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�n ISYS.
BOARD MEMBERS Southold Town Hall
Leslie Kanes Weisman,Chairperson 53095 s®�riy®� 53095 Main Road•P.O.Box 1179
Patricia Acampora ® Southold,NY 11971-0959
g Office Location:
Eric Dantes v, tw Town Annex/First Floor,
Robert Lehnert,Jr. ® aOQ 54375 Main Road(at Youngs Avenue)
Nicholas Planamento ®-.4- ,� Southold,NY 11971
uffN
http://soutlioldtovmny.gov RECEIVED
ZONING BOARD OF APPEALS d, �,;( � (9 g:VAM
TOWN OF SOUTHOLD MAR 1 2021
Tel.(631)765-1809•Fax(631)765-9064e��4 0 •
FINDINGS, DELIBERATIONS AND DETERMINATI NSOU ®ed T°wn Clergy
MEETING OF FEBRUARY 24,2021
ZBA FILE: 7461
NAME OF APPLICANT: Peter & Valerie Sakas
PROPERTY LOCATION: 65490 Route 25, Greenport,NY, (Breezy Shores Cottage# 16)
SCTM No. 1000-53-5-12.6
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 20. 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: 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 his recommendation dated January 23,2021. Based upon the information
provided on the LWRP Consistency Assessment Form submitted to this department,as well as the records available,
it is recommended that the proposed action is EXEMPT from LWRP policy review and considered a Minor Action.
PROPERTY FACTS/DESCRIPTION: Subject parcel is located in the R-80 Zoning District and contains 82.6 acres.
It is improved with three dwellings, a brick building,two garages, 28 seasonal cottages and 20 sheds. Access to the
property is via Sage Boulevard, which is a private road, and the property is adjacent on the south to Shelter Island
Sound. The Breezy Shores community is a unique property deeply rooted in the history of the Town. The multiple
cottages on the property are pre-existing non-conforming use that was established prior to zoning by the Sage family
in the early 1900's. The cottages previously housed employees of the Sage family brick factory, and after the
brickyard closed,they were rented as seasonal cottages. In 2000,a real estate cooperative,Breezy Shores Community
Inc. was established, and shares were offered as an ownership interest in the Cooperative. The cottage at issue in
this application is known as Cottage # 16. , as shown on a survey prepared by Howard W. Young, L.S. dated
December 12, 2013 and a Site Plan of Breezy Shores, showing proposed improvements of 17 sq. ft. prepared by
Frank Ueullendahl, last revised October 12, 2020.
BASIS OF APPLICATION: Request for a Variance from Article XXIII, Section 280-123 and the Building
Inspector's December 8, 2020 Notice of Disapproval based on an application for a permit to construct additions and
alterations to an existing seasonal cottage; at 1) a non-conforming building containing a non-conforming use shall
Page 2,February 24,2021
#7461, Sakas
STM No. 1000-53-5-12.6
not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a conforming use;
at: 65490 Route 25, (Breezy Shores Cottage#16, Adj. to Shelter Island Sound) Greenport,NY. SCTM#1000-53-5-
12.6.
RELIEF REQUESTED: The applicant requests a variance to construct additions and alterations to an existing
nonconforming seasonal cottage measuring an additional 17 sq. ft., less than 3% increase in overall size,when such
changes to a nonconforming structure containing a nonconforming use are not allowed by the Town Code.
ADDITIONAL INFORMATION: The file contains a memo submitted by the Board of Breezy Shores Inc., dated
November 25,2020, stating their approval of the applicants proposed cottage renovation.
FINDINGS OF FACT/REASONS FOR BOARD ACTION:
The Zoning Board of Appeals held a public hearing on this application on February 4, 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:
1.-Town Law 4267-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. This unique property represents its own neighborhood of 82.6
acres. It contains substantial buffer of wetlands along the northern boundary of the property, and the enclave of
cottages is sufficiently removed from other adjacent neighborhood properties so that adjacent property owners will
not be affected by an additions and alterations.
2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible
for the applicant,to pursue, other than an area variance. The existing seasonal cottage is a pre-existing non-
conforming building with a pre-existing non-conforming use. As a consequence of the non-conforming status, any
proposed additions and alterations will require relief from the code.
3. Town Law 4267-b(3)(b)(3). The variance granted herein granted herein for the alterations and additions is
mathematically substantial, representing 100% relief from the code because Section 280-123 prohibits the
enlargement of non-conforming buildings with non-conforming uses. However,the proposed addition of 17 square
feet to the existing structure represents 2.95 % increase in the size of the pre-existing cottage footprint, and the
purpose of the alterations are to upgrade the bathroom,replace and raise the porch roof in order to be code compliant,
and to add a loft dormer. In prior decisions related to other Breezy Shore applications involving proposed increases
of 3%or less in the size of these pre-existing non-conforming cottages,the Board has determined that such increases
are reasonable and necessary for maintenance and updates and are de minimus in nature.
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.
5. Town Law §267-b(3)(b)(5). The difficulty has been self-created since 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. However,to
the extent that a seasonal structure such as this one periodically requires some degree of reconstruction and/or
alterations to continue the safe use of the structure,the need for variance relief is not self-created, but is created by
Zoning Code that now prohibits an existing use and activities that at one time were not prohibited.
Page 3,February 24,2021
#7461, Sakas
STM No. 1000-53-5-12.6
6. Town Law X267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the
applicant to enjoy the benefit of renovations and additions while preserving and protecting the character of the
neighborhood and the health, safety and welfare of the community.
RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New
York Town Law 267-B,motion was offered by Member Lehnert,seconded by Member Acampora,and duly carried,
to
GRANT the variance as applied for, and shown on a Site Plan of Breezy Shores, and Architectural Drawings, all
last revised October 12,2020, prepared by Frank Ueullendahl,Architect.
SUBJECT TO THE FOLLOWING CONDITIONS:
1. The cottage use will continue in its current status as an unheated seasonally occupied dwelling.
2. No other alterations or additions may be undertaken without review by the ZBA,except for necessary minor
repairs as determined by the Town Building Department.
That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued.
Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays
and/or a possible denial by the Building Department of a building permit, and may require a new application and
public hearing before the Zoning Board of Appeals.
Any deviation from the variance(s)granted herein as shown on the architectural drawings, site plan and/or survey
cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving
nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback
or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other
features as are expressly addressed in this action. In the event that 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(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).
aeshe Kanes We sman, Chairperson
Approved for filing a /A�—/2021
BOARD MEMBERSSouthold Town Hall
Leslie Kanes Weisman, Chairperson ®��®f $®Uj�®� 53095 Main Road• P.O. Box 1179
Patricia Acampora ® Southold,NY 11971-0959
Eric Dantestc Office Location:
Robert Lehnert,Jr. Town Annex/First Floor
Nicholas PlanamentoR a� 54375 Main Road(at Youngs Avenue)
C®UNT`f,N ' Southold,NY 11971
http://southoldtownny.gov -
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809
May 2, 2023
Peter and Valerie Sakas
65490 Route 25, Cottage 16, Breezy Shores
Greenport,NY 11944
Re: De Minimus Request, File#7461
Sakas, Cottage 16, Breezy Shores, Greenport
SCTM No. 1000-53-5-12.6
Dear Mr. and Mrs. Sakas;
We are in receipt of your correspondence dated April 18, 2023 requesting a de minimus approval related
to ZBA determination#7461, dated February 24, 2021, in which your client was granted an area
variance to construct additions and alterations to a seasonal cottage.
In your letter,you request permission to raise the elevation of your cottage 11 inches to better protect
your home against climate change and imminent flooding events that have been experienced regularly in
your area.
I have reviewed your amended Architectural Plans prepared by Frank W. Uellandahl, Architect, last
revised April 18, 2023 and have determined that raising the elevation of your cottage is De Minimus in
nature.
Please be advised that all conditions of approval will still apply. Contact our office if you have any
further questions or concerns.
Sin ly,
Leslie Kanes Weisman, Chairperson
cc: Building Department
Apri118,2023
Zoning Board of Appeals
Town Hall Annex Building APR 2 X 2023
54375 Route 25 ZoningBoard of q
P.O.Box 1179ppews
Southold,NY 11971
RF:SAKAS 116 Sage.Blvd.Renovation I ZBA Me#:74611 Permit#:46406
Dear:Zoning Board of Appeals,
This is a de minimus request for a change to permit#:46406.
Per instructions from Amanda Nunemaker,we are submitting a de minimus change
request to raise the cottage 11 inches.This change is to better protect our home against
climate change and the imminent flooding events that we experience regularly in our
area.This will add two additional entry steps to accommodate the new elevation and
does not affect the foot print or size of our home.
We've included signed and sealed architectural plans for your records.
Thank you for your consideration,
Peter and Valerie Sakas
65490 Route 25,Cottage#16,Breezy Shores
Greenport,NY 11944 '�
I NAL MAP RECEIVED
20'-2°
7'-7° d I Q N# --� l � ) PROPOSED
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17 SF ADDITION - -
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— — GREENPORT, NY
— — 16 BREEZY SHORES
SH'D O.S. O.S. SH'D
ARCHITECT
FE/z a FRANK UELLENDAHL
123 CENTRAL AVENUE
P.O.BOX 316
5 GREENPORT, NY 11944
co TEL 631-477 8624
C-19
OWNERS
C-14 C-15 C-16 C-17 C-18 PETER & VALERIE SAKAS
242 EAST 19TH STREET
NEW YORK, NY 10003
TEL 917-592-7175
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- � - - EXT'G FOOTPRINT OF COTTAGE 577 SF 1
. . . . .
; �I+NAL MAP PROPOSED FOOTPRINT C-16 594 SF
zo
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.... . . . .
•'•• - •.- - SEE DECISION # ILE
PROPOSED 17 SF ADDITION52
. . . DATED l I- -
•- •;• . EXISTING STRUCTURES N
.`. . . .`.`.`. . .NDARY. . . .
TIDAL WETLANDS BOU
EXISTING BULKHEAD = DATE: 08/17/2020
EBBE BEACH & SCALE: 1/4' -°'
P - _ SCTM# = 1000-53-05-12.6 ; - --
___ TOWN OF SOUTHOLD 3¢ SITE PLAN
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BOARD MEMBERS OF S®(! Southold Town Hall
Leslie Kanes Weisman,Chairperson �� T�® 53095 Main Road•P.O.Box 1179
�® �® Southold,NY 11971-0959
Patricia Acampora Office Location:
Eric Dantes CIO Town Annex/First Floor,
Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue)
Nicholas Planamento ®��C®UNTI, Southold,NY 11971
http://southoldtownny.gov
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel.(631)765-1809•Fax(631)765-9064
June 30, 2022
Peter&Valerie Sakas
65490 Route 25, Cottage 16, Breezy Shores
Greenport, NY 11944
Re: De Minimus Request, File#7461
Sakas, 64590 Route 25, Breezy Shores, Greenport
SCTM No. 1000-53-5-12.6
Dear Applicants;
We are in receipt of your correspondence, dated June 10, 2022, requesting a de minimus approval for
constructing additions and alterations to an existing seasonal cottage.
In your letter, you explain that the change in your project to add a dormer to the west side of the cottage
will not affect the foot print or size of your home.
Since the amended improvements uphold the intent of ZBA Appeal No. 7461, I have determined that
your request is de minimus in nature. Be advised that all other conditions will still apply.
Please subr6f-fW6`0'A0Q signed-and=sealed com=plete:Architectur-al Plans. Contact us if you have
any further questions or concerns. I will instruct the office to send a copy of this letter to the Building
Department.
X
nes+Weisman
Chairperson
cc: Michael Verity, Building Department
June 10,2022
Zoning Board of Appeals
Town Hall Annex Building
54375 Route 25
RECEIVED
P.O.Box 1179
Southold,NY U971 JUN 16 2022
RE:SAKAS 116 Sage.Blvd.Renovation I Permit#:46406 Zoning Board of Appeals
Dear:Zoning Board of Appeals,
This is a DeMinimus request for a change to permit#:46406.
The change is to add a dormer on the west side of our cottage.This modification will
not affect the foot print or size of our home.
Proposed change:
FM
EXISTING WEST ELEVATION
AW251 AWNING
PROPOSED WEST ELEVATION
Thank you for your consideration,
Peter and Valerie Sakas
65490 Route 25,Cottage#16,Breezy Shores
Greenport,NY 11944
y PROPOSED
ADDITION
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GUTTERS AND LEADERS
Na
Ucn
FRECEIVED TO EXT'G DRYWELLS
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JUL 14 2022 � ALTERATIONS
PRO
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Zoning �rd& 'pkpFfcri;� 17 SF ADDITION _ _ — — COT AGE
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ARCHITECT
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FRANK UELLENDAHL
123 CENTRAL AVENUE
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2 GREENPORT, NY 11944
m TEL: 631-477 8624
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C-14 C-15 C-16 C-17 C-18 PETER & VALERIE SAKAS
242 EAST 19TH STREET
NEW YORK, NY 10003
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TEL 917-592-7175
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11 Ll D GREENPORT, NY 11944
0
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-------------- - OWNERS
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242 EAST 19TH STREET
NEW YORK, NY 10003
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EXISTING SOUTH ELEVATION EXISTING WEST ELEVATION
C
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123 CENTRAL AVENUE
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0
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\ 400 Ostrander Avenue,Riverhead,New York 11901
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Suffolk Covnty, Waw York
COTTASE M) E UILDIN& PERMIT 5MVEY
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RECEIVED
& '^^�'" COUNTY OF SUFFOLK
19L I
JAN 2 2021
Zoning Board OfAp eals
�p 'J`�/".gc OFFICE OF THE COUNTY EXECUTIVE
u Steven-Bellone
SUFFOLK COUNTY EXECUTIVE
Natalie Wright Department of
Commissioner Economic Development and Planning
January 20,2021
Town of Southold
Zoning Board of Appeals
53095 Main Road
P.O.Box 1179
Southold,NY 11971-0959
Attn: Leslie Weisman
Dear Ms. Weisman:
Pursuant to the requirements of Sections A14-14 thru A 14-25 of the Suffolk County Administrative,
Code, the following application submitted,to the,Suffolk County Planning,Commission is to be a'
matter for local determination as there appears to be no significant county-wide or inter-community
impacts. A decision of local determination should not be construed as either an approval or
disapproval.
Applicant . Municipal File Number
Breezy Shores Comm.Inc. (Sakas#16) #7461'-�W-19
Breezy Shores Comm. Inc. (Szarka#17) #7462
Drummond, Robert&Donna #7471
Zappulla,David #7473 l
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)853-5191
o(f�5 ►��
OFFICE LOCATION: �*®� S®��y0 MAILING ADDRESS:
Town Hall Annex ,`o l0 P.O.Box 1179
54375 State Route 25 Southold,NY 11971
(cor. Main Rd. &Youngs Ave.)
Southold, NY 11971 • Telephone: 631765-1938
Jcon,
LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD RECEIVED
MEMORANDUM 7 Lf c,o I
JAN 1.4 ZO
To: Leslie Weisman, Chair
Members of the Zoning Board of Appeals Zoning Board Of Appeals
From: Mark Terry,AICP
`Assistant Town.Planning Director ; ,•;,
LWRP Coordinator
Date January 13,2021
Re: LWRP Coastal Consistency Review for ZBA File PETER AND VALERIE SAKAS (BREEZY
SHORES COTTAGE#16)#7461
SCTM#1000-53'5=12.6. „ , :`• }' i�; :-
PETER AND VALERIE SAKAS (BREEZY SHORES COTTAGE#16)#7461 -Request for a Variance from
Article XXIII, Section 280-123 and the Building Inspector's December 8,2020 Notice of Disapproval based on
an application for a permit to construct additions and alterations to an existing seasonal cottage; at 1) a non-
conforming building containing a non-conforming use shall not be enlarged, reconstructed, structurally altered or
moved,unless such building is changed to a conforming use; at: 65490 Route 25, (Breezy Shores Cottage#16,
Adj. to Shelter Island Sound)Greenport,NY. SCTM#1000-53-5-12.6.
The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of,Southold
Town Code and the Local Waterfront Revitalization Program(LWRP)Policy Standards. Based upon the,
information provided on the LWRP Consistency Assessment Form submitted to this department,as well as the
records available to me,the proposed action is EXEMPT from LWRP review pursuant to:
§ 268-3. Definitions.MINOR ACTIONS item `BB"which state:
BB.Additions to an existing dwelling constituting less than 25% of the existing structure where the
addition is greater than 75 feet from a natural protective feature, ez&ept•where the-parcel is located in a
coastal erosion hazard area;
Pursuant to Chapter 268,the Southold Town Zoning Board of Appeals shall consider this recommendation in
preparing its written determination regarding the consistency of the proposed action.
Cc: William Duffy,Town Attorney
y �
DEC 112020 �
FORM NO. 3
Zoninc F)',virdi
NOTICE OF DISAPPROVAL
DATE: September 4,2020
RENEWED: December 8, 2020
TO: Farnk Uellendahl(Breezy Shores#16)
PO Box 316
Greenport,NY 11944
Please take notice that your application dated November 24,2020
For additions and,alterations to an existing seasonal cottage at
Location of property: 65490 Route 25, Greenport,NY fflreezy Shores Cottage#16)
County Tax Map No. 1000 - Section 53 Block 5 Lot 12.6
Is returned herewith and disapproved on the following grounds:
The proposed additions and alterations are not permitted pursuant to Article XXIII, Section 280-123
A.,which states;
"A nonconforming building containing a nonconforming use shall not be enlarged,
structurally altered or moved, except as set forth below, unless the use of such building is
changed to a conforming a conforming
Mu ed 'gna
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.
Fee:$ Filed By: Assignment No. �^ PF�t
APPLICATION TO THE SOUTHOLD TOWN BOARD
oir AMA& 2020
AREA VARIANCE
L502 f 90nP�"
House No. Street 4AW Hamlet i�� f204' �Y
90 9.DA�C� ,
SCTM 1000 Section_E�_Block 5 Lot(s) Lot Size jy2• Zone 8400
I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDINGSP {CTOR
DATED D BASED ON SURVEY/SITE PLAN DATED 1g� '
Owner(s):
Mailing Address: 242 45 !g . ', toE•!) inoR&A Me 1"003
TelephonedMw- Fax: Email: .4,6W
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: AANK U6U,EA[QA0X_j M for N Owner( )Other:
Address: 123 AVC 31 to
Telephone:MI.477-41994ax: Email:
4,R l.4M
Please check to specify who you wish correspondence to be mailed to,front the above names:
_— ____(_)Applicant/Owner(). -4 Authorized Representative, Other Name/Address below:
WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PL
DATED D and DENIED AN APPLICATION DATED FOR:
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: � Q Section'
� _14.Z7
Subsection:
Type of Appeal. An Appeal is made for:
( )A Variance to the Zoning Code or Zoning Map.
( )A Variance due to lack of access required by New York Town Law-Section 280-A.
( )Interpretation of the Town Code,Article Section
( )Reversal or Other
A prior appeal 06 has, ( ) 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#
4242 1994 - SAGE 6660 2013 - MIZRAHY 6934 2016 - SCHMIDT
6525 2012 - OTANO 6661 2013 - WILLOUGHBY 7223 2018 - NELSON
6557 2012 - OTANO 6704 2014 - FLOTTERON 17408 2020 - PETSKY
6622 2013 - MULLMAN #6862 2015 - BROOKS
R�CciL'i=� i
Name of Owners: PETER AND VALERIE SAKAS BA File#
DEC 112020 r
REASONS FOR APPEAL
�,�nsr�c; t ri,�rcl Of Appea s�
(1) An undesirable change will not be produced in the CHARACTER of the neighborhood
or a detriment to nearby properties, if granted, because:
it has been determined by the Town of Southold that the cottages at Breezy Shores Community, Inc.
constitute non-conforming buildings containing a non-conforming residential use.Therefore the Building
Department has determined that relief is required to undertake the proposed renovations and alterations
because the structure will not be changed to a conforming use.This unique property represents its own
neighborhood of 82.6 acres with substantial wetlands and it's far removed from neighboring properties so
that no adjacent property owner will be adversely impacted by the proposed structural improvements.The
addition will increase the size of the existing structure by less than 3%.
(2) The benefit sought by the applicant CANNOT be achieved by some method feasible
for the applicant to pursue, other than an area variance, because:
Due to the pre-existing,non-conforming residential use of the cottage that cannot be enlarged and
structurally changed,it is not possible to make the proposed improvements to the cottage without the
requested relief from the code.
(3) The amount of relief requested is not substantial because:
The footprint expansion of only 17 SF(2.95%increase)is located landward of the existing cottage at a
distance of+/-78 feet from the bulkhead. In prior decisions related to other Breezy Shores applications
involving proposed footprint enlargements of less than 3%the Board has deemed such increases to be de
minimus in nature.
(4) The variance will NOT have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district because:
Due to the isolated location of the property a variance relief in this community will not produce a negative
impact on the physical or environmental conditions.
(5) Has the alleged difficulty been self-created? (X) Yes, or ( ) No. Why?
Yes,because the applicants bought the cottage after the Zoning Code was in effect and knew about the
limitations regarding alterations to the structure,however,the need for a variance is not necessarily self-
created because a seasonal dwelling requires periodically some degree of structural adjustments and
alterations to continue the safe use of the structure,in this case upgrade bathroom to code and raise porch
roof to gain code compliant ceiling height and adding a loft dormer.
Are there any Covenants or Restrictions convicerrning this land? (X) No ( ) Yes
This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the
character of the neighborhood and the health,safety and welfare of the community.
By signing below, I certify all informationis true and correctto the t of my knowledge.
Sworn to before me this
�..... day of�M2_020 Sign ure of Authorized Agent
NotaryRrfblic
TRACEY L. DWYER
NOTARY PUBLIC,STATE OF NEW YORK
NO.01 DW6300000
QUALIFIED IN SUFFOLK COUNTY
COMMISSION EXPIRES JUNE 30,2a
APPLICANT'S PROJECT DESCRIPTION
(For ZBA Reference)
{
Applicant: u k (A = (rE)JO�i� V-0 Date Prepared: 10 '14-10&-hi 2020
L For Demolition of Existing Building Areas 7
Please describe areas being removed: - - - --- -
!'� El-1 V f C48D ZdIM Xy£[D WQ0F
Awa "16C, ^ /Ddz
II. New Construction Areas(New Dwelling or New Additions/Extensions):
Dimensions of first floor extension: 5 L p" X
Dimensions of new second floor:_ I 'AjA
Dimensions of floor above second level: AJA
Height(from finished ground to lop of ridge):
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:
Number of Floors and Changes WITH Alterations:
/- S6-�SDIuAI !,
IV. Calculations of building areas and lot coverage(from surveyor):
Existing square footage of buildings on your property:
Proposed increase of building coverage: / r'
Square footage of your lot: _-86-6 AG
Percentage of coverage of your lot by building area: /04
V. Purpose of New Construction:
- AGE 1/9$-/2D 2-9/54S P402ew
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):
F }7' LAAvb
LAW N
A419) 1 EA 1 Q Y
u
Please submit seven(7)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.
