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Home My WebLink About7457 �QOd6/ Flo, Louis A-. WSJ Cir► cN f c� lQ, h' LcC�C 5 c.xlshm ace ss as Arl ,,I I see a ffo'1l �� h�zt� �� a14 ;Ja l Q f �v m` � f � C � CHECK BOXES AS COMPLETED D F"a > I ( ) Tape this,form to OL .. ( ) pull ZBA copy of ND N -moi, Ul ( ) Check file boxes for e ( ) Assign-next number m -n -u -u w _ z outside of file folder =rz O w v °° ° s0 ; O o Q ¢ ( ) Date stamp entire q _ , CD o m r n ca F file number �` v Q co,N CO „ 3 -. �� 3 t, ( ) Hole punch entire © :; =z cD g: a c (before sending to I P CD ( ) Create new�index c� - v ( ) Print contact infoo ( ) Prepare transmittal: t4 �1°t ( ) Send original applic 0 , to - to Town Clerk �- ( ) Note inside file fot€t and tape to inside t ( ) Co Py County Tax M 6 bbor-s and'AG I ( ) Make 7 copies and 1 ( ) Do mailing label ��A� P �,yv� t, I e,� 111 Q j 20 J\jo PkOAS OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex ��oE S�UlyO P.O.Box 1179 54375 State Road Route 25 ,`O l0 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY c� Telephone: 631 765-1809 • COQ http://southoldtownny.gov olycDURECEIVED ZONING BOARD OF APPEALS $(yJkJ G ,2: 15PM Town of Southold U N 0 2023 P - Southold Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF FEBRUARY 4,2021 ZBA FILE: 7457 (AMENDED JANUARY 5, 2023)) NAME OF APPLICANT: Louis and Erin Nardolillo PROPERTY LOCATION: 3850 Camp Mineola Road, Mattituck,NY SCTM No. 1000-125-5-18 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23,and the Suffolk County Department of Planning issued its reply dated January 7, 2021 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The subject property is a 12,701 sq. ft. parcel located in an R-40 Zoning District. The property has a 103.62 feet frontage along Camp Mineola Road, then turns north for 140.66 feet to the rear yard, where it turns west 100 feet before returning 113.55 feet south back to Camp Mineola Road. The property is improved with a two-story frame residence with covered porches and an outside shower. There is a frame garage with wood deck in the rear yard, along with 4 frame sheds also located in the rear yard. BASIS OF APPLICATION: Request for Variances from Article III, Section 280-15; Article XXIII, Section 280-124; and the Building Inspector's October 19, 2020, Amended November 12, 2020 Notice of Disapproval based on an application for a permit to construct additions and alterations to existing accessory garage; at 1) located less than the code required minimum rear yard setback of 15 feet;2)more than the code permitted maximum lot coverage of 20%; located at: 3850 Camp Mineola Road, Mattituck,NY. SCTM No. 1000-123-5-18. RELIEF REQUESTED: The applicant requests variances to construct additions and alterations to the existing accessory garage to create a carpentry/woodworking workshop on the first floor and loft storage space on the second floor, having a rear yard setback of 2 feet, 1 inch (or 2.0833 feet)where a 15 feet minimum rear yard setback is required. The lot coverage is proposed to be 24.41% where a 20% maximum lot coverage is permitted by code. Page 2,February 4,2021 (Amended January 5,2023) #7457,Nardolillo SCTM No. 1000-123-5-18 AMENDED APPLICATION: During the hearing, the applicant was asked to bring the plan into more conformity with the code by reducing the proposed lot coverage removing the proposed second story dormer on the north elevation facing the adjacent property which could impact privacy since the stricture is proposed to be 21 feet+/- in height, and relocating the proposed exterior staircase to the second-floor storage space to the interior of the workshop on the first floor. The applicant on January 12, 2021 submitted a plan, dated January 11,2021,increasing the rear yard setback to 3 feet, 1 inch(or 3.0833 feet),removing the second story north facing dormer, and reducing the size of the proposed workshop which subsequently reduced the proposed lot coverage to 23.42%, bringing the plan into more conformity with the code. The amended site plan still shows an outside staircase to the second story loft storage space. ADDITIONAL INFORMATION: At the public hearing testimony was taken from the owner's representative as to the reasons for the addition and the use of the space. The need for two second story dormers in a storage loft area,and an outside stair were discussed. The applicant's representative also indicted that the property owner wished to use the workshop for his own personal woodworking/cabinet making hobby and not for any business use, and that the space would have no plumbing and would be unfinished with only the utility of electricity. In addition, the three existing sheds used for storage and an existing terrace were proposed to be removed for a total lot coverage of 23. 42% as shown on the amended site plan and plans elevations by Samuels and Steelman,architects, labeled sheet 1 and 2 and datedl/11/121 and received by the ZBA on January 12, 2021 Six letters of support for this application were received from neighbors,and several prior ZBA decisions granting approval for excessive lot coverage and non-conforming setbacks in the immediate neighborhood were also submitted in support of the application and in keeping with the character of the neighborhood. On the same date of the public hearing on this subject application(ZBA file no.: 7457, Nardolillo), the Board also held a hearing for, Ryckman/Wilson no. 7454 located at 1405 Village Lane, Orient,NY, which is also located in the R40 zone district. In this latter instance, a Notice of Disapproval was issued based on an application for a permit to alter an existing accessory garage to an artist studio that determined that"[a]n artist studio in an accessory building is not a permitted use. At that hearing, one of the applicants, Thomas Ryckman,testified that his wife,Pamela Wilson, is a recognized artist(painter)whose work is widely exhibited and sold by various art galleries. Rykman and Wilson both reside in Orient,NY on a part-time basis in a dwelling located in an historic district.Ms. Wilson proposes to use the existing accessory garage on the subject property to produce her art,and not as an art gallery for the display and/or sale of art to the public. The existing foot print of the accessory garage will not be changed, although a conforming outdoor shower addition on the rear of the structure is proposed to be added. Proposed renovations to the as built accessory garage include replacing the small windows now in place with taller windows;thermal improvements will be made to the roof,walls,floor and fenestration; replacing the garage door and swing door; adding a door at the rear for garden storage,adding sky lights on the roof,and changing the existing siding to clapboard that matches the main house, all as shown on the architectural drawings by Studio AB Architects labeled ZBA.01.2 dated 10/29/20, ZBA .O1 dated 10/29/20 and ZBA.02 dated 9/21/20 Based upon the appearance of inconsistency in the Notices of Disapproval cited in ZBA# 7454 and# 7457 and a review of prior Board decisions granting approvals for"workshops/artist studios" in accessory structures in residential zones, the Board, has determined that it is necessary for the Board to exercise its powers under section 280-146(D) of the Town Code and provide a code interpretation in both of these matters in order to provide clarity about these two accessory uses and as to whether they are allowed in accessory structures. Page 3,February 4,2021 (Amended January 5,2023) #7457,Nardolillo SCTM No. 1000-123-5-18 FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on January 7, 2021 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: Interpretation of Town Code Section 280-17(C)Accessory use in R-40 Zoning District 1. In this subject application,a Notice of Disapproval was issued by the Building Inspector on July 28, 2020, renewed October 19, 2020 and amended November 12, 2020, for a two-story addition to an existing accessory garage with a non-conforming rear yard setback and excessive lot coverage. The floor plans and elevations submitted with this application(#7457)to the ZBA and reviewed by the Building Department were clearly labeled "workshop" on the first floor and "storage loft,non-habitable space" on the second floor. However, the Notice of Disapproval did not cite the proposed workshop use as non-permitted in an accessory structure in the R40 zone district,pursuant to Section 280-13(C) of the zoning code. The attorney for the applicant applied for variance relief for the non-conforming rear yard setback and excessive lot coverage. At the hearing the applicant's attorney testified that the applicant's business is kitchen cabinetry and that he wished to establish a-home carpentry/wood working workshop in the accessory garage for his own personal use with storage above. 2. Section 280-17(C)of the Town Code provides allowed accessory uses in the R-40 residential zoning district include those accessories uses allowed in § 280-13C of the Agricultural-Conservation District, accessory uses allowed in § 280-13D of the A-C,R-80,R-120,R-200 and R-400 Districts, and Direct marketing of aquaculture or mariculture products. Section 280-13C states that the following accessory uses are permitted: (1)Any customary structures or uses which are customarily incidental to the principal use, except those expressly prohibited. (2) Home occupation, including home professional office and home business office. (3) Boat docking facilities for the docking, mooring or accommodation of noncommercial boats (4) Garden house,tool house, storage building,playhouse,wading pool, swimming pool or tennis court incidental to the residential use of the premises and not operated for gain (5) Private garages; provided,however,that not more than two passenger automobile spaces in such garages may be leased to persons not resident on the premises. (6) Off-street parking spaces accessory to uses on the premises.Not more than four off-street parking spaces shall be permitted within the minimum front yard. (7) The storage of either a boat or travel trailer owned and used by the owner or occupant of the premises on which such boat or travel trailer is stored,for his personal use. Page 4,February 4,2021 (Amended January 5,2023) #7457,Nardolillo SCTM No. 1000-123-5-18 (8) Horses and domestic animals other than household pets, provided that such animals shall not be housed within 40 feet of any lot line. Housing for flocks of more than 25 fowl shall not be constructed within 50 feet of any line. (9) Yard sales, attic sales,garage sales, auction sales or similar types of sales of personal property owned by the occupant of the premises and located thereon, (10) Wineries may have an accessory gift shop on the premises which may sell items accessory to wine (11) Child care (12) Use of aircraft in agricultural operations (13) Processing of agricultural products, and; Section 280-13(D)of the Town code provides for rental permits for accessory apartments. 3. Nothing in Section 280-17, section 280-13(C)or section 280-13(d) specifically allows or prohibits a workshop or artist studio as an accessory use, or as an accessary use in an accessory structure. In contrast, by way of example,280-13(c)provides that home occupations are an allowed accessory use but specifically states that the activity must take place in the main building and therefore cannot take place in an accessory structure. Since neither a"workshop"nor an"artist studio" is listed as an allowed accessory use, if it is to be considered an allowed accessory use the Board would have to conclude that the use is"customary and incidental to the principal use,"which in both matters before the Board is a single-family residence. As set forth below,the Board has concluded that under certain conditions,both proposed uses should be considered customary and incidental to a single family residences and therefore,allowed accessory uses in accessory structures. 4. In reaching its determination the Board reviewed past determinations regarding workshops and artist studios. As set forth below,there were several inconsistencies in both the building departments notice of disapprovals as well as decisions from this Board. Included in those priors are the following: ZBA File#7280 Victoria,HB Zone,New Suffolk,NY(June 20,2019).Application to create an "artist's studio"by converting a portion of a dwelling into a detached accessory structure, not permitted in an HB zoning district. The Board denied a requested use variance and overturned the Building Inspectors Notice of Disapproval which wrongly stated that the proposed accessory use as an"artist's studio" in an accessory garage was not permitted, because the proposed alterations would result in an accessory"custom workshop/artist's craftsmen's workshop"which is listed in the code as a permitted use in the HB zone district. ZBA File#6852 Davas and Papagianis,R80 zone,Greenport,NY(April 16,2015). The Board granted variance relief for a proposed unheated workshop addition to an accessory garage with half bath and loft storage with a non-conforming side yard setback to be used for a personal woodworking hobby. The workshop use was not noticed as a non-permitted use. Page 5,February 4,2021 (Amended January 5,2023) #7457,Nardolillo SCTM No. 1000-123-5-18 ZBA File#6424 Adams, residential zone Orient,NY(Nov 16,2010)applicant proposed to construct an accessory structure to be used as an art studio which was noticed as a non-permitted use. The Board granted amended approval, using variance relief standards, for an"artist's workshop" as a permitted use making the distinction between the definition of an artist's studio"as a physical location for creating artwork and a location for the public viewing and/or private viewing and/or sales of same created artwork;"and the definition of an artist's workshop as "a physical location for creating artwork and expressly prohibits the public and/or private viewing and/or sales of same created artwork." ZBA File#6298 Manson and Millard R40 zone,Orient,NY(August 27,2009).The Board granted approval, using variance relief standards, for the conversion of an as built accessory garage in a front yard(variance)to an art studio which, based upon the proposed full bathroom,was deemed to be habitable space which is not permitted in an accessory building, finding that"the use as an artist's studio is solely for the applicant's professional use which is a quiet occupation that requires no equipment that would create noise or disturbance to the neighborhood." ZBA File#6108 Crary residential zone,Orient,NY(May 8,2008). The Board granted amended relief, using variance relief standards, for an"art hobby workshop studio" in a heated accessory structure with non-conforming setbacks. The notice did not mention the proposed use as a"non- permitted use" ZBA File#5803 Corcoran residential zone Cutchogue,NY(Dec.27,2005). Application to convert the second-floor attic of an existing accessory garage building to an artist loft/workshop by adding dormers and a half bathroom, denied by the Building Inspector as a non-permitted use. The Board granted variance relief, using variance relief standards, for the non-permitted use and approved the artist's studio/loft use conditioned upon the prohibition of renting, creating habitable space and installing heating in the accessory structure. ZBA File#5156 Taylor, residential zone, Cutchogue,NY(Oct.3.2002). Application for a height variance to construct an accessory garage to be used for"contractor's vehicle,workshop, and storage purposes."The Board approved the application, using variance relief standards. The workshop use was not noticed as a non-permitted use. ZBA File#4751 Howell and Patton, residential zoner,Orient,NY(Nov.3, 1999). Application to convert a two-story barn into an artist's studio containing a full bathroom on the first floor and a half bathroom on the second floor, determined by the Building Inspector to constitute a non- permitted second dwelling on the subject property.The artist's studio use was not noticed as a non- permitted use. The Board reversed the Building Inspector's denial of a building permit and approved the application, using variance relief standards, conditioned upon the prohibition of use of the accessory structure as a dwelling. ZBA File#4596,Caffrey,residential zone,Mattituck,NY(Aug.24, 1998). Application for a side yard setback variance for a portion of an accessory garage workshop building, approved as applied for.The workshop use was not noticed as a non-permitted use. ZBA File#4369 Reece and Scharbenbroich, residential zone,Orient,NY(May 29, 1996). Conversion of an as built accessory building with a non-conforming front yard location and setback into a"glass art works studio." The workshop use was not noticed as a non-permitted use. The Board sought to interpret the code and determined that the use was a professional home occupation and/or a home professional office use that could be located as of right in the principal dwelling and denied the application. Page 6,February 4,2021 (Amended January 5,2023) #7457,Nardolillo SCTM No. 1000-123-5-18 5. The Board finds that prior decisions by the Board of Appeals and Code Enforcement Officials issuing Notices of Disapproval about the establishment of workshops/artist studios in accessory structures on residential lots have not been consistent. Prior Boards often used variance relief standards to grant such approvals and in effect, were rendering a de facto code interpretation. Section 280-4(B) Definitions of the Town Code does not define the terms workshop, studio, or artist's studio as a permitted use in an accessory structure. Section 280-4(B) states that"any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged."According to Webster's, a workshop is defined as "a room, group of rooms, or building in which work, especially mechanical work, is carried on." Webster's defines a studio as "the workroom or atelier of an artist, as a painter or sculptor." 6. Based on prior decisions, the Board further finds that it has historically understood, the terms "artist's studio and artist's workshop" or simply "workshop"to be interchangeable, in that, the use is essentially the same, i.e.,the engagement in a home hobby or occupation solely for the personal enjoyment of the owner/applicant, and involving no viewing by or sales to the general public on the subject property. 7. Based on the sheer number of times that this issue has appeared before the Board, it would appear that this type of artist studio or workshop is a customary use to a single family residence. Moreover,there seems to be no question that these proposed accessory uses would be considered allowed accessory uses if the proposed activity took place in the main building where the principal use takes place. With regard to these uses the Board sees no difference as to whether they take place in the main/principle dwelling or in an accessory structure. 8. The Board, however, has also determined that key to these uses being allowed uses is not only that they are customary to principal use,but also that they are incidental to the principal use. In both of the cases before this Board, in order for these uses to be considered incidental,they must maintain a personal and/or hobby aspect to them and not become a more commercial type of use. To that end the Board has determined that the following elements/conditions led to the determination that these uses are customary and incidental to the principal use: 1. Such use is incidental to the principal residential use on the premises 2. The artist's studio/workshop in an accessory structure is not rented to or used by anyone other than the property owner of the principal dwelling 3. No individual or group instructions, classes or demonstrations related to the production/fabrication of crafts/art works in the studio/workshop may take place on the property 4. The property owner may not employ or engage unpaid assistance by any other persons(s) in relation to the production/fabrication of art/crafts in the accessory structure, 5. There is no exterior effect at the property line such as noise, traffic, odor, dust, smoke, gas, fumes or radiation 6. No display of products/art work/crafts etc. is visible to the street 7. No sales to the public are permitted on the subject property 8. Plumbing in the accessory structure is limited to a half bath(toilet and sink) and a utility sink. Page 7,February 4,2021 (Amended January 5,2023) #7457,Nardolillo SCTM No. 1000-123-5-18 9. Activities in the artist's studio/workshop in the accessory structure are limited to the production of crafts and works of art such as painting, sculpture,photography, ceramics, weaving/textiles, glass art(but not glass blowing), and personal woodworking/carpentry and auto mechanics on vehicles belonging only to the property owner. 10.No sleeping or cooking is permitted in the accessory structure 11. An accessory structure used as an artist's studio/workshop may only contain that one use in addition to non-habitable (unfinished, open rafters and stud walls) storage of general household items, garden tools and/or vehicles. 12. An accessory apartment in the accessory structure is not permitted unless the artist's studio/workshop use is removed and a special exception permit is obtained from the Zoning Board of Appeals. 13. The following uses are not, by this determination, considered to be permitted uses in an artist's studio/workshop in an accessory structure, as defined herein and are prohibited: workout/fitness activities,recreational actives, and home offices (as defined in the Town Code). Area Variance Relief AMENDED ADDITIONAL INFORMATION: (January 5,2023) Originally granted February 4,2021. In a letter dated December 15,2022,the applicant's architect, on behalf of his client, requested an amendment to condition number 5 explaining that his client insulated the attic space of the accessory building, although condition number 5 of the determination specifically required that the "second floor described as storage space remain unfinished and non-habitable with open rafters and stud walls." He further explained that the owner and contractor insulated the attic since it would temper the non- habitable, unconditioned storage space, preventing it from getting intolerably hot in the summer months. 1. Town Law 4267-b(3)(b)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The neighborhood is comprised of similarly sized one-and two-story dwellings with accessory structures on substandard lots. There are many properties in the neighborhood that have received relief for non-conforming lot coverage and setbacks. The proposed additions to the garage will" consolidate storage on the property and enable the removal of three existing storage sheds to "clean up the backyard" which will improve the appearance of the property in general. 2. Town Law§267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The as built garage on the subject property has had a nonconforming rear yard setback since it was built prior to the enactment of zoning and bulk schedules. Any addition to the existing accessory structure would require variance relief. The applicant has reduced the size if the proposed addition to further reduce the proposed non-conforming lot coverage, as amended,but cannot construct a reasonable size workshop without variance relief. 3. Town Law&267-b(3)(b)(3). The variances granted herein, as amended, are mathematically substantial, representing an approx. 80 % relief from the code for the rear yard setbacks and 17 % relief from the code for the proposed lot coverage. However,these variances are in keeping with the nonconformities granted to other properties in the neighborhood. Page 8,February 4,2021 (Amended January 5,2023) #7457,Nardolillo SCTM No. 1000-123-5-18 4. Town Law&267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code and conditions of this board. 5. Town Law 4267-b(3)(b)(5). The difficulty has not been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law X267-b. Grant of the relief as amended with conditions, is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a workshop and storage addition to an accessory garage while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, motion was offered by Member Weisman (Chairperson), seconded by Member Acampora, and duly carried,to DETERMINE THAT the workshop as applied for, is a permitted accessory use in an accessory structure on the subject residential lot as long as it conforms to the conditions outlined above AND TO GRANT THE RELIEF AS AMENDED and as shown on architectural drawings labeled site plan and plans and elevations sheet 1 and 2,prepared by Thomas C. Samuels,R.A., dated January 11, 2021: SUBJECT TO THE FOLLOWING CONDITIONS: (Condition 5 AMENDED JANUARY 5,2023) 1. The proposed exterior staircase to the second-floor storage space shall be relocated to the interior of the workshop and shall only be accessed via the interior of the first-floor workshop. 