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WWI, s3 • ( a�fG .) bol,{ oz���t►an � 5easmk Co h (bib, no11(�7l ) z i ��CA14 CHECK BOXES AS COMPLETED ( ) Tape this form to outsid D n A O ( ) Pull ZBA copy of PID CD °Q Q 0 ( ) Check file boxes for pric CA ( ) Assign next number on o outside of file folder (�) Date stamp entire origi z " - N � 4 �' file number �' " rn � n D o N j ( ) Hole punch entire arigl .� r -o `c �_ C X Cn (before sending to T.C. � =o CD ( ) Create new index card: (D < i ( ) Print contact Info &tar ". o � { ) prepare transmittal to. ( ,) S nd:.'orig1hal applicati, t6 Town Clerk 3 ( } [Mote`in'Sider file folder ' ; 3 , „. ( ) Copy County Tax lap, - - � neighbors and AG lot`s ( ) Make 7 copies and.pu' ( ) Do mailing-label �I2�62f 1 - I��►° 1�'j c��� � � l�f f 2� � _ _ ` [IL4 s BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ®��®F SO Southold 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 Planamentoc®UNT`I Southold,NY 11971 9 http://southoldtowimy.gov RECEIVED ZONING BOARD OF APPEALS d' X:qg PM TOWN OF SOUTHOLD - MAR - 1 2021 0.Tel.(631)765-1809•Fax(631)765-9064 &4at4a niJGYYQi�/��/�f So hole! Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF FEBRUARY 24, 2021 ZBA FILE: 7462 NAME OF APPLICANT: Charles & Helen Szarka PROPERTY LOCATION: 65490 Route 25, Greenport,NY, (Breezy Shores Cottage# 17) 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 # 17 as shown on the 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 Uellendahl, 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 Page 2,February 24,2020 #7462 Szarka ' STM No. 1000-53-5-12.6 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 #17, Adj. to Shelter Island Sound) Greenport,NY. SCTM No. #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 Town Code. 3. Town Law X267-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 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 enlarge the bathroom, replace the porch roof and install new footings in order to be code compliant. 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 X267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code, 5. Town Law 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,February 24,2020 #7462 Szarka 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 Weisman(Chairperson),and duly carried,to GRANT the variance as applied for, and shown on a Site Plan of Breezy Shores, and architectural drawings, prepared by Frank Uellendahl,Architect, all last revised October 12,2020. 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). les4lieKa'n4es Weisman, Chairperson Approved for filing 4 /o� /2021 PROPOSED ADDITION C � 0 0 0 PROPOSED PORCH W z RENOVATION & DRYWELL i 8'x3' 17 SF ADDITION _ — — — _ ............. - - - N COTTAGE W ' , 17R BREEZY RSHORES F- W O.S. SH' 0� ARCHITECT F5 FRANK UELLENDAHL 123 CENTRAL AVENUE o P.0.90x 316 GREENPORT, NY 11944 R TEL 631-477 8624 C-19 OWNERS C-14 C-15 C-16 C-17 C-18 HELEN5 CATHY CT GLEN HEAD, NY 11545 TEL 631-477-3530 W Q2 CAMERA LOCATION FOR PHOTO VIEW #2 3 m EXT'G FOOTPRINT OF COTTAGE 584 SF Zzz PROPOSED FOOTPRINT C-17 601 SF A 0 a ♦ • 4 •.. �. INCREASED COVERAGE 2.95 % = 17 • • • . . • ' PROPOSED 17 SF ADDITIO o . LINE OF HAY BALES ® EXISTING STRUCTURES " AND SILT FENCE '•' IAWN , .. . . .. . . . . . RUN-OFF CALCULATION: •,• • FOR 2° OF RAIN TO BE CONTAINED ON SITE 3 COTTAGE 601 SF:100% run–off coefficient= s .-. . . 100.2 cu ft a • ' '•' -`- `- - PROPOSED 8'x3' deep DRYWELL 126.7 Cult. N • •,• .'.'+' WITH GUTTER LEADERS FOR ROOF RUN–OFF o . . . . . . . . ... . . . . . . . . . 3 N o � TIDAL WETLANDS BOUNDARY EXISTING BULKHEAD = FINAL MAP SCALE: 1/16• =1'-0" DATE: M/17/2020 BEACH �& SALE: ,n6• - '�_°� PEB&E REVIEW _ SCTM# = 1000-53-05-12.6 6 SITE PLAN -rr�. TOWN OF SOUTHOLD SEE DECISION # -1 NEW YORK 9 SUFFOL DWG. NAwIE f 1 _ _ .-- r - ON - DWG. NOSITE PLANSHELTER ISLAND SOUND --- ozo r....._^...._.r...r.._.��rrrr._.�,...r..r.r.....�.��r�•.�_,rr...r.�_..r,...r......r,_,....__.,�rrr.'.......r_.r.�.^....,..,...,�_...r.r..r.�,_...._r._..r_.......... ^..�r�r.,r.�r�...r,�,..,._._.r......�^.,...,�......, ,i 7'-7" 11'-9" 20 —2 PROPOSED ADDITION WDH2O410 0 J cr � y 0 U ENCLOSED BR 1 o ENCLOSED cli BR 1 N PORCH PORCH COTIAGE w FLOOR TO BE LEVELED GREENPORT, NY ROOF TO BE RAISED TO CODE 17 BREEZY SHORES ALL NEW PORCH WINDOWS DWOOD PLANKS TO MATCH ARCHITECT EXT'G COTTAGE FLOOR o FRANK UELLENDAHL o� 00 _ i 00 123 CENTRAL AVENUE _ m o w P.O.BOX 316 0000 2 GREENPORT, NY 11944 `V = CR125 o TEL 631-477 8624 J ~ KITCHEN — KITCHEN — OWNERS FE CHARLES & HELEN SZARKA 5 CATHY CT i 4 I — GLEN HEAD, NY 11545 TEL 631-477-3530 p O N O w d- 'd' p 3 � N Y O WALL TO BE REMOVED 00 - 1 4� } , CN135 — " CD 4'-7" 3'—o" TBR 2 117 SF ADDITION o BR 2 � o0 w/D ' ^�L MAP w/D DATE: 10/12/2020 B Y Z B A SCALE: 1/4' = 1'-0' 11EE DECiSiON # N FLOOR PLANS Y W SDATED HED SHED �w OUTDOOR SHOWER OUTDOOR SHOWERo DWG. NAME N O(n N= �s A-2 8 DWG. NO EXISTING FLOOR PLAN 1584 SF PROPOSED FLOOR PLAN 601 SF ol� PROPOSED w ADDITION 0 XN pW U OnD cn ® C®TIFAGE GREENPORT, NY ------------- 17 BREEZY SHORES ® ARCHITECT D Ll D D D D D D o FRANK UELLENDAHL �' 123 CENTRAL AVENUE ti o P.O.BOX 316 El 9 GREENPORT, NY 11944 m TEL 631-477 8624 1:1 ❑a --------------- ----------- 41 -- OWNERS ——— ————— `a � CHARLES do HELEN SZARKA 5 CATHY CT GLEN HEAD, NY 11545 TEL: 631-477-3530 EXISTING EAST ELEVATION EXISTING FRONT ELEVATION 3 ASPHALT SHINGLES TO MATCH EXT'GJz �g U L F G r HARDIE BOARD SIDING 2x8 R.R. @ 16" O.C. ®Fl rill - E -1 -1 - [1 -] - o HARDIE BOARD SIDING L�jl L AROUND PORCH E--]ID o -- ❑❑ N N N_ 1� Z P I I I I I I I I I DATE: 10/12/2020 HARDIE BOARD 50N6, white I I SCALE: 3/16' = 1'-0' CEDAR LATTICE � � � � � � � AROUND BATHROOM ADDITION NAL ��� �� NORTH & EAST ON NEW BEAM 4 6'-3° J s'-3° J s'-3° �� C -F-,� VIEWED 3� ELEVATIONS BY ZBAPROPOSED EAST ELEVATION SEE DEMSI®N �� PROPOSED FRONT ELEVATION Cm Nm DWG. NAME SCALE: 3/16" = 1'-0" ®ATE® I. �� SCALE: 3/16" = 1'-0" DWG. NO A-3 V O Q PROPOSED W ADDITION g � U) U ' N COI TAGS GREENPORT, NY ---------—---- 17 BREEZY SHORES -- -- w ® JE 0i ARCHITECT ■ ■ ❑ o FRANK UELLENDAHL Z 123 CENTRAL AVENUE C> P.O.BOX 316 9GREENPORT, NY 11944 F1 li m TEL- 631-477 8624 0 --------------- ------- - - -------- 52 OWNERS CHARLES do HELEN SZARKA 5 CATHY CT GLEN HEAD, NY 11545 M 631-477-3530 EXISTING SOUTH ELEVATION EXISTING WEST ELEVATION 3 V& Ae ASPHALT SHINGLES TO MATCH EXISTING ` C145 CASEMENT DUTCH LAP CEDAR SIDING TO MATCH EXISTING EXT'G WINDOW RAISE PORCH ROOF _v _- 7 CR125 5 & a N N O 00 D � O jF Z RDATE 10/12/2020 PROPOSED SOUTH ELEVATION PROPOSED WEST ELEVATION REMAI E o W SCALE 3/16° _ ''-°' NWIAP a! SCALE: 3/16» = 1'-0» SCALE: 3/16» = 1'—On SOUTH & WEST EVIEWED BY A Be'R ELEVATIONS SEE &CIC j n4 jr,4 ft o'� DWG. NAME DAVE® c�_ /� Ny A-4 o DWG. NO 8 Oi g 0 PROPOSED ADDITION PARTIAL PORCH RECONSTRUCTION o ASPHALT SHINGLES TO MATCH EXISTING 1/2" CDX PLYWOOD SHEATHING @ y — — — — — — — — — — —— — 2x8 ROOF RAFTERS (C 16 O.C. N HURRICANE CLIPS EACH RAFTER TO 2X4 WALL STUD - - - - -- - - - - - - - ALL NEW SUNROOM WINDOWS COTTAGE GREENPORT, NY 17 BREEZY SHORES 4" 1� RAISED PORCH ROOF - 9 ARCHITECT 4LIL--:-Li.- L I I EXT'G ROOF TO BE REMOVED '� o FRANK UELLENDAHL ��/ ATTIC 123 CENTRAL AVENUE C) P.O.BOX 316 GREENPORT, NY 11944 TEL 631-477 8624 - - - - - - - - - - - - - - - - - _ W OWNERS CHARLES &HELEN SZARKA El 5 CATHY CT o GLEN HEAD, NY 11545 EXISTING SOUTH ELEVATION iLi L-j � a- 631-477-3530 3 NEW 2x8 F.J. TO BE SISTERED Y TO EXT'G 2X4 FLOOR SYSTEM C145 CASEMENT �5 . A HARDIE BOARD SIDING 3.5" X 9.5" TRT'D PSL BEAM ������ PB 44 STANDOFF BEAM BASE `' o EX'G CMU FOUNDATION " k 1 -o P. 8" DIA. POURED CONC. FOOTING � � CROSS SECTION BIGFOOT SYSTEMS: CD [Ed -d- FOOTING FORM BF20, TYP. SCALE: 1/4" = 1'-0" o N (OR: 20"x20"x12" FOOTING) Li d7 L-r-l- 5 O EXISTING PORCH FOUNDATION (ROTTED LOCUST PILINGS AND CMU BLOCKS) o TO BE REPLACED WITH CODE COMPLIANT CONCRETE FOOTINGS FOUNDATION NOTES FINAL MAP STRENGTH = 3000 PSI AT 28 DAY ASTM C-94 DATE: 10/12/2020 READY MIX CONCRETE. SCALE. 1�4" - 1 0° Ra �( ��� �� CROSS SECTION VIEW"ID ALL FOOTINGS, FOUNDATIONS, ETC SHALL REST ON =o EXT G & PROP'D SEE DECsalt', UNDISTURBED SOIL. Y SOUTH ELEVATION PROPOSED SOUTH ELEVATION ®ATE® r9, ALL FOOTINGS AND FOUNDATIONS SHALL BE FORMED., o DWG. NAME SCALE: 1/4" = 1'-0" A-5 DWG. 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WL01" FZWIT SAWMY Cduntg Tax Hop EN•41e1 1000 s.cuo•55 Block 05 Lt P/0 12b TEST HOLES MPd•PRETARED D6G. tZ.2015 — NC Record of Movialom O44M2 +� IRSC.OPW OF IEVt5WN9 DATE EL 6.4 O/26A OA' EL 5.4 0-& ,S OP LOAN Lam O1 Imo' SOUND CAAYeY 1 u td10 tA.tO Eyy 2.d' f a ORAVMLY f Y SAMPi ; PLAN 80 O 15 aO bO ('9P) 680 QiOA In OPAX D 68' I 1a1 SC.AI.E, 1'• 80' JOB NO.?015.0258 Scalesm wt NYITER T5 MATER VM.2M-02M-00M--"M-02W-bp 2 OP S O. wommE IT 5ET ■= mows,EtiT POUND A• 9,rAKL°sir •STAKE FOUND , A, (1)UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A, ,.-Ki OF SECTION 7208 OF THE NEW YORK STATE EDUCATION LAW.(2)DISTANCES SF INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOMl y EON FROM PROPERTY ONES TO EXISTING STRUCTURES ARE FOR A SPECIFIC PURPOSE AND ME NOT TO 6E USED TO ESTABLISH PROPERTY ONES OR FOR ERECDON OF FENCES.(3)COPIES OF THIS SURVEY NAP NOT BEARING THE LAND SURVEYORS INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY,(4)CERTIFICATION rtVEY IS ARHIS PREP ED ON BEHALF TO THE TITLE COMPANY,GOVERNMENTAL M LRD LENDING INSTITUTION LISTED HEREON,AND TO THE ASSIGNEES OF THE LENDING INSTITUI;IDN,CERTIFICATIONS ARE NOT TRANSFERABLE TO ADDITIONAL INSTRUTIONS OR SUBSEQUENT OWNERS. (B)THE LOCATION OF WELLS(W),SEPTIC TANKS(Sr)&CESSPOOLS(CP)SHOWN HEREON ARE FROM FIELD OBSERVATIONS AND OR DATA OBTAINED FROM OTHERS. J at ^1 400 Ostrander Avenve,Riverhead,New York 11901 tel.631.1272303 fax.631.'729.0144 adminegoungengineeringzom N !J Howard K Young,Land Surveyor Thomas G.wolpert,Professional Engineer c Douglas E.Adam,Professloml Engineer c Robert G.Test,Architect ' O ' O O rn RECEIVE® 74Co-c-4 J I DEC 12 2020 5 Zoning Board Of Appeals o N O O�.T,,Nf73 SURVEYOR'S GERTIFIGATION M*v 41 / HOYVARD K YOUNG,N.Y.S.L.S.NO.4584S L� 'tj;4'"r wp �••;�" f E ID ��� ad�4p�0'g - :oSU o RVEY FOR DOW .;j, CHARLES SZARKA # HELEN SZARKA COTTAGE 1'I, "BREEZY SHORES" at Greenport, Town of Southold 4 HELEN 5ZARKARK A CHARLES A Suffolk County, New York COTTAGE I1 SUILDIN& PERMIT SURVEY County Tax Map D)9tTTCt 1000 SeCt)oR 53 81.c T 05 Lot P/O 12.6 MAP PREPARED DEG.12,2013 Record of Rovlstons REGORD OF REVISIONS DATE 7' CO " O O SITE MAP !i1 t�pry 30 O 15 30 60 SCALE: I"=400' Some: I" = 30' .TOS NO.2013-0233 VINS.2010_0203_0011...2013_0233-.bp OF 3 El MONUMENT SET 0= MONUMENT FOUND Q= STAKE SET A= STAKE FOUND v- 'N` COUNTY OF SUFFOLK RECEIVE® JAN 2021 Zoning Board Of Appeals OFFICE OF THE COUNTY EXECUTIVE J 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 rC'gyp„ Breezy Shores Comm. Inc. (Szarka#17) #7462 Drummond, Robert&Donna #7471 -7 Zappulla, David 47473 