095 Main Road (Mailing/USPS)
P.O. Box 1179
Southold, NY 11971-0959
r � '
`'=.�JNING BOARD OF APPEALS
MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building,
P.O. Box 1179 Southold, NY 11971-0959
(631) 765-1809 Fax 765-9064
LOCATION OF ZBA OFFICE: Town Hall Annex 1st Floor
54375 Main Road and Youngs Avenue, Southold
website: http://southtown.northfork.net
March 2, 2020
Re : Town Code Chapter 55 -Public Notices for Thursday, April 2, 2020
Hearing
Dear Sir or Madam: ftA(ID
Please find enclosed a copy of the Legal Notice describing your recent application. The Notice
will be published in the next issue of The Suffolk Times.
1) Before March 16th:
Please send the enclosed Legal Notice, with both a Cover Letter including your telephone
number and a copy of your Survey or Site Plan (filed with this application) which shows the
new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT
REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or
improved, which abuts and any property which is across from any public or private street.
Use the current owner name and mailing address shown on the assessment rolls maintained
by the Southold Town Assessors' Office. If you know of another address for a neighbor, you
may want, to send the notice to that address as well. If any letter is returned to you
undeliverable you are requested to make other attempts to obtain a mailing address or to
deliver the letter to the current owner, to the best of your ability, and to confirm how
arrangements were made in either a written statement or during the hearing, providing the
returned letter to us as soon as possible;
AND not later than March 23rd : Please either mail or deliver to our office your Affidavit of
Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the
green/white receipts postmarked by the Post Office. When the green signature cards are
returned to you later by the Post Office, please mail or deliver them to us before the scheduled
hearing. If any envelope is returned "undeliverable", please advise this office as soon as
possible. If any signature card is not returned, please advise the Board during the hearing and
provide the card (when available). These will be kept in the permanent record as proof of all
Notices.
2) Not Later March 25th : Please make arrangements to place the enclosed Poster on a
signboard such as cardboard, plywood or other material, posting it at the subject property seven
(7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign
until Public Hearing) Securely place the sign on your property facing the street, not more than
10 feet from the front property line bordering the street. If you border more than one street or
roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your
Affidavit of Posting for receipt by our office before March 31, 2020.
If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank
you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS).
Very truly yours,
Zoning Appeals Board and Staff
Ends.
rluTli. E UwF HE ' � Ri �+l0 1
The following application will be heard by the Southold Town
Board of Appeals at Town Hall , 53095 Main Road, Southold :
NAME MI- NTON IRREV . TRUST #, 7388
SCTM # : 1 000- 1 28-2 -20
VARIANCE : YARD SETBACK
REQUEST: LEGALIZE "AS BUILT" ADDITIONS
& ALTERATIONS TO DWELLING
DATE THURS. , APRIL 2 , 2020 1 0 :20 AM
If you are interested in this project, you may review the file(s) prior to the
hearing during normal business days between 8 AM and 3 PM . ZONING
BOARD OF APPEALS-TOWN OF SOUTHOLD (631 ) 765-1809
J
BOARD MEMBERS rF S (/r Southold Town Hall
Leslie Kanes Weisman,Chairperson �,� �°® 53095 Main Road-P.O.Box 1179
Southold,NY 11971-0959
Patricia Acampora Office Location:
Eric Dantes Town Annex/First Floor,
Robert Lehnert,Jr. yQ 54375 Main Road(at Youngs Avenue)
Nicholas Planamento ��'COU \\ Southold,NY 11971
http://southoldtowimy.gov
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel.(631)765-1809 -Fax(631)765-9064
LEGAL NOTICE
SOUTHOLD TOWN ZONING BOARD OF APPEALS
THURSDAY, JULY 9, 2020
PUBLIC HEARING
Due to public health and safety concerns related to COVID-19, the Zoning Board of
Appeals will not be meeting in-person. In accordance with the Governor's Executive
Order 202.1, the July 9, 2020 ZBA meeting will be held via video conferencing, and a
transcript will be provided at a later date. The public will have an opportunity to see and
hear the meeting live and provide written comments via email or by USPS prior to the
date of the public hearing.