2. The applicant shall submit to the Board a revised site plan and architectural drawings showing the revisions required in condition#1 (one). 3. The three accessory sheds on the subject property shall be removed at the completion of construction of the proposed garage addition. 4. No Certificate of Occupancy shall be granted until the accessory sheds are removed as shown on the site plan. 5. The second floor described as storage space, shall remain unfinished and non-inhabitable with open rafters and stud walls.However,the ceiling of the first story and/or the floor of the second story storage area may be insulated. 6. No plumbing shall be installed in the first or second floor of the proposed addition. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other Page 9,February 4,2021 (Amended January 5,2023) #7457,Nardolillo SCTM No. 1000-123-5-18 than such uses, setbacks and other features as are expressly addressed in this action. In the event that this is an approval subject to conditions, the approval shall not be deemed effective until such time that the foregoing conditions are met; and failure to comply therewith will render this approval null and void. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may,upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one(1)year terms. Vote of the Board: Ayes: Members Weisman(Chairperson),Acampora, Dantes,Lehnert, and Planamento (5-0). slie Kanes Weisman, Chairperson Approved for filing l / 7 /2023 AMENDED JANUARY 5,2023 BOARD MEMBERS ��®f SOU,r�® Southold Town Hall Leslie Kanes Weisman, Chairperson 53095 Main Road • P.O. Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes a� Town Annex/First Floor, Robert Lehnert, Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento �Cou TV Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN �O6F SOUTHOLD EXTENSION DETE 1RMINATION One Year Extension Meeting of June 6, 2024 ZBA FILE: 7457 NAME OF APPLICANT: Louis and Erin Nardolillo PROPERTY LOCATION: 3850 Camp Mineola Road, Mattituck,NY SCTM No. 1000-123-5-18 BASIS OF APPLICATION: Request for Variances from Article III, Section 280-15; Article XXIII, Section 280- 124; and the Building Inspector's October 19, 2020,Amended November 12, 2020 Notice of Disapproval based on an application for a permit to construct additions and alterations to existing accessory garage; at 1) located less than the code required minimum rear yard setback of 15 feet; 2) more than the code permitted maximum lot coverage of 20%; located at: 3850 Camp Mineola Road, Mattituck,NY. SCTM No. 1000-123-5-18. DATE OF PUBLIC HEARING: January 7, 2021 This appeal was originally granted, as applied for with conditions on February 4, 2021 (Amended January 5, 2023). On May 13, 2024, Rachel Terry, representative, on behalf of her client, requested by letter, a one year extension for area variances that had expired on February 4, 2021. SUBJECT TO THE FOLLOWING CONDITIONS: (Condition 5 AMENDED JANUARY 5,2023) 1. The proposed exterior staircase to the second-floor storage space shall be relocated to the interior of the workshop and shall only be accessed via the interior of the first-floor workshop. 2. The applicant shall submit to the Board a revised site plan and architectural drawings showing the revisions required in condition#1 (one). 3. The three accessory sheds on the subject property shall be removed at the completion of construction of the proposed garage addition. 4. No Certificate of Occupancy shall be granted until the accessory sheds are removed as shown on the site plan. 5. The second floor described as storage space, shall remain unfinished and non-inhabitable with open rafters and stud walls. However, the ceiling of the first story and/or the floor of the second story storage area may be insulated. 6. No plumbing shall be installed in the first or second floor of the proposed addition. RESOLUTION OF THE BOARD: On June 6, 2024, a motion was offered by Member Weisman (Chairperson) seconded by Member Acampora, and duly carried,to GRANT, the applicant's request that the above cited determination be extended for One Year, to February 4, 2025,as per Chapter 280-146 of the Code of the Town of Southold. Vote of the Board: Ayes: Members Weisman(Chairperson),Dantes, Acampora, Planamento, and Lehnert. This Re lution was duly ad pted (5-0). Leslie Kanes Weisman Chairperson • MAC P24 _- NG BOARDZON ®F APPEA 3 � ,"""+ ,pa t, f`� ��,,.wr,i�.w�.../il..!-,:i. - .,'r oM.-..r�:.e<.l..;.:+ e"..+w.s,..."•w'-�w.,:` ,;d, 11r4 • ® • -K W(DC)E)W(DRKS 631.298.7900 May-13th,.2024 To Whom It May Concern: Re: Louis &Erin.Nardolillo, 3850 Camp Mineola Road, Mattituck.NY 11.9.52: Tax Map.#: 100.0-5-18. /a3 We are requesting an extension to apply for the C of 0 as the garage has been completed since Mid 2023 and unfortunately although inspections-were done, the C of 0 was-never finalized so if possible, at your earliest convenience,.if you would:be able to.be granted the extension so:we can file for the C of 0, it would'b_e greatly appreciated. ank you in.Advance, :CAE Rachel Terry Office Manager„North Fork Woodworks 'moo,I e,-,rv,0Jo __� A-P) PO Box 1407 Southold NY 11971 * Telephone: 631.298.7900 * Fax': 631.29.8.7899 * nfwwinc@aol.com RECEIVED DEC 1.9 2022 S A M U E L S & S T E E L M A N Z°rnng B°ard of gppeals December 15,2022 Leslie Kanes Weisman, Chairperson Zoning Board of Appeals Town Hall Annex 53095 blain Road Southold, NY 11971 Re: NA:RDpLIULOaid1CCESSORY BUILDING 3850 Camp Mineola Road Mattituck, NY 11952 SCTM#1000-103-7-15 ZBA File#7457 Dear Leslie, In the above referenced project, which received a VARIANCE for rear yard setback and site coverage, the attic space has been insulated, which was not authorized by the variance. It was felt by the owner and contractor that this would temper that non-habitable, un-conditioned Storage Space, preventing it from getting intolerably hot in the summer months. If you agree, could you please issue a de minimus letter for that work, or otherwise let me know how best to proceed. Sincerely, Tom Samuels PS We understand that you are nearing retirement from the Board. Nancy and I would like to personally thank you for all your service to the Town. It has been a pleasure working with your over the years! ARCHITECTS 25235 MAIN ROAD CUTCHOGUE,NEW YORK 11935 (631)734-6405 FAX(631)734-6407 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson �\of $oUj�® 53095 Main Road-P.O. Box 1179 Patricia Acampora �0 Southold,NY 11971-0959 Eric Dantes #it Office Location: Robert Lehnert,Jr. Town Annex/First Floor R • O Nicholas Planamento 54375 Main Road(at Youngs Avenue) ® � I'OUNSouthold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 April 13, 2023 Martin Finnegan, P.C. Attorney at Law P.O. Box 1452 Mattituck, NY 11952 Re: ZBA FILE: 7457,Nardilillo 3850 Camp Mineola Road, Mattituck SCTM No. 1000-125-5-18 Dear Mr. Finnegan; Your recent appeal to the Southold Town Attorney asking for a revised decision of amended ZBA decision number 7457 dated January 5, 2023, was forwarded to our office. During our Regular Meeting on April 6, 2023 the Board reviewed your request, including the photographs provided to us showing the current condition of the insulation in the subject accessory structure. As you know, the ZBA's amended decision granted permission to the applicant to insulate the ceiling of the first story and the floor of the second story storage area only. Please be advised that the Board stands by its January 5, 2023 amended decision. If you have any additional concerns or questions, please contact the Town Attorney's office. n re yours, E, aeslie Karnes Weisman ZBA Chairperson cc: Town Attorney's Office BOARD MEMBERS �0 S®(�j� Southold Town Hall Leslie Kanes Weisman,Chairperson � �'® 53095 Main Road•P.O.Box 1179 �® I® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. �® ® �® 54375 Main Road(at Youngs Avenue) Nicholas Planamentol�C®UNTY Southold,NY 11971 9 http://southoldtowiiny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809 •Fax(631)765-9064 RECEE ED FINDINGS,DELIBERATIONS AND DETERMINATION FEB _ 9 2021 ' MEETING OF FEBRUARY 4, 2021 a. n" , 1 Southold Town Clea, ` ZBA FILE: 7457 _. NAME OF APPLICANT: Louis and Erin Nardolillo PROPERTY LOCATION: 3850 Camp Mineola Road, Mattituck,NY SCTM No. 1000-103-7-15 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23,and the Suffolk County Department of Planning issued its reply dated January 7, 2021 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: The relief,permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The subject property is a 12,701 sq. ft. parcel located in an R-40 Zoning District. The property has a 103.62 feet frontage along Camp Mineola Road, then turns north for 140.66 feet to the rear yard, where it turns west 100 feet before returning 113.55 feet south back to Camp Mineola Road. The property is improved with a two-story frame residence with covered porches and an outside shower. There is a frame garage with wood deck in the rear yard, along with 4 frame sheds also located in the rear yard. BASIS OF APPLICATION: Request for Variances from Article III, Section 280-15; Article XXIII, Section 280-124; and the Building Inspector's October 19, 2020, Amended November 12, 2020 Notice of Disapproval based on an application for a permit to construct additions and alterations to existing accessory garage; at 1)located less than the code required minimum rear yard setback of 15 feet;2)more thanthe code permitted maximum lot coverage of 20%;located at: 3 850 Camp Mineola Road, Mattituck,NY. SCTM No. 1000-123-5-18. RELIEF REQUESTED: The applicant requests variances to construct additions and alterations to the existing accessory garage to create a carpentry/woodworking workshop on the first floor and loft storage space on the second floor,having a rear yard setback of 2 feet, 1 inch(or 2.0833 feet)where a 15 feet minimum rear yard setback is required. The lot coverage is proposed to be 24.41% where a 20% maximum lot coverage is permitted by code. Page 2,February 4,2021 #7457,Nardolillo SCTM No. 1000-123-5-18 AMENDED APPLICATION: During the hearing, the applicant was asked to bring the plan into more conformity with the code by reducing the proposed lot coverage removing the proposed second story dormer on the north elevation facing the adjacent property which could impact privacy since the stricture is proposed to be 21 feet+/- in height, and relocating the proposed exterior staircase to the second-floor storage space to the interior of the workshop on the first floor. The applicant on January 12, 2021 submitted a plan, dated January 11,2021,increasing the rear yard setback to 3 feet, 1 inch(or 3.0833 feet),removing the second story north facing dormer, and reducing the size of the proposed workshop which subsequently reduced the proposed lot coverage to 23.42%, bringing the plan into more conformity with the code. The amended site plan still shows an outside staircase to the second story loft storage space. ADDITIONAL INFORMATION: At the public hearing testimony was taken from the owner's representative as to the reasons for the addition and the use of the space. The need for two second story dormers in a storage loft area,and an outside stair were discussed. The applicant's representative also indicted that the property owner wished to use the workshop for his own personal woodworking/cabinet making hobby and not for any business use, and that the space would have no plumbing and would be unfinished with only the utility of electricity. In addition, the three existing sheds used for storage and an existing terrace were proposed to be removed for a total lot coverage of 23. 42% as shown on the amended site plan and plans elevations by Samuels and Steelman,architects, labeled sheet 1 and 2 and dated l/11/121 and received by the ZBA on January 12, 2021 Six letters of support for this application were received from neighbors, and several prior ZBA decisions granting approval for excessive lot coverage and non-conforming setbacks in the immediate neighborhood were also submitted in support of the application and in keeping with the character of the neighborhood. On the same date of the public hearing on this subject application (ZBA file no.: 7457, Nardolillo),the Board also held a hearing for, Ryckman/Wilson no. 7454 located at 1405 Village Lane, Orient,NY, which is also located in the R40 zone district. In this latter instance, a Notice of Disapproval was issued based on an application for a permit to alter an existing accessory garage to an artist studio that determined that"[a]n artist studio in an accessory building is not a permitted use. At that hearing, one of the applicants,Thomas Ryckman,testified that his wife, Pamela Wilson, is a recognized artist(painter)whose work is widely exhibited and sold by various art galleries. Rykman and Wilson both reside in Orient,NY on a part-time basis in a dwelling located in an historic district.Ms. Wilson proposes to use the existing accessory garage on the subject property to produce her art, and not as an art gallery for the display and/or sale of art to the public. The existing foot print of the accessory garage will not be changed, although a conforming outdoor shower addition on the rear of the structure is proposed to be added.Proposed renovations to the as built accessory garage include replacing the small windows now in place with taller windows;thermal improvements will be made to the roof,walls,floor and fenestration; replacing the garage door and swing door; adding a door at the rear for garden storage,adding sky lights on the roof, and changing the existing siding to clapboard that matches the main house, all as shown on the architectural drawings by Studio AB Architects labeled ZBA.01.2 dated 10/29/20,ZBA .O1 dated 10/29/20 and ZBA.02 dated 9/21/20 Based upon the appearance of inconsistency in the Notices of Disapproval cited in ZBA# 7454 and# 7457 and a review of prior Board decisions granting approvals for"workshops/artist studios" in accessory structures in residential zones,the Board,has determined that it is necessary for the Board to exercise its powers under section 280-146(D) of the Town Code and provide a code interpretation in both of these matters in order to provide clarity about these two accessory uses and as to whether they are allowed in accessory structures. Page 3,February 4,2021 #7457,Nardolillo SCTM No. 1000-123-5-18 FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on January 7, 2021 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: Interpretation of Town Code Section 280-17(C)Accessory uses in R-40 Zoning District 1. In this subject application, a Notice of Disapproval was issued by the Building Inspector on July 28, 2020,renewed October 19, 2020 and amended November 12, 2020, for a two-story addition to an existing accessory garage with a non-conforming rear yard setback and excessive lot coverage. The floor plans and elevations submitted with this application(#7457)to the ZBA and reviewed by the Building Department were clearly labeled"workshop" on the first floor and"storage loft, non-habitable space" on the second floor. However, the Notice of Disapproval did not cite the proposed workshop use as non-permitted in an accessory structure in the R40 zone district,pursuant to Section 280-13(C) of the zoning code. The attorney for the applicant applied for variance relief for the non-conforming rear yard setback and excessive lot coverage. At the hearing the applicant's attorney testified that the applicant's business is kitchen cabinetry and that he wished to establish a home carpentry/wood working workshop in the accessory garage for his own personal use with storage above. 2.Section 280-17(C)of the Town Code provides allowed accessory uses in the R-40 residential zoning district include those accessories uses allowed in § 280-13C of the Agricultural-Conservation District, accessory uses allowed in § 280-13D of the A-C,R-80,R-120,R-200 and R-400 Districts, and Direct marketing of aquaculture or mariculture products. Section 280-13C states that the following accessory uses are permitted: (1)Any customary structures or uses which are customarily incidental to the principal use, except those expressly prohibited. (2) Home occupation, including home professional office and home business office. (3) Boat docking facilities for the docking,mooring or accommodation of noncommercial boats (4) Garden house,tool house, storage building, playhouse,wading pool, swimming pool or tennis court incidental to the residential use of the premises and not operated for gain (5) Private garages;provided,however,that not more than two passenger automobile spaces in such garages may be leased to persons not resident on the premises. (6) Off-street parking spaces accessory to uses on the premises.Not more than four off-street parking spaces shall be permitted within the minimum front yard. (7) The storage of either a boat or travel trailer owned and used by the owner or occupant of the premises on which such boat or travel trailer is stored,for his personal use. Page 4,February 4,2021 #7457,Nardolillo SCTM No. 1000-123-5-18 (8) Horses and domestic animals other than household pets,provided that such animals shall not be housed within 40 feet of any lot line.Housing for flocks of more than 25 fowl shall not be constructed within 50 feet of any line. (9) Yard sales,attic sales,garage sales, auction sales or similar types of sales of personal property owned by the occupant of the premises and located thereon, (10) Wineries may have an accessory gift shop on the premises which may sell items accessory to wine (11) Child care (12) Use of aircraft in agricultural operations (13) Processing of agricultural products, and; l Section 280-13(D)of the Town code provides for rental permits for accessory apartments. 3. Nothing in Section 280-17, section 280-13(C)or section 280-13(d) specifically allows or prohibits a workshop or artist studio as an accessory use, or as an accessary use in an accessory structure. In contrast,by way of example,280-13(c)provides that home occupations are an allowed accessory use but specifically states that the activity must take place in the main building and therefore cannot take place in an accessory structure. Since neither a"workshop"nor an"artist studio"is listed as an allowed accessory use, if it is to be considered an allowed accessory use the Board would have to conclude that the use is"customary and incidental to the principal use,"which in both matters before the Board is a single-family residence. As set forth below,the Board has concluded that under certain conditions,both proposed uses should be considered customary and incidental to a single family residences and therefore, allowed accessory uses in accessory structures. 4. In reaching its determination the Board reviewed past determinations regarding workshops and artist studios. As set forth below,there were several inconsistencies in both the building departments notice of disapprovals as well as decisions from this Board. Included in those priors are the following: ZBA File#7280 Victoria,HB Zone,New Suffolk,NY(June 20,2019).Application to create an "artist's studio"by converting a portion of a dwelling into a detached accessory structure,not permitted in an HB zoning district.The Board denied a requested use variance and overturned the Building Inspectors Notice of Disapproval which wrongly stated that the proposed accessory use as an"artist's studio" in an accessory garage was not permitted,because the proposed alterations would result in an accessory"custom workshop/artist's craftsmen's workshop"which is listed in the code as a permitted use in the HB zone district. ZBA File#6852 Davas and Papagianis,R80 zone,Greenport,NY(April 16,2015). The Board granted variance relief for a proposed unheated workshop addition to an accessory garage with half bath and loft storage with a non-conforming side yard setback to be used for a personal woodworking hobby.The workshop use was not noticed as a non-permitted use. Page 5,February 4,2021 #7457;Nardolillo KiT No. 1000-123-5-18 ZBA File#6424 Adams, residential zone Orient,NY(Nov 16,2010)applicant proposed to construct an accessory structure to be used as an art studio which was noticed as a non-permitted use. The Board granted amended approval,using variance relief standards,for an"artist's workshop"as a permitted use making the distinction between the definition of an artist's studio"as a physical location for creating artwork and a location for the public viewing and/or private viewing and/or sales of same created artwork;"and the definition of an artist's workshop as"a physical location for creating artwork and expressly prohibits the public and/or private viewing and/or sales of same created artwork." ZBA File#6298 Manson and Millard R40 zone,Orient,NY(August 27,2009).The Board granted approval, using variance relief standards,for the conversion of an as built accessory garage in a front yard(variance)to an art studio which, based upon the proposed full bathroom,was deemed to be habitable space which is not permitted in an accessory building, finding that"the use as an artist's studio is solely for the applicant's professional use which is a quiet occupation that requires no equipment that would create noise or disturbance to the neighborhood." ZBA File#6108 Crary residential zone,Orient,NY(May 8,2008).The Board granted amended relief,using variance relief standards,for an"art hobby workshop studio" in a heated accessory structure with non-conforming setbacks.The notice did not mention the proposed use as a"non- permitted use" ZBA File#5803 Corcoran residential zone Cutchogue,NY(Dec.27,2005). Application to convert the second-floor attic of an existing accessory garage building to an artist loft/workshop by adding dormers and a half bathroom, denied by the Building Inspector as a non-permitted use. The Board granted variance relief,using variance relief standards, for the non-permitted use and approved the artist's studio/loft use conditioned upon the prohibition of renting,creating habitable space and installing heating in the accessory structure. ZBA File#5156 Taylor,residential zone,Cutchogue,NY(Oct.3.2002)., Application for a height variance to construct an accessory garage to be used for"contractor's vehicle,workshop,and storage purposes."The Board approved the application,using variance relief standards.The workshop use was not noticed as a non-permitted use. ZBA File#4751 Howell and Patton,residential zoner,Orient,NY(Nov.3, 1999). Application to convert a two-story barn into an artist's studio containing a full bathroom on the first floor and a half bathroom on the second floor, determined by the Building Inspector to constitute a non- permitted second dwelling on the subject property. The artist's studio use was not noticed as a non- permitted use.The Board reversed the Building Inspector's denial of a building permit and approved the application,using variance relief standards, conditioned upon the prohibition of use of the accessory structure as a dwelling. ZBA File#4596,Caffrey,residential zone,Mattituck,NY(Aug.24, 1998). Application for a side yard setback variance for a portion of an accessory garage workshop building,approved as applied for. The workshop use was not noticed as a non-permitted use. ZBA File#4369 Reece and Scharbenbroich, residential zone,Orient,NY(May 29, 1996). Conversion of an as built accessory building with a non-conforming front yard location and setback into a"glass art works studio." The workshop use was not noticed as a non-permitted use. The Board sought to interpret the code and determined that the use was a professional home occupation and/or a home professional office use that could be located as of right in the principal dwelling and denied the application. Page 6,February 4,2021 #7457,Nardolillo SCTM No. 1000-123-5-18 5. The Board finds that prior decisions by the Board of Appeals and Code Enforcement Officials issuing Notices of Disapproval about the establishment of workshops/artist studios in accessory structures on residential lots have not been consistent. Prior Boards often used variance relief standards to grant such approvals and in effect, were rendering a de facto code interpretation. Section 280-4(B) Definitions of the Town Code does not define the terms workshop, studio, or artist's studio as a permitted use in an accessory structure. Section 280-4(B) states that"any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged."According to Webster's, a workshop is defined as "a room, group of rooms, or building in which work, especially mechanical work, is carried on." Webster's defines a studio as "the workroom or atelier of an artist, as a painter or sculptor." 6. Based on prior decisions, the Board further finds that it has historically understood, the terms "artist's studio and artist's workshop" or simply "workshop"to be interchangeable, in that,the use is essentially the same, i.e., the engagement in a home hobby or occupation solely for the personal enjoyment of the owner/applicant, and involving no viewing by or sales to the general public on the subject property. 