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HomeMy WebLinkAbout7440 f9-7 00 Pec) S4 tr- Ae Gi l i $�-q'-HTo cznve,� albc hcbt��-c `L rzfel'i AT* x11 Se(, Ago--1-8 CHECK BOXES AS COMPLETED ( ) Tape this form to outside of file ( ) Pull ZBA copy of ND ca o a 0 ( ) Check file boxes for pr ( ) Assign next number of N n outside of file folder c ' ( ) Date stamp entire oris mmmcncJ, file number v x o c o ' m cQ ( ) Hole punch entire ori; = rn C::D' o o CCD) o (before sending to T.( 0 n rn N. ( ) Create new index car 0 � Q o ( ) Print contact info & t; . 0 rn ( ) Prepare transmittal t� w --%. m ( ) Send original applica o -0 to Town Clerk v < ( ) Note inside file folder and tape to inside of 3 ( ) Copy County Tax MaK -n neighbors and AG lot ( ) Make 7 copies and pi ( ) Do mailing label CD �- BOARD MEMBERS ®f ® Southold Town Hall Leslie Kanes Weisman,Chairperson �� �® 53095 Main Road.P.O.Box 1179 �® �® Southold,NY 11971-0959 Patricia Acampora3 ==,r. Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. �® - �® 54375 Main Road(at Youngs Avenue) Nicholas Planamentoc®u 9 Southold,NY 11971 http://southoldtowimy.gov I ZONING BOARD OF APPEALS TOWN OF SOUTHOLD DEC 2 9 2020 Tel.(631)765-1809•Fax(631)765-9064 A�� Q. no A- ®u ®Id Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 22,2020 ZBA FILE: #7440 NAME OF APPLICANT: Robert Cagnazzi PROPERTY LOCATION: 12700 New Suffolk Avenue, Cutchogue,NY SCTM No. 1000-116-6-14 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 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 October 2, 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: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (L)VRP) Policy Standards. The LWRP Coordinator issued a recommendation dated November 30, 2020. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available, it is recommended that the proposed action is EXEMPT from Coastal Consistency Review. PROPERTY FACTS/DESCRIPTION: The subject property is a code conforming 132,982 square foot waterfront parcel located in an R-40 Zoning District. The parcel runs 167.98 feet along Peconic Bay, runs 346.50 feet on the North side, runs 463.48 feet on the West side, and runs 532.80 feet on the East side. The parcel is improved with a one-story frame cottage, and a two-story frame house and garage which is under construction. All is shown on a survey prepared by David H. Fox L. S., and lasted revised June 9,2020 BASIS OF APPLICATION: Request for a Variance from Article XII, Section 280-18 and the Building Inspector's August 11, 2020 Notice of Disapproval based on an application for a permit to convert an attic to a third-floor habitable area (home office and gym); at 1) more than the code permitted maximum two and one-half (2-1/2) stories; located at: 12700 New Suffolk Avenue, (Adj.to Peconic Bay) Cutchogue,NY. SCTM No. 1000-116-6-14. RELIEF REQUESTED: The applicant requests a variance to construct a third floor finished, habitable space where town code limits structures to two and a half stories and limits finished habitable space to two stories. ADDITIONAL INFORMATION: The home is currently under construction under Building Permit 4 44963 which was issued by the Building Department on 7/9/2020 to "demolish an existing single-family dwelling and construct Page 2, December 22,2020 #7440, Cagnazzi SCTM No. 1000-116-6-14 a new single-family dwelling with attached in-ground swimming pool and hot tub and a non-habitable attic as applied for per SCHD, Trustee and DEC approvals. Three CO's required." The open permit states that the attic is not habitable space. ADDITIONAL SUBMISSIONS BY THE APPLICANT: Per the Board's request, floor plans and elevations of the entire proposed new single-family dwelling, dated June 6, 2020, prepared by Austin Patterson Disston'Architect,were submitted by the applicant on December 14, 2020. On December 15, 2020,the applicant also submitted to this Board, a landscape plan prepared by Auston Patterson Disston,Architect, a Memorandum of Law for 1925 Grandview,Appeal#7390 related to a filed petition(Article 78 proceeding) for 1925 Grandview Inc. and Patrick Treanor against Southold Town Zoning Board of Appeals, all of which will be included as part of the record, herein. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on December 3,2020 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)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The New Suffolk Road neighborhood consists of a mix of larger homes both waterfront and upland, developed since the 1940's, with code compliant ridge heights allowing for a `visual' third story. Several homes have articulated dormers or other architectural features, including windows, allowing light and ventilation into the attic storage area or implying a third story as part of the design scale. The requested attic conversion to habitable space in the subject dwelling and its use will not change the exterior size or appearance of this dwelling. However, the Board finds that the proposed attic alterations creating third story habitable space containing an office and gym is not in keeping with the character of the R-40 zoning district, nor can it be argued that the use of the third floor is in keeping with the characteristics of a historic district or home, as the proposed finished third story is to be built within a home that is currently just starting construction. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant has stated that their present lot coverage is under 15% of the 20% maximum lot coverage permitted by code in the R-40 zoning district, and therefore, could construct an addition to the dwelling, in a compliant location, in order to obtain increased habitable space for a gym and office. Alternatively, since the structure has not yet been constructed, foundation/basement walls may be cut to allow for egress windows to create a gym or home office, or both. 3. Town Law &267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 100% relief from the code. 4. Town Law X267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law X267-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. The Page 3,December 22,2020 #7440, Cagnazzi SCTM No. 1000-116-6-14 Building Department has consistently disapproved building permit applications with habitable space on third stories. 6. Town Law &267-b. Grant of the requested relief IS NOT the minimum action necessary to enable the applicant to enjoy the benefit of an office and gym while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. The applicant included, as part of their argument in favor of granting the variance, prior related decisions by this Board: #7390, dated September 17, 2020 Denying relief for a third-floor family room, bedroom,bath #5007, dated October 25, 2001 Granting relief for an observation tower"balcony" #6512, dated November 17, 2011 Granting relief for third floor sitting area #6744 dated May 15, 2014 Granting relief for a third-floor office #4968 dated July 12, 2001 Granting relief for a third-floor living space. For the reasons set forth below, except for decision #7390, the Board does not find that the prior ZBA determinations citied above by the applicant's agent are not sufficiently analogous to the present application, and therefore unpersuasive. The applicant's reliance on decision #7390 in support of its argument that a variance is warranted is misplaced because there this Board denied the variance to allow a third story addition and alteration. In ZBA decision#7390, the Zoning Board of Appeals denied the applicant's request to legalize an as-built third story bedroom suite which the applicant's attorney argued met the definition of an allowed two and a half story habitable space. The Board found that the as built third story did not meet the definition in the Code for two and a half story, and the requested variance did not meet the standards of the balancing test the ZBA is required to apply in evaluating an area variance request. There, ZBA found that third stories are not characteristic of the Grandview Estates Subdivision where the property is located. In addition, this Board determined in that decision, as is the case with the present application, that the applicant had code conforming alternatives to building the third story, that the relief requested was substantial, and that the difficulty was self-created. In decision#5007,the Board granted the applicant a variance for a third story"observation room." In doing so,the Board noted that the proposed use of this room was for the sole purpose of the enjoyment of the vistas of the Long Island Sound and "in no event will or shall be considered habitable space." In fact, the Board made a condition of the variance that the "observation room shall not at any time, now or in the future, be used for sleeping purposes (non-habitable)." That decision is of little precedential value where, as here, the applicant is seeking a variance for a third story to be used as habitable space. More importantly, this Board disagrees with some of the findings by the previous Board in that decision. In that decision, the Board found that the benefit sought by the applicant cannot be achieved by some method feasible for the applicant to pursue other than an area variance because the cost of removing the as-built structure would be expensive. This Board rejects that conclusion. The fact that it would be expensive to remove as-built structures and therefore the benefit cannot be sought by some other means, would only encourage applicants to intentionally build non-coming structures without the benefit of a pen-nit and then seek relief after the fact in order to be sure to establish one of the necessary criteria. Similarly, this Board disagrees with the previous Board's conclusion that the variance sought was not substantial because the height of the as-built improvement (32 feet) was 3 feet lower than the maximum allowable height (35 feet). As set forth below, the variance sought is substantial in that it represents 100% relief from the code because the applicant is seeking a third floor where no third floor is permitted. Page 4,December 22,2020 #7440, Cagnazzi SCTM No. 1000-116-6-14 The applicant's reliance on decision 46512 is also misplaced. There, the Board found that the variance was substantial, but that "the substantiality of the variance was mitigated by its use being limited to storage, a sitting room and access to a balcony. The Board also found that the limited use would preserve and protect the character of the neighborhood. Regarding the subject application, there is no limiting of the use, rather the applicant is seeking a habitable space with a gym and office. ZBA decision#6744, concerning 1977 Bergan Ave, Mattituck,NY does is not analogous to the subject application because there the parcel 44 contained steep slopes which resulted in the dwelling being built into a hill so that part of the basement is located above grade creating a partially habitable floor level and practical difficulties for the applicant to comply with the code. If just a few more feet of the exposed basement had been located"below grade" the applicant would not have needed an area variance. Moreover, decision #6744 is distinguishable from the present application because there, the variance request was for additions and alterations to an as built dwelling and not for the construction of an entirely new dwelling where options to conform to the code are more available. Finally, this Board disagrees with ZBA decision #4968 which was decided almost 20 years ago by a different Board. However, that decision can also be distinguished from the present application. There the Board found that the requested variance did would not have a significant impact on the character of community because the because the single-family dwelling was proposed to be set back more than 500 feet from the nearest public road and the the architectural floor plans and elevations submitted with that variance application shows a dwelling with multiple levels and multiple sloping roof surfaces of varying heights that creates the appearance of a two-story structure in size and massing. At times during the hearing the applicant's representative appeared to be arguing that Building Department's interpretation of the Town Zoning Code with regard to the habitability of a half-storywas incorrect. The Board notes however, that the application before the Board is for a variance request and does not seek a code interpretation or the overturning of the Building Department's determination. Regardless, this Board has previously found, as set forth below, that if even a finished area within a single-family dwelling meets the dimensional definition of "half story" under section 280-4 of the Town Code, it also meets the definition of a "story"and should be treated as such. In ZBA decision, # 7420, this Board upheld the determination of the Building Department's determination that an area in a proposed a single-family dwelling constituted a "story," and therefore an impermissible third story, even though the area met the dimensional definition of a"half story."There,the Board found that: The Building Department has consistently determined,as it did in this case,that once an area is finished and contains habitable space, it is to be considered a"Story"and would not qualify as a"Half Story"even if it met the dimensional definition of a 'Half Story` found in Section 280-4 of the Town Code. In this case,the proposed alterations contained finished areas to be used as habitable space and therefore the area constitutes an impermissible third story. Section 208-4 of the Southold Town Code defines a"half story"as: Any space,with a minimum clear height of five feet,partially within the roof framing where the clear height of not more than 50% of such space between the top of the floor beams and the structural ceiling level is seven feet six inches or more. Page 5,December 22,2020 #7440, Cagnazzi SCTM No. 1000-116-6-14 However,Section 208-4 of the Southold Town Code defines a"story"as: That part of any building, exclusive of cellars but inclusive of basements, comprised between the level of one finished floor and the level of the next higher finished floor or, if there is no higher finished floor, then that part of the building comprised between the level of the highest finished floor and the top of the roof beams. The Board in decision#7420 went on to find that based on these definitions, even if an area meets the dimensional definition of a"half story," if it is finished, it also meets the definition of a"story" and should be treated as such. In other words, in order to be considered a"Half Story," an area cannot be finished and therefore, cannot be used as habitable space. In the plans submitted by the applicant in this decision,the area the applicant refers to as the"Half Story" is proposed to be finished and used as habitable space. Therefore the"Half Story" area is comprised of area between the level of the highest finished floor and the top of the roof beams. As a result, even though the area may meet the dimensional definition of a"Half Story"because it is finished and is to be used as habitable space,the Building Department determined the area to be a"Story"as defined by section 280-4, and therefore is a third story which is not permitted pursuant to the Bulk Schedule for Residential Districts. 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 Dantes, seconded by Member Acampora, and duly carried, to DENY as applied for. Vote of the Board: Ayes: Members Weisman(Chairperson),Acampora,Dantes,Lehnert, and Planamento(5-0). 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E NG BRN 6; 9 Board of App a ; V xl._x,m Ir-tt• - t x --- _r-T t„• e xt,rt 4 ax AT uS 21/,• q O _ Q 0 U , y e s• me M 6�> 13/312020 PERMIT SET REVISION •r - AT-rJl/9• E (ROOM LABEL51 6/912020 PERMIT SET 0 60 r I = w3nazo PxtLUDes REr. .I CONTRACT SET eURRIFSJ v r REV a VARIWskEN1SIONS I6ITE--]511£-S,sITEe c _ BUNK ROOM I - p 1/13/'_020 s,1E-z,A-tDp,TA-IDI,A-IDx A-IDI,A-Iw A-:plAA-2p'A- I 0 ^� � � Ayna,nl uAJu]A-3Ul A-3u1 Mul I'Au >;aul A-ap -n03,-O 1101 o-iozlslo,-.am>zA E uI—2 E-twl e P I 0920/2019 BID SET DATE ISSUED FOR Austin Patterson Disston apd, s , - Ar< oaP�so MaG,P,rA,:glt:l.r,I,ITNxtx3,Ilrg `_63 NLW q � s Pob xo vlM r16b15,I v..L oaI',Quo�w,. r ,Il 153115•,sw3 �Nr ''_____- ___ __ - ^ --------------- CAGNAZZI RESIDENCE r 137W NEN SUFFOLI.AVENL•C CUTCHOGUE.NEI YORI.119:1 _C EIIING DREAK CEILtN?Ba�K S z-x /, Ar--v.•�2_x Draw'mg Trtle gIT AI-I-'-�„NEEw.n. 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POLE ' N,16 \ N 18 \ Ir / / \ N / / 7 / EDGE OF CLEARING -10v 4,rc 10 ry0' JUN. 09, 2020 AMEND PROP. STRUCTURES / \ 1 SEP. 28, 2019 LOCATE ADDITIONAL TREES AUG. 29, 2019 LOCATE TREES l ZINC Survey for: AUG. 15, 2019 AMEND PROP. STRUCTURES / Fo \ 2DN JUL 23, 2019 AMENDED EXISTING SURVEY cF Or 3 e�e18 JUL 09, 2019 CORRECTED PERIMETER h ' R OBER T CA GNA ZZI & APR. 01, 2019 IND, PROP. STRUCTURES "6(9-1,9, �\ ;� KIM CA GNAZZI DATE: JAN. 03, 2019 IS��H/ ry JOB N0:2018-657 At \ � CERTIFIED RTIFIED T0: q�O�yC�� Town Of KIMERT CAGNAllIAZZI.,., ADJACENT LOT COVERAGE: p ti 76 EXISTING: zCO wM .98' Southold HOUSE = 1824 S.F. N/� Suffolk County, New York COTTAGE = 1271 S.F. Q d C GARAGE = 698 S.F. �+ -!