Very truly yours, Sarah Lansdale Director of Planning A? / '_&W 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 4-A 1AA�A �—ILp OFFICE LOCATION: ®�*®F s®�jif®l MAILING ADDRESS: C f Chi/ Town Hall Annex ® P.O. Box 1179 `--U 54375 State Route 25 Southold, NY 11971 JI (cor.Main Rd. &Youngs Ave.) Southold,NY 11971 ® ® Q Telephone: 631 765-1938 01 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM RECEIVED 724(off To: Leslie Weisman, Chair JAN 4 2021 Members of the Zoning Board of Appeals Zoning;Board Of� From: Mark Terry,AICP APP`ea1s` Assistant.Town Planning Director LWRP Coordinator, Date January 13,2021 Re: LWRP Coastal Consistency Review for ZBA CHARLES AND HELEN SZARKA(BREEZY SHORES COTTAGE#17)#7462 SCTM#1000-53=5=12:6.. CHARLES AND HELEN SZARKA(BREEZY SHORES COTTAGE#17)47462-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#17, Adj.to Shelter Island Sound)Greenport,NY. SCTM No. #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, except4here the pdreetis 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 DEC 112020 4 FORM NO. 3 NOTICE OF DISAPPROVAL _ DATE: September 4,2020 RENEWED: December 8, 2020 TO: Farnk Uellendahl(Breezy Shores#17) 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(Breezy Shores Cottage#17) 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 MII, Section 280-123 A.,which states, "A nonconforming building;containing a nonconforming use shall not be enlarged, or structurally altered or moved, except as set forth below, unless the use of such building is changed to a conforming use." ZA ]Signature��-- Note to Applicant: Any change or deviation to the above referenced application,may require further review by the Southold Town Building Department. CC: file, Z.B.A. !T{ RECEIVED -7q b a- DEC 112020 Fee:$ Filed By: Assignment No. ineakyam!zool f Appeals APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE House No.0490 Street 4AW RDA42 Hamlet Ae �lrr��9e�(�-, SCTM 1000 Section�Block , Lot(s) 1Q.`O Lot Size 2• Zone 8-040 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING WSPECTOR DATED 014120 BASED ON SURVEY/SITE PLAN DATED CJ . Owner(s): MailingAddress: 1(r/� Telephone:A-477'.; 6WFax: Email:h.5�!'�G! ev-' DI•LOAq 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: rMNK U 4514644AMC2 for M Owner( )Other: Address: 123 Atte 19b0 316 , CeE 66A.1 DOP,7; Al 11,94 Telephone:&5 '*n-,604F= Email: Please check to specify who you wish correspondence to be mailed to,from the above names: _J_)AP_plicant/Owner(s), Authorized Representative, ( )Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED D and DENIED AN APPLICATION DATED FOR: ¢R}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: �� /it Section: 1 `-MZ-2 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 W 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 - OTAN0 6661 2013 - WILLOUGHBY 7223 2018 - NELSON 6557 2012 - OTANO 16704 2014 - FLOTTERON 17408 2020 - PETSKY 6622 2013 - MULLMAN 16862 2015 - BROOKS I [ZOnfing CEIVED Name of Owners: CHARLES AND HELEN SZARKA ZBA Fil1 12020 REASONS FOR APPEAL rd Of Appeals 1 (1) An undesirable change will not be produced in the CHARACTER-of the neighborhood or a detriment to nearby properties, if granted, because: r 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+/-75 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. 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 t e es of y knowledge. Sworn to before e�orreme this .. da of 020 n ture of uthorized A ent J4' Notary Public TRACEY L. DWYER NOTARY PUBLIC,STATE OF NEW YORK NO.01 DW6306900 QUALIFIED IN SUFFOLK COUNTY COMMISSION EXPIRES JUNE 30,20-9-P- RECEIVED _I Oy APPLICANT'S PROJECT DESCRIPTION DEC 1 1 2020 (For ZBA Reference) ZOning Board Of Appeals Applicant: K (,�� �.!��(.¢(,f Q� Date Prepared: l 64 I.For Demolition of Existing Building Areas Please describe areas being removed: Extl&-,. 42MCC4 F V 1zE ., ttiltt,.L L '�i,Dl,l DLJ fie.�' �D P®fid I�S E 1T10U l S ( I71 G T' 11. New Construction Areas(New Dwelling or Jew Additions/Extensions): Dimensions of first floor extension: D= 1 k44 Dimensions of new second floor: AUR Dimensions of floor above second level: /JP Height(from finished ground to lop of ridge): 14 Is basement or lowest floor area being constructed? If yes,please provide height(above ground) measured from natural existing grade to first floor: W A 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: '�'CD�`C I�SOI•�L 1. �� Number of Floors and Changes WITH Alterations: - -STD2.4' SEASDtAL a IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: Proposed increase of building coverage: S .. Square footage of your lot: 6, QC Percentage of coverage of your lot by building area: V. Purpose of New Construction: Rp -T LA MDEM 1EU) VI. Please describe the land contours (flat,slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): L O) LAWO , kAV-Qkt':R2.6A 100:)9 4- tR.Oue asp o ey W (z0�9- 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 RECEIVED QUESTIONNAIRE ���02 FOR FILING WITH YOUR ZBA APPLICATION DEC 112020 A. Is the subject premis s listed on the real estate market for sale? Bening Burd Of Appeals Yes No B. Are ere 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? kt/a5 2.)Are those areas shown on the survey submitted with this application? eS 3.) Is the property bulk headed between the wetlands area and the upland building area? Y_ G 4.)If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? tfl�F5 Please confirm status of your inquiry or application with the Trustees: A19PTO CjC- RL69 06�:R and if issued,please attach copies of permit with conditions and approved survey. OP 0&f60q D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? )(JO E. Are there any patios,concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? A/J 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. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? AID If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel SptKJI�C� Go and the proposed use f& 9A1_fHR001 -( eammec 40 (ex:existing single family,proposed.same with ai6ge,pool or other) /C/E,� 190p �O i 1 Authori ed signature nd Date TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR RECEIVED TOWN HALL ���� SOUTHOLD, NEW YORK DEC 112020 CERTIFICATE OF OCCUPANCY NONCONFORMING PREMISES DATE: July 24, 1984 Zoning Board Of Appeals THIS IS TO CERTIFY that the Pre C.0.#Z12637 Land /X/ Building(s) J X/ Use(s) located at 67380 Main Road Arshamomague Greenport Street Hamlet shown on County tax map as District 1000, Section 053.00, Block 05.00 Lot 001 •001 , does�ffiot)conform to the present Building Zone Code of the Town of Southold for the following reasons: There are 6 dwellings on one lot There are 5 non-conforming seasonal cottages. On the basis of information presented to the Building Inspector's Office, it has been determined that the above nonconforming /_/Land /g J Building(s) /X/Use(s) existed on the effective date the present Building Zone Code of the Town of Southold, and may be continued pursuant to and subject to the appli- cable 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 property has access to Rt 25 a State maintained highway, in the A zone.Non-conforming seasonal dwellings. Charlotte Sage, Michael Sage, James Sage The Certificate is issued to & Patricia Sage. (owner, � g� �t) of the aforesaid building. Suffolk County Department of Health Approval N/A UNDERWRITERS CER'T'IFICATE NO. N/A NOTICE IS HEREBY GIVEN that the owner of the above premises HAS 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 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. -Puiidin- inspector RECEIVED DEC 112020 Zoning Board Of Appeals t �T NFA 6 i' AAA E,esr Ame ?�I l �v•eLo �tc. 6 E.chS'c�/ _•�� _ R 9•v of . �-r1�PS- .�� Fi BOARD MEMBERSSouthold Town Hall Leslie Kanes Weisman,Chairperson y1*f3f$ yQ 53095 Main Road•P.O.Box 1179 h0 l0 Southold,NY 11971-0959 James Dinizio,Jr. Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Horning i� 54375 Main Road(at Youngs Avenue) Ken Schneider OUnSouthold,NY 11971 RECEIVED http://southoldtown.northfork.net °1 L+� �L ZONING BOARD OF APPEALS DEC 112020 1 TOWN OF SOUTHOLD R E E% , Tel.(631)765-1809•Fax(631)765-9064 Zoning Board Of Appeals � � � = Mais FINDINGS,DELIBERATIONS AND DETERMINATION S&.- Id Tawri MEETING OF JULY 19,2012 ZBA FILE: 6525 NAME OF APPLICANT:Breezy Shores Community,Inc.(Hernan 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 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. :Rf,1V,,ED Page2of3—July 19,2012 D2020 ZBA File#6525-Otano CTM 1000-53-5-12 6 �oning f Appeals RELIEF REQUESTED: The applicant requests variances to reconstruct a cottage that was e s 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 43320 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 §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 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 5267-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 4267-b(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 5267-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 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 REC�IVED -7L � LZoning C 1 1 2020 Page 3 of 3—July 19,2012 ZBA H06525-0tano oard Of Appeals 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 6267-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 sliall 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 andlor 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 f:iture 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, Horning. Nay. Me er Dinizio. This Resolution was duly adopted(4-1) Leslie Kanes Weisman, Chairperson Approved for fling 7 /,23 /2012 1` BOARD MEMBERS ,Vjf soar Southold Town Hall Leslie Kanes Weisman,Chairperson L y� 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 James Dinizio,Jr. #c Office Location: Gerard P.Goehringer erg ae Town Annex/First Floor,Capital One Bank George Horning yo 54375 Main Road(at Youngs Avenue) Ken Schneider COUNT( Southold,NY 11971 http://southoldtown.northfL)rk.net RMEEC�NED ECElVED L I ZONING BOARD OF APPEALS p ;O DEC fl 2020 TOWN OF SOUTHOLD "f / Tel.(631)765.1809•Fax(631)765-9064 j Zoning Board Of Appeals INDINGS,DELIBERATIONS AND DETERMINATION So hold Town Clerk MEETING OF JULY 19,2012 ZBA FILE: #6557 NAME OF APPLICANT: Breezy Shores Community, Inc. (Hernan 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, 20I1. 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 Heman 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 - - — "XIVED ll�'�po2 Page 2 of 6—July 19,2012 DEC 220 'ZBA Ftle#6557-Otano CTM 1000.53-5-12 6 the stairs and landing. The need for a use variance is caused by the req Zan'n r '�8� 1 use (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: 1. 