7. Based on the sheer number of times that this issue has appeared before the Board, it would appear that this type of artist studio or workshop is a customary use to a single family residence. Moreover, there seems to be no question that these proposed accessory uses would be considered allowed accessory uses if the proposed activity took place in the main building where the principle use takes place°[spil`. With regard to these uses the Board sees no difference as to whether they take place in the main/principle dwelling or in an accessory structure. 8. The Board,however,has also determined that key to these uses being allowed uses is not only that they are customary to principal use, but also that they are incidental to the principal use. In both of the cases before this Board, in order for these uses to be considered incidental,they must maintain a personal and/or hobby aspect to them and not become a more commercial type of use. To that end the Board has determined that the following elements/conditions led to the determination that these uses are customary and incidental to the principal use: I. Such use is incidental to the principal residential use on the premises 2. The artist's studio/workshop in an accessory structure is not rented to or used by anyone other than the property owner of the principal dwelling 3. No individual or group instructions, classes or demonstrations related to the production/fabrication of crafts/art works in the studio/workshop may take place on the property 4. The property owner may not employ or engage unpaid assistance by any other persons(s) in relation to the production/fabrication of art/crafts in the accessory structure, 5. There is no exterior effect at the property line such as noise, traffic, odor, dust, smoke, gas, fumes or radiation 6. No display of products/art work/crafts etc. is visible to the street 7. No sales to the public are permitted on the subject property 8. Plumbing in the accessory structure is limited to a half bath(toilet and sink) and a utility sink. Page 7,February 4,2021 #7457,Nardolillo SCTM No. 1000-123-5-18 9. Activities in the artist's studio/workshop in the accessory structure are limited to the production of crafts and works of art such as painting, sculpture, photography, ceramics, weaving/textiles, glass art(but not glass blowing), and personal woodworking/carpentry and auto mechanics on vehicles belonging only to the property owner. 10. No sleeping or cooking is permitted in the accessory structure 11. An accessory structure used as an artist's studio/workshop may only contain that one use in addition to non-habitable (unfinished, open rafters and stud walls) storage of general household items, garden tools and/or vehicles. 12. An accessory apartment in the accessory structure is not permitted unless the artist's studio/workshop use is removed and a special exception permit is obtained from the Zoning Board of Appeals. 13. The following uses are not, by this determination, considered to be permitted uses in an artist's studio/workshop in an accessory structure, as defined herein and are prohibited: workout/fitness activities, recreational actives, and home offices (as defined in the Town Code). Variance Relief 1. Town Law &267-b(3)(b)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The neighborhood is comprised of similarly sized one- and two-story dwellings with accessory structures on substandard lots. There are many properties in the neighborhood that have received relief for non-conforming lot coverage and setbacks. The proposed additions to the garage will" consolidate storage on the property and enable the removal of three existing storage sheds to "clean up the backyard" which will improve the appearance of the property in general. 2. Town Law§267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The as built garage on the subject property has had a nonconforming rear yard setback since it was built prior to the enactment of zoning and bulk schedules. Any addition to the existing accessory structure would require variance relief. The applicant has reduced the size if the proposed addition to further reduce the proposed non-conforming lot coverage, as amended, but cannot construct a reasonable size workshop without variance relief. 3. Town Law X267-b(3)(b)(3). The variances granted herein, as amended, are mathematically substantial, representing an approx. 80 % relief from the code for the rear yard setbacks and 17 % relief from the code for the proposed lot coverage. However,these variances are in keeping with the nonconformities granted to other properties in the neighborhood. 4. Town Law§267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code and conditions of this board. 5. Town Law&267-b(3)(b)(5). The difficulty has not been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law&267-b. Grant of the relief as amended with conditions, is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a workshop and storage addition to an accessory Page 8,February 4,2021 #7457,Nardolillo SCTM No. 1000-123-5-18 garage while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, motion was offered by Member Weisman (Chairperson), seconded by Member Acampora, and duly carried,to DETERMINE THAT the workshop as applied for, is a permitted accessory use in an accessory structure on the subject residential lot as long as it conforms to the conditions outlined above AND TO GRANT THE RELIEF AS AMENDED and as shown on architectural drawings labeled site plan and plans and elevations sheet 1 and 2,prepared by Thomas C. Samuels,R.A., dated January 11, 2021: SUBJECT TO THE FOLLOWING CONDITIONS: 1. The proposed exterior staircase to the second-floor storage space shall be relocated to the interior of the workshop and shall only be accessed via the interior of the first-floor workshop 2. The applicant shall submit to the Board a revised site plan and architectural drawings showing the revisions required in condition 1 (one). 3. The three accessory sheds on the subject property shall be removed at the completion of construction of the proposed garage addition. 4. No Certificate of Occupancy shall be granted until the accessory sheds are removed as shown on the site plan. 5. The second floor described as storage space, shall remain unfinished and non-inhabitable with open rafters and stud walls. 6. No plumbing shall be installed in the first or second floor of the proposed addition That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s)granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subjectproperty that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. In the event that this is an approval subject to conditions, the approval shall not be deemed effective until such time that the foregoing conditions are met; and failure to comply therewith will render this approval null and void. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3) years from the date such variance was granted. The Board of Page 9,February 4,2021 #7457,Nardolillo SCTM No. 1000-123-5-18 Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one (1)year terms. Vote of the Board: Ayes:Members Weisman(Chairperson),Acampora,Dantes,Lehnert, and Planamento (5 Leslie Kanes Weisman, Chairperson Approved for filing / 7 /2021 Samuels and Steelman Architects 25235 Main Road, Cutchogue, NY 11935 May 26 2021 Kim Fuentes RECEIVED ZBA Town Hall Annex MA' 2 6 2021 Southold, NY 11971 Zoning Board of Appeals Re: NARDOLILLO ACCESSORY BUILDING 3850 Camp Mineola Road Mattituck, NY 11952 Dear Kim, Enclosed please find two (2) stamped prints of the SITE PLAN, FLOOR PLANS and ELEVATIONS of the above referenced project, per your request, for submission to the Southold ZBA. If file is hereby complete, please issue a final approval, and share that with Amanda Wanamaker in the Building Dept. Please let me know if I can be of further assistance. Sincerely, Tom Samuels REVISIONS PROVZ E TEMPORAR`I' RUNOFF CONTROL NOW OR FORMERLY MEASURE PER DETAIL JACQUELINE M. FEDYNAK SITE L"J"A"FA RAYMOND E. FEDYNAK GENERAL STORMWATER POLLUTION PREVENTION NOTES SCTM # 1000-123-5-18 PERMANENT STORM WATER RUNOFF CONTROL MEASURE PROPOSED NEW DRYWELL SITE DESCRIPTION & GENERAL SEQUENCE OF SITE ACTIVITIES FOR THE ENTIRE SITE (2'X8') FOR RAIN WATER PROPERTY: 3850 Camp Mineola Road Development activities for this project will consist of: RUNOFF FROM NEW ADDITION „ Mattituck, NY 11952 1. Installation of temporary erosion control measures (silt fence barriers), see detail 2 ROOF. SEE DETAIL 1-I �_��' Ii3 -2 OWNER: Lou and Erin Nardolillo 2. Excavation for a new building foundation (+/-3 ft below finished grade) NOW OR FORMERLY U� 26 3. Construction of a new foundation MARGARET M. BERGAMINI50.00' 420 Bray Avenue 4. Construction of the new addition to the residence ROBERT J. BERGAMINI 85.15'00-= " E tJ �••- --- Laurel, NY 11948 W 5. Installation of on site drainage structures (permanent storm water runoff control measures), see CHARLES CAIN _ --- TEL. # detail 1 MARY CAIN �, E 50.00' ' "-- Issssssss- 6. Installation of underground piping from gutters and downspouts to the drainage structures N 85.10 00 _ O 7. Filling and grading of soil above drainage structures frame SITE: 12,701 sf = 0.29 ac 8. Installation of new landscaping plants, lawns garage P� 9 p AREA 9. Removal of the temporary erosion control measures • F � Dye ZONING: R-40 MAY 2 f �0AI (,� SITE DATA / Site Area: 12,701 SQ. FT. = 0.29 AC. REMOVE EX1 STI NG / = 1 +� , Z Receiving Waters: Peconic Bay THREE (3) SHEDS / _ FLOOD: AE-6 0 Zoning toard of Appeals Contractor: N/A / ZONE Cn POLLUTION CONTROL MEASURES I I / SURVEYOR: John Callacher, LS, LLC Im In accordance with the provisions of the Town of Southold, chapter 236, storm water management and -- J -- 54 Florence Drive >' erosion and sediment control measures including, but not limited to, the following shall be employed during L_- �_ - - Manorville, NY 11949 construction: t I 631 874 0400 DATED: X O A. Existing vegetation to remain shall be protected (by installation of construction fence or other approved (All DATUM NAVD 1988 means) and shall remain undisturbed. EXISINS p • B. Clearing and Grading shall be scheduled so as to minimize the extent of exposed areas and the length of DRIVEN 00 time that areas are exposed.A maximum of 1 acre shall be disturbed at one time unless written I I I J ;; 4;:: I W permission is granted by the NYSDEC. Graded and stripped areas shall be kept stabilized through the �,� STAGING AREA AND PROPOSED use of temporary seeding as required. Seed mixtures shall be in accordance with the soil conversation 6 .• �-'- - L CONCRETE WASHOUT AREA service recommendations. - OUTLINE OF / C�C-� LO' CAffloinION MA P (� C. Bare soils shall be seeded within 14 days of exposure, unless construction will begin within 21 days as EXISTING TERRACE I NOW OR FORMERLY sections are completed, or if construciton on an area is suspended, the area shall be seeded TO BE REMOVEID / EDNA BEIRNE .�- I 0 y6� immediately. " MICHAEL E. BEIRNE LsriacroNivi. O a. Seed preparation -scarify soil if compacted, remove debris and obsticiles such as roots and stumps. 10 - 1�� b b. Soil AmendmentsI 4.-T+ VL 1. Lime to ph 6.0 2. Fertilize with 6600 lbs of 5-10-10 or equivalent per acre(14 lbs/100 sq. ft.) Q`s '° Z c. Seed MixturesETB C 1� o� a S1 seedlings 1. TemporaryI Y 9 MA TTI CK O� � V a. Ryegrass (annual or perennial) @ 30 lbs. per acre(0.7 lbs per 1,000 sq.ft.) b. Certified "Aroostook"winter rye (cereal rye) @ 100 lbs. per acre(2.5 lbs per 1,000 sq. ft.) us ear MCK cxaaa o tt,�� winter rye if seeding in October/November. 2. Permanent seedlings-See Landscaping plansa ��eo D. The length and steepness of cleared slopes shall be minimized to reduce runoff velocities. Runoff shall I '' 9 P p be diverted away from cleared slopes. ( Q E. Sediment shall be trapped on the site and not permitted to enter adjacent properties or public roads or I drainage systems. Sediment barriers shall be installed along the limits of disturbance prior to the start of g n construction and shall be maintained until construction is complete. F.A stabilized construction entrance shall be maintained to prevent soil and loose debris from being trackedDE YARD I ?ate onto local roads. The construction entrance shall be maintained until the site is permanently stabilized. SI �y9 rexr O Any sediment tracked onto public roads to be removed or cleaned on a daily basis. G. All runoff shall be retained on site in accordance with local regulations and approvals. Drainage inletsGREAT PECONIC BAY installed on site shall be protected from sediment buildup through the use of appropriate inlet protection. H.Appropriate means shall be used to control dust during construction. I. Following permanent stabilization, paved area shall be cleaned of soil and debris and drainage systems TEST HOLE LOCATION shall be cleaned and flushed as necessary. I •-� 06 Z J.The contractor is responsible for inspection and proper maintenance of erosion control measures. Ln + �J Inspections must be performed every seven calendar days and immediately after periods of rainfall L{-.�•{- O a' N greater than one half inch. Maintenance measures are to include, but are not limited to, cleaning of TEST HOLE tt2 J E. o recharge basins, sediment traps and drywells, cleaning and repair of I y o o sediment barriers, repair of berms and runoff diverters, and cleaning and repair of inlet protection devices. XI STI NG 0 NO SCALE W _�' K. During construction, the contractor will comply with all local regulations concerning the disposal of solid R11�EWA W waste and debris and toxic and hazardous waste, as well as sanitary sewer and septic system Ln BY MARK McDONALD GEOSCIENCE row w• a regulations. Temporary fencing shall be erected as shown on Site Plan along with the placement of SOUTHOLD, NEW YORK 11971 g w. CN N = r dumpsters to control the buildup of debris. The contractor shall periodically clean up any debris TEST HOLE DATA 5/15/2020 r accumulated along the temporary fence and empty the dumpsters regularly. 86 52 Q I" 1 cn cn The contractor will report any required modifications to the SWPPP necessitated by field conditions or EXISTING WAL<G NAI' ELEV. + 5.1' construction activities to the Engineer/Architect for revision of the SWPPP where appropriate. AT GRADE TO REMAIN 0.5' DARK BROWN LOAM OL DESCRIPTION OF CONSTRUCTION AND WASTE MATERIALS STORED ON SITE • Construction materials shall include concrete wood forms, building lumber and associated metal 3.62' EXISTING STABILIZED 3.0' BROWN SILTY SAND SM _ attachments, precast concrete septic/drainage structures, prefabricated building components (windows, CONSTRUCTION ENTRANCE doors, cabinets, flooring materials, finished roofing and siding materials, lighting fixtures, plumbing fixtures), EXISTING 4.0' PALE BROWN FINE SAND SP NIC- gypsum wall board, batt and rigid insulation, piping for plumbing, outdoor paving materials. NOW OR FORMERLY PARKING - �� 0 Waste materials shall include demolition materials from the existingbuilding structure, unused building WATER IN o, c. sq� 9 9 CHARLES F. CAIN AREA 17' PALE BROWN FINE SAND SP materials and products, trash from construction workers meals and drinks. Project site shall have a MARY E. CAIN dum ster that all waste marerials will be temporarily stored and dum ster shall be emptied week) b a p p v P P y y ! . QO P COMMENTS: WATER ENCOUNT private carting company. 4.0 BELOW SURFACE, ELEV 1.11AL MAP V �N Q� REVIEWED BY ZBA � S ��' 098350- TOP OF EXISTING �S M` SEE DECISION # /�U_ CAST IRON FRAME AND COVER LOT COVERAGE TABLE G � p DATED � /� /� PROJECT NO: GRADE , p,M 1708 TO GRADE (A5 REQUIRED) SITE AREA TOTAL: 12,101 sf DRAWN BY: TRAFFIC SLAB (SEE UT tV PLANS FOR LOCATIONS) CHECKED BY: STRUCTURES EXISTING PROPOSED PERCENTAGE TS WIRE FENCE W/ FILTER CLOTH HOUSE: 14,08 sf 1,408 Sf 12.0-7% DATE: PORCHES: 460 sf 460 sf 3.62% 4/29/21 DEC�GS/STAIRS: 220 sf 275 sf 2.1-1% SCALE: 1" = 10' - 01, O 24" HIGH DRAINAGE SURFACE SHEDS: 300 Sf 0 5f 0% FILTER CLOTH MIN. D AINAGE SHEET TITLE: ® ® ® Eg ® ® EK ® ® `n BA51N 6 BELOW GRADE\ _ GARAGE: 365 5f 832 sf -1.05% 3' min ® ® ® ® ® ® ® ® ® \ TOTAL: 2,'122 sf 2,x('15 5f 23.42% 0 ® ® ® ® ® ® ® ® ® BACKFILLILI SITE ® ® ® ® ® ® ® ® ® 1L MATERIAL 1-0 ® ® ® ® ® ® ® ® ® BE GLEAN SAND AND GRAVEL L TEMPORARY STORM WATER DRAINAGE CALCULATIONS fie��a;v�.D - PLAN SCALE: 1" = 10' - 0" RUNOFF CONTROL MEASURE � GROUND WATER _ _ _ _ _ _ _ _ WN2SION & SEDIMENT CONTROL DETAILS AREA OF RESIDENCE (DW-A) NlAY 2 6 2021 2i c E DRY WELL AREA x RAINFALL x RUNOFF FACTOR (DW-A) 468 5F x (2/12 FT.) x 1.0 = -1a GU. FT. :-,i'ci rrr' '= SHEET NO: PERMANENT STORM WATER USE: (U a' DIAMETER x 2' HIGH POOL - RUNOFF CONTROL MEASURE (1) 8' x 2' STORM DRAIN RING = 84 CU. FT. PROVIDED REQUIRED STORM DRAINAGE RING TYPICAL 54 GU. FT. > 'lb GU. FT. 1 NO SCALE REGULATORY APPROVALS STANDING SEAM METAL ROOFING OVER 30# NEW EXISTING A NEW EXISTING REMOVE EXISTING ROOFING. EVALUATE DECKING /�•y BLDG. PAPER ON %" PLYWD. DECKING, PER AND ADVISE OF SERIOUS DETERIORATION. SPECS. PROVIDE SECURE ATTACHMENT I PROVIDE STANDING 5EAM METAL ROOFING OVER AND ALL REG'D FLA5HING - 30# BLDG. PAPER, PER SPECS. — — — — —— — uj I I I ILu O — — — — w I Q I I � - - - - - - - - - - - - I z I I � — — Z d I STORA&E LOFT _ w cV UNFINISHED NO -HAB 1 TABLE SPACE '' I m II_'1/8" LVLRIDE 2x8 RIDGE „ x Qr 5/4" PLYWD. SUBFLOOR I — I O N ci _ Lu a0® I Q — x l I — .x 0 0� w ? i V (3)2x6 HDR (3)2x HDR (3)2x6 HDR ,�+ I W I I I a — - - - - - - -- -- — — 31* AX 1 AX 1 � O y - -- ---- - - - - - -- - - -- -- � ——————— - - - - - - - - � 1— z 2" IQ' TfNL-.m E U ff vi A FX%J %Jlm LA S E C () N PC) FE�� L C) u" L/w% IM 40 A a a SCALE: 1/4" = 1' -0" SCALE: 1/4" = 1' -0" NEW FOUNDATION w/5"x*" REINF. GONG. FOOTING NEW CONSTRUCTION w/T46 EXTERIOR SIDING ON AND 8" THK. POURED GONG. FOUNDATION. SEE SUBSTRATE, ON %" PLYWD. SHEATHING, ON Z DETAIL AT SECTION FOR CAST-IN-PLACE STEP IN NEW EXI5TIN6 2x6®I6" STUD FRAMING. PROVIDE INSULATION ANEW EXISTING TOP OF FOUNDATION AND INTERIOR FINISH PER DRAWINGS AND SPECS EXISTING STRUCTURE TO REMAIN. EVALUATE EXTERIOR FIN15HF-S AND STRUCTURE N Q PROVIDE GROUTED STC. DOWELS I 8"xi6" FLOOD VENT. Y r BETWEEN NEW/EXISTING FOUNDATIONS SEE SPECS. J 26' O" 26' O" 18'-2" o or I 8"x16" FLOOD VENTS = W J• w z z a 4 I SEE SPECS. _O ~ z u x i W. v Q N fL -------------- ------------------- -----------------------�_ ----- C N W• N 2 r '♦ x;"l:l i:. .k x' ),ws Sfh. ii: .)ice is ':�' :.t�'� -_ i V --------------- ---------------- --------------------------- ----- ? Q �• U i, I I 51 u Y 2Y:2'. V� 2 I 2 I I s EXISTING FOUNDATION TO REMAIN. TAKE ',- PRECAUTIONS TO NOT UNDERMINE „ I'-6" •9 EXISTING FOOTING w/NEW FOUNDATION 8 3y2 i I 1 12'-3" (3)2x4 POST 8"x16" FLOOD VENT. SEE SPECS, -r I I �� - " �; V- ila: - l�(n� REMOVE PORTION FOUNDATION WwLLII 0 FOR CLEAR ACCESS T — O NEW WO K Sf�Oi� u 17% I X EX I SE^�� ' `�- :fl AND EXISTING SLABS i0 _ _ — x - IN O F F t,.n - PROVIDE 18 x18 xl2 GONG. — — cV CABINETRY BY OWNER cv r_ r~ ,r,;5 . :,; un � J• i � FOOTING BELOW SLAB _ ry — — WEAE INSULATED O LE DOOR ^ fi PROVIDE 8" HIGH GO G. CURB ALONG 4" THK. POURED G NGRETE SLAB, r �' C A � r EDGE OF TERRACE, O ENSURE DRY YELLOW PINE BOX 5TRINGER I I ' s4 1 FRAMING CONDITION STAIR, w/HANDRAIL ONE SIDE % O REINFORCED w/bx W4.0 x W4.0. I I x PROVIDE SLAB INSULATION PER SPECS I r— — -I EXISTING SLAB ABOVE AND , 1 I L I 5UBGRAVE TO REMAIN I I I 8"x16" FLOOD VENT. PROJECT NO: I r I UP PROVIDE INSULATED DOOR I I I SEE 5 EG5. 17OHA - STAIR LANDING w/WD. FLOOR �o w/YT=ATHER5TRIP I I DRAWN BY: 1 �______ ___I__L_____ NO FOUNDATION TEP AT DOOR y _ (3)II--1/8" L L HEADER I TS :.;.�,,.. . ,...,�.r ..;,....:: • _.>. ,�::: , : _ I I CHECKED BY: --------------------------------------------------------------- -- --- FGP160610* DATE: ' - 4/29/21 = p - SCALE: 00 1214'2" 1/411 = 1' - 0,l ve ►fy SHEET TITLE: PLANS F" I rm% ofq% T FLOOR P' LAR 0 lam m "ft Affis ff 'M Ix N m Fuu mlim 10"VE PL A Elks ig r.f SCALE: 1/4" = T -0" SCALE: 1/4" = 1' -0" FINAL �, A RE9 ,t��,...� �, p,�, w �"`N e��A C,: i,.. _.. SHEET N0: FLOOD VENTS:, a '= J¢; ?�.:;v� / `]`157 PROVIDE FIVE (5) FEMA COMPLIANT FLOOD VENTS BY SMART VENT, MODEL #1540-520, Ib"x8", EACH .- • 5 SUFFICIENT TO DRAIN 200 50. FT. x 5= 1,0005F. TOTAL SIZE OF STRUCTURE 833 Sr. --- PERMIT BID SET EXISTING NEA AT EXISTING AND NEA ROOF, PROVIDE STANDING SEAM ROOFIN6 PANELS OVER APPROVED SUBSTRATE, WALL REO'D FLASHINGS W L.L. Ix4 PVC RAKE AND FASCIA BOARDS. PROVIDE Q OPEN SOFFIT P4/T46 DECKIN6 EXPOSED BELOW Lu O =_ - 1W24310 ( T- AT EXISTING GARAGE, REMOVE EXISTING SIDING AS W `9 REO'D, AND PROVIDE CEDAR SHINGLE FIN15H ON Z 4 BUILDING PAPER, WiNOVEN CORNERS p UPPER SUBFLR. - I UPPER SUBFLR. co AT NEW ADDITION, PROVIDE Ix(2 T46, V-6ROOVE I O CEDAR SIDING ON BUILDING PAPER ON g/8' PLYAD. SHEATHING AND WOOD FRAMING U) U) INTERIOR STAIR BEYOND W8 x FLOOD VENT. SEE SPECS. TU FINISH SLAB - 8"x16" FLOOD VENT. SEE SPECS. - _ FINISH SLAB STUCCO FOUNDATION WALL STUCCO FOUNDATION WALL Q MASONRY FOUNDATION BEYOND 1— I -- -------- ---- -------- -� --- -- - --- - - -- - - -- -- ---- I - -- -- - - -- - ------ -- ---- ---- - - -- - - -I z - ---- ---- - - -- -- - -- - --- - --- -- ---- -� Q U Lmj p ~ p ELEVAT-10" N— SCALE: 1/4" l' -O" SCALE: 1/4" l' -O" Q Q NEW EXISTING �S Z ,n n co Q• M c J �• Y I c � PROVIDE ALL REO'D FLASHING BETAEEN ROOF AND AALL5, W INCLUDING STEP FLASHING, FOR AATERTI6HT CONSTRUCTION _ = a z `u I LU- a N N LU- N 2 r � n Q F--• v / \\ co N. LINE OF DOOR BETWEEN 5TORAGE LOFT AND ATTIC OVER GARAGE,SHOWN BEYOND I I \ / I I \ UPPER SUBFLR. - - i - - -- -- -- -- po - - - - _ - I I \ - UPPER SUBFLR. �<OF Rc w Y �P O co PROVIDE EXTRA COURSE GONG. BLOCK FGP 11610* OVERHEAD GARAGE DOOR TO REMAIN 11 W24310 OR FLASHING AT CONNECTION BETWEEN TERRACE AND WOOD FRAMING PROJECT NO: V1708A FINISH SLAB - I - - 8"x16" FLOOD VENT. SEE SPECS. _ FINISH SLAB DRAWN BY: TS I CHECKED BY: - I MASONRY FOUNDATION BEYOND �1I Ili DATE: - -- - --- -- -- - -- - -- - -------- -- -- - ---- ---- ---- -- ---- -----� L - -- -- -- - - -- ---- -- -- -- -- - - - -1 SCALE: 4/29/21 —— 114" = 1' - 0" SHEET TITLE: %5uu n L 'VATIOIN SCALE: 1/4" = 1' -o" EAS& TELEVATIONS ft' N - SCALE: 1/4" V -0" FINAL, Rip 'P REV ' ; P �.. °` .�� SHEET NO: SE E PERMIT & BID SET REVISIONS NOW OR FORMERLY JACQUELINE M. FEDYNAK RAYMOND E. FEDYNAK FOOTPRINT ON ORIGINAL APPLICATION TO ZBA 1 11 151- 11 NOW OR FORMERLY PROPOSED STAIR 26 -O SITE D AO" TIAA MARGARET M. BERGAMINI TO UPPER LEVEL 50.00' SCTM # 1000-123-5-18 ROBERT J. BERGAMINI Uj 85 '00" E CHARLES CAIN �' 15PROPERTY: 3850 Camp Mineola Road MARY CAIN „ 50.00' — ——— N 85.10 0o E �-- Mattituck, NY 11952 I frame OWNER: Lou and Erin Nardolillo garage 420 Bray Avenue FTELI Laurel, NY 11948 - . # 0 AM& LLQ REMOVE EX I STING i & z THREE (5) SHEDS �> _ SITE: 12,701 sf = 0.29 ac AREA Jco I — A J �� --j ZONING: R-40 >- LU OUTLINE OF _ j 1 I I r—— I ' �, FLOOD: AE-6 EXISTING TERRACE ZONE —— � TO BE REMOVED I I I �' U) EX15 ING , n SURVEYOR: John Callacher, LS, LLC I II I NEYN STONE TE RIAAGE DRIVENA)" o I I 1 I - 54 Florence Drive W I — All GRADE I I L— — 1 m Manorville, NY 11949 to L—— — ) L 1 631 8740400 u o • / ► DATED: X V / I NOW OR FORMERLY DATUM NAVD 1988 j .�J I + EDNA BEIRNE / 10 — MICHAEL E. BEIRNE O 4.-7+ 51D I— YA% BTB CK 0 Z Ar In M A Iml,LOCAT I On"IV1 Ar o c, {o ybl Q ldST LiClON Ai3: • l4o y .yq a • `�P �Q S1 2 Z MA TTI CK SIDS YARD � rn ITE +5.� PdRa `� u) a 4.-7+ O M � r XI5TIN6 D ,tip' GREAT PECONIC BAY W W RI VEWA w 1%CP = a Z u W• v w Ur Q ,� W. N 2 r U r H 186�Z, a ~• U cn c/) EXISTING JNALKNA)' AT GRADE TO REMAIN EX 15T1 NG / OF NOW OR FORMERLY PARKING 5�` c C. � so, CHARLES F. CAIN AREA / �� g MARY E. CAIN FINAL I�i/"'1, �oµc►*�} Vcc o SCE DECISION rn �00" DATED . 