7/2002; 2/2005; 1/2007
�1
QUESTIONNAIRE
FOR FILING WITH YOUR ZBA APPLICATION
DEC 112020
A. Is the subject premiss listed on the real estate market for sale?
Yes No
B. Are#fere any proposals to change or alter land contours?
No Yes please explain on attached sheet.
C. 1.)Are there areas that contain sand or wetland grasses?
2.)Are those areas shown on the survey submitted with this application? asa
3.)Is the property bulk headed between the wetlands area and the upland building
area?-
4.)If your property contains wetlands or pond areas,have you contacted the Office of
the Town trustees for its determination of jurisdiction? Please confirm status
of your inquiry or application with the Trustees: 'rO 667 FIL60 f9FT45R
and if issued,please attach copies of permit with conditions and approved survey. 0t9 060604
D. Is there a depression or sloping elevation near the area of proposed construction at or
below five feet above mean sea level? J1"Io
E. Are there any patios,concrete barriers, bulkheads or fences that exist that are not
shown on the survey that you are submitting? A/0 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? Q0 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. I£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? A/`0
If yes,please label the proximity of your lands on your survey.
I. Please list present use or operations conducted at this parcel eesSD6 46&
and the proposed use �SQ6 ,&L
��'�
X11 � 2CO14 �c[,0 (ex:existing single family,proposed:same with
ge,pool or other) rt��*t^L/f
it, iitl`
In
Authori ed signature d Date
i
TOWN OF SOUTHOLD
OFFICE OF BUILDING INSPECTOR
TOWN HALL "
SOUTHOLD, NEW YORK
s i
CERTIFICATE OF OCCUPANCY DEC 1 12020
I
NONCONFORMING PREMISES 1
DATE: July 24, 1984
THIS IS TO CERTIFY that the Pre G.0.#Z 12637
/_/ i
Land
/X/ Building(s)
/ Use(s)
located at 67380 Main RoadArahainomague Greenport
Street Hamlet
shown on County tax map as.District 1000, Section-'053.00.'Block 05.00
Lot 001 •001 does(not3conform to the present Bui-lding,Zone Code of the
Town of Southold for the following reasons:
There are 6 'dwellings on one lot T ere gre 5 non conforming
seasonal; cottages.
On the basis of information presented to the Building Inspector'..Office,
it has been determined that the above nonconforming C/Land /X JBuilding(s)
/X/Use(s) existed on the effective date the priisent Building Zone Code of the
Town of Southold, and may be continued purWant to and sAject to,the ap'pli-
able provisions of said Code.
IT IS'FURTHER CERTIFIED that, based upon information presented to
the Building Inspector's Office, the occupancy and use for which this Certifi-
Property contains 5-1 ,story houses, 1-2 story
Cate is issued is as follows:house, 2-accessory bldgs.,, 25 seasonal cottages,
2 garages, 2 sheds (37 bldgs.) . This propert.v has access -to Rt 25 a
State maintained highway, in the A 2one.Non-conforming seasonal dwellings. -
Charlotte Sage, Michael Sage, James Sage
The Certificate is issued to & Patricia Sage.
(owner, ]IFg3ISt�a°�FX3l � )
of the aforesaid building.
Suffolk County Department of Health Approval N/A
UNDERWRITERS CERTIFICATE NO. N/A
NOTICE IS HEREBY GIVEN that the owner of the above premises HAS j
NOT CONSENTED TO AN INSPECTION of the premises by the Building Inspec-
tor to determine if the premises comply with all applicable codes and ordin-
ances, other than the Building Zone Code, and therefore, no such inspection j
has been conducted. This Certificate, therefore, does not, and is not intended
to certify that the premises comply with all other applicable codes and regula-
tions.
Building Inspector
i
O�guFFOjp%oG Town of Southold -----3/22/2016 -- ---
a y� P.O.Box 1179
y 53095 Main Rd
Southold,New York 11971 { DEC 112020
CERTIFICATE OF OCCUPANCY
No: 38160 Date: 3/22/2016
THIS CERTIFIES that the building RESIDENTIAL REPAIRS
Location of Property: 65490 Route 25,Greenport
SCTM#: 473889 Sec/Block/Lot: 53.-5-12.6
Subdivision: Filed Map No, Lot No.
conforms substantially to the Application for Building Permit heretofore filed in this office dated
1/8/2016 pursuant to which Building Permit No. 40406 dated 1/14/2016
was issued,and conforms to all of the requirements of the applicable provisions of the law. The occupancy for
which this certificate is issued is:
REPAIR AN EXISTING COTTAGE(#16)-FOOTINGS,AS APPLIED FOR
The certificate is issued to Breezy Shores Comnty Inc
of the aforesaid building.
SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL
ELECTRICAL CERTIFICATE NO.
PLUMBERS CERTIFICATION DATED
Au q ' e si alure
BOARD MEMBERS Southold Town Hall
UT
Leslie Kanes Weisman,Chairperson �*pf SOy� 53095 Main Road•P.O.Box 1179
11971-0959
Patricia Acampora Office Location:
Eric Dantes v, 31'. Town Annex/First Floor,
Robert Lehnert,Jr. • 1 0 E C 1 M&W Road(at Youngs Avenue)
Nicholas Planamento DUNT`l Southold NY 11971
http://southoldtownny.gov-- oZ:3a Q!t
ZONING BOARD OF APPEALS UG 2 5 2020
TOWN OF SOUTHOLD n
Tel.(631)765-1809•Fax(631)765-9064 So0l1� .�'®l�i�l
FINDINGS,DELIBERATIONS AND DETERMINATIO
MEETING OF AUGUST 20,2020
ZBA FILE: 7408
NAME OF APPLICANT: Mike&Mary Beth Petsky
PROPERTY LOCATION: 65490 Route 25,Greenport,NY,(Breezy Shores Cottage#10)
SCTM No. 1000-53-5-12.6
SARA 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 9, 2020 stating that this application is considered a matter for local
determination as there appears to be no significant county-wide or inter-community impact.
LWRP DETERMINATION: This application was referred for review under Chapter 268,Waterfront Consistency
review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy
Standards. The LWRP Coordinator issued his recommendation dated July 22, 2020. Based upon the information
provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records
available,it is recommended that the proposed action is CONSISTENT with LWRP policy standards,and therefore
is CONSISTENT with the LWRP.
PROPERTY FACTS/DESCRIPTION: Subject parcel is located in the R-80 Zoning District and contains 82. 6
acres. It is improved with three dwellings, a brick building, two garages, 28 seasonal cottages and 20 sheds.
Access to the property is via Sage Boulevard,which is a private road, and the property is adjacent on the south to
Shelter Island Sound. The Breezy Shores community is a unique property deeply rooted in the history of the
Town. The multiple cottages on the property are pre-existing non-conforming use that was established prior to
zoning by the Sage family in the early 1900's. The cottages previously housed employees of the Sage family brick
factory, and after the brickyard closed,they were rented as seasonal cottages. In 2000, a real estate cooperative,
Breezy Shores Community Inc. was established, and shares were offered as an ownership interest in the
Cooperative. The cottage at issue in this application is known as Cottage# 10 and is owned by Mike&Mary Beth
Petsky. The cottage,with proposed improvements, is shown on the Site Plan of Breezy Shores,prepared by Robert
Brown Architect,dated November 2019.
BASIS OF APPLICATION: Request for a Variance from Article XXHL Section 280-123 and the Building
Inspector's January 2, 2020 Notice of Disapproval based on an application for a building permit to make additions
and alterations to an existing seasonal cottage, at; 1)a non-conforming building containing a non-conforming use
shall not be enlarged,reconstructed,structurally altered or moved,unless such building is changed to a conforming
Page 2,August 20,2020
#7408,Petsky
STM No. 1000-53-5-126 DEC 112020
�n;,i,-
use; at: 65490 Route 25, (aka Sage Boulevard, Breezy Shores Cottage #10, Adj. to Shelter-Island--Sound) -
Greenport,NY.SCTM#1000-53-5-12.6.
RELIEF REQUESTED: The applicant requests a variance to construct additions and alterations to an existing
nonconforming seasonal cottage measuring an additional 21.8 sq. ft., less than 3% increase in overall size, when
such changes to a nonconforming structure containing a nonconforming use are not allowed by Code.
ADDITIONAL INFORMATION: The file contains a memo submitted by the Board of Breezy Shores Inc., dated
February 5, 2020, stating their approval of the applicants proposed cottage renovation. Testimony was taken
during the hearing from the architect that the subject structure was going to be raised, and new foundations
installed to FEMA requirements to make the structure compliant. The applicant in a letter dated August 5, 2020,
acknowledged that the application erroneously omitted a new foundation and lifting of the cottage, although noted
on the drawings.
FINDINGS OF FACT/REASONS FOR BOARD ACTION:
The Zoning Board of Appeals held a public hearing on this application on August 6,2020,at which time written
and oral evidence were presented. Based upon all testimony,documentation,personal inspection of the property
and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and
relevant and makes the following findings:
1. Town Law 5267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of
the neighborhood or a detriment to nearby properties. This unique property represents its own neighborhood of
82.6 acres. It contains substantial buffer of wetlands along the northern boundary of the property, and the enclave
of cottages is sufficiently removed from other adjacent neighborhood properties so that adjacent property owners
will not be affected by an additions and alterations.
2. Town Law 5267-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 existing seasonal cottage is a pre-existing non-
conforming building with a pre-existing non-conforming use. As a consequence of the non-conforming status, any
proposed additions and alterations will require relief from the code.
3. Town Law 5267-b(3)(b)(3). The variance(s) granted herein granted herein for the alterations and additions is
mathematically substantial, representing 100% relief from the code because Section 280-123 prohibits the
enlargement of non-conforming buildings with non-conforming uses. However, the proposed addition of 21.3
square feet to the existing structure represents 2.98% increase in the size of the pre-existing cottage footprint. The
Board in prior decisions related to other Breezy Shore applications involving proposed increases of structure less
than 3 %, has deemed such increases,to be de minimus in nature. This applicant's proposed increase in structure
size is minor and is just squaring off the building that is already being lifted to conform to FEMA codes.
4. Town Law 5267-bQ(b)(4) No evidence has been submitted to suggest that a variance in this residential
community will have an adverse impact on the physical or environmental conditions in the neighborhood. The
applicant must comply with Chapter 236 of the Town's Storm Water Management Code.
5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created since 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. However,to
the extent that a seasonal structure such as this one periodically requires some degree of reconstruction and/or
alterations to continue the safe use of the structure,the need for variance relief is not self-created,but is created by
Zoning Code that now prohibits an existing use and activities that at one time were not prohibited.
Page 3,August 20,2020 - - -
#7408,Petsky
STM No. 1000-53-5-12 6 ,
DEC 112020
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 renovations and additions while preserving and protecting,ithe'character-of'the
_
neighborhood and the health,safety and'welfare of the community. _
RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under
New York Town Law 267-B, motion was offered by Member Lehnert, seconded by Member Dantes, and duly
carried,to
GRANT the variance as applied for, and shown on a Site Plan of Breezy Shores, dated November 1, 2019 and
Architectural Drawings,dated January 3,2020,prepared by Robert I.Brown,Architect.
SUBJECT TO THE FOLLOWING CONDITIONS:
1. The cottage use will continue in its current status as an unheated seasonally occupied dwelling.
2. No other alterations or additions may be undertaken without review by the ZBA, except for necessary
minor repairs as determined by the Town Building Department.
That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued.
Any deviation from the survey,site plan and/or architectural drawings cited in this decision will result in delays
and/or a possible denial by the Building Department of a buildingpermit, and may require a new application and
public hearing before the Zoning Board of Appeals.
Any deviation from the 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(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(Cliairperson)Acampora,Dantes,Lehnert,and Planamento(5-0).
eslie Kanei Weisman, Chairperson
Approved for filing / a�XI2020.
i
BOARD MEMBERS OF SOU Southold Town Hall
Leslie Kanes Weisman,Chairperson �Dy�� liy0lo 53095 Main Road•P.O.Box 1179
Southold,NY 11971-0959
Patricia Acampora _Office Location:
Eric Dantes �, ;,Town Annex/First Floor,
Robert Lehnert,Jr. • �O' 54375 Main Road(at Youngs Avenue)
Nicholas PlanamentoGQU DEC 1 1202[�outhold,NY 11971
http:/Jsoutholdtownny.gov RECEIVED,, �,,- _ � .=,�
ZONING BOARD OF APPEALS DEC 2 4 201
TOWN OF SOUTHOLD nn
Tel.(631)765-1809•Fax(631)765.9064 `
FINDINGS,DELIBERATIONS AND DETERMINATION I Sou hold Town Clerk
MEETING OF DECEMBER 20,2018
ZBA FILE:7223
NAME OF APPLICANT: David & Diane Nelson
PROPERTY LOCATION: 65490 Route 25, (Breezy Shores Cottage#24)Greenport,NY
SCTM No. 1000-53-5-12.6.
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 August 24, 2018 stating that this application is considered a matter for
local determination as there appears to be no significant county-wide or inter-community impact.
LWRP 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 his recommendation dated November 26, 2018. Based upon the
information provided on the LWRP Consistency Assessment Form submitted,as well as the records available, it is
recommended that the proposed action is CONSISTENT with LWRP policy standards and therefore is
CONSISTENT with the LWRP.
PROPERTY FACTS/DESCRIPTION: Subject parcel is located in the R-80 Zoning District and contains 82.6
acres. It is improved with three dwellings, a brick building, two garages, 28 seasonal cottages and 20 sheds.
Access to the property is via Sage Boulevard,which is a private road, and the property is adjacent on the south to
Shelter Island Sound. The Breezy Shores community is a unique property deeply rooted in the history of the
Town. The multiple cottages on the property are pre-existing non-conforming use that was established prior to
zoning by the Sage family in the early 1900's. The cottages previously housed employees of the Sage family brick
factory, and after the brickyard closed, they were rented as seasonal cottages.. In 2000, a real estate cooperative,
Breezy Shores Community Inc. was established, and shares were offered as an ownership interest in the
Cooperative. The cottage at issue in this application is known as Cottage # 24 and is owned by David & Diane
Nelson. The cottage, with proposed improvements, is shown on the Survey of Breezy Shores, prepared by Frank
Uellendahl,dated June 14,2018.
\ t
Page 2,December 20,2018
#7223,Nelson
SCTM No. 1000-53-5-12.6
DEC 112020
BASIS OF APPLICATION: Request for a Variance from Article XXIII, Section 280-123 and the Building
Inspector's June 25, 2018, Notice of Disapproval based on an application for a building permit to-make additions
and alterations to an existing seasonal cottage,at; 1)a non-conforming building containing a non-conforming use
shall not be enlarged,reconstructed, structurally altered or moved,unless such building is changed to a conforming
use; at: 65490 Route 25, (aka Sage Boulevard, Breezy Shores Cottage #24, Adj. to Shelter Island Sound)
Greenport,NY. SCTM#1000-53-5-12.6.
RELIEF REQUESTED: The applicant requests a variance to construct additions and alterations to an existing
nonconforming seasonal cottage by adding 13 sq. ft. addition, resulting in 2.4% increase in size, when such
changes to a nonconforming structure containing a nonconforming use are not allowed by Town Code.
ADDITIONAL INFORMATION: The file contains a memo submitted by the Board of Breezy Shores Inc., dated
June 11, 2018, stating their approval of the applicants proposed cottage renovation. Included in the application
packet, the applicant submitted eight prior decisions which granted variances for various cottages in the Breezy
Shores Community. These decisions consisted of an interpretation and a use variance issued in 2011 and six
decisions for area variances granting the applicants the ability to alter and construct less than 3.1% in increases to
the size of their cottages. Email correspondence was received from a neighbor expressing support for the planned
renovations. In addition to the proposed improvements, the cottage will be raised in order to comply with FEMA
Flood Zone regulations.
FINDINGS OF FACT/REASONS FOR BOARD ACTION:
The Zoning Board of Appeals held a public hearing on this application on December 6,2018,at which time written
and oral evidence were presented. Based upon all testimony, documentation,personal inspection of the property
and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and
relevant and makes the following findings:
1. Town Law 4267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of
the neighborhood or a detriment to nearby properties. This unique property having been in existence since the
early 1900's represents its own neighborhood of 82.6 acres with substantial buffer of wetlands along the northern
boundary of the property. Furthermore, the enclave of cottages is sufficiently removed from other adjacent
neighborhood properties so that property owners will not be impacted by the proposal.
2. Town Law X267-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 existing seasonal cottage is a pre-existing non-
conforming building with a pre-existing non-conforming use. As a consequence of the non-conforming status, any
proposed additions and alterations will require relief from the code.
3. Town Law 4267-b(3)(b)(3). The variance(s) granted herein granted herein for the alterations and additions is
mathematically substantial, representing 100% relief from the code because Section 280-123 prohibits the
enlargement of non-conforming buildings with non-conforming uses. However,the proposed addition of 13 square
feet to the existing structure represents 2.42 % increase in the size of the pre-existing cottage footprint. The Board
in prior decisions related to other Breezy Shore applications involving proposed increases of structure less than 3%,
has deemed such increases, to be de minimus in nature. This applicants' proposed increase in structure size is
minor and is just squaring off the building that is being lifted to conform to FEMA regulations.
4. •Town Law 4267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential
community will have an adverse impact on the physical or environmental conditions in the neighborhood. The
applicant must comply with Chapter 236 of the Town's Storm Water Management Code. The cottage will be also
Page 3,December 20,2018
#7223,Nelson
SCTM No. 1000-53-5-12.6
I j
be raised to comply with current FEMA requirements to provide additional protectioiDteq lIpMV storm surge
flooding.
5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created since the applicantpurchased the.parcel after
the Zoning Code was in effect and it is presumed that the applicant had actual 0-17--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. However,to
the extent that a seasonal structure such as this that periodically requires some degree of reconstruction and/or
alterations in order to continue the safe use of the structure, the need for variance relief is not self-created, but is
created by Zoning Code that now prohibits an existing use and activities that at one time were not prohibited.
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 renovations and an addition to the cottage while preserving and protecting the
character of the neighborhood and the health,safety and welfare of the community.
RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under
New York Town Law 267-B, motion was offered by Member Lehnert, seconded by Member Dantes,-and duly
carried,to
GRANT the variance as applied for, and shown on the site plan of Breezy Shores, Cottage #24, prepared by
Frank Uellendahl,R.A. dated June 14,2018.
SUBJECT TO THE FOLLOWINGCONDITIONS:
1. The cottage use will continue in its current status as an unheated seasonally occupied dwelling.
2. No other alterations or additions may be undertaken without review by the ZBA, except for necessary
minor repairs as determined by the Town Building Department.
That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued.
Any deviation from the survey, site plan andlor architectural drawings cited in this decision will result in delays
and/or a possible denial by the Building Department of a building permit, and may require a new application and
public hearing before the Zoning Board of Appeals.
Any deviation from the variance(s)granted herein as shown on the architectural drawings, site plan andlor survey
cited above, such as alterations, extensions, or demolitions, are not authorized under this application when
involving nonconformities under the zoning code. This action does not authorize or condone any current or future
use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses,
setbacks and other features as are expressly addressed in this action. In the event that this is an approval subject
to conditions, the approval shall not be deemed effective until such time that the foregoing conditions are met, and
failure to comply therewith will render this approval null and void.
The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does
not increase the degree of nonconformity.
Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the
Board of Appeals shall become null and void where a Certificate of Occupancy has not been
procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three
Page 4,December 20,2018
#7223,Nelson
SCTM No. 1000-53-5-12.6
(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 Dantes(Vice Chair),Acampora,Planamento and Lehnert. This Resolution
was duly adopted(4-0). (Chairperson Weisman absent)
n� 112020�� � , DEC
Eric L. Dantes -
Vice Chair
Approved for filing / /2018
BOARD MEMBERS �tf SOUr Southold Town Hall
Leslie Kanes Weisman,Chairperson y0 53095 Main Road-P.O.Box 1179
Southold,NY 11971-0959
Eric Dantesst Office Location:
Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank
George Horning '. ® ways 54375 Main Road(at Youngs Avenue)
Kenneth Schneider 1��'0 ,� Southold,NY 11971
http://southoldtown.northfork.net !
ZONING BOARD OF APPEALS DEC I 12020
TOWN OF SOUTHOLD
Tel.(631)765-1809•Fax(631)765-9064
FINDINGS,DELIBERATIONS AND DETERAIINATION
MEETING OF APRIL 21,2016
ZBA FILE: 6934
NAME OF APPLICANT:Breezy Shores Community,Inc.(Jason Schmidt)
PROPERTY LOCATION:#8 Breezy Shores Community,Inc.,65490 Main Road,aka Sage Blvd.
Greenport;NY SCTM#1000-53-5-12.6
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 ADM]NISTRATIVE 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 Feb. 19,2016 stating that this application is considered a matter for local determination as there appears
to be no significant county-wide or inter-community impact.
LWRP DETERMINATION: This application was referred for review under Chapter 268,Waterfront Consistency
review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy
Standards. The LWRP Coordinator issued a recommendation dated March 8, 2016.Based upon the information
provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records
available to us,it is our recommendation that the proposed action is the LWRP CONSISTENT with LWRP policy
standards and therefore is CONSISTENT with the LWRP.