� PORCHES = 299 S.F. S.C.T.M.: 1000-116.00-06.00-014.000 '' �� l DECK = 245 S.F. ' 40 p 40 TOTAL = 4337 S.F. OR 4.1% PROPOSED: SCALE:1"=40' HOUSE & GARAGE = 4435 S.F. PORCHES = 772 S.F. NOTES: TERRACE = 5501 S.F. 1. AREA = 113,982 S.F. DAVID H. FOX, L.S. P.C. N.Y.S.L.S. #50234 COVERED TERRACE = 1044 S.F. ADJACENT AREA = 105,749 S.F. FOX LAND SURVEYING POOL = 720 S.F. 2. ■ = MONUMENT FOUND, ® = STAKE FOUND. 64 SUNSET AVENUE SPA = 64 S.F. WESTHAMPTON BEACH, N.Y. 11978 COTTAGE = 1271 S.F. 3. REFERENCED DEED L. 12580 CP 627 & L. 915 P. 303 (631) 288-0022 COTTAGE PORCH = 264 S.F. STORMWATER DRAINAGE 4. ELEVATIONS REFERENCED TO N.A.V.D. (1988). WALKS = 757 S.F. HOUSE & COTTAGE = 5706 S.F. 5. FLOOD ZONE BOUNDARIES SHOWN HEREON ARE UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OFSECTION 7209 OF THE NEW YORK STATE FROM FIRM PANEL NO. 36103CO501 H LAST DATED EDUCATION LAW COPIES OF THIS SURVEY MAP NOT BEARING SHOWER = 25 S.F. 5706 S.F. X 0.167 X 1.D = 953 C.F. THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL APRON = 1039 S.F. 953 C.F. / 42.24 = 23 V.F. SEPT. 25, 2009. SHALL NOT 13E CONSIDERED TO BE A VALID TRUE COPY TOTAL = 15892 S.F. OR 15.0% PROVIDE (6) 4' DEEP X 8'0 DRYWELLS 6. SANITARY DESIGN BY JOHN CONDON. PERSON FOR WHO THE HEREON SURVEY ISHPREPARED OAND ON His 7. APPROX. 200 C.Y. FILL REQUIRED. BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON , AND TO THE 8. = TREE & CALIPER ASSIGNEES OF THE LENDING INSTI UTION. CERTIFICATIONS ARE NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS DWG: 2018-657 Fuentes, Kim From: Timothy Ganetis <tganetis@apdarchitects.com> Sent: Monday, December 14, 2020 9:51 AM To: Fueotes, Kim Cc: pcmoore@mooreattys.com; betsy@mooreattys.com; Julia Schade; Sakarellos, Elizabeth; Westermann, Donna Subject: RE: ZBA #7440 Cagnazzi Attachments: A-100 - Cellar Plan.pdf, A-101 - First Floor Plan.pdf, A-102- Second Floor Plan.pdf, A-202 South and West Elevations.pdf, A-203 North and East Elevations.pdf Good morning, Attached please find the floor plansof the c--ellar,first and second floors and the exterior -Ievatio is of the subject property at 12700 New Suffolk Ave, "",chogue as requested. I apologize for the delay. RECEI ED Please let me know if you require a ;yadditional in.ormation. DEC "l 1-42020 Best, Zoning Boar d of Appeals Tim Ganetis,Assoc.AIA Austin Patterson Disston Architects 44 Quogue Street, PO Box 1707, Quogue NY 11959 (631)653-1481, Fax(631) 653-6605 www.apdarchitects com From: pcmoore@mooreattys.com [mailto:pcmoore@mooreattys.com] Sent: Wednesday, December 09, 2020 2:19 PM To: Fuentes, Kim; betsy@mooreattys.com; Julia Schade Cc: Sakarellos, Elizabeth; Westermann, Donna; Timothy Ganetis Subject: RE: ZBA #7440 Cagnazzi Yes- I remember- sending your email to Timothy. Pat PATRICIA C. MOORE physical & mailing address 51020 Main Road Southold NY 11971 tel # 631.765.4330 fax # 631.765.4643 www.mooreattys.com -------- Original Message -------- Subject: ZBA #7440 Cagnazzi From: "Fuentes, Kim" <kimfCabsoutholdtownny.gov> Date: Wed, December 09, 2020 1:47 pm 1 1 ( �% OFFICE LOCATION: *OF SOUriy® MAILING ADDRESS: Town Hall Annex P.O.Box 1179 54375 State Route 25 Southold,NY 11971 .�� (cor.Main Rd. &Youngs Ave.) n Southold,NY 11971 �Q Telephone: 631 765-1938 Mum LOCAL WATERFRONT REVITALIZATION PROGRAM RECEIVED TOWN OF SOUTHOLD �N Ltd NOV 3 0 2020 MEMORANDUM Zoning Board Of Appeals To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry,AICP r Assistant Town Planning Director LWRP Coordinator Date November 30, 2020 Re: LWRP Coastal Consistency Review for ZBA File ROBERT AND KIM CAGNAZZI#7440 SCTM#1000-116-6-14. ROBERT AND KIM CAGNAZZI#7440-Request for a Variance from Article XII, Section 280-18 and the Building Inspector's August 11,2020 Notice of Disapproval based on an application for a permit to convert an attic to a third floor habitable area(home office and gym); at 1)more than the code permitted maximum two and one-half(2-1/2)stories; located at: 12700 New Suffolk Avenue, (Adj.to Peconic Bay)Cutchogue,NY. SCTM No. 1000-116-6-14. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP)Policy Standards. Based upon the . information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me,the proposed action is EXEMPT from LWRP review pursuant to: § 268-3. Definitions. MINOR ACTIONS item "F"which states: H. Additions to an existing building or rebuilt residential structure which results in no net increase in ground area coverage, except where the parcel is located in a coastal erosion hazard area; This recommendation is based upon that there will be no net increase in ground coverage._ . - • - Pursuant to Chapter 268,the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: William Duffy,Town Attorney Nn5 tv f - 4 �-gym t COUNTY OF SUFFOLK RECEIVED xs. ocj o ?020 Zoning C�t)ard Of Anl=nd45 OFFICE OF THE COUNTY EXECUTIVE Steven Bellone SUFFOLK COUNTY EXECUTIVE Natalie'Wright Department of Commissioner Economic Development and Planning ' 1 October 2, 2020 � Town of Southold t` 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 Section's 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 anapproval or disapproval. Applicant Municipal File Number Jedynski, Alexander #7435 Byers, Alison M. #7436 Zoumas, Ioannis #7438'"" McGrath, Elizabeth #7439 W" Cagnazzi, Robert 47440 Yery truly yours, Sarah Lansdale Director of Planning By Christine DeSalvo - 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 0 HAUPPAUGE,NY 11788-0099-m-(631)853-5191 40 1 b FORM NO. 3 RECEIVED TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. $�� 9 2020 NOTICE OF DISAPPROVAL .honing Board Of Appeals f DATE: August 11, 2020 TO: Timothy Ganetis (Cagnazzi) PO Box 1707 Quogue, NY 11959 Please take notice that your application (in conjunction with BP#44963): For permit: to convert attic to third floor habitable area at: Location of property: 12700 New Suffolk Avenue, Cutcho ugue,NY County Tax Map No. 1000- Section 116 Block 6 Lot 14 Is returned herewith and disapproved on the following grounds: The proposed construction is not permitted pursuant to Article XII, Section 280-18, which allows the maximum permitted stories at 2 %. The proposed plan shows a third story home office and gym. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file,Z.B.A. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS For Office Use Only Fee: $ Filed By: Date�ECEIVED Assigned/Assignment No. -71fqO Office SEP % 9 2020 Notes: aonina Board Of Appeals House No. 12700 Street New Suffolk Avenue Hamlet Cutchogue SCTM 1000 Section-116 Block 6 Lot(s)_14—Lot Size-113,983 SF Zone R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED August 11, 2020 BASED ON Site Plan prepared by Austin Patterson Disston, Architects dated 7-2-2020. Applicant(s)/Owner(s): Robert Cagnazzi and Kim Cagnazzi Mailing Address:_39 Connelly Road, Huntington NY 11734 Telephone:_631-220-4395_ Fax #: _c/o 631-765-4643_ Email:_pcmoore@mooreattys.com NOTE: In addition to the above, 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: Patricia C. Moore Esq. for (X ) Owner, or ( ) Other: Agent's Address: 51020 Main Road, Southold NY 11971 Telephone_ 631-765-4330 Fax #: 631-765-4643 Email: pcmoore(&,mooreattys.com RECEIVED SEP S 9 2020 Please check box to specify who you wish correspondence toibeimifiled to,Appezis from the above names: C Applicant/Owner(s), or X Authorized Representative, or C Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED 7-2-2020 and DENIED AN APPLICATION DATED Part of Building Permit #44963 FOR: X 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 XII Section 280- 18_ Subsection (Habitable Space within 21/2 stories) Type of Appeal. An Appeal is made for: X A 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, X has not been made at any time with respect to this property, UNDER Appeal No. Year . (Please be sure to research before completing this question or call our office for assistance.) i RECEIVED ,�0 SEP 2 9 2020 [Zonin9 Board or Appeals Name of Owner: Cagnazzi ZBA File # REASONS FOR APPEAL (additional sheets may be used with preparer s si nature): AREA VARIANCE REASONS.- (1) EASONS.(1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The new house has a large attic space which owners wish to use for private gymnasium and private office space. With COVID-19 restrictions exercising and working from home remotely, with a quiet space is necessary, and the attic conversion is usable space which is otherwise underutilized. The existing house and elevations of the existing house will not change. There will be no impact on the character of the neighborhood or detriment to nearby properties. The space is defined as a%story under the NYS Building Code and becoming customary in larger homes. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: The attic is a more desirable space than a basement for a private gymnasium and private office. The space is open, light filled and dry. (3) The amount of relief requested is not substantial because: The space is existing and not proposed as sleeping quarters. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The use of existing space does not impact the physical or environmental conditions of the neighborhood. (5) Has the alleged difficulty been self-created? ( )Yes or (X)No. Are there Covenants and Restrictions concerning this land: X YES- Trustees C&R's with buffers and clearing limits (please furnish copy)NOT APPLICABLE TO VARIANCE: 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. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET.- (Please HEET.(Please be sure to consult your attorney.) RECEIVED SEP 2 9 2020 Signature of Appellant or Authorized Agent Zoning Board Of Appeals (Agent must submit written Authorization from Owner) Sw rn to before me this d of , 2 otaP ry i BETSYA.PERKINS Notary Public.State of New Yofk No.01PE6130636 Qualified In Suffolk Cou Commission Expires July 18,, E APPLICANT'S PROJECT DESCRIPTION APPLICANT: �o f +� YIv.Z?tet DAVE PREPAItEIDti Y.For Demolition of Existing Building Areas - �40 SEP 2 9 2020 Please describe areas being removed: N&!:u 40(15e - 'e" (&4MG 9F,Appeals II.New Construction Areas(New Dwelling or New Additions/Exiensions): � Dimensions of first floor extension: Dimensions of new second-floor: Dimensions of-floor above second level: - t :•Ptd Height(from finished ground to top of ridge): / tax ) s t � Is basement or lowest floor,area being constructed?If yes,'-please provide height(above ground) measured from natural existing grade to first floor: Lj& M.Proposed Construction Description(Alterations or'Structural Changes) (Attach extra sheet if necessary).PIease describe building areas: Number of Floors and General Characteristics BEFORE Alterations. Number of Floors and Changes WITH Alterations: V 62 u 4 IV.Calculations of building areas and lot coverage(from survevorl: Existing square footage of buildings on your property:_ t zle 'Z� sF _(INCE.,WN� r�aL Proposed increase of building coverage: Square footage of your lot: Percentage of coverage of your lot by building area: V.Purpose of New Construction: SreL+QCvstCAa vo�3E:r t cso t ,�' li1-h,,,�� V ; ♦ a d� r -f JFI&1 �n CG-FiY�/h� 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): 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. 412012 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION RECEIVED `NLIO A. Is the subject premises listed on the real estate market for sale? SEP 2 9 2020 Yes No B. Are there any proposals to change or alter land contours? Zoning Board Of Appeals _,X_No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? y�S 2.)Are those areas shown on the survey submitted with this application? Ws 3.) Is the property bulk headed between the wetlands area and the upland building area? & I a A-01u, 4.)If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction? eS 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? `No E. Are there any patios, concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? No 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? f yes,please submit a copy of your building permit and survey as approved by the Building Department and please r describe: NA,w hovsP, uv7<Aesf 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 either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? �O If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel P iug i4bic'c and the proposed use tic L.,nvey Y�,Q�WiQd16d, Cib "_'n M (ex: existing single family,p oposed: same with garage,pool or other) Auth ' ed signature and Date TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, NY BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) ----Perihit-#--- 44963------­­- Permission 49.63--__ _Permission is hereby granted to: "Cagnazzi, Robert& Kim 39 Connelly Rd Huntington, NY 11743 To: demolish an existing single family dwelling and construct a new single family dwelling with attached,in-ground swimming pool and hot tub and non-habitable attic as applied_ for per,SCHD, Trustee, and'DEC approvals. Three COs required. At.premises located at: ' 12700 New Suffolk Ave, Cutchogue SCTM#473889 Sec/Block/Lot# 116.-6-14 Pursuant to application dated 6/24/2020 and approved by the Building Inspector. To expire on 118/2022. Fees: CO-SWIlVIM NG POOL $50.00 Total: $6,214.20 Of Building Inspector guFFOt;�Co To-vim of Southold 9/12/2017 53095 Main Rd •`� aR i Southold,New York 11971 RECEIVED F SEP 2020 I PRE EXISTING Zoning Board Of Appeals CERTIFICATE OF OCCUPANCY No: 39205 I Date: 9/8/2017 ;t THIS CERTIFIES that the structure(s)located at: 12700 New Suffolk Ave,Cutchogue SCTM#: 473889 1 Sec/Block/Lot: 116.-6-14 Subdivision: Filed Map No. Lot No. conforms substantially to the requirements for a built prior to APRIL 9, 1957 pursuant to which CERTIFICATE OF OCCUPANCY NUMBER Z- 39205 dated , 9/8/2017 was issued and conforms to,all the requriements of the.applicable provisioris of the law. The occupancy for which this certificate is issued is:. r ,w frame one family dwelling with screened porch and side covered entry,accessory wood frame one family seasonal cottage with covered screened'porch and accessory wood frame barn.* I Note: BP 13663 addition to dwellnig COZ-15934:BP 39284 electric service COZ-37253•BP 41952 air handlers COZ-39204 I Notes: BP I3663'addition to dwelling COZ-15934-BP 39284 electric service for cottage COZ-37253 The certificate is issued to Stiles JR Fam 20141ry Tr (OWNER). f of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. PLUMBERS CERTIFICATION'DATED *PLEASE SEE ATTACBED INSPECTION REPORT. ut r'.,ed'Signature BUILDING DEPARTMENT RECEIVED TOWN OF SOUTHOLD. zjq0 HOUSING CODE INSPECTION REPORT SEP 2020 LOCATION: 12700 New Suffolk Ave,Cutchogue Zoning Board Of.4ppeals SUFF. CO.TAX MAP NO.: 116-6-14 SUBDIVISION: NAME OF OWNER(S): Stites JR Fam 2014 Irry Tr OCCUPANCY: ADMITTED BY: SOURCE OF REQUEST: Stiles JR Fam 2014 Irry Tr DA'L'E: 9/8/2017 DWELLING: #STORIES: 2 #EXITS: 6 FOUNDATIONi brick CELLAR: partial CRAWL SPACE: BATHROOM(S): 2 TOILET ROOM(S); 1 UTILITY ROOM(S): PORCH TYPE: screened&coy entry DECK TYPE: PATIO TYPE: BREEZEWAY: FIREPLACE: 1 GARAGE: DOMESTIC H TWATER: yes TYPE HEATER: oil AIR,CONDITI'IONING: TYPE HEAT: oil WARM AIR: forced hot air HOT NVATER: #BEDROOMS: 4 #•K-TTCHENS: I BASEMENT TYPE: unfinished OTH1;R: ACCESSORY STRUCTURES: GARAGE,TYPE OF CONST: wood frame STORAGE;TYPE OF CONST: SWI v,MUNG POOL: GUEST,TYI°E OF CONST: OTHER: VIOLATIONS: REMARKS,: I NSPE.CTED BY.:, JOHNJ DATE wINSPECTION: 8/23/2017 TrIM&START: 12:30pm, END. 1:15pm BUILDING DEPARTMENT RECEIVED TOWN OF SOUTHOLD �C 1-0 HOUSING CODE INSPECTION REPORT SEP 2 9 2020 I LOCATION: 12700New.SuffolkAve,Cutchogue ZOhing Board Of Appeals I SUFF.CO.TAX 1VIAP NO.: 1,16.-6-14 SUBDIVISION: NAME OF OWNER(S): Stiles•JR Fam 2014 Irry Tr OCCUPANCY: ADMITTED BY: SOURCE OF REQUEST: Stiles JR Fam 2014 Inv Tr DATE: 9/8/2017 DWELLING: V STORIES: I #EXITS: 2 FOUNDATION: block posts CELLAR: CRAWL SPACE: BATHROOM(S): T 2 TOILET ROOM(S): UTILITY ROOM(S): PORCH TYPE: screened DECK TYPE: PATIO TYPE: BREEZEWAY: FIREPLACE: yes GARAGE: DOMESTIC HOTWATER: yes TYPE HEATER: gas AIR CONDITIONING: TYPE BEAT: none WARM AIR: HOT WATER: #BEDROOMS: 3` #KITCHENS: 1 BASEMENT TYPE: OTHER: ACCESSORY STRUCTURES: GARAGE,TYPE OF CONST-, STORAGE,TYPE OF-CONST: ,SWIMMING POOL: GUEST,TYPE OF CONST: OTHER: VIOLATIONS: REMARKS: INSPECTED BY: ,JOHNJ DATE OFINSPECTIQN 8/231201.7 TIME START:' 1:16pm END: 1:40pm nC(1MVtU -7 Wo ALT ICULTURAL DATA STATEMENT SEP 2020 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD caning Board Of Appeals WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use 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 2391n and 239n of the General Municipal Law. 1. Name of Applicant: C(a-2 l 2. Address of Applicant: 1 '2-too h7 a. .� ��.zi^ « °. , C' ,�,-�-r �g►�-� 3. Name of Land Owner(if other than Applicant): fveryu- 4. Address of Land Owner: 5. Description of Proposed Project: o? z- g � — 'M be v send 6. Lo ation of Property: (road and Tax map number) i 2 7 oo I Vlt,tg Su -dI •j Oqye 7. Is the parcel within 500 feet of a farm operation? { } Yes �No 8. Is this parcel actively farmed? { } Yes X 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. tj [ Iq 2. 3. 4. 5. 6. (Please use the ba k of is page if there are additional property owners) 17 / /y / zV Signatur 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 'y �q� Appendix B SEPLZoning � 9 2 Short Environmental Assessment Form 020 rd Of Appeals Instructions for Completing 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 cq� OSA Z VY� o Name of Action or�P}rc j ect: 1/ `U�C'+ -i I�r gam► �C� cel CA`Z Z�0 Project Location(describe,and attach a location map): I Z 7 O C:) 9� SU 1 Ct.,4-e.