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: 1. A floor plan with its original application dated 11/10/2011 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 RECEIVED ZBA Pde#6557-Otano CTM- 1000-53-5-12.6 —7, r,� I 3. New joists were installed; DEC 1 1 2020 4. New strapping was installed; 5. A new plate was installed; ZOning Beard Of Appeals 6. New plumbing is required; 7. New electric is required; 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)"[i]f 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. II. Nonconforming Status of the Structure and Interpretation 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.3d 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 Larea:variu D Page 4 of 6-July 19,2012 a ZBA File#6557-Otano 020 CTM. 1000-53-5-12 6 that the cottage was accessory to the principal dwelling and therefore a nonconformingN use. As such, the abandonment provisions of the Town code were not applicable and ld-ha- been granted. The facts at issuein 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 not permit cottages as an accessory to a principle dwelling. As such,this cottage is treated as a nonconforming building with a nonconforming use that requires a use variance. 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 term"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. 11. Use Variance Application: 1. Town Law§267-b(2)(b)(1). 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 RECEIVED Page 5of6—July 19,2012 DEC 2020 ZBA H06557-Otano CTM 1000-53-5-12 6 submitted an affidavit regarding the value of the shares in the cooperative, as well as infoL� nnl rc�1� M801S sales in the area of the property,as well as information regarding the maintenance and carrying charges on the 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(2)(b)(2).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-bLQ(b)(3). 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 $267-b(2)(b)(4) The 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 GRANT,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 repairs, as determined by the Building Department, Tharthe 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 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. aincreasethe Page 6 of 6-July 19,2012 p�wZBA File#6557-Otano0CTM 1000-53-5-12.bppealsThe Board reserves the right to substitute a similar design that is de minimis in nature for an alteration thatree o nonconformity. Vote of the Board: Ryes. Members Weisman(Chairperson), Goehringer,Schneider,Horning Nay•,Member Dinizio. This Resolution was duly adopted(4-I), :4 k04441� Leslie Kanes Weisman Chairperson Approved for filing 7 /. t f /2012 BOARD MEMBERS r4f SO(/ Southold Town Hall Leslie Kanes Weisman,Chairperson �� r/yp 53095 Main Road•P.O.Box 1179 �® �Q Southold,NY 11971-0959 c Office Location: Gerard P.Goehringer Town Annex/First Floor,Capital One Bank George Horning ® �Q 54375 Main Road(at Youngs Avenue) Ken Schneider I�CoU �`c•` Southold,NY 11971 RECEEIVED http://southoldtown.northfork.net —14U ZONING BOARD OF APPEALS 4,E EfVED TOWN OF SOUTHOLD �— 11) DEC 112020 � `Tel.(631) 765-1809•Fax(631)765-9064 7 2013 Zoning Board Of Appeals FINDINGS,DELIBERATIONS AND DETERMINATIO"UthO q0M er c MEETING 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 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 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 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. 11 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 XXII 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. T Page 2 of 3—February 28,2013 " ZBA FileH6622—Breezy Shores Comm,Inc (Mullman) DEC 1 1 2020 CTM 1000-53-5-12 6(cottage#11) RELIEF REQUESTED: The applicant requests variances to construct an additionL iB arc �of a WMM I cottage 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 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. FINDINGS 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 &267-b(3)(1b)(1). 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 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 4267-1b(3)(b)(D. 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 mathematically substantial. 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 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 4267-1b(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, 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. RECEIVED -N � Z Page 3 of 3—February 28,2013 DEC 112020 ZBA File46622—Breezy Shores Comm.,Inc (Mullman) CTM. 1000-53-5-12.6(cottage#11) Zonlrig Beard Of Appeals RESOLUTION OF THE BOARD: In considering all of the above factors and ap tinder New York Town Law 267-B, motion was offered by Member Schneider, seconded by Member Goehringer, and duly carried,to GRANT the variances as applied for,and 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. And the architectural drawings prepared by David Mullman,R.A.,as follows: Sheets A-I and A-2 dated 8/13/12 last revised 11/12/2012 titled"Site Plan for Proposed Renovation",and "Photo of Existing Cottage", sheet DG-100.00 dated 10/16/12 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 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. The Board reserves the right to substitute a similar design that is de minimis to nature for an alteration that does not increase the degree of nonconformity Vote of the Board. Ayes Members Weisman(Chairperson,)Horning,Goehrtnger,Schneider. This Resolution was duly adopted(4-0). Leslie Kanes Weisman,Chairperson Approved for filing /2013 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson �� SO(/jiyo 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer Q Town Annex/First Floor,Capital One Bank George Horning • ,A�ap�O 54375 Main Road(at Youngs Avenue) Ken SchneiderCQm��` Southold,NY 11971 http://southoldtown.notlhfork.net REC FIV'D ZONING BOARD OF APPEALS RMEIVSD TOWN OF SOUTHOLD UG ` 7� Tel.(631)765-1809•Fax(631)765-9064 DEC 1 202 Southold Town Clerk Zoning Board Of Appeals DINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 25,2013 Z13A FILE: 6660 NAME OF APPLICANT: Breezy Shores Community, Inc. ( Ido Mizrahy) SCTM 1000-53-5.12.6 PROPERTY LOCATION: 65490 Main Road Cottage 425 (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 11 category of the State's List of Actions, without farther steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk 'C'ounty Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its 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 Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated June 24, 2013. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to its, 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, 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 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 ']'own. The multiple cottages on the property are a pre-existing, non-conforming use that was established prior to 70i1ing by the Sage family in the early 1900s, The cottages originally housed employees of the Sage family brick factory until it ceased operations, and subsequently, then were rented as seasonal cottages. In 2000, a real estate cooperative, Breezy Shores Community, Inc., was established by the group and shares were offered as an ownership interest in the Cooperative. The cottage at issue in this application is known as Cottage no. 25, and 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, dated April 30, 2013, with latest revision dated July H, 2013 to shown all proposed additions, and the proposed increase in size from the building existing footprint. --— RECEIVED �o�, - DEC 2��0 Page 2 of'3—July 25,2013 "ZBA#6660—Breezy Shores Community,Inc (Mizrahy) serf#1000-53-5-12 6 dolling Board Of Appeals BASIS OF APPLICATION: Request for Variance from Article XXIII Code Section 280-123A and the Building Inspector's March 7, 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. RELIEF REQUESTED: The applicant requests a variance to renovate the seasonal cottage#25, 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: I Town Law §267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The 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 §267-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 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 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 0.92% 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. f r larac Page 3 of 3—July 25,2013 7.BA#6660—Breezy Shores Community,Inc.(Mizrahy) SCFM1l1000-53-5-12 6 6. Town Law §267-b. Grant of the requested relief is the minimum action necessary applicant to enjoy the benefit of renovations to a seasonal cottage, while preserving and protect 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 Horning , 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 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. 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), Coehringer, Schneider, Dantes, Horning This Resolution was duly adopted(5-0). J2� Leslie Kanes Weisman, Chairperson Approved for Filing & /2013 BOARD MEMBERS of SID Southold Town Hall Leslie Kanes Weisman,Chairperson �� ry0 53095 Main Road-P.O.Box 1179 h0 l0 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer N a,c Town Annex/First Floor,Capital One Bank George HorningG,'`tic� ,^,aa�� 54375 Main Road(at Youngs Avenue) Ken Schneidercourm Nom`_ Southold,NY 11971 5 http://southoldtown.northfork.net R CFED RECf-IVED ZONING BOARD OF APPEALS or 46 a TOWN OF SOUTHOLD AU - 77 Tel.(631)765-1809-Fax (631)765-9064 DEC 112010 Southold Town Clerk Zoning Beard Of Appeals FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF JULY 25,2013 ZBA FILE# 6661 NAME OF APPLICANT: Breezy Shores Community, Inc, (Graham Willoughby) SCTM41000-53-05-12.6 PROPERTY LOCATION: 65490 Main Road Cottage #13 (aka State Route 25 and Sage Blvd.) (adj. to Shelter Island Sound), Greenport,NY SI✓ RA 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 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 Waterfront Revitalization Program (LWRP) Policy 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 a6pre-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 and Emily Williams. All as shown on the survey prepared by Howard Young, L.S., entitled Survey for Cottage 13 "'Breezy Shores"at Greenport, dated Jan. 09,2013 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 — -- - ---- LBoard Page2of3-July25,2013 0 ZBA#6661—Breezy Shores Community,Inc (Willoughby) SCTM#1000-53-5-12 6ppeals 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 04/30/2013. 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 X267-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 I940'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 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 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 4267-b(3)(b)(3). 