PROPERTY FACTS/DESCRIPTION: _ Subject parcel is located in the R-80 zone and contains 82.6 acres. It is
improved with three dwellings, a brick building, two garages, 28 seasonal cottages and 20 sheds. Access to the
property is via Sage Boulevard,which is a private road, and the property is adjacent on the south to Shelter Island
Sound.The Breezy Shores community is a unique property deeply rooted in the history of the Town.The multiple
cottages on the property are a pre-existing non-conforming use that was established prior to zoning by the Sage
family in the early 1900s.The cottages previously housed employees of the Sage family brick factory,and after the
brickyard closed, they were rented as seasonal cottages. In 2000 a real estate cooperative, Breezy Shores
Community,Inc.was established,and shares were offered as an ownership interest in the Cooperative.The cottage
at issue in this application is known as Cottage 98 and is owned by Jason Schmidt. The cottage, with proposed
improvements,is shown on the survey of Breezy Shores prepared by Frank Uellendahl,dated Feb.02,2016.
BASIS OF APPLICATION: Request for Variances from Article ME Code Section 280423 and the Building
Inspector's February 3, 2016 Notice of Disapproval based on an application for building permit to construct
additions and alterations to an existing seasonal cottage at; 1) a nonconforming building containing a
nonconforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is
changed to a conforming use.
Page 2 of 3—April 21,2016
ZBA#6934—Breezy Shores Community(Schmidt)
SCfM#1000-53-5-12.6
RELIEF REQUESTED: The applicant requests a variance to construct additions and alterations to an existing
nonconforming seasonal cottage when such changes to a nonconforming structure containing a nonconforming use
are not allowed by Code.
ADDITIONAL INFORMATION: The file contains a memo submitted by the Board of Breezy Shores,Inc.,dated
Jan.29,2016,stating their approval of the applicant's proposed cottage renovation. = .
FINDINGS OF FACT/REASONS FOR BOARD ACTION: DEC 112020
The Zoning Board of Appeals held a public hearing on this application on April 7,2016,at which time wriften and
oral evidence were presented. Based upon all testimony,documentation,personal inspection of the property and
surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant
and makes the following findings:
1. Town Law 4267-b(3)(b)(1).Grant of the variance will not produce an undesirable changd in the character of
the neighborhood or a detriment to nearby properties.This unique property represents its own neighborhood of
82.6 acres. It contains a substantial buffer of wetlands along the northerly boundary of the property,and the
enclave of cottages is sufficiently removed from other adjacent neighborhood properties so that adjacent property
owners will not be adversely impacted by the proposed structural improvements to seasonally occupied Cottage#8.
2. Town Law_4267-b(3)(b)(2).The benefit sought by the applicant cannot be achieved by some method,feasible
for the applicant to pursue, other than an area variance. The existing seasonal cottage is a pre-existing non-
conforming building with a pre-existing non-conforming use. As a consequence of the non-conforming status,any
proposed additions and alterations will require relief from the code.
3. Town Law 4267-b(3)(b)(3).The variance granted herein for the alterations and additions is mathematically
substantial,representing 100%relief from the code because Section 280-123 prohibits the enlargement of non-
conforming buildings with non-conforming uses. However,the proposed addition of 21 square feet to the existing
structure represents a 2.98%increase in the size of the pre-existing cottage footprint.This Board,in prior decisions
related to other Breezy Shores applications involving proposed increases of structure sizes of less than 3%,has
deemed that such increases,particularly when necessary to make interior bathroom or bedroom space more Code
conforming,to be de minimus in nature.This applicant's proposed increase in structure size is necessary in order to
bring the existing bedrooms up to code required legal size. -
4. Town Law 4267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential
community will have an adverse impact on the physical or environmental conditions in the neighborhood. The
applicant must comply with Chapter 236 of the Town's Storm Water Management Code.The cottage will be raised
12-14 inches to provide additional protection from potential storm surge flooding.
5. Town Law 4267-b(3)(b)(5).The difficulty has been self-created since 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.However,to
the extent that a seasonal structure such as this one periodically requires some degree of reconstruction and/or
alterations to continue the safe use of the structure,the need for variance relief is not self-created,but is created by
zoning Code that now prohibits an existing use and activities that at onetime were not prohibited.
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 renovations,while preserving and protecting the character of the neighborhood and
the health,safety and welfare of the community_
Page 3 of 3—Apra 21,2016
ZBAN934—Breezy Shores Community(Schmidt)
SCIM#11000-53-5-12.6
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 Horning, seconded by Member Weisman
(Chairperson),and duly carried,to
GRANT the variance as applied for, and shown on the survey of Breezy Shores -prepared by Frank
Uellendahl,dated Feb.02,2016.Subject to the following conditions; /001 001
CONDITIONS: DEC 112020
1.The cottage use will continue in its current status as an unheated seasonally occupied dwelling,
2.No other alterations or additions may be undertaken without review by the ZBA,except for necessary minor
repairs as determined by the Town Building Department.
That the above conditions be written into the Building hupector'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 ofAppeals.
Any deviation from the variances)granted herein as shown on the architectural drawings, site plan and/or survey
cited above, such as alterations, extensions, or demolitions, are not authorized under this application when
involving nonconformities under the zoning code. This action does not authorize or condone any current or future
use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses,
setbacks and other features as are expressly addressed in this action.
The Board reserves the right to substitute a similar design that is de minhnis in nature for an alteration that does
not increase the degree of nonconformity.
Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the
Board of Appeals shall become null and void where a Certificate of Occupancy has not been
procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three
(3)years from the date such variance was granted. The Board of Appeals may,upon written
request prior to the date of expiration,grant an extension not to exceed three(3)consecutive one
(1)year terms.
Vote of the Board.- Ayes. Members Weisman (Chairperson), Schneider, Dantes, Horning Goehringer. This
Resolution was duly adopted(5-0).
Leslie Kanes Weisman,Chairperson
Approved for filing /,Z2�2016
BOARD MEMBERS 'Southold Town Hall
Leslie Kanes Weisman,Chairperson ®�S®(J��
� � 53095 Main Road®P.O.Box 1179
Southold,NY 11971-0959 -
Eric Dantes Office Location:
Gerard P.Goehringer Town Annex/First Floor,Capital One Bank
George Horning ® �® 54375 Main Road(at Youngs Avenue)
Kenneth Schneider �� ,� 1 Southold,NY 11971
hup-Noutholdtcwn northfo=kmet _-
ZONING BOARD OF APPEALS
TOwi T OF SOu-moi m DEC 112102
Tel.(631)765-1809.Fax(631)765-9064 JUP, 2 3 21015
"utTL• Clerk
F111e1DINGS,DELIBERATIONS AND DETERMINATION
MUTING OF JUNE 18,2015
ZBA FILE#6862
NAME OF APPLICANT:BREEZY SHORES COMMUNITY,INC.(MARTHA BROOKS)
PROPERTY LOCATION: Cottage #4 Breezy Shores Community, Inc., 65490 Main Road (aka State
Route 25)aka Sage Blvd.(adj.to Shelter IsI•and Sound)Greenport,NY.SCTM#1000-53-5-12.6
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 Section A 14-14 to 23, and the Suffolk County Department of
Planning issued its reply dated June 2, 2015 stating,that this application is considered a matter for local
determination as there appears to be no significant county-wide or inter-community impact.
LWRP DETERM NATION: This application was referred for review under Chapter 268, Waterfront
Consistency review of the Town of Southold Town Code and the Locdl Waterfront Revitalization
Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated May 26,
2015. Based upon the information provided on the LWRP Consistency Assessment Form submitted to
this department,as well as the records available to us,it is our recommendation that the proposed action is
CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP.
PROPERTY FACTS/DESCRIPTION. Subject parcel is located in the R-80 zone and contains 82.6
acres.It is improved with three dwellings,a brick building,two garages,28 seasonal cottages and 20
sheds.The Breezy Shores community is a unique property deeply rooted in the history of the Town.The
access to the property is via a private road(Sage Boulevard)and the property is adjacent on the south to
Shelter Island Sound.The multiple cottages on the property are a pre-existing non-conforming use that
-was established prior to zoning by the Sage family in the early 1900s.The cottages housed employees of
the Sage family brick factory and have been rented as seasonal cottages.In 2000,the community
established a real estate cooperative,Breezy Shores Community,Inc.,and shares were offered as an
ownership interest in the Cooperative.The cottage at issue in this application is known as Cottage no.4
and is owned by Martha Brooks.All as shown on the survey prepared by Howard Young,L.S.,dated
January 9,2013 and a site plan by Robert I Brown,Architect,dated August 18,2014.
BASIS OF APPLICATION: Request for Variance(s) from Article XX1II Code Section 280-123,Article
XXII Section 280-116(B)and the Building Inspector's January 12,2015 Notice of Disapproval based on
A c Page 2 of 3—June 18,2015
ZBA Fde##6862—Breery Shores(Brooks)
SUM91000-53-5-12.6
an application for building permit to add and alter,to include raising an existing seasonal cottage at; 1)a
nonconforming building containing a nonconforming use shall not be enlarged,reconstructed, structurally
altered or moved, unless such building is changed to a conforming use, 2) less than the code required
bulkhead setback of 75 feet 2ns
RELIEF REQUESTED: The applicant requests variances to make a1teto a seas@Ucattloh a
1 nonconforming use where the code permits no enlargement, reconstruction or alterations unless the
building is changed to a conforming use, and a non-conforming bulkhead setback of 59.5 feet,where the
code requires a minimum of 75 feet.
ADDITIONAL INFORMATION: The Board received a letter dated July 29,2014 from the Secretary of
the Breezy Shores Community Corporation indicating approval of the applicant's plans.
FINDINGS OF FACT/REASONS FOR BOARD ACTION:
The Zoning Board of Appeals held a public hearing on this application on June 4,2015 at which time
written and oral evidence were presented. Based upon all testimony,documentation,personal inspection
of the property and surrounding neighborhood,and other evidence,the Zoning Board finds the following
facts to be true and relevant and makes the following findings:
1. Town Law&267-b(3)(OLU Grant of the variances will not produce an undesirable change in the
character of the neighborhood nor a detriment to nearby properties.This unique property represents its
own neighborhood of 82.6 acres with substantial wetlands and is far removed from adjacent properties.
Thus,no adjacent property owner will be adversely impacted by the proposal.These 28 seasonal cottages
on the subject property have been in existence since the early 1900's when they were built for occupancy
by workers in the Sage brick factory.In thel940's,when operation of the brick factory slowed cottages
were rented to summer guests.Each of the adjacent waterfront units are similarly located from the
bulkhead and are of similar size.
2. Town Law 5267-b(3)(b)(2).The benefit sought by the applicant cannot be achieved by some method,
feasible for the applicant to pursue, other than area variances. The existing seasonal cottage is a pre-
existing non-conforming building with a pre-existing non-conforming use with a pre-existing non- '
conforming bulkhead setback of 59.4 feet Therefore,any proposed additions and alterations will require
relief from the code.
3. Town Law 6267-bQO)(3). The variances granted herein are mathematically substantial. The
variance for Section 280-123 represents 100%relief because the code prohibits the enlargement of non-
conforming buildings with non-conforming uses. However,the proposed addition of a door with a 4'x 4'
landing on the west side of the cottage and a sliding glass door with a 4' by 8'landing on the East side of i
the cottage will add 2.22%to the existing footprint. This is in line with de minimus additions the ZBA
has granted in previous decisions. In the context of the entire community,the variance is not substantial.
The variance for the bulkhead setback is substantial representing 21%relief from the code. However,the
nonconforming cottages have existed in their current locations since the 1940's with each waterfront
cottage unit having a similar non-conforming bulkhead setback.The location of the proposed structure
shall remain the same.
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.
L_
1 Page 3 of 3—June 18,2015
ZBA Re#6862—Breezy Shores(Brooks)
SUM#t1000-53-5-12.6
NA A� }
( \�V( a DEC 112020
5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel
after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive- -"
knowledge of the limitations on the use of the parcel under the Zoning Code in effect prioi to or at the
time of purchase.However,to the extent that a structure ultimately and unavoidably requires some
reconstruction and/or alterations to allow for reasonable improvements to-continue the safe use of the
structure,the need for variance relief is not self-created but created by the zoning code that now prohibits
activities which at one time were not prohibited.
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 additions and alterations to the seasonal cottage, while
preserving and protecting the character of the neighborhood and the health, safety and welfare of the
community.
RESOLUTION OF THE BOARD:In consideringall of the above factors and applying e
th balancing test
under New York Town Law 267-B, motion was offered by Member Dantes, seconded by Member
Goehringer,and duly carried,to
GRANT, the variances as applied for, and shown on the Architectural plans by Robert I. Brown,
Architect labeled site plan, foundation plan, existing floor plan, road side, west, water side, and east ;
elevations,and section for phases I and II and dated March 3,2015.
Any deviation feom the survey,site plan and/or architectural drawings cited in this decision will result in delays
and/or apossible denial by the Building Department of a buildingpermit, and may require a new application and
public hearing before the Zoning Board of Appeals
Any deviation from the variances)granted herein as shown on the architectural drawings,site plan and/or survey
cited above; such as alterations, extensions, or demolitions, are not authorized under this application when
involving nonconformities under the zoning code. This action does not authorize or condone any current or future
use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses,
setbacks and other features as are expressly addressed in this action.
The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the
degree ofnonconformity.
Pursuant to Chapter 250-146(B) of the Code of the Town of Southold any variance granted by the
Board of Appeals shall become null and void where a Certificate of Occupancy has not been
procured,and/or a subdivision map has not been filed with the Suffolk County Clerk,within three
(3)years from the date such variance was granted. The Board of appeals may,upon written
request prior to the date of expiration,grant an extension not to exceed three(3)consecutive one(1)
year terms.
Vote of the Board: Ayes:Members Weisman(Chairperson),Schneider,Homing,Dante,Goehringer.This
Resolution was duly adopte (5-0).
Leslie Kanes Weisman,Chairperson
Approved for filing /2015
' BOARD MEMBERS Southold.Town Hall
Leslie Kanes Weisman,Chairperson o�e�oF Svtrryo 53095 Main Road-P.O.Box 1179
Eric Dantes Southold,NY 11971-0959
Office Location:
Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank
George Horning A �O 54375 Main Road(at Youngs Avenue)
Kenneth Schneider l�'`,a Southold,NY 11971
http://southoldtown.northfork.net RECEIV D
ZONING BOARD OF APPEALS 1 3 !S
TOWN OF SOUTHOLD �Q,\ 2 5/201
Tel.(631)765-1809-Fax(631)765-9064
- Sou old Town Clerk
FINDINGS,DELIBERATIONS AND DETERAl WAT 2020
MEETING OF APRIL 17,2014 '
ZBA FILE:6704
NAME OF APPLICANT:Breezy Shores Community Inc.Cottage#7(Steven Flotteron)CTM 1000-53-5-12.6
PROPERTY LOCATION:65490 Main Road,(aka Sage Blvd.)(adj.to Shelter Island Sound),Southold,NY
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 November 15, 2013 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 Nov. 26, 2013. Based upon the information
provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records
available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards
and therefore is CONSISTENT with the LWRP.
PROPERTY FACTS/DESCRIPTION: Subject parcel is located in the R-80 zone and contains 82.6 acres. It is
improved with three dwellings, a brick building, two garages, 28 seasonal cottages and 20 sheds. The Breezy
Shores community is a unique property deeply rooted in the history of the Town.The access to the property is via a
private road (Sage Boulevard) and the property is adjacent on the south to Shelter Island Sound. The multiple
cottages on the property are a pre-existing non-conforming use that was established prior to zoning by the Sage
family in the early 1900s.The cottages previously housed employees of the Sage family brick factory,and after the
brickyard closed, they were rented as seasonal cottages. In 2000 a real estate cooperative, Breezy Shores
Community,Inc.,was established,and shares were offered as an ownership interest in the Cooperative.The cottage
at issue in this application is known as Cottage no.7 and is owned by Steven Flotteron.The cottage,with proposed
improvements, is shown on the survey of Breezy Shores prepared by Howard Young, L.S., dated Dec. 30, 20I0,
and the site plan drawings by Robert 1.Brown Architect,P.C.,dated March 24,2014.
BASIS OF APPLICATION: Request for Variances from Article XXIII Code Section 280-123, Article XXII
Section 280-116(B)and the Building Inspector's October 31,2013 Notice of Disapproval based on an application
for building permit for additions and alterations to an existing seasonal cottage at, 1) a nonconforming building
containing a nonconforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such
building is changed to a conforming use,2)less than the code required bulkhead setback of 75 feet.
Page 2 ora-April 17,2014
ZBA46704-Breezy Shores Comm.,Inc.
SCTM#1000-53-5-12.6
RELIEF REQUESTED: The applicant requests a variance to construct additions and alterations to an existing
nonconforming seasonal cottage when such changes to a nonconforming structure containing a nonconforming use
are not allowed by Code,and a second variance for a 72 feet setback from the bulkhead,where 75 feet is required.
AMENDED APPLICATION: During the Dec. 5, 2013 hearing, the applicant was asked to bring the plan into
more conformity with the code. The applicant on March 26,2014 submitted a revised plan that reduced the size of
the proposed non-conforming additions and alteration, bringing the plan into more conformity-withfthe codes:
Several letters of support were received. The Board ofthe Breezy Shores Community is in support of the'proposal.
FINDINGS OF FACT/REASONS FOR BOARD ACTION: DEC 112020
The Zoning Board of Appeals held a public hearing on this application on December 5,2013;on February 6,2014,
and on April 3,2014,at which time written and oral evidence were presented. Based upon all testimony,'
documentation,personal inspection of the property and surrounding neighborhood,and other evidence,the Zoning
Board finds the following facts to be true and relevant and makes the following findings:
1. Town LawJ 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.This unique property represents its own neighborhood of
82.6 acres with substantial wetlands,and it is sufficiently removed from other adjacent neighborhood properties so
that no adjacent property owners will be adversely impacted by the proposed structural improvements to seasonally
occupied Cottage 47. The additions will be limited to a 2.8%increase in the size of the existing structure. All 28
seasonal cottages on the subject property have been in existence since the early 1900's,when they were constructed
for workers in the Sage brick factory.In thel940's,when operation of the brick factory slowed and then stopped,
the cottages were rented to seasonal guests.The adjacent waterfront cottages have similar,pre-existing,non-
conforming bulkhead setbacks.
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 existing seasonal cottage is a pre-existing non-
conforming building with a pre-existing non-conforming use.The cottage also has a pre-existing non-conforming
bulkhead setback of 72 feet. As a consequence of the non-conforming features any proposed additions and
alterations'will require relief from the code.
3. Town Law 6267-b(3)(b)(3). The variance granted herein for the alterations and additions is mathematically
substantial,representing 100%relief from the code because Section 280-123 prohibits the enlargement of non-
conforming buildings with non-conforming uses. However,the proposed addition of 20.6 square feet to the
existing structure represents a 2.8%increase in the size of the pre-existing cottage footprint.This Board,in prior
decisions related to other Breezy Shores applications involving proposed increases of structure sizes of less than
3%, has deemed such increases,particularly when necessary to make interior bathroom or bedroom space more
Code conforming,to be de minimus in nature.This applicant's proposed increase in structure size is necessary in
order to bring the existing bedrooms up to code required legal size. The variance granted herein for relief from
Section 280-116(B)for a 72 feet bulkhead setback where 75 feet is required by Code is not mathematically
substantial,representing approximately 4%relief from the code.
4. Town Law 6267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential
community will have an adverse impact on the physical or environmental conditions in the neighborhood. The
applicant must comply with Chapter 236 of the Town's Storm Water Management Code.
5. Town Law 4267-b(3)(b)(5).The difficulty has been self-created since 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.However,to
the extent that a seasonal structure such as this one periodically requires some degree of reconstruction and/or
alterations to continue the safe use of the structure,the need for variance relief is not self-created.
Page 3 of 3-April 17,2014
ZBA#6704-Breezy Shores Comm.,Inc.
SCTM#1000-53-5-12.6
DEC 1 12020
6. Town Law V67-b. Grant of the requested relief is the minimum action necessary and adequate to enable the
applicant to enjoy the benefit of additions and alterations to the seasonal cottage, including Code compliant
bedroom dimensions,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 Homing, seconded by Member Weisman
(Chairperson),and duly carried,to
GRANT, the variances as applied for, and shown on the survey of Breezy Shores prepared by Howard
Young, L.S., dated Dec. 30, 2010, and the drawings, titled Site Plan (Flotteron) dated 10/30/2013, Ground Floor
dated Mar.24,2014 and Flotteron Residence dated Mar. 24,2014 all prepared by Robert 1.Brown Architect,P.C.,
subject to the following conditions;
CONDITIONS:
i.The cottage use will continue in its current status as an unheated seasonally occupied dwelling.
2.No other alterations or additions may be undertaken without review by the ZBA,except for necessary minor
repairs as determined by the Town Building Department.
That the above conditions be written into the Building Inspector's Certificate of Occupancy,when issued.
Any deviation from the survey,site plan and/or architectural drawings cited in this decision will result in delays
and/or a possible denial by the Building Department of a buildingpermit, and may require a new application and
public hearing before the Zoning Board ofAppeals.
Any deviation from the variances)granted herein as shown on the architectural drawings, site plan an&or survey
cited above, such as alterations, extensions, or demolitions, are not authorized under this application when
involving nonconformities under the zoning code. This action does not authorize or condone any current or future
use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses,
setbacks and other features as are expressly addressed in this action.
The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does
not increase the degree of nonconformity.
Pole of the Board. Ayes:Members Weisman(Chairperson),Schneider,Horning Goehringer, Dantes. This Resolution was
duly adopted(5-0).
r
Leslie Kanes Weisman,Chairperson
Approved for filing /�� /2014
BOARD MEMBERS
�®�sd)[4j� Southold Town Hall
Leslie Kanes Weisman,Chairperson 53095 F/ 53095 Main Road e P.O.Box 1179
Eric Dantes
Southold NY 11971-0959
Gerard P.Goehringer _ Office Location:
G Town Annex/First Floor,Capital One Bank
George Horning a0 54375 Main Road(at Youngs Avenue)
Ken Schneider 1�CVU �� Southold,NY 11971
http://southoldtown.noithfork.net
ZONIING BOARD OF A-PpEALS
TOWN OF SOUTHOLD
Tel.(631)765-1809®Fax(631)765-9064
DEC 112020
FINDINGS,DELMERATIONS AND DETERAUNATION
YMETING OF JULY 25,2013
ZBA FILE#6661
NAME OF APPLICANT:Breezy Shores Community,Inc. (Graham Willoughby)
PROPERTY LOCATION: 65490 Main Road Cottage #13 (aka State Rout25and Sage Blvd) Oath. to She
Island Sound), Greenport,NY g ) (adj. to SheIter
SEORA DETERMINATION: The Zoning Board of Appeals has visited the properly under consideration in this
application and determines that this review falls under the Type II category of the State's List of Actions
further steps under SEQRA. without
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 ts
reply dated May 15, 2013 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 Waterfrcy
ont Revitalization Program (LWRP) poli
Standards. The LWRP Coordinator issued a recommendation dated June 27, 2013. Based upon the information
provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records
available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards
and therefore is CONSISTENT with the LWRP.