(&() V� Brief Description of Proposed Action: V L'V o—tL v Name of Applicant or Sponsor: Telephone: - 6e i/F -f !--1 M' CCA Yn o-2. Z( E-Mail: Address: ( -Z-70 o /vim S v ff7b k City/PO: State: Zip Code: (��� tie 1 (9 SS- 1. S- 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 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: / 3.a.Total acreage of the site of the proposed action? 3 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? 3 acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercialesidential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑Parkland Page 1 of 4 1 5. Is the proposed action, B- El'Y[U NO YES N/A a.A permitted use under the zoning regulations? � y 0 x b.Consistent with the adopted comprehensive plan? SEP 2 9 2020 x 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES Zoning Board Ot Appeals landscape. LI X 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 X 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? k 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: 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: 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? X 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? x 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 L"Wetland ❑Urban ❑ Suburban 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? X 16.Is the project site located in the 100 year flood plain? NO YES V 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? EXNO PPYES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO 10 YES G4 r c o Page 2 of 4 18.Does the proposed action include .,:,auction or other activities that result-in-the-impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? 4 RECEIVED If Yes,explain purpose and size: I J ' UZU I 19.Has the site of the proposed action or an adjoining property been the locatio fan-active or closed NO YES .cunwrl Board Of Appeals 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: �( I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE / Applicant/sponsor nam : D�^( Date: 9'-i6 r Z 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 - k No,or Moderate FSEP IVED small to large q (� impact impact 2oza may may occur occur 10. Will the proposed action result in an increase in the potential for erosion floodin orainage problems? ` �onmg hoard uf�pp��d1> 1 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-term 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 M Board of Zoning Appeals Application AUTHORIZATION (where the applicant is not the owner) ROBERT&KIM CAGNAZZI, as owners of premises 12700 New Suffolk Ave., Cutchogue,NY 11935 (SCTM# 116-6-14)residing at 39 Connelly Rd., Huntington,NY 11743 do hereby authorize our attorney, Patricia C. Moore,to apply for varia ce(s) on my behalf from the Southold Zoning Board of Appeals. (owner's signature) Robert Cagnazz' (owner's signature) Kim Cagnazzi LBoard IL40 APPLICANT je TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNERS AGENT) The Town of Southolds Code of Ethics prohibits conflicts of interest on the part of Town of 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: CAGNAZZI,ROBERT&KIM AND MOORE,PATRICIA C. (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 or company name.) NATURE OF APPLICATION.(Check all that apply.) Tax Grievance Variance Special Exception If Other, name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other Trustees 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. A 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 X Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position bf that person: Describe that relationship between yourself(the applicant) and the Town officer or employee. Either check the appropriate line A through D(below)and/or describe the relationship 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 than 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 A day of. 21 Signature:W4 . o rt Cagnaz K)il Cagnaz L;W C.Moore AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the pari of town officers and employees.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: (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.) RECEIVED TYPE OF APPLICATION:(Check all that apply) �/i I' l Tax grievance Building Permit (`'t'"i Variance x Trustee Permit SEP 2Q20 Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planningoring Board Of Appeals 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 X — 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 /0 –day-of�,209 Signature Print Name �GG/Y�co4 ��©O/i-C Town of Southold MCE1VER LWRP CONSISTENCY ASSESSMENT FORM 74 `` 0 A. INSTRUCTIONS SEP 2 9 2020 1. All applicants for permits* including Town of Southold agenciesz°sRQ co°mpl2te' t is&AF 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# _ j y The Application has been submitted to(check appropriate response): Town Board 0 Planning Dept. 0 Building Dept. 0 Board of Trustees 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital 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: )fie 5pau- 6W Unvak QjJMsalGS( uW) Cmc\ QYc\1a 6ftaz e Location of action: 12 7 00 61w11L Site acreage: RECEIVED Present land use: h CA il OU --71 1)t" Present zoning classification: (2- q b SEP 2 9 2020 2. If an application for the proposed action has been filed with the Town of South'Sldpagenc t f)fd)fJl1-o, in9 information shall be provided: (a) Name of applicant: 6e Lm' oct z7-1 �j (b) Mailing address: R-70 0 N-e) SvfifMIL (c) Telephone number:Area Code( ) ��7I _ aaQ L4 (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. 0 Yes ❑ No ❑ Not Applicable �-e c ' Lei►-� i e c S S 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 13 No 1� Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria Ln Yes © No 0 Not Applicable — RECEIVED Attach additional sheets if necessary SEP 2020 NATURAL COAST POLICIES -Zoning Board Of Appeals 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 0 Yes 0 No EA Not Applicable 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 0 No [)Al Not Applicable 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 [] No' Not Applicable RFf FT1/Fn 1 I Attach additional sheets if necessary 5tr 75 QV 10ju Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Se�ChonF IIlp�al'ghcies Pages 32 through 34 for evaluation criteria. ❑ Yes [] No' Not Applicable 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 1:1 No W Not Applicable 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. ❑ YeJ_1 No W Not Applicable 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 0 No �fl Not Applicable } lSEP Z 9 2020 1 I� t `L u__�'!ng Board Of A�nPar� Attach additional sheets if necessary ----J 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 W Not Applicable 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 ❑ No X Not Applicable Attach 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. ❑ Yes ❑ No F"" Not Applicable Created on 5125105 11:20 AM 2 g V ? RECEIVED -7q-qo 2 9 BOARD OF SOUTH T0VVN'TR1Y8TR SEP 2020 SMTHOLDI NIIFW YORK _honing Board Of Appeals v PE M0.0560 -DA-TE.' 0J'CT-0BtR 16,2019 ZILI ISSUE-D-TO:- ROBERT&I=C.AGNITAZ� ZI , PROPERTY ADDRIE SFS: 111100 NEW SUFFOLKAVU,TUE,C-UTC-ROGVE- Z -TM#1000-116-64-4 -AV -T O _N MRIZA -10 1 P rsunt to the-Prqvisioffs of Ckaptdt'275 df the Tom Code bf the Tomn_cif Sbithold and in PW of the Bq4nd of Tfusteeg acwith Absoluti _Ad4pf,-d:k-ffehi&tHg_he1d an Qib ler 16.:2019. and in oap ' ffi im - ).Z1, lr , ltl � . PtUyKi -Cagnatzidsubjecothe . is-tile -th Sput To - old Terms and Conditions as-stated' If %Wn B6�fd0 Trcsi es°auth andlit; rAf j, e. the fol-lowffi,g: 1. lVetland Permit-For the existing one;!jory,I,271sqlt. btt66hid covered porch;demblisti`affid rhove 3,814iqXE of'existir Gg gavel driveway east of cott;lge�and a I sq�ff dweiii 46otgtintj tis d '11' n n tdi # NK 4,439sq.'ft.. .ye to 1,000s Jt attached g�ra�iand-f,907sq.k ch a s I' ory _q 3 gutters to leaders to drywells io contain roof-runoff _'__tftiT__ 4 07s�.Tt.fb&edft�rr Appb5xirfi' e con-s -a- 4 atel�y 2!-Wabbvi &Ad&j'propdsbd 77-,ts4.ft.-in--g-round-s-.vimmineoqols retaining wags and steps4ograde;-idjacentto existihg co 1 tMa_y M, cle gq gc!21 54ft.,Qf P:bLw*alkways,,step Ung Ann-es,(total 131.25s_41i.,and_tok m--AM-ga-rdiin area(235s q.ft.), P _�q.t pyoRosed-457sq.ft.--,-2,ravP-l-:p2rk*in,7a-- re no f-edVel driveiW:ay athin Ti:uaie i. 63 -fenci'ngand gate;est3blbha4'aide-g"p*lG,thebea fifrom.juri§dfedSp);,,4j9-� Jinddr feet of propqse4 pool 4y am ma..Non-Disfiirhdn�&budertq- i46"" ntidaf ePa!jdsjq4,0gg"f kecoflicB,''install�n4j4it�-hy etwee w bank fluctuating width bfW6nJ6tijrbdfice b(i a 11ii 6 finlu Arb f 2 07-`t6_8-M a-1A 0-f--5 52i__iu a-in sial I a n-a ffe7r- ftroetually maintain-a bran-Turf buffer along the landward edge-of the Aion-MtUrbihte litiffeY irO to esisfing of dia"rhig4id frodi We 6§ter. i- slid per 351 wide-Non-Disturbance buffer,iy,wetlaidds iaibb' pet, pily "afn6ika' 5*1 'and install and-Vgtp�tiqatjy,-fif5j­h&jfi A T`i-n­d_w�ird' �edddiif th&ii"-Diis' ce Bus,- With thex- e pix- vious,anondition of the installation-of an 11A septic_sy�i�ap, no in-ore thaji-16 frees be Irduiaved,flibk the eway C_ I driv b d that the pool iiii saltwater oply-,-4pd a�k,#epacted on the site-plaq-prepared byAustin, 'da _ Jft0,2019,-,anditampeid:ap _P�tt@y0ft Dis-stonMehiteW red -A_ku3 n thesaid cif TrqstgeS,h"-tdfttd its edrPtif0t4 sea-to 116-ande�- '� and byg-majo-.ry: r,;;&e said Boaird at of the,16th-dq of Gdtbber,2019: �J 4 J A _ RRECEIVED TERMS AND CONDI'T'IONS '7 SEP 2 9 2020 The Permittee Robert&Kim Caanazzi.residing at 12700 New-Suffolk Ave'nueo.Cutcho'ue;Appeals New York as part of the consideration for the issuance of the Permit does un ers__d-att prescribe to the following: 1. That the said Board of Trustees and the Town of Southold are released from any and all damages,or claims for damages,of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will,at his or her own expense,defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto,to the complete exclusion of the Board of Trustees of the Town of Southold. 2. That this Permit is valid for a period of 24 months,which is considered to be the estimated time required to complete the work involved,but should circumstances warrant,request for an extension may be made to the Board at a later date. 3. That this Permit should be retained indefinitely,or as long as the said Permittee wishes to maintain the structure or project involved,to provide evidence to anyone concerned that' authorization was originally obtained. 4. That the work involved will be subject to the inspection and approval of the Board or its agents,and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. 5. That there will be no unreasonable interference with navigation as a result of the work herein authorized. 6. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. 7. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized,or if,in the opinion of the Board of Trustees,the work shall cause unreasonable obstruction to free navigation,the said Permittee will be required, upon due notice,to remove or alter this work project herein stated without expenses to the Town of Southold. 8. The Permittee is required to provide evidence that a copy of this Trustee permit has been recorded with the Suffolk County Clerk's Office as a notice covenant and deed restriction to the deed of the subject parcel.Such evidence shall be provided within ninety(90)calendar days of issuance of this permit. 9. That the said Board will be notified by the Permittee of the completion of the work authorized. 10. That the Permittee will obtain all other permits and consents that may be,required supplemental to this permit,which may be subject to revoke upon failure to obtain same. 11. No right to-trespass or interfere with riparian rights. This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights,title, or interest in_real or personal property held or vested in a person not a part3-to the permit Michael J.Domino,President Town Hall Annex 54375 Route 25 John M.Bredemeyer III,Vice-President Glean Goldsmith �3 P.O.Box 1179 Southold,New York 11971 A.Nicholas Krupski Telephone(631)765-1892 Greg Williams 'E� �. Fax(631)765-6641 ����o BOARD OF TOWN TRUSTEESEZOrlingBoard D TOWN OF SOUTHOLD � 020 October 16, 2019 Appeals Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 RE: ROBERT& KIM CAGNAZZi 12700 NEIN SUFFOLK AVENUE, CUTCHOGUE SCTM#1000-116-6-14 Dear Mrs. Moore: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, October 16, 2019, regarding the above matter: WHEREAS, Patricia C. Moore, Esq., on behalf of ROBERT& KIM CAGNAZZI applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated August 5, 2019, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS,the LWRP Coordinator issued a recommendation that the application be found Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on October 16, 2019, at which time all interested persons were given an opportunity to be heard, and, WHEREAS,the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS,the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS,the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, 2 , f RECEIVED SEP 2 9 2020 WHEREAS, the Board has determined that the project as proposed wilpot affect the health, safety and general welfare of the people of the town, oning Board Of Appeals NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees have found the application to be Consistent with the Local Waterfront Revitalization Program, and, RESOLVED, that the Board of Trustees approve the application of ROBERT& KIM CAGNAZZI for the existing one-story, 1,271sq.ft. cottage with 264sq.ft. attached covered porch; demolish and remove 3,814sq.ft. of existing gravel driveway east of cottage and a 1,824sq.ft dwelling; construct a proposed 4,439sq.ft. footprint,two-story dwelling with 1,000sq.ft. attached garage and 1,907sq.ft. porch and balcony; install gutters to leaders to drywells to contain roof runoff; construct a 4,407sq.ft. raised terrace approximately 2'-3'above grade; proposed 774sq.ft. in- ground swimming pool, retaining walls and steps to grade; adjacent to existing cottage, construct 2,525sq.ft. of new walkways, stepping stones (total 131.25sq.ft.), and formal garden area(235sq.ft.); proposed 457sq.ft. gravel parking area north of cottage and landward of gravel driveway(802sq.ft.within Trustee jurisdiction);419.63 linear feet of proposed pool fencing and gate; establish a 4'wide access path to the beach;from Peconic Bay install and perpetually maintain a Non-Disturbance buffer located between tidal wetlands and edge of bank, fluctuating width of Non-Disturbance buffer a minimum of 20'to a maximum of 55', and install and perpetually maintain a Non-Turf buffer along the landward edge of the Non-Disturbance buffer up to existing edge of clearing; and from the easterly wetlands establish and perpetually maintain a 35'wide Non-Disturbance buffer, and install and perpetually maintain a 15' Noir-Turf buffer along the landward edge of the Non-Disturbance Buffer, with the condition of the installation of an I/A septic system,that no more than 16 trees be removed,that the driveway be pervious, and that the pool be saltwater only; and as depicted on the site plan prepared by Austin Patterson Disston Architects dated August 30, 2019, and stamped approved on-October 16, 2019- Permit 6, 2019.Permit to construct and complete project will expire two-years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification_ Inspections are required at a fee of$50.00 per inspection. (See attached schedule.) Fees: $50.00 Very truly yours, Michael J. Domind; President, Board of Trustees MJD/dd SCTM # TOWN.OF SOUTH' OIL® PROPER OlUVNE l�awn STREET C-) - I VILLAdit u15 1. SUB. LOT ACR, RErARKS TYPE OF BLD. 31 t 1 1 L- 1504- 51 L/5 4n 5v I v� �j ic-, �p Re?VYA ((+'`V 'Y' PROP. CLASS T )0 tAJ IIIIIH -L iz�q-IP31-15- 9-de-s h Sl-i I e,5 vA)l LAND qIMP. TOTAL DATE j I 7— (0 M. -7- 4-0( 6700 � OaOO 7- /3 r Ile. ra L/ 0 C%ll qu coo C: FRONTAGE ON WATER HOUSE=/LOT BULKHEAD TOTAL TOWN OF SOUTHOLD PROPERTY kC01RD ' CARD OWNER STREET VILLAGE DISTRICT SUB. LOT j vyj 'lop v j jj i�i /4v4f" U C v-y 5 v,01ora.-O vk *) 9 FORMER OWNER r NE ACREAGE "W If Ivy, -�nav\ ,jr e 0 In-pskAsS4W TYPE OF BUILDING 1 � RES. f 0 SEAS. VL. FARM comm. IND. I CB. misc. AND IMP. TOTAL DATE REMARKS7'& P. to 00, 1/ ol G--- '?on AGE BUILDING I�DITION NEW NORMAL BELOW ABOVE ,,q Form Acre Vo!ue Per Acre Value __ — ---_ _---._....... ._._,..___..__ ..__._ .. � i j �/�7�.�1�.—,�.//�7hvg��IQS__#N�_, .,Tf//.!S *� S Irc/5r To Tillable 2 1 Tillable 3 LU U-J -4 aq iCF Wco —dland b LU CO swampland (f) C: , 3 rLIshland House Plot f <:D N C) o W J N Uj LLJ Lij w.-. t y, .�• ` ,w .. ` ,� � 1.1 X 2 - ti� - - 116.-6-14 03/19/2018 M. Bldg. `K r ! - p000. ,Foundation G, 1� ' Bath Extension Z 1 X Zz-'r} - 3, Z� o r 4 Basement- Floors �e r'/Al V E si ('Ext. Walls ® r interior Finish Extension C'oq� Fire Place Heat Porch Attic 21 J / � Porch Rooms 1st Floor Breezewa Patio Rooms 2nd Floor Gar .o7gDriveway a 0xS — l �Q �r a �� isr''r � -7'�6;J - • �Y t�- T � ,` �•`�~ •I - /. .�- • •ice• . � r• Vol �M Lt Ir ..M%-•• �� •. 00 par- e .� L :# �����#� ��_ �_ - .. '.'. `_.