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 §267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the Iimitations 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 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 ZBA#6661—Breezy Shores Community,Inc (Willoughby) SC 1'M#1000-53-5-12.6 RECEIVED Iq b a DEC Il 2020 CONDITIONS: Zoning Board Of Appeals 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 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. ,oyes. Members Weisman (Chairperson), Goehrtnger, Schneider, Dantes, Horning. This Resolution was duly adopted(5-0). Leslie Kanes Weisman, Chairperson Approved for filing 713o /2013 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ti0��o� $[)UlyOlo 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer CP- Town Annex/First Floor,Capital One Bank George Horning ,�c ® aQ 54375 Main Road(at Youngs Avenue) Kenneth Schneider o��COMM .� Southold,NY 11971 http://southoldtown.northfork.net RECEIV ZONING BOARD OF APPEALS A 2 5 201 REC;=NED TOWN OF SOUTHOLD -l a Tel.(631)765-1809•Fax(631)765-9064 DEC 202 sout old Town Clerk Zoning Board Of Appea INGS,DELIBERATIONS AND DETERMINATION MEETING OF APRIL 17,2014 ZBA FILE: 6704 NAME OF APPLICANT: Breezy Shores Community Inc. Cottage 47(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, 2010, and the site plan drawings by Robert I.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. RECEIVED (a Page 2 of 3-April 17,2014 DEC I 12020 ZBA#6704-Breezy Shores Comm„Inc SCTM#1000-53-5-12.6 Zoning Board Of Appeals 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 with the codes. Several letters of support were received. The Board of the Breezy Shores Community is in support of the proposal. FINDINGS OF FACT/REASONS FOR BOARD ACTION: 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 Law$267-b(3)(b)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. 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 V. 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 the 1940'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 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. 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 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 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 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. 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. Lan CEIVED Page 3 of 3-April 17,2014 �j p� ZBA#6704-Breezy Shores Comm,Inc DEC SCTM#1000-53-5-12.6 2020 rd OfA p 6. Town Law 4267-b. Grant of the requested relief is the minimum action necesst e 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 Horning, 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 I. Brown Architect,P.C., 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 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 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. 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), Schneider, Horning, Goehringer, Dantes, This Resolution was duly adopted(5-0). c Leslie Kanes Weisman, Chairperson Approved for filing IL /2014 r BOARD MEMBERS OF SOUL Southold Town Hall Leslie Kanes Weisman,Chairperson �� y� 53095 Main Road-P.O.Box 1179 l0 Southold,NY 11971-0959 Eric Dantes [ Office Location: Gerard P.Goehringer G Town Annex/First Floor,Capital One Bank George Horning �� �� 54375 Main Road(at Youngs Avenue) Kenneth Schneider CQu(,�y,N Southold,NY 11971 http://southoldtown.northfork.net RECEIVED ZONING BOARD OF APPEALS � ERECf TOWN OF SOUTHOLD2 3 2015 Tel.(631)765-1809-Fax(631)765-9064 �u /�C.G2o uthold Town Clerk INDINGS,DELIBERATIONS AND DETERMINATION Appeal MEETING 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 Island 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 Sections 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 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 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 XXIII Code Section 280-123, Article XXII Section 280-116 (B) and the Building Inspector's January 12,2015 Notice of Disapproval based on RECEIVED Page 2 of 3—June 18,2015 —7� �ol ZBAFile#6862—Breezy Shores(Brooks) DEC 112020 SCTM#1000-53-5-12.6 an application for building permit to add and alter,to include raising an exis rgaloAgw tt e al is nonconforming building containing a nonconforming use shall not be enlarge , I_rUL)IINLI UULFZU, bU uc UI ally altered or moved, unless such building is changed to a conforming use, 2) less than the code required bulkhead setback of 75 feet. RELIEF REQUESTED: The applicant requests variances to make alterations to a seasonal cottage with a 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 4267-b(3)(b)(1). 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 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 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 i relief from the code. 3. Town Law§267-b(3)(b)(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 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 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. RECEIVED �L�Zoning `I Page 3 of 3—June 18,2015 DEC 1 2020 ZBA Fileg6862—Breezy Shores(Brooks) S CT M tt 1000-5 3-5-12.6 d Of Appeals 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 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. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Dantes, seconded by Member Goehringer, and duly carried,to GRANT, the variances as applied for, and shown on the Architectural plans by Robert 1. Brown, Architect labeled site plan, foundation plan, existing floor plan, road side, west, water side, and east elevations, and section for phases I and H and dated March 3,2015. Any deviation from 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 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. 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 280-146(13) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured,and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (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,Horning,Dante, Goehringer.This Resolution was duly adopte (5-0). Leslie Kanes Weisman, Chairperson Approved for filing /2015 BOARD MEMBERS 0f S0 Southold Town Hall Leslie Kanes Weisman,Chairperson �� /y� 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehrinaer Town Annex/First Floor Capital One Bank George Horning ® yQ 54375 Main Road(at Youngs Avenue) Kenneth Schneider CoUNT'1,� Southold,NY 11971 http://southoldtown.northfork.net R EIV/ l) EoniingBoar'd 91 ZONING BOARD OF APPEALS 6 TOWN OF SOUTHOLD A 2�201 20 Tel.(631)765-1809•Fax(631)765-9064 ' uthold Town Clerk Appeals FINDINGS,DELIBERATIONS AND DETERMINATION 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 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 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 #8 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 XXIII Code Section 280-123 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. FDEC VED Page 2 of 3—April 21,2016 2020 ZBA#6934—Breezy Shores Community(Schmidt) SCTM#1000-53-5-12.6 Zoning Board Of Appeals 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: The Zoning Board of Appeals held a public hearing on this application on April 7,2016,at which time written and oral evidence were presented. Based upon all testimony,documentation, personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law §267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. 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 &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. As a consequence of the non-conforming status, any proposed additions and alterations will require relief from the code. 3. Town Law§267-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 &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.The cottage will be raised 12-14 inches to provide additional protection from potential storm surge flooding. 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. 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. RECEIVED Page 3of3—April 21,2016 7-7 L��o� DEC 112020 1202 ZBA#6934—Breezy Shores Community(Schmidt) SCTM#1000-53-5-12.6 RESOLUTION OF THE BOARD: In considering all of the above factors and appl iZo ng BoaIG f��� New York Town Law 267-13, 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; 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. 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), Schneider, Dantes, Horning, Goehringer. This Resolution was duly adopted(5-0). Leslie Kanes Weisman, Chairperson Approved for filing /,,��2016 f I e BOARD MEMBERS 0 SOU Southold Town Hall Leslie Kanes Weisman,Chairperson O�� TyOI 53095 Main Road•P.O.Box 1179 p Southold,NY 11971-0959 Patricia Acampora 4 Office Location: Eric Dantes C, Town Annex/First Floor, Robert Lehnert,Jr. • �O� 54375 Main Road(at Youngs Avenue) Nicholas PlanamentoC®U Southold,NY 11971 RECirIVED http://southoldtownny.gov -14�� ZONING BOARD OF APPEALS DEC I 1202 TOWN OF SOUTHOLD RECEIVED oard Of Appeals Tel.(631)765-1809•Fax(631)765-9064 & �'Jk6 6q'.3g AVA Zoning B DECel'tt 4 18 FINDINGS,DELIBERATIONS AND DETERMINATIO �j MEETING OF DECEMBER 20,2018 Southold Town Clerk 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. 9ECEIVED Page 2, December 20,2018 1 �� #7223,Nelson DEC 2020 SCTM No. 1000-53-5-12 6 Zoning Board Of Appeals 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 &267-1b(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&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. As a consequence of the non-conforming status, any proposed additions and alterations will require relief from the code. 3. Town Law &267-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 $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. The cottage will be also RECEIVED Page 3, December 20,2018 —�q l C� #7223,Nelson DEC 1 1 2020 SCTM No. 1000-53-5-12.6 Zoning Board Of Appeals be raised to comply with current FEMA requirements to provide additional protection from potential storm surge flooding. 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 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 &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 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 267-13, 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 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. 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 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 i RECEIVED Page 4, December 20,2018 #7223,Nelson oC. SCTM No 1000-53-5-12.6 DEC 112020 (3) years from the date such variance was granted. The Board of Appeal {n n� r� peals 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) Eric L. Dantes Vice Chair Approved for filing I;L/ 2 /2018 BOARD MEMBERS ®�SOUT Southold Town Hall Leslie Kanes Weisman,Chairperson �� y� 53095 Main Road-P.O.Box 1179 !� Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lennert,Jr. • a0� 54375 Main Road(at Youngs Avenue) Nicholas Planamento Isco Southold NY 11971 RECEIVED MDINGS, http://southoldtownny.gov ��UG2 A' 36 f l-1 ZONING BOARD OF APPEALS 5 2020 TOWN OF SOUTHOLD n, Tel.