PROPERTY FACTS/DESCRIPTION: Subject parcel is located in the R-80 zone and contains 82.6 acres.It is
improved with three dwellings,a brick building,two garages,28 seasonal cottages and 20 sheds.The Breezy
Shores community is a unique property deeply rooted in the history of the Town.The access to the property is via a
private road(Sage Boulevard)and the property is adjacent on the south to Shelter Island Sound.The multiple
cottages on the property are a pre-existing non-conforming use that was established prior to zoning by the Sage
family in the early 1900s. The cottages housed employees of the Sage family brick factory and have been rented as
seasonal cottages.In 2000, a real estate cooperative,Breezy Shores Community,Inc.,was established by the
community and shares were offered as an ownership interest in the Cooperative.The cottage at issue in this
application is known as Cottage no. 13 and is owned by Graham Willoughby
b
the survey prepared by Howard Young,L.S., entitled Survey for Cottage 3yBr"Breezy S
Jan.09,2013. hoand Emily Williams.
es ' at Gr elnporthda ed l as sown n
BASIS OF APPLICATION: Request for Variance from Article XXIII Code Section 280-123A and the Building
Inspector's March 7,2013, amended May 2, 2013 Notice of Disapproval based on an application for building
permit for additions and alterations to an existing seasonal cottage at; 1)a nonconforming building containing a
Page 2 0173-July 25,200
ZBA#6661—Breezy Shores Community,Inc.(Willoughby)
SCTM#1000-53-5-12.6
nonconforming use shall not be enlarged,reconstructed,structurally altered or moved,unless such building is
changed to a conforming use.
RELIEF REQUESTED: The applicant requests a variance to construct a 27 square foot addition for the
reconstruction and alterations of the bathroom and mudroom,as shown on the architectural;drawings,A-1,A-2;A-
3 and A-4,prepared by Frank Uellendahl,R.A.,dated(}4/30/2013. 1 - -
FINDINGS OF FACT/REASONS FOR BOARD ACTION: DEC 112020
The Zoning Board of Appeals held a public hearing on this application on July U,2013,at which time written and
oral evidence were presented. Based upon all testimony,documentation,personal inspection of the property and
surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant
and makes the following findings:
1. Town Law§267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of
the neighborhood nor a detriment to nearby properties. This unique property represents its own neighborhood of
82.6 acres with substantial wetlands and is far removed from adjacent properties.Thus,no adjacent property owner
will be adversely impacted by the proposal. These 28 seasonal cottages on the subject property have been in
existence since the early 1900's when they were built for occupancy by workers in the Sage brick factory. In
the 940's,when operation of the brick factory slowed cottages were rented to summer guests.Each of the adjacent
waterfront units are similarly located from the bulkhead and are of similar size.
2. Town Law X267-b(3}(b (�The benefit sought by the applicant cannot be achieved by some method, feasible
for the applicant to pursue,other than an area variance.The existing seasonal cottage is a non-conforming building
with a non-conforming use which,as per the code,requires a variance from Section 280-123 in order to permit any
alterations and additions to the seasonal cottage.
3. Town Law 6-267-WIMO). The variance granted herein for relief from Section 280-123 is mathematically
substantial,representing 100% relief from the code. However,the proposed addition of 27 square feet is minimal,
representing a 3%expansion of the pre-existing cottage foot print and the proposed alterations will be in kind.
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.
5. Town Law 5267-1b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the.
Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the
limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase.
However, to the extent that a structure ultimately and unavoidably requires some reconstruction and/or alterations
to allow for reasonable improvements to continue the safe use of the structure, the need for variance relief is not
self-created but created by the zoning code that now prohibits activities which at one time were not prohibited
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 an addition and alterations to the seasonal cottage,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 Schneider, seconded by Member Goehringer, and
duly carried,to
GRANT,the variance as applied for,and shown on the architectural drawings,A-1 site plan dated 04/30/2013, last
revised 7/11/13, A-2, A-3 and A-4, prepared by Frank Uellendahl,. R.A., dated 04/30/2013. Subject to the
following conditions;
Page 3 of 3-July 25,2013
ZBAN6661—Breezy Shores Community,Inc.(Willou,;—,,
SCTM#1000-53-5-12.6
DEC 112020
CONDITIONS:
1.The structure shall be used only as an unheated seasonal cottage.
2.No future alterations or additions on the subject cottage may take place without review by the
ZBA, other than necessary minor repairs as determined by the Building Department.
That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued.
Any deviation from the survey, site plan andlor architectural drawings cited in this decision will result in delays
and/or a possible denial by the Building Department of a buildingpermit, and may require a new application and
public hearing before the Zoning Board ofAppeals.
Any deviation from the variance(s)granted herein as shown on the architectural drativings, site plan and/or survey
cited above, such as alterations, extensions, or demolitions, are not authorized under this application when
involving nonconformities under the zoning code. This action does not authorize or condone any current or future
use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses,
setbacks and other features as are expressly addressed in this action.
The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does
not increase the degree of nonconformity.
Yote of the Board: Ayes: Members Weisman (Chairperson), Goehringer,Schneider, Dantes, Horning. This Resolution was
duly adopted(5-0).
4
Leslie Kanes Weisman, Chairperson
Approved for filing 713,0 /2013
` BOARD MEMBERS
Leslie Kanes Weisman,Chairperson �®T soj/'T Southold Town Hall
�®�1 O 53095 Main Road-P.O.Box 1179
Eric Dantes Southold,NY 11971-0959
Gerard P.GoehringerOffice Location:
George Homing R, a Town Annex/First Floor,Capital One Bank
Ken Schneider ���� �® 54375 Main Road(at Youngs Avenue)
C®UUr(,�� \ Southold,NY 11971
http://southoldtown-northfork.net ALO
ZONING BOARD OF APPEALS
S
TOWN OF SOUTHoLD DEC 1112020
Tel.(631)765-1809 o Fax(631)765-9064
FhNDINGS,DELIBERATIONS AND DBTERtNII ATION
MERG OF JULY 25,2013
ZBA FILE: 6660
NAME OF APPLICANT:Breezy Shores Cominunity,Inc. (Ido Mizrahy) - SCTM 1000-53-5.12.6
PROPERTY LOCATION: 65490 Main Road Cottage #25 (aka State Route 25 and .Sage Blvd.) (adj. to Shelter
Island Sound),Greenport,NY
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 ll of the State's List of cat
further steps under SEQRA. Actions, without
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 De
reply dated May 15, 2013 stating that this application is conside"red a matter
forl oPlanningent of issued its
al 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 Consistent
review of the Town of Southold Town Code and the Local Waterfront Revitalization Pro am L y
Standards. The LWRP Coordinator issued a recommendation dated June 24, 2013. Based upon the _info)rmation
provided on the LWRP Consistency Assessment Form submitted to this department, as well e rord
as thecs
available to us, it is our recommendation that the proposed action is CONSISTENT with L
and therefore is CONSISTENT with the LWRP. WRP policy standards
PROPERTY FACTS/DESCRIPTION: Subject parcel, also known as Breezy Shores, is located in the R-80 zone
and contains 82.6 acres. It is improved with three dwellings, a brick building, two garages, 28 seasonal cottages
and 20 sheds. The access to the property is via a private road (Sage Boulevard), and the roe t
south to Shelter Island Sound. The Breezy Shores community is a unique roe deeply rooted in adjacent
historyon the
the Town. The multiple cottages on the property are a pre-existing,non-conforminguse that was
it established prior
to zoning by the Sage family in the early 1900s.The cottages originally housed employees of the
factory until ceased operatiojls, and subsequently, then Sage family brick
were rented as seasonal cottages. In 2000, areal estate
cooperative, Breezy Shores Community, Inc., was established by the
grouownership interest in the Cooperative. The cottage at issue in this applications known as Cottage noand shares were offe25, aas
nd is
owned by Ido Mizrahy. This cottage is shown on the survey drawn by Howard W.Young,sheets 1-3, dated March
04, 2013, and building plans drawn by Frank W. Uellendahl, Registered Architect, sheets Al-3 date
Apr ,
2013,with latest revision dated July 11, 2013 to shown all proposed additions, and the proposed increase inlsiz0e
from the building existing footprint.
BA2of3—Jul 25,2013
2BA 46660—Breezy Shores Community.Inc-(MizrAy) ------- ----- -----�-`' C/��
SCrM#1000-53-5-12.6 IR_LLillE-
3
BASIS OF APPLICATION: Request for Variance from Article XXIII Code Section 280- 3� Building
Inspector's March 7, 2013 Notice of Disapproval based on an application for building 1 o i ions and
alterations to an existing seasonal cottage at, 1) a nonconforming building containing a nonconforming use shall
not be enlarged,reconstructed,structurally altered or moved,unless such building is changed to wconforming use.
RELIEF REQUESTED: The applicant requests a variance to renovate the seasonal cottage 925,including a 5.8 sq.
ft.new addition for the placement of a water heater,with new Code conforming stepped landings for the entrances,
and foundation alterations that will result in a 0.92 increase in the building footprint, and an approximate 16 inch
increase in overall building height in order to conform with current building Code relating to interior wall height.
AMENDED APPLICATION: During the hearing,the applicant was asked to bring the plan into more conformity
with the code. The applicant on July 15,2013 submitted a plan reducing the size of one proposed stepped landing
for a double door entry from 6 x3 ft.to 5 x 3 ft.,dimensions that conform to the minimum size required by building
code.
ADDITIONAL INFORMATION: Representatives of the Breezy Shores Community expressed support for the
Applicant's proposed renovations.
FINDINGS OF FACT/REASONS FOR BOARD ACTION:
The Zoning Board of Appeals held a public hearing on this application on July 11,2013,at which time written and
oral evidence were presented. Based upon all testimony,documentation,personal inspection of the property and
surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant
and makes the following findings:
1. Town Law 4267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the
neighborhood or a detriment to nearby properties. The building footprint will by expanded by 5.8 sq. ft. from the
existing 634 sq.ft.to 639.8 sq. ft. for a total increase in non-conformity of 0.92%. The new stepped landings are
the minimum size allowed in order to comply with building code,and are not to be included in the consideration of
any overall increase in non-conforming habitable space. The building will remain a single story, seasonally
occupied dwelling,in a neighborhood characterized by many similar,seasonally occupied dwellings.
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. Code defines that this seasonal cottage is a part of a larger
non-conforming use of multiple dwellings, all co-located on a single residentially zone parcel. Therefore, any
structural enlargements or alterations require the grant of a variance.
3. Town Law 4267-b(3)(b)(3). The variance granted herein is not mathematically substantial,representing 0.92%
relief from the code,which the Board determines to be de minimus in nature.
4. Town Law L267-b(3)QLjL4LNo 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
existing building will be temporarily raised in place to facilitate the foundation renovations,and then lowered back
onto the foundation. There will be a small increase Of 0.920/a to the existing footprint.The applicant must comply
with Chapter 236 of the Town's Storm Water Management Code and all other applicable building Code.
5. Town Law§267-b(3)(b)(5). The difficulty has been self-created since 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.However,to
the extent that a seasonal structure such as this one periodically requires some degree of reconstruction and/or
alterations to continue the safe use of the structure,the need for variance relief is not self-created,but is created by
zoning Code that now prohibits an existing use and activities that at one time were not prohibited.
` Page 3 of —July 25,2013
7.BA B6660—Breezy Shores Community.Inc (Miiinay-j
SCTM#7000-53-512.6
i
6. Town Law $267-b. Grant of the requested relief is the minimum action necessary;and ad a44 Me the 1
applicant to enjoy the benefit of renovations to a seasonal cottage,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 Homing, seconded by Member Dantes, and duly
carried,to
GRANT,the variance/variances as applied for,and shown on the survey drawn by Howard W.Young, sheets
1-3,dated March 04,2013,and building plans drawn by Frank W.Uellendahl,Registered Architect,sheets A-1,A-
2,A-4 dated April 30,2013,and sheet A-3 with latest revision dated July 11,2013 to shown all proposed additions,
and the proposed increase in size from the building existing footprint.Subject to the following conditions;
CONDITIONS:
1.The cottage use will continue in its current status as an unheated seasonally occupied dwelling.
2.No other alterations or additions may be undertaken without review by the ZBA,except for necessary minor
repairs as determined by the Town Building Department.
That the above conditions be written into the Building Inspector's Certificate of Occupancy,when issued.
Any deviation from the survey,site plan andlor architectural drawings cited in this decision will result in delays
and/or a possible denial by the Building Department of a building permit, and may require a new application and
public hearing before the Zoning Board of Appeals.
Any deviation from the variances)granted herein as shown on the architectural drawings,site plan and/or survey
cited above, such as alterations, extensions, or demolitions, are not authorized under this application when
involving nonconformities under the zoning code. This action does not authorize or condone any current or future
use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses,
setbacks and other features as are expressly addressed in this action.
The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does
not increase the degree of nonconformity.
Vote of the Board. Ayes:Members Weisman (Chairperson), Goehringer, Schneider, Dantes, Horning This Resolution was
duly adopted(5-0).
jQ R r
f�((��/�,/�[N�,�WvY((�l'JJ1�✓✓J�- Wn'1,
Leslie Kanes Weisman,Chairperson
Approved for filing-96 /2013
BOARD MEMBERS _ ® soy Southold Town Hall
Leslie Kanes Weisman,Chairpersons ��� 53095 Main Road-P.O.Box 1179
�®
Southold,NY 11971-0959
Office Location:
Gerard P.Goehringer Town Annex first Floor,Capital One Bank
George Homing ® y� 54375 Maifi Road(at'Youngs Avenue)
Ken Schneider 1�CD { q � Southold,NY 11971
( v DEC I 12020
http://southoldtown.northfoik.net
ZONING]BOARD OF APPEALS EEI&4VED l
TOWN OF SOUTHOLD � I
Tel.(631)765-1509•Fax(631)765--9064 4MR 7 2013
FINDINGS,DELIBERATIONS AND DETERN ATION Utho q0_V
MEETlfFdG OF FEBRUARY 28,2013
ZBA FILE:6622
NAME OF APPLICANT:Breezy Shores Community, Inc. (Naomi Mullman)SCTM#1000-53-05-12.6
PROPERTY LOCATION:65490 Main Rd,Cottage#11,(adj.to Shelter Island Sound)Greenport,NY
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 January 8, 2013 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 January 8, 2013. Based upon the information
provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records
available to us,it is our recommendation that the proposed action is EXEMPT from Coastal Consistency Review.
PROPERTY FACTS/DESCRIPTION: Subject parcel is located in the R-80 zone and contains 82.6 acres. It is
unproved with three dwellings,a brick building,two garages,28 seasonal cottages and 20 sheds.The Breezy
Shores community is a unique property deeply rooted in the history of the Town.The access to the property is via a
private road(Sage Boulevard)and the property is adjacent on the south to Shelter Island Sound.The multiple
cottages on the property are a pre-existing non-conforming use that was established prior to zoning by the Sage
family in the early 1900s.The cottages housed employees of the Sage family brick factory and have been rented as
seasonal cottages. In 2000,a real estate cooperative,Breezy Shores Community,Inc.,was established by the
community and shares were offered as an ownership interest in the Cooperative.The cottage at issue in this
application is known as Cottage no. l l and is owned by Naomi Mullman.All as shown on the survey prepared by
Howard Young,L.S.,entitled Survey for Naomi Mullman,Cottage 11,Breezy Shores,dated July 6,2012,revised
Aug. 1,2012 for General Amendments,Sheets 1 of 2,and 2 of 2.
BASIS OF APPLICATION: Request for Variances from Article XXIII Code Section 280-123, Article X7(II
Section 280-116(B)and the Building Inspector's October 22,2012 Notice of Disapproval based on an application
for building permit for additions and alterations to a seasonal cottage at; 1)a nonconforming building containing a
nonconforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is
changed to a conforming use, 2) less than the code required bulkhead setback of 75 feet, located at: #11 Breezy
Shores Community, Inc., 65490 Main Road (aka State Route 25) aka Sage Blvd. (adj. to Shelter Island Sound)
Greenport,NY.
Page 2 of 3—February 28,2013
ZBA Filc#6622—Breezy Shores Comm.,Inc.(Mullman)
CTM: 1000-53-5-12.6(cottage ill I)
RELIEF REQUESTED: The applicant requests variances to construct an addition and alterations to a seasonal
cottage with a nonconforming use where the code permits no enlargement,reconstruction or alterations unless the 0�i
building is changed to a conforming use,and a bulkhead setback of 54.5 feet(as shown on the survey)where the
code requires a minimum of 75 feet.
ADDITIONAL INFORMATION: The Board received a letter dated February 1, 2013 from the President of the
Breezy Shores Community Corporation indicating approval of the applicant's plans. IDEC 112020
FNDINGS OF FACT/REASONS FOR BOARD ACTION: ;
The Zoning Board of Appeals held a public hearing on this application on February 7,2013 at which time written
and oral evidence were presented. Based upon all testimony,documentation,personal inspection of the property
and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and
relevant and makes the following findings:
1. Town Law 62674(3kb U Grant of the variances will not produce an undesirable change in the character of
the neighborhood nor a detriment to nearby properties.This unique property represents its own neighborhood of
52.6 acres with substantial wetlands and is far removed from adjacent properties.Thus,no adjacent property owner
will be adversely impacted by the proposal.These 28 seasonal cottages on the subject property have been in
existence since the early 1900's when they were built for occupancy by workers in the Sage brick factory.In
the 1940's,when operation of the brick factory slowed cottages were rented to summer guests.Each of the adjacent
waterfront units are similarly located from the bulkhead and are of similar size.
2. Town Law§267-bL3MM,The benefit sought by the applicant cannot be achieved by some method,feasible
for the applicant to pursue, other than area variances. The existing seasonal cottage is a pre-existing non-
conforming building with a pre-existing non-conforming use with a pre-existing non-conforming bulkhead setback
of 54.5 feet. Therefore,any proposed additions and alterations will require relief from the code.
3. Town Law&267-b(3)(b)(3). The variances granted herein are mathemat•,cally substantial. Section 250-123
prohibits the enlargement of non-conforming buildings with non-conforming uses. However,the proposed
addition of 20.6 square feet to the existing bathroom is 3.1%of the pre-existing cottage foot print which the Board
deems to be de minimus in nature and necessary to bring the existing bathroom up to code with a minimum square
footage that is functionally practical.All other proposed alterations will be constructed in place and in kind.The
variance granted herein for relief from Section 280-116(B)is mathematically substantial,representing 27%relief
from the code.However,in the context of the entire community,the variance is not substantial.The
nonconforming cottages have existed in their current locations since the 1940's with each waterfront cottage unit
having a similar non-conforming bulkhead setback.The location of the proposed structure shall remain the same.
4. Town Law $267-M(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 Lave 13267-h(3)MM. 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.However,to
the extent that a structure ultimately and unavoidably requires some reconstruction and/or alterations to allow for
reasonable improvements to continue the safe use of the structure,the need for variance relief is not self-created
but created by the zoning code that now prohibits activities which at one time were not prohibited.
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 additions and alterations to the seasonal cottage, while preserving and protecting
the character of the neighborhood and the health,safety and welfare of the community.
Page 3 of 3-February 28,2013 '
ZBA File#6622-Breezy Shores Comm.,Inc.(Mullman)
CTM:1000-53-5-12.6(cottage#1 1)
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 Schneider, seconded by Member Goehringer, IkQ
duly carried,to 1
GRANT.the variances as applied for,and shown on the survey prepared by Howard Young,L.3.;entitled Survey^
for Naomi Mullman,Cottage 11,Breezy Shores,dated July 6,2012,revised Aug. 1,2012 for General ;
Amendments,Sheets I of 2,and 2 of 2.And the architectural drawings prepared by David Muilmanh a�
follows: Sheets AA and A-2 dated 8/13/12 last revised 11/12/2012 titled"Site Plan for Proposed
"Photo of Existing Cottage",sheet DG-100.00 dated 10/16112 last revised 10/25/12,sheets A-101,A-102,A-103
all dated 10/19/12 and last revised 10/25/12
CONDITIONS:
1.The structure shall be used only as an unheated seasonal cottage.
2.No future alterations or additions on the subject cottage may take place without review by the
ZBA,other than necessary minor repairs as determined by the Building Department.
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 variances)granted herein as shown on the architectural drawings, site plan and/or survey cited
above, such as alterations, extensions, or demolitions, are not authorized under this application when involving
nonconformities under the zoning code. This action does not authorize or condone any current or future use,setback or other
feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are
expressly addressed in this action.
The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of
nonconformity.
Vote of the Board- Ayes:Members:Weisman(Chairperson,)Horning.Goehringer,Schneider. This Resolution was duly adopted(4-0).
Leslie Kanes Weisman,Chairperson
Approved for filing 3 L5— /2013
z BOARD MEMBERS o �rif Si7�� Southold Town Hall
Leslie Kanes Weisman,Chairperson � �� 53i ;5'Main Road•P.O.Box 1179
James Dinizio,Jr. uthold,NY 11971-0959
t: __- - ----• Office Location:
Gerard g Go mi nger :Town-Annex/Fast Floor,Capital One Bank
George Horning a® 54375 Main Road(at Youngs Avenue)
Ken Schneider ��0 ,{, DEC 120203outhold,NY 11971
http:/Isoutholdtown-northrork.net
ZONING BOARD OF APPEALS p ESEIVED
TOW OF SOUTHOLD ZY2
•b
Tel.(631)765-1809-Fax(631)765-9064 7
MI)INGS,DELIBERATIONS AND DETERMINATION *S01d��t��i def
OF JULY 19,2012
ZBA FILE:#6557
NAME OF APPLICANT:Breezy Shores Community,Inc.(Herman Otano,Cottage#5)
PROPERTY LOCATION:65490 Main Road(aka Sage Blvd.)Greenport,NY SCTM# 1000-53-5-12.6
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 November 17,2011 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 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 his recommendation dated November 29, 2011. Based upon the
information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the
records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy
standards and therefore is CONSISTENT with the LWRP.