}wM";• +.may _ _ :"moi. v I PATRICIA C. MOORE REtl Attorney at Law 51020 Main Road S E PSouthold,New York 11971Tel:(631)765-4330 Fax:(631)765-4643 Bo pcmoore@mooreattys.cwm honing www.mooreattys.com September 28, 2020 Zoning Board of Appeals Town of Southold PO Box 1179 Southold,NY 11971 RE: 12700 New Suffolk Avenue, Cutchogue SCTM: 1000-116-6-14 NOD Dated August 11, 2020 Dear Board members: Enclosed please find an application to the Southold Town Board of Appeals and my client's check in the amount of$500.00 made payable to the Town of Southold. Please email a receipt of this letter with a date stamp to juliaschade@mooreattys.com. Thank you. Very truly yours, -"R� C Y AftAu Patricia C. Moore PCM/jms ELIZABETH A.NEVILLE,MMC Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 C 2 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS ® Fax(631)765-6145 MARRIAGE OFFICER ®� ��`' Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: September 29, 2020 RE: Zoning Appeal No. 7440 Transmitted herewith is Zoning Appeals No. 7440 for Robert Cagnazzi: _Notice(s) of Disapproval _The Application to the Southold Town Zoning Board of Appeals Applicant's Project Description Questionnaire ✓Correspondence-�4. to 6 _,,/Certificate(s) of Occupancy -Fo LIM 112►&120 Building Permit(s) �isc. Building Dept. forms (Certificate of Compliance, Housing Code Inspection, etc.) __V,,'Misc. Paperwork- i'r w 5 4-e.e-5 Copy of Deed(s) Findings, Deliberations and Determination Meeting(s) __.,ZAgricultural Data Statement ,/Short Environmental Assessment Form _Board of Zoning Appeals Application Authorization Action of the Board of Appeals /Applicant/Owner Transactional Disclosure Form(s) /Agent/Representative Transactional Disclosure Form(s) _LWRP Consistency Assessment Form Photos Property Record Card(s) Maps- --7Survey/Site Plan _Drawings y ,- Town of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 09/29/20 Receipt#: 275358 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7440 $50000 Total Paid: $500.00 Notes: Payment Type Amount Paid By CK#689 $500.00 Cagnazzi, Robert M Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Cagnazzi, Robert M 39 Connelly Rd Huntington, NY 11743 Clerk ID: JENNIFER Internal ID 7440 L ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE : September 29, 2020 ZBA # NAME OF APPLICANT CHECK# AMOUNT TC DATE STAMP 7440- CAGNAZZI, ROBERT 689 $500.00 ECEIVED SEP 2 9 2020 00ulnold Town Mork TOTAL $500.00 Sent via Inter-Office to Town Clerk by: ES Thank you. MMA1'=�:GRT 5r�-``^i :�s�''r�a'.-`u;-'V�� -Ytc ;3-�Sz`t3''�°' ''ask" �g -;•"oi<.�_:„:c,3.=-.. %_..-bdFi ia. �+ NNELLY '� t' '39:COfib:: _-: =`<_ `Vp�i`'s`G' :FiLiN fIiVG fV - Y 1174373031`5 x OR D ERO. 's� t G/. o Er -Y ^s �S�'� �"S�- -'''�r- =:f err.:,.�c^_.•,f er •` - --r;�: �:DOILAR$A�,•F, F .zY'; 3-,JPIIAor'an eh B et m C.�` .xy,��• .. ,- .,�� z. `fit,^.:y.,",�.$ MEMO ".w = �3'.�,'��7`0�6 6���: 0`68-_9�����' �`_' � �• ���������; ^;� �,';_ i•;�>-.ra ;7: c"n�„yy h-2�r.:�.rw�.:.`�'7r':r - -�`,.;: - rt{n•,» � � `�� - - _. 'r _ _�,:'.-d' «.�; �.�.�! ice:;'mow a ,�,_� � ":;=.3�•� RECEIVE® SUPREME COURT OF THE STATE OF NEW YORK X , COUNTY OF SUFFOLK t 1925 GRANDVIEW INC. and PATRICK TREANOR, Petitioners, -against- PETITION SOUTHOLD TOWN ZONING BOARD OF APPEALS, Respondent. Petitioners, 1925 Grandview Inc. and Patrick Treanor, as for their Petition in this Article 78 proceeding by their attorney William D. Moore, state: 1. Petitioner 1925 Grandview Inc., is a New York corporation with offices in Nassau County, (herein "Grandview") and is the owner of real property located at 1925 Grandview Drive, Hamlet of Orient, Town of Southold, Suffolk County, New York. Petitioner Patrick Treanor is the President of 1925 Grandview Inc. 2. Respondent Southold Town Zoning Board of Appeals (herein"Zoning Board") is the duly organized entity designated by the Town of Southold under the New York Town Lawto hear and act on applications for variances from the provisions of the Southold Town Zoning Code. 3. This Article 78 proceeds seeks to reverse and annul a determination made by the Zoning Board in its "File Number 7390" filed in the Office of the Southold Town Clerk on September 23, 2020. A copy of the decision is attached as Exhibit A. 1 4. The Zoning Board's determination constituted an act beyond or in excess of its legal jurisdiction when it rendered a decision that was not based upon the provisions of the Town of Southold's Zoning Code. The Zoning Board's decision constituted an improper act "legislating" terms and provisions into the Southold Town Code which is the proper task of the duly elected members of the Southold Town Board and not a zoning board. 5. The Respondent's decision was arbitrary and capricious as it disregarded the facts and record before it and denied Grandview's application for a variance from the provisions of the Southold Town Zoning Code. FACTUAL BACKGROUND 6. Grandview's property is identified as lot number 17 in the Subdivision Map of Grand View Estates which was filed in the Suffolk County Clerk's Office on June 8, 1982. The lots in this subdivision conform to the Southold Town Zoning Code as a conforming subdivision. 7. The Grandview Estates neighborhood consists of larger homes both waterfront and upland, developed in the 1980's. The homes are large with high pitched roofs which include "code compliant ridge lines allowing for a "visual" third story." (Zoning Board Decision#7390 pg. 3) 8. Grandview's property is improved with a 21/2 story wood frame house with an attached 2 story-garage. The house complies with all of the Town's zoning setbacks [front yard, side yard, rear yard], lot coverage, and height restrictions 1 set forth in the Southold Town "Bulk Schedule." The provisions of the Town 2 r Zoning Code include a limitation of the size of a "half-story" as it is defined in the Code. The Code permits up to 50 percent of the floor area in the half-story to have a ceiling height greater than seven feet six inches. Grandview submitted plans for approval of a half-story consisting of 11 percent larger floor area with ceiling height greater than seven feet six inches than the 50 percent size allowed by the Zoning Code (an 11 percent variance) 9. The half-story in the Grandview Home home is improved with a family room, bedroom and bathroom. 10. The Southold Town Building Department issued a "Notice of Disapproval" for a building permit for "as-built" improvements to the half-story on the grounds that the improvements "constitute[d] a third story. 11. Grandview submitted a variance application to the Respondent for relief fiom the area [percentage ratio of floor area to ceiling height] of the half-story as defined by the Southold Town Zoning Code. 12. The Zoning Board denied the variance application and Grandview has commenced this Article 78 proceeding to reverse the Zoning Board's determination. GRANDVIEW'S APPLICATION FOR AN AREA VARIANCE 13. Grandview's application to the Zoning Board sought an area variance from the floor area/ceiling ratio of a "half-story" set forth in the Town's Zoning Code. 14. The Southold Town Zoning Code section 280-4 defines a "half story" as: Any space, with a minimum clear height of five feet, partially within the roof framing 3 �-7ff-0 where the clear height of not more than 50% of such space between the top of the floor beams and the structural ceiling level is seven feet six inches or more. 15. Grandview sought a variance from the provision of the Southold Town Code which limits floor area in a half-story to fifty percent of the floor area which exceeds 7 Y2 feet in height. Specifically, Grandview sought approval of the half- story which would consist of 484 square feet in area exceeding 7 %2 feet in height of the total half story 791 square feet. The variance requested therefore sought approval of an 11 percent increase in the floor area restriction. 16. A public hearing was held on August 6, 2020 at which time Grandview presented written and oral evidence to justify the variance requested. No evidence or testimony was presented in opposition to the variance application. 17. Grandview provided proof that more than satisfied the criteria for an area variance set forth in New York Town Law §267-b. 18. The criteria to be considered by the Respondent Board for an area variance are set forth in New York Town Law section 267-b In making its determination, the zoning board of appeals shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination the board shall also consider: (1) whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance; (2) whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance; (3) 4 whether the requested area variance is substantial; (4) whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and (5) whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the board of appeals, but shall not necessarily preclude the granting of the area variance. 19. The first consideration to consider is the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. Grandview provided uncontested, unopposed evidence that the use of the half-story as proposed constituted a reasonable use of the existing home which was designed and originally constructed with building permits and a Certificate of Occupancy issued by the Town of Southold as a two and one-half story-residence. The Respond acknowledged in its decision that the use of the half-story would not change the exterior size or appearance of the building. 20. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearbyproperties will be created by the granting of the area variance The proposed alteration and variance would not change the existing character of this fully developed subdivision of large single-family homes on a secondary road. The use of the half-story as habitable space for this residence would not change the character of the neighborhood whatsoever as the exterior of the structure remains unaltered, and the use remains as always, a single- family dwelling. 5 21. The Respondent's decision acknowledged that "several homes [in the neghborhood] have articulated dormers or other architectural features, including windows, allowing light and ventilation . . . implying a third story as part of the design scale." The Respondent further stated, Grandview's use of the half-story for living space "would not change the exterior size or appearance of this dwelling." In spite of these findings, the Respondent declared that use of the half-story [which it incorrectly described as a "third story" habitable space] "is not in keeping with the character of the R-40 zoning district. This statement is patently absurd as the Southold Town Zoning Code expressly permits the construction and use of a two and one-half-story single family dwelling in residential construction. The use of a half-story is not restricted under the Town's Zoning Code in any manner. 22. [WIhether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area valiance Grandview provided evidence that the benefit sought by the applicant could be achieved by some method feasible for the applicant to pursue, other than an area variance, because the existing house was designed and constructed with the potential to be used as habitable space on the upper half story. The house does not appear and is not modified from the exterior. The house was designed, at the time of construction, with full sized windows and high ceilings. Without the variance for the existing half story, the living area cannot be used. The architect has designed 6 the half-story to such a degree that is both reasonable and feasible for the interior redesign of this existing half story. 23.. whether the requested area valiance is substantial The amount of relief requested is not substantial because the existing house was constructed with a large half-story. The house height is not changing. Only the interior space will be altered and made livable. The house on the subject parcel has a 1,920 sq.ft. footprint and two story garage, however, the lot coverage is less than 6%. The use of the existing half-story keeps the footprint of the house unchanged and maintains the open space of the property. The proposed variance of 11% is a reasonable use of the half story space that has existed as part of the dwelling since it was first constructed. 24. [Whether the proposed variance will ha ve an adverse effect or impact on the physical or environmental conditions in the neighborhood. The property is not affected by environmental constraints. The sanitary system will be expanded to meet Suffolk County Health Department standards. The property remains as a single-family dwelling in a community of large homes in a community with little vehicular traffic on isolated secondary roads in the easternmost area of the Town. In its decision, the Respondent agreed and found that*no evidence had been submitted to suggest that a variance would have an adverse impact on the physical or environmental conditions in the neighborhood. 7 25 [W]whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the board of appeals, but shall not necessarily preclude the granting of the area variance This home was built with a large half story under a building permit and Certificate of Occupancy. The Town Zoning Code does not prohibit the use of a half-story in a 2 V2 story home for habitable space if the provisions of the New York State Building Code are satisfied. The applicant undertook certain renovations that did not lower the ceiling height in a sufficient area of the half story to obviate the need for a variance of 11 percent. The applicant's architect has identified an area of the existing half-story that can be lowered thus reducing the degree of the variance that would otherwise have been necessary. To the degree the half-story improvements created the difficulty, the proposed alteration is a reasonable and feasible solution to limit the variance request to the minimum necessary. RESPONDENT'S DENIAL OF AREA VARIANCE 26. The Respondent disregarded the facts and the provisions of the Southold Town Code and the constraints on its own jurisdiction as it legislated its way to a conclusion to deny the area variance. 27. The Respondent set up a "straw man" argument by wrongly characterizing Grandview's application as one to "convert an attic to habitable living space." This intentional mischaracterization of the home and Grandview's application for an area variance ignores both the law and the facts that were presented. 8 28. The improvements to this home's one-half story include a living space, bedroom and bathroom. The Zoning Board labors under the mistaken belief that the half-story cannot be used for living space. In its decision the Zoning Board seeks to distinguish prior variances granted by the Board because those prior decisions did not include what it characterized as "habitable space" in the half story. However, there is no provision in the Southold Town Zoning Code which prohibits the use of a half-story for living space. Instead, the use of property in the R-40 zoning district permits, "[o]ne-family detached dwellings, not to exceed one dwelling on each lot." Southold Town Zoning Code §280-13. In turn, a "dwelling" is defined as "A detached building containing one dwelling unit only consisting of a minimum living area of 850 square feet. A building or entirely self-contained portion thereof consisting of a minimum living area of 850 square feet containing complete housekeeping facilities for only one family, including any domestic servants employed on the premises, and having no enclosed space (other than vestibules, entrance or other hallways or porches) or cooking or sanitary facilities in common with any "dwelling unit." Southold Town Code §280-4. Lastly, the Town Code defines "Livable floor area" as All spaces within the exterior walls of a dwelling unit, exclusive of garages, breezeways, unheated porches, cellars, heater rooms and approved basements having a window area of less than 10% of the square foot area of the room. Usable floor area shall include all spaces not otherwise excluded above, such as principal rooms, utility rooms, bathrooms, all closets and hallways opening directly into any rooms within the dwelling unit. Southold Town Code §280-4 9 1 29. There is no provision in the Southold Town Zoning Code which prohibits or precludes the use of a half-story for livable floor area. The Zoning Board arbitrarily chose to characterize the half-story as an "attic." There is no definition of"attic" in the Town Code. Having declared the half-story to be an "attic" it concocted from whole cloth its own declaration that the "attic" cannot be used for "habitable space." The phrase "habitable space" is not defined in the Southold Town Zoning Code either. The Code does, as noted above, define "livable floor area" that does not prohibit or restrict in any manner whatsoever, how the half story for "livable floor area" is used. As a result, the Respondent Zoning Board is operating outside the bounds of the Town Zoning Code and is acting improperly and beyond and in excess of its jurisdiction as a legislative body rather than a zoning board of appeals. 30. The Respondent's decision is based upon such improper grounds and analysis that it is entitled to no deference. The Respondent purported to use the Town Law §267-b criteria to analyze the area variance application before it, but within the body of its decision reveals its true misunderstanding of the law when it declared that "the structure is a three-story structure which is not permitted in the R-80 [sic] zoning district." The Respondent declared that the area variance for the half-story was not an area variance from a "bulk schedule requirement" when in fact it was exactly that, an area variance from the half-story square foot computation set forth in the Town Zoning Code and its Bulk Schedule. 