(631)765-1809 Fax(631)765-9064 0' Soold Town Clerk 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 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 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 Iocated 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 XXIII, 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 Ltoe ED Page 2,August 20,2020 #7408,Petslcy 2020 STM No. 1000-53-5-12 6 Of Appeals use; at: 65490 Route 25, (aka Sage Boulevard, Breezy Shores Cottage #10, ss a�rd—S`atrnd) 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 X267-b(30)(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(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 §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)(Q. 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. RECEIVED Page 3,August 20,2020 -�T� #7408,Petsky DEC 112020 STM No. 1000-53-5-12 6 Zoning Board Of Appeals 6. Town Law §267-b. Grant of the requested relief is the ininimum 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 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 Cert f tate 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). Leslie Kaneg Weisman, Chairperson Approved for filing F/ a/020. RECEIVED ��a AGRICULTURAL DATA STATEMENT DEC 2020 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Zoning Board Of Appeals 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 OR within S00 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: FgAoe, (46U-FAV #(, QR 2)Address of Applicant: L AVE 6 o yy 11"f- 3) L f-3)Name of Land Owner(if other than applicant) : C 4'AQ2 F5 l 4< 4)Address of Land Owner: 7(le' C?' aL SV D HCl Y / 5)Description of Proposed Project: e:::��UG7" 1776 4 11 T7D/U -t- ZEtU0UP7'e0AJ OP S sou Lco mbr - 11J ®o - 6)Location of Property(road and tax map number): 6,6496 OAA (' 7)Is the parcel within an agricultural district? ❑No XYes If yes,Agricultural District Number 8)Is this parcel actively farmed?NNo ❑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. Nme and Address 1. GFf�I S tE-, POS :?21,v6wW01-011V Y 11,9--y'r 2. 3. 4. 5. 6 (Please use back side of page if more than six property owners are identified.) The lot ntrh ay be obtained, in advance, when requested from either the Office of the Planning Board at 765-1938 and of Appeals at 765-1809. Si ature of Apf licant 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 tb 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 RECEIVED 6I Z20 7L-�(o j Appendix B DEC 1 1 2020 Short EnvironmentalAssessment Form Zoning Board Of Appeals Instructions for Completing Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part I -Project and Sponsor Information Name of Action or Project: 4 2ASE2 y' Project Location(describe,and attach a location map): ¢90 Brief Description of Proposed Action: )ZtzpLAcC v& R©&UL/ ROOF OF 19 64;11 6F(?0rPL.5F) `Sl0�5 of COTjRl�C—. TVML PaOM SEP 11UC29R5C_ i 5 /O Name of Applicant or Sponsor: Telephone: 77. d962 �1 e Ok u6LL4r5VVtWK 90' E-Mail: ,qi1l< 14e1lld4Yd Address: l23 Ca,r Mc �UE/ PV 03161 6� N T 191f-r— do- City/PO: � b i'v�D�" stat Y �1 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„7;2o ziss SUlLDIAJ& 3.a.Total acreage of the site of the proposed action? acres b.Total acreage to be physically disturbed? Q QQ/ acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? ez-47 acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban Rural(non-agriculture) ❑Industrial ❑Commercial Residential(suburban) ❑Forest Agriculture Aquatic ❑ Other(specify): ❑Parkland Page 1 of 4 1 RECEIVED 5. Is the proposed action, NO YES N/A a.A_permitted use under the zoning regulations? DEC 1 1 2020 b.Consistent with the adopted comprehensive plan? 6. Is the proposed action consistent with the predominant ch t nLWffiW ca ural NO YES landscape? 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: 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? X c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? X 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: X 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? b.Is the proposed action located in an archeological sensitive area? 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? �/' If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Id ntify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional XWetland ❑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? XNO❑YES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: NOYES 97 VWIV&A— Page 2 of 4 REM VED 18.Does the proposed action include construction or other activities that result in the,i poundmen of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam) I L If Yes,explain purpose and size: nu V 19.Has the site of the proposed action or an adjoining property be alien-ef-an-a 6e'-or-cto ed 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 TH 'T THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDG �i Applicant/spo (Date: Signature: Al- Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No or Moderate small `to large `vw&`i�'ti����'�.5 � ^';r.?=��a`t�+".. q:X',. �..3•,b •A., �' +°, � impact impact .-+. a 4xµ'�n11,`�q, y 5r .;ys,1 .q�.Sf'fL—{�'-.Y.��'L �.�'��`^•1,•j': f.u' ^ r ,a +� + -' `-�s+'•�,y'saf�J'' 4 '*'tal' 22S'ta'... �y�.v+l� 111 '( r. �. .�;::t• ., ��'�s' ;,��`2��;�bri.4x���` `�a�.:�.�'xk:�'�s�t�,='�.N ¢ _ ��,. �, 'a may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 r .fl 1 d� b i4_, :-,tyt.' .i';�r•,.fca+.zi''^%,gr;=vii,' btq:'tF�'? eJ'' 'w-,; rx^ ;x'•$2 k�' NO r: ,. - x, ' - •,a�;,>,:� :�,c�� <�a�„ ,,��.;�'�:�'���:;�` ,or Moderate small to large 5 gs may may impact impact �� _ _ ,<.' =<-' -- --�c�,•`^ -���;�_����'�,� ,,...•����r<�r- 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. 17 RECEIVED -7,L4 6 DEC 1 2 2020 Zoning Beard OfAppeals- ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 Board of Zoning Apipeals Anplication RECEIVED AUTHORIZATION � of o (Where the.Applicant is not the Owner) DEC 2 1 2020 Zoning Board Of Appeals residing at �7 5�r9•G,i� i3�/f� �.��il/��2i 4t>` (Print property owner's name) (Mailing Address) do hereby authorize (Agent) to apply for variance(s)on my behalf from the Southold Zoning Board of Appeals. (O er's Signature) S 2 eggs- G� L � �•� (Print Owner's lame) "I TE r�� Dawn on ,i'NOTAiiV 'Notary Public,State of New York rueuc No 01J06'MO53 dry '•• .• a�Qualified in Suffolk County '"'N „ n`°•• Commission Expires 10111120A-I f I�� RECi-IVED DEC 112020 BREEZY SHORES COMMUNITY INC Coning Board Of Appeals Sage Blvd. 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 Helen and Charlie Szarka in cottage 17, which was prepared by: Frank Uellendahl PO Box 316 Greenport,NY 11944 (631)477-8624 frank.ueliendahl@gmaii.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 boardlareez sir,h©res, om ep conicpainfingheliscsuth.net y 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 : (Last name,first name, ddle initial,unless you are applying in the'name 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) j RECEIVED Tax grievance Building Permit J4 Variance V Trustee Permit DEC Zo2� Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Zoning Bard Of Appeals Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even,a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO 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'applicant/agent/representative)and the town officer or employee. _ Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this /,4"" day of 20 1J� Signature ��+'Z'� 'rl,.G N Print Name 4.,A' fyL.Z AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME : (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) RECEIVED _ TYPE OF APPLICATION: (Check all that apply) _ _ _ _ __ Tax grievance Building Permit X to o� Variance k' _ Trustee Permit ,x DEC 12 2020 Change of Zone Coastal Erosion Approval of Plat Mooring Of Burd Of Appeals 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 applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this �`T' 1Jd,'20 Signature Print Name F—atw<< 4ELLAEru�e�iLM �r-T- Town of Southold RECEIVED � qba LWRP CONSISTENCY ASSESSMENT FO DEC 11 1 2020 A. INSTRUCTIONS Zoning Board Of Appeals 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): /'VIM Town Board Planning Dept. Ed BuildingDept.,x Board of Trustees 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital construction, plapning activity, agency regulation, land transaction) (b) Financial assistance(e.g.grant, loan, subsidy) (c) Permit, approval, license,certification: Nature and extent of action: - BAP-7194- ���®�ySZUGTi® flF �t`'� �o�ctt U✓'AL06 tgQQ JQX F �' �� sr.- AyigaZD64 fVR 600E— AJ a 4EMR Location of action: 6490 A120(f71Z—: 2S .9 Site acreage: 02,�p �'�'re-s-, Present land use: A05S/1�;��� �--� n ��-7�3'L ��iUc�L CDI�I�� Present zoning classification: �-8® 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: (b) Mailing address: G 92W f 7. -RECEIVED GG��d f���� IU 4Z- �lS�� - ggpj (c) Telephone number: Area Code( ) / ��� 3� ® DEC I A 2020 (d) Application number, if any: Zoning Board Of Appeals 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. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location,and minimizes adverse effects of development. See LWRP Section III-Policies; Page 2 for evaluation criteria. ❑Yes ❑ No YJ(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 ❑ No PI (Not Applicable-please explain Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria Yes E No [(Not Applicable—please explain) TEC�JVED Appeals 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((N' ot ages 8 through 16 for evaluation criteria Yes M 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 Yes E 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. Yes E No V(Not Applicable—please explain) RECiEIVED DEC 1, 12020 Zoninq Roar of/�ppEa 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 V(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. ❑ Ye❑ No VI(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 LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No 5/(Not Applicable—please explain) RECEIVED 7 4b DEC 11 2020 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 WNot Applicable—please explain , Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section M—' Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No 5/Not Applicable—please explain r 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-SZARKA I"- MGmail Frank Uellendahl <frank.uellendahl@gmail.com> ZBA APPLICATION - SZARKA #17 1 message Frank Uellendahl <frank.uellendahl@gmail.com> Thu, Oct 15, 2020 at 11:31 AM To: Frank Uellendahl <frank.uellendahl@gmail.com> RECEIVED -�4 0' t C 1 1 2020 Zoning Baard Of Appeais _ G PHOTO #1, LOOKING NORTH - DATE: 10.15.20 https://mail.google.com/mail/u/0?ik=7d673c7l 75&view=pt&search=all&permthid=thread-a%3Ar-281831743028162254&simpl=msg-a%3Ar726697716... 