PROPERTY FACTS/DESCRIPTION: Subject parcel is located in the R-80 zone and contains 82.6 acres. It is
improved with three dwellings, a brick building, two garages, 28 seasonal cottages and 20 sheds. The Breezy
Shores community is a unique property deeply rooted in the history of the Town.The access to the property is via a
private road(Sage Boulevard)and the property is adjacent on the south to Shelter Island Sound, as shown on the
survey dated January 25,2011. The multiple cottages on the property are a pre-existing non-conforming use that
was established prior to zoning by the Sage family in the early 1900s. The cottages housed employees of the Sage
family brick factory and have been rented as seasonal cottages. In 2000, a real estate cooperative,Breezy Shores
Community Inc., was established by the community and shares were offered as an ownership interest in the
cooperative. The cottage at issue in this application is known as Cottage no.5 and is owned by Bernan Otano.
BASIS OF APPLICATION: Request for Use Variance under section§280-13 (A)(1)which permits single family
detached dwellings, not to exceed one dwelling per lot and from Article XXIII Town Code §280-123 and the
Building Inspector's December 12,2011 Notice of Disapproval, updated March 6, 2012 based on an application
for building permit for demolition and construction of a cottage as; 1) a nonconforming building containing a
nonconforming use shall not be enlarged, reconstructed, structurally altered or moved unless such building is
changed to a conforming use
RELIEF REQUESTED: The applicant requests a use variance to permit the demolition and reconstruction of an
807 sq.ft. seasonal cottage.The total 807 square feet includes the habitable space and non-habitable porch,but not
Page 2 of 6—July 19,2012 -
ZBA Fite46557-Otano
CTM: 1000-53-5-12.6
the stairs and landing. The need for a use variance is caused by the request to establish an[)@(DtIo&QO?A(non-
conforming cottage)on a subject property that already has a principal use(dwelling).
ADDITIONAL INFORMATION: The applicant originally applied to the ZBA solely for an area variance for_the
setback of the cottage to the bulkhead. The bulkhead variance is addressed in ZBA decision#6525. During the
initial public hearing on this matter, when questioned on whether the demolition of the structure would cause the
structure to lose its pre-existing nonconforming status,the applicant's response was that the structure was not being
demolished and that, even it if were, that the structure could be permitted under §280-122. After receiving
significant testimony from the applicant's representatives and the Town Building Department,the Board requested
that the applicant submit an application for a use variance. As such, the Board will address below the issue of
whether the structure was demolished; whether this structure constitutes a nonconforming building with a
nonconforming use; whether§280-122 permits the demolition and reconstruction of a pre-existing nonconforming
structure;and whether the applicant is entitled to a use variance.
FINDINGS OF FACT/REASONS FOR BOARD ACTION:
The Zoning Board of Appeals held public hearings on this application on December 1,2011,January 5,2012,
March 1,2012 and June 7,2012,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:
I. Demolition
Based upon the Notice of Disapproval issued by the Building Department on December 8,2011 and
updated on March 6,2012,the proposed action included the demolition and construction of a cottage. It is
important to point out that the Notice of Disapproval was issued after a stop work order had been issued on the
property and prior to the work being completed on the structure.The applicant presented the following
testimony/evidence to illustrate that the proposed construction did not constitute a complete demolition of the
structure:
l. A floor plan with its original application dated 1111012011 indicating"rebuilt existing
walls"and"new walls"
2. A memorandum,received on December 28,2011 that included a listing of items that
remained in the structure and items that were re-built
3. A letter from an Architect,Robert I.Brown dated December 13,2011 stating that"less
than 50%of the structure had been demolished"
At the public hearing on March 1,2012,the Board addressed each item presented by the applicant. The
Board noted that the floor plan submitted dated 11/10/2011 indicated that every single external and internal wall of
the structure was either being rebuilt or was new. (March 1,2012 Transcript,pg.6 lines 15-25). Additionally,the
Board members and representatives from the Building Department noted that based upon the physical inspection
and their experience, it appeared that the applicant took the structure apart piece by piece and reconstructed a major
portion of the structure.
Both the memorandum and letter from Mr.Brown attested to the work that had been performed up to and
until December 10,2011 when the stop work order was issued, but did not account for the additional work that
would be required to complete the construction on the structure. Additionally,Mr.Brown's letter did not contain
the mathematical support for the calculation,nor did he provide such calculations at or after the public hearing as
requested. As such,the statements made therein are simply conclusory with no basis in fact before the Board.
On the other hand,and based upon the physical inspection of the structure the Board notes the following
items:
1. A new foundation was installed;
2. New plywood siding was installed;
Page 3 of6—July 19,2012
ZBA File#6557-Otano
CTM: 1000-53-5-12.6
3. New joists were installed; I n 1
4. New strapping was installed; 1`�
S. A new plate was installed;
6. New plumbing is required;
7. New electric is required; DEC g 2020
8. Every window was replaced;
9. Entire porch was replaced;
10. Each wall was replaced;
11. The roof would be replaced; -- -
12. One third of the floor system was replaced.
As stated by the Chief Building Inspector at the March 1,2012 hearing(transcript p.24,line 25,p.25 line
1)"[ijf you have four walls and you take four walls down it's a demolition." It is obvious that this structure was
taken apart and demolished,piece by piece,and replaced with an entirely new structure. As such,this Board finds
that the amount of demolition and reconstruction that took place and will take place to complete this structure
amounts to a full demolition and the loss of any pre-existing nonconforming status that this building maintained
prior to the commencement of any construction.
Il. Nonconforming Status of the Structure and Inteipretation of§280-122
A. Nonconforming Status of the Structure
As set forth above,the December 12,2011 Notice of Disapproval(updated March 6,2012)identified this
structure as a nonconforming building containing a nonconforming use. Pursuant to§280-123 of the Town Zoning
Code:
A nonconforming building containing a nonconforming use shall not be enlarged,
reconstructed or structurally altered or moved,except as set forth below,unless
the use of such building is changed to a conforming use
At the January 5,2012 pubic hearing,when asked to explain the language of the Notice of Disapproval,the
Building Department Permits Examiner,Patricia Conklin,testified:
"I looked at the paperwork. Saw pictures from the Trustees and
determined with the site review,determined that it was a nonconforming
building.No. I because it is a seasonal cottage and its less than 850 square feet.
Therefore it fits the category of a nonconforming building.The second part of
that nonconforming use is,it's the second structure as a principal building which
is on that property. (January 5,2012 transcript,p 88 lines 11-20)
We have a second structure after the principal one and have one lot. And then
there are subsequent structures,they are not permitted as of right. So that is why
it would be sent to you as a nonconforming use. And then in addition,this is a
nonconforming building because it's less than 850 square feet,as defined in the
Southold[Town Code]." (January 5,2012 transcript,p. 89 lines 3-12)
The applicant presented testimony and case law to this Board to support the argument that the cottage was
a nonconforming building with a conforming use that should be considered under§280-122. More specifically,the
applicant cited Matter of Dawson v.Zoning Board of Appeals of the Town of Southold, 12 A.D.3 d 444,785
N.Y.S.2d 84(2nd Dept.2004)as legal precedent for the principle that the cottage was a residential use.
In Matter of Dawson the Court considered whether a single accessory cottage to a single principle dwelling was a
nonconforming building with a conforming use rather than a nonconforming building with a nonconforming use.
The analysis was important in that instance to confirm whether the ZBA properly focused upon whether the use
had been abandoned for two years under§280-121 which governs nonconforming uses.The Court concluded
Page A of 6—July 19,2012 -
ZRA File#6557-Orono
CTM:1000-53-5-12.6
that the cottage was accessory to the principal dwelling and therefore a nonconforming building with a conforming
use. As such,the abandonment provisions of the Town code were not applicable and area variances should have
been granted.
The facts at issue in this instance are clearly distinguishable from the circumstances present in Dawson.
Here,the ZBA is not simply dealing with a single family dwelling and a single accessory cottage. While the Court
considered the cottage an established accessory use to a principal dwelling,having 28 cottages as an accessory to a
residential use is simply not supported by Dawson.
Pursuant to§280-13(A)(1)each lot in the R-80 zone is allowed to have a one-family detached dwelling,
not to exceed one dwelling per lot. The intent of the this section is clearly to limit the number of dwellings and
residential uses on a single lot and to reinforce the subdivision regulations set forth in Chapter 240 of the Southold
Town Code. This property contains three dwellings and 28 seasonal cottages on a single lot. This is further
complicated by the fact that this"cottage"does not meet the definition of a dwelling under§280-4, that"cottages"
are not addressed as a permissible use anywhere within the Town Code and the Town does notpermit cottages as
an accessory to a principle dwelling. As such,this cottage is treated as a nonconforming building%—i6 a
nonconforming use that requires a use variance.
DEC 112020
B. Interpretation of§280-122
While it is noted that the ZBA does not have to proceed with this issue because it has determined that a use
variance is required,the ZBA will issue a determination on whether§280-122 permits an applicant to demolish and
reconstruct a structure,in place and in kind,without the need for further variances,as argued by the applicant.
Section 280-122(A)states:
Nothing in this article shall be deemed to prevent the remodeling,reconstruction
or enlargement of a nonconforming building containing a conforming use,
provided that such action does not create any new nonconformance or increase
the degree of nonconformance with regard to the regulations pertaining to such
buildings.
Throughout this proceeding,the applicant has argued that,pursuant to§280-122(A),he was permitted to
demolish and reconstruct this structure in place and in kind, in its entirety,without the need for any additional
variances. At the public hearing,the ZBA and Building Department provided the applicant with a copy of a
memorandum of the ZBA to the Building Department from 2002. (March 1,2012 Transcript,pp 16-21).This
memorandum set forth types of"reconstruction"that would not trigger the need for additional variances. Such
activities include,but are not limited to:replacement of windows,raising ceiling height without increasing the
degree of nonconformity;repair or replacement,in place and in kind,of siding or roofing;or replacement or repair
of existing decks,porches or roofs as long as there are no new extension or extensive modifications which increase
the degree of nonconformity.
From the listing in this memo,it is clear that the ZBA has interpreted§280-122 to allow a property owner
to make minor repairs and for minor reconstruction. As such,the tern"reconstruction"as used in §280-122(A)
does not permit the demolition of an entire structure and replacement in kind without obtaining all required
variances.
II.Use Variance Application:
1. Town Law 6267-b(2)(b)f1). The applicant cannot realize a reasonable return for each and every permitted use
under the zoning regulations for the particular district where the property is located, demonstrated by competent
financial evidence. The applicant provided ample evidence that it is not able to realize a reasonable return from the
property without the ability to reconstruct the cottage. The applicant's form of ownership interest in the property is
a severely limiting factor. The Applicant retains a share in a cooperative that is governed through a proprietary
lease, which permits residential uses only on the property. Any other use permitted under the Town Code is
virtually impossible on this property given the cooperative ownership. If not permitted to reconstruct the structure
in place and in kind,the applicant's ownership interest has no value and is rendered useless. The applicant
Page 5 of 6—July l9,2012
ZBA 806557-Otano
CTM:1000-53-5-12.6 r'J
submitted an affidavit regarding the value of the shares in the cooperative,as e I as informa=cargfg� arable
sales in the area of the property,as well as information regarding the maintenance and;carryines on e
property. In light of these circumstances,the Board finds that the applicant cannot realize a reasonable return on his
property interest.
2. Town Law§267-b(2KU 2I-The hardship is unique to the property and it does not apply to a substantial portion
of the district or neighborhood. As set forth above, this property is unique given its historic context and the pre-
exiting nonconforming nature of the entire community. It is one of a limited number of properties in Southold
Town that retain multiple seasonal cottage uses and the only property of this size.The grant of a use variance here
will not create a precedent that would apply to other lots in the community and the decision will apply only to this
property.
3. Town Law§267-b(2I(h)f3). The requested use variance,if granted,will not alter the essential character of the
neighborhood. With respect to preserving the character of the neighborhood, it is noted that this parcel is a
separate enclave that is sectioned off from the surrounding community. It is an 82 acre parcel,with access via a
gated private road. Only those persons who live within Breezy Shores have access thereto. The community is
seasonal and the residents utilize the structures primarily from April through October. The seasonal structures are
strategically located to take advantage of the water views. Additionally,the location of the reconstructed structure
is appropriate within the context of this neighborhood,as the adjacent structures are similarly situated,the location
of the structure is where it was originally and the size of the structure will remain unchanged.
4. Town Law L267-bMfl1{41The alleged hardship has not been self-created. The applicant purchased his
interest in the Breezy Shores community and the subject seasonal cottage in 2002. This structure had been in
existence for many years and the Breezy Shores community required that the applicant make certain repairs to
update the structure,which started with replacing the foundation. Upon raising the house,the applicant discovered
that the condition of the structure was significantly worse than expected and that major reconstruction was
necessary to make it safe and habitable.
5. 'Town Law &267-b. Grant of this use variance is the minimum action necessary and adequate to address the
unnecessary hardship proven by the applicant, and at the same time preserve and protect 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 Weisman (Chairperson), seconded by Member
Goehringer,and duly carried,to
g1 T,the use variance as applied for,subject to the following conditions:
CONDITIONS:
1. The structure shall be used only as an unheated seasonal cottage.
2. No future alterations/renovation or additions on the subject cottage may take place without review by the
ZBA,other than necessary minor repair,as determined by the Building Department.
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 andlor 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.
Pagc 6 of 6-July 19,2012
' ZBA FileP6557-Otano
CTM 1000-53-5-12.6
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 Weisman(Chairperson),Goehringer,Schneider,Horning.
Nay:Member Dini=io. This Resolution was duly adopted(4-1). 1 DEC 112020
Leslie Kanes Weisman.Chairperson
Approved for filing !a /2012
y R
BOARD MEMBERS Southold Town Hall
Leslie Kanes Weisman, Chairperson ����so I/ 53095 Main Road •P.O.Box 1179
�� l0 Southold,NY 11971-0959
James Dinizio,Jr. Office Location:
Gerard P.Goehringer G Town Annex/First Floor,Capital One Bank
George Homing ® YO 54375 Main Road(at Youngs Avenue)
Ken Schneider '��'otiKt'(5� \ Southold,NY 11971
http:Hsoutholdtown.northfork.net DEC 202
0
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD R I c"D8 , S
Tel.(631)765-1809•Fax(631)765-9064 -
7 2W
FINDINGS,DELIBERATIONS AND DETERMINATION f5a1d Tam e
MEETING OF JULY 19,2012
rk
ZBA FILE: 6525
NAME OF APPLICANT:Breezy Shores Community,Inc. (Hernan Otano, Cottage#5)
PROPERTY LOCATION: 65490 Main Road(aka Sage Blvd.) Greenport,NY SCTM41000-53-5-12.6
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 November 17,2011 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 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 November 29, 2011. Based upon the
information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the
records available to us, it is our determination that the proposed action is CONSISTENT with LWRP policy
standards.
PROPERTY FACTS/DESCRIPTION: Subject parcel is located in the R-80 zone and contains 82.6 acres. It is
improved with three dwellings, a brick building, two garages, 28 seasonal cottages and 20 sheds. The Breezy
Shores community is a unique property deeply rooted in the history of the Town. The access to the property is via a
private road (Sage Boulevard) and the property is adjacent on the south to Shelter Island Sound, as shown on the
survey dated January 25, 2011. The multiple cottages on the property are a pre-existing non-conforming use that
was established prior to zoning by the Sage family in the early 1900s. The cottages housed employees of the Sage
family brick factory and have been rented as seasonal cottages. In 2000, a real estate cooperative, Breezy Shores
Community Inc., was established by the community and shares were offered as an ownership interest in the
cooperative. The cottage at issue in this application is known as Cottage no. 5 and is owned by Hernan Otano.
BASIS OF APPLICATION: Request for Variances from Article XXIII Code Section 280-123, Article XXII
Section 280-116 and the Building Inspector's October 14, 2011, amended October 18, 2011, amended to clarify
description of structure dated December 8,2011,Notice of Disapproval based on an application for building permit
for demolition and construction of a cottage at; 1) a nonconforming building containing a nonconforming use shall
not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a conforming use,
existing cottage is a nonconforming building with a nonconforming use 2) less than the code required bulkhead
setback of 75 feet.
3
Paget off—July 19,2012\
CT 10 116525-
CTDEC I 12020
M- 1000-53-5-12.612.6
RELIEF REOUESTED: The applicant requests variances to reconstruct a cottage that was demolished and "as
built" construction with a nonconforming use where the code permits no enlargement,reconstruction or alterations
unless the building is changed to a conforming use, and a bulkhead setback of 50 feet where the code requires 75
feet.
AMENDED APPLICATION: During the hearing,the applicant was asked to separate the two variance requests:
1)the nonconformity to be considered under the use variance standards; and 2)the bulkhead setback under the area
variance standards. The use variance application was reviewed under Zoning Board file#6557.
ADDITIONAL INFORMATION: The applicant was given a building permit to lift the cottage off the foundation
and replace the foundation to conform with FEMA requirements. The applicant demolished the cottage without
benefit of a building permit. The cottage is part of an incorporated community.In 1985, a prior owner applied to
the Zoning Board of Appeals under file#3320 for permission for a 19 lot subdivision of this property; the request
was denied. In 1994, the original owner applied to this Board for permission to continue a discontinued use of
renting the cottages, the application was deemed inactive and closed since the applicant never provided the
additional requested documents. It is also noted that this property does not have 280A approval.
FINDINGS OF FACT/REASONS FOR BOARD ACTION:
The Zoning Board of Appeals held a public hearing on this application on December 1,2011,January 5,2012,
March 1,2012 and June 7,2012 at which time written and oral evidence were presented. Based upon all
testimony, documentation,personal inspection of the property and surrounding neighborhood,and other evidence,
the Zoning Board finds the following facts to be true and relevant and makes the following findings:
1. Town Law 4267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of
the neighborhood nor a detriment to nearby properties.This unique property represents its own neighborhood of
82.6 acres with substantial wetlands and is far removed from adjacent properties. Thus, no adjacent property
owner will be adversely impacted by the proposal. These 28 seasonal cottages on the subject property have been in
existence since the early 1900's when they were built for occupancy by workers in the Sage brick factory. In the
1940's, when operation of the brick factory slowed, cottages were rented to summer guests. Each of the adjacent
waterfront units are similarly located from the bulkhead and are of similar size.
2. Town Law$267-b(3)(b)(2).The benefit sought by the applicant can be achieved by some method feasible for
the applicant to pursue, other than an area variance. While this Board recognizes the existing proprietary lease on
the property that limits the applicant with respect to where he can build a replacement cottage structure, given the
ample size of the property, it is feasible for the applicant to construct this structure in a conforming location. It is
noted that the proprietary lease is a document that can be changed based upon the needs of the community and its
owners. Additionally,the proprietary lease cannot take precedent over the Town Zoning Code.
3. Town Law 5267-1b(3)(b)(3). The variance granted herein is mathematically substantial,representing 33%relief
from the code. However, in the context of the entire community the variance is not substantial. The non-
conforming cottage units have existed in the current location since the 1940's,with each cottage unit in a similar
location. The location and size of the proposed structure shall remain the same.
4. Town Law 4267-b(3)(b)(4) A variance in this residential community will not have an adverse impact on the
physical or environmental conditions in the neighborhood. The applicant has stated that it is not feasible to
relocate the cottage due to the extent of the flood zone this parcel is located in. Additionally, the changes made to
the foundation have made the structure compliant with FEMA. Finally, the applicant shall be required to conform
to the requirements of Chapter 236 of the code regarding storm water runoff.
5. Town Law 5267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the
Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the
Pagpe 3 or3—July 19,2012
ZBA File#6525-otano � V0\\ DEC 112020
CTM 1000-53-5.12.6
limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase
Additionally, the applicant proceeded with a demolition/construction of this structure without the benefit of a
building permit,
6. Town Law 5267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the
applicant to enjoy the benefit of a new seasonal cottage unit 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 Weisman (Chairperson), seconded by Member
Goehringer, and duly carried,to
GRANT the variance as applied for,and shown on the architectural drawings labeled site plan,floor plan,and east,
west, waterside and entry side elevations, prepared by Fairweather Design Associates dated 11/10/2011 and
stamped received by the Board of Appeals on November 10,2011,
CONDITIONS:
1. The structure shall be used only as an unheated seasonal cottage
2. No future alterations/renovation or additions on the subject cottage may take place without review by the
ZBA,other than necessary minor repairs,as determined by the Building Department,
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 andpublic hearing before
the Zoning Board of Appeals.
An)' 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
noneonformities under the zoning code. This action does not authorize or condone any current or future use, setback or other
feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are
expressly addressed in this action.
The Board reserves the right to substitute a similar design that is de ntinimis in nature for an alteration that does not increase the degree of
nonconformity.
Vote of the Board Ayes-Members Weisman(Chairperson), Goehringer,Schneider,Horning
Nqw Me er Dinizio This Resolution was duly adopted(4-1)
Leslie Kanes Weisman, Chairperson
Approved for filing 7 /23 /2012
1
J ,DEC 112020 ',
i
J�� A,,/a ��' I" .Pi iA�d d.I� �i�l//ES y/G�}[L �•�•S�
------....
1�E-_d•_'°4`'!� _ v�c�erulER •�`7'"TA 6_�a GCSE-.?JIS C'.o�_v_�.va� ,
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AGRICULTURAL DATA STATEMENT `V'(/
ZONING BOARD OF APPEALS DEC I I Z020
TOWN OF SOUTHOLD
WHEN TO USE THIS FORM: The form must be completed by the applicant for any special use permit,site
plan approval, use variance, or subdivision approval on property within an agricultural district QR within
500 feet of a farm operation located in agricultural district. All applications requiring an agricultural data
statement must be referred to the Suffolk County Department of Planning in accordance with Sections 239-
m and 239-n of the General Municipal Law.
1)Name of Applicant: —L[.&—A)V t9HL t�
2)Address of Applicant: L R V8 i l0Q43 )i
3)Name of Land Owner(if other than applicant) : I eR S
4)Address of Land Owner: 2.42 ig 19 1& 6 Q AJY 1000
5)Description of Proposed Project: COJ-.JsMUG7' /-7 5 F AVPIV O/J 4-26 (
6)Location of Property(road and,tax map number): &64-90 &-Allaj 20 �XJ
7)Is the parcel within an agricultural district? ❑No XYes if yes,Agricultural District Number
8)Is this parcel actively farmed?,HNo ❑Yes
9) Name and address of any owner(s) 'of land within the agricultural district containing active farm
operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through
the Town Assessors Office, Town Hall location (765-1937) or from any public computer at the Town Hall
locations by viewing the parcel numbers on the Town of Southold Real Property Tax System.