10 -T il re o �SlijtC, j.y l un-u t,-aril IrL,,P-, T'he J44Pigi.-in iD5 ler6rnn mu u Tid a Ylftat;-Ks u,,rbcs Eyed v:1['1 e- v" t adgm(- nt 1--vrquias, dI- svurr rhanju ar-d 2iLIin- the solith;AdT.)--vtZo.dn: 'i ard AlD- isi -j, in F r j I-tri t i i ig,of It he rn�i q umasted aron variin c= n ap-p lie by uh- huT with such cirhc.r am ru rr.hrj,ye.]it:fn s:,thc- CzU!--dr-, u Pt n d plmp,�r bn gramLe?lt f-,j rAr-P-H ti oneir-c Dated- 0,,, 1-1 2020 7 17-131 ,)L;: iACid L.c�2TA'j "'a I.ISr+,tib, +.:2 L.2 •�t+ Vi ;.ti )_=,+;•, .IJ: ft_IG Zell+::;{ 2;.Eid_E.iL=rI�tL1}t: i:;.Kll:�)ti.':3TPT t r3 :.d_t,r{j :S?;ILEI JZ'T [c :iIi:iL v` S3 —cr .11ta;PT S[Jc,Tat.t =ii ;u,i1 ALT? ^.t,_: �)[JZ> iz}1117r+ LIIC1 � .r`I Zql tt:?:�.I 3t:i� ;-:i{ 'r1:L7I ,`'•t! �._=+J ,'..t(7 }):)(t�1::t_=itr�(`L? '„•T-j tJ! .Z-7I:t'!T)Ij.l -'�iL:i _14oi!�J� :+ -, .F'-- .7t,.T -�< lit:{ I :aifi �Z a:LT F I.{. •-''T?�TII-'`:'. `'tt�rJ�'�' ,t+tr)_ E +.rr•::.3uzan KO { 1.21a Eai:+4 To: Southold Town Zoning Board of Appeals R 1 SFO From: Patricia C. Moore, Esq. dFC ��0 Re: 1925 Grandview LLC, Appeal #7390 Hearing Date: 8-6-2020 Memorandum of Law FACTS This parcel is lot number 17 in the Subdivision Map of Grand View Estates which was filed in ,the Suffolk County Clerk's Office on June 8, 1982 as a conforming subdivision. This subdivision was developed over the years with large 2 '/2 story homes. Several homes in Grand View estates subdivision which surround the subject property appear to be over 2 stories in height, but it is not possible from the street to distinguish habitable half- story uses. The neighborhood of Grand View estates also consists of large waterfront parcels and large homes on large lots. The lots on the water are slightly smaller than the subject property. The waterfront homes appear to have approximately five to seven thousand square feet of living area. The subject property was built in 2010 and the applicant purchased the house shortly after it was completed. The completed house included the existing upper floor area with a full-sized "attic". At the time the improvements were done more than 10 years ago, the owner was not aware that a zoning variance would be needed to use the existing upper story for habitable space. Once this issue was known, the process required to obtain a variance began with the need for an architect to determine whether the space conforms to the New York State building code. This appeal has taken more than 3 years to reach the zoning board of appeals. The existing house, according to the construction plans filed with the building department and issued the certificate of occupancy is less than 35' in height (30'-10" measured to the Mean) and the subject upper floor is within the existing roof structure. This upper floor is defined as a third floor under 1 the New York State Building Code and was intended to serve as a "half story" as defined in the Southold Town Code.' The existing house has a traditional design; 1St floor contains the common areas and the second floor contains 4 bedrooms. The upper half story contains a master suite (sitting area, bedroom, and bathroom). Photographs of the interior and exterior of the house have been provided to the Zoning Board of Appeals. The parcel is over one acre and contains almost 25 percent more area than the minimum lot size required for R-40 (49,613sq.ft.). The height of the existing house is compliant with the Town zoning, less than 35 feet in height. The use of the upper floor for habitable space is considered a third floor under the State Building Code and a half-story under the Southold Town Zoning Code. Under both definitions, the use of the house remains a single- family home. The upper floor will be improved with code compliant fire suppression and will comply with the New York State Building Code. The installation of sprinklers/fire suppression will be a condition of this variance. Importantly, the Southold Town Code does not prohibit the use of a half-story for habitable space within a residence. The Southold Town Zoning Code defines a "half story" as: STORY, HALF —Any space, with a minimum clear height of five feet, partially within the roof framing where the clear height of not more than 50% of such space between the top of the floor beams and the structural ceiling level is seven feet six inches or more. [Southold Town Code section 280-4]2 1 The Southold Town Code limits single family residences to 2 %stories in height up to 35 feet. Z The use of upper floors or a half story is handled differently in surrounding municipalities on the East End of Long Island. In the Village of Greenport,a half story is defined as "Any space partially within the roof framing where the clear height of not more than 50%of such space between the top of the floor beams and the structural ceiling level is seven feet six inches or more."Greenport Village Code section 150-2. In the Village of Southampton,The maximum allowable building height is defined as 2 stories and the Village defines a "half story" as "A story with at least two opposite exterior sides meeting a sloping roof not more than two feet above the floor of such story and having a ceiling height of at least 7 1/2 feet over not more than 1/2 the total floor area". Village of Southampton Code section 116-2. 2 -*-Wgc) The floor area of a half story shall be excluded'in calculating the gross floor area to the extent that the half story has a ceiling height of at least 71/2 feet over not more than 1/3 of the total floor area of the half story. If the half story has a ceiling height of at least 7 1/2 feet over more than 1/3 of the total floor area of the half story,the excess(the portion of the floor area having a ceiling height of at least 7 1/2 feet which exceeds 1/3 of the total floor area of the half story)shall be included in calculating the gross floor area. There is no further differentiation of the type of space(unfinished attic, bedroom, bath, etc....) The major limiting factors are its inclusion in the allowable floor area of the dwelling. In the Town of East Hampton, residential buildings are limited to a building height of 2%stories, but they are very specific with their definitions about the allowable use as unfinished, uninhabited storage. STORY, HALF An attic. [Amended 3-15-1991 by L.L. No.4-19911 ATTIC An unfinished, uninhabited space, used for storage purposes only,which is situated between the top floor and the roof of a single-family residence having a gabled roof.j6l [Added 3-15-1991 by L.L. No.4-1991] 3 The owner seeks a variance from the provision of the Southold Town Code which limits habitable area in a half-story to fifty percent of the floor area which exceeds 7 '/2 feet in height. The variance requested seeks approval of an 11 percent increase in the permitted habitable space in the half-story. Attached as Exhibit A-103A is the floor plan of the upper floor [Third Floor Plan] prepared by Vincent Benic, AIA. This drawing and the calculations set forth show that the upper floor's habitable space is 791 square feet. This habitable area is comprised of 109 square feet which is less than seven feet six inches in height, and 682 square feet of habitable area which is greater than 7 ft. 6 inches in height. These areas and the computations are set forth in the attached Exhibit A-103B. As presently constructed, 682 square feet of the total 791 square feet of habitable area is over the 7 ft. 6 inch height [86% of the total habitable area and is thus non- complying because it exceeds the allowable 50 percent set forth in the Town Code]. The architect and owner have proposed to lower the height of 164 square feet of the habitable area to the compliant 7 ft. 6 inches in heights' The proposed lowering of the ceiling height reduces the ceiling height of the total habitable area which is greater than 7 ft. 6 inches to 484 square feet. As a percentage, 484 square feet is 61 percent of the 791 square feet in total habitable area. The code limits habitable area to 50 percent, thus an 11 percent variance is necessary.' The attached Exhibit A-103C shows the habitable area where the ceiling is to be lowered to a compliant 7 ft. 6 inches and the computations identifying the total habitable area and the variance needed from the provisions of the Southold Town Code. 3 Total habitable area 791 square feet. Area greater than 7 ft. 6 in height 484 square feet. 484/791= 61%. Code limit is 50 percent. 61%-50%= 11%over the code restriction. 4 LEGAL ANALYSIS VARIANCE OF 11 PERCENT INCREASE OVER CODE REQUIREMENT SATISFIES THE LEGAL CRITERIA FOR THE AREA VARIANCE The drawings and calculations set forth on the drawings of Vincent Benic, a licensed and registered architect authorized to practice in the State of New York, show the existing conditions, and the proposed alterations to reduce the height of a portion of the habitable area. The drawings identify that the proposed alteration results in a habitable area that exceeds authorized square footage of habitable area in the upper, half- story by 11 percent of the code authorized square footage. [Exhibits Al 03A, Al 03B and Al 03C] The criteria to be considered by the Board for an area variance are well-known to this Board and are set forth in New York Town Law section 267-b. In making its determination, the zoning board of appeals shall take into consideration the benefifto the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination the board shall also consider: (1) whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance; (2) whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance; (3) whether the requested area variance is substantial; (4) whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and (5) whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the board of appeals, but shall not necessarily preclude the granting of the area variance. [Town Law § 267-b] 5 The first consideration to consider is the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In the immediate neighborhood, this Board has granted what have been described as "third floor" variances in the following Appeals: 1000-14-2-3.7 2510 Grandview Drive, Orient Appeal #5007 10/25/01 (observation tower-sprinklers required) 1000-14-2-3.20 2055 Grandview Drive, Orient Appeal #6512 11/17/11 (third floor sitting area without sprinklers) The Grand View Estates community consists of large-volume homes of significant size. Many of the homes are designed and appear from the exterior to consist of three-stories as part of the architectural design and volume of these structures [ie. high, pitched roofs] Photographs of the surrounding homes have been provided to the Zoning Board of Appeals. Directly across from the applicant's property (1000-14-2-3.23) is what appears from the-exterior of the house a large three-story home with wrap- around porches. As a policy the Zoning Board should encourage homeowners to obtain permits for use of the half-story, and variances, if required. The permitting process assures compliance with fire safety requirements of the New York State Building Code. The approval of this variance will enable the owner to utilize the upper half-story for habitable space without making any changes to the exterior of the dwelling. This utilizes existing space within the home without the construction of a larger home [ie. extension] on the property. Use of this existing structure's upper floor for habitable space will have no impact whatsoever on the neighboring properties. The benefit to the applicant is thus far greater than the nonexistent impact on the surrounding community. Having established that the balance between the benefit to the applicant and the impact on neighboring properties weighs in favor of the applicant, the Board must consider the five criteria required by the New York Town Law. 6 (1) [W]hether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance The proposed alteration and variance do not change the existing character of this fully developed subdivision of large single-family homes on a secondary road. The use of the half-story as habitable space for this residence does not change the character of the neighborhood whatsoever as the exterior of the structure remains unaltered, and the use remains as always, a single-family dwelling. (2) [W]hether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because the existing house was designed with the potential to be used as habitable space on the upper half-story. The house does not appear and is not modified from the exterior. The house was designed, at the time of construction, with full sized windows and high ceilings. The proposed reduction of the ceiling height is the reasonable alteration to the residence that enables the applicant to utilize the half-story. Without the variance for the existing half-story, the living area cannot be used. The architect has designed the half-story to such a degree that is both reasonable and feasible for the re-design of this existing half-story. (3) whether the requested area variance is substantial The amount of relief requested is not substantial because: The existing house was constructed with a large half-story(attic). The house height is not changing; only the interior space will be altered and made habitable. The house on the subject parcel has a 1,920 sq.ft. footprint and two story, three- car garage, however, the lot coverage is less than 6%. The use of the half- story keeps the footprint of the house unchanged and maintains the open space of the property. The proposed variance of 11% is a reasonable use 7 of the half story space that has existed as part of the dwelling since it was first constructed. (4) [ ]hether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood. The property is not affected by environmental constraints. The sanitary system will be expanded to meet Suffolk County Health Department standards. The property remains as a single-family dwelling in a community of large homes in a community with little vehicular traffic on isolated secondary roads in the easternmost area of the Town. (5) [W]whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the board of appeals, but shall not necessarily preclude the granting of the area variance The difficulty is, in part, self-created. The Southold Town Zoning Code permits habitable space :for single family homes in 2 '/2 story homes. Throughout the Town of Southold there are 2 '/z story homes. Many of the Historic homes in Orient were built in the early 1900's and are 2 '/z story with habitable space on the upper floor. The use of existing space within a house is customary, whether in the 1/2 story or the basement, and provides cost- effective habitable space for families. The Southold Town Zoning Code does not prohibit use of these areas within a single family home. The New York State Building Code does require the inclusion safety features and design for fire escape. This home was built with a large half story under a building permit and Certificate of Occupancy. The Town Zoning Code does not prohibit the use of a half-story on a 2 '/ story home for habitable space if the provisions of the New York State Building Code are satisfied. The applicant undertook certain renovations that did not lower the ceiling height in a sufficient area of the half-story to obviate the need for a variance of 11 percent. The applicant's architect has identified an area of the existing half-story that can be lowered thus reducing the degree of the variance that would otherwise have been necessary. To the degree the half-story improvements created 8 the difficulty, the proposed alteration is a reasonable and feasible solution to limit the variance request to the minimum necessary. CONCLUSION The proposed alterations of the existing half-story to reduce the degree of non-conformity from 86 % (50% + 36%) to 61 % (50% + 11%) should be approved. The applicant has satisfied the area variance criteria of the New York Town Law and there is no reasonable alternative other than the 11 percent variance to permit the use of the half-story as redesigned by the applicant's licensed architect who has provided the professional analysis and judgment for this Board's review. Importantly, the provisions of the New York State Building Code with respect to residential construction and use will be met, and the variance should be granted as requested herein. Respectfully, Patricia C. Moore Attorney for Applicant Appeal # 7390 9 P'ECEIVED DEC 15 2020 BOARD MEN113FRS Leslie KatieWeisma . �WrPCTSOJI 53095 Main Road X 11,79 Southold.NY 1 971-0959 Eric Dawes Gerard P Goehringer CA Town Annex!Fimt Floor.Capital One.Mink George Horning CIA I 54375 Alain Road(at Youngs Avenue,, UM Kenneth Schneider 7(e ."'o v Southold,NY 11971 zt,�z http-l'isoutholdcc)-,Aii.:iorthfork.net ZONING BOARD OF APPEALS R CEIVE TOWN OF SOUTHOLD M I Tell.(631)765-1809*Fax(631)765-9064 MAY 2 r 2014 SI�thold 1Z ti FINDINGS,DELIBERATtONSAND DETERMINATION MEEIING OF MAY 15,2014 ZBA FILI:- 6744 NA'AF,OF APPLICANT: Stephan Kalaijian SCTM#1000-112-1-18 PROPER-r( Loc.,NrIoN. 1971 Bergen Avenue (aka Private Road #12) (adj. to Long ]!;land Sound) Matituck, NY SI RA Q1:1E The Zon.ng Board of Appeals k_ 'peals has visited the propem, under consideration in this application and determines that this review falls under the'Type 11 category of the State's List of Action,without further steps tinder SEQRA I 5LA,F0LK CQU_NTY AC�MINISTRZ1,VrIVE CODE.