1/1 10/15/2020 Gmail-ZBA APPLICATION-SZARKA"' MG m a i l Frank Uellendahl <frank.uellendahl@gmail.com> ZBA APPLICATION - SZARKA #17 1 message Frank Uellendahl <frank.uellendahl@gmail.com> Thu, Oct 15, 2020 at 11:37 AM To: Frank Uellendahl <frank.uellendahl@gmail.com> RECEIVED -�Lfb a DEC 1 1 2020 ng Board Of Appeals A PHOTO #2, SW DIRECTION - DATE: 10.15.20 https://mail.google.com/mail/u/0?ik=7d673c7175&view=pt&search=all&permthid=thread-a%3Ar6971942534451835777&simpl=msg-a%3Ar697359501... 1/1 10/15/2020 Gmad-ZBA APPLICATION-SZARKA#'- MGmail Frank Uellendahl <frank.uellendahl@gmail.com> ZBA APPLICATION - SZARKA #17 1 message Frank Uellendahl <frank.uellendahl@gmail.com> Thu, Oct 15, 2020 at 11:43 AM To: Frank Uellendahl <frank.uellendahl@gmail.com> RECEIVED 7g6A DEC 1 1 2020 ning Board Of Appeals z y i x1r, PHOTO #3, WEST DIRECTION - DATE: 10.15.20 https://mail.google.com/mai l/u/O?ik=7d673c7l 75&view=pt&search=al l&permth id=thread-a%3Ar7989536498716682308&simpl=msg-a%3Ar798457904... 1/1 10/15/2020 Gmail-ZBA APPLICATION-SZARKA#'— MGmail Frank Uellendahl <frank.uellendahl@gmail.com> ZBA APPLICATION - SZARKA #17 1 message Frank Uellendahl <frank.uellendahl@gmail.com> Thu, Oct 15, 2020 at 11:46 AM To: Frank Uellendahl <frank.uellendahl@gmail.com> RECEIVED DEC 1 1 2020 Zoning Board Ofgn peals PHOTO #4, NE DIRECTION - DATE: 10.15.20 https:Hmail.google.com/mail/u/0?ik=7d673c7l 75&view=pt&search=all&permth id=thread-a%3Ar2O83025284749125837&simpl=msg-a°/a3Ar2O9l28770... 1/1 /' w fib.• I %/1 ,��,/�/j� _ r• ..i^`� d t _ 3 _ 5_ �2, TOWN OF SOUTH&D PROPERTY RECORD CARD •l �'�1�� , OWNER STREET �'reEZU � nr�s ^, 7ti,%c• MAI•n baa a� �-ree,� o<-�- 1h • ACR. ��, �� REMARKS S��• L 2 d ! TYPE OF BLD. ' 6111 )014 3 cI 5 c ® �a�►t, c. �t ,� j I Dr'•s PROP.CLASS A 'Boge uvrmosoo 2 �3�1F 6 I �1 C Iia LAND IMP. TOTAL DATEI O 35529- GlD (}IJL� a %, ,a i�e_v bDo Q h0200Z t WX- k 4. - Ile 3s 9� r ® ��• �,.� �3 , 11 lql r3 jyq ^fz9ys . s 89.-1 v t �o 3 9d 4.y Ia..•14- ft5-- JE�- 1-0,3f49 — �'� t�r.�,�, �: .3d;i gib) �► qc)3gd FRONTAGE ON WATER HOUSE/LOT yoqo -- (Y r l 4b y ® � BULKHEAD TOTAL .711 OWNER. STREET ' S q 0 VILLAGE DIST. SUB. LOT ,har�o`�� ; a ��r �n�o� ��� Int i M l�a�( • �r��H a� 'I � FORMER OW�IElkJ N E ACR. �'Ch C> _ 1001K -1 a r o r V e v� Gt l�E-L �a 1��-- r l f s �;:� - i ( , S`a.. be �a b+ e �� _ _ Cx J +e v� eq �-�:� S ' W TYPE OF BU R1 S. SEAS. VL. FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS 1 Q QQ �QQ c95 — .1 a �r��p 1 L 140 50 r `_v per .r 5 -h f S 100 '5 Z C� 5 r a +3. 4 k s 13 Z r it w UCS C,2 x 1, 7 -tire J6 k-) 3 rri &5L c Ort r • 473889 53 . -5-12 . 6 OWNER: SHORES INC BREEZY NUMBER# DATE TYPE CO USE/DESCRIPTION 23440 5/15 96 PERMIT REPAIR COTTAGE #25 N 23441 5/15/96 PERMIT REPAIR COTTAGE - #7 L W n� rn 234421 -5/15/96 PERMIT REPAIR COTTAGE #25 r rn 23443 5/15/96 PERMIT REPAIR CTG #12 Tillable a 23444 5/15/96 PERMIT REPAIR COTTAGE #4 Woodland 23623 8/08/96 PERMIT REPAIR EXISTING SEASONAL COT': Meadowland House Plot = BULKHEAD •Total TOWN OF OU HOLD PROPERTY RECORD CARD OWNER. STREEL&5�e . VILLAGE DIST] SUB. LOT "Alla ACR. 2, REMARKS -/ 1 '43-4 er .- - - /? . �/-o c -cc TYPE OF BLD. 5/-e6; 7 - C&W Or r- PROP. CLASS 16 /,�A , 7� LAND IMP. TOTAL DATE ZO 39 O/(S le-% -*'rl 54 'Ail Z424,a-2 ��7 z r 7 � Ze,0661]el Of P0229a "ot:) (8-p laces A t L U/0-ces : —- . P# M70-7 repaces 8P* ,5z7',RR- 6 F`� r!qkq7or rLwceS LQ>P '7 SP-ff- �q769 MJ210(-f-c, 8 03 P 4 ar-n 10 rplaces P" (ela(-escl'! I —2LISJ69-—8P4 -3-LYY7 replou-Irea&ir, IF r -7 0 lolla 1bG 32-4-L(- t C.I i:n i-),( o'li-co- ions on t"t CL 1!0 1 :2016-7 i oy- -#z rn > q 107 33-50(o i n-k-ri(sy, of grim iqins. •cof f-aqc_ 1= jq- ori DEPTH MEADOWLAND �J- NVooci S-bye Ln I P$ 33 BULKHEADLL Ef la o ----------- -e)er-iyiE -co1 'N'9 SCTM # —-� -- Du 41 CQ�'�'- -- — �0(5 _, 5 3 - );2 , TOWN OF SOUTHWD PROPERTY RECORD CARD OWNER STREET � !S y.q'Q VILLAGE DIST. SUB. LOT Grec��� .I�,�Pores CvmMLc Alq,1 lvi(. MaI'n Coad G-reeneor+ 1 b ACR. . );2REMARKS ?1 TYPE.OF BLD. DY� PROP. CLASS Sol. e Jv mer soo Li J1 bi 10 f;,FP-# 34V93 o mti re-Da i t r D r ,t,j �,r,q, LAND IMP. TOTAL DATE l�� B r:9 35g2q I d, I') CG 1 d dC�D o QL, z .4 4iZJIto C3 1 of W � � ni r m a O D ®rl ` m En FRONTAGE ON WATER _ HOUSE/LOT BULKHEAD TOTAL : J '•''�E14y ' 7 OWNER ' ' ..,` `itmIsrREETr J 'Ly 6`11 y" 'l�f N l •f R: + {a 5I i l :S4il '�`' "1N' r n y 1 ';�' !s Yia P•��f I� cif+(' li� FORMER,OWNER N ,` '��' EACR. 1 I .1I {�r . �..��> .et, s j 5 /W) ! TYPE OF BUILDING RES. SEAS. VL. FARM/" COMM. CB. MISC. Mkt: Value LAND IMP, TOTAL DATE REMARKS l sua ?_ cin AGE BUILDING CONDITION „ / r� � rc � S'o•o NEW NORMAL BELOW ABOVE FARM' Acre Value Per Value Acre - yG0' !? Ca 0.4; 'illable 1 i L. "! Ag 4 of J o d illable 2 C—re19 r'+ C J n,•� � �� illable 3 /oodland �.a Nompland n003 n J rn FRONTAGE ON WATER rushland O FRONTAGE ON ROAD ouse Plot ® DEPTH BULKHEAD 3/7o ,tt C0 s0� S". vd ? "1 S—QG /U it L COLOR • ins -- � ---�•... • =3TRIM -- — — — — � W ® - - - - ra li c� rn - — — , O� � _C --- 4 -r s- i � ® �® o T—T m — 7 !-I—' - • s -s CAI f � � t -- M. Bldg. 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OWNER STREET VILLAGE DIST. SUB_. LOT i a�i FORMER OWNER N E ACR.' S W TYPE OF BUILDING �eC O M ! C ,.ES. SFAS. /� VL. FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS z v 2- .0-6' y(, �y ,j,,/ : lr /i 0 3 0-0 ,Q, D c� (.7 ��s•N�� t �1'.s-o'a mss' l1/ , i •}' J 'i .{� �,}} rVJ�GAg 117 - J� Li AGE BUILDING CONDITIONti SEW NORMAL BELOW ABOVE 3ICS z I_•-r' o, t'Sc u, _t .N I nig °?I t_L ►� =ARM Acre Value Per Value Bus;r�} 4 t3o Acre I 5 18 - rP.- t illable FRONTAGE ON WATER f -7 ' r' �-�w?w:r! •1 C'<�G'i a��ry:r H'rr,rK Ir+� YcF /oodland FRONTAGE ON ROAD Ipadowland DEPTH ouse Plot BULKHEAD opo n- otal DOCK o �� i_0 - •st �__ ^�Ih �1 Ifll lll� lr .:1.11.fl \I/;�1✓'1i V ., � .. i � © PSP®..rA..C' -h r •'„` •i �t!. srmmt� __ - _ - _ ©:. ®,.♦.� < - ��- @ � .Jt� ^f_A !9 1`'i .,I It t,. y .r ■■■ ■■ ■■■■■■ ■ NWE ONE .....■.■■ .. ■■■■O■■■■■■■■■■■■■■■ ■i■M■M■■■M ■■■■■ ■■■■■■■ie■ • ■■■...C■■■■ ■ ■■■■�■■ ■■■ ■ ■■. ■�■ �: ..............■■■....■ ■ ■■ ■■ ■■■■■■■■■■■■■■■■■■■■■■ NNE •■■. - ■■■ ■■■■■■ :■■ WOMENNMMMMWMMN i ■ ■.■■■.■.■.■■■�■ i� j ■■■ ■--M moon no ON ■.■ ■■■■■■�S ■NN■■■■■■NO■■■■■■■■■�■O Foundation Basement _.. - 11 ! MAW • ... �_ . :Ulu . Recreation Room gnomon"M • ELIZABETH A.NEVILLE,AIMC �� �� Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 2 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER Telephone(631)765-1800 FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: December 16, 2020 RE: Zoning Appeal No. 7462 Transmitted herewith is Zoning Appeals No. 7462 for Charles Szarka: __,/Notice(s) of Disapproval The Application to the Southold Town Zoning Board of Appeals Applicant's Project Description Questionnaire Correspondence-�k,{AEcr �ro..•.. `�",o��•e �tl Sores Certificate(s) of Occupancy Building Permit(s) J�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 Short Environmental Assessment Form Board of Zoning Appeals Application Authorization Action of the Board of Appeals �/ Applicant/Owner Transactional Disclosure Form(s) Agent/Representative Transactional Disclosure Form(s) ,/ LVW Consistency Assessment Form Photos Property Record Card(s) Maps- _ Survey/Site Plan Drawings a Town of Southold P.0 Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 12/16/20 Receipt#: 276815 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7462 $250.00 Total Paid: $250.00 Notes: Payment Type Amount Paid By CK#852 $250.00 Szarka, Charles & Helen Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Szarka, Charles & Helen 5 Cathy Ct Glen Head, NY 11545 Clerk ID: JENNIFER Internal ID.7462 '7 ,f AFFIDAVIT OF PUBLICATION The Suffolk Times LEGAL NOTICESOUTHOLD'TOWN 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 Ordet202,1 of New York Governor Andrew Cuomo in-person 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 maybe viewed at http,//www.southoldtownny,goy/agendacenter, -Additionally,.there will be,,3 link to the Zoom Webinar meeting at http://www.southoldtownny.gpv/calendar.aspx. 10:00 AN, GEORGJE CAVAGNARO#74,52- Requestfor,a variance from Article XXIIi,Section 280-124;and the,Building Inspectoes October 28,.2020 Notice of Disapproval based on ah appfication-fora permit to construct additions andalterations to an existing single•family dwelling;at 1) located 1'essthan.the code required front yard setback of35 feet,, located at:265 Racketts Court,Orient,NY. SCTM No•.100Q-17=69.1.10:10 XM.-PEDRO RIVASAND YIRA TEJADA#7458-Request for Variances from Article 111,Section 280-15;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 fathily'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) 0roposed 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; I'pcated at:305 F1int.Street,Greenport,NY, SCTM No,1000-48-2-7.1.10:20 A.M.-MARI SHEA#7460-Request fora Variance from Article XXlll,Section X80-,124 and the Building Inspector's December,1,20.20 Notice,of D,isapproval.based on an application- for pplicationfor a permit to construct additions and alterations to Orr existing single family'dweliing;at 1) focatad less than the code requiredfront yard setback of 40 feet;located at,1350 Smith Road,Peconic,NY.SCTM No,.1000-9$-3=-25,1.10:30A.M,-REfER ANt7.VALtRIE SAKAS(BREEZY SHORES COTTAGE#16)#7461- Request:for a Variance from Article XXIi1,Section 280-123 and the,Building Inspactor's December 8,20,20 Nratice-of Disapproval based on an application for a permit to construct additions andalterations 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 buliding is changed to a conforming use;at:65490 Route 25, (Breezy Shares Cottage#16,Adj.to Shelter Island Sound)Greenport) NY. SCTM#1000-53.-5-12.6. 10:40 A.M. -CHARLES AND HELEN SZARKA(BREEZY SHORES COTTAGE#17) #7462-Request for a Variance from Artide.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 seasohal'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#17,Adj,to Shelter lslandSound) Greenport,NY.5CTM No,#1000-$S-5-12.6. A.M.-MATTHEW KA'EL1N AND KATHRYN COLLINS #7404- Request for Variances from Article.XXIII,Section 280-124;and the Building Inspector's October 22,2020 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 than the.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 47465SE-Applicant requests a Special Exception under Article ill,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 fora Special Exception pursuant to Article XV,Section 2$0-62B(11)and Article XXVI, Section 280-146D,the applicant is requesting permission to convert and expand an existing two story residential dwelling to's,ix,units of bf447580-3d30-48be-a32a-b6a207ad3606 kimf@southoldtownny.gov SOUTHOLD TOWN BD OF APPLS t AFFIDAVIT OF PUBLICATION The Suffolk Times affordable rental housing;.located at 12425 Old Sound Avenue, Mattituck,NY SCTM No.1000-141-8- 39.1:20 P.M.