Please see instructions for the video conference hearing on our website under
http://www.southoldtownny.aov/agendacenter for the date of the hearing. You may also
join by Telephone: +1 646 558 8656, Webinar ID: 984 2067 7181, Password:435764.
10:40 A.M. - MINTON IRREVOCABLE TRUST #7388 - Request for a Variance from Article
XXIII, Section 280-124 and the Building Inspector's January 17, 2020 Notice of
Disapproval based on an application for a permit to legalize "as-built" additions and
alterations to an existing single family dwelling; at 1) less than the code required
minimum rear yard setback of 35 feet; located at: 5194 Great Peconic Bay Blvd, Laurel,
NY. SCTM No. 1000-128-2-20.
The Board of Appeals will hear all persons or their representatives, desiring to be heard at each
hearing, and/or desiring to submit written statements before the conclusion of each hearing.
Each hearing will not start earlier than designated above. Files are available for review on The
Town's Weblink/Laserfiche under Zoning Board of Appeals(ZBA)\Board Actions\Pending. Click
Link: http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. If you have questions, please
telephone our office at(631)765-1809, or by email: kimf@southoldtownny.gov
Dated: June 25, 2020 ZONING BOARD OF APPEALS
LESLIE KANES WEISMAN, CHAIRPERSON
By: Kim E. Fuentes
54375 Main Road (Office Location)
53095 Main Road (Mailing/USPS)
P.O. Box 1179
Southold, NY 11971-0959
BOARD MEMBERS 1 Southold Town Hall
Leslie Kanes Weisman,Chairperson o���� $�Ur�ol 53095 Main Road •P.O.Box 1179
Y' p Southold,NY 11971-0959
Patricia Acampora Office Location:
Eric Danteso `
C„ • ='=� , � Town Annex/First Floor,
Robert Lehnert,Jr. � ® '' �O 54375 Main Road(at Youngs Avenue)
Nicholas Planamento Ol�CO� Southold,NY 11971
http://soutlioldtowimy.c,ov
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel.(631)765-1809 °Fax (631) 765-9064
June 22, 2020
Dear Applicant;
Due to public health and safety concerns related to COVID-19, the Zoning Board of Appeals will
not be meeting in-person. In accordance with the Governor's Executive Order 202.1, the July 9,
2020 Zoning Board of Appeals Regular Meeting will be held via video conferencing, and a
transcript wilt be provided at a later date. The public will have an opportunity to see and hear the
meeting live.
Below, please see instructions for the video conference hearing and material required to prepare
for the ZBA public hearing which include: PLEASE READ CAREFULLY.
1. Yellow sign to post on your property seven (7) days prior to your hearing, to be placed not
more than 10 feet from the front property line (within your property) bordering the street. If
you border more than one street or roadway, an extra sign is supplied for posting on both
front yards. Posting should be done by July 1, 2020.
2. SC Tax Map with property numbers.
3. Legal Notice of video conference meeting. Instructions for participation will follow, and will
be posted on the Town's Website under the meeting date, and the Legal Notice section of
Suffolk Times Newspaper.
4. Affidavits of Mailings and Posting to be completed by you, notarized, and returned to our
office verifying that you have properly mailed and posted.
5. Instructions for Laserfiche/Weblink to view application.
Please send by USPS Certified Mail, Return Receipt the following documents to all owners of
property (tax map with property numbers enclosed) vacant or improved, which abuts and any
property which is across from any public or private street. We ask that you send your mailings
promptly so that if any piece is undeliverable, you can reach out to your neighbors to request
their mailing addresses, and re-mail. Mailing to be done by June 26, 2020.
a. Legal Notice informing interested parties of meeting being conducted via video
conferencing. A WEBLINK to the meeting will be provided on the Town's Website
under the date of the meeting.