- This application �%as referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Departmert of Planning ssucd its reply dated April 22. 2014 stating that this application i• considered a matter for local determination a� there appears to be no significant county ide or inter-community impact, E A`RP_QETHUMIN�,.ATIQN�1. This application was referred for review under Chapte.-268, Waterfront Consistenc% reN ieNN of the To%N n of Southold Town Code and the Local Waterfront Revitalization P'rograrn (LU RP) Pohc}' Standards TFe LW'RP Coordinator issued a recommendation datod April 24. 2014, Based upon the information provided on the 1,WRP Consistency Assessment Form submitted to this department, as well as the records w,ailable to us, it is our re,ommendaiion that the proposed action is EXEMPT from Coastal Consistency Rcv,ovV tA0_PL_XD_' j-AC I S"1J CRIP7'IOIv: Subject property is located in a split zone AC and R80 districts and rias an area of ;46.8, i sq. ft 11 is improved with a t%ko story framed house with attached garage and deLk,,, it has an acces,son in-ground swimming pool and a shed, It has 174-35 `ee' along a 20 foot right of way(aka PriG ate Road 9" 9' feet along the eastern propci-ty line, 168.14 feet on Long Island Sound and 844.29 feet on the western property lin-z as shown on the survey dated May 21, 2012 last revised March 27. 2014 prepared by Nathan Taft Corwin. III, LS. L1L\5_1_S0F..APPLICA1IO1N': Request for Variance frorr. Article III Section 280-14 (Sulk Schedule) and the Ruildina Inspector's February 19, 2014 Notice of Disapproval based on an application for building permit for C011%erblon of an 'as built' 3`d floor space to habitable spac,-, ItJEIJFFREQUISTF.D: the applicant rzquesis avariance-o comert the third story :nto habitabie space to be used as a home office and gym, where The code allows a inaximijin of 2 stories. _qaLt1Q]1N.A-L_JN1RJNtVFIQN,: Due to the sloping topotyraphy of the subject property, more than 50% of the basement le'lel of the dwelling is above ground at portions of the varying grade, thus constituting habitable space as a first floor. The existing and proposed height of the dweding is code con(brining. During the hearing, the applicant was asked to calculate the size of the proposed hahitablethird story area I I I`e,pale is noted to be used as P cge 2 of 3 1r(a} 13,2014 /_AAPI6744 Kal.gnin S',71A91000-112-1-18 an office and gym No bathroom or sleeping areas are propos cd The plan, as applied for. included a new tct of stairs with a separafc exterior ent-ance to the proposed third st xy offEice At the hearing, the applicant agreed to remove the separate exterior entrance and to provide only in interior access to the third story space Otherchanges on the floor plan. as applied for, include alterations to the cit set on the north side, which will remain a cased opening without a door, and the walk-in closet on the opposit,-, side which will be used for storage. The Board requested that the applicant submit revised architectural drawings showing these changes, which were received on May 6,2014.Additionally the applicant will have to comply wit i NYS Code and provide a fire sprinkler system on the third story, This property has two prior ZBA actions, t'ie first in 1984(43246)which gmated 280A access and the second in 1986(43523) for a request to create a two lot subd v=ision/set-off which was di:nied without prejudice. F1AID1:L S(OF FACT:'REs45t)NS E OR BOARD ACTICN: The Inning Board of Appeals held a public hearing on this application on May 1,2014at which time written and oral evidence were presented. Based upon all testimony.docum,sntation,personal inspec(ion of the property and surrounding;neighborhood,and other evidence,the Zoning Bout J finds the following facts to be true and r�Fcvant and makes the following findings: 1. Town Law 15267-6(3)(6)(1). Grant of the variance will not produce an undesirable change in the cha6cter of the neighborhood or a detriment to nearby properties. The prisperty is not visible from any road and consists of over three acres surrounded by vineyares and woods,ovei ookutg Long island Sound. The design of the dwelling gives the appearance of two stories bemuse of the dramatically doping topography cf the subject property,and the prapcased third story use will be contained within the existing coinfornring roof height to which dormers have been added. 2 Town Law $267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method,,feasibie f'or the applicant to pursue.other than all area variance. rhe hoiae has been in its present location since 1990 and is built into a sinbstantial slope creating a condition in which slightly- less than _50 percent of the "basement level" is considered to be below grade and slightly more than 500/z)has leen determined to be above grade. The entre' level of the house is therefore determined to be a second story and tie level above that is considered to be a third story 'I he existing topography makes it functionally difficult to cor;Aract an at grade addition for the proposed 'ionic office and gn-m use. Town LawX267-b(,3 (b� )(3). The variance granted bereir is mathematically substantial, representing 100% relief from present code requirements However, the configur;tion of the dwelling and the unique topography of the property create the appearance of a two story dwe:lmg;and t he height is within the code allowable maximum of 3�'feet 4 Town Law 5267-1(3)(6)(4) No evidence has been .;ubm tied to suggest that a variance in this residential u01111nunity will have an adverse impa_-t on the physical or emironmental conditions in the neighborhood The applicant must comply with Chapter 236 of the Town's Siorni '%,Vater Management Code and is required to comply vv ith NYS Code regarding a fire sprinkler system Town Law 4267-6(3)(6)(5). The difficulty. has been self created The applicant built the dwelling after the Zoning Code was in effect and it is presumed thar the appli.-ant had actual or constructive knowledge of the limitations on the use ufthe parcel under the Zoning Code in effect prior to or at the time ofconstruction 6. Town Law $267-b. Grant of the requested relief is thc_ mnnmum action necessary and adequate to enable the applicant to enjoy the benefit of a third ;tory use while preserving and protecting the character of the neighborhood and the health.safety and welfare of the commi.ruty. RESOLUTION OF THE BOARD: In considering all of the aikove factors and applying the balancing test under 'yew York Town Law 267-B, motion was offered by Member Goehringer, seconded by Member Weisman (Chairperson),and duly carried,to Fa9v 3 of-s May I5,2014 t3A967�—Kalaipwi SCTMW)00.112-1-18 GRAYT1 the variance as applied for; aid shown on the surve•; dated May 21, 2012 last revised March 271. 201: prepared by Nathan Taft Corwin, Ill, LS, and the drawings pr-,,-,pared by Mark Schwartz, Architect, labelled A-8. proposed elevations dated September 25; 2013 and pages A-S & 10 (proposed floor plans) dated i`lay G, 2014 Subject to the following conditions; 1 proposed construction and present home shall have a ct,de conforming fire suppression system installed on the third floor prior to any C of 0 issued by the Bu:Idinl;,Inspector, 2. At no time shall any area of the proposed third story be used for sleeping quarters, bathroom or cooking facilities. 3 This grant is limited to daily haoitable use of the family and not to be rented or utilized by a third party at any time That the above conditions be wraten into the Building Inspectors Cert f ease of Occufluncy, when issued Any deviation from the su#roey,site plait and�or architectural dre,wtngs cited in this decision will result na delays andlor a possible denial by the Building Department of a buildimng permll, and may require a new applictttnon and public hearing before the Zoning Roars ofAppeals. Any deviation from the varionce(f)grunted herein as shoir,i on hc•architectural draivings, site plan and/or survey cued above. such cis alterations, extensions, or denrolinons, are not authorized under this application when involving noticon/ornwies under the =on ng code ?hit action a.oes•not authorize or condone any current or fitture use, setback or other feature of the subject property that mar idolate the Zoning Code other than such uses setbacks and other features as are expressly addressed in this ac dbii, The Boardreserves the right to substirure a similar destgtn that is de nunimis in nature for an alteration that does not increase file degree of noncoti'Y#T7#ty, Vo-re of.-he Huard ,ties. ,1fernbers Weisman t#..'hairperson,. Schnetd,-r, Hornung, Gaehr#nger, Dat:tes This Rewlinor, %vas duh•,adopted(-4-0). Leslie Kanes Weisman, Chairperson Approved for tiling `17 !2014 - ------ - �� - --'- -- --'-- d0�------''- -------�-- ---------------- ' _-___--___-_-_- - -__- ___ / MARK AtA / � ! | | � i / ' ^K°m ! «p S0N | . / �=* .�^ m^��� | � | / | REVIEWED By ZBA / DATF-O - | | --- -- '`= !| � ' - 'FINAL NAP [AEL�s�ta£s3 6Y 3AA }4 i 3 3 Nathan Tatt Corwin III i Land Surveyor i i -7qq� -,I' OMCE LOCATION: MAILING ADDRF—SS: \0 Town Hall Annex Y.O. Box 1176 State ltoute'25 Southold.NY 11971 Main Rd.&Youngs Ave.) Southold,NY 11971 Telephone:631 765-19.78 Fax:&31 765-3136 LOCAL IVATERFRONT RI1,VTJ--'AL1ZAT10N PROGRAM TOWN OF SO(ITHOLD MEMORANDUM 74 RECEIVED To Leslie Weisman, Chair APD Members of the Zoning Board of Appeals �% 2 4 2014 From Mark Terry, Principal Planner BOARD OF APPEALS LWRP Coordinator Date: April 24, 2014 Re. LWRP Coastal Consistency Review for ZBA File Rat -STEPHAN KALAIJIAN#6744 SCTM#1000-112-1-18, STEPHAN KALAIJIAN*6744 - Request for Variance frorn Article III Section 28C-14 (Bulk Schedule) and the Building Inspectors February 19, 2014 Notice of Disapproval based on an application for building permit for conversion of an 'as built' 3"floor space tc habitable space, at, 1) more than the code permitted 2.5 stories located at 1977 Bergen Road (aka Private Road#12) (ad.,. to Long Island Sound) Mattituck, NY SC7M#j 0C)O-1 12-1-18 The proposed action has been reviewed to Chapter 268,Wailerfront Consistency Rev ew of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards Itis my recommendation tnat the proposed actions are EXEMPT from LAIR P CCR pursuant too- § 268-3. Definitions. MINOR ACTIONS items "BB"and'11"which state. 9LB_Additions to an existing dwelling constituting less than 2,11% of the existing structure where the addition is greater than 75 feet from a natural protective featu,e, except where the parcel is located in a coastal erosion hazard area, 11 Additions to an existing building or rebuilt residential structure which results in no net increase in ground area coverage, except where the parcel is located in la,coastal erosion hazard area, The proposed actions are not located within the CEHA Pursuant to Chapter 268, the Southold Mown Zoning Board o-Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. ?a!2212el4 12.15 631-853-4044 S C R 4N_P 'D DEF' - aAuc 02 COUNT OF SUF 'OLK r IV9 RECEIVED APR 2 4 2014 Steven Bellane SUM"COL•NrY rxr(Urrti•e Department of BOARD OF APPEALS Economic Developmentand Planning Jeanne Nfloleri Division of Planning Deputy County Executive and Commissioner and Environment April 22,2014 Town of Southold Zorang Board of Appeals 53095 Main Road P.O.Box 1179 Southold,NY 11971-0959 Attn: Leslie Weisman Dear Ms.Weisman: Pursuant to the requirt=rits of Sections A 14-14 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 detenninetion as there appears to be no significant county-wide or miter-community impacts. A decision of local determination should ;!;ot be construed as either an approval or disapproval. Anplieant MunicipalFle: urn r Zuar.Gary&:Kathleen 6743 KA'xjian,Stephan 6744 Carbone,Ralph IT. 6746 Filipkowstd,Karol 6747 FI.II pkowski,Karol 6748 Dcssi&Barsi,LIC 6759 Very truly yours, Sarah Lansdale Director of Planning Theodore R.Klein S­.nior planner TRKIcd H LEE OrEWSON BLDG■100'v#tEAAN9 MEMORIAL NW.4th n■ P.o BOX 41d0■HAUPPAUGE.h'!11788.33 0(631)tS"191 u FORM i d0. 3 NOTICE Off I)PSAPPROVAL DATE: Februpsy 19, 2014 TO: M. Kimack for RECEIVEDS. Kalaijian 321 Riverside Di. APR U I Z01� Riverhead,NY 11901 BOARD OF APPEALS Please take notice that your application dated January 31, 2014 For conversion of .ra :has built"3rd floc,space t 11at itablc a e at Location of property 1977 Bergen Ave., Mattit ack County Tax Map No. 1000—Section 112 Block 1 Lot. 18 Is returned herewith.and disapproved on the fol'owing grounds: The nroposcd habitr-blc 3rd floor is not permitted pg scant to Article 11I 280-14-the Hulk =- $,chedule which p—e—mras 2.5 stories. The nrmr.ed construction indicates three stories. Prete; Health Dent approval&NYS Building Code compliance also required, Autliorrrcxl S»naturc PATRICIA C. MOORE Attorney at Law RFCFjI 51020 Main Road Southold,New York 11971 �0 Fax:(631) 765-464330, 654630 2o eoa/-d Of pped�s December 15,2020 Zoning Board of Appeals Town of Southold PO Box 1179 Southold,NY 11971 RE: Cagnazzi Premises: 12700 New Suffolk Avenue, Cutchogue SCTM: 1000-116-6-14 Dear Board members: Pursuant to the Board's guidelines of providing documents before December 17, 2020, enclosed please find the following documents regarding the above referenced matter: 1. The ZBA outline for the hearing of the above referenced matter 2. The landscape plan that was prepared by Austin Patterson Disston Architects and approved by the Board of Trustees on September 16,2020 3. ZBA Decision 46744—addressing third floor space 4. ZBA Decision#4968—addressing third floor space 5. Memorandum of Law for 1925 Grandview LLC,Appeal#7390 6. The filed petition for 1925 Grandview Inc. and Patrick Treanor against Southold Town Zoning Board of Appeals. 7. Floor plans and elevations provided by Austin Patterson Disston Architects If you have any questions,please contact our office. Thank you. Very truly yours,, U tc Patricia C.Moore PCM/jms a RECEIVE q� Ul D Robert & Kim Cagnazzi ZBA outline n.111 g qnT (OT This house was designed by architects who were following the Town Zoning Code. The Zoning Code does not define an "attic". Proposal is to convert the unfinished attic to a finished Attic which is defined as "livable floor area" (Floor Area, livable) Town Code 280-4 Floor Area, Livable: All spaces within the exterior walls of a dwelling unit, exclusive of garages, breezeways, unheated porches, cellars, heater rooms and approved basements having a window area of less than 10% of the square foot area of the room. Usable floor area shall include all spaces not otherwise excluded above, such as principal rooms, utility rooms, bathrooms, all closets and hallways opening directly into any rooms within the dwelling unit. Attic is not listed as excluded. A habitable attic is not "excluded" from livable floor area...therefore it is a permitted use such as those examples given for "Livable floor area". The residential use within the four walls of the house, from the roof to the basement, is livable floor area. The zoning code does not dictate how the space within the house is being used, it is regulated by the New York State Building Code. For example, if your basement is used as living pace, this use of Mace is permissible i there is proper egress. t�you become disabled and can not go up the stairs, your living room may become a bedroom. The half story is additional "livable floor area".". NYS Building Code- allows for Habitable Attic spaces...finished spaces. The only requirement is to provide fire suppression. This house would be fitted for sprinklers. The existing house received a building permit and is under construction. Zoning Allows 2 1/2 story: STORY, HALF Any space, with a minimum clear height of five feet, partially within the roof framing where the clear height of not more than 50% of such space between the top of the floor beams and the structural ceiling level is seven feet six inches or more. What spaces inside a house are customary and accessory to the residential use of a single family dwelling?: COVID-19 has forced homeowners to find space in their homes to work remotely, gyms are being closed or on very limited access- home gyms are also customary in higher end homes. An alternative to using existing spaces is to build additional space- this property has significant wetlands which have 100' natural buffers. The IA sanitary system requires more room. The property is fully involved with structures, wetlands, and vegetative buffers. The only alternative is an accessory building (garage which was demolished) for the personal gym & the office use. Generally, an office in an accessory building would need a variance. The location would be where the former garage was located in the front yard. The garage which was demolished is planned for more gardens and open space. No impact on character of the community or neighbors: interior spaces are used. Finished Basement have no impact on character of community. One of the Board members appears to be sitting in a finished basement. Whether it is finished basements, finished attics, or accessory structures homeowners need space to work and exercise from home. For some of you, this meeting is being run from home. The Pandemic has changed all our lives. Existing spaces minimize the footprint, particularly on environmentally impacted properties. This house was carefully considered, the setbacks from wetlands were maximized and great effort was made to bring in expects, including landscape architects to restore the natural features of this property. Taking existing space is both logical and environmentally beneficial on this property. N ! J - TOWN OF SOUTHOLD PROPERTY R c®�®—c�►�D- OWNER _ STREET VILLAGE DIST. SUB. LOT FORMER OWNER N E ACR: f� S W TYPE OF BUILDING f RES. SEAS. VL. FARM COMM. CB. MICS. M'kt. Value — ND IMP.