Name and Address
1. /:b8 26P SDv� ICY t'!
2. & ! lO0+7- O
3.
4.
5.
6.
(Please use back side of page if more than six property owners are identified.)
The lot nu s ay be obtained, in advance,when requested from either the Office of the Planning Board at
765-1938 r oard of Appeals at 765-1809.
/a /��/2a20
" Si ature of Applicant Date
Note:
1.The local board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action
on their farm operation.Solicitation will be made by supplying a copy of this statement.
2.Comments returned to the local board will be taken into consideration as part of the overall review of this application.
3.Copies of the completed Agricultural Data Statement shall be sent by applicant and/or the clerk of the board 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.Failure to pay at
such time means the application is not complete and cannot be acted upon by the board.
1-14-09
617.20
Appendix B -
Short Environmental Assessment Form
DEC 2020
Instructions for Completin:?
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
4QV7rA F, ' * !�
Name of Action or Project:
J3&At=�4' 51M2a5 ef&Lf".
Project Location(describe,and attach a locationm p):
jv5�D XI.J)14J 24) RTC. 2S , 4 Wtoop- �J
Brief Description of Proposed Action:
2Al.SW&
OF5-9s01JAL Co77t�G� �avd pQo�a�S� •� !�Sl
Ann1770A4 o/u W05
7 D ;KL PPoPOsj=-b 1XJC2Cf�5l:. 1,S 2.0.G010
Name of Applicant or Sponsor: Telephone:k 1, 4 77. 624
PRA&/K t4CLLCE N t2RI-t( nn t l�t9 E-Mail: �d44/ sd# 4vct r
Address:
/23 C-t—2 q t'_ A v&/ Po40 31'&', AP�4Epow; AJ y 1194¢
City/PO-
T State: ZCode:
/4J(r171434+
1.Does the proposed'action only involve the legislative adoption of a plan,local law,ordinance, NO YES
administrative rule,or regulation?
If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that
may be affected in the municipality and proceed to Part 2. If no,continue to question 2.
2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES
If Yes,list agency(s)name and permit or approval:
-• Z3 UI LlJ l�(,JC� ,a E�?
3.a.Total acreage of the site of the proposed action? 027 6o acres
b.Total acreage to be physically disturbed? C,0001 acres
c.Total acreage(project site and any contiguous properties)owned
or controlled by the applicant or project sponsor? 87 &acres
4. Check all land uses tlyt occur on,adjoining and near the proposed action.
❑Urban Mural(non-agriculture) ❑Industrial ❑Commercial XResidential(suburban)
❑Forest �►griculture ><Aquatic ❑Other(specify):
❑Parkland
Page 1-of 4
5. Is the proposed action, NO YES N/A
a.A permitted use under the zoning regulations?
b.Consistent with the adopted comprehensive plan? Orr
6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES
landscape? V
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:
8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES
b.Are public transportation service(s)available at or near the site of the proposed action?
c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action?
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: V
10. Will the proposed action connect to an existing public/private water supply? NO YES
If No,describe method for providing potable water: v
11.Will the proposed action connect to existing wastewater utilities? NO YES
If No,describe method for providing wastewater treatment: V
12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES
Places?
b.Is the proposed action located in an archeological sensitive area?
1
13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES
wetlands or other waterbodies regulated by a federal,state or local agency?
b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody?
If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres:
J
• q
Y
-
14. Idegtify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply:
horeline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional
Wetland ❑Urban ❑Suburban
15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES
by the State or Federal government as threatened or endangered?
16.Is the project site located in the 100 year flood plain? NO YES
17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES
If Yes,
a.Will storm water discharges flow to adjacent properties? VNO❑YES
b.Will storm water discharges be directed to established conveyance systems andoorm drains)?
If Yes,briefly describe: 40 YES
Page 2 of 4
18.Does the proposed action include construction or other activities that result in the impoundm0n%T k NO YES
water or other liquids(e.g.retention pond,waste lagoon,dam)?
If Yes,explain purpose and size:
M-1- 1 V/
19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES
solid waste management facility?
If Yes,describe:
20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES
completed)for hazardous waste?
If Yes,describe:
I AFFIRM AT HE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY
KNOWLE h
Applicant/sp V, uGLL W V P'WL VILA Date:
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?"
WAR
`,' ; No,or Moderate
.r� w. •rr1�.'` �ti ����. F'P,azr.r'v.`�{>��.i",.�c,,�x,k. sno
f'� "l. �
small to large
r� impact- impact
'•;��'tiAj,Sn.> cz47 �j •yy4� �rr ,44h(S'.s `S!, ,• <<-' r.-�^-C �'�,u• �S,i c
�FiQ`` "`sM 7����'� � '4;� t";}•`st'6,i'r.l r'SFf�``-'����.ap .;ty.. F{'i' � � G may may
�„ r� ., e;,, +Y ,�" •'�ur *.�,� � ��' OCCUC OCCUr
1. Will the proposed action create a material conflict with an adopted land use plan or zoning
regulations?
2. Will the proposed action result in a change in the use or intensity of use of land?
3. Will the proposed action impair the character or quality of the existing community?
4. Will the proposed action have an impact on the environmental characteristics that caused the
establishment of a Critical Environmental Area(CEA)?
5. Will the proposed action result in an adverse change in the existing level of traffic or
affect existing infrastructure for mass transit,biking or walkway?
6. Will the proposed action cause an increase in the use of energy and it fails to incorporate
reasonably available energy conservation or renewable energy opportunities?
7. Will the proposed action impact existing:
a.public/private water supplies?
b.public/private wastewater treatment utilities?
8. Will the proposed action impair the character or quality of important historic,archaeological,
architectural or aesthetic resources?
9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands,
waterbodies,groundwater,air quality,flora and fauna)?
Page 3 of 4
'_ > �,y. _. �t '• r_, No,or Moderate
small to large
impact impact
: .
�zt�'� ��,� =7• -'t�,-�.,, a -�-; '�'�_:N�.��;;;;'i}';��T`�����' ;�.,.��-���
Y-
may may
occur occur
10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage
problems?
11. Will the proposed action create a hazard to environmental resources or human health?
Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every
question in Part 2 that was answered"moderate to large impact may occur",or if there is a,need to explain why a particular
element of the proposed action may or will not result in a significant adverse environmental impact;please complete Part 3.
Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by
the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact
may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring,
duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and
cumulative impacts.
r
J�
DEC 112020
❑ 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
r �
Board of Zoning Appeals Application
DEC 112020
AUTHORIZATION
(Where the Applicant is not the Owner)
1, VCAf,/ wic� VA �.eZj� Col CG&iding at I U S-t <' 9 VO(. (1✓av V*
(Print property owner's name) (Mailiq Address)
do hereby authorize L e i l er0G`
(Agent)
to apply for variance(s)on my behalf from the
Southold Zoning Board of Appeals.
Owner's Signature)
(Print Owner's Name)
N6T42Y 12oei,1c CAe bi_i/1Z UL/42 7r�7i1,f'
COVN7y" Sucr�L,K
ST7 � M`wYo&v— CAROLINE M MACARTHUR
NOTARY PUBLIC-STATE OF NEW YORK
No.01 MA6384635
Qualified in Suffolk County
My Cornmission Expires 12-17-2022
t
1
BREEZY`SHORES COMMUNITY INC DEC 2020
Sage Blvd. j
Greenport,NY 11944
November 25, 2020
The Board of Directors of Breezy Shores Community Inc. (BSCI) 2020/21, consisting of Martha
Brooks President; Mary Dowd, VP; Jennifer Wagner, VP; Diane Nelson, Treasurer; and,Lauren
Heidenry, Secretary, hereby affirm that we have reviewed the renovation proposal for Valerie
and Peter Sakas, cottage 16,which was prepared by:
Frank Uellendahl
PO Box 316
Greenport,NY 11944
(631)477-8624
frank.uellendahl @ gmai l.com
and have no objections thereto.
Thank you,
Diane Nelson,
Treasurer, on behalf of the Board of Directors
BREEZY SHORES COMMUNITY, INC. P.O. BOX 925 MATTITUCK, NY 11952
boardAbreezvshores.com
w
7
DEC I 12020
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 same.
YOUR NAME : SA lC PtS {Tim ltF4 4 UfALCL2C e -�
(Last name,first nanle,middle initial,unless yo are applying in the name of someone else or other entity,such as a
company.If so,indicate the other person's or company's name.)
TYPE OF APPLICATION: (Check all that apply)
Tax grievance 1;- Building Permit
Variance Trustee Permit
Change of Zone Coastal Erosion
Approval of Plat Mooring
Other(activity) Planning
Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer
or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business
interest" means a business,including a partnership,in which the town officer or employee has even a partial
ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the
shares.
YES NO
If No,sign and date below.If YES,complete the balance of this form and date and sign where indicated.
Name of person employed by the Town of Southold l
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 th' d of?`" L,20-2—z–
Signature
Print Name S c
f
AGENT/REPRESENTATIVE -
TRANSACTIONAL DISCLOSURE FORM
i qq����nn
The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and em CesITIesdt!'rliose
of this form is to provide information which can alert the town of possible conflicts of interest and.allow it to take whatever
action is necessary to avoid same.
YOUR NAME LAr)zr
(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: heck all that ate) ___-__•_-_-_ ,_ _ -i - ___/
Tax grievance Building Permt V
Variance k Trustee Permit
Change of Zone Coastal Erosion
Approval of Plat Mooring
Other(activity) Planning
Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer
or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business
interest"means a business,including a partnership,in which the town officer or employee has even a partial
ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the
shares.
YES NO
If No,sign and date below.If 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 applicaut/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 /* be' 20
Signature a
Print Name i� u<< ~L�+EIIV�1� Aerb"
Town of Southold \-
LWRP CONSISTENCY ASSESSMENT FORM
DEC 112020
A. INSTRUCTIONS `
1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for
proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This
assessment is intended to supplement other information used by a Town of Southold agency in
making a determination of consistency. *Except minor exempt actions including Building Permits
and other ministerial permits not located within the Coastal Erosion Hazard Area.
2. Before answering the questions in Section C, the preparer of this form should review the exempt
minor action list, policies and explanations of each policy contained in the Town of Southold Local
Waterfront Revitalization Program. A proposed action will be evaluated as to its significant
beneficial and adverse effects upon the coastal area(which includes all of Southold Town).
3. If any question in Section C on this form is answered "yes",then the proposed action may affect the
achievement of the LWRP policy standards and conditions contained in the consistency review law.
Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a
determination that it is consistent to the maximum extent practicable with the LWRP policy
standards and conditions. if an action cannot be certified as consistent with the LWRP policy
standards and conditions, it shall not be undertaken.
A copy of the LWRP is available in the following places: online at the Town of Southold's
website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all
local libraries and the Town Clerk's office.
B. DESCRIPTION OF SITE AND PROPOSED ACTION
The Application has been submitted to(check appropriate response): ll-L-6'� F1&�jq
Town Board G Planning Dept. M Building Dept.9 Board of Trustees
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:
�2AFCOeyJM�G 'i0"
Location of action:
Site acreage:
Present land use:
Present zoning classification: �-8® f i
2. If an application for the proposed action has been filed with the Town of Southold��g�ricy ReZfollowing
information shall be provided:
(a) Name of applicant: t*C27=M)2 �-
(b) Mailing address: !Z1Z 4�916,67'
A.1,5w Yee 14Y loo©3
(c) Telephone number:Area Code( ) ��1� g592
(d) Application number,if any:
Will the action be directly undertaken,require funding,or approval by a state or federal agency?
Yes ❑ No Y If yes,which state or federal agency?
DEVELOPED COAST POLICY
Policy 1. Poster 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 [�j(Not Applicable-please explain)
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 R No (Not Applicable—please explain)
P )
IN`
1
Attach additional sheets if necessary DEr I I- 207 — 1
i
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 0 No VNot Applicable—please explain)
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 V(Not
ages 8 through 16 for evaluation criteria
GYes a No Applicable—please explain)
Attach additional sheets if necessary
Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III
—Policies Pages 16 through 21 for evaluation criteria
0 Yes 0 No Not Applicable—please explain)
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.
0 Yes 0 No V(Not Applicable—please explain)
DEC 112020
Attach additional sheets if necessary
Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section -III Policies
Pages 32 through 34 for evaluation criteria. See Section III—Policies Pages; 34 through 38 for evaluation
criteria.
❑ Yes ❑No V(Not Applicable—please explain)
Attach additional sheets if necessary
Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous
substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria.
❑Yes ❑ No (Not Applicable—please explain)
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.
❑ YeF-1 No W(Not Applicable—please explain)
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 LWI2P Section III—Policies; Pages 47 through 56 for evaluation criteria.
❑� Yes ❑ No 5/(Not Applicable—please explain)
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 Not Applicable—please explain
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 5/Not Applicable—please explain
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 VNot Applicable—please explain
10/15/2020 Gmail-ZBA APPLICATION-SAKAS#16
MGmail Frank Uellendahl <frank.uellendahl@gmail.com>
ZBA APPLICATION - SAKAS #16
1 message
Frank Uellendahl <frank.uellendahl@gmail.com> Thu, Oct 15, 2020 at 11:53 AM
To: Frank Uellendahl <frank.uellendahl@gmail.com>
DEC 112020
--- 11
PHOTO#1, NORTH DIRECTION -DATE: 10.15.20
PHOTO#2, NE DIRECTION -DATE: 10.15.20
https:Hmail.google.com/maiUu/0?ik=7d673c7l 75&view=pt&search=all&permthid=thread-a%3Ar-8557907467956536654&simpl=msg-a%3Ar-5818328... 1/2
10/15/2020 Gmail-ZBA APPLICATION-SAKAS#16
MGmall Frank Uellendahl <frank.uellendahl@gmail.com>
ZBA APPLICATION - SAKAS #16
1 message
Frank Uellendahl <frank.uellendahl@gmail.com> Thu, Oct 15, 2020 at 12:00 PM
To: Frank Uellendahl <frank.uellendahl@gmail.com>
DEC 112020
i
I;
i <f
PHOTO#3, SOUTH DIRECTION - DATE: 10.15.20
'F
Ff4 i
I�
I
1 s
r PHOTO#4, SOUTH DIRECTION -DATE: 10.15.20
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ACR. S 3, )� REMARKS 5 ee- 04 L �d
TYPE OF BLD.
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I o1s PROP. CLASS #3q o f e
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LAND JIMP. TOTAL DATE i6 )-7L11) SP435q2q - ion
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FRONTAGE ON WATER HOUSE','/LOT s
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BULKHEAD r
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TOWN OF SOUT'HOLM PROPERTY RECORD CARD
------F---
ISTI SUB. LOT
OWNER STREET VILLAGE
ACR. REMARKS
TYPE OF BLD.
PROP. CLASS
try dl 1,s') 4�l 7
LAND IMP. TOTAL DATE 7,10e) qL�1731"Z()"VWS b1,1( 2—
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TOWN OF S D PROPERTY RECORD CARD— 5 OUTHL
OWNER STREET VILLAGE DIST. SUB. LOT
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TYPE OF BLD.
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LAND ` IMP. v TOTAL DATE l�� P 9 35g2q
Fri
FRONTAGE ON WATER HOUSE/LOT
BULKHEAD !'
TOTAL
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FORMER OWNER N r ' i ACR. ;
5 W� ! TYPE OF BUILDING
RES. SEAS. ` VL. FARM COMM. CB. MISC. Ml<t' Value T
LAND IMP, TOTAL DATE REMARKS7-)
> r T
Lf
! 1\I f11 1, p as CS CJ n
AGE BUILDING CONDITION „ '500
NEW NORMAL BELOW ABOVE � p i �t m -
s /",0 C. e-7 '
FARM' Acre Value Per Value
Acre A/C.0- 9 C,
eqCa
illable 1L `•t 401 (-, f o�
illable 2 j r�—h' r7 17 e n) G o �i, 14 GC C Ad
illable 3
/oodland
vampland FRONTAGE ON WATER 7o r
rushland FRONTAGE ON ROAD
1
ouse Plot DEPTH
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Type Roof Rooms 1st Floor BR.
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-
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S FIN. B
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Total
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undation (,S• Bath Dinettes ;
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Garage ? o T�rpe Roof �. Rooms 1st Floor BR. _
Patio ►� +► u Aecreation Room Rooms 2nd Floor FIN, B i
01 B. Dormer Drivewoy
Total -
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1`
OWNER STREET VILLAGE DIST. SUB. LOT
FORMER OWNER N E ACR. r o�
b � '� -"' � a �' '� �J ��7T'-7i1—�� U:l�/-` �• rte, � Co�T. I -�,
S W TYPE O'F BUILDING
('eC 01'1 , C �
:ES. ' SEAS. V17
VL. FARM COMM. CB. MICS. Mid. Value
LAND IMP. TOTAL DATE REMARKS
30.75 ¢V'.�C-•,f r•�•C,d.`..�-c!1 �Q e.C�e� � .e'C W.-t�e:1 t �'?�J .� a
i/r' ��'7` !�"� .3 t7 � c' ��• � J �C7` y'� �G� r-f a-v r X / 4--�-, ' Q—vl r'.[.u^:�_c..�_. 9 z � �`:°�.O - ,2 D o-a
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42.'T6- %'• / rte/,�/ �rJ �?�i,��_ .
n-G ��� C-I-�IJP V2 �.� (.J J''J �_I—S1.
AGE BUILDING CONDITION e
I . 514 r 1 r-r —
\IEW NORMAL BELOW ABOVE3 C 'L /13r),�(��,� l !ar'1U,� �;t/1C; T_ L C
=ARM Acre Value Per Value BU��H� G Br7 N
----- Acre I o �:• - ';:r[� 5 f - - .t 4. --�<
illoble FRONTAGE ON WATER i �' / 1.I •?�uc.!
_ i +�.'1,' -a_�` �'t' � �.�7�; I IL.r-s.•'iarr\.'1`I'�?C� �,��ry:i H'(�r•u�lns Yc��
/oodland FRONTAGE ON ROAD "
leadowlond DEPTH
ouse Plot BULKHEAD
otal DOCK
ZBA TO TOWN CLERK TRANSMITTAL SHEET
(Filing of Application and Check for Processing)
DATE: December 18, 2020
ZBA# NAME OF APPLICANT CHECK# AMOUNT TC DATE STAMP
T Breezy Shores Comm
7461 Inc, (Sakas #16) 1197 $250.00 RECEIVED
0 E C 2 1 2020
-S no dhold Thum CW
TOTAL $250.00
Sent via Inter-Office to Town Clerk by: DW
Thank you.
-
a,�,
ELIZABETH A.NEVILLE,MMC �� �� Town Hall, 53095 Main Road
TOWN CLERK P.O.Box 1179
Southold,New York 11971
REGISTRAR OF VITAL STATISTICS 110 Fax(631)765-6145
MARRIAGE OFFICER Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER
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: December 21, 2020
RE: Zoning Appeal No. 7461
Transmitted herewith is Zoning Appeals No. 7461 for Breezy Shores Comm Inc (Sakas #16):
_ZNotice(s) of Disapproval
_,,-The Application to the Southold Town Zoning Board of Appeals
Applicant's Project Description
.1_LQuestionnaire ('
_,,Correspondence-� c,� 1 rower '�iour�e_ clSor. �i�2�5�t-o
,/Certificate(s) of Occupancy
Building Permit(s)
Misc. Building Dept. forms (Certificate of Compliance, Housing Code Inspection, etc.)