-SUFFOLK COUNTY ENERGY STORAGE II, LLC#k7463SE—Request for a Special Exception pursuant to Article XV,Section 280-62B(5),the,appiicant.is requesting permission to construct and allow for public utility structures,and uses;i.e.,battery energy,storage system facility; located at 69430 Mair Road"(NYS Route 25),Greenport,NY SCfM No.10130-45-5-1.The Board of Appeals will heal-all persons° of'th6t representatives desiririg,to be heard at•each hearing, and/or desiring to submit-wr"ltteti ,staterherits before the,coricluslon.df eac,h hearing. Each headhg.will not.ftart earlier than designated above, Files are ayallaVe for review on The,Towd's Weblink/L,aserfiche under Zoning Board of Appioals (ZBA)\Board"Actions\Pending, Click Link:http-//24,8&.28,22$1,2040/weblink/8rowse.asp)(?dbld=O, if you have questions,please:telephone aur office at(631)765-1809,or,by emaih, kitof@southoldtowgny,govDafed:`,laniary 21i 2021 ZONING BOARD OF APPEALSLESLIE KANE5 WEISMANt CHAIRPERSON BY: Kim E.Fuerites54375,Main Road(Office),P.O,Box 1179,• Southold, NY 11971-0959 bf447580-3d30-48be-a32a-b6a207ad36Q6 kimf@southoidtownny.gov SOUTHOLD TOWN BD OF APPLS RECEIVED AFFIDAVIT OF PUBLICATION The Suffolk Times FEB 2 4 2021 State'of New Ydrk, Zoning Board of Appeals County ofj Suffolk, The undersigned is the authorized designee of,the publisher-of-The Suffolk-Tirnes,a-Daily Newspaper " published in Suffolk County;New York, (certifyAthat the public notice,-a printed copy of which is attached hereto,was prihtgd and pir,btlshed in this'newspaperon the fdlloVvin&-dates, January 28,.2021 this,newgpaper has been designated by the County"0ork of Suffolk County,as,a newspaper of record iii, this-county,and as such,is eligible to publish such notices.= `Signature• Eliot Tw Puttfarn Punted Name Subscribed and sworn to before me, Thins, day of Notary SignaSTATE ri���iArnrnrrt�,F OF-NEW YORK . i F N WARY PUBLIC M1 �. .0 . ALBANY 0 012E639844) Notary Public Stamp r� ���+irrrrirrit bf447580-3d30-48be-a32a-b6a20.7ad3606 kimf@southoldtownny.gov SOUTHOLD TOWN BD OF APPLS T BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ®�� ��� 53095 Main Road-P.O.Box 1179 ® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. �� 54375 Main Road(at Youngs Avenue) Nicholas Planamento ®�`�Coumv Southold,NY 11971 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.gov/aqendacenter. Additionally,there will be a link to the Webinar Zoom meeting at http://www.southoldtownny.gov/calendar.aspx. If you do not have access to a computer or smartphone, there is an option to listen in via telephone. 10:40 A.M. - 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 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 #17, 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/weblink/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 n y BOARD MEMBERS — Southold Town Hall SOF so Southold 53095 Main Road•P.O.Box 1179 Leslie Kanes Weisman,Chairperson � O r Southold,NY 11971-0959 - Patricia Acampora � � ' �Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. ,��. • �O 54375 Main Road(at Youngs Avenue) Nicholas Planamento Own Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS �l TOWN OF SOUTHOLD 6 v 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 it.to a sturdy_`surface such as plywood.,If your sign 'is damaged please call the office and we will provide you,with anothet 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 hearinit 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. 1 r Instructions for ZBA Public Heai'fr.s/ r Page 2 _ 40y 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 info rming'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 kimfnsoutholdtowriri.gg_y,or elizab6th.sakarellos@town.southold.Liy.us c. Instructions for'Laserfiche/Weblink to view all pending applications. (Enclosed) Link to view pending applications: http://24.38.28.228:2040/weblinkBrowse.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. TowhOfSouthold='Assessors, Assessment Books/Tax Rolls.'}x2010-2019,x;:2019 http://24:38.28.228:2040/weblink/0/doc/1022250/Pa eg l aspx. IMPORTANT INSTRUCTIONS: Scan and email the USPS mailing receipts, green signature cards and affidavits to kimfasoutholdtomm.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 public hearing as instructed, please let us know. Sincerely, Kim E. Fuentes Board Assistant kimf@southoldtoLAM.gov s•s'S�TT��e.5e.i` f(/k��Y+ �'�4.� � y�� '� 'S+sjna;,. �'��'�I"_y��,.�y �+t .1^��•t �`¢'}s� Y 'E w F ,1 'l ,� :�®y L/ "a�4'UL b.IR Sx� ji MR. ,�w i{'� • f';• p f 'a `..F� New Y O it k. *.,,.n�7y r'•*we+Grv"�.pxc -ri f S d social ;� e x Fra " • I#�y �P lY a?z, �[, 'i p 5.. :v � ryt..y,.�,a•' '. i' 7""US y;� n'''v. �,�'' •.��tv' �u'�+'� .nt` �,�' ��� � �� � r+ rc'.� � a���i�f 7� t s P'd`�d'�F1F° � :u�.� �•(w% ,,vy� " � •��,s��a�s � ?, 1 € �[ ,,a a�y�' ,�P'* ! �,, f/7�, �$�,c2,�� s� ,� � �k'� ��t�- *,yf S ri/ •� ��j,�, a ��tx' }��nr .44 a. 4 tl/ r yf •� ]r` I � C AN•. yp°` .i4 } !Ej. iC x YS its v ki a'isil is r + v -e �'r+ge.-4 r kj. }5 {s +,c; •� .` k 6„�y e'w,� fr tw All �S x P t u A�f i ,� x n m � r "i ♦ 4 �i s sv� �' "�61. t�L' "" ' � i tr �, � CJs fit' � M ,}9 y �� ,. ! r-�'`t `a •}-;1 x,•:'1 w k r Fti�1! ati t less xt yN.R'� `FCM" v x� tY�k>• ;'.,�., ri'd'e !9 7: -u!F ,�'� �y b w �` r w I Yx,rr-w .•.yg rx ,h5_'� t`�wq r'"?R ; fq. .,��s Zy+r:,u„ 5 .t r 5' •.o-i`He ;7kit&",1 4 � ' i.Cx `� .1 a w +�m y � r'� !'1 8 tr., x :cr k�.� -:_�."w '� �:�* 'k i �%+,�:� .k az W �, f x., •; .,.-rr* r`'k3${ � �r ,.'1 x-• � Z &� k � �"a` �,�r t� � �,•° �'` �,.� �' � �y',tva 'r,�, r �'•16+a, � l L.e r 1'1 Y Ay of+- �x � .. y, s 'Si ? .�1�.,„ � .. ..a �� 0• -.. 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Above, Lists all Pending Applications under Board Actions/Pending URL Address, Link is htt 4.38.28.228:2040 weblink Browse.as x?dbid=0 Laserficl�e Instructions ZBA File Page 3 Laserfiche ebLmk u a = _ ti viet7l:mt;rr+a:r'Atiwt4 NOme BrbwSe,,Sear[h ' TownWoutttold>Zoning soardofA(4)p15 fZ8A1 Board Actions Name '•�- —_ —�� (Page count~ —� ".Jem,taCelta_ `",x" E�D 1957.1979 �Y �__ .. X19841999 _y t Path 2000 TO t TownO(SOOt IdQorireg board I ,j of'Appeals(ZdA)Tcard Adions k..=; ED 2001 ! Creation datE in 2002 7110/2001 1 155 PM 200.3 Last modlfleQ fa--2 -—----------------------- ----.._.._. _---•---------------_--------------- 004 3/M01711.607AM _V' 2005 — fj5h.?M'e�tMia�1���-ci=e 2007 Nometadata gned 1 .- - --- --_.---------------------- --------------- 2008 j • �-_' C3 zoos &Resuas ( 2010 fhit7paggmair?t7ses7,j ; G3 2011 ,� C'7 2012 t t ! jM 2013 j'- E*2014 t ( 99 2015 In 2016 ` -t P 2017 ! F__Fra Pending 1 Above: Board Actions are listed by year., Crick folder to open. ,AII'Special Exception applications that require Coordinated SEQRA Analysis'are stored in "Pending". - ipml= afowsl.�SediUF.t'-",:TaK11of4kftdd>Zd-8 Staid 0{MPeWs al 2017__, 9a6c m1.d -' ..- +yrcmr dd$ '. C'�•-dt7"a +.UO i*MA - Pam o.,+ncasodlnwa2m6ro I i 7w1 eovd.clrom =d 1" ]DIl 75 90ard>\Oan9 t 7017 7s Bwrd Ac6as tau mom6ed t G1Z6201743h91 U t i ®Au 116 aea/d MIaM mti a7 --_-- — eOaroAc0ar0 -�7016 83 Na m0 M.d 4 ' ' 1017 me S6. - .. Board AcOaa �,7019 Sa awduPwn 59. ' �)ax7 >9 BwrdKuom - '1�A7a 68 eoard/ni9rm - _ 8 A29 110 FlOardAltbnz 73 - .a M7 60 Burd— - t 7076 w 99ardH.. (�7079 3 —d— Above dns00n9Above See listed File Numbers. Click on file you are searching. Laserfiche Instructions^ ZBA Files� 1 Page 4 Above: In addition searching by file no.You can also use the above search tool by typing the name r title of the applicant. Laserfl he WebLlnk, - ryo"irre search . I Customhe S'rch ' Sort results by. Relevance ie �I.Records Management _.._......._.-...��- �j---J--� 97016 j Board Actions-83 'Field name page(s) Lch.-{m( _-� Page count-83 Template name:Board Actions Page 3 .Colin and Kristen Cashel PROPERTY LOCATION 162 Lower Shingle Hill.Fisher_ Page A 19,2017 07016.Cashel SCTM No 7000.9.1-26 minimus approval to remo. Page 5 y 19.2017 07016,Cashel SCnA No 10009-1-26 GRANT,the variances as Semdl semn ; Page 9 .COLIN&KRISTEN CAMEL SECTION 009 BLOC_ r _--_- i Page 2o...Thomas AhlgreMcashei),PO Box 342 Fishers lslancM.. k I^,Show more mronnahon. 97010 -i Board Actions-56 page(s) Page count 56 Template name.Board Actions Page 48.,9:30A M-COLIN tASHELAND variances under AmdeldSedlon ANN... , +r Page 48-ance(s)KRISTEN CASHELS7016-Request proposed trellis located In other tha. Show more information_ - - Above. Shows you files that can be found using a phrase, name or title. Or you can search by Tax M p No. (District, Block and Lot) using the format 1000-111.4-1. -Laserfichg WebLink_ hlrwebLikNea nbac1 sq 11 Nome.-BfoWse. Search Y� -ToWnOfSouthold>Zoning Board of Appeals(2BA)>Mmutes%AgehtlasA.Pgal Notices/yearings,�, I.,._'-J��.__..._.. �__'-____..____,..__"-'-'_.-.___•__...._.__..)..sem_:._. -�+ a.-"a^fi,` -'#�"y.r y "?t•'�„� �;'•-r♦ '- I Minutes�Agendasll.egal i Name -`- `-_-_`Page count-�..._�.,_.,______ 1..- 6 Notices/rearings '_ 'Cxi 1957.1979 try 19ao-1999 - - -- -- - -- - - - - -- . Iy'3 2000.2009 Path uin0!dlZoning Board - l 20/0 OfAp j�,I �2017 fZOA)w1m tes+A,gendasA.egal ! ,,2012 } NoncestHi dngs - - - -- - - - -- - ---- - -- --' - - -- ----- 2013 Creation Mj v:az001 25x40 PM i 1 M 2014 ,+ Last mod fled fy 2015 { 12/1620162;15-14 PM i t32016 1Ime6t M^ 2017Nta assigned ' ` Page 1 of 1 11 Enb _ _ -Daameumsa5emaee rnwn�....eesiue.hl.wAde-r9si4y8am L•Si"n33.snrt.*n wnenri- - - -_ - -- - _ _ _ - __ Above:Also, Minutes,Agendas, and Hearing Transcripts can be viewed. e Laserfi he Instructions ZBA Fil s Page 5 Laserfiche, WebUnk aActf rdofAppj!aJs Ar�1 2077 Name 7 t.PagemunC L UA41/05/2017 7 e Qk ZRkOl/0512017Ageda 4 Path ZBA-011058017Heafing 40 TownOtSmaold'Zoning Board cfAppeal! Ek ZR"11059017LN 3 (2 ZB"11/19M17 2 M"111912017fterida aeatlondoe 12116r20161:15.14PUl ZRA-02IO2/2017 7 Last modlOW 01 ZaA-WD212017 Agenda 4 W20t74a59RA ---- 1 61, E,-17 Hewing 45 C1 ZISA-02/02nO17 L ZR442/16f2017 Agenda No metada assigned Ze40211612017 Special 3 ZeA.03702a017 7 L11 ZaA 17Agend 4 ZwO3IO2/2017 Hewing 65 Zi ZOA-M 7LN 3 Z8A-03/1W017Ageml. ZEA-WI6/2017Speclal 3 26A-04I06MI7 5 C1 Z9A-W06=7 Agenda 4 EjZaVWDW017HewiAg 45 Above: Agendas, Minutes and Transcripts are in chronological order. Revised 6/15/2020 i4U' Tit'W. E U' F HEARli4o The following application will be heard by the Southold Town Board of Appeals VIA ZOOM WEBINAR - REFER TO ZBA WEBSITE FOR AGENDA on httpm. sautholdtownny. qov NAME ' BREEZY SHORES COMM ,/SZARKA, CHARLES (COTTAGE # 17) #7462 SCTM # m. 1000-53-5- 12e6 VARIANCE : INCREASE IN NON -CONFORMITY REQUEST: ADDITIONS & ALTERATIONS TO SEASONAL COTTAGE DATE : THURSDAY, FEB . 49 2027 70 :40 AM You may review the file(s) on the town ' s website under Town Records/Weblink : ZBA/ Board Actions/ Pending ,1- ZBA Office telephone (631 ) 765-1809 v f TOWN OF SOUTHOLD ZONING BOARD OF APPEALS Appeal No. SOUTHOLD,NEW YORK AFFIDAVIT; OF , In the Matter of the Application of: MAILINGS Fjff 6gzwes CDYU1uVt�v�6 (Name of Applicant/Owner) SCTM No. 1000- (Address of Property) (Section,Block&Lot) COUNTY OF SUFFOLK STATE OF NEW YORK LU/ r /'� I, ( ) Owner, ( fa Agent AV- -e���[/l(�'�a VI I residing at e-e LAo New York, being duly sworn, deposes and says that: On the day o C( ,20'/U, I personally mailed at the United States Post-Office in �-et ?New York, by CERTIFIED MAIL, RETURN RECEIPT QUEST , 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 KAssessors, or( ) County Real Property Office, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. (Signature) Sworn to before me this CONNIE D.BUNCH l'� day of IAU lM4 ?