• TOTAL DATE REMARKS N Q W Q - - fv iu 1 - =�- - CL- -m 1 - - - - - - - (�-KG/M-/(1(� �/ �•" . N.� � AGE BUILDING, CONDITION �� P i _ NEW NORMAL BELOW ABOVE FARM Acre Value Per Value' Acre f Tillable FRONTAGE ON WATER Woodlarid FRONTAGE ON ROAD Meadowland DEPTH House Plot BULKHEAD r 'Tota l _ DOCK • t ( ++' " � ' 7-7 .,,,:t�1,d�,{'S' - :�1�'� '• / i !"'-�r I ��1 f J�--�/11/,� � Q ,r�I , � I l �7± ` -JC.�.,� l �P°•,y D -- Cj LU r LOR ,i�/ F H � a 1 TRIM w 14r 1� -�f•:a• ° f h r gip, _ - �r7i►r.'.�.���'1. A,y` ! ,`' 'F�, AP �t , r 591 _�����•l�!J -- t = _- - - - — - -- — it r: .; ,,,,-"'�!*^...;.__.....'�'�•�•..v - - _ -'. '^ + - _-- _ — .- t< _ _r"`,Jia "`� ,• ' `� �•:µ.' ' w %1 r L rr 'Teti--._ ' �:.'Nt' -I•S,`-t. : `�2i+�2�,x•��'s.-, �.r,���°.,.Jl`_ �i,i r.FiV ,x e-: t .Vi-. `ti' � •r'y`'.i{r tti�\��..�iy�s:y,,';n , '.�a�b,y�.y.� . `+.+�-.x,11' �--- 1 ...�-7�^n - `�= ;��ew:�'Iit,''J'y I 44 Tl�"'':•t Gi^1'1`'sir:.�t,-� )+i,_•:i�;,��hl'^; _ ') !_' r t -' °-- .�.•�_ - Mr=,Y>>'`[+Y, bi;LiGdC�l�y.. -'t4;�•,"i•isai h;.,�.::-i r` .Y:, f _�� ,t,'•-'` t):ti:_�Fe��. .r.. .w�S��' _, Al ,� 1 116.-6-14 03/19/2018 - — M. Bldg. r ,. .. ----- -_ - -- - - - - ----------7-- // /,6 .1 3`� _ lJrvl -- ` Extension Extension - `` 9` ry "7 X, _ Extension y 9 7 _ }; / �• Foundation �� o. S T , Both l Dinette Porch v — ,�"5�� , l�,a ✓" o J .rte'` '' asemenf .G Floors Porch t Ext. Walls , Interior Finish (1.-,r;�•�• 1 /D LR. Breezewayr t t. 1 Fire Place /V Heat DR. I i Garage Type Roof Rooms ]sr Floor BR. Patio Recreation Roorn Rooms 2nd Floor FIN. B i - I O• B. Dormer Driveway Total ' -- - r 2 3 4 - SITE N��I� ------- NEW --------- ------ SUFFOLKA VENUE S78�--35100ne �---�2 -0�------ A )'0 BE (081MC) NEWOMW ROADLANEA&&f,0% -------- P P"WO, 'Ar. MENTr' GRAV'SL At eOGft' 346.50, - ---------- 3047- D If YTOBE NySw -jEDA&*D 77 FROM NO7NG° .T -o- BDED pj (w------•^- ---- tv Qv - ---------- s ea lo— Jjf ff ♦ i i i.9 0 ING C011A TO GE P, z AS PREPARED BY 05 FOX LAND SURVEYING: 7-, / i 07, pft. DEC 1 iNz t; -'j op'z UED 0 co 0 t AVAND p ORA SFE L 9 .0, ow NE Com.A-5-C I� —D=--V&Lll5P !X' L Zoning Board of ;97 T L ApqQ@jg All 0 poot A 7 5s Pr I 'PROPOSE MST LM 6-L.WAM 11M S1 goes ms, maa cove;gOseo • : m WA S, 101. mrr 11 kA, 4$ D A0 2020 cc wea- !1 w 'M <Zia, tm ILCI x al.z:10;,053 U 9M CC 4224 23 cal,le 4'- ImIxmcc s•maces J La NOTES: jw,�m— vmix— R - APPROVED BY 'pl 7- OF Z S kSPERmrrESANDwU BOARD OF I RUSTEE NW r' PROPOSED Austin Patterson Disston TOWN OF SOUTHOU) bo CON OTHERML syS M M ;ALL BE A CLOSED IADP D mar THE GE AT =1, SNALLBE SP 'A too FEET Mm4um FROm-.MALwn1.ANM LINE- 0"')DATE Saf�e--jj mIMMUM OF 20 FEEr ON cu WELLS SKAU BE torn "J 12 n';' p QFS'S'." MPING MR THE GEOTHERMAL WEDS 91AU BE nPSTIC M a DESMNED FOP TIMAPPUCAMN-IALLKMG%MLBE 1-.?q CAGNAZZI RESIDENCE I2M NXV=FPXc AVMlL CIJ=IICGU.11M YOM 119,1 THE mmi P A IMUSTEES SrrF PLAN MODIFICATION coNn ;LrA=I"PIPING SIALL BE SrA=)=i "0""'BELOW GP"-OR Ve To GAGUNDWATERTABLE-YPUdieJER IS LESS. 18014 _17—Dr-CB TOTE PROPOSED MODIFtt4TIONSz Ip 0 UMIT OF CLEARING AND GRADING h9wi - -it To SrrE PLAN APPROvED 10116/7()19 L i—a-7/3112020lol- OW 80 4b 4&CO -,VON AS TqSj JFD I)Nf)FR PERMIT 9560 T�_T�E MOI�HZICAYION r-- AREAOF F DEC 5 202 jZon3Ing E oalrd Of Aromeglg�!!""' NEW PROPOSED S�MUCTUREW CE BUFFER INFIRASTRUCTUREWITH IN "'S AN I -- Pli�-c j NI cw, TRUSTES juniscicnON Z AREAOF 16;;- REDUCTION OR RELOCATION OF r6,,tMF,8J R STRUCTURES PR"OUSLY t �rc §rTt PLAN APPROVEDIaM2019 UAcK F1 20' SET, j�[: =OTE DONOTSCAUDRAWMGS p SCALE:1' i APPEALS BOARD MEMBERS(711 FFOI G Southold Town Hall Gerard P. Goehringer, Chairman �� y 53095 Main Road James Dinizio,Jr. o + ,�� P.O. Box 1179 Lydia A.Tortora Southold,New'York 11971-0959 Lora S. Collins �,j; - �` -ZBA Fax(631)765-9064 George Horning �IQ� �� Te e'�sn 631)765-1809 REC' I BOARD OF APPEALS �i5 TOWN-OF SOUTHOLD DEC I "`"Q(�0 FINDINGS, DELIBERATIONS AND DETERMINATION ZON4_9 8® MEETING•OF=JULY 19, 2001 and ofl�,�ee/s Appl. No. 4968—EDGEWATER"11, LLC Parcel No. 1400-40-1-20.2 STREET'&'LOCAtfO 1 -:�W35'C':R.48, Greenport DATE OF PUBLIC BEARING: -July 12, 2001 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property.is a vacant lot in Greenport with frontage of 128 feet on the North Road and 150 feet on the Long Island,Sound,with depths of 977 feet(east).and 919 feet`(west)., The approximate distance from the North Road property line to the top of the Sound Bluff is 810 feet(east) and 725 feet(west). BASIS OF APPLICATION: Building Inspector's, May 1, 2001 Notice,of Disapproval, denying a permit to build'a rteW;sfhglefamily dwelling because the proposed house: (1) has,a.third.story, in Violation of the•2-1'./2 story limit,in Code Section 100-32, and (2) has an elevator shaft higher than the 35-foot"limit in Code Section,100-52. AREA VARIANCE: RELIEF REQUESTED: Applicant requests a.variance authorizing construction of a' i?a single- mily;bo`. '[With upper floor area shown on architectural plans dated 7/9101 prepared by Ira Haspel Architect, P.C. '(job ref. 202101)]. REASONS.FOR BOARD ACTION; DESCRIBED BELOW: On the basis of testimony presented, materlais submitteil'and personal inspection,the Board make's the following findings: 1. The Architectural plans show a third-floor bedroom suite of 990 sq. ft. The ground floor footprint is 4357 sq.ft. and the second floor covers 2415 sq. ft. Applicant states that the third floor was designed to comply„with the-Code definition of a half story, but presented no measurements to support-that statement,.. The Board will treat the matter of the third story as a request for a variance. 2. The proposed ho6se;has an irregular roofline made up of various sloping elements with numerous angles. As read from the plans, the maximum roof height is about 37-1/2 fleet while the average from eaves to, peak is,about 32 feet, within the 35-foot limit of the Code. The square footage of the third-figor bedroom suite is less than 25 percent of the ground floor footprint,and the presence of the third floor does not affect the compliance of the rdofline-with the 15 foot,limit. 3. The proposed house has a large chimney that appears,.;from`.the pfans,,to,,be 6'hout 41- 112 feet high, Chimneys higher than 35 feet are permitted by Code section 100-230(D)('lj. The height of the elevator shaft is'equal to the highest roof peak, and several feet lower than the chimney, 'Elevation drawings show the chimney as a prominent feature while the top. of the elevator-shaft is a less prominent element of the irregular roofline. Page 2-July 19, 2001 v ZBA Appl. No. 4968—Edgewater H, LLC Parcel 1000-40-1-20.2 at Greenport l I 4. The proposed.house is.setback abou#;500,#eetfrom the_ No_rth,Road,apo.has.side yards of 20 and'25.feet. There is no evidence that the,clesign'orsiting of the house poses any threat to the character of the area. 5. Based on the foregoing factors,the Board concludes that grant of the requested variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. 6. There is no evidence that grant of the requested variance will have an adverse effect or impact on physical or environmental conditions. 7.The action set forth below is the minimum necessary to enable applicant to build a house in accordance with his plans while preserving and protecting the character,of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Member-Collins,.seconded by Member Dinizio, it was- RESOLVED, to GRANT the application as applied for, authorizing construction,for the house as proposed with a third-floor bedroom suite and elevator shaft shown on the architectural house plans,dated 7/9/01, SUBJECT TO THE CONDITION that a comprehensive fire-prevention. system must be operative throughout the house at all times. (indoor sprinkler system) . This action does not authorize or condone any current or future use, setback or other feature of the subject property that violates the,Zoning Code, other than,such uses,-setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Goehringer(Chairman), Dinizio,Tortora, and Collins. This Resolution was duty adopted (4-0). -- RlY.P. GE)E RIN R, G 1RMAN 'sjUID Tim SOUTHC)ID T01EP N �L r D s Town O!or_, Toof BOatl~o3� i r- �- I BOARD MEMBERS ®f s 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. �® - �® 54375 Main Road(at Youngs Avenue) Nicholas Planamento C®U � Southold,NY 11971 http://soutboldtownny.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, DECEMBER 3, 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 DECEMBER 3, 2020 Zoning Board of Appeals meeting will be held via video conferencing, and a transcript will be provided at a later date. The public will have access to view, listen and make comment during the meeting as it is happening via Zoom. Details about how to tune in and make comments during the meeting are on the Town's website agenda for this meeting which may be viewed at http://www.southoldtownnv.gov/agendacenter. Additionally, there will be a link to the Webinar Zoom meeting at http://www.southoldtownnv.gov/calendar.aspx. If you do not have access to a computer or smartphone, there is an option to listen in via telephone. 10:10 A.M. - ROBERT AND KIM CAGNAZZI #7440 - Request for a Variance from Article XII, Section 280-18 and the Building Inspector's August 11, 2020 Notice of Disapproval based on an application for a permit to convert an attic to a third floor habitable area (home office and gym); at 1) more than the code permitted maximum two and one-half (2-1/2) stories; located at: 12700 New Suffolk Avenue, (Adj. to Peconic Bay) Cutchogue, NY. SCTM No. 1000-116-6-14. 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: November 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 • BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ,Jf sorry® 53095 Main Road•P.O:Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes y Town Annex/First Floor, Robert Lehnert,Jr. • �O 5437.5 Main Road(at Youngs Avenue) Nicholas Planamento ��yA'UNV� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 November 2, 2020 Dear Applicant; Due to public health and safety concerns related to COVID-19, the Zoning Board of Appeals wiff— not be meeting in-person. In accordance with the Governor's Executive Order 202.1,the December 3, 2020 Zoning Board of Appeals Regular Meeting will be held via video conferencing(Zoom Webinar), and a transcript will be provided at a later date. The public will have an opportunity to see and hear the meeting live, and make comment. 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 November 25,2020. 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 by November 23,2020, 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 I 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 i their mailing addresses, and re-mail. Mailing to be done by November 16,2020. a. Legal Notice informing interested parties of meeting being conducted via video conferencing. (Enclosed) A WEBLINK to the meeting will be provided on the Town's Website under the date of the meeting. Instructions for ZBA Public Heal'rrOs Page 2 b. Your 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 j kimf@southoldtownn.gov or elizabeth.sakarellosatown.southold.ny.us c. Instructions for Laserfiche/Weblink-to-view all pending applications. (Enclosed) Link to view pending applications:-_h tp://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. j d. Survey or 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 f be reached at 631-765-1937. Contact us via email or by phone if you need further assistance. I TownOfSouthol&5,Assessors:?.Assessment Books/Tax Rolls?>';2010-2019§% 019 http://24.38.28.228:2040/weblink/O/doc/1022250/Pa eg 1_aspx. IMPORTANT INSTRUCTIONS: Scan and email the USPS mailing receipts, green signature cards and affidavits to kimf@a,southoldtownny.gov, and promptly USPS mail the originals to the Town of Southold ZBA P.O. Box 1179, Southold,NY 11971. - r Please note-4hat without your mailing receipts, the ZBA will be prevented from-, conducting your hearing pursuant to New York State Law. I 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. I Sincerely, - I Kim-E. Fuentes Board Assistant kimf e,southoldtown .gov - i I i f ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEWYORK4q�---------------------------------------------------------x In the Matter of the Application of AFFIDAVIT CAGNAZZI OF MAILINGS Appeal # 7440 SCTM Parcel #1000-116-6-14 -------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, JULIA SPANBURGH, residing at Southold, New York, being duly sworn, depose and say that: On the 16th day of NOVEMBER, 2020, 1 personally mailed a true copy of the Notice set forth in the Zoning Board of Appeals Application, directed to each of the persons listed on the attached list at the addresses set below their respective names; that the addresses set below the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said notices were mailed at the United States Post Office at Southold, New York, that said Notices were mailed to each of said persons by CERTIFIED MAIL/RETURN RECEIPT. Attached hereto is the white receipt post-marked by the Southold Post Office on said date. JULIA SPA URGH y Sworn to before me this nf No ember, , 20 P (Vora lic) BETSYA.PERKINS Notary Public,State of New York No.01PE6130636 Qualified in Suffolk Coun Commission Expires July 18, ty I a { RECEIPT RECEIPT I RECEIPT 9214 7902 7906 6900 0012 35 6214 7902 7906 6900 0012 59 !, 9214 7902 7906 6900 0012 28 FROM FROM FROM: G MOORE LAW OFFICES I MOORE LAW OFFICES MOORE LAW OFFICES i RE cagnazzi RE cagnazzi RE cagnazzi I i i SETia O J SEN SEND TSO' Ser ndemane Ca C e Clifford T Jr Douglas&13arbara Herrm n c- 619 qtr r,D�ve a 371 rt ay O�y � a3g vt�y T st y Ea t Wi iston NY 11596 C aid Case t� Oc n Ii NY 1572 �y 3- v �J 1'Foster Street A t"— A verland Park KS 662 2-2 64 1 FE S, �: j FEES. 1 E S. 50 Posta® OS �P stage Ce Po tinea a ` 3 5b/ ' Certified�e-.i�S5 i ied Fee 355 $ Return Receipf- 285 �J 285 Retu C, 2 Restricted R te� o I Restncte 7yn� i TOTAL $690 TOTAL $6.90 TOTAL $690 { POSTMARK OR DATE POSTMARK OR DATE POSTMARK OR DATE I � ! i V RECEIPT 9214 7902 7906 6900 0012 66 RECEIPT RECEIPT FROM 9214 7902 7906 6900 0012 11 /9214 7902 7906 6900 001242 MOORE LAW OFFICES FROM' FROM' RE cagnazzi { MOORE LAW OFFICES { MOORE LAW OFFICES i RE cagnazzi RE cagnazzi D!, NQ - BSS-dne III D , SEND TO' SEND TO. 13 trj uffolk W12600 Case David Terry Revc Trt C rc`tw ue J 11935-1 �� 8849 LQ [ave 9201 Foster Street Apt 141A vC� Bould t 03d� Overland Park KS 66212-2464 FC S �� >- ,t 05 I FE zS ; i I F S. �j, Ce 6 e 3 Postaga(� ®. 0 A 0 5 Relu °ei s 85 � Certified��eel� 5 i P �g free 355 Restricted ® Return Reh1Ipt h+� $ � ! 8s TOTAL $690 1 Restricted \� i est acted 3J TOTAL $690 TOr AL ® 0 POSTMARK OR DATE - I POSTMARK OR DATE E i I I C I � I ' I i i MOORE LAW OFFICES A na Agent ddressee 51020 MAIN ROAD SOUTHOLD NY 11971, MRed by(PrintedNam C.p Deli ery G I 1. Article Addressed to: D. Is delivery address Ifferent from item 19 ❑Y s W12600 LL;C If YES,enter delivery address below E] No 1 8849 LAKE}S=IDE DRIVE BOULDER {gib .80301 III Illllllllllillll III II III II 11111111 III I II 9290 9902 7906 6900 0012 15 - 2 Article Number(Transfer from service label) 3. Service Type '&certified Mad® ❑Certified dry@; �I _9214 7902 7906 6900 0012 11 Restrictel, eliver ,_ q j PS Form'--,381,1. Facsimile, 'July 2015 Domestic Ret'%'rrr Receipt . - o a MOORE LAW OFFICES A Signature ,&Agent I ` 51020 MAIN ROAD Al '3 ❑AddresseeSOUTHOLD NY 11971 X B Received by(Printed Name) C. Date of Delivery 1. Article Addressed to: D. Is delivery address different from item 1? EI Yes I ,= If YES,enter delivery address below: El No SERAFINO••:& ANNEMARIE CALANO 371 TIT `��,WAY EAST WILL'I'STON NY 11596 I III I I IIIIIIIIIIIIII III IIIII IIIIIIIIII 111111 9290 9902 7906 6900 0012 53 ' �y 'I 2. �t3{G�e.NUi�thec�rabfbom6s�Uff/�912 5 9 3 SeNICe Type ®Certified Mad® ❑Certified Mad® CL'i !`1U ° '• Restricted,Detivery, _ t PS,"Form 381,1,Facsimile,`July,2 j�5f.: a,;t# Domestic ..I 0 Return Rece pt ' f00RE LAW OFFICES A. Signature - ❑Agent 51020 MAIN ROAD ❑Addressee) SOUTHOLD NY 11971 _ X �� —/ B Received by(Printed ame) C. Date of Delivery I I A $ I 1. Article Addressed to: D. Is delivery address different from Item 1? 0 s DEBORAH & SYDNEY III D U F T O N If YES,enter delivery address below j,No 13555 NEW SUFFOLK AVE j CUTCHOGUE.NY 11935-1709 i III II IIIIIIIIIIIIII'lll - IIIII IIIIIIIIII IIIII I 9290 9902 7906 6900 0012 60 I 2 u ra om s la 3 Service Type ®Certified Mad® C ¢ertrfied Mad® r�: � � �� 6 112 66 ;> stnct@d Delivery PS Form 3 acsi`mile, Jul 2 ..77 81`;j',F y - - - — -�-- --- 0;15= ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------------x In the Matter of the Application of AFFIDAVIT OF POSTING #7440 Regarding Posting of Sign Upon Applicant's Land Identified as 1000-116-6-14 ---------------------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, BETSY PERKINS, of Mattituck, New York, being duly sworn, depose and say that: On the 25TH day of November, 2020, 1 personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the 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 days prior to the date of the subject hearing date, which hearing date was shown to be THURSDAY, December 3, 2020 at 10:10 am. (, 0 Betsy Perkins Sworn to before me this l day of /mer HPO Notary Public PATRICIA C MOORE NWARY PUBLIC,STATE OF NEW YORK Registration No.01M04861668 Qualified in Suffolk County wcommission Expires June 16,.,22?