Instructions for ZBA Public Hearing
Page 2 �
b. Cover Letter which should include your contact information, date and time of hearing,
procedures for submitting written comment via email or USPS to our office. Recipients
should be able to contact you for additional information. Furthermore, if recipients need to
contact the ZBA staff, they may telephone 631-765-1809 or email us at
kimf@southoldtownny.gov or elizabeth.sakarellos(cr�,town.southold.ny.us
c. Instructions for Laserfiche/Weblink to view all pending applications.
Link to view pending applications: http://24.38.28.228:2040/weblink/Browse.as-ox?dbid=0.
d. Surveyor Site Plan depicting "as-built" and proposed improvements requiring ZBA relief.
The Town's Laserfiche/Weblink files provides both location addresses and mailing addresses in
their current Assessment Roll listing. (See Link Below). Also, the Town Assessor's Office can
be reached at 631-765-1937. Contact us via email or by phone if you need further assistance.
TownOfSouthold> Assessors> Assessment Books/Tax Rolls> 2010-2019 > 2019
http•//24 38 28.228:2040/weblink/0/doc/1022250/Page 1.aspx.
We ask that you scan and email the USPS mailing receipts, green signature cards and affidavits
to kimf@southoldtownny.gov, and promptly mail the originals to the Town of Southold, ZBA,
P.O. Box 1179, Southold, NY 11971. Please note that without your mailing receipts, the ZBA
will be prevented from conducting your hearing pursuant to New York State Law.
Please be reminded that New York State Law requires the ZBA to follow the above specific
policies. If for any reason, you are unable to prepare for your public hearing as instructed, please
let us know.
Sincerely,
Kim E. Fuentes
Board Assistant
kimf@southoldtownny.gov
Laserfiche Instructions
for
Zoning Board of Appeals Records
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Page 1 of 1
Above, Lists all Pending Applications under Board Actions/Pending URL Address, Link is
http•//24 38 28 228:2040/weblink/Browse.aspx?dbid=0
Laserfiche Instructions
ZBA Files
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Revised 6/15/2020
Sakarellos, Elizabeth
To: mkimack2@verizon.net
Subject: Minton 7388 & 860 Bayview 7386
Attachments: Minton Irrev 7388 ZBA pa_20200622121118.pdf; 860 Bayview Drivel-LC 738_
20200622120855.pdf
Good afternoon,
Attached please find the information for your July 9, 2020 ZBA Video Conferencing Public Hearing, including instructions
for mailings and sign postings, affidavits of mailing and posting, Laser Fische instructions, and instructions to access the
public hearing., Please read the all documents carefully, and note dates)that mailings and postings need to be
completed.
The attached will also be mailed to you today for your use, including the hard copy of sign(s)for posting.
If you have any questions or concerns, please contact our office.
Thank you,
��Lza beth sa�,a re��os -
Zoning Board of Appeals
Town Annex/First Floor
54375 Main Road
Southold, New York 11971
i
(631) 765-1809
1
NOT CE OF R'ING
The following application EE0 be heard by the South(aOd Town
Board of AppeaEs VHA ZOOM WEBINAR -
E o
EBSOTE FOR AGENDA on hRE s autha0dtownny. q' 0V
E2
NsAM,- Em M � NTON � RREV . TRUST 7388
`1V C TPA ffiz] I 000ml 28m2m2O
A R AN C ® y �".,�°'�, RD SETBACK
Im "AS BURLY" ADONTHONS & ALTERATRONS
REQUESTO
El THURSDAY, JULY 9 � 2020 10 :40 AM
DATEM
You may review the fiH ( ) on the town 's websfte under Town
- Records/Weblink : ZBA/ Board Actions/ Pending .