Misc. Paperwork-
Copy of Deed(s)
Findings, Deliberations and Determination Meeting(s)
Agricultural Data Statement
ZShort Environmental Assessment Form
Board of Zoning Appeals Application Authorization
Action of the Board of Appeals
.Applicant/Owner Transactional Disclosure Form(s)
Agent/Representative Transactional Disclosure Form(s)
,,/LWRP Consistency Assessment Form
Photos
Property Record Card(s)
Maps-
,/Survey/Site Plan
Drawings
"own of Southold
P.O Box 1179 V
Southold, NY 11971
* * * RECEIPT * * *
Date: 12/21/20 Receipt#: 276835
Quantity Transactions Reference Subtotal
1 ZBA Application Fees 7461 $25000
Total Paid: $250.00
Notes:
Payment Type Amount Paid By
CK#1197 $25000 Breezy Shores Comm Inc,
(Sakas#16)
Southold Town Clerk's Office
53095 Main Road, PO Box 1179
Southold, NY 11971
Name: Breezy Shores Comm Inc, (Sakas#16)
242 E 19th St Apt 14 D
New York, NY 10003
Clerk ID: JENNIFER Internal ID.7461
AFFIDAVIT OF PUBLICATION
The Suffolk Times
LEGAL NOTICESOUTHOLUTOWN ZONING BOARD OF APPEALSTHURSDAY, FEBRUARY 4, 2021 at 10:00
AMPUBLIC HEARINGSThis PUBLIC HEARING will,be held virtually via the Zoom online platform. Pursuant
to Executive Order 202.1 of New York Governor Andrew Cuomo in-pefson access by the public will not
be permitted.The public will have access-to view,listen and make comment during the meeting as it is
happening via Zoom-Webinar. 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.southpldtpwnny,gov/agendacenter. Additionally,,there-will be,,3 link to the Zoom Webinar
meeting,at http://www.southoldtownny.gov/calendar.aspx. 10,00 AN. GEORGE CAVAGNARO i#74,52-
Request fora variance from Article XXIII,Section 280124;and the Building Inspector's October 28,.2020
Notice of Disapproval based on an application fora permit to construct additions andalterations-to an
existing single-family dweiling;at 1) located less than the.code rewired front yard setback of35 feet;
located at.,265 Racketts Court,Orient,NY., SCTM No. 100Q-176-9,1.10-10 AN.-PEDRO RIVAS AND
PIRA TEJADA#7458-Request for Variances from Article III,Section 28045;Article XXIII,.Section 280-
124;and the Building Inspector's September 11,2020 Notice of Disapproval based on an application for
a permit to construct additions and alterations to an existing,single family'.dwelling and to legalize an "as
built" accessory shed;at 1) proposed dwelling is located less than the code required front yard setback
of 35-feet;2) proposed dwelling is located less than the code required rear yard setback of 35 feet;3)
proposed construction more than the code_permitted maximum lot coverage of 20%;4)"as built"shed
located in other than the code permitted rear yard;loca't'ed at:305 Flint5treet,Greenport, NY, SCTM
No.. 1000-48-2-7.1.10:20 A.M.-MARI SHEA#7460-Request fqra Variance from Article XXIII,Section
,280.124 and the Building Inspector's December,1,2020 Notice,of Disapproval.basedon an application
for a permit to construct additions and alterations to an existing single farY111y•dweliing;at 1)located less
than the code requiredfr6niyard setback of-40 feet;located at:1350 Smith Road,Peconic,NY.SCTM`
No.1000-984-25,1.10:30A.M,-PETER AND,VALERIE SAKAS(BREEZY SHORES COTTAGE#16}#7461-
Reque's't for a Variance,fromArticle.XXIII,Section 280-123.and the Building inspector's December 8,20,20
Ndtice of Disapproval based on an application fora permit to construct additions and alterations to an
existing seasonal cottage;at 1) a'non-conforming building containing a non-conforming use shall not be
enlarged, reconstructed,structurally altered or moved,unless such building is changed to a conforming
use;at.,65.490 Route 2S, (Breezy Shores Cottage#16,Adj.to Shelter Island Sound)Greenport, NY,
SCTM#1000-53.-5-12.6. 1.0:40A.M.-CHARLES AND HELEN SZARKA(BREEZY SHORES COTTAGE#17)
#7462-Request for a-Variance from Article XXIII,Section 280-123 and the,Building Inspector's
December 8, 2020 Notice of Disapproval based on an application for a permlt t'o construct additions and
alterations to an existing seasonal gottage;at 1)a non-conforming building containing a non-conforming
use shall not be enlarged, reconstructed,structurally altered or moved,unless such building is changed
to a conforming•use;at:6 490 Route 25, (Breezy Shores Cottage#17,Adj.to Shelter IS,land'Sound)
Greenport,NY..SCTM No.#10Q0-$3.5-12.6.10:50 A.M.-MATTHEW KAELIN AND KATHRYN COLLINS
47464-Request for Variances from Article.XXlll,Section 280-124;and the Building Inspector's October
24 2020 Notice of Disapproval based on an application for a permitto construct additions and
alterations to an existing single family dwelling,at 1) proposed dwelling is located less tharrthe.code
required front yard setback of 35 feet; 2) more than the code permitted maximum lot coverage-of 20%;
located at:328 Avenue B, Fishers Island, NY. SCTM No. 1000-6-2-13.1.11:00 A.M.-KONSTANTINOS
DIAKOVASILIS#7465SE-Applicant requests a Special Exception under-Article III,Section 280-136(13).
The Applicant is owner of subject property requesting authorization to establish an Accessory
Apartment in an existing-accessory structure; at:2095 Ruth Road,Mattituck,,NY.SCTM#1000-106.-7-
6.1:00 P.M.-12425 SOUND,LLC,ANDREW FOHRkOLB#7459SE—Request for a Special Exception
pursuant to Article XV,Section 280-626(11)and Article XXVI,Section 280-146D,the applicant is
requesting permission to convert and expand an existing two story residential dwelling to six units of
bf447580-3d30-48be-a32a-b6a207ad3606 kimf@southoldtownny.gov
SOUTHOLD TOWN BD OF APPLS
AFFIDAVIT OF PUBLICATION
The Suffolk Times
affordable rental h using,%located at 12425 Old Sound Avenue, Mattituck,NY SCTM No.1000-141-'3-
39.1,,20 P.M,:SUFFOLK COUNTY ENERGY STORAGE ii,LLC#7463SE—Request for a Special Exception
pgrspantto Article XV,Section 280-628(5),the applicant,is requesting permission to construct and allow
for public utility structures-and uses;i,-e„battery energy-storage system facility;located at 69430 Main
Road(NYS Route 25),Greenport,NY SCTM No.-1000-45-5-1-The Board of Appeals will hear all persons
of1heir tepresentatives,desfringto-be heard at each hearing, and/or destring to subttlit-written
statements before the,conolusioo of each hearing. Each hearing will hot.start earlier than designated
above. Files are aualfable for review on The Tewn's Weblink/Loserfiche vtr'deT ZQ6,Mg ward of Appeals
(ZBA)\Board"ActionsNPending, Click Link:http://24,3,8,28,22$1,204,0/weblink/Bro*se.asp*dbid=o. If you
have questions,please telephone nur office at(631)7.65.-1809,or by email.-
kitof@@ Wthdldtownny,govDated,JahuaN Ili 2021 ZONING BOARD OFAPPEALSLESLIE
KANE$WEISMAN�CHAiRPfRSON BY: Kirn E,Fuentes54375.Maln Road(Office),P.O.Box 117.9,.
Southold,NY 11971-0959
bf447580-3d30-48be-a32a-b6a207ad3606 kimf@southoidtownny.gov
SOUTHOLD TOWN BD OF APPLS
i
RECEIVED
AFFIDAVIT OF PUBLICATION
The Suffolk Times FEB 2,4 2021
State of New Ydrk, � � Zoning Board of Appeals
County of,.Suffdlk,
The undersigned is the authorized desighee•df,the publisher of.TheSuffolk-Times,a-Daity°Newspaper
published in Suffolk County,.New York. l,c•,ertify thatthe.public noti�ea printed copy of which is
at hereto,was printed and•publishetl irr.this newspaper'ph the following date:
January 28,.2021 ;
This,newspaper has been designated by the County.CtpOk of Suffol)(County,as,a newspaper_of record in
this-county,and assuch,iseligibleto publisTi such notices,. .
"Signature'
Eliot T.Putnam
ReInte•d-Name
Subscribed and sworn tvbefore me,
ThislgLdayof 20
1. 42
4�Jr
Notary Signat JI
``,`� pti1'�ttrrylr�,r,r►,��
STATE
OF'NtNV TORIC'.
NOTARY PUBLIC
4 • ALBANY
Notary Public Stamp % Q� ,.
`VION
11!11{111
bf447580 3d30-48be-a32a-b6a207ad3606 kimf@southoldtownny.gov
SOUTHOLD TOWN BD OF APPLS
BOARD MEMBERS S® Southold Town Hall
Leslie Kanes Weisman,Chairperson ®��® Ur�®�® 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 Planamentoc®U Southold,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, FEBRUARY 4, 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
FEBRUARY 4, 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.southoldtownny.govlagendacenter. Additionally,there will be a link to the
Webinar Zoom meeting at http:/lwww.southoldtownny.qov/calendar.aspx.
If you do not have access to a computer or smartphone,there is an option to listen in via
telephone.
10.30 A.M. - PETER AND VALERIE SAKAS (BREEZY SHORES COTTAGE #16) #7461 -
Request for a Variance from Article XXIII, Section 280-123 and the Building Inspector's
December 8, 2020 Notice of Disapproval based on an application for a permit to construct
additions and alterations to an existing seasonal cottage; at 1) a non-conforming
building containing a non-conforming use shall not be enlarged, reconstructed,
structurally altered or moved, unless such building is changed to a conforming use; at:
65490 Route 25, (Breezy Shores Cottage #16, Adj. to Shelter Island Sound) Greenport,
NY. SCTM#1000-53-5-12.6.
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/webiink/Browse.aspx?dbid=0.
Dated: January 21, 2020 ZONING BOARD OF APPEALS
LESLIE KANES WEISMAN, CHAIRPERSON
By: Kim E. Fuentes
54375 Main Road (Office Location)
53095 Main Road (Mailing/USPS)
P.O. Box 1179
Southold, NY 11971-0959
r
BOARD MEMBERS Southold Town Hall
O��rjF S53095 Main Road-P.O.Box 1179O�r�I
Leslie Kanes Weisman,Chairperson y
Q Southold,NY 11971-09.59
Patricia Acampora Office Location:
Eric Dantes Town Annex/First Floor,
Robert Lehnert,Jr. :r1h • COQ 54375 Main Road(at Youngs Avenue)
Nicholas Planamento l Southold,NY 11971
http://southoldtownny.gov
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel.(631)765-1809-Fax(631)765-9064
January 4, 2021
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
February 4,-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 comments.
Below, please see instructions for the video conference hearing;and material required to 'prepare
for the ZBA public hearing which includes: PLEASE READ CAREFULLY.
1. Yellow sign to post on your property a minimum-of 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 street frontages. Posting should be done no,later than January 28,2021.-To
avoid weather damage-to your sign-please-affix Kto a sturdy surface such as plywood. If
Your sign is damaged please call the office and we will provide you with another one.
Prior to your-public hearing, members,of the.Board of Appeals will each conduct-a
personal inspection of your property.If a Board member_reports that there is-no signage
visibly on display as required by law,your scheduled hearing will be adjourned to a later
date to ensure compliance with Chapter 55-1 (B) 1 of the Town Code.
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 January 25,2021,verifying that you have properly mailed and posted.Please attach
a photograph of the posting on your property with your affidavit of posting.
5. Instructions for Laserfiche/Weblink to view application.
f
Instructions for7ZBA-Public Hearing
Page 2
Aqj\
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 January.19,2021.
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.
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=.goy or
elizabeth.sakarellos@town.sotithold.0'.us
c. Instructions for'Laserfiche/Weblink to view all pending applications. (Enclosed)
Link to view pending applications: http://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'>Assessor&J Assessment Books/Tax Rolls 82010-2019-;2019
http:H24:39.28.228:2040/weblink/0/doc/102225O/Pa eg_1.aspX.
IMPORTANT INSTRUCTIONS: Scan and email the USPS mailing receipts, green signature
cards and affidavits to kimf@southoldtownny.gov, and promptly USPS mail the originals to the
Town of Southold, ZBA, P.O. Box 1179, Southold,NY 11971.
Please note that without your mailing receipts, the ZBA will be prevented from
conducting your hearing pursuant to New York State Law.
Please be reminded that New-York State Law requires the ZBA to follow the above
specific policies. If for any reason,you are unable to prepare for your publie hearing
as instructed, please let us know.
Sincerely,
Kim E. Fuentes
Board Assistant
kimf@southoldtowM.gov
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Above, Lists all Pending Applications under Board Actions/Pending URL Address, Link is
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Laserfiche Instructions
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Above: Agendas, Minutes and Transcripts are in chronological order.
Revised 6/15/2020
i4uTltw. E OF HEARli4G
The following application will be heard by the Southold Town
Board of Appeals VIA ZOOM WEBINAR - REFER TO ZBA
EBSITE FOR AGENDA on httpm. southoldtownny. gov
NAME : SAKAS , P . & V. ( BREEZY SHORES
COTTAGE # 16) #7461
SCTnn # mN 1 000-53-5- 1 26
J RIANCE : INCREASE IN NON -CONFORMITY
REQUEST: ADDITIONS & ALTERATIONS TO
SEASONAL COTTAGE
DATE : THURS . FEB 4, 2021 1 0 :30 AM
You may review the file(s) on the town 's website under Town
Records/Weblink : ZBAI Board Actions/ Pending .
BA Office telephone (631 ) 765-1 809
_�1✓e.7&J
TOWN OF SOUTHOLD �t kcLS (o
ZONING BOARD OF APPEALS Appeal No.
SOUTHOLD, NEW YORK
AFFIDAVIT
OF
In the Matter of the Application of:
�'��L4,� I MAILINGS
18 y cs eS 6VWU4LMA
(Name of Applicant/Owner)
(QG4-g o P—T� `2-9 SCTM No. 1000- � `2'6
(Address of Property) (Section, Block &Lot)
COUNTY OF SUFFOLK
STATE OF NEW YORK r
1, ( ) Owner, (x) Agent �2)A
residing at l2 New York,
being duly sworn, deposes and says that:
On the I2-W'( dayofP7%,tU6L-t-bj 20Zi, I personally mailed at the United
States Post Office in ew York, by CERTIFIED MAIL,
RETURN RECEIPT QUEST D, 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 P�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 a 'ant's property.
(Signat e)
CONNIE D.BUNCH
Sworn to before e this Notary Public,State of New York
�:A J-L day of arm , 24 No.01 BU6185050
Qualified in Suffolk County
LCommission ExpiresApril 14,2 any
(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 be submitted to the ZBA Office along with
this form completed, signed and notarized.
,
I i
SENDER. COMPLETE TH COMPLETE THIS SECTION it
■ Complete items 1,2,and 3. A. Signature
■ Print your name and address on the reverseX r-713Agent
so that we can return the card to you. ❑Addressee
■ Attach this card to the back of the mailpie . - B. Received by(Printed Name) C, at of e iyery
or on the front if space permits. _ /Ll 8 (1
1. Article Addressed to: - D. Is delivery address different from item 1? ❑ es
� ��2 �0 I� /•_���+'� If YES,enter delivery address below: E3No
IZ2_,57
/44 i1 Mck, IJ Yl 4l4 2
3. Service Type ❑Priority Mail Express@
II I�I l it11 111 l 111111 111911 I IIII�I I I I I II III
El Adult Signature El Registered MaIlTm
❑Adult Signature Restricted Delivery ❑ Restricted
Mail Restricted
J�Mertified Mail@ Delivery
9590 9402 6031 0069 4421 24 ❑Certified Mail Restricted Delivery ❑ReturnReceipt
I ❑Collect on Delivery I
2. Article Number(Transfer from service.lebel) ❑Collect on Delivery Restricted Delivery 13 Signature ConfirmationTTM
t ❑Insured Mall ❑Signature Confirmation
""—"Y"1 Restricted Delivery' Restricted Delivery
7020 2450 0002 2729 5164=-
Domestic-Return Receipt
• • •
•
•
■ Complete items 1,2,and 3. A. Signature
❑Agent
■ Print your name and address on the reverse X
j 13 Addressee
so that we can return the card to you.
I
■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Delivery
� or on the front if space permits.
1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes
If YES,enter delivery address below: ❑No
ti GG 4
+; ¢ AJY116�J"e !
3. Service Type ❑Priority Mad Expre
❑Adult Signature Restricted Delss@
II I IIIIII IIII III I I I I I II I III II III I I II II II II I III Adult Signature El Registered Mail IA RDelivery ❑Registered Mall estrictad�
Certified Mad@ Delivery
rtified Mad Restricted Delivery ❑Return Receipt for
9590 9403 0769 5196 1273 43 e
1 ❑Collect on Delivery Merchandise
❑Collect an Delivery Restricted Delivery ❑Signature ConflrmationT
2. Article Number(Transfer from service label) _ CLJr I, pd M-a l • . . , ❑signature Confirmation
_ Il Restricted Delivery' Restricted Delivery
7020 245'0 '0002 ' 2729 5 0 7.2 f
® 3 Domestic Return Receipt
o -
COMPLETE THIS SECTION ON QELIVERY
r
COMPLETE •
A. Signature
[3 Agent
■ Complete items 1,2,and 3. d �—
S ■ Print your name and address on the reverse X J e ❑Addressee
so that we can return the card to you. B. Rec 'v d (Printed Name)' C. Date of Delivery
t
fill Attach this card to the back of the mailpiece, —2—
or
or on the front if space permits.
1. Article Addressed to: D. Is de ery address afferent from Item 17 ❑Yes
If YES,enter delivery address below: ❑No 5
Au Ver Vd, 'Pike(
3, Service Type ❑Prionty_Mad Express@
{ ❑Adult Signature ❑Registered MaIITM
I III'I'I'I I'll I'lll III Ii�lll II Illllll'IIIIII III ❑Adult Signature Restricted Delivery ❑Delivery Mall Restricted
' Certified Mad
@ ❑Return Receipt for
8590 9403 0693 5196 2181 86
[3 certified Mail Restricted Delivery Merchandise
❑Collect on Delivery ❑Signature Confirmation"'
❑Collect on Delivery Restricted Delivery ❑Signature Confirmation
2. Article Number(Transfer from service label) ❑Insured Mad ,, 5 Restricted Delivery
'Restncted Delivery i
�I7 0 2 0 245 0 0 0 2' 27' 9 15 010 Domestic Return Receipt ;
� ® 6
CERTIFIEDU.S. Postal Service"m
© RECEIPT o ® © ® a
Domestic
M s. o
CAR
Er
SOUChbl0 •#-Y 10 L=2 i ��� 8w33
0"1 F t!f��E A ! U 8 4
fl.l Certified Mall Fee Q'
rU Certified Mad Fee $, 55 0944
�.r� $ $3.55 6944 , 17,1- �••-•
Extra Services&Fees(checkbox,add fee pprophate) 2(I fl l $ 7 2�1
Extra Services&Fees(check box,add fee p ate
❑Retum Receipt(hardcopy) $ d 0 tri t �qo ) _-
� ❑Return Receipt(electronic) $_�i��f•i-�— ❑Return Receipt(hardcopy) -$ �U
rU ❑Certified Mali Restricted Delivery $ u•'•f '( i.�7" .Postmark O ❑Return Receipt(electronic) $ �i11.(II] —'—'Postmark
-- n-- ,— _ St,>; Here ❑Certified Mall Restricted Delivery $ 0,,, ( #9� Here
❑Adult Signature Roquired $ g't pag�r�"Wit?. Q ` `-�� •;�""R�, •
C3 r—)---•— �x '; 0 ❑Adult Signature Required $ =r _
❑Adult Signature Restricted Delivery$ it V.011 \ E]Adult Signature Restricted Delivery$ •`'" t
O Postage r 0��
Lr) „ p Postage $0.55 1 i
i Ln
Total Postage and Fees ,� U1/11721J21 _- Total Postage and Fes 01/11/21:121
$ $6.95 ,�' ru Va 95
1 O Sent To $ k _
>� IO Sent To �' -/� ��C T J
ru
--L '_� �//9 /fin
Street and Apt IVo,orP ox o. r- rr`� ° k____�G___S ----------------------
C3 _ f
-- -----------------�----- -- O [reel and Apt No.,or pO Box �'`J
Cityo.
State,ZlP+4� ------------
City •�
o� // State,ZlP+4m� r / AJ 110
0 o
ITI �• •
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ru ru
GLr) ro �.� �1�G A, L �� � � Lr) Nees DY r Y �OGQ9 • � .
fU Certified Mad Fee r L {
r- $ $3.55 0944 I fU Certified Mad Fee
RJ Extra Services&Fees(checkbox,add fee s�P{�qp�w 20 r $ $3.55 0944
❑Return Receipt(hardcopy) $ tJ pelt' te) rU Extra Services&Fees(checkbox,add fee ?nate) 20
❑Retum Receipt(electronic) $ f 1.(1r 1 ❑Return Receipt(hardcopy) $�i I-111 I
O Postmark ; rU ❑Return Receipt(electronic) $ IJ f fl ”
El Mail Restricted Delivery $ $i�}TI o Here t� `� ■�. ���{• �`tD FoStmark
E3 ❑Adult Signature Required $_,fir, r„-, O ❑Certified Mall Restricted Delivery $ �.�f� -r•,Here°;
1 ❑Adult Signature Restricted Delivery$ ❑Adult Signature Required $ �t�° ���—i i
� Postage —�.y i t�'e I C3 El Adult Signature Restricted Delivery$ �� t��'
nr
$11.55 £ - E M Postage dArV 1 202 E
Total Postage and Fees *I 11/,11/21.121 Ln Llata
$0.55
021 ru (11/11/2021
$6.95 95 ` ge end Fees
$ 1.,.
O Sent To $6•rU �� � 1,� p r1 1------�---------- ----------- ��j�O Street andApt No� �j l�(o. .„� �L:C= p pt No.,or P Box lVo.City State ZlPr4� r` (-- ------- � Z 20 4- -
-- -- � -- - ��ZIP+4®/ 1 n/ 7 '10r4l
TM1
Postal
ID. .
ICU
r 1-1
CerGSed Mad Fee Sad �`.i'V 9 a N' J45'
$, � 1944 -, r I U � E
$ d°tirrY r 1 i rrU Certified Mad Fee ��
i
r U Extra Services&Fees(checkbox,edd fee spm te) 21-1 [� �'�• '! 0944
❑Return Receipt(hardcopy) $ fr ,1 I I $ 7 G 1
Extra Services&Fees(checkbox,add fee p ate) 21”
O ❑Return Receipt(electronic) $ $1,00 Postmark ❑Return Receipt(hardcopy) $ ��.!t��
❑Certified Meal Restricted Delivery $ 1 11 c' Here P1-1 ❑Return Receipt(electronic) $ $ifl.1111 t`.�•'
O $k.E_ 3t,' Postmark
❑Adult Signature Required $ �f) O
El Adult Signature Restricted Delivery$ •yr>> �_ ❑Certrfied Mail Restricted Dellvery $ �•�(�1 H0f9
❑Adult Signature Requved $ $1174 00 fY.
M Postage / R
El Adult Signature Restricted Delivery$
Total Postage and Fees ( !I(I 11/21.121 `p Postage $1-1.55 1
ru $ $6.95 - �j' �, $ 01/11/2021
i „ Total Postage and Fees
C7 Sent To $ $6.95
E O Sent To
p StreetankiApt.No., rPb %Vo. - ._L, � C
171 � aS Alei;y lI
--
b______________________ ________ O S e and t. o. or POBkizlVo.
--------------- ---------
Cdy State,ZIP+4 a!� , -
City,State,ZIP 1t -
I i vl
CdMPLETE THIS SECTION ONA
■ Complete items 1,2,and 3. A. Signature
■ Print your name and address on the reverse X Agent
So that we can return the card to you. ❑Addressee
■ Attach this card to the back of the mailplece, B. e' (Printed Name) C. D It oI elivery
or on the front if space permits.
1. Article Addressed to-. D. Is de ivery address different from item 1 s
If YES,enter delivery address below: ❑No
3. Service Type ❑Priority Mail Express@
II I�IIII IIII I t II III III II III II I IIIIII III
El Adult Signature ❑Registered MailTM ,
❑ dull Signature Restricted Delivery ❑Registered Mail Restricted,
Certified Mall@ Delivery
❑Certified Mad Restricted Delivery ❑Return Receipt for
9590 9402 6031 0069 4419 50 ❑Collect on Delivery Merchandise
2. Article Number(Transfer from service label) 13 Collect on Delivery Restricted Delivery ❑Signature Confirmation^^
_ n i.-M ne.n ❑Signature.Confirmatlon
Restricted Delivery Restncted,Delivery
_ 7020 2450 0002 2729 5324
Pr �Ak T a - Domestic Return Receipt
6 m •oe• o • o —
1
i
® . • • ON
■ Complete items 1,2,and 3. Aq'Signature _
■ Print your name and address on the reverse X, • ! =s- - — 13 Agent
so that we can return the card to you. •.1 `� v ❑Addressee I
N Attach this card to the back of the mailpiece,
V. Recei�ed by(Printed Name) C. Date of Delivery I
or on the front if space permits.