— ,t TYPESET: Wed Nov 18 10:58:26 EST 2020 to an existing single family dwelling;at 1) LESLIE K A N E S W E I S M A N, LEGAL NOTICE located less than the code required minimum CHAIRPERSON SOUTHOLD TOWN ZONING BOARD front yard setback of 40 feet;2)located less BY.Kim E.Fuentes OF APPEALS than the code required minimum single side 54375 Main Road(Office Location) THURSDAY, DECEMBER 3, 2020 at yard setback of 15 feet;located at:70 Pine 53095 Main Road(Mailing/USPS) 10:00 AM Avenue, Southold, NY. SCTM No. P.O.Box 1179 PUBLIC HEARINGS 1000-77-3-12.1. Southold,NY 11971-0959 This PUBLIC HEARING will be held vir- 10:50 A.M. - KRISTOPHER PILLES 2519950 tually via the Zoom online platform.Pursuant #7443-Request for Variances from Article to Executive Order 202.1 of New York Gov- XXIII,Section 280-124 and the Building In- error Andrew Cuomo in-person access by the spector's August 24,2020 Amended Septem- public will not be permitted. ber 15,2020 Notice of Disapproval based on The public will have access to view,listen an application for a permit to elevate and and make comment during the meeting as it is relocate an existing single family dwelling;at happening via Zoom Webinar.Details about 1)located less than the code required mini- how to tune in and make comments during the mum rear yard setback of 50 feet;2)more meeting are on the Town's website agenda for than the code permitted maximum lot cover- this meeting which may be viewed at http:// age of 20%; located at: 560 Fisherman's www.southoldtownny.gov/agendacenter. Beach Road,(Adj.to Haywaters Cove)Cut- Additionally,there will be a link to the Zoom chogue,NY.SCTM No.1000-111-1-16. Webinar meeting at http://www. 11:00 A.M.-CARRIE TINTLE#7444- southoldtownnygov/calendaraspx. Request for a Variance from Article XXIII, Contact our office at 631-765-1809 for ad- Section 280-124 and the Building Inspector's ditional information. August 17,2020 Notice of Disapproval based 10:00 A.M. - ESTATE OF THOMAS on an application for a permit to legalize"as EIRINGBY STEPHEN GUTLEBER,EX- built"additions and alterations to an existing ECUTOR#7427—(Adjourned from October single family dwelling;at l)less than the code 1,2020)Request for a Variance from Article required minimum rear yard setback of 35 IV,Section 280-18 and the Building Inspec- feet; located at: 1235 Lupton Point Road, tor's March 2,2020,Notice of Disapproval (Adj. to Deep Hole Creek) Mattituck,NY. based on an application for a permit to con- SCTM No. 1000-115-11-8. struct a new single family dwelling; at 1) 1:00 P.M - RICHARD AND TARA located less than the code required minimum JERNICK#7445 - Request for Variances front yard setback of 50 feet;located at:4077 from Article=11,Section 280-124 and the Main Bayview Road(Adj. to West Creek), Building Inspector's Renewed and Amended Southold,NY.SCTM No.1000-78-2-18.4. August 10,2020 Notice of Disapproval based 10:10 PAL-ROBERT AND KIM CAG- on an application for a permit to legalize an NAZZI#7440-Request for a Variance from "as built"covered entry and to construct addi- Article XII,Section 280-18 and the Building tions and alterations to an existing single fam- Inspector's August 11,2020 Notice of Dis- ily dwelling;at 1)less than the code required approval based on an application for a permit minimum front yard setback(Delmar Drivel ' to convert an attic to a third floor habitable--of 40 feet; 2) less than the code required_______ area(home office and gym);at 1)more than minimum front yard setback(Joseph Street) the code permitted maximum two and one- of 40 feet; located at: 2020 Delmar Drive, half(2-1/2) stories;located at: 12700 New Laurel,NY.SCTM No.1000-127-4-21. Suffolk Avenue,(Adj.to Peconic Bay)Cut- 1:10 P.M.-AGK RE MANAGEMENT chogue,NY.SCTM No.1000-116-6-14. #7446-Request for a Variance from Article 10:20 A.M - MINI CEDARS, LLC III,Section 280-15 and the Building Inspec- #7428—(Adjourned from October 1,2020) tor's October 19,2020 Notice of Disapproval Request for Variances from Article IV,Sec- based on an application for a permit to con- tion 280-18;Article XXIII,Section 280-124; struct an accessory in-ground swimming and the Building Inspector's July 31,2020 pool; at 1) located in other than the code Notice of Disapproval based on an applica- permitted rear yard;located at:3655 Pequash tion for a permit for a lot line change and the Avenue, Cutchogue, NY. SCTM No. construction of a new single family dwelling; 1000-137-2-20. at 1)proposed lot is less than the code re- 1:20P.M.-ROBERT KEVIN MCLEAN quired minimum lot area of 40,000 sq.ft.;2) #7447-Request for Variances from Article proposed lot is less than the code required XXIII,Section 280-124 and the Building In- minimum lot width of 150 feet;3)proposed spector's September 14,2020 Notice of Dis- dwelling located less than the code required approval based on an application for a permit minimum front yard setback of 40 feet;4) to construct additions and alterations to an proposed construction more than the code existing single family dwelling;at 1)located permitted maximum lot coverage of 20%;lo- less than the code required minimum rear yard cated at:905,Stephenson Road(Adj.to Long setback of 35 feet; 2) more than the code Island Sound), Orient, NY. SCIM No. permitted maximum lot coverage of 20%;lo- 1000-17-1-2.2 and 1000-17-1-11.5. cated at:1475 Sigsbee Road,Mattituck,NY. 10:30 A M - 1750 STERLING LANE, SCTM No. 1000-1442-9. LLC#7441 -Request for a Variance from The Board of Appeals will hear all persons Article III,Section 280-14 and the Building or their representatives,desiring to be heard at Inspector's September 24, 2020 Notice of each hearing,and/or desiring to submit writ- Disapproval based on an application for a ten statements before the conclusion of each permit to demolish an existing barn and con- hearing. Each hearing will not start earlier struct a new barn building;at 1)located less than designated above.Files are available than the code required minimum front yard for review on The'Town's Weblink/ setback of 60 feet;located at: 830 Sterling Laserfiche under Zoning Board of Appeals Lane, Cutchogue, NY. SCTM No. (ZBA)+oardActionsskending.Click Link: 1000-96-3-2.1. http:1/24.38.28.228:2040/weblink/ 10:40 A.M. - CLAUDIA CEBADA- Browse.aspx?dbid=O.If you have questions, MORA LLC#7442-Request for Variances please telephone our office at(631)765-1809, from Article XMII,Section 280-12,f and the or by email:kimf@southoldtownny.gov Building Inspector's June 9,2020 Notice of Dated:November 19,2020 Disapproval based on an application for a ZONING BOARD OF APPEALS permit to construct additions and alterations j #0002519950 l STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Lori Bazata of Mattituck,in said county,being duly sworn,says that she is Principal 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 -11/26/2020, Principal Clerk ~ Sworn to before me this O2(O day of Iy y O CSO BARBARA H. 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ZBA Decisions can be found under Board Actions. Click on "Board Actions"folder to open. W� 0 A, 7'k Pe g EtfPkCbNidAKYdLW9T#U6C creation date b QTAlA ," #T37o-FFrendlODO 118 66. 1#73,79*iwdons East lMG-1S-3-1 Wistrinfl 1 qd-0t 61W2020 3:58!$8 PM' - -i Wa#7-;445E--qNF AiiscftS;'*dori Ftesorts-6rnpjiolund---jobo-,4 No metadata asslgned i*7396'860 Bayview DriveLLLC 1000-37.-S-1 0.1 V7*Hard e-ohicir #7387,Ha.fd Corner-SPEPLAN-,Arch Plans 1000-614-1 #718&MintOn iffev.Trust 1000.128 -1 2,8 1-2-201 07389 BjnIC 1000-71-1,4 #740&l4appip 1000,88-1-1.5 Pagel of'l Above, Lists all Pending Applications under Board Actions/Pending URL Address, Link is http://24.38.28.228:2040/webiink/Browse.aspx?dbid=0 Laserfiche Instructions ZBA Files Page 3 Laser flche WebLlnk _ My VTe6Lnk,1 Help'1 About{SigriOut Home Browse,-Search TownOfSouthold>Zoning Board of Appeals QBA)>Board Actions- Boardl _�._.._ Name Page count � �..—,_"-i;,� - ^i"�^''"�'"r.=�„JM4.:•^'s' ) Actions l _—._ .— r;,.. .,�k::.i•.��1:3::5,c.,..t`,4'�>.'.�'..,R=.�. 1957-1979 .- �; � E2 1960-1999 Path TownOtSouttk11d1ZoningBoard I loco - I: o(Appeals(ZBA)1Board Actions2001 Creation date 2002 7/1072(10112.2155 PM 2003 Last modified 3128R01711.36-07AM .-1_P_2004 —__ -'-----_- -- '-- ----- -------'-'—'--__'---._---_--_—_-'—_--'--_--------'-_ 2005 t^ 03 2Ml r d • I NO metadataessigned .�' li3 2006 '-'-' p 2009 ' - 13 2010 f •&Ranks ' � 2011 #( Y 2012 l I 112013 x,12014 �- t3 2015 E3 2016 Gni 2017 I'a vending Above: Board Actions are listed by year. Click folder to open. All Special Exception applications that require Coordinated SEQRA Analysis are stored in "Pending”. iome' Seartll - Tasppl$budldd>2au06 B6]N aTAPMali 2g'V>66ard TCIWr6>2017n -- ,�_ •.1...,:_-' - ..—�. .fit':.;+..."t^:`",7,.^'a^,--'^-�-nr^.,ei..-T„"f,,., Name t vax+cw.d ^1' naM9t •r: 3%c;<. - �-v" 2017 �.`'' ��'��.,.f.=..._�W: ,. G.wam.'&.'ti.c„e�'��L.�' G��'`-••`�`�.,wa Bond A(tbr,s R;EM7,Dtovettlei�#1�L,y,�.r• _ � __ ._ ... -- — --, Ell 70 Board Adlon, P. � � �a993 9a _Ooard amm,s 0(Appe%UMArJ5..d @ Tm1 too Boardxtbm Adl—,2017 ' 1009 66 - • Byrd A(Oan, ... - -- -__.._ Creation dam 11 tas<moaeee i g17o,: 7s eoardxllaa fJ202017#2K51 rVd f 47. 11. -..-_ eavd Nnorts "15 ---- _-- a To a 83 eo..'— Nona:tad„taa.7lry.sd ..� ®ron ro 1018 M lord Acdm¢ 58 - 1 l0ID so- '—d— { DOard MSlorta - - - - 1033 33s amNAceoru 1 ' I �A:a 6a Bwrdealo.n 1 i :021 21. BWrdA[llp6 ' �lora 13 mve2alw,s —d- 63 dxb0,na3 Board Acdm 7029 3 D9ard— �']naMf a aum arw... Above: See listed File Numbers. Click on file you are searching. i Laserfiche Instructions ZBA Files Page 4 Cashel -- r=' Above: In addition searching by file no.You can also use the above search tool by typing the name or title of the applicant. r -- -- - " laserfich'eWebLink, - _•jwael __ --'M liome Browse- Search ,- • IF Cull—Le Search Sort results by. Relevance Records ManS. •-•—C �' Lq 7016 I Field acme Board Actions-83 page(s) j Choose fielJ _ _I©; I Page count•83 Template name:Board Actions �.` i Page 3 Cohn and Kristen Cashel PROPERTY LOCATION 162 Lower Shingle Hill.Fisher- " Page 4,,19201707016,Cashel SUM No 1000-9.1-26minimusapprwaltoremo- h _ Page 5 y 19,2017 970MCashel SCTM No.1000-9-1-26 GRANT,the variances as-. j Search terms y i Page 9...COLIN 8 KRISTEN CASHEL SECTION 009 BLOC. .{�-•'"--'--•�-'-'-"-^--'•"""'j I Page 20..Thomas Ahlgren(Cashelh PO Box 342 Fishers Island.NY. - �`- `---------i- F�: Show mare information--. { =j 97018 Board Actions-56 page(s) d 4 Page count 56 Template name:Board Actions Page 48_930 A.M.-COLIN CASHEL AND Variances under Article Id Semon ANN_ y Page 48-.ance(s)KRISTEN CAS14ELP7016-Request proposed trellis located In cthertha., Show more Information... Above-.' Shows you files that can be found using a-phrase, name or title. Or you can search by Tax Map No. (District, Block and Lot) using the format 1000-111.4-1. LaserflcheWebLink' r}'la ® erynebunk hrielpi=N9?I sa home,"Browse_ searihTownOfSouthold>Zoning8oardo(AppealsaM)>Minute ,,hdna,l altlodcesl Le dogs Minutes/Agendas/Legal ( _.._._.__..._......._.�___.............,._.._...._..._..v.a.6 w.r rlfu:.s..'fdv'L.u'•J�i.I'...`s LIS..:r'w Notices/Hearings t On 1957.1979 R Entry Properties !'31980.1999 E 2000-2009 Path TowrIOfSoutMIdgwIng Doard t [moi 2010 of Appeals i to 2011 (ZBA)VA,nutesrggendaVLegM 2012 Nouces/Hear(ngs Creation date l 2013 171102001257A0 PM n 2014 --- -Last modified 2015 12/1 612016 215 14 PM 2016 1 R Metadala ftj 2017 No metadala assigned Page 1 of 1 11 Enti _______________— _ 'nv.v+xvue.arm2mpswPe•e»ayrn.emra.weM-.g9m rssama tusL�.rnwm_»»,rd. _ _ _ - - Above:Also, Minutes,Agendas, and Hearing Transcripts can be viewed. Laserfiche Instructions ZBA Files Page 5 Laserfiche.MbLink Hes a Abcuii P Home 8rOw5O Search_ TotvnOrSoufhold> oni- e Board afA5 a1S(29/0>Minuted endas/Le iNotkei/Heari s'2017- ' 2017 _ : Name Rage count ifi Errtly Properties c,_,•- �� L)ZBA•01/052017 - - -' - -!7 -- -- -- —' -- ----------- ------ , ----�•-' i, (. ZBA-01/03R017Agenda 4 Path I { ®ZBA-011052017 Hearing 40 TmYnOlSouthoid9oidng Board t Of .ais ZBA-011052O171-N 3 fZBAnh4nuteVAgendWLegal i ' .' �ZBA-01/142017 2 -� No0onti-learingsQ017 - ' (: ZBA-01/19/2017Agenda 2 ,•- _ _ __._ .._,,. _.. 4 Creation date - - - •• --- •• - - i 12116/20162:15:14 PM i i:)ZaA-0210212017 - 7 Last mOdlRed ! ,' ZBA-02AD2120t7 Agenda 4 ;t W1920173.5359Pid ZBA-02102/2017 Heating 45 - ��?Me ZBA-02/02rM7 LN 3 ' 2BA-02t162017 Agenda 3 No Metadata aSSlgned , ZBA-02/1 W2017 Special 3 - - :educe&P.auris .! ( ZBA•03t022017 7 - beakfiTpbp:s`r:mt•aM, ZBA-QU02/2017 Agenda • - - 4 s ? ZBA-03!022017 Hearing 65 21 t „�ZOA-03/022017 LN 3 i Z8A03/1 W2017 Agenda - -” -.-' -'3 ZSA-03/162017 Special 3 ZEA-04062017 5 ZBA•0u0W2017 Agenda a i Cl ZRA-0410612017 Hearing 45 Above: Agendas, Minutes and Transcripts are in chronological order. Revised 6/15/2020 i4u' Tlk'. E U' F HEAR'li4G, The following application will be heard by the Southold Town Board of Appeals VIA ZOOM WEBINAR - REFER TO ZBA NEBSITE FOR AGENDA on http: south o I dtown ny. gov NAME : CAGNAZZI , ROBERT # 7440 SCTM # 0. 1000- 116-6- 14 VARIANCE: THIRD STORY REQUEST: CONVERT ATTIC SPACE TO HABITABLE AREA DATE : THURSDAY, DEC . , 35 2020 70:10 AM You may review the file(s) on the town 's website under Town Records/Weblink : ZBA/ Board Actions/ Pending . ZBA Office telephone (631 ) 765-1809 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ���� so Southold 53095 Main Road•P.O.Box 1179 hO !Q Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes G Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas PlanamentoliYCOU Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 SEP 2 9 2020 Southold Town September 29, 2020 Planning Board Mark Terry, Principal Planner LWRP Coordinator Planning Board Office - --. - --- - ---- - _,Town_of_S outhold---------- - ---- --- --- -- --- - ---- — ------ --- - ---- - - - - F Town Hall Annex - - - Southold,NY 11971 Re: ZBA File Ref.No. #7440 CAGNAZZI,Robert Dear Mark: We have received an application to convert attic to third floor habitable area. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-51) is requested within 30 days of receipt of this letter. Thank you. Very truly yours; Leslie K. Weisman Ch ' on By: st,"S Encls Survey/Site Plan : Fox Land Surveying Dated : June 9,,2020 BOARD MEMBERS QF ) Southold Town Hall Leslie Kanes Weisman,Chairperson �� sy® 53095 Main Road•P.O.Box 1179 �® �® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. a® 54375 Main Road(at Youngs Avenue) Nicholas PlanamentoCa Southold,NY 11971 http://southoldtowiiny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD September 29, 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 : # 7440 Owner/Applicant: CAGNAZZI, Robert Action Requested : Convert attic third floor to habitable area. 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 C irpe son By: Encls. Survey Site Plan : Fox Land Surveying Dated : June 9, 2020 BOARD MEMBERS *OF soar Southold Town Hall Leslie Kanes Weisman,Chairperson � yp 53095 Main Road•P.O.Box 1179 h0 l0 Southold,NY 11971-0959 Patricia Acampora [ Office Location: Eric Dantes G Q Town Annex/First Floor, Robert Lehnert,Jr. '�?� �� 54375 Main Road(at Youngs Avenue) Nicholas Planamento �yOWN, Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD 'Tel:(631)765-1809•Fax(631)765-9064 December 29, 2020 , Patricia Moore Attorney at Law 51020 Main Road Southold,NY 11971 Re: ZBA.=Application#7440 - Cagnazzi, 12700 New SuffolkAvenue, Cutchogue SCTM No. 1000-116-6-14 Dear Mrs. Moore; Enclosed is a copy 'of the Zoning Board.'s.'December 22, 2020 Findings, Deliberations_ and Determination,the original'of which was filed with the Town Clerk regarding the-above variance application. Thank you. Since e , Ki E. Fuentes Board Assistant Encl. cc: Building Department LINE MATCH _ ..._ _ UNE. 6' FOR PCL,NO -- ^� SEE SEC NO - m 109-04-008 3 81 74 J1 ;c 582A(c) 2 1A(c) ;` V 3 TOWN OF SOUTHOLD NQ �y- /jn ; 46 84 1 1A(c) _-_ 85 3 9A(c) .� i t •� :� Al l `( r I 27A(c) '1'. -'t`'^ O sx - 12A(c)�27 f _ 10 3 SA(c) W 2 3 50A ) BY saa . .xe 20$ 10A Z, $ zy nc. r I 252 _`, , g18 30A(c) 13 a /• AJ - N 9 251 ,( ,'•` ; 2 9Al), t ) 9 Y 11 1 s toa 1 zz =2a10"S 1 3A(c) _ cl 1. I Y E p CASE RD �(49S) /'-\ me, ' \ =.r^:L;:�I, S i - s 8 zzs 2 i 281 124 A_ 161 223 S �`_� 32A(c),, _ .. \ ? •^-- a 3 mos 7 s Oo K s0 A(c) 'SOUTHOLD `� F i 4 $6 5 s 6 14 I`13S 82 1 '2228 �..-....�_' rta 17 t AVE tw _ 23 _. �_..� 8 9A(c) ,1416 e / 9 10 X702 121 14 B / 38A(c) 1,tA(c) 1t.2 12A(c) 12A iSA(c) 2A 181 s 8 R y / 1 8A c 1 18 1 7A(c)1g ~` ( 15 u' ,I !/ ' r• ` IIA �- w"..-.+ 11A(c) i ry TOWN Of-,6c THOLD 222 '2.- 41A(c) - PECONIC _ --- —-- y U� - 03 241 -` - SEE SEC,NO.t34 _ - ,- - - ' -w�•-„_P� 90 5 9A(C) N2111400 COUNTY LOF SUFFOLK © N NOTICE E ' .c 'io DSTRICT NO 1000 SECTION NO Real Property Tax SerVice Agency tNUNTH•W,ICE ALTEtAn SALE OR Y roao� rmo- 'own W E DISTRI13LMON OF ANY PORTION OF THE M tts, in n TOWN OF SOUTHOLD 116 300 Cm,Dm,Rtrrh<nJ Al'11901 SUFFOLK COUNTY TAX MAP IS PROHBUED A zoo rm o ma un WITHOUT WRITTEN PERMSSION OF THE P -_.._IJ�q�"-. Feet S REAL PROPERTY TAX SEWCE AGENCY n +?: VILVGE OF