10.00' O S P V-110 LOT COVERAGE TABLE PROJECT NO: 1708 ' P • O� SITE AREA TOTAL: 12,701 sf DRAWN BY: N� M` UT �nP STRUCTURES EXISTING PROPOSED PERCENTAGE CHECKED BY: PHOUSE: TS G 14,08 sf 1,408 sf 12.07% DATE: PORCHES: 460 sf 460 sf 3.62% 1/11/21 DECKS/STAIRS: 220 sf 2-75 sf 2.11% SCALE: SHEDS: 300 sf O sf O% 1" = 10' - 0" GARAGE: 365 sf 832 sf -1.05% SHEET TITLE: TOTAL: 2,722 sf 2'(1"75 sf 23.42% SITE PLA [qPLAN SCALE: 1" = 10' - 0" JAN 12 2021 SHEET NO: REGULATORY APPROVALS w C.) — — - - --- - - - -- - -- - - - - - - - - I n� W ( V tu STORAOM LOFT I O NON-HABITABLE 5PAGE - - - - - --- -- -- -- - VN N ' v/ uj o , V — — Q sk O - -- -- -- - - - - - - - - - - - - - - O v F- noO 0 � Q Q WEST ELEVATION- SCALE: 1/4" = 1' -0" SCALE: 1/4" = 1' -0" 26'-O" FOOTPRINT OF ORIGINAL APPLICATION TO 06 Z ZONING BOARD OF APPEAL5Co Q• M d J �. Y o � a O W J• W Z 3 — —— — — —————— ———— ———— — — — — — — — — — — — — - -� c ri 7,077 r., r • � X: r I I p-ED_j � I co c. I I -- ---- -- -- -- - - -- -- -- -- - I r I • I� I � I I � o I I I I I'�I E op NOR< HOF- - - - -r- - - - - - — I 5�P`Ns ^'F�p II &AR ,oM s� o I - - - - - - - - - co n PROJECT NO: 1708 I I I I I DRAWN BY: TS I I I I I CHECKED BY: SUUTH ELEVATION I DATE: SCALE: 1/4" = V -0" L UP SCALE: 1/11/21 FINAL MAP 1/4" = 1' - o„ I R S I" _ FLOOR` -VI V ED BY ZDV SHEET TITLE: SCALE: 1/4" = V -0" SEE DECISION DATED PLANS - -- ELEVATION! SHEET NO: REGULATORY APPROVALS KAM COUNTY OF SUFFOLK DEC 022020 ; 5- s- 1� OFFICE OF THE COUNTY EXECUTIVE Steven Bellone SUFFOLK COUNTY EXECUTIVE J�,l Natalie Wright Department of -- (oCommissioner Economic Development arid-Planning December 1, 2020 Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold,NY 11971-0959 Attn: Leslie Weisman Dear Ms. Weisman: Pursuant to the requirements of Sections A14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be-a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed,-as either-an approval or Applicant Municipal File Number -- Cavagnaro, George #7452 kb Akselrad, Ira #7456 j&- Nardolillo, Louis A. *7457 j,-- Very 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 ■ HAUPPAUGE,NY 11788-0099■ (631)853-6191 FORM NO. 3 RKE- TOWN OF SOUTHOLD OCT 18 L'020 f BUILDING DEPARTMENT - SOUTHOLD,N.Y. C:�' ape a;s NOTICE OF DISAPPROVAL DATE: July 28, 2020 RENEWED: October 19, 2020 AMENDED:November 12, 2020 TO: Tom Samuels (Nardolillo) 25235 Main Road Cutchogue,NY 11935 Please take notice that your application dated July 2, 2020: For permit to: construct additions and alterations to existing accesso garage at: Location of property: 3850 Camp Mineola Road, Mattituck,NY County Tax Map No. 1000 -Section 123 Block 5 Lot 18 Is returned herewith and disapproved on the following grounds: The proposed construction, on this nonconforming 12,701 square foot lot in the R-40 District, is not permitted pursuant to Article III Section 280-15,which states lots measuring 10,000-19,999 square feet in size require side and rear setbacks of 15 feet when the building is 21 feet in height. In addition, the proposed construction is not permitted pursuant to Article XXIII Section 280-124, which states lots measuring less than 20,000 square feet in total size require a maximum lot coverage at 20%. The accessory garage has a rear yard setback of 2' 1"and lot coverage of 24.41%. This Notice of Disapproval has been amended to reflect the revised site plan received on November 12, 2020. Authorized Signatu Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file, Z.B.A. RECEIVED FORM NO. 3 { OCT 18 2020 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: July 28, 2020 RENEWED: October 19, 2020 TO: Tom Samuels (Nardolillo) 25235 Main Road Cutchogue, NY 11935 Please take notice that your application dated July 2, 2020: For permit to: construct additions and alterations to existing accessory garage at: Location of property: 3850 Camp Mineola Road, Mattituck, NY County Tax Map No. 1000 - Section 123 Block 5 Lot 18 Is returned herewith and disapproved on the following grounds: The proposed construction, on this nonconforming 12,701 square foot lot in the R-40 District, is not permitted pursuant to Article III Section 280-15, which states lots measuring 10,000-19,999 square feet in size require side and rear setbacks of 15 feet when the building is 21 feet in height. In addition, the proposed construction is not permitted pursuant to Article XXIII Section 280-124, which states lots measuring less than 20,000 square feet in total size require a maximum lot coverage at 20%. The accessory garage has a rear yard setback of 2' 1" and lot coverage of 24.91% Authorized Sign 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. -1'4]A)0peals ZONING BOARD OF APPEALS AN TOWN OFSOUTHOLD---------------------------------------------------------X Zoning Board In the Matter of the Application of Louis and Erin Nardolillo #7457 For a variance from the requirements of Article III, Section 280-15 and Article XXIII, Section 280-124 of the Code of the Town of Southold ---------------------------------------------------------X MEMORANDUM OF LAW OF APPLICA.NITS, LOUIS NARDOLILLO AND ERIN NTARDOLILLO, IN SUPPORT OF THE RELIEF REQUESTED TWOMEY,LATHAM, SHEA, KELLEY, DUBIN& QUARTARARO, LLP Attorneys for Applicant By: Martin D. Finnegan, Esq. 56340 Main Road Southold,NY 11971 (631) 727-2180 Dated: January 7,2021 STATEMENT®F FACTS The Applicants, Louis and Erin Nardolillo (hereinafter referred to collectively as "Applicant") are seeking rear yard setback and lot coverage variances from the requirements of Town Code Sections 280-115 and 280-124 and the Building Inspector's Amended Notice of Disapproval dated November 12,2020 to construct an addition and alterations to an existing garage on their property located at 3850 Camp Mineola Road in Mattituck. The subject parcel is a substandard, 12,701 square foot parcel in the R-40 zoning district lying just north of the Peconic Bay. Photographs submitted confirm that the property is currently improved with four storage sheds which clutter the rear yard and are inadequate for the family's needs. The Applicant would like to remove those structures, consolidate the storage into the new structure, create an unfinished work shop space and a protected parking space for a vehicle. The proposed new construction will occur entirely within the pre-existing nonconforming 2.1 foot rear yard setback, where 15 feet is required with a building height of 21 feet under Town Code Section 280-15. In addition,the proposed construction will result in lot coverage of 24.41%, exceeding the allowable 20% lot coverage required under Town Code Section 280-124 for lots measuring between 10,000 -19,999 square feet in total size. For the following reasons, the Applicant submits that variances from Sections 280-115 and 280-124 are warranted. POINT I THE APPLICANT HAS MET THE TEST FOR THE GRANT OF Al l AREA VALIANCE SET FORTH IN TOWN LAS'§267-B Under §267-B, the Applicant must demonstrate compliance with the following standards to be eligible for the issuance of a variance: 2 (a) whether the grant of the variance will cause an undesirable change in the character of the neighborhood or will create a detriment to nearby properties; (b) whether the benefits sought by the applicant can be achieved by some method feasible for the applicant to pursue other than an area variance; (c) whether the requested area variance is substantial; (d) whether the grant of the variance will have an adverse effect or impact upon the physical or environmental conditions in the neighborhood or in the affected area of the Town; and (e) whether the difficulty causing the applicant to request an area variance was self-created which consideration shall be relevant to the determination of the Board but shall not necessarily preclude the grant of the variance. The Applicant submits that under the facts and circumstances presented here,the Applicant can clearly meet the standards set forth in Town Law §267-B and, as a result,the relief requested herein should be granted. 1. . The Grant Of The Variance Will Not Cause An Undesirable Change In The Character Of The Neighborhood Or Create Detriment To Nearby Properties. This Camp Mineola Road neighborhood is characterized by similarly sized one and two story dwellings with accessory structures, many of which are constructed on substandard lots prior to the implementation of the current setback regulations. This Board is undoubtedly familiar with this subdivision as setback and/or lot coverage variances have been granted to neighboring property owners in the past(See,ZBA File Nos.: 5841 (Long), 6241(Bergamini), 6486 (Beirne) and 7296 (Topper)), based upon findings that the proposed construction would not have an undesirable impact on the character of the neighborhood. In fact,the adjacent neighbor (Beirne)was granted relief for a similarly situated garage on a smaller parcel. The proposed addition to the garage will be a benefit to the neighborhood because it will consolidate storage on the property into a single structure compared to the four sheds that are scattered throughout the property currently. This fact has been verified by the overwhelming support from neighbors { Levy, Auteri,Perry and Mazur for this application. 2. The Benefits Sought To Be Achieved By Applicant Cannot Be Feasibly Achieved By Some Method Other Than The Requested Area Variance. The property and the setbacks of the existing garage have been nonconforming for many years because the garage was built prior to the enactment of zoning and the implementation of the current bulk schedule requirements. The renovated garage and addition will provide needed storage,workshop space and a protected parking space for a car. 3. The Area Variance Sought Is Not Substantial. While the setback variance (86%),would seem substantial for new construction, it is not in this instance since addition and renovation of the garage will adhere to the current setbacks and result in one rather than 5 accessory structures that is of a size and in a location that is similar to many other properties in the surrounding neighborhood, including the property next door. Likewise,the Applicant submits that the variance for 24.41% lot coverage where 20% is the maximum is not substantial. It represents a net increase of 378 square feet(2.97%) from existing lot coverage because the applicant also proposes to eliminate 300 square feet of existing sheds. 4. The Grant of the Variance Will Not Have An Adverse Impact On The Physical or Environmental Conditions In The Neighborhood Or District. As stated previously, the pre-existing nonconforming setbacks were established years ago when the garage was constructed. The side and rear setbacks of the garage on the subject premises are nearly the same as the garage located on 55 Fay Court,which received similar variances in 2011. Accessory structures with similarly nonconforming setbacks are common in 4 the neighborhood. The granting of relief will have the added benefit of allowing the Applicant to remove the multiple accessory sheds from the property and consolidate storage in one structure. Finally,there is no perceivable environmental impact from the proposed construction. 5. The Self-Created Nature Of The Alleged Difficulty Should Not Preclude The Granting Of Area Variance Relief. The apparent difficulty here is the inability to construct the proposed garage addition, that is entirely in character with others in the surrounding community, within the current setback and lot coverage limitations. The slight increase in lot coverage stemming from the addition will be imperceivable while the removal of the existing accessory structures will have an undeniably positive impact. CONCLUSION For the reasons set forth herein, it is respectfully submitted that the standards of Town Law Section 267-B have been met and, as such, relief from the requirements set forth in Southold Town Code Sections 280-15 and 280-124 is warranted. Dated: Southold,New York January 7,2021 Respectfully Submitted, TWOMEY, LATHAM, SHEA,KELLEY, DUB N-&-Q7! -TARARO, LLP Attorneys f App)icant By: .n innegan, Esq. 56340 Main Road Southold,NY 11971 T: (631) 727-2180 F: (631) 574-1258 5 Fee:$ Filed By: Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE OCT fl 9Q20 House No._ 31350 Street camp Mineola Road Hamlet Mattituck K SCTM 1000 Section 123 Block 5 Lot(s) 18 Lot Size 12.701 sa.ft Zone R40 - ---' I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED_ Juin 2a,2020 BASED ON SURVEY/SITE PLAN DATED 6/24/2020 Owner(s):Louis A.Nardolillo and Erin A.Nardolillo Mailing Address:3850 Camp Mineola Road, Mattituck, NY 11952 Telephone:631-727-8062 Fax:NIA Email:LouJr@cab[netsplusny.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:Martin D.Finnegan for(x) Owner( )Other: Address:Twomey,Latham,Shea,Kelley,Dubin&Quartararo,LLP,33 West 2nd St,P.O.Box 9398,Riverhead,NY 11901 Telephone:631-727-2180 Fax: 631-574-1258 Email: 1 mfinnegan@suffolkiaw.com Please check to speco who you wish correspondence to be mailed to,from the above names: ( )Applicant/Owner(s), (x)Authorized Representative, ( )Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 6/24/2020 and DENIED AN APPLICATION DATED 7/2/2020 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: Section: Subsection: 1. Article III Section 280-15: setbacks f9genomation and addition to existing garage. 2. Article XXIII Section 280-124: lot coverage for renovation and addition to exisiting garage. Type of Appeal. An Appeal is made for: (X)A Variance to the Zoning Code or Zoning Map. ( )A Variance dge 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, 00 has not been made at any time with respect to this property,UNDER Appeal No(s). Year(s). .(Please be sure to research before completing this question or call our office for assistance) Name of Owner: ZBA File# REASONS FOR APPEAL(Please be specific,additional sheets may be used with prep jjjarer's 0 C T 18 'j-20 signature notarized): l 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detri6enfto nearby properties if granted,because: y see attachment 2.The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, q other than an area variance,because: see attachment 3.The amount of relief requested is not substantial because: see attachment 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: see attachment 5.Has the alleged difficulty been self-created? K}Yes,or{}No Why: Are there any Covenants or Restrictions concerning this land? N No { }Yes(please furnish a copy) This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety and welfare of the communi Signature of Appoodor Authorized Agent (Agent must submit ntten Authorization from Owner) Swam to before me this 1 day of A)0VQMb'er .20 0 otary Public fim/1 St? Z(�,er tvD. 0150, b 101 avaloediA sufAllCvuhltil M y Commdss�vn e,�p��rs oqf as�ao�� L RECEIVED 7 7 ATTACHMENT TO AREA VARIANCE APPLICATION, OCT � � 2020 LOUIS AND ERIN NARDOLILLO REASONS FOR APPEAL: ®n�n9 Board Of,yppeals The Applicant is appealing the Building Inspector's Notice of Disapproval, dated July 28, 2020, concerning an application for a building permit to construct an addition and alterations to an existing garage,which new construction will constitute an Increase in the degree of the nonconforming rear and side yard setbacks at less than 15 feet, less than 30 feet on the combined side yards with lot coverage exceeding the allowable 20%required under Town Code Section 280-124 for lots measuring between 10,000-19,999 square feet in total size with a building height of 21 feet. For the following reasons, the Applicant submits that a Variance from Section 280-124 and Section 280-15 Is warranted. 1. An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The surrounding neighborhood is characterized by similar sized one-and two-story dwellings and their associated accessory structures, all of which have been constructed on substandard lots. Many of the properties along Camp Mineola Road and Fay Court have received similar variances such as the ones the applicant seeks here. In fact, the neighboring property to the east received rear, side yard, and lot coverage variances in 2011 for renovations for a similarly situated garage. see#6486 Application of Beirne). The proposed addition to the garage will be a benefit to the neighborhood because it will consolidate storage on the property into a single structure compared to the four sheds that are scattered throughout the property currently. 2. The benefit sought by the Applicant CANNOT be achieved by some feasible method for the applicant to pursue other than an area variance, because: The property and the setbacks of the existing garage have been nonconforming for many years because the garage was built prior to the enactment of zoning and the Implementation of the current bulk schedule requirements. The renovated garage and addition will provide storage,workshop space and a protected parking space for a car. 3. The amount of requested relief is not substantial because: While variances for the side yard (86%), combined side yard (57%)would seem substantial for new construction, they are not in this instance since the addition to the existing garage will result in an accessory structure in size and location that is similar to many other properties in the surrounding neighborhood. The addition and renovation of the garage will result in the same setbacks as currently exist—as such there is no increase to the preexisting non-conformity.The variance for 24.41% lot coverage where 20%is the maximum is not substantial. It represents an overall increase of 378(2.97%)sq feet from existing lot coverage because the applicant also proposes to eliminate 209 square feet of existing sheds. 4. The variance will NOT have an adverse impact on the physical or environmental conditions in the neighborhood or district because: As stated previously, the pre-existing nonconforming setbacks were established years ago when the garage was constructed. The side and rear setbacks of the garage on the subject premises are nearly the same as the garage located on 55 Fay Court,which received similar variances in 2011. There are also numerous other accessory structures with similar setbacks in the neighborhood. Finally, there is no perceivable environmental impact from the proposed construction. APPLICANT'S PROJECT DESCRIPTION RECEIVED ` q S-7 APPLICANT: Louis A.Nardoliflo and Erin A.Nardolillo DATE PREP' D: t7��bTr �z7OZO 1.For Demolition of Existing Building Areas Zoning Board Of Appeals Please describe areas being removed: The shed adiacent to the existing garage will be removed, and the three sheds located on the western portion of the property will also be removed. II.New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: 532 sq. ft. Dimensions of new second floor: 532 sq. ft. Dimensions of floor above second level: 28'x19' Height(from finished ground to top of ridge):21' Is basement or lowest floor area being constructed?If yes,please provide height(above ground) measured from natural existing grade to first floor: III.Proposed Construction Description(Alterations or Structural Changes) (Attach extra sheet if necessary).Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Existing frame garage consists of a single story. Number of Floors and Changes WITH Alterations: Applicant proposes an a two story addition on the western side of the existing garage. IV.Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: 2722 sq. . Proposed increase of building coverage: 532 Square footage of your lot: 12,701 sq. ft. Percentage of coverage of your lot by building area: 24.4% V.Purpose of New Construction: The applicant wishes to consolidate storage which is currently scattered throughout the property in four different sheds. The proposed addition to the garage will provide a storage space on the second floor and a workshop on the first floor. The Applicant will remove 4 sheds totaling 209 square feet of existing sheds from the property, 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): Relatively flat. The land contours do not contribute to the difficulty in meeting the code requirements. Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction,and photos of building area to be altered with yard view. 4/2012 QUESTIONNAIRE CED FOR FILING WITH YOUR ZBA APPLICATIOLE ;P; A. Is the subject premises listed on the real estate market for sale? ®CT 18 2020 Yes X No �®Hing Board Of appeals B. Are there any proposals to change or alter land contours? X No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? No 2.)Are those areas shown on the survey submitted with this application? No 3.)Is the property bulk headed between the wetlands area and the upland building area? No 4.)If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction? NSA 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? No If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to 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?No If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel Residential-existing single famility and the proposed use same with addition to garage . (ex:existing single family,proposed: same with garage,pool or other) Authorized si 6 ature and Date RECEIVED L4�'-7 OCT 18 2020 Zoning Board Of Appeals SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Recorded: 05/10/2017 Number of Pages: 4 At: 02:13:38 PM Receipt Number : 17-0079542 TRANSFER TAX NUMBER: 16-30333 LIBER: D00012912 PAGE: 053 District: Section: Block: Lot: 1000 123.00 05 .00 018.000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $765,000.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $20.00 NO Handling $20.00 NO COx $5.00 NO NYS SRCHG $15.00 NO EA-CTY $5.00 NO EA-STATE $125.00 NO TP-584 $5.00 NO Notation $0.00 NO Cert.Copies $0.00 NO RPT $200.00 NO Transfer tax $0.00 NO Comm.Pres $12,300.00 NO Fees Paid $12,695.00 TRANSFER TAX NUMBER: 16-30333 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County F Ta CZonin RECORDEDNumber of pages 2017 May 10 02:13:338 P3UDITH R. PASCALECLERK. OF This documen#will be public SULFOLK D00012412V record. P{ease remove all P 053 Social Security Numbers DT# 16-30333 prior to recording. Deed/Mortgage Instrument Deed 1 Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Filing Fee — 1�0 , Mortgage Amt 1. Basic Tax Handling 00 2. Additional Tax TP-584 — Sub Total Notation — r7n Spec,/Assit. or EA-52 17(County) Sub Total Spec./Add. EA-5217(State) r TOT MTG.TAX 7� � Dual Town Dual ounty R•P.T•S.A. G(JD_ Held for Appom ent Comm of Ed. S. 00 raiisfer Tax • + Mansion Tax Affidavit �S`' The property covered by this mortgage is Certified Copy or will be improved by a one or two .NYS Surcharge 1S. 00 (� family dwelling only Sub Total YES or NO Other Grand Total- 3q6 If NO,see appropriate tax clause on page# of this instrument. 021-53 4 Dist. 3.000 5 Community Preservation Fund 17013666 l000 12300 0500 oiaooa � Real Propel m consideration Amount$ 9SCY" Tax Service R©TMS i��411 ``u I Agency 'q !! 1111t�{Aal CPF Tax Due $ 107, 300 Verification 25 APR-17 _ _ ----' prove _� d t G Satisfaciions/Discharges/Releases List Property Owners Mailing Address RECORD&RETURN TO: Vacant Land Martin D. 'Finnegan, Esq. TD /O Twomey, Latham, Shea, Kelley,, Dubin & Quartararo, LLP TD P. 0. Box 9398 TD Riverhead, NY 11901 Mail to:Judith A.Pascale, Suffolk County Clerk 7 Title Coml2any Information 310 Center Drive, Riverhead, NY 11901 Co.Name Fidelity National Title www.suffolkcountyny.gov/clerk Title# 103584-SUFF 8 Suffolk County Recording & Endorsement Page This page forms part of the attached DEED made by: (SPECIFY TYPE OF INSTRUMENT) NORMAN WAMBACK The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the TOWN of SOUTHOLD LOUIS A. NARDOLILLO and ERIN A. NARDOLTLLO In the VILLAGE MATTITUCK - or HAMLET of BOXES 6 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'[Zoning ECEIVED ACTS(INDIVIDUAL OR CORPORATION) 4 DSTANDARD N"TU FORM 8007 18 2020 CAUTION:THIS AGREEMENTSHOULD BE PREPARED BY AN ATTORNEY AND REVIEWED BY ATTORNEYS FOR SELLER AN PURCHASER BEFORE SIGNING. THIS INDENTURE,made the _3qday of Ap,-; ( 2017 and Of Appelg between NORMAN WAMBACK residing at 3850 Camp Mineola Rd.,Mattituck,NY 11952 1 party of the first part,and LOUIS A.NARDOLILLO and ERIN A.NARDOLILLO,husband and wife, residing at 420 Bray Ave.,Laurel,NY 11948 party of the second part, WITNESSETH,that the party of the first part,in consideration of Ten Dollars and other lawful consideration,lawful money of the United States,paid by the party of the second part,does hereby grant and release unto the party of the second part,the heirs or successors and assigns of the party of the second part forever, ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected, situate,lying and being at Mattituck,Town of Southold,County of Suffolk and State of New York. SEE SCHEDULE`A'ATTACHED HERETO AND MADE A PART HEREOF Being and intended to be the same premises as described in deed made by Elizabeth Wamback,surviving tenant by the entirety of Theodore C.Wamback,recorded 10/19/2001,Liber 12148 Page 208. TOGETHER with all right,title and interest,if any,of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part,the heirs or successors and assigns of the party of the second part forever. AND the party of the first part,covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever,except as aforesaid. AND the party of the first part,in compliance with.Section 13 of the Lien Law,covenants that the party of the first part will receivethe consideration for this conveyance and will hold the right to receive such consideration as a trust-fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word"party"shall be construed as if it read"parties"whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. 