1. Article Addressed to: D. is delivery address different from item 1? Yes f
if YES,enter delivery address below: ❑No
354 X4iuee/a, 51t1d
II
3. Service Type 11 Priority Mad Express@ 1111111 IIII III I I I I I II I III II III I I II I I III II III ❑Adult Signature ❑Registered MailTM
R ,
❑Adult Signature Restricted Delivery ❑Registered Mad Restricted
9590 9403 0769 5196 1273 74 Certified Mail@ Delivery
ertified Mai l Restricted Delivery 11 Return Receipt for
❑Collect on Delivery Merchandise
2. Article Number(Transfer from service label) El Collect on Delivery Restricted Delivery b Signature ConfirmationTM'
- .-- ❑Signature Confirmation
7020 2450 0002 2729 5065 Restricted Delivery Restricted Delivery
P
r�;:r ' -
-? = .> Domestic Return Receipt
-- - -
I
ON • • ON.
la •
A. Signa ure
■ Complete items 1,2,and 3. ❑Agent
■ Print your name and address on the reverse XYI6��IS' �� — A dressee
so that we can return the card to you.
■ Attach this card to the back of the mailpiece, B. R ce ed b (Flint Na C. ate Delivery
or on the front if space permits.
1. Article Addressed to: _ _- D�s elivery address different from item 1? 0 Yes
If YES,enter delivery address below: ❑No
---- _-J 3. Service TypePriority Mad Express@
II I VIII I II I I HIM III I II I III II I II II III ❑Adult Signature ❑Registered MaEl❑Adult Signature Restricted Delivery ❑Registered Mailil Restricted
❑Certified Mel @ Delivery
❑Certified Mail Restricted Delivery ❑Return Receipt for
9590 9402 6031 0069 4416 60 ❑Collect on Delivery Merchandise
❑Collect on Delivery Restricted Delivery ❑Signature Confirmation
2. Article Number(transfer from service label) J ❑Insured Mail ; ❑Signature Confirmation
_ — - all Restricted Delivery' I Restricted Delivery
7020 2450 0002 2729 6017
_ _ _ Domestic Return Receipt
U.S. Postal Service"
' ® e o ■
CERTIFIED IVIAILI� RECEIPT
r- Domestic Mail Only C3
rq
M rq
Lr) 1 '
SO7M2jlFee70_M-7 U
ru Q"� Certfied Mall Fee �J�rc i_Ig4�" k(-(„( Certified ��•��
$ 0 r- $ 0944
rU Extra Services&Fees(checkbox,add fee pp�� elate) r11 a 20
❑Return Receipt(hardcopy) $ �t�• ?' Extra Services&Fees(check box,add fees mate) tJ
❑Retum Receipt(hardcopy) $ 1 I I
M ❑Return Receipt(electronic) $ I) Postmark rU ❑Return Receipt(electronic) $
•00 Postmark
$0
F1Certdied Mall Restricted Delivery $ $0-00 Here r3 -
I3 E]Adult Signature Required $ r,�'Ifr- C3 ❑Certified Mail Restneted Delivery $. �•tlru— ,•Rete
E3 $ .F:, r ❑Adult Signature Required $ !
E]Adult Signature Restricted Delivery$ ❑Adult Signature Restricted Delivery$
tM Postage c '- '
1� ir} r O Postage } c f
"n '�` ti
/l1/2021 $ i I..as
Total Postage and V6.95 -' 1\ Total Postage and frFees c fj 1'/2021
Sent To ,�Z !� " O Sent To
ru ------------p-------����-�-lL--fit -----�i� ---�---- ------ ------ ---- -=-
O Street and A t No.,or P(3 Box No. ----------=-=`��`•L'N •��'^`_G at- p CJ
O $treat andApt.No.,or Pb Box IVo. ";
'-
---
City,State,ZIP+4° ------------i4--- `
-- - --------------
1CelO J cc/ lL196v `
:e111 ` 1 rl
s °
ru
Ln
t.J 1 `^ sou
rU �� �irl
=1 �
rU Certified Mad Fee c� IT"
fU $3.5 Certified Mad Fee
$ 2.K, 20 , rte- $3,55 fl
ru Extra Services&Fees(checkbox add fee$W Fpate) rU Extra Services&Fees(check add fee a a 7 4711
❑Return Receipt(hardcopy) $ ( p 'pate)
nJ 0 ❑Return Receipt(hardcopy) $
❑Return Receipt(electronic) $ Postmark
O 1 I 1 >'r i r r ❑Retum Receipt(eisotronic) $
❑Certdied Mall Restricted Delivery $ fy ) Here
❑Adult Signature Required $ $1„1 ULI 'ty - 0 El certified Mall Restdcled Delivery $_ �, 00 r-;;'9--Postmark
M ❑Adult Signature Restricted Delivery$ +" y'```- E:3
❑Adult Signature Required $ v
❑Adult Signature Restricted Delivery$ °r11J G'r ~f
Q Postage $0.55 (j ���'y O Postage Y .J' ��
lJ') $ IfOl1/201 � $ $0.55 �r,� 'y'\� _
Total Postage and Vs 95 \ \� r' Total Postage and Fees 0111/2i 121
$ s ru $ 6.9 J � .
O Sent To /// ��'=>_
��tf��U(�1 /���lo Ip Sent To
O Street andApt No.,or PO Box No.
O Street and Apt or oxI--- "" r��
N �'1 1�--�-/J__e----------------- -
- ----------:r l-- /' y
Crty,State,ZIP+ I UenG�� �V' l ---- ---
City,State,ZlP+4®__ ______""___"__------��-!
ffl�Gf RC1 -��
e o
■
Er
"' lila t tit Tft.,ci�Y C3
°' 2r❑ .]ytt 1 1 .
fl l Certified Ma l Fee ee � �° , _
n $ $3.55 5 0944 1' �(��15 ((ii
ry c rU Certified Mail Fee
W Extra Services&Fees(checkbox,add fee 20 rt apo•c 1 j 1944
❑Rot Receipt $ are) $
P(hardcopy) W Extra Services&Fees(check box,add fee e
O El Return Receipt(electronic) $ (� 1 20
❑Certrfied Mail Restricted Delivery $ tk 17 fury Postmark ❑Return Receipt(hardcopy) $ ��, p tate)
r1-1 ❑Return Receipt(electronic) $ (
Q ❑Adult Signature Required _—'`-i Here r I Postmark
❑Adult Signature Restricted Delivery$ tir rn5 ❑Certd'ied Marl Restricted Delivery $ d:l�,j�j(y
C3 Postage edC E:3 ❑Adult Signature Required $ f,•r r�r� Here
$1-1.55 ❑Adult Signature Restricted Delivery$ '•�'"J O
� $ p Postage M �
7 Total Postage and VSs 1:1111/2�i21 j Lr) $f-1. 5
^� 6.95 $ �i
$ '� Total Postage and Fe°s t� x/11/2111
d Sent Toru
Q S95
treet andApt lyo;,,o p�j BaF No "'"D v�&rC O Sent To �•�'"
-------�-/-----(
ru
- --------------- d Street an�--- `'k_` u ----------------------
3 State,Z1P+4® "" � pt No.,ori' xlVo.
�//�J�J' ---
i6;;z
11 Irl-,, -- •-[-/ S2 ate,ZIP+4°`S -----
Aj Gl�
COMPLETE • ON
COMPLETESENDER
■ Complete items 1,2,and 3. A. Sign r
❑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, eceived b rioted Nam Date of Delivery
or on the front if space permits.
1. Article Addressed to: D. Is delivery address different from 1 1? ❑Yes
/ If YES,e�nte�r�elive�iSFa�mess below: o
v
/`l�L4 o f / '8 iJ(® �� 51��
1 al/J4„flflat .�
,-PD L2) cVW A3� bti
3. Service ❑Priority Mail Expresso
❑Adult Signature � � ❑Registered MaiITM
II I OIIII II I I III III �I I I IIS II II I I II Iii ❑Adult Signature Restr c e livery ❑Registered Mad Restricted;
(rPCertified Mailo Delivery
❑Certified Mail Restricted Delivery ❑Return
Receipt for
q5qQ P1402 617131 nnr)g 16 15 ❑Collect on Delivery El Signature Confirmation
2, Article Number(Transfer from service label) El Collect on Delivery Restricted Delivery ❑Signature Confirmation
❑Insured Mail Restricted Delivery
--• "estdcted Delivery
-- • -
7020 2450 0002 2729 5676 Domestic Return Receipt
PS
i
.MPLETE SECTION COMPLETESECTION ON
SENDER: CTHIS
A. Signature
■ Complete items 1,2,and 3. ❑Agent
■ Print your name and address on the reverse X 4!5 ddressee
so that we can return the card to you. B. Recelve�l by ted�la C. D of !very
■ Attach this card to the back of the mailpiece, e
or on the front if space permits.
1. Article Addressed to. D. Is delivery address different from item 1? LJ Yes
If YES,enter delivery address below: ❑No
4�to� tt� 7Collecton
e Type ❑Priority Mad Express®
ignature ❑Registered MaiITM
II I9IIl0l I II III I IIIIII III II I I III I II I I IIII III ignature Restricted Delivery ❑Registered
Mail Restricted
d Mall® ❑Retum Receipt for
d Mail Restricted Delivery Merchandise
9590 9402 6031 0069 4418 06 o Collect on on DeliveDelivery Restricted Delivery ❑Signature ConfirmationTM
Mail ❑Signature Confirmation
2. Article Number(Transfer from service label) -:stricted Delivery Restricted Delivery
7020 2450 0002 2729 5683 Domestic Return Receipt,
PSCOMPLETE THIS
SECTIONON DELIVERY
CTION
i
SENDER:COMPLETE, A. Signature ❑ggent
■ Complete items 1,2,and 3. X ❑Addressee .
■ Print your name and address on the reverse C. Date of Delivery
so that we can return the card to you. B. Received by(Printed Name)
■ Attach this card to the back of the mailpiece,
or on the front if space permits. D. Is deli > dr�,� �iffe � �m item 1?
below: ❑Yes
1. Article Addressed to: if Y e t liv [3 No
4
z JAS/
3. Se keTyp ❑Pnonty Mail ExpressoAdultre� ❑Registered MailTM
❑Adult t tie�e ricted Deliv ❑Delliivery�Mail Restricted
II I9IIlal I IIIIII Certified Mail ❑Rum Receipt for
Certified Mad Restricted Delivery Merchandise
9590 9402 6031 0069 4420 70 ❑Collect on Delivery ❑Signature Confirmatiorf'
❑Collect on Delivery Restricted Delivery ❑Signature Confirmation
2. Article Number(transfer from service label) ❑Insured Mau Restricted Delivery
11 Restricted Delivery
7020 2450 0002 2729 5 218 Domestic Return Receipt
Postal Service � ®
CERTIFIE® o REC
■ o ■ ■
m Domestic mail
CO ' C3 ..
n _n Q-
u "' SOuOlcl � 1� 1 tin
L ti Cemned Mall Fee e U S SOU l �•it-Y dt #k a t
t I $3.55 fa944 ru Certified Mail Fee re
$ c 20 tti $ $3.55 0944
Il f Extra Services&Fees(check box,addfee 11,gp:Igpr;ete) a 2�1
C1 Return Receipt(hardcopy) $ rJJ IVJ���1 �I••1 Extra Servlces&Fees(checkbox,add/ee ate)
I M ❑Return Receipt(electronic) $ ❑Return Receipt(hardcopy) $ 17 11
O i l. Postmark !U ❑Return Receipt(electronic) $ $(� Postmark
❑Certified Mall Restricted Delivery $ $0 ('0 Here O
7 ❑Adult Signature Re wired ,„„s...,. ❑Certified Mall Restricted Delivery $ ,r•n r,. Here
C3 q $ +'vr°•vr'ry+ ,-•g []Adult Signature Required $ O
❑AduR SignatureRestricted Delivery$ e�A. �..._.,,, �, �, O --�tw—' p—�i} �"
r Postage ! C'V a� []Adult Signature Restricted Delivery$
Ln $ $f_I,55 FSentTo
,�i o
Total Postage and Fe s `)I/11/A121 $0"� q
rtl t35 �' d Fees U1/1�iJ2!121
$ _ ru
C3 Sent To
95
ru i t ®/� ,/] � o JO
O Street anarApt o.,o�p��_ , —' Ill s r,
-- -
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Street andA t No or
ox o ,
Cr%y State,Z%P+4© ---------------- /p- --1----- - ----- -------------- + �� �� ��
v Cdy,State,ZIP+4® ----------------
U.& Postal Servid
a der ,UY
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(~- 0• Only 1
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-
1 ru Certified Mail Fee c; I_1944 ' Illerti
Cfied Mall Fee $3.55 1x94
$3.5 12.85 20
ru l Extra Services&Fees(check box,add feet�°Porate)__ 2ff f1J Extra Servlces&Fees(check bar,add fee"�m�Otrate)
❑
Return Receipt(hardcopy) $ r'•:°�-!!'�^ ❑Return Receipt(hardcopy) $ L�V - - -
j fU i 9 ' v — ryy�—
❑
Return Receipt(electronic) $ $f}:Uf 1 -®1.,^ ^.Postmark ❑Return Receipt(electronic) $ �'i•u'� :�t��f)u Postmark
i 0 E]Certified Mali Restricted Delivery $_ 1 I_�t 'A, r °Here ❑Certified Mail Restricted Delivery $
❑Adult Signature Required $ ! ®�y tL��'a t��`� 0 Adult Signature Required $
(t 1. A Lf
t� ❑Adult Signature Restdcted Delivery$ q 1.i/ �o lSJ 4 ❑Adult Signature Restricted Delivery$ �'s
Postage c \ O Postage cc .-
Ln $0.55 �p� AAA tri $I . t., M � 11 r�:i/2021
NTotal Postage and$acts ge 01/11/2021 Total Postage and�e�s 9e, ; :� ` X
r t�r_K $ G
rMU
pISent To PID /, e /� - t0 Sent To a j
- ----------------------- 1
p Street andApt No.,or Ply ox No. r L O Street andApt Na,or PO Box No. �i>�� 2G/
Ci ,State;ZIP+4® /J®� Ct ,State,ZIP+4® f e /! 6
([[ :rr [ r TL(/ r rr.•, JCJ LL ✓
■ ® O . ■
■ , k oRECEIPT
e
Donjastic Mail s. •
LJ1 'ala ( i 1. I Sto )))B)wO ry � � .
�� � � Ir Certified Mall Fee ce 1:944
L ru Certified Mail Fee $- ec Ijy44 ru $3.55
b.til.r 1'%- $ 7 c 20
t`- $ 2{a Ill Extra Services&Fees(check box add fee p odeta)
Ill F_xtra Services&Fees(check box,add fee s'bdbl 11111) �, ❑Return Receipt(hardcopy) $ • t"f ✓"'"""`�+, �y
❑
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ru ❑Return Receipt(electronic) $ $11,f�1_I `----�. Postmark ❑Return Receipt(electronic) $�'da. n ' ' Postmark
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Gmail Frank Uellendahl 4rankmellendahl@gmall.com>
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Frank Uellendahl<frank.uellendahl@gmail.com> Mon, Jan 25, 2021 at 10:11 AM
Draft To: Frank Uellendahl<frank.uellendahl@gmail.com>
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TOWN OF SOUTHOLD
ZONING BOARD OF APPEALS
SOUTHOLD,NEW YORK
AFFIDAVIT
OF
In the Matter of the Application of: POSTING
V 44S Ctrt� t t b SCTM No. 1000-
(Name of Applicants) (Section, Block & Lot)
COUNTY OF SUFFOLK
STATE OF NEW YORK
I, �- Z WV, QE—L&—�J9'ft'Lesiding at (2S 0 �MC AVe
New York, being duly sworn, depose and say that:
I am the ( ) Owner or x Agent for owner of the subject property
On the m46 'day of 202(, I personally placed the Town's
'Official Poster on subject property located at:
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indicating the date of hearing and nature of application noted thereon, securely upon subject property,
located ten (10) feet or closer from the street or right-of-Way (driveway entrance) facing the street or
facing each street or right-of-way entrance,* and that;
I hereby confirm that the Poster has remained in place for seven (7) days prior to the date of the subject
heai at , which hearing date was shown to be ` b 2('21
4
(owkWAgeOSignature)
Sworn to before me this Day of �&Uz �' , 2f
114 TRACEY L. ® YER
NOTARY PUBLIC,STATE OF NEW YORK
1-�A
Aaau X 11�"bt NO.01DW6306900
otary u lic QUALIFIED IN SUFFOLK COUNTY
COMMISSION EXPIRES JUNE 30,2bQ;k.
* near the entrance or driveway entrance of property, as the area most visible to passerby
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BOARD MEMBERS a5 Southold Town Hall
—Leslie Kanes Weisman,Chairperson SO 530.95 Main Road-P.O.Bqx 1179
/ \ O Southold,NY 11971-0959
l" 1 Patricia Acampora 1 Office Location:
Eric Dantes G Town Annex/First Floor,
Robert Lehnert,Jr. �O 54375 Main Road(at Youngs Avenue)
Nicholas PlanamentoCOU,�y Southold,NY 11971
11',
\ http://southoldtownny.gov RECEIVED
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD DEC 18 2020
' Tel.(631)765-1809 Fax(631)765-9064Southold Town
Planning Board
December 18,2020
Mark Terry, Principal Planner
LWRP Coordinator
Planning Board Office
Town of Southold
Town Hall Annex
Southold,-NY 11971 ,
Re: ZBA File 12ef,No. 47461 '��Breezy Shores Comm Inc, Saws#16)
c
Dear,*Mark:
We have received an application for additions and alterations to an existing seasonal
cottage. A copy of the Building Inspector's Notice of Disapproval under Chapter 280•
(Zoning Code), and survey map,project description form, are,attached for your reference.
Your written evaluation with recommendations for this proposal, as required under the
Code procedures of LVvr" Section 268-5D is requested within'30 day`s of receipt of this
letter.
Thank you.
Very truly yours,
Leslie K. Weisman
Chairperson
By:
Encl.
Survey/Site_e plan: Frank Uellendahl, architect dated August 17, 2020
BOARD MEMBERS - ®F s®� Southold Town Hall
Leslie Kanes Weisman,Chairperson ®�i� �i�®� 53095 Main Road•P.O.Box 1179
® Southold,NY 11971-0959
Patricia Acampora Office Location:
Eric Dantes Town Annex/First Floor,
Robert Lehnert,Jr. a� 5437.5 Main Road(at Youngs Avenue)
Nicholas Planamento ®�iYC®U Southold,NY 11971
9
http://southoldtowiiny.gov
ZONING BOARD OF APPEALS z uk(k
TOWN OF SOUTHOLD
December 18 2 2 Tel.(631)765-1809•Fax(631)765-9064
0 0
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 #: 7461 Owner/Applicant: Breezy Shores Comm Inc. (Sakas #16)
Action Requested: additions and alterations to an existing seasonal cottage.
Within 500 feet of: (X) State or County Road
(X) Waterway (Bay, Sound, or Estuary)
( ) Boundary of Existing or Proposed County, State, Federal land
(X) 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 Chairperson
1 '
Encls.
Survey/Site Plan: Frank Uellendahl, architect dated August 17, 2020
BOARD MEMBERS Southold Town Hall
,Leslie Kanes Weisman,Chairperson ��OF$O[/T�o 53095 Main Road-P.O.Bgx 1179
Southold,NY 11971-0959
1 Patricia Acampora I Office Location:
Eric Dantes V, Town Annex/First Floor,
Robert Lehnert,Jr. •' ,,a�OQ 54375 Main Road(at Youngs Avenue)
Nicholas Planamento �IiYCOWN Southold,NY 11971
http://southoldtownny.gov
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
r Tel.(631)765-1809%Fax(631)765-9064
Decefnber 18, 2020
Mark Terry, Principal Planner
LW" Coordinator
Planning Board Office
Town of Southold
Town Hall Annex
-Southold,NY 11971 ,
Re: ZBA File Ref.No. #7461 Breezy Shores Comm Inc, (Sakas#16)
DeavMark: -
We have received an application for additions and alterations to an existing seasonal
cottage. A copy of the Building Inspector's Notice of Disapproval under Chapter 280'
(Zoning Code), and survey map,project description form, are attached for your reference.
Your written evaluation with recommendations for this proposal, as required under the
Code procedures of LW" Section 268-51) is requested Within 30 days of receipt of this
letter.
Thank you.
Very truly yours,
Leslie K. Weisman
Chairperson
By:
Encl.
Survey/Site plan: Frank Uellendahl, architect dated August 17, 2020
BOARD MEMBERS Southold Town Hall
Leslie Kanes Weisman,Chairperson ��OF SO(/jyO 53095 Main Road•P.O.Box 1179
!� Southold,NY 11971-09.59
Patricia Acampora Office Location:
Eric Dantes Town Annex/First Floor,
Robert Lehnert,Jr. �p� 54375 Main Road(at Youngs Avenue)
Nicholas Planamento �l,YCOU
Southold,NY 11971
http://southoldtownny.gov
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel.(631)765-1809•Fax(631)765-9064
February 26, 2021
Frank Uellendahl
P. 0. Box 316
Greenport, NY 11944
Re : ZBA Application #7461, Sakas
Breezy Shores Cottage# 16, Greenport
SCTM No. 1000-53-5-12.6
Dear Mr. Uellendahl,
Transmitted for your records is a copy of the Board's February 24, 2021 Findings, Deliberations
and Determination; the origin-1 of which was filed with the Town Clerk-regarding the above
variance-appI!cation. - -
Before commencing any construction activities, a building permit is necessary. Please be sure to
submit an application along- with a copy of the attached determination to the Building
Department.
If you have any questions, please don't hesitate to contact our office.
Sincerely,
Kim E. Fuentes
Board Assistant
Encl.
cc: Building Department
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