ZBA Off ice telephone (631 ) 765-1809
ff
� 1
RECEIVED
Southold Town of Board Appeals
MAY 2 2020
Town Hall of App�B�B
53095 Main Road Zoning Board
Southold,NY 11971
May 2020
Dear Zoning Board,
This letter is in reference to ZBA Appeal#7388 to legalize"As Built"Additions and Alterations at 5194
Peconic Bay Blvd, Laurel, NY 11948,
The subject addition was constructed sometime in the 1980s. At that time,Charles and Mary Minton
whom are now both deceased requested permission to build the porch and I verbally agreed. At
present, I have no objection with the variance as proposed considering the room has been standing in its
current form for over 30 years, complies with the side yard setback requirement adjacent to my
property at 5282 Peconic Bay Blvd.,and doesn't negatively impact or interfere with the enjoyment of my
home in any way,
Sincerely,
Muriel Digiorgio
15 Howe Street
Huntington Station, NY 11746
631-423-5335
f
TO: Town of Southold RECEIVED
Zoning Board of Appeals "- j-
DATE: July 5, 2020 JUL 0 9 2020
RE: Public Hearing July 9, 2020 Zoning Board Of Appeals
Minton Irrevocable Trust#7388
Request for Variance Section 280-124
5194 Great Peconic Bay Boulevard, Laurel, NY 11948
SCIM 1000-128-2-20
The Minton family is requesting a variance on an addition added to the northwest portion of their
property. We have been next door neighbors to the Mintons since 1989, and this addition was there for
years prior to 1989.
We support the approval of the variance because there is no reason to oppose it based upon the length
of time that the structure has been there, and it does not encroach on any surrounding homes. We,
therefore, hope that the Board will approve this variance request.
Thank you for your consideration.
Carolyn and Ronald Coons
5206 Great Peconic Bay Boulevard
Laurel, NY 11948
516 320-0142
TOWN0F SUUTIIOL,D
ZONING BOARD OF APPEALS Appeal No. / _—
SOUI'I-IOLD, NEW YORK
-- - -------- ------ AFFIDAVIT
OF
In the Matter of the App:ication of: MAILINGS
-- (Name of Applicant/Owner) —
', `�'"( � r,`�(`'' t'i �' ';' �s•,, r-••r; .f�i t t r `� -• •j .. ,,
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( I j
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P Y) l !,t t t t 6 (Section, Block & Lot)
COUNTY OF SUFFOLK
STA'L'E OF NEW YORK
I. ( ) Owner, (x) Arent
residing at - dX_/G _7� ' /,L ------— --- - --New York,
being duly sworn, deposers and says that:
On the ? day of__1)AIAE 2(196I personally mailed at the United
States Post Office in , New York, by CERTIFIED MAIL,
RF TURN hI;CEIPT REQUI?STED, a tare copy of the attached Legal Notice in
Prepaid envelopes addressed to current property owners shown on the current assessment roll
Verified from the official records on fill;with the ( ) Assessors, or( ) County Real
Property Office, for ever), property which abuts and is across a public or private street, or
vehicular right-of-way of'record, surrounding the applicant's property.
(Signature)
Sworn to before, r ie this
1 day of �1. — • 20 c�L DAVID J JANNU771
NOTARY PUBLIC,STATE OF NEW YORK
/ Registration No.02JA6052585
Qualified in Suffolk County j
commission Expires February 13,
PLEASE 'Ast on :lie back of this Affidavit or on a sheet of paper, the lot numbers next
to the owner names and addresses for which notices were mailed.
All on81nal USPS receipts and mailing confirrna:ions, to be submitted to the ZBA Off-lee along with
this form completed, signed and notarized.
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TOWN OF SOUTHOLD
ZONING BOARD OF APPEALS .?