4�&W q4, W af�4 NORMAN WAMBACK NYSBA Residential Real Estate Forms on HotDocse(9/00) Copyright Capsoe Development - Fidelity National Title Insurance Company RECEIVE 1 � TITLE NO.F16-7404-103584-SUFF � SCHEDULE A-1 (Description) OCT Amended 02/06/2017 LZOn6jlng Board Of tWeel5 ALL that certain plot,piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk, State of New York described and bounded as follows: BEGINNING at a point on the northerly side of Camp Mineola Road distant 186,52 feet westerly from the corner formed by the intersection of the northerly side of Camp Mineola Road with the westerly side of Camp Mineola Road and said. beginning point being the southwesterly corner of land now or formerly of Edna Beirne and Michael E. Beirne; RUNNING THENCE along'the northerly side of Camp Mineola Road South 70 degrees 00 minutes 00 seconds West, 103.62 feet to land now or formerly of Charles F.Cain and Mary E.Cain; THENCE along land now or formerly of Charles F. Cain and Mary E.Cain North 4 degrees 49 minutes 00 seconds West, 140.66 feet to land now or formerly of Jacqueline M. Fedynak and Raymond E. Fedynak; THENCE along land now or formerly of Jacqueline M. Fedynak and Raymond E. Fedynak the following two courses and distances: 1)North 85 degrees 10 minutes 00 seconds East, 50.00 feet; 2) North 85 degrees 15 minutes 00 seconds East, 50.00 feet to land now or formerly of Edna Beirne and Michael E. Beirne; THENCE along land now or formerly of Edna Beirne and Michael E. Beirne South 4 degrees 45 minutes 00 seconds East, 113.55 feet to the northerly side of Camp Mineola Road and the point or place of BEGINNING. t THE POLICY TO BE ISSUED under this commitment will insure the title to such buildings and improvements on the premises which by law constitute real property. FOR CONVEYANCING ONLY. Together with all the right,title and interest of the parry of thefirst part,of in and to the land lying in the street in front of and adjoining said premises. SCHEDULEA-1(Description) Rev.(03104) RECEIVE® ��5� STATE OF NEW YORK ) O C T a a �a 0 COUNTY OF SUFFOLK ) On the ,3"1l'day of fpr-"( ,in the year 2017,before me,the undersigned personally appeared Zoning Board Of Appeals Norman Wamback,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity,that by his signature on the instrument,the individual,or the person upon behalf of which the individual acted,executed the instrument. NOTARY PU LrI RO e.-,,- ROBERTDEFRESE Notary Puhho State of New Yerk No.01DES036117,Suffolk County Commission Etcpiies Octobar 24.2016 DEED T1t a No. Section 123.00 Block 05.00 WAMBACK Lot 018.000 County or Town SUFFOLK To NARDOLILLO Return By Mail To; Martin D.Finnegan,Esq. Twomey, Latham, Shea, Kelley, Dubin & Quartararo,LLP P.O.Box 9398 Riverhead,NY 11901 Reserve This Space For Use Of Recording Office NYSBA Residential Real Fanta Forms on HotDocs'n(9/00) Copynght CapsoBL Development -2- INSTRUCT,:• _,R6Y17-PF-IN x)^,www.etiosA ri us FOR OtrJldiY USE ONLY Nwv71ork$lata DopwUr,9 tt o1 Taxation and Finance RECEIVE® ft made ft"ft"Faso I eb—116 i 17 ! Off=Of Real ft"ty Tax servCces �� •y (� �" "�" RP-5217-PDF C3.Book I CC Pap 11111411111 PMPRVTranafaeRapeetPRO) OCT 10 2020 PR0:P1J IfFORMAIIIJ f•PMP IV3850 Camp Mineola'ltd. Z011in9 Board Of Appeals Lou$M •mreernrnwro _;3ixcrxare Southold _ Mattituck 11952 •arrcRmnr. vriutl •arcane tL� Nardoli.11o - Louts A. rAerraauearoAna ,wraArs Nardolillo Erin A. LTaa Indicate where MUNI Ter Bea an t0 be baa �� titewthsntruyeraddraretbaNaod • Aom •Aer xxe tcorsa.Aw w,We. � erRYTr Ra�RAIOaNa Q,raR TCarr erM6 rmrmL •.Inalloabs bib awaberclAaaamerceft1 ed Par�FF �PiRda Portal to*R Pot ofa Parcel)Cheek is VW apply: Rdliw�tnrat�oatladsee AA.Pland,rA�rdeiifrSAWnrhy6kfa /.Road X OR 0.22 96.titlNBWdonApprovtl+vasRa�rindtorTrarasrr ❑ Property •raomrtct -ary.1 •AtWX bks AC.Per&dApp,+orad?WSrtldvWarvd AhWPnW*d ❑ Wamback Norman 0.adbr -ua,Nrnxx)w%W - NWW PahTMrb ,Aa,RAWUVQ fAM __'• StuTAA{F 7.tkrNd4raderaipRerr aohlatr morisacrosl�)y dasw�es bra CMak the Boras trerereastttey appy: tW of ft property Eton tw0f eek: L On natfip Typo Is Ca vlorneemn ❑ A.One rarnily Residential L New Construction an a Vaeam tad ❑ 90A.Property LamMdeeNn onAmradiurg txgrrd ❑ 906.Bora remheda dtadoeun Maim ine�3rpthtl the prapany ietn m AOrlaetrd lxatrle! ❑ ld 1LCoaekarrmmoraafthaaeamrdatons� to A.Bala iielaraerr Raalfref ar Fdmer Rslodvea f9.aftcarAradota 12/22/2016 aSrebahownRNOWCompeaaadPaboneInitrrnrates / C Oaedd»BuyeralsaLnoaam0er •92.Was ot9twterrranefar il1-3//7 D.Rumor 8tlkrie Oavernmr Agwry orLarfirp hratisan E.Daae Type ret a Berpsinarm Ser/Btad4 Beton! 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LOdwUnuaalFar�rsAladeryads Pam(Spea7yMen) ka The payrterd may be InYrettlm d ntl,,tlhrpmpaly�pIa009.artlgamurrgeon d rM74Qapaeddh�aNg�Oni)FYeee raMdnthBawreFf vlrpdw dO�rMraNIL ]_NaM1d CaAwwtlla!m CmaSlae, , fltrgdaaaatlM wataa dpersora9 property kttlr”in rte ads, .04 ASSESSMENT INFORMATION-li should reflect the,ll Ill Aasaoammd Raft aad Tar IS 1LVorayAssmrumr4a beenwhich kSamrgoaawwWv) 16 117.ToudAgnvmdvahm 51500 ML Peal Cities 210 - — 17LaehoMDlsbl NUM Mattituck-Cutehogue -&Tax t�)aerdMaAraea Idm,tlWwc®)aerer,+tm,t5o.a�en.a.aeede,addit�Nadw�r(e» - 1000-123.00-Q5.00-O1B.OQ0 CEIMFICATM IOwtliyttat�afrhokawaare affiendmddollemNbaaandaamdtmthabestofnykfmWodpwandbend)andIwdantandhugea sualft of am,wmm HLLERAMtdsasemarRa„9 dnuawtelfaet Mretn aagstmata tM trr .cftps OeBiGl4xrWgkre raphe ntldnB erd 1Uhra draw Inebrasmnb. TURF, .TIM Iscarkderutnnas arouse,MW a buyer bLLaeaarhtswomon anvauzLim snm mop".aims (70444 ntnneurOtl4ataaduwnyewrarureerdmnott.mmemdani Rpmatila pry,Aren anam waw.,apadonevMfraun es Maws TrpaapaaAaNw) CLER aaawnum CAW — �ONATi Nardo_illo Erin A. us xArri FM w (631) 727-2180 •ARFAbmN -Mb%%a`MAU1 HFA MINN � ewe 4 srv4L.nve. �,O. 2. 7-9- •aiA�rrutmn •smFRe,ewy Laurel NY 11948 tmtln,aw •erAre •roarer. Finnegan, Esq. Martin D. rAar vAse mess Maes (631) 727-2180 Jill A,�pinsat ,rlsnFsrteraaeRpy Town of Southold 3/16/2017 53095 Main Rd Southold,New York 11971 RECEIVED OCT 2020 PRE EXISTING Zoning Board Of Appeals CER TIFECATE OF OCCUPANCY No: 38859 DAte: 3/16/2017 THIS CERTIFIES that the structure(s)located at: 3850 Camp Mineola RdMattituck SCTM#: 473889 Sec/Block/Lot: 123.-5-18 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 2r 38859 dated 3/16/2017 was,issued and conforms to all the requriements of the applicable provisions of the law. The occupancy for which this certificate is issued is: one family dwelling;wilh concrete and blucstonc patio and accessory wood 1'iame gyrat:c.* Note: 13P 29462 alterations/additions, includin li-ow and rear covered�orclics C'OZ-38859 The certificate is issued to Wamback,Norman (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. PLUMBERS CERTIFICATION DATED *PLEASE SEE ATTACHED INSPECTION REPORT. � �� t I orizcd Signature BUILDING DEPARTMENT RE EIVED TOWN OF SOUTHOLD +�.7 HOUSING CODE INSPECTION REPORT OCT 2020 LOCATION: 3850 Camp Mineola Rd,Mattituck ZOOII1g l3�ard Of Appeals SUFF.CO.TAX MAP NO.: 123:5-18 SUBDIVISION: NAME OF OWNER(S): Wamback,Norman OCCUPANCY: ADMITTED BY: --- SOURCE OF REQUEST: Wamback,Norman DATE: 3/16/2017 DWELLING: #STORIES: 1.5 #EXITS: 5 FOUNDATION: - poured concrete/block CELLAR: partial CRAWL SPACE: partial BATHROOM(S): I TOILET ROOM(S): - 1 - UTILITY ROOM(S): PORCH TYPE: - DECK TYPE: -- PATIO TYPE: concrete/bluestone - BREEZEWAY: --- - - - - - FIREPLACE: I-- GARAGE: --- -- - - DOMESTIC HOTWATER:_ yes TYPE HEATER: indirect AIR CONDITIONING: TYPE HEAT: --- oil WARM AIR: _ HOT WATER: cast iron radiators --------- ------ ---------- ----- - --- ----------------------- #BEDROOMS: 4 #KITCHENS: I BASEMENT TYPE: unfinished-- OTHER: ---- -- -^- - - --- - - ---- ----- - -- - ACCESSORY STRUCTURES: GARAGE,TYPE OF CONST: wood frame STORAGE,TYPE OF CONST: SWIMMING POOL: - GUEST,TYPE OF CONST: OTHER: VIOLATIONS: Violation: 8 x 10 accessory shed does not require a Building Permit or a Certificate of Occupancy but needs a minimum setback of 5'from the lot line in the rear yard. REMARKS: INSPECTED BY: JOHNJ DATE OF INSPECTION: 12/21/2016 TIME START: 9:20am END: 10:25am Town of Southold 3/16/2017 P.O.Box 1179 53095 Main Rd " , Southold,New York 11971 RECEIVED CERTIFICATE OF OCCUPANCY honing Board Of Appeals No: 38859 Date: 3/16/2017 THIS CERTIFIES that the building ADDITION/ALTERATION Location of Property: 3850 Camp Mineola Road,Mattituck SCTM#: 473889 Sec/Block/Lot: 123.-5-18 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 4/10/2003 pursuant to which Building Permit No. 29462 -dated 6/6/2003 was issued,and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is: alterations and additions. including kont and rear covercd porches to an existiuib one family dwelling as a mplicd Ior. The certificate is'issued to Norman Wamback of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFIICATE NO. _ 29462 � 3/9/2017 _. PLUMBERS CERTIFICATION DATED _ _ -A h r'aed Signature � � RECEIV!2'020 AGRICULTURAL DATA STATEMENT OCT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD fl Zoning AWard Of A, 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 239m and 239n of the General Municipal Law. 1. Name of Applicant: Louis A. Nardolillo and Erin A. Nardolillo 2. Address of Applicant: 3850 Camp Mineola Road,Mattituck,NY 11952 3. Name of Land Owner(if other than Applicant): 4. Address of Land Owner: 5. Description of Proposed Project:Proposed 2 story addition to existing single story frame garage. 6. Location of Property: (road and Tax map number) 3850 Camp Mineola, Mattituck (SCMT#1000-123-4-18) 7. Is the parcel within 500 feet of a farm operation? { } Yes {x} No 8. Is this parcel actively farmed? { ) Yes M No 9. Name and addresses of any owner(s)of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff,it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office(765-1937)or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. 2. 3. 4. 5. 6. (Ple- 7se the 's page if there are additional property owners) // l /l aoav Signature of App!! t 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. DZoning 617.20Appendix BShort EnvironmentalAssessment FormInstructions for Comnletins Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information Name of Action or Project: Addition to existing garage Project Location(describe, and attach a location map): 3850 Camp Mineola Road, Mattituck Brief Description of Proposed Action: Applicants propose an addition to the existing single story frame garage. The two-story addition will be located on the western side of the existing garage and will have a foot print of 532 square feet. Applicant proposes to remove 209 sq. ft. of existing sheds on the property. Name of Applicant or Sponsor: Telephone: 631-727-8062 Louis A. Nardolillo and Erin A. Nardolillo E-Mail: LouJr@cabinetsplusny.com Address: 3850 Camp Mineola Road City/PO: State: Zip Code: Mattituck NY 11952 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that X may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: Town of Southold Zoning Board of Appeals: Area Variance & Building Dept: Building Permit X 3.a.Total acreage of the site of the proposed action? 0.29 acres b.Total acreage to be physically disturbed? 001 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 029 acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑ Commercial X Residential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑Parkland Page 1 of 4 5. Is the proposed action, VEDNO YES N/A a.A permitted use under the zoning regulations? L��I X b.Consistent with the adopted comprehensive plan? ®Cr 18 2020 X 6. Is the proposed action consistent with the predominant ch aft8ft e existing built or n tural NO YES landscape? g ward OFgppeals 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? X c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? X 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: ' X 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: X 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: X 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? X 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? X If Yes,identify the wetland or waterbody and'extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑ Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional ❑ Wetland ❑Urban M 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 X 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? ❑NO ❑YES X b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO ❑YES Page 2 of 4 18.Does the proposed action include c ruction or other activities that re It in the i ent o NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? �, r �y X If Yes,explain purpose and size: "( 19.Has the site of the proposed action or an adjoining property been the to '�iRFQSQadd!2LA!!cdJsi NO YES solid waste management facility? X 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? X If Yes,describe: I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE ., A licant/s onsor n e. PIN /I PP P Date: 111111z-00, 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 e impact impact may may occur occur 1. Will the proposed action create aVmaterial conflict with an adopted,land useplanor zoning regulations? X 2. Will the proposed action result in a change in the use or intensity of use of land? X 3. Will the proposed action impair the character or quality of the existing community? X 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? X 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? X 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? X 7. Will the proposed action impact existing: X 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? X 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? X Page 3 of 4 - No,or Moderate ills small to large OCT 2�� impact impact may may occur occur 10. Will the proposed action result in an increase in the potenligffipVcpRVql2kIKinage problems? X 11. Will the proposed action create a hazard to environmental resources or human health? X 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 Board of Zoning Aaoeals Aoolication AUTHORIZATION LM (Where the Applicant is not the Owner) Louis A. Nardolillo and Erin A. Nardolillo I, residing at 3850 Camp Mineola Road, Mattituck,NY 11952 (Print property owner's name) (Mailing Address) do hereby authorize Martin D. Finnegan, Esq. of Twomey, Latham, (Agent) Shea, Kelley, Dubin &Quartararo to apply for variance(s)on my behalf from the Southold Zoning Board of Appeals. i (Owner's Sig tune) (Owner's Signature) (,Print Owner's Name) (Print Owner's Name) AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part 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 some, YOUR NAME: Martin D.Finnegan (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION:(Check all that apply) =ftardOf Tax grievance Building PermitVariance XTrustee PermitChange of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest" means a business,Including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO If 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 thiseM t 20 Signature Print Name APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the oart 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 some. YOUR NAME: Louis A.Nardolillo (Last name,first name,middle Initial,unless you are applying in the name of someone else or other a 113oard company.If so,indicate the other person's or company's name.) DTYPE OF APPLICATION:(Check all that apply) ��Tax grievance Building Permit 020Variance x Trustee Permit Change of Zone Coastal Erosion �oriiAApproval of Plat Mooringppeals Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest" means a business,Including a partnership,In which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X— If you answered"YES",complete the balance of this form and date and sign where indicated. Text 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 ® y of p&Z 20_,&) SignatureIF LL Print Name f "11�!O � 1 APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics Prohibits conflicts of interest on the part 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 some. YOUR NAME: Erin A. Nardolillo (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) , TYPE OF APPLICATION:(Check all that apply) !any E® Tax grievance Building Permit Variance X Trustee Permit '� � Change of Zone Coastal Erosion ®CT Approval of Plat Mooring Other(activity) Planning Zoning BOf App�ib Do you personally(or through your company,spouse,sibling,parent,or child)have a rely o icer 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 _e 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/agentfrepresentative)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 N ONA�I',20_ Signature JA/l a Print Name a V40 1 61 V Town of Southold QZoning LWRP CONSISTENCY ASSESSMENT FO A. INSTRUCTIONS Peals1. All applicants for permits* including Town of Southold agencihis 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# 1000 -123 -5 - 18 The Application has been submitted to (check appropriate response): X Zoning Board of Appeals Town Board © Planning Dept. 0 Building Dept. © Board of Trustees 0 " 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital 0 construction,planning activity, agency regulation,land transaction) (b) Financial assistance(e.g. grant,loan, subsidy) (c) Permit,approval, license, certification: Nature and extent of action: Applicants propose an addition to the existing single story frame garage. The two-story addition will be located on the western side of the existing garage and will have a foot print of 532,square feet. Applicant proposes to remove 209 sq.ft.of existing sheds on the property. REC Location of action:3850 Camp Mineola Road, Mattituck Ali Site acreage:0.29 OCT Present land use:Single Family Residence ��ng 80ard O eats Present zoning classification:R-40 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant:Louis A. Nardolillo and Erin A. Nardolillo (b) Mailing address:3850 Camp Mineola Road, Mattituck, NY 11952 (c) Telephone number: Area Code ( )631-727-8062 (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. ❑Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No ® 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 0 Yes [] No ® Not Applicable RECENED Zoning Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria Yes 0 No ® 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 11 Yes 0 No ®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 i RECEIVED 00 Attach additional sheets if necessary Zoning hoard Of Appeals Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. ❑ Yes ❑ No® 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 ❑ No V 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. ❑ YeEl No® 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 ❑ No V Not Applicable MCEIVED 0 Attach additional sheets if necessary 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 �Z 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® 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 ® Not Applicable Created on 512510511:20 AM RECEIVED 185-7 O rT 18 2.020 r„�;,� :,.�;��• Zoning Boa .(y t i ' c � h _ .�; �f.Ali•-�. 4 � �r. 1 'ti's•• ... .� - rte► lk ;el 4 �. � � ♦ •t �['� iii - .� ��-. -.t' 4t a kV_ r rt = Ski:¢_ �. •T•1• ��1•11� // a. w T, u Y r � , �•. �r 4. w Nor Tor CD � - L - t rn r �Y Q { �� Aa a �. O w r1p v RECEIVED Lf Sl OCT 19 2020 Zoni�9 hoard Of A Ppeals r 14 � Y l + ^ X � t' 11 ' .'_-. t1.,''.r•' 1+`�""*>. _ ,y � " 'rte_ f - - h - REQ `7 OCT 1 81n Zoning Board Of appeals 1 ,4ii ti y�1 f ' lo� y MvFo OCT �8 S-3 2020 . . zon►n9 Beard Of,gpAeals y - r •,�-Y k 11 k +• �� ► t '4 lie lu {• k k F �' _'S y � ,•dee f ' �' �'. �•..� } '' khR �� _.�' 11 kq�f It 4.-.,y "f� { ''�.�, +�� RECEIVED Zoning Board Of Appeals c f� r.mes jo 1p�Q 11 i t .ter, r •�t l �i of lie A y Y r RECEIVED OCT 18 2020 Zoning Board Of Appeals due 1 ...-i OCT: 1 RECEIVED 7 02 Zonin. c.. . Of A. e k _y ru4� T� i Hm mom .....� q,4. f "� '�! 62�� .k; "•A I■.■�■■■.■■■■IN M" E.■ ■■M■■■.■ ENROMMINWHIREMERRAMENMEM MMENNOMMONOMMENOMEMEM ME � g E Y b �A 4bgra� �.. 3 � �b � e °: ■ rr • r. . i r ■ I�ie j��il �l yli � Floors Kit p • Interior Finish mW9 • • IHeat Woodstov BR.i • II I - - .. i^ i r '• rY» i r. • i c �n •rr 14-3K COLOR TRIM 1,3 -77 f t L 7-N4 4j fp4x nI), 1st 2nd X PC CB Foundation M. BIdg. OTHER Bath Dinette < FULL , BD Extension Basement cRAwL e__R2rT'A0 Floors /��,j Kit. SLAB Extension Finished B. Interior Finish ExtensionFire Place Heat D.R. Garage X 61, l,;t5 Zl--5�-o Ext Walls BR. 10 Porch 4� Dormer x t I'Q- Baths Deck/Patio - , Z= C=) Fam. Rm. Pool 0 0i Foyer A.C./6,VN 5 0 1p 19�00 Laundry Libra O.B. 0 00 Studyry/ k ?10 D 'X7 iAF 'k" 4 17, ZI e.Z Zlk - AEC CQ PR( Pf -I x'? , SUB. - ,f- Et' DIST:STREET.' pf� a4' ' ;b M, ' ' ER OWNE E -,ACR. t co,% W," TYPE A OF SEAS." VL. FARM B mls�:Comm, C 'k'.Mk't.,Volue , b'. It TOTAL DATE REMARKS- 41o?— n62a U 1141A 9Zw1w, 7 dld r �07 7 1 1'7 9,14-OF?07 A3 FA Acre Value Per va I de -133 -7 5�10 w o, Acre e tJ 1061 ' ,Tillable 3 ,iy,Vd6dIand .......... CIO FRONTAGE ON WATERit 1A FRONTAGE ON ROAD H6uslot, x lood DEPTH BULKHEAD DOCK 'COLOR -i— - - TRIM �,,MWT,M, Ell— tl sM; Bldg. - �� (Foundation Bath Dinette y .: Ex# nsion = Basementp 3-- Floors " — , K. g',E #ensi ,ate'"� Ext. WallsM4�, Interior Finish LR. on ,'Extension . ' Fire Place Heat �s DR. r Type Roof '-z't Rooms 1 st Floor Recreation Room �° Rooms 2nd Floor' FIN. B. Porch' `' ` Dormer - -- p-4 I Bre Driveway 5 o C) - •� �,- 03 'Patio Tout- r` ....,. " .,.,.«a...a...........,,.<....._.-..- _.... - _,._...,. w-�.e..,S`.'t _ .. "-...".. ->.. ,.... _....n...._2- r Fuentes, Kim From: Martin Finnegan <mfinnegan@suffolklaw.com> Sent: Tuesday, January 12, 20211:45 PM To: Fuentes, Kim Cc: Duffy, Bill Subject: Re: ZBA #7457 Nardolillo Kim, Please note that the Applicant has modified the plans to address some of the concerns raised by the ZBA at the public hearing.Approximately 2 feet of mass was removed from the west end of the proposed structure and about a foot as well as the roof dormer were eliminated from the rear. These changes reduce the requested lot coverage by about 1% from 24.41%to 23.42%. The stairs remain on the exterior so as keep the storage area clean and free from dust and dirt from the workshop. I previously provided copies of other determinations where comparable relief and in some cases more substantial relief was granted. There were also 8 letters in support submitted by neighbors. Please let me know if the ZBA has any further questions. Thank you. Martin D. Finnegan,Esq. Twomey, Latham, Shea, Kelley, Dubin &Quartararo,LLP 33 West Second Street,P.O. Box 9398,Riverhead,NY 11901 T 631.727.2180 x 265 mfinne aann&suffolklaw.com I www.suffolklaw.com CONFIDENTIALITY NOTICE: The information contained in this e-mail and any attachments may be legally privileged and confidential. If you are not an intended recipient,you are hereby notified that any dissemination, distribution or copying of this e-mail is strictly prohibited. If you have received this e-mail in error,please notify the sender and permanently delete the e-mail and any attachments immediately.You should not retain, copy or use this e-mail or any attachment for any purpose, or disclose all or any part of the contents to any other person. Thank you. From: Fuentes, Kim <kimf@southoldtownny.gov> Date: Tuesday, January 12, 2021 at 1:24 PM To: Martin Finnegan <mfinneganC@suffolklaw.com>, 'Tom Samuels' <Tom@samuelsandsteelman.com> Subject: ZBA#7457 Nardolillo Hi, Please send email me a PDF of your latest plans dated 1/11/2021. Kim E Fuentes .Secretary to the Zoning Board of Appeals Town of Southold 54375 Main Road i 1 Twomey VA' Latham SHEA, KELLEY, DUBIN & QUARTARARO, LLP Thomas A Twomey,Jr Martin D.Finnegan (1945-2014) Partner Stephen B.Latham John F.Shea,III 631-727-2180,x-265 Christopher D.Kelley mfinnegama suffolkla�v.com David M Dubin •. Jay P Quartararo t Peter M.Mott Janice L Snead By Hand Bryan C Van Cott L) X11 Kathryn Dalll ✓} Martin D.Finnegan o November 12, 2020 Reza Ebrahlmi J OCT p 1 Jeffrey W Pagano ■ jjj 2020 Karen A Hoeg Ms. Leslie Kanes Weisman, Chairperson Bernadette E Tuthill Craig H.Handler Zoning Board of Appeals "}��'� rcJ > �� ;� � Town of Southold Bryan J.Drago P.O. Box 1179 Alexandra Halsey-Storch Southold NY 11971-0959 Katerina Grinko Southold, NY Paceleo Terrence Russell Daniel R Bernard t• Re: Area Variance Application of Louis and Erin Nardolillo Christina M Noon t Premises: 3850 Camp Mineola Road Mattituck A.Chadwick Brledis f SCTM#1000-123.00-05.00-018.000 OF COUNSEL Lisa Clare Kombrink Dear Chairperson Weisman and Members of the Board: Kevin M.Fox Patricia J.Russell Jennifer P.Nigro Craig Gibson With respect to the above-referenced Application, enclosed please find a Joan Morgan McGivern check made payable to the Town of Southold in the amount of$1,000.00 representing the required filing fee and an original and eight(8) copies of the •: NY&LA BARS t LL M IN TAXATION following documents for your review: ♦ NY&NJ BARS O NY,NJ&PA BARS . NY,NJ&DO BARS 1) Notice of Disapproval dated October 19, 2020; NY,NJ&FL BARS 2) Executed and notarized Area Variance Application, including an attachment Main Office of explanation; 33 West Second St. p P.O.Box 9398 3) Executed Owner's Authorization; Riverhead,NY 11901 4) Applicant's Project Description and Questionnaire Form; 631.727.2180 5) Executed Agricultural Data Statement; suffolklaw.com 6) Executed Short Environmental Assessment Form; 7) Local Waterfront Revitalization Program (LWRP) Consistency Assessment Form; 8) Applicant Transactional Disclosure Form signed by Martin D. Finnegan, as Agent for the properly owner; 9) Applicant Transactional Disclosure Form signed by the property owners; 10) Color photographs of the subject premises; OCT X720 11) Copy of the Town's property record card; 12) Copy of the current deed and Certificates of Occupancy; _ 13) Current surveys of the subject premises. , -- Kindly advise if you require any further documentation in order to place this matter on your next available Agenda for a public hearing. Thank you for your consideration. Vet yurs Marti innegan MDF/as Enclosures cc: Lou Nardolillo ��gUFfO(,�►�® ELIZABETH A.NEVILLE,MMC may® l/y Town Hall,53095 Main Road TOWN CLERKo P.O.Box 1179 GO 2 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS p • ell` Fax(631)765-6145 MARRIAGE OFFICER y� RECORDS MANAGEMENT OFFICER �� Telephone(631)765-1800 FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: November 20, 2020 RE: Zoning Appeal No. 7457 Transmitted herewith is Zoning Appeals No. 7457 for Louis A. Nardolillo: ,/ Notice(s) of Disapproval The Application to the Southold Town Zoning Board of Appeals Applicant's Project Description __ZQuestionnaire _,Correspondence- oft 2J U L A41 +0 2.6A Certificate(s) of Occupancy Building Permit(s) Misc. Building Dept. forms (Certificate of Compliance, Housing Code Inspection, etc.) Misc. Paperwork- ,/Copy aperwork- /Copy of Deed(s) Findings, Deliberations and Determination Meeting(s) _Agricultural Data Statement Short Environmental Assessment Form ,Board of Zoning Appeals Application Authorization Action of the Board of Appeals Applicant/Owner Transactional Disclosure Form(s) J�Agent/Representative Transactional Disclosure Form(s) _./_LWRP Consistency Assessment Form Photos Property Record Card(s) Maps- ,,-Survey/Site Plan ,/Drawings Town of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 11/20/20 Receipt#: 276436 Quantity Transactions Reference Subtotal 1 ZBAAppllcation Fees 7457 $1,000.00 Total Paid: $1,000.00 Notes: 123.