-1 Notary Public,State of New York No.01BU6185050 Qualified in Suffolk County, I Commission Expires April 14,2 �t (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. 1 CTHIS OMPLETE • COMPLETE THIS SECTION ON El�'�RY EMIIiiiii A Si ■ Complete items 1,2,and 3. gnature ❑Agent ■ Print your name and address on the reverse X l aY 0 Addressee so that we can return the card to you. i ■ Attach this card to the back of the mailpiece, B. Received by(Printed��* �D I el I �[ b or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from Ye If YES,enter delivery address below: ❑No �QZ < jioteS f3. Service Type ❑Priority Mad Express® ❑Adult Signature ❑Registered MaIITM ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted II I IIIIII Ilii III I IIIIII III II I I Ililll II I I II III ❑Certified Mail Restricted Delivery ❑MReturn rhReceipt e e ipt for i 9590 9402 6031 0069 4421 00 0 Collect on Delivery ❑Signature Confin r tionrm ❑Collect on Delivery Restrictd Delivery g 2. Article Number(transfer from service label), [3-insured Mail' ❑Signature Confirmation Restricted Delivery Restricted Delivery j - 7 2 2 0 248 0 0002 27 29 5171nomestic Return Receipt I ' SECTION • • • DELIVERY COMPLETE THIS ■ Complete items 1,2,and 3. A Signature ■ Print our name and address on the reverse ❑Agent Y X � ❑Addressee so that we can return the card to you. ■ Attach this card to the back of the mailpiece, B.• v d b (Printed Name) C. Date of Delivery or on the front if space permits. _ 7i�2 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes 4 If YES,enter delivery address below: ❑No { lD�i lQj ver , �2f k ez���� s I Aj' p?D2'6 3. Service Type ❑Priority Mad Express® II I IIIIII IIII III I I I I I II IIII II III I I II II II II I III [I Adult❑Adult Signature Restricted Delivery ❑Registered Mail Restricted ertified Mall® Delivery 9590 9403 0693 5196 2181 93 Certified Mail Restricted Delivery ❑Return Receipt for Merchandise ❑Collect on Delivery I ❑Collect on Delivery Restncted Delivery ❑Signature ConflrmationT"" flY 2. Article Number(Transfer from service label) ❑Insured Mail [3Signature Confirmation Restricted Delivery Restricted Delivery P; �7 0 2 2 2 4 5 0 0002 2729 5b27- ' Domestic Return Receipt ; eSECTIONCOMPLETE • • DELIVERY ■ Complete items 1,2,and 3, A. Signature ■ Print your name and address on the reverse X 0 Agent so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Delivery j or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes i If YES,enter delivery address below: ❑No f 3. Service Type ❑Priority Mail ExpressO II I IIIIII IIII III I I I I I II I III II III I I II I IIII II III 11AAdult Signature Restricted Delivery ❑Registered Mail Restricted erhfied Mal10 Delivery 9590 9403 0769 5196 1273 50 Certified Mail Restricted Delivery ❑Return Receipt for i ❑Collect on Delivery Merchandise ❑Collect on Delivery Restricted Delivery ❑Signature Confirmation"' 2. Article Number(Transfer from service/abed �.incu d M„�� , ❑Signature Confirmation stncted Delivery Restricted Delivery 7020 -_ 21450,'0002 2729 5096 � PS •.• ,. - - Domestic Return Receipt - e ■ , A © ■ ■ rl l ROME= I• I -0 ,n O U_ Gre OF 11111 1 t A U 3 E Q. 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Total Postage and Fees ')'' t $ $6.95 °«�6 '_-��� ru $6.95 � O Sent To ru r Sent To L ru O Street and ------------------- Ap No,or PO Box No. p �(} 2 Street and Apt o. PO Box N �S`' `t ----- U------------ i Po --------- ----------------- State, ---- ` Crry,State, Nam cl I. 0 • • - . • , - EdTa trr ?J Oft Er 2 f�� rU • � �� MEMO rU S Certified Mad Fee I dAL U "'y ,.E r� $ 3.55 17944 { Ir Certified Marl Fee rU oc 2flru $3.55 6944 Extra Services&Fees(check box add fee :i ata) - I lti $ e i ❑Return Receipt(hardcopy) $ p - 2fl i ru Extra Services&Fees(checkbox,add fee ' ate) O ❑Return Receipt(electronic) $ $fl fill P03trilark I ❑Return Recelpt(hardcopy) $ j.��^- I= ❑Certified Mail a Roqu ed Delivery $ d'r� (j_ osis, I rU ❑Return Receipt(electronic) $ $n•nn r e� Posst(mark' ❑Aduk Signature Requved $ ,4 - � _ ❑Certified Mail Restnded Delivery $ tAn All 2 Her`6 , El Adult Signature Restricted Delivery$ j 'r, ,•� ' O []Adult Signature Required $ t 0 Postage rt re r. - []Adult Signature Restricted Delivery$ 1 1_f7 $0.:1:r Postage ^ p v r"ru Total Postage and Fees 111/11'/2021, O $ �j1.r?� rX F-_ $6.95 =I- Total Postage and Fees ` 1_(1/11 ?17'21 p Sent Toru O.ru C3 Sent To 1-1942/9(rO No,or PDI ------------------- --------------- - - 1125_ __ —�_ �Q� « er------------------------------tandjot ,or p StreetandApt�o,orPL Qai2 City,State, IP+4® /liJyny [/ L City State.ZlP+4®--------------------�---- ----------- ----- OWN see•, - :ee 1 ee Allb • • ■ Complete items 1,2,and 3. A. SiAgent ■ Print your name and address on the reverse g r ❑Addressee so that we can return the card to you. B. Received b (Printed Na ) C. D to o Delivery ■ Attach this card to the back of the mailpiece, h/� , p��c � of Z or on the front if space permits. V° (/� 1. Article Addressed to: D. Is delivery address different from item 1? ❑ es i if YES,enter delivery address below: ❑No t 14 4 3. Service Type ❑Priority Mad Expresso II �I9I�I III I Registered T Signature Restricted Delivery ❑Reistered Mail Restricted U D HIM III1111111111111111111 defelvery ❑Certified Mail Restricted Delivery ❑Return Receipt for 9590 9402 6031 0069 4419 81 ❑Collect on Delivery Merchandise i ❑Collect on Delivery.Restncted Delivery Q Signature Confirmation" 2. Article Number(Transfer from service label) _ .• ❑signature Confirmation —may — rRestricted delivery Restricted Delivery _ 7220 2452 0022 27295317 ` = Domestic Return•Recelpt j i P orm 3t3l 1,July 2015 PSN 7530-02-000-9053 - -, i � c - • ® • A. Signature � ` ■ Complete items 1,2,and 3. i ■ Print your name and address on the reverse X ❑Addressee en so that we can return the card to you. B. Received by(P anted Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. Yes 1. Article Addressed to: D. Is deiiv address different from item 1 If YES,enter delivery address below: E3 No � L& r 3. Service Type ❑Priority Mail Express® 11 Adult Signature ❑Registered MadrM II I I�I�I I II I I I IIII III I III i I I III I I I II ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted) ❑Certified MailO Delivery ❑Certified Mail Restricted Delivery ❑Return Receipt for , Merchandise 9590 9402 6031 0069 4417 69 o collect on Delive ❑Collect on Del very Restricted Delivery ❑Signature ConfirmationTm Mail, [I Signature Confirmation + S 2. Article Number(Transfer from service label) _ ❑ restricted Delivery Restricted Delivery ?020 2450 0002 27 2 9 5539 Y Domestic Return Receipt A. Signature _rr'egent ■ Complete items 1,2,and 3. X tj❑I Addressee { ■ Print your name and address on the reverse Date of Delivery I so that we can return the card to you. B. Received by(P nted NameC.) �at ■ Attach this card to the back of the mailpiece, or on the front if space permits. Uyes 1. Article Addressed to: D if YES, nter delivery address i� below: ❑No l X04--0 S i ` 3. Service Type ❑Priority Mad Express { ❑Adult Signature ❑Registered MaIlTM !9590!9402 I ❑Adult Signature Restricted Deiivery ❑DDee9Veryed Mail Restricted'❑Certified MailO ❑Return Receipt for ❑Certified Mail Restricted Delivery Merchandise 6031 0069 4418 20 Ei Collect on Delivery Restricted Delivery Collect on Delivery ❑Signature ConfirmationTM' ❑Insured Mail ❑Signature Confirmation 2. Article Nuri'iber(Transfer from service label) Restricted Delivery Restricted Delivery 7022 2450 000454 2 2729 5 _ Domestic Return Receipt I I P s._ �x: } BMW � © ■ s � ^,�. -,y��"+t;�� LrI a m n .n f �p U7 ry frl N Grr�� Por� a '' a - r t Y144 �( U S � ell' , = o" t a Yon �( 11� 3 rU Certified Mad Fee r` $ $ •a5 i 1944 nj Certified all Fee r1J Extra Services&Fees(checkbox,addles `� °� 20 r- $ $3.55 i 1944 ❑Return Receipt(hardcopy) $ T rate) rU Extra Services&Fees(checkbox,add fee •trppld ate) 20 rU El Return Receipt copy) $ I I 1 1 flJ ❑Return Receipt(hardcopy) $ Q ❑Certitled Mail Restricted Deliveryt};? Postmark ❑Return Receipt(electronic) $ V,\(■Cy/1/r�i $ I_'IIII - Postmark Adult Signature Required Here ❑Certified Mall Restricted Delivery $ IVU Y r Af` Q "'? ct '�.�s ❑Adult Signature Required $ Here Adult Signature Restricted Delivery$ r Q .��"�"�,� Q Postage e �— CO'1 ❑Adult Signature Restricted Delivery$ U-1 $ $IJ..95 l - Q Postage / `®\ al -'- Total Postage and ppees i�./1 j/2021 u� $ $0.55 $ ab.95� �/ Total Postage and Fees /,� fJj/j1/2L}2j Sent To $ $$.95 J -2 1 A fU � �LcIR._�{ SyhG r0 Sent To Q S�troetaridApt.7Jo,or POBoxff.T<� C� v Q St�oet andApt No., O Box No. --gt"��//�/1 r` Q5y tate,ZlP+46 PU------T P- �+�1� _(`-•-_5/��LCY�� /mooO �tv t,� CLlG / +4 State,ZlP+4® - - --------- -- --------------- ------------ :.. .... 12o Ir " Raw A, Q Ir Lr' Fortars sF IJ `n Er 1 1• 1 j "� Souk 11 ni Certified Mail Fee r 1�j d A L U 8 �E IT" of 1 N ru $ $J'55 ±}944 rU Certified Mall Fee Extra Services&Fees(checkbox,addfee �p Qpe r,- $ $3.55 0944 ❑Return Receipt(hanlcoPY) $ lt.�l Male) 20 1 e 21_I ❑Return Recelpt(electronic) f' rU Extra Services&Fees(checkbo�y add fee s ate) Q ) $ = �'!-' ❑Return Receipt(hardcopy) $ 11 Q O Certf led Mall ResMcted Delivery $ tt tl rn L Postmark 0 ❑Return Receipt(electronic) $ $0-1111 Postmark 0 ❑Adult Signature Required T Her® ��� ��r� ❑Certified Mail Restricted Delivery $ Here ❑Adult&gnatumR $ "�+r "'�1, Q f�I,k11� Q Postage estrlcted Delivery$— ••^�N r-3 ❑Adult Signature Required $�.,•��y�a=.�� L1 $ $1}.e5 I ❑Adult Signature Restricted Delivery$ � Q Postage $I�o cc ru Total Postage and ees �l I jt%j 1 X21]2 j $ t �+ $ 6.95•�'-f•.2M3�, Total Postage and Fees I lY /11/2021 Q Sent T- I ,^[ ' $ $6.9`$ IU ° -LOI 1�lJr � Q Sent To -- --- "� p� r O �treetandApt o,orP BoxNo -------g- ni Q S[reet and Ap. o.,or Pb Box No. I� Crty,State,ZIP+4� r- f� ((A ?�Cj Q ary,State,ZIP+4° -- i. s • _ ■ , MAI O ■ . _ ®'® Y'i!' T .4 ;,F,;`rJr"•'"1,"b ','A"'��i �3ti• ,1k�M'I,x ;'A'�w,r - ru S❑uh`❑lr I 1Nl j(�7�1 Ln m ru Certified Mail Fee rn r`- $ $3.55 0944 1 Er Gr e,6,—?, ❑�9 t Y 1 '924 rU Extra Services&Fees(check box,add lee Oe 2f1 rU Certified Mall Fee ee X1944 eppro ate) $3.55 � °c 'Il i ❑Return Receipt(hardeoPY) $ 11,�,I I_I $ rl I ❑Return Receipt(electronic) $ }1} fil} i rU Extra Services&Fees(check box,add fee app ate) ❑CertNled Mall Restricted Delivery Postmark / ❑Return Receipt(hardcopy) $ fit•"7 1 ❑Adult Signature Required $ Here ,/ fl_I ❑Return Recelpt(electronic) S t11-rCIL Postmark 'vJ/ Q ❑Adult Signature Restricted D. livery$ •r'fr�-lt \` y��', _V// ❑Certified Mail Restricted Delivery $ �r� yU,l_ 1 �rHere Postage �— \ ❑Adult Signature Required $ Q p \7 