S OUTHOLD,NEW YORK
AFFIDAVIT
OF
In the Matter of the Application of: POSTING
Iy�- �rmvocaJIf SCTM No. 1000-
(Name of Applicants) (Section, Block&Lot)
COUNTY OF SUFFOLK
STATE OF NEW YORK
5Z_ 1H Zresiding at 0. lJJll /U4-7
J'Q UT OLD ,New York, being duly sworn, depose and say that:
I am the ( ) Owner or Agent for owner of the subject property
On the day of JA46 , 2Q?O, I personally placed the Town's
Official Poster on subject property located at:
indicating the date of hearing and nature of application noted thereon, securely upon subject property,
located ten (10) feet or closer from the street or right-of-Way(driveway entrance) facing the street or
facing each street or right-of-way entrance,* and that;
I hereby confirm that the Poster has remained in place for seven (7)days prior to the date of the subject
hearing date, which hearing date was shown to beL 2 DZd
(Owner/Agent Signature)
before me this Da �J/"—�
Sworn to b � y of 2006
DONNA M.PALMER
(Notary Public) Notary Public,State of New York
No.01 PA5069978,Suffolk County
Commission Expires December 9,
* near the entrance or driveway entrance of property, as the area most visible to passerby
7COMPLETE' • • ON DELIVI
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I 1. Article Addressed to: D. Is delivery address different from Item 1? ❑Yes
{ If YES,enter delivery address below: ❑No
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■ Attach this card to the back of the mailpiece, `(
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{ 1. ArU6%Addressed to: D. Is delivery address different from item 1? ❑Yes
if YES,enter delivery address below: ❑No
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SENDER: SECTION
THIS SECTION ON DELIVERY
■ Complete items 1,2,and 3. A. Sign re
■ Print your nartid-Ond address on the reverse X Agent
so that we can,reiurn the card to you.
El Addressee
■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Delivery j
or on the front if space permits. 1!I
1. Article Addressed to: D Is delivery address different from item 17 ❑Yes
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7
BOARD MEMBERS SO `' Southold Town Hall
Leslie Kanes Weisman,Chairperson ,`O 0
0 53095 Main Road•P.O.Box 1179
Southold,NY 11971-0959
Patricia Acampora Office Location:
Eric Dantes G • 0 Town Annex/First Floor,
Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue)
Nicholas Planamento ly'00M,� Southold,NY 11971
http://southoldtownny.gov
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
January 22, 2020 Tel.(631)765-1809•Fax(631)765-9064
Ms. Sarah Lansdale, Director
Suffolk County Department of Planning
P.O. Box 6100
Hauppauge, NY 11788-0099
Dear Ms. Lansdale:
Please find enclosed the following application with related documents for review
pursuant to Article XIV of the Suffolk County Administrative Code:
ZBA File #: 7388 Owner/Applicant: MINTON Irrevocable Trust
Action Requested : Legalize "as built" additions and alterations to an existing single family
dwelling.
Within 500 feet of: ( ) State or County Road
(X) Waterway (Bay, Sound, or Estuary)
( ) Boundary of Existing or Proposed County, State, Federal land
( ) Boundary of Agricultural District
( ) Boundary of any Village or Town
Within one (1) mile (5,280 feet) of: ( ) Boundary of any airport
If any other information is needed, please do not hesitate to call us. Thank you.
Very truly yours,
Leslie K. Weisman
ZBA 7person
By:
Encls.
Survey/Site Plan : Kenneth M. Woychuk Dated : April 12, 2019
BOARD MEMBERS rjF soar Southold Town Hall
Leslie Kanes Weisman,Chairperson �� y� 53095 Main Road•P.O.Box 1179
Southold,NY 11971-0959
Patricia Acampora Office Location:
Eric Dantes Town Annex/First Floor,
Robert Lehnert,Jr. • COQ 54375 Main Road(at Youngs Avenue)
Nicholas Planamento Southold,NY 11971
http://southoldtownny.gov
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel.(631)765-1809•Fax(631)765-9064
f
July 21, 2020
Michael Kimack
P.O. Box 1047
Southold,NY 11971
Re: ZBA Application#7388
Minton, 5194 Great Peconic Bay Blyd;Laurel
SCTM No. 1000-128-2-20
Dear Mr. Kimack; ,
Transmitted for your records is a copy of the Board's July 16, 2020 Findings,
Deliberations and Determination,the original of which was filed with the Town Clerk
regarding the above variance application.
Before commencing any construction activities, a building permit is necessary. Please be
sure to submit an application along with a copy of the attached determination to the
Building Department.
If you have any questions,please don't hesitate to contact our office.
Sincerely,
Kim E. Fuentes
Board Assistant'
Encl.
cc: Building Department
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