-5-18 Payment Type Amount Paid By CK#76928 $1,000.00 Twomey, Latham, Shea, Kelley Dubin &Qua Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Nardolillo, Louis 3850 Camp Mineola Road Laurel, NY 11948 Clerk ID: JENNIFER Internal ID.7457 RECEIVED 'JAN 0 7 #%J APPEALS BOARD MEMBERS ��F so Mailing Address: 0ay-&&\i II Ruth D. Oliva,Chairwoman �o� Q� Southold2B § Board Of Appeals 53095 Main Road Gerard P.Goehringer Southold,NY 11971-0959 James Dinizio,`Jr. Office Location. Michael A.Simon Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman l��o (,� 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldlown.northfork.net _ ZONING BOARD OF APPEALS TOWN OF SOUTHOLD � .7 '3c 3C PM Tel.(631)765-1809•Fax(631)765-9064 � MAR 2 7 20 FINDINGS, DELIBERATIONS,AND DETERMINATIOI 0 =h01dqT0W0Clark - MEETING HELD MARCH 9, 2006 ZBA File No. 5841 - Paul Long Property Location: 3945 Camp Mineola Road(Howell Avenue), Mattituck Parcel CTM 123-5-30 PROPERTY LOCATION: The applicant's property contains 8,997 square feet with 60 feet along Camp Mineola Road (a/k/a Howell Avenue). The property is currently improved with a 580+/-square foot single-family dwelling (to be demolished). BASIS OF APPLICATION: Request for Variances under Sections 100-239.48 and 100- 244, based on the Building Inspector's December 5, 2005 Notice of Disapproval, amended January 17, 2006 concerning a proposed new dwelling, after demolition of the existing dwelling. The reasons for disapproving the building permit application are that the new dwelling will be: (1) less than a total side yard (both sides)of 25 feet, (2) less than 75 feet from the bulkhead, and (3) the lot coverage will exceed the code limitation of 20 percent for all building area. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on March 2, 2006 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The building proposed will replace a dwelling to be demolished. The percentage of coverage of the property will be reduced from the current 22.3% to 21+/-% (excluding concrete pads,walks and aprons) for the new construction. The proposed dwelling will be centered with 10 ft. side yards and is smaller in width than the existing dwelling. The setback from the bulkhead will not be reduced, and will remain at 28.3 feet and 35 feet to the rear lot line. For these ,reasons, the new construction is not out of character with the buildings in the area and is WEIVED JAN ® � 2020 Page 2—March 9,2006 ZBA File No.5841—Paul Long Zoning CTM 123-5-34 g Board Of Appeoig no more intrusive to adjacent properties or the beach front areas than any of the surrounding dwelling construction that exist. 2. The amount of relief requested is not substantial, inasmuch as the increase in lot coverage,to 21+/-percent will be less than that of the existing dwelling. 3. The proposed dwelling will be located further landward than the existing dwelling. There will be no reduction in the setback from the bulkhead, and no increase of lot coverage by building area. 4. The side setbacks, ten(10)feet on each side,will result in the building being centered on the lot and an increase from the existing nonconforming side yards, 5. Grant of the requested variance is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a replacement dwelling,while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. BOARD RESOLUTION: On motion by Member Simon, seconded by Chairwoman Oliva, it was RESOLVED, to GRANT the variances as applied for, as shown on the May 17, 2005 survey, amended January 12, 2006 by Joseph A. Ingegno, and construction diagrams prepared by Mark K. Schwartz, A.I.A. 12/16/05 (Al, A2, A3), SUBJECT TO THE FOLLOWING CONDITION: That the 10-foot passages on the sides of the house remain free of any structure. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Simon, and Weisman. (Member Dinizio was absent.)This Resolution was duty adopted (4-0). Q- 6. � L� Ruth D. Oliva, Chairwoman 3/24/06 Approved for Filing VAPPEALS BOARD IME_MBER � $o(f�y - Mailing Address: Gerard P.Goehringer,Chairman �p``� �`® Southold Town Hall 53095 Main Road o P.O, Box 1 179 Ruth D.Oliva Southold,NY 1'1971-0959 James Dinizio,Jr. Office Location: Michael A.Simon ®l y� Town Annex-/First Floor,North Fork Bank Leslie Kanes Weisman /r� � ° 54375 Main road(at Youngs Avenue) Southold,NY 11471 http://southoldtown.northfork net ZONING BOA OE APPEALS T'OWNOF SOUTHOLDU!!Qj Tel.(631)765-1809-Fax(631)755-9064 � 00V FEB 4 2009 NDINGS, DELIBERATIONS,AND DETERMINATIO. %_ _ MEETING DATE: JANUARY 22, 2009'S00th6ld'T*Wfl Clark ZBA FILE#6241 - Robert J. and Margaret Bergamini,Applicants PROPERTY LOCATION: 4050 Camp Mineola Road,.Mattituck CTM'123-5-20 SEQRA DETERMINATION: The Zoning Board of Appeals-has visited the property under consideration in this application and determines,that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. PROPERTY FACTSIDESCRIPTION- The subject property is a 13,63.1 square foot parcel measuring 117.12 feet along Camp Mineola Road to the south, 103.45 along the eastern boundary, 117.51 feet along the northern boundary, 'and 126.77 feet along the western boundary, and is improved with a single-family.house as shown on the August 17, 1971-survey prepared by Young &Young, and September 6, 2009 plan prepared by Joseph Fischetti, P.E. BASIS OF APPLICATION: Request for a Variance under Section 280-124, based on the building Inspector's October 17, 2008 Notice of Disapproval concerning an addition to an existing front yard deck at less.than trthe required minimum front yard setback of 35 feet and aot:coverage exce'edrig`-the�code FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on January 8, 2009 at which time written and oral evidence were presented. RELIEF REQUESTED: The applicant proposes to construct an addition to a front deck with a front-yard setback of 16 feet and resulting in lot coverage." 1s 89o.n, REASONS FOR BOARD ACTION. On the basis of testimony presented, materials submitted and personal-inspections, the Board makes the following findings:, RECEIVE[ ISS Page 2—January 22,2009 JAN 7 2020 ZBA#6241—R.and M.Bergammi CTM 123-5-20 Zoning Board Of Appeals 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 proposed deck addition is 75 square feet. It is designed to,provide egress from the rear bedroom. It will not decrease the setback from Camp-Mineola Road. 2. Town Law 267-b(3)(b)(2). The benefit of safety egress from the front bedroom cannot be achieved by some method, feasible for the applicant,to pursue, other than an area variance. 3. Town Law 267-b(3)(b)(3). The proposed variance is not substantial. The area of the addition is only 75 feet, and requires=,a -Variance for lot coverage of_less-than 10%. 4. Town Law 267-b(3)(b)(5). The difficulty was created when the deck and house were constructed with a nonconforming front yard setback that' did not permit, a safety exit from a front bedroom. 5. Town Law '267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Town Law '26 7-b: Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an additional egress and slightly enlarged deck, while preserving and protecting the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York-Town Law 267-B, a motion was offered by Member Simon, seconded by Member Weisman, and duly carried, to GRANT the variances as applied for, as shown on the October 21, 2008 site diagram and shown on the September 6, 2009 diagram prepared by Joseph Fischetti, P.E. Any deviation from the variance given such as extensions, or demolitions which, are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This, action does not authorize or condone any current or future use, setback or other feature of the subject M Page 3—January 22,2009ZBA#6241—R.and M.Bergamim CTM 123-5-20 property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Goehringer (Chairman), Oliva, Dinizio, Simon and Weisman. This Resolution was duly adopted(5-0). q=e-�-z k •�L f ' RUTH D.OLIVA, VICE CHA OMAN li.P? /2009 Approved for Filing i 4 . BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ®��r4F sFf, 53095 Main Road®P.O.Box 1179 James Dinizio,Jr. Southold,NY 1 f971-0959 Gerard P.Goehringer Office Location, c� Town Annex/First Floor,Capital One Bank George Horning �� '54375 Main Road(at Youngs,Avenue) Ken Schne' Southold,NY 11971 RECEIVED 4U , /� �� ` httpJlsoutholdtown.northPprk.net JAS ® � 2�2� ZONING BOARD F APPEALS '"CEIVr 'OWN OF SOUTHOLD X515 Tel,(631 765-1809 Fax 631 765-9064 Zoning Beard Of,4�3p ) { ) AUG ,2 2Ull FINDINGS,ID;IaUBERATIO S AND DETERMINATION' MEETING OF eAliGlrST 18,2011 &tvn ZBA FILE: 6486 NAME OF APPLICANT:Edna Beirne PROPERTY LOCATION: 55 Fay Court(adj,to Right of Way)Mattituck,NY SCTM41000-123-5-17 -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,11 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 June 28, 2011 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: This application is not subject to review under Chapter,268 because does not involve features that relate to a regulated natural feature or a bulkhead or other shoreline. PROPERTY FACTS/DESCRIPTION• Subject property is a non-conforming 5,339 sq,ft. parcel,improved with a two story dwelling and detached accessory°garage. ,It has 100:60 feet of frontage along Fay.C6urt,51_81 feet along Camp Mineola Road, 113.55 feet along the west property line and 50.00 feet along;the north property line as shown on the survey prepared,by Peconic Surveyors, P.C.dated July I;2011, BASIS OF APPLICATION: Request for Variance from Article XXIII Code Section 280-124 and Article III Section 28045 and the Building Inspector's June 1,, 2011 Notice of Disapproval based 'on An application for building permit to construct a deck and shower addition and°accessory�narage,addition/'ltei f ozi4f 1) front and rear yard setback of less than the code required 35 feet,2)side yard setback of IeSS than the code required 10 feet, 3)lot coverage of more than the code required 20%for the deck/shower addition and 4)rear and side yard setbacks for accessory buildings at/eSs than the code ceguired 3_feet: RELIEF REOUESTED: The applicant proposes to construct a deck and out door"shower additions and construct, additions and alterations to existing accessory garage. On lots less than 20,00b sq. ft.the code required front and rear yard setback is �5 feet, side yard setback of 10 feet, applicant is proposing 31 feet and 20 feet front yard setbacks for the proposed deck and shower,a 20 foot rear yard setback for the-proposed deck,and a 3 foot setback for the proposed deck. Regarding the accessory garage, the code requires,a,rear,,and,side yard"setbackpf 3 feet, applicant is proposing`a-1.6-foot-rear yard and at.7'fo6t side yard-setback-for'ih6 accessory garAge.additibnr and alterations: Additionally"the co--esailows foi.a°maximum.- ,2t!%o lot of 38%--' coverage,'applrcant.is pro}ios%ng lat coter`age ADDITIONAL INFORMATION: The Board received a letter from a neighbor in support of the application. During the Public hearing a neighbor spoke in favor,of the application. _ t t , RECEIVED Page 2 of 3—August 18,2011 ,1 A N ® � 2�2� zeA 806486-Beune OM 1000-123-5-17 FINDINGS OF FACT/REASONS FOR BOARD ACTION Zoning Board Of Appeals The Zoning Board of Appeals held a public hearing on this application on August 4,2011,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 snakes the following findings: 1. Town Law 267-b3 b)(11 Grant of the variance of will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. This is an old sub-division consisting of small non- conforming lots. Many have received variances for setbacks similar to this application. The proposed two story garage is about the same height as the adjacent neighbor's garage. 2. Town Law &267-b 3 b)Q:_The benefit sought by the applicant cannot be achieved by some method,feasible for the applicant to pursue,other than an area variance. Due to the small size of the 5,334 sq.ft,subject lot,and the fact that it is a corner property,the'applicant would require a variance for any improvements. 3. Town Law 4267-b(3)(b)Q. The variances granted herein are substantial. However,the applicant is proposing to reduce the existing lot coverage of 43.7% to 37.1% by removing some of the existing wood decking and replacing it with an at grade patio. 4. Town Law &267-b{3)(b)(4ZR'o 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. All drainage will be retained on site as per code and no regulated natural features are on the subject property, 5. Town Law X267-b(30)(5) The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law &267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a deck and improved accessory garage while preserving and protecting the character of the neighborhood and the health,safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B,motion was offered by Member Goehringer,seconded by Member Horning,and duly carried,to 9RANT,the variances as applied for, and shown on the Survey prepared July 1,2011 by Peconic Surveyors,PC. And the architectural plans prepared by East End design Associates dated 10/8/10, pages G101, G102, A101, A102,A201,A301 and ALT-1. Subject to the following conditions; 1. The accessory garage shall be used for storage only,with the utility of electricity. 2• Any roof overhangs, including gutters,shall not extend beyond the subject property lines. That the above conditions be written into the Building inspector's Certfficate of Occupancy, when issued Any deviation from the survey,site plan and/or architectural drawings cited in this decision will result to delays and/or a possible dental by the Building Department of a building permit,and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps,are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use,setback or other feature of the subject property that may violate the Toning Code,other than such uses, setbacks and other features as are expressly addressed to this action. The Board reserves the right to substitute a similar design that is de mtnimis in nature for an alteration that does not increase the degree of nonconformity, Vote ofthe Board; Ayes:Members Weisman(Chairperson),Horning,Goehringer,Dtnizio,Schneider. Page 3 of 3—August 18,2011 RECEIVED w LBA File#6486-Berme /� C"rM; 1000.123-5-17 J This Resolution s duly adopted(4-0). JAN 0 7 ��Z� Zoning Board Of Appeals Leslie Kanes Weisman,Chairperson Approved for filing / /2011 BOARD MEMBERS ��®�s® �a Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road m P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: v� ac Eric Dantes ® iQ Town Annex/First Floor, Robert Lehnert,Jr. O �,.e� 54375 Main Road(at Youngs Avenue) H Nicholas Pianamento COU , `GG.•�� Southold,NY 11971 http://soudioldtownny.gov ZONING BOARD OF APPEALS J ,N % TOWN OF SOUTHOLD FRECEIVED � �:(5AM Tel.(631)765-1809 a Fax(631)765-90642 4 2019 Fr$l�f 'S®ll� Old Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SULLY 1S,2019 ZBA FILE:#7296 NAME OF APPLICANT: Lewis Topper PROPERTY LOCATION: 3605 Camp Mineola Road,(Adj.to the Great Peconic Bay),Mattituck NY S CTM: 1000-123-6-12.4 SEORA DETERMINATION:The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions,without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated March 25,2019 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated June 24, 2019. Based upon the information provided on the LWRP Consistency Assessment Form, as well as the records available, it is recommended that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP relative to the as-built shed in the side yard and the shed and trellis over the patio. With the conditions imposed herein, the Board finds the application wi1l be CONSISTENT with the LWRP. The as-built trellis and shed were constructed without obtaining required review or permits. As- built development does not minimize adverse effects of development by setting precedent and reinforces a traditional land use pattern of the Town of Southold that is not supported. The proposed action does not meet this policy.(Policy 1) The as-built frame shed is located within FEMA AE Elevation 6' flood zone and is subject to loss from storm events. During Tropical Storm Sandy,this area flooded.(Policy 4) Y ac D q0 Page 2,July 18,2019 JAN ® � �020 #7296,Topper SCTM No..1000-123-6-12.4 Zoning Beard Of Appeals The proposal'to increase the lot coverage to over the permitted 20 percent is,not supported in this hazard area(assuming the as-built shed is the reason the application exceeds the 20 percent). The proposed second story addition is recommended as EXEMPT from the,from,LWRP and Coastal Consistency Review relative to the additions and alterations to the residence. PROPERTY FACTS/DESCRIPTION'- The subject,non-conforming 1:8;901sgia feet,.43 acre, 16,471 square feet, .38 acre buildable, rectangular-shaped waterfront parcel located in the R40 Zoning District measures 183:20 feet along Camp Mineola Road,and a private right of way=known as Reeve.Avenue, establishing a western lot line, then runs along a wood bulkhead at the Peconic Bay 90.40 feet,then runs north 176.78 feet along a separate residentially developed lot owned by the applicant,then returns 92.92 feet along the northern lot,line. The site is developed with a two-story frame and stone.dwelling with covered waterside wood porch,a covered front porch,wood walkway with steps to the beach;a slate patio and grilling area,an eastside entry with roof over and outdoor shower,a Westside entry with roof over and generator and air handlers concealed under a lattice pergola, a stone driveway and subject of this application a free-standing wood trellis over stone patio,at house entrance and a frame shed located in the front yard, as shown on the survey by Martin D. Hands L.S.,, Hands-On Surveying and last updated January 22,2019. BASIS OF APPLICATION: Request for Variances from Article III, Section 280-15; Article XXIII, Section 280-124; and the Building Inspector's March I, 2019, Notice of Disapproval based on an application for a building permit to,construct additions and alterations to existing single family dwelling, legalize"as built"trellis addition over patio and to legalize the"as built"accessory shed; at; 1)proposed addition to the single family dwelling located less than the code required minimum front yard setback of 35 feet; 2) proposed addition to the single family_dwelling-located-less than the code required-minimum rear yard- setback of 35 feet; 3) proposedx=nstruetion'is-m6re'than''the,aode;perm tte� rtiaximtiin.l coverage_=of•20%-',,4)."as-built" shed:located in other than the rear-yard; at: 3605Camp Mineola Road, (Adj. to the 1, reat Peconic Bay),Mattituek,NY.SCTM91'000423-6-12.4. RELIEF REQUESTED: The applicant requests variances for second floor additions and alterations to an existing residence consisting of a maximum ridge,height of 23 feet to accommodate the removal of the current roof to expand and replace the dormers to create 423 square feet of additional living'space for two' expanded bedrooms and baths, with a proposed front yard setback is 18.1 feet where 35 feet`is the minimum front yard setback required and the proposed rear yard setback is 17.2 feet where the minimum rear yard set setback required is 35 feet and to legalize an as-built garden shed measuring 8.2 feet by 11.8, feet located a side yard where-all such improvements are to be located in the rear yard,or in the case of a waterfront parcel, can be sited in the front yard, provided the improvement meets minimum front yard setback requirements and to legalize an as-built garden trellis/pergola over a front entry,patio where the code allows a maximum of 20% lot coverage. The'total-proposed iinpro'`i - tj,_,jf gr" d"represents; .23%o,1o#_eoverage. ' ADDITIONAL INFORMATION: The applicant and their agent spoke on behalf of this application. No immediate neighbor or member of the public spoke in favor of or against this application. The following ZBA variances were previously granted for this parcel. #161 issued 1959 #2773 issued 1981 #2938 issued 1982 #5,139 issued 2002 EC�iVED Page 3,July 18,2019' RI"l /, #7296,Topper Fs SCTM No. 1000-123-6-12,4 JAN 2020 The subject residence has the following Certificates of Occupancy: Zoning Board Of Appeals #11092 issued 1982 914153 issued 1986 #30911 issued 2005 Camp Mineola Road is a private road servicing the private bayfront community of Camp Mineola; originally developed prior to the mid-20th Century. Reeve Road is a non-paved, grass continuation of Camp Mineola Road, a right of way25'feet'wide, allowing bay access'to non-waterfront members ofthe private community. The subject parcel is developed with a residence faeing'the bay and for all practical' purposes does hot have a front fagade facing Reeve Road,, nor a'traditional rear yard'. These spaces function and look-like typical side,'yards given the driveway,access from Camp'Mineola Road,and the orientation of the residence facing north. ZBA decision #2773 granted in 1981 indicates that the placement of the existing house cannot have a front or rear yard setback less than 17.5 feet,the technical side yards. The existing front and rear yard setbacks maintain,those originally granted and the applicant proposes to expand the second,floor, while maintaining the current setbacks, to enhance two existing bedrooms and baths. The applicant owns the bayfront residence immediately to the east,of the subject property. The applicant and his agent were asked to provide the Board with,prior decisions to support their application relative to excess' lot coverage. Thi,-applicant's;,�agent.�sub-thitied'fotgTp>ior-°56 d decisions including;# 8a;1;; 612?; 624aiid4#b , Il;f`` e alloytable 20%`tot"coverage°in 6 a or greater t1i`an tl? _ the,immediate Camp Mineola eonimunity&on'July 14;.20,195: FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on July 3,2019 atwhich time written and oral evidence were presented. Based upon all testimony,documentation,personal inspection of the property and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town .Law 4267-b(3)(b)(1), Grant of the variances will`'not:produce an`undesirable change in the, character°of the neighborhood or a detriment to nearby properties. The private bayfront community of Camp Mineola offers,a, variety of house styles and sizes,developed over the past century and is not accessible to the general public. Members of'the community will have difficulty distinguishing the proposed additions and alterations as the subject residence is well-screened and landscaped. While,the residence is visible from the beach and to boaters on the Peconic Bay,the proposed'alterations are within keeping of the neighborhood and furthermore, the house presently has recognizable dormers. accommodating Iiving space. There is no proposed expansion to the footprint of the current house and the applicant proposes to maintain the existing front yard setback of 18.1 feet and also proposes to maintain the existing rear yard setback of 17.2 feet white removing the existing dormers and replacing them with expanded dormers to enlarge two existing second floor bedrooms and baths. Relative to the placement of the shed in the side yard,based on the lot's orientation-and to passer's by or those with access to the site for al practical purposes one would assume that the improvement was placed in the correct'location. Few would recognize that the technical front yard is facing the right of way, known as Reeve Road, a grass Lane allowing pedestrian access to the bay. Lastly, the location of the free-standing trellis pergola over a stone patio at the residence's front door along with the placement of the shed on site facilitates the need for lot coverage in addition to the allowable 20%, Few would notice-that the,lot coverage is in fact 23%, especially since the trellis is open air and supports a•mature Wisteria vine. RECEIVED 1 Page 4,July 18,2019 JAN 7 20�� #7296,Topper SCTM No. 1000-123-6-12.4 Zoning Board Of Appeals 2. Town Law§267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some-method, feasible for the applicant to pursue, other than an area variance. The house is existing and applicant proposes to maintain the current setback granted in 1981 by the ZBA. Furthermore,the applicant has no `typical"front yard or a compliant rear yard area to place a shed. The only possible location is in the side yard. Furthermore;because.of the existence of the as-built shed andtrellis relief is sought relative to lot coverage. It would be an unnecessary hardship to require the applicant to remove the garden shed needed to maintain the property and store common household items or to abandon the use.of a garden'trellis gracing an entranceway to maintain compliant Iot coverage. While the LWRP does not condone`as built' improvements, which given the potential of a storm surge can cause damage or loss of life,'the LWRP does not view the expansion of the second story as problematic. 3. Town Law 4267-b(3)(1b)(3), The variances granted herein are mathematically substantial, representing 48% relief from the code for front yard setback; 51% relief from the code-for rear yard' setback; 15%relief from the code for 23% lot coverage; and 100%relieffrom the code for the placement of the shed in the side yard.However,the applicant is maintaining the already existing front.and rear yard setbacks as granted by this Board under ZBA decision#2773 granted in 1981 and does not propose any work other than expanding already existing second floor dormers. Additionally, a garden shed and garden trellises,are common accessory structures to a residence,and while built without the benefit of a permit and create the need for lot coverage relief do not visually impact the site the same way that a garage or another structure would. While the existence of the shed in a side yard.'is'the greatest relief sought, for all practical and recognizable purposes, one would not realize that the, siting of this improvement requires relief as it appears in the logical front yard. 4. 'Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions,in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. S. 'Town Law X267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel, after the Zoning C6de was in effect and it is.presumed that the applicant had-actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of alterations and additions to a residence and the legalization of the as built shed and trellis in their existing locations,while preserving and protecting the character`of the neighborhood'and the health,safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, motion was offered by Member Planamento, seconded by Member Acampora,and-duly carried,to ? l�T the°warianaes as,applied-for;and shown'on the survey by Martin D. 'Hands L.S., Hands On. Surveying and last revised January 22, 2019 and shown on the architectural drawings labeled Al-A4 prepared by Frederick Robert Weber,Registered Architect and dated February 14,,2019. Rj k-A��J Page 5,July 18,2019 JAN ® 7 2020 #7296,Topper SCTM No. 1000-123-6-12.4 Zoning Beard Of Appeals SUBJECT TO THE FOLLOWING CONDITIONS• 1. Prior to receiving a building permit,the owner(s)of the subject property cited herein must sign a statement acknowledging: a.That the applicant(s)have read this determination and understand the limits of the variance relief granted herein; b. That the applicant(s)will immediately contact the Building Department if a demolition, as defined by Section 280-4 of the Town Code,l occurs during construction,or any construction undertaken in any other way exceeds the scope of the approvals granted herein,or the issued building permit; c.That the applicants are aware that the Zoning Board of Appeals retains jurisdiction until the issuance of the Certificate of Occupancy and has the right,after a public hearing,to modify,suspend or revoke such approvals or any term or condition thereof or to impose thereon one or more new conditions,pursuant to Article XXV,Section 280-141 of the Town Code. 2. This approval shall not be deemed effective until the required conditions have been met; and failure to comply therewith will render this approval null and void. 3. The garden pergola at the visual front of the house shall not be expanded upon,enclosed, attached to the residence or screened/sheathed. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from,the survey, site plan and/or architectural drawings cited in this decision will result to delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. In the event that an approval is granted subject to conditions, the approval shall not be deemed effective until the required conditions have been met; and failure to comply therewith will render this approval null and void. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Pursuant to Chapter 280-146(13) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured,and/or a subdivision map has not been filed with the Suffolk County Clerk,within three 1 Section 280-4 of the Town Code defines"Demolition"as any removal of a structure or portion thereof, where the total cost of the reconstruction of the structure or portion thereof exceeds 50% of the market value of the existing structure before the start of removal. i _ 7Appeals Page 6,July 18,2019 FZon:inqBoard #7296,Topper SCTM No. 1000-123-6-12.4 O (3)years from the date such variance was granted. The Board of Appeals may,upon written request prior to the date of expiration,grant an extension not to exceed three(3)consecutive one(1) year terms. Vote of the Board: Ayes:Members Weisman(Chairperson),Dantes,Planamento,and Acampora.(4-0) (Member Lehnert Absent) Leslie Kanes Weisman Chairperson Approved for filing 7 /,;�D /2019 RECEIVED 7y,C7 'JAN 0 7 2020 Daniel Einhorn Zoning Board Of Appeals Marylu Kohler - 405 Fay Ct Mattituck,NY 11952 Town of Southold Zoning Board of Appeals P.O. Box 1179 Southold,NY 11971-0959 Re: Area Variance Application of Louis and Erin Nardolillo Premises: 3850 Camp Mineola Road,Mattituckc,NY SCTM#1000-123-5-18 To the Members of the Zoning Board of Appeals: We reside at 405 Fay Ct.,in the vicinity of the Nardolillo property. We are aware of their request for lot coverage and rear yard area variances to allow them to expand the garage on their property. We believe that the proposed garage will be in character with the other garages on Camp Mineola Road and have no objection to the granting of variances. 1 R I _ TOWN OF SOUTHOLD ZONING BOARD OF APPEALS Appeal No. r i SOUTHOLD, NEW YORK S AFFIDAVIT OF In the Matter of the Application of: MAILINGS Zoa-kd�,A 4. A (Name of Applicant/Owner) I �p5o Camp��Imeo�c�IPo�a�, i c,e SCTM No. 1000- 167 3.00-05.00-0/9,000 (Address of Property) (Section, Block &Lot) i COUNTY OF SUFFOLK STATE OF NEW YORK I, ( ) Owner, ( X) Agent I�arfi/� �. Fnaewel WAanAu ft,ftd� at AY4:�:6 iOMt ZA-C , New York, being duly sworn, deposes and says that: On the a/ day of beCery1Lr-4— , 20670, 1 personally mailed at the United States Post Office in >0i uffhew d ,New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll Verified from the official records on file with the ( ) Assessors, or ( ) County Real Property Office, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's pro (Signature) I Sword to before me this 1 s�`day of beGeiYjb , 20aUNOTARY P BLIC ZS TATE ER NOFANEW YORK NO.OISC6409457 QUALIFIED IN SUFFOLK COUNTY [MY COMMISSION EXPIRES SEP 28,20 °?y (Notary Public) PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. All original USPS receipts and mailing confirmations to begsilinitted:to•the ZBA Office along with this form completed, signed and notarized. �3i •3" '_` i\99, I;i , ,;,,•. e , I Ln ru D° I Ln /m m ..D _ plo :WINE m ° m ° m if f o 5C � LU � E c0 Certified Mad Fee I Certified Mad Fee {0' Ir $ $ nate r- Extra Services&Fees(check box,add fee as appropriate) P- Extra Services&'Fees(check boy add fee asapprop ) p $ Postmark ❑Return Receipt(hardcopy) $ - ❑Return Receipt t(har[IcoPY) ❑Return Receipt(electronic) $ Postmark r� ❑Return Receipt(electronic) $ Here � 0 Certified Mail Restricted Delivery $ F1 Certified Mall Restricted Delivery $ t Here ❑Adult Signature Required $ E]Adult Signature Required $ C3 Adult Signature Restricted Delivery$ ❑Adult Signature Restricted Delivery$ -`�`�. ❑ r Postage I p Postage rl l Total Postage and Fees V" ru Total Postage and Fees a �, a - —--'� $ E3 Sent W. End POA Camp Mineola, to sentA Edna Beirne 1 ru ------------ C3 sveepost Office Box 1701 rte`•• smear` 186 Voorhis Avenue r` ry- c'ry Mattituck, NY 11952 Rockville Centre, NY 11570 M /m I CO D. • p- F° Sl �'`.za, �r m I 'a.,4.,, m L'3 C 4 L• _U mE O .0 Certified Mad Fee f r. CO Certrfled Mail Fee Ir $ } rr $ r"- Extra Services&Fees(check box,add fee as appropriate) Y ®p r%- EH raervices Return Receipt(hardcopy) $ S &Fees(check box,add fee as appropriate) I p ❑ ( ❑Return Receipt(hardcopy) $ t..� r-1 ❑Return Receipt(electronic) $ ,><-Postrrlark_ O Return Receipt(electronic) $ � � t Postmark ❑Certrfled Mail Restricted Delivery $ r Here C3 ❑Certified Mail Restricted Delivery $ 9 Here JAdult Signature Requ red 0 []Adult Signature Required 4� v 13 ❑Adult Signature Restricted Delivery$ �(, '•, 0 Postage[]Adult Signature Restricted Delivery$ / a' ED Postage + 0" ! ! Er' $ $ ! ru Total Postage and Fees e rl Total Postage and Fees Q�� s 1-9 — - p Seng Raymond E. Fedynak ,, �- - +a sen; Robert J. Bergamini ------- � siiel Margaret M. Ber amini J -------------- ru sires Jacqueline M. Fedynak ary, g g 155 Fay Court I ------ 135172nd Street Mattituck, NY 11952 Brooklyn, NY 11228 ® e © ■ • Ir D e p D' -n 0 C3 FFC :! A U Sc13 Certified Fee EJ Ir"it 4 d 1:13 Certified Mail Fee __ tIEr ri' $ ( r-• Extra Services&FeeS(check box,add fee as appropriate) ', r` Extra Services&Fees(check box,add fee as appropnate)r s '`o J I ❑Return Receipt(hardcopy) $ , 't, El Return Receipt(hardcopy) $ �J• " I C"'j y, ❑Return Receipt(electronic) $ + Postmark El Return Receipt(electronic) $ �- Postmark i O � ❑Certified Mail Restricted Delivery $ ` Here I 0 ❑Certified Mall Restricted Delivery $ Here O ❑Adult Signature Required $ 1 __ !i ❑Atlult Signature Required $ y _ I Adult Signature Restricted Delivery$ '< �� ! ❑Adult Signature Restricted Delivery$ 0 jp Postage O Postage Ir $ nJ Total Postage and Fees ` rU Total Postage and Fees �.�,,.� $' c3 Sent Charles F. Cain C3 S Robert P.Auteri Living Trust RI ru O SiFiia Mary E. Cain r----------- Nannette M.Auteri Living Trust 26 Dusenberry Road L C 4 Pidgeon Court NY 10708-2421 Bronxville, Manorvill_e._NY 11949 — I ADJACENT PROPERTY OWNERS—NARDOLILLO 123.-5-36.16a W. End POA Camp Mineola © Post Of0 1701 Office Box Q' aik�!©o' '�"© °,l �_ b i, HE�` �, ,��4�d'uG„•,�, Mattituck,NY 11952 1:0 123.-5-17 ca Certified Mad Fee Edna Beirne N $ - E1.Services&Fees(check box,add fee es approprlatgl 186 Voorhis Avenue ; ❑Return Receipt(hardcopy) $ 'y Rockville Centre,NY 11570 f o ❑CetumdMalllRestrictedpt ) $ PHererk of ❑Certified Mail Restricted Delivery $ E r ❑Adult Signature Required $ 1 []Adult Signature Restricted Delivery$ JJO;p 123.-5-16 a Postage Ray mond-E.- nak Fed rruu $ y � Total Postage end Fees Jacqueline M. Fedynak $ g -- 155 Fay Court rruu sen Brendan Sullivan C3 sr,€ Mattituck,NY 11952 N Perryn Sullivan city 314 W. 100th Street,Apt.4 123.-5-19 Charles F. Cain Mary E. Cain 26 Dusenberry Road Bronxville,NY 10708-2421 123.-5-36.11 Robert J. Bergamini Margaret M. Bergamini 1351 72nd Street Brooklyn,NY 11228 123.-5-31 I Robert P. Auteri Living Trust Nannette M. Auteri Living Trust 4 Pidgeon Court ? Manorville,NY 11949 123.-5-32 Brendan Sullivan Perryn Sullivan 314 W. 100th Street, Apt. 4 New York,NY 10025 Twomey 05 Latham SHEA, KELLEY, DUBIN & QUARTARARO, LLP Thomas A.Twomey,Jr (1945-2014) Stephen B Latham Martin D.Finnegan John F Shea,III Partner Christopher D.Kelley David M Dubin 631-727-2180,x-265 Jay P Ouartararo t mfinnegan@suffolklaw.com Peter M Mott Janice L Snead Bryan C Van Cott Kathryn Dalli Martin D Finnegan o Via USPS Remular Mail Reza Ebrahimi Jeffrey W Pagano ■ Karen A Hoeg January 4, 2021 Bernadette E Tuthill Craig H Handler Zoning Board of Appeals for the Town of Southold Bryan J Drago Attn: Elizabeth Sakarellos Alexandra Halsey-Storch Katerina Grinko 54375 Route 25 LorraineRussell ell Terrence RussPost Office Box 1179 Daniel R.Bernard to Southold,NY 11971 Christina M Noon t A.Chadwick Briedis Re: Area Variance Application of Louis and Erin Nardolillo OF COUNSEL Premises: 3850 Camp Mineola Road,Mattituck Lisa Clare Kombrink Kevin M Fox SCTM#1000-123-5-8 Patricia J Russell Jennifer P Nigro Craig Gibson Dear Liz: Joan Morgan McGivern With respect to the above-referenced matter, enclosed please find the d NV&LA BARS t LL M IN TAXATION original green card receipts for filing with your office, along with the original ♦ NY&NJ BARS Affidavit of Posting. O NV,NJ&PA BARS ® NY,NJ&DO BARS NV,NJ&FL BARS If you have any questions regarding the enclosed, please feel free to 333 West Second St. an �' 3office contact me. Thank for our attention to this matter. Wyou P.O. Box 9398 Riverhead,NY 11901 V=egan 631.727.2180 suffolklaw.com MDF/as Enclosures TOWN OF SOUTHOLD 4'71j7 ZONING BOARD OF APPEALS � l 110 zkhA i5 SOUTHOLD,NEW YORK ,AFFIDAVIT OF In the Matter of the Application of: POSTING Louis A. and Erin A. Nardolillo SCTM No. 1000- 123.00-05.00-018.000 (Name of Applicants) (Section,Block&Lot) COUNTY OF SUFFOLK STATE OF NEW YORK with office 1, Martin D. Finnegan, Esq. z4�g at 33 West Second Street Riverhead ,New York, being duly sworn,depose and say that: I am the( ) Owner or(,,4 Agent for owner of the subject property On the ' o?7 fk day.of December_,2020, 1 personally placed the Town's Official Poster on subject property located at: 3850 Camp Mineola Road Mattituck, NY 11952 indicating the date of hearing and nature of application noted thercon, securely upon subject property, located ten (10)feet or closer from the street or right-of-Way(driveway entrance)facing the,street or facing each street or right-of-way entrance,* and that, I hereby confirm that the Poster has remained in place for.seven(7)days prior to the date of the subject hearino ate, gearing date was shown to be January 7, 2021 (Owner/Alrent Signature) VA 7&ntaxy 07/ Sworn to before me this Day of Qeeeminr ,202& (Notary Public) * near the'entrance-or driveway entrance of'property, as the area most visible to passerby SCHWEITZER ANNALISE NOTARY PUBLIC-STATE OF NEW YORK NO.OISC6409457 QUALIFIED IN SUFFOLK COUNTY MY COMMISSION EXPIRES SEP 26,20 LQ � � 6 S nature ■ Complete items 1,2,and 3. A � ❑Agent , ■ Print your name and address on the reverse (, ❑Addressee so that we can return the card to you. p Rec ived by(Prim Na C. Date of Delivery ■ Attach this card to the back of the mail iece, v ` or on the front if space permits. J s �}` rya i diffe�ntfrom item 1? ❑Yes /� / Adirin-n.aaro��a�i-t.,•-- ------ ---- a e• - I 'V^J I-- Y S,ente,- eliver �dti ess below: ❑No Raymond E. Fedynak j;;�� ,�• Jacqueline M. Fedynak I 155 Fay Court rviattituck, IVY 11952 c. /� W 6. ; - - --- - -__ I \• �� ❑Priorly Mad Express ' II I IIIII IIlI lli 111l II II I l of l l!I111l illi 111111 ❑ Tit,Slgndhirree Restfldt/i el ❑Regglate red Mailistered Restricted 11 Cf '( De very 9590 9402 6125 0209 7527 60 ❑Certifie a{I Fi livery ❑Return Receipt for ❑Collect on De ivery Merchandise Tm ❑Collect on Delivery Restricted Delivery ❑Signature Confirmation _ n insured Mail ❑Signature Confirmation 2. Article Number(Transfer from service label)_ _ _ _ }�� Restricted Delivery . r - -— isured Mad Restricted Delivery 7020 1,29p_. Q001 =7980,`6848 rver$500) - Domestic Return Receipt PS Form 3811,July 2015-PSN 7530{02{000190531 �� s e ■ Complete items 1,2,and 3. A Signature ❑Agent ■ Print your name and address on the reverse X c�t.� ,�y ❑Addressee so that we can return the card to you. B. Received by(Printed ame) - C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. c rte\ D. Is delivery address different from item l? ❑Yes I, Edrta621rr1e � If YES,enter delivery address below: ❑No j 186 Voorhis Avenue' �, 'v Rockville Centre; ;R 3. { -- - --- - -- — -- 3. Service Type ❑Priorly Mail Express@ i II IIIII IIII II�0II I II II ��I I I III I Illi II �� ❑Aistered MaIITM dult Signature Restricted Delivery ❑RDegVstryred Mail Restricted Certified Mail@ II 9590 9402 6125 0209 7527 53 ❑Certified Mad Restricted Delivery ❑Return ero Recelptfor ; ❑Collect on Delivery ❑Sinature ConfirmatlonT"' ;I ❑Collect on Delivery Restricted Delivery 9 2. Article Number(Transfer from_service label) r,•--,red Mail ❑Signature Confirmation i Dred Mad Restricted Delivery Restricted Delivery, 7020 1290 0001 7980 6855 ,r$5oo) PS Form13811,July 2015 PSN Domestic Return Receipt 7530-02-000-9053 D • ■ Complete items 1,2,and 3. A Sign e ❑Agent ■ Print your name and address on the reverse X ❑Addressee so that we can return the card to you. ■ Attach this card to the back of the mailpiece, B• calved b (Printe a C.Date of Delivery or on the front if space permits. U �� i_Arf,cip Addressed toc— 'rgr,Isdel' ry address different from item 1? ❑Yes i W. End POA Camp Mineola �� ea�ter delivery address below: ❑No Post Office Box.1701. � ,\} �' {` 5 Mattituck NY:1195271= lit `,le- -� t 'd. efj�icw. pe. Cep ❑Priorly Mad Express@ II I�IIIII IIII III!l!I II II I�I I I I Ili 1111 alb ❑Adult Signature ❑Delivery Registered Mail R ❑Adult Signature q€str cted Delivery ❑Re�Istered Mail Restricted !�Certified Mall@/ 9590 9402 6125 0209 7527 ❑Certified M51�Restricted Delivery ❑Return Receipt for ollec�'onDeltvery Merchandise CI Cole,t-on Dellvery Restricted Delivery ❑SignatureConfinnation*"� 2. Article Number(Transfer from se ice label)_ __ - - p Insured Mad 17 Signature Confirmation 020 12 9 0 D O 01 7 9 8 0 6862 ❑Insured Mail Restricted Delivery Restricted Delivery _ (over$500) PS Form 3811`July 2015 PSN 7530-02-000-'9053 Domestic Return Receipt' i , ! , lis+ PS,N , i • -SENDER: • SECTION ■ Complete items 1,2,and 3. A. SigNU �� ■ Print your name and address on the reverse X E3 Agent ")so that we can return the card to you. E3Addressee ' ■ Attach this card to the back of the mailpiece, B. Reeived by(Printf Name) C. Date of Delivery or on the front if space permits. I L, r 1. Article Addressed to:_ D. Is delivery address different from item 1? ❑Yes `f Robert P.Auteri Living Trust If YES,enter delivery address below: E3No f j Nannetg r#A::,Auteri L ving'Trust 4�Ridgeon Court Whorville, NY 11949 II I III II IIII II I II I II II I I II I I I III IIII II I III 3. Service Type ❑Priority Mall ,Tm s® ❑Adult Signature ❑Registered Mailai[ _ ❑Adult Signature Restricted Delivery ❑Reglstered Mail,Restrrcted 0 Certified Mall@ Delivery ";,,:1� 9590 9402 6125 0209 7527 91 ❑Certified Mad Restricted Delivery ❑Return Recelptfor' i ❑Collect on Delivery Merchandise, 2. Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery ❑Slgriature confirmation- -- ^-insured Mail ❑Signature Confirmation 7 0 2 0 12 9 0 0 0 01 '7 9 8 0 6886 - ' i over$500j I Restricted Delivery Restricted Deh`very PS Form 3811,JUIy 2015 PSN 7530-02-000-9053 Domestic,Return Receipt r - -yam• I SECTIONELIVERY COMPLETE THIS ON. COMPLETE • „:-v EBRecelved nature A Cer�tpleJe eps T�-2,and,3, �, ❑Agent ■ Print your name and address on theerse ❑Addressee so that we can return the card to you. C. Date of Delivery by(Printed Name)■ Attach this card to the back of the mailpiece, or on the front if space permitsGrhr_1a-Addr,; Ad to• -,�- - . delivery address different from item 1? 13 Yes i I; If YES,enter delivery address below: ❑No I Robert J. Bergamini Margaret-M. Bergamini . '�, "ti ' -735172nd Street Bro�Myr' NY 11228— ' 1 Mail 3. Service Type ❑Priority Express® II 1111111 IIII III I II I II II I I10I I I I III I I II I I II III 0 AdultEl Adult Signature EISignature Restricted Delivery ❑pe�IRegistmailMWIRestricted; *Certified MailO ❑ReturnRecelptfor I 9590 9402 6125 0209 7527 84 ❑Certified Mail Restricted Delivery Merchandise S ❑Collect on Delivery ❑Signature Confirmatlor Tm ❑Collect on Delivery Restricted Delivery ❑Slgnature Confirmation 2. Article Number(Transfer from service label) ❑Insured Mail Restrlcted Delivery — ^-'-.ured Mail Restricted Delivery 7020. 1290 C11001 7980 6893 ler$soo) Domestic Return Receipt PS.Forinl381,t,'July 2015 PSN 753 : - - , SECTION THIS • DELIVERY COMPLETE ■ Complete items 1,2,and 3. A. Signature ❑Agent t ■ Print your name and address on the reverse X =V P� ❑Addressee so that we can return the card to you. B. RPce;ved by(Printed Name) C. Date Delivery l ■ Attach this card to the back of the mailpiece, -{J_ r or on the front if space permits. ? D. Is delivery address ifferent from Item 1 ❑ ? Yes r ��J If YES,enter delivery address below: [3 No I Chafes F. Cain l I MarykE.Cain 26 Wsenberry Road Bronxvilia;NY 10708-2421' E III IIIIII IIII IIIIIII II II II II I I I I IIIIIIIIII I III ❑dul3. ltSignaice turre ❑Regispe 0 tered ed M Mail PResri Adult Signature Restricted Delivery ❑Registered Mail Restricted� Certified Mail® Delivery 9590 9402 6125 0209 7527 77 ❑Certified Mall Restricted Delivery E3 Return Receipt for El Collect Collect on Delivery ❑Signature ConfirmationTM' ❑Collect on Delivery Restricted Delivery El Signature Confirmation 2. Article Number(transfer fro_m_s_ervice label)__——nsured Mad Signature Delivery nsured Mad Restricted Delivery 702G- 1290; ;00,01 ,7.98,E ,6909 over$500) DoriJestic Return Receipt �'PS Form 3811,;July 2015 PSN 7530-02-000-9053 ; r__... ADJACENT PROPERTY OWNERS—D'ACCORDO 88.-4-37 Richard&Patricia Rothbard 330 Acre Lane Hicksville,NY 11801 t 88.-4-38 Ann Small Michael J. Cannistraci 151 W. 87th Street, Apt. G New York,NY 10024-2919 88.-4-42 - Yackel Asset Management 4 Noel Court Huntington,NY 11743 88.-4-44 Anton&Katerina Radoslovich 1295 Longview Lane Southold,NY 11971 88.-5-13 Joshua Herrenkohl Joy Kilpatrick 20 West Street,Apt. 26A New York,NY 10004 88.-5-49 Patricia A. DiGregorio 1455 Longview Lane Southold,NY 11971 MTTmt= DUBIN �b30q5%MMNARQAEj,, P.O.BOX 1179 S Ri z'P 11901 $ 007.0 5 0 024N cou 1, yqh4Ml-tK6l 197_L_UZ759 0000352292DEC 21 2020 020 1,290 o[jol 7980 6879 Brendan Sullivan Perryn Sullivan 314 W. 100th Street, Apt. 4 New York, NY 10025 - X,7 E j_roa IiFE 1 50141 RETURj4 TO SENDER NOT DFLIVERAEL- AS ADDRP-sSFD F- tigg W D s C:: a.1.s ti- 9 a 9 S9 8 r' i BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ®�i*®� ®��ey®� 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®USouthold,NY 11971 9 http://southoldtownny.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, JANUARY 7, 2021 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 JANUARY 7, 2021 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.qov/agendacenter. Additionally, there will be a link to the Webinar Zoom meeting at http://www.southoldtownnv.qov/calendar.aspx. If you do not have access to a computer or smartphone, there is an option to listen in via telephone. 10:40 A.M. - LOUIS A. NARDOLILLO AND ERIN A. NARDOLILLO #7457 - Request for Variances from Article III, Section 280-15; Article XXIII, Section 280-124; and the Building Inspector's October 19, 2020 Notice of Disapproval, Amended November 12, 2020 based on an application for a permit to construct additions and alterations to existing accessory garage; at 1) located less than the code required minimum rear yard setback of 15 feet; 2) more than the code permitted maximum lot coverage of 20%; located at: 3850 Camp Mineola Road, Mattituck, NY. SCTM No. 1000-123-5-18. 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: December 17, 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 ��0� S0!/j�� 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora .1L Office Location: Eric Dantes �, Town Annex/First Floor, Robert Lehnert,Jr. • COQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento ��yCOUM`l Southold,NY 11.971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 December 7, 2020 Dear Applicant; Due to public health and safety concerns related to COVID-19,the Zoning Board of Appeals will not be meeting in-person. In accordance with the Governor's Executive Order.202.1,the January 7, 2021 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 December 30,2020. 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 December 28,2020, 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 property which is across from any public or private street. We ask that you send your mailings promptly so that if any piece is undeliverable, you can reach out to your neighbors to request their mailing addresses, and re-mail. Mailing to be done by December 21,2020. 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. s Instructions for ZBA Public Hearing 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 kimf@southoldton=.gov or elizabeth.sakarellos@town.southold.ny.us c. Instructions for Laserfiche/Weblink to view all pending applications. (Enclosed) Link to view pending applications: httg.//24.38.28.228:2040/weblink/Browse.aspx?dbid=0. 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 be reached at 631-765-1937. Contact us via email or by phone if you need further assistance. TownOfSouthold,>-,Assessors;>`.Assessment Books/Tax Rolls;}_-2010-2019?_:2019 http•//24 38 28 228:2040/weblink/O/doc/l022250/Pa eg l aspx. IMPORTANT INSTRUCTIONS: Scan and email the USPS mailing receipts, green signature cards and affidavits to kimf@southoldtoMM.gov, and promptly USPS mail the originals to the Town of Southold _ZBA PD. Box 1179, Southold,NY 11.971. Please note that without your mailing receipts,-the ZBA,will be prevented from conducting your hearing pursuant to New,York State Law. Please be reminded that New York State Law requires the ZBA to follow the above specific policies. If for any reason, you are unable to prepare for your public hearing as instructed, please let its know. Sincerely, Kim E. Fuentes Board Assistant kipLf@southoldtonM.gov Ti E uF H EARI 14i� The following application will be heard by the Southold Town Board of Appeals VIA ZOOM WEBINAR - REFER TO ZBA `4@BSITE FOR AGENDA on http : southoldtownny. niov NAME : NARDOLILLO , L . & E . #7457 SCTnn # Nm 1 000- 1 23-5- 1 8 ' VARIANCE : YARD SETBACK LOT COVERAGE REQUEST: ADDITIONS AND ALTERATIONS TO AN EXISTING ACCESSORY GARAGE SATE : THURS . JAN . 712021 10 :40 AM You may review the file(s) on the town 's website under Town Pecords/Weblink: ZBA/ - Board Actions/ Pending . 1 1 13A Office telephone (631 ) 765-1 809 • t yry �ToeE�1uZ Va%��N `a ° ya# fn x'¢'Z`k. ,1..'Q '�J„1 Qs `� }' ,ii � . ate. z,"•, ♦4 `A"a>3i 7 a 'r• 4c r�, �}*„�r sifist s, 74V • ,� 39CtA4 4ti .R Y.[s' t.,• r•ty �b.. 44�t T +!`+'r{'n, S"' SX d A1EI7La �b; � Fr 'SC�.� S�, � �� rv�sov�£. � isea�.•.sl� ; �t km+.� rai T a�if a ''�i ti4 c3 �X '� it a �`� Ys'•ti, 'rr a r 3Yp� r '; -tial 3 �2�5Sa. r 't' a`+. 3 f , + s .r • ?} f to c� <;M.� "i�a,��'�• °?ii.`q'; •,�".4�Vwg�f i�' }�.r� Lay w�� - WIN go gm,� ;: •iLYN�y"i'Y}k-+lY� i �+�"'�t F X G V� � � � #{�,v'v �'�"CP�� JrY Y� Ta` 4 y _ ,5!''. �� .t $+'C a 1- 't'-r 1� a,�, •dx y•�"f t z t tjal.r `«i`t ';sa i 1 .` j 's,� ,Y.Ay� 1Y+' � v�ra •y� a~ ti • ��a n.,, r d,; b. r T,�,- �'t GGtia � 2 r e +ate.3d »Ta fi.:e'i yG^;s '�� a r"d• •�1' "�� f°' r` �€ F t. t atm. •�� a a�aa• �" r x +', �,-„� xk t,ls'� r t� yra �'F T` � 4x�'� Y �i 4s; e - ^tK ttS r Laserfiche Instructions ZBA Files Page 2 Laserfkhe We4Link _,t'; ?MwebUnti i_Hq+P•1:1O6k S1Vib e -Home,-,Browse -search, To+xnOfS6utholds2onirigBoard ofappeals(28N`-M --•_ _ `�-� - - - - - -��'^T= _ - `-_ �l Name Page count Zoning Board o@Appeals - - a i (ZBA) r J-ED Alphabetical Vide: Boardactions --- -_-- -- '- ----- ---- -- -- - -- - -- I taserfletre Search Guides t Path ;'1 Maeung SciredWes _ _ 1.X1�.jc1.1onng8w C3 of Appeals I; MInutes,/AgendasILegat Notc'es/Hearingz Creation.. i 0 Pending t 711 DR.p0112,1716 PM -M Reports_ 1 Last modified 1 - - - _ ... .. .. ... ..... .... .. ... ......... _.._ .. ..,. ...... 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ZBA Decisions can be found under Board Actions: Click on "Board Actions"folder to open. � ;Yy-�.,< r5* •;«_-•'wi Y.,+ '.[+':5=_'"ta.w'•w_sRTZ-_',' f"--.tSx4'.ALS:-fie~:'-T:Sur'•�L• �-.SC! .. x `'.S�'a�'Srr^^-�.-;'r- •rrs arc=F` s � ''F. s;„ - •. v E tr "�' '„� a �.•• wj, `� ��-,1=�3 '"a<�^ • 1:�serflttie,kVebJ.iti�� -__ _� __ _ _ '_�� :�i-•, ,r,,,r�Y� - ,:.-+..;;-�,...�.n...�,..�.-�:,; �� F1oJr1e �BiaWsr reh _TiitiVrlt7 izitoibn1 eiiiii, k x BiaYgf ?PeratfiF ;'•':r;_:tr - - _ -,-�-_� - - - - - ,.,._` _•�y ._ � - .,;;cit,;-1 ,_ _,,.—._I '�'",`�Ti=r " «� u'.;•si ''^h++�'° L=• .r; Z':'',..ssG.x„f ."``;R 'a t Pending; 77 _777-r-1 �9025 W1AIMR43rjO LES $b71,7�4. 1NAC Patti- ( {' e frAsn f Li c '. .�.� eT !.',�..��.FEC#T•IIGRECYCLdN,`t�`Fll(iGtC_ �...._�_.....,•.__,.........._....,_.,.._. =_w....._...,.• , ,....... ` " r I _l �7HE E�C1A11ES: creation date €737aEi erld toDtOis; A _ ._.m _- _ . .._.. ... •, s - -` '�'a�3�9-sdhifjori$Fast='I_o96=:t�-3'1:. 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Crick folder to open. All Special Exception applications that require Coordinated SEQRA Analysis'are stored in "Pending". -tore_ ernwss,:s4nb-, `--TMt1S1n?IRt16W>ZomhBadVdufMD,�s1]BAIr a0.irdAttlOftl>�eti- �'�;��T�.'� - __ _e_:�..._-._....�r :_ ;-.�, .=.;. ._......Lt.�:......� -� �j?=:- - _ `. -_' _ T, �i ,.._',;'•`� :.fir 2017 ^^ {ir��Name _ _ __ 'PM 9wvd .°1eo. i ' °.fttaw`w' c}r'" �7,� °-� •;�c -_'--=-1-! 1L 6668 36) Board7Nom .__..- .-. ..-.. >;-•FyrdjyPl9Pab66�7F _,�'�. .. _ _ .____._ _ P.m 699] 96 6aaAADYaU ofAPprab QeA7�Wmrd I. J 7001 190 Board6mmf_. ___ __ .._ _ _ _ _ 66 - Board Atllau veamn Bale CB mn n - ¢oa•diaan rasr nlodtkd ( 7413 73 Bolyd Ara9n9 BI]N2017Y1&51 AM [ t ]Bu 116 BoadAmmn B duuom I d:016 511-- 8wrd/•Ld016 I i k�]o]o se a9,rd.amwn 59_ - B9ara]m9m - �]on >s eoudsnwro 7033 335 - BoardKtlom 1-i g 7oxa m ma.d.awn 218 OwAActlwu 1 7037 00 Board k69of ' 7036 63 aWltl Mbm T039 3 Board M�9na ^v milli a o,vrri 4a'm. Above: See listed File Numbers. Click on file you are searching. Laserfiche Instructions ZBA Files ti - Page 4 ' - ' ,• -wnwrkw,,'�,t.3.ns+rn!.�Y'xMV".pa,-", n.cussr.Fa+narrRl:h9+AwA4,a.:,m,'`C a9"""","''.L i • .. kan'-w shal Above: In addition searching by file no.You can also use the above search tool by typing the name or title of the applicant. LazerficheWebF nk. �, �- . ,jmsr� _=.=M Home •8roW5C '; SCarch - — �, - ' I�cu�siamhe sSearch —_ - -j - Sortresultsby, Relevance :I,Ramrds Management SearN 7016 •Fled name v ^rt > I Board Actions-83 page(s) C1_.flew ® _',� Page mount 83 Template name-Board Actions ��--- �s. _i Page 3..Colin and Kristen Cashel PROPERTY LOCATION 162 Lower Shingle HIII,FMer_ Page 4...19.2017 07016.Cashel SCTM No 1000-9-1-26 minimus approeal to rema_. Page S.y 19,2017 X70MCashel SCfM No 1000.9-1-26 GRANT,the variances as_ -I Se h mans I Pagel)..COLIN&KRISTEN CASHEL SECTION 009 BLOC. .�i —7_1 Page 20_Thomas Mlgren(Cashell PO Box 342 Fishers islancLW {`--- (r show more Information. ®7018 Board Actions-56 page(s) Page count 56 Template name:Board Actions' Page 48-9:30A.M:COLNCHSHELANDVarlancesundu Article ldSectlon ANN_ Page 48...ance(s)KRISTEN CASHELA7016-Request proposed trellis located In other tha.- `,� showmareinformation_. 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. Laserflche WebUnk — ;rnw+ I.i�ela t A[out I sq ,^Home �BfdWse. Search TownOlSouMoW>Zoning Board of Appeals(ZBA)>MinuteslMen dasAi$a1N6dcK1r1 rings= - - - - - Minutes/Agendas/Legal—.. - Nar"aPagecount Notices/Hearings i M 1957.1979 - • _- _ - '' i in 1980.1999 ftl 2000.2009 Path �' i TownOlsouthokRZoning 0oard - t 03 2010 OtAppeals 2011 (ZBAWvnurWAgendzVLegal tbtkes/t{eddt�s 1 , r' 2012 Creation date );7 2013 7/1012001257.40 PM i E 2014 r: Last modifiedCa 2015 ' 12116/2016 215'14 PM y 2016 2017 i No metadat s ass.gned . Page 1 of 1 11 EnD - 'amovyx ux�psutµamaErreenRAeWdaek9 F159L%M Nd�.IxM1'lssxcttntl.- _ _ _ . _ _ —__. ___ _ _ Above:Also, Minutes,Agendas, and Hearing Transcripts can be viewed. Laserfiche Instructions ZBA Files Page 5 Lasertkhe`WebUnk.77 = = My1Ned i1�d 1'tteip t Aeauf i —Home4'B_rov e'`Search' 7wmQfSoutho:dy76m_ng BoardOfApp@ats(Z8A)>N'nitte`5l?er'tdaS(Legal_ftotlt --- - n' --- - _ - - - -- - '-1-•e15 - __ - _ _ - �t...-....�_.-... „i 2017 } Name �.w. _ t Page count J- PK JfF°t,= ` ", .ar 1 {•��`- —' - --= r—1"-:.:_�.,--� Q1 Zt3A-01/032017 Agenda 4 4 Path Z9fM11052017 Heanng 40 _t TawnOfSouttwld0cming Board ofAppeal5 t-� 1'a ZOfW1/052017 W 3 (ZEW\MinutesfA8enddslRp1 NoUces(Heartrygs12017 _ -- ,. __.. (1 z0A-av=017 Agenda 2 Cre .- -----——-'------ adondate 12/16/20162:15'14PM ZOA-02/022077 7 last modltied '! ZOA4)2/072077 Agenda 4 1 671917Dt759PM i ZO/02/022017 Hearing - 45 ZBA-02/16rM7 Agenda 3 .i No metadata assigned 1 ZB"2/1620175pedal -__ 3 :edwc&.Resultt ` zaA43=no17 _ _7. ftap�iihin!?I?sfr2 ; 1 ZOA-010212017 Agenda - -- _ 4 + 21 ZOA-D3102/2017 Hearing 65 r i t o ZOA4)31M2017 W 3 t _ ZOA�03/1612017Agenda 3 i ZEA W16r2017Special 3 r s ZOA-04/06tz017 enda 4 -� I't 1 (`�ZOA4VOS 017 Hearing 43 -�-`-".•---_ Above: Agendas, Minutes and Transcripts are in chronological order. Revised 6/15/2020 �cs� t�+ TYPESET Fn Dec 11 10.56:42 EST 2020 #7452-Request for a Variance from Arti- LEGAL NOTICE !-le XXIII, Section 280-124 'and the SOUTHOLD TOWN ZONING BOARD Building Inspector's October 28,2020 No- OF APPEALS Ace of Disapproval based onan application THURSDAY,JANUARY 7,2020 at 10:00 for a permit to construct additions and AM alteration to an existing. single family PUBLIC HEARINGS dwelling;at 1)located less'than the.code This PUBLIC HEARING will be held vir- required minimum front yard setback-,of tually via the.Zoom online platform.Pur 35 feet; located at:265 Rackeits Court, suant to Executive Order 202.1 of,New :Orientq NY.,SCTM;No.100t!17=6.9,.1, YoSk Governor Andrew Cuomo in-person 11:00 A.M. -BILL AND JOAN KING/ access by the public will not be permitted. OLD-SALT ROAD.,LLC#7451-Request The public-will,have access to view,listen fora Variance-from Article WM-'Sectipn and make comment-during the meeting as, 2$0-124and'tbe:BuUdingln'spector's,cto- itis happening via Zoom W,ebmar.Details. Tier 13,2020 Notice of Disapproval based about how to tune-in and make comments on an application fora permit todegalizean during the meeting-are on the Town's web- 'Fasbuilt"raised.patio;at 1)heir¢than the site agenda for this meeting which may be Fpile permitted maxiirl m.lot coverage of 'Viewed athttp://:Y%vw.southoldtownny.gov/ ;204,;.loeatedat.-770.O1dSaltRoad(AAj.to agendacenter.Additionally,there will be a' ,GreafPeconic Bay),MattifuckyNY.SCTM link to the Zoom Webinar meeting athttpt/, lye:jgo0-144:5-14 %vYww.soutboldtownny.gov/calendar_.'aspx. A40-P.M;-THOMA5-RY_dMAN_AND Contact our office at 631-765-180J fpk ad. PAMELA WILSON#745}-.Request for a ditional.informatfon. Use Variance from Article HI,'Sectibff-180 10:00 A.M —SALLY HULL#7448-Re6 -13(C)and lite Building.Inspectri 's Qeto- quest for a Variance from Article X%III, 'Pet 27,2026 Notice of Disapproval based Section.280-124 and the Building Inspeb on an application for a permit to alter an toy's October 13,2020,Amended October existing accessory„garage to an artist stu- 21,2020 Notice of Disapproval based on an dlo;ail)proposed improve non"oes not application for a permit to legalize'"as constitute a permitted accessory use; 10- built`�-alterationsto an existing single fam- sated a(:1,405 Village Lane,Orient,IVY. ily dwelling to include an attached front SCTM No.1'000-25-3=1. porch not included in the original permit; 1.16 P.M. - D. CANNIZZA.RQ APRT/ at„i) located less than the code required JOHN MH,TA'K_IS#7453-Request for a minimum front yard setback of 35 feet;- Variance from Article XXIII, 'Section located at:555 Bridge Street,Greenport, 280.124 and,the Building Inspector's No- NY.SCTM No.1000.343-52. vembef 5, 2024 Notice of Disappropal 10:10 A.M.-A. V.•_'FRAME.LLC#7449- based on an 8pplieation for`a-pdrmit to Request for a Variance from Article III, ;legalize an"as'.builN' deck addition and Section 280-15 and the Building Inspec- 'construct additions and alterations to an tar's'October 13, 2020 Notice.of Disap• e;usOng-s ugle family AW41119; at 1) to- provalbased onanrapplfcationfor apermlh !datedleWthapthe code regi WAmihitnum to,eoinstruct an acce'ssor'y tennis courts ate) .side yard setback of 1016t;located,af. located in other than the code,permifted, '1460 Strohson Road(Adj. toBaidwin's _ rear yard;located at:640 Skippers Lane, -Crgek), Cqtchogue, N'1'. SCTM No, Orient,NY.SCTM No.1000-24-1=111. -1660-i()340-29,1. 10:20,A.M. -ELIZABETH WbFURSE 1:20P.M.-IRA AND SUSANAKSELR•AD #7450-Request for a Variance from Arti- #74515-Request for a Variance from Artier cle XXIII, Section 280-124 and the cle X04 Section 280.116A(1) and the Building Inspector's September 28,2020 Building Inspector's September 24,2020 Notice of Disapproval-based on an applica- Notice6fD!sapproval based onan applica- tion for,a permifto construct additions,an& don1or a permit to construct-additions and alterations to existing single family alterations to on_existing single family dwelling;at 1)located less than the,code ilvselling;at 1),Iocated less than the,code required minimum front yard setback of required.100-feet from thetop ofthe.bluff; 50'feet; located at: 776 Bell Hill Avenue located-af:41'25NassauPointRbad(Adjao. (Adj.to Hay,Harbor),Fisher's Island'NY. ,Little Pecoiiic Bay), Cutchogue, NY SCTM No.1000-9-3-21. SCTM'No.1000-111-9-6.4. 10:30 A.M.-ADAM D'ACCORDIO'0451 The Board of Appeals will hear all-persons or Request for a Variance from Article their representatives,desiring io be'heard at XXIII,Section'280-124 and the Building eaeh-heanng,'and/or desMngto:subiiiit writ- Inspeetor's October 6,2020 Notice of Dis- ten statements before the,cJnciusidn of each approval based on an application for a per- 'hearing. Each hearing will,not start earlier mit to construct an accessory swimming ibau designated above.Files are-available pool;at 1,)more than the code permitted for review 'on The 'T'own's Weblink/ maximum lot coverage of 20%;'located at: Laserilcheeunder Zoning Board of Appeals 1450 Longview Lane,Southold,NY-.SCTM (ZBA)-hoard Actionsilrending:Click Link: No.1000-88-4-43. http://24.38.28.228.20407weblink/ 10:40 A.M - LOUIS A. NARDOLILLO Browse:aspx?dbid=0.If you have questions, AND ERIN A.NARDOLILL0#7457-Re- please telephone our office at(631)765-1809, quest for Variances from Article IH,Sec- or by email:kimf@southoldtownny.gov tion 28015; Article XXIII, Section Dated,December 17,2020 280-124;and the Building Inspector's Oc- ZONING BOARD OP APPEALS tober 19,2020 Notice of Disapproval based LESLIE K A N E S. W E I S,M A N, on an application for a permit to construct CHAIRPERSON additions and alterations to existing asses- BY:Kim E.Fuentes sory garage;at 1)located less than the code 54375 Main Road(Office Location) required minimum rear yard setback of 15 53095 Main Road(Mailing/USPS) feet;2)more than the code permitted maxi- P.O.Box 1179 mum lot coverage of 20%a;located at:3850 Southold,NY 11971-0959 Camp Mineola Road, Mattituck, NY. 2526770 SCTM No.1000-123-5-18. 10:50 A.M. - GEORGE CAVAGNARO -r #0002526770 S'K'ATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) "Lori B azata�� of M44ituQk,in said,6tj",being duly sworn,says that she is Principal Clerk Of THE SUFFOLK.TIMES-- --,a weekly newspaper,published at Mattituck,in the Town of Sduthoi0j,-County of Suffolk,and State of New Yojk,and that the Notice of which the annexed is a printed cppy;`has b'04`fegti( arly,ptibiished in said Newspaper once each week for 1 weeks(s),successfully commencing on •42,13112020 Principal Clerk Sy�ori :to'12efgre me this' day of IL �. .. _.. _ ,l• BARBARA H.TANID�Y York Notary Public,State Of y' No. 01 TA6086"001 ()ualified in Suffolk County issi Expires 01/13/20 Comm on Matt and Jill Perry 3200 Camp Mineola Road Mattituck,NY 11952 Jan 5,2020 Town of Southold Zoning Board of Appeals P.O. Box 1179 Southold,NY 11971-0959 Re: .Area Variance Application of Louis and Erin Nardolillo Premises: 3850 Camp Mineola Road,lVMattituck,NY SCTM#1000-123-5-18 To the Members of the Zoning Board of Appeals: We reside on 3200 Camp Mineola Road in the vicinity of the Nardolillo property. We are aware of their request for lot coverage and rear yard area variances to allow them to expand the garage on their property. We believe that the proposed garage will be in character with the other garages on Camp Mineola Road and have no objection to the granting of variances. Matthew J Perry 1 r Name and Address Town of Southold Zoning Board of Appeals P.Q. Box 1179 Southold,NY 11971-0959 Re: Area Variance Application of Louis and Erin Nardolillo Premises: 3850 Camp Mineola Road,Mattituck,NY SCTM#1000-123-5-18 To the Members of the Zoning Board of Appeals: We reside on Road adjacent to/near/in the vicinity of the Nardolilloproperty. We are aware of their request for lot coverage and rear yard area variances to allow thein to expand the garage on their property. We believe that the proposed garage will be in character with the other garages on Camp Mineola Road and have no objection to the granting of variances. David&Jessica Levi 4415 Camp Mineola Rd Mattituck,NY 11952 Town of Southold Zoning Board of Appeals P.O. Box 1179 Southold,NY 11971-0959 Re: Area Variance Application of Louis and Erin Nardolillo Premises: 3850 Camp A iineola Road,Mattituck,NY SCTM#1000-123-5-18 To the Members of the Zoning Board of Appeals: We reside at 4415 Camp Mineola Load adjacent in the vicinity of the Nardolillo property. We are aware of their request for lot coverage and rear yard area variances to allow them to expand the garage on their property. We believe that the proposed garage will be in character with the other garages on Camp Mineola Road and have no objection to the granting of variances. r r t r Robert P Auteri 3885 Camp Mineola Rd PO Box 622 Mattituck,NY 11952 RECEIVED January 4,2021 ,IAN 6 2021 Zoning Board of Appeals Town of Southold Zoning Board of Appeals P.O. Box 1179 Southold,NY 11971-0959 Re: Area Variance Application of Louis and Erin Nardolillo Premises: 3850 Camp Mineola Road,Mattituck,NY SC'1 M#1000-123-5-18 To the Members of the Zoning Board of Appeals: We reside on Camp Mineola Road adjacent to/near/in the vicinity of the Nardolillo property. We are aware of their request for lot coverage and rear yard area variances to allow them to expand the garage on their property. We believe that the proposed garage will be in character with the other garages on Camp Mineola Road and have no objection to the granting of variances. RP Auteri SURVEY OF PROPERTY SITUATE MATTITUCK TOWN OF SOUTHOLD CERTIFY TO: SUFFOLK COUNTY, NEW YORK * LOUIS A. NARDOLILLO. 0 20' * ERIN A. NARDOLILLO. Cqt,)aro ,,�f* FIDELITY NATIONAL TITLE INSURANCESCTM# 1000 -123 -5-18 SERVICES, LLC.AREA= 12,701 Sq.ft.0.29 Acres. CITIZENS BANK NA, ISAOA, ATIMA. ■ =concrete monument found NOW OR FORMERLY NOW OR FORMERLY JACQUELINE M.FEDYNAK MARGARET M BERGAMINI RAYMOND E.FEDYNAK ROBERT J.BERGAMINI CHARLES CAIN roof stk fen MARY CAIN eave 0.5's N 85010'00" E 50.00' N 85015'00" E 50.00' 10., o.,'e p 11= _ _ _ _ _ _ _ _ _ 1.8' roof _ _ _ -A-A- save 0 3f's stk fen V stockade fence 1 0.8'e 03'w 0Z;W 7's w Sned i 1.9'e a 'd 19.1' � coao �ov � ,0 3' frame e ! I I �m 87, Q�0 over wood m hang deck o 4.•tt lean-to 'ori I I 20'e G' N m18.2' i m 1• ave © x I roof 0.9'e ° save I{i 1{1 - - - - � 07'w G71 o � frame m H �a sned W , ( c (Z 4, slate$concrete O patio i r bock ste s wocdl� Em jDm � storag� N O d � � 0.5, 242' - — s•e s � SO: no 3pDB I �. m0A0 r 03 m m-n oof 55mm0 P Ph m � 22m ooqNov. I m \1 z� 12 1' 2-stoty� frame house o s eps° 8 m I M ° siV I 12 2' I C� o N rad road O s I `� I les F op np rech o 03'e I I 243' � 44.6' 18.8' 1.0'a ~jl ylla S ePs L7 I I � �`�11 a — — — — — — ' F6 I m 0 slate wales — o�f3 106�n 1W it road �� o ties n$se I � U3�6Z, / \ o3'e / 1 / I / ' I s 0"00\001% °O0\oo ROAD OF � 1v11�EOLA ��®�� c�� CAAlfp [a Q UWWTNO0.0EOALTE0.ATIONORPDOO�ON TOTNI66UIiVEY q® 0.Y®Dqa IBAVIOIATIOHOF BECIIONTABOf NEWYORX STAIEUW `A- V TVi{$ OOPIE"OFTH59URVEY MAP NOSOFANN°THEUNSI 9U O NNEO SEAL O0.E110055F0 1441 SEAL 5NOi BE CON510 EREO TTO M BE AVAW OOFY GUMANIEEBOROERTFIGTNNS0101GNBFS EON 000 HI50"`E FTOTHEii11Ef W °0HE5VE0.AWFMA SE �D ANOLENOINOINBTINiION US E0HEREON,MIDTOTHEA55SSN OFTIEIFNOWO WBIIIUION OUNVNIEE90RCERlIFIGTOK9ANE " NOTTRANSE0.ABLETOAOOOroNA4W5RNSION600.sU05E0UEM OERS°"°�°R°°"°°R nESAN°F«E4°G"°NSAPENOT JOHN GALLACHER UAW .O EA9ER�lISBANWDR6UBSUPFAt£BT0.UNN P REOOME000.UNREO00.0EOA0.EN CFTFESU UNLE99FHY51OVLY - ENOENi°HTMEFAEt^ISFb.**HETLLIE°f THESURYEY TME0FF5E1 LAND SURVEYOR LIIENfiN)N OWN NEAEONFROMTHE S USONFi9 lNEREFOREAAENOT TOTHEFItOP F LINE5A0.EWRABPEGGICFIIRPOSEAAmU6E NPAoMW 59 FLORENCE DRIVEV°OLSn0RONF/SADOMNOTBUU.DWOH N of " �°s� aw MANORVILLE N.Y.11949 FE0.ry THELOCA DN50FEABE WSORFUG OFWWYOF RELORO ARE6NOWNHEREON ONLY IFLOi1E90FTHE U1510.UMFN19 SURVEYED: JANUARY 30, 2017 (631)-874-0400 AAE R0.0V0)SHOME6URSNOKY REVISIONS ix:2/20 51 TE GOVERAGE RECEIVED � qsj NOW OR FORMERLY OCT 182020 JACQUELINE M. FEDYNAK RAYMOND E. FEDYNAK tonin Board OfAppeals I 18 _2SIT � NOW OR FORMERLY PROPOSED STAIR 28 -O MARGARET M. BERGAMINI TO UPPER LEVEL 50.00 SCTM # 1000-123-5-18 W ROBERT J. BERGAMIN I !! E CHARLES CAIN N. 85 1_� PROPERTY: 3850 Camp Mineola Road MARY CAIN N 85.10'00" E 50.00' Mattituck, NY 11952 • 0 • oo N _ frame OWNER: Lou and Erin Nardolillo �.• — garage 420 Bray Avenue Q Laurel, NY 11948 F /` TEL. # LU REMOVE EXISTING // � � Z _ THREE (3) SHEDS _ -P _ SITE: 12,701 sf = 0.29 ac J / AREA co) I __ J � L ZONING: R-40Uj OUTL I NE OF _ _ _. .� I / FLOOD: AE-6 I EX15T1NG TERRAGEr-- — I ZONE O — —► TO BE REMOVED I I I r rl� I I EXIkIN& • SURVEYOR: John Gallacher, LS, LLC (n0 III NEIN STONE TERI�GE DRI�IEWAY $ • _ I� —_ I m 54 Florence Drive WATGRADE Manorville, NY 11949 631 8740400 V $ • / I DATED: X - / NOW OR FORMERLY DATUM NAVD 1988 � I Q I / + .� EDNA BEIRNE / 10 — MICHAEL E. BEIRNE O 4.1+ 51D � I YA D C7 Z 15ET33 GiG � oC1 v - • 4° le dtST LaClON I • `�° .o IMA CK S I 15'-0" z g YARD m �� 51 DE GIG ;rtrrvsaip I'TE I °5 Z • I �+�J•�J CD a• M • ��p raxr J 0 Ile I ° y a O e X I ST I NG dc° �$ GREAT PECONIC j zc ' ' RIVEW4 w a = a Z • W 4 W• V W c U1 Q N O a O C W. N = V • G U � r ^ 186'2 cn cn EXISTING WALKWAY AT GRADE TO REMAIN /3 62 OF EXISTING NOW OR FORMERLY PARK INGPs 0 CHARLES F. CAIN AREA >G ' MARY E. CAIN •S � p P� / LOT COVERAGE TABLE PROJECT NO: 1708 • N� SITE AREA TOTAL: 12,101 sf DRAWN BY: M`Mp UT STRUGTURE5 EXISTING PROPOSED PERGENTA OE CHECKED BY: G P HOUSE: 14,05 sf 1,405 5f 12.0-10/6 DATE: TS PORGHE5: 460 5f 460 5f 3.62% 6/24/20 1DEGK5/5TAIR5: 220 sf 2-75 5f 2.1-151/0 SCALE: SHEDS: 300 sf O sf O% 1" = 10' - 0" GARAGE: 365 sf 8q6 5f -1.050/0 SHEET TITLE: TOTAL: 2,122 sf 3,100 sf 24.41% SITE [P` L 1,k PLAN SCALE: V = 10' - O" SHEET NO: REGULATORY APPROVALS RECEN s� O C t 1 8 2020 Zoning guard OFA Ppeats w - - - - -- -- - --- - - - - - -- - - - - - - O 7771 Alm I I �- Lu I I Q I w I J ❑ / STORAGE LOST _ � d — —— —— —— —— — —— NON-Hr4BITABLE SP�4GE O -- - — - -- -- -- --- VN N w JUL V JEJ o i � I I I O I ~ warm, — — J � - - -- - - - - - - - -- - -- - O v 0 F— WEST a a ELEVATION- SCALE: 1/4" = V -0" SCALE: 1/4" = l' -O" 251—011 06 z co Q• M Oa r � W J• w z Q /r, /, i �, / ------ -j - - / = W = Z LL. Q JH E uj• N ,. 77 1 un co ol I I [1-3 I I I u cl ciss��Rc� --- -- --- - - -- AIL-1 PROJECT,NO: 1708 \ j DRAWN BY: TS � CHECKED BY: -j- zluuTH ELLVAT-10' N DATE: SCALE: 1/4" = 1' -0" UP 6/24/20 L — SCALE: 1/411 = 1' — 0" MrEft Amok SHEET TITLE: KbT FLOORm"'PLAN- SCALE: 1/4" = l' -O" PLANS ELEVATIONS SHEET NO: REGULATORY APPROVALS BOARD MEMBERS ®F s®U Southold Town Hall Leslie Kanes Weisman,Chairperson �� ® 53095 Main Road•P.O.Box 1179 �® �® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantesu y Town Annex/First Floor, Robert Lennert,Jr. ® a 54375 Main Road(at Youngs Avenue) Nicholas Planamento ®�yc®u Southold,NY 11971 9 http://southoldtowimy.gov ZONING BOARD OF APPEALS ��nn TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631) 765-9064 �� \ November 19, 2020 C" 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 : # 7457 Owner/Applicant: NARDOLILLO, LOUIS A. Action Requested : Additions and alterations to existing accessory garage. 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 person Encls. Survey/Site Plan - Samuels & Steelman Dated : 11/12/20 (Revisions) BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson O��f SU(/rypl 53095 Main Road•P.O.Box 1179 O Southold,NY 11971-0959 Patricia Acamporac Office Location: Eric Dantes cn ac Town Annex/First Floor, Robert Lehnert,Jr. O iQ 5437.5 Main Road(at Youngs Avenue) Nicholas Planamento �yCOUNiY Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS - TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 February 10,2021 Martin Finnegan,Esq. Twomey Latham Shea, et al P.O. Box 9398 Riverhead,NY 11901 Re: ZBA Application#7457,Nardolillo 3850 Camp Mineola Road,-Mattituck SCTM-No. 1 Q00-123-5-18 Dear Mr. Finnegan; Transmitted for your records is a copy of the Board's February 4, 2021 Findings, Deliberations and Determination,the original of which was filed with the Town'Clerk regarding the above variance application. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of the attached determination to the Building Department. If you have any questions,please don't hesitate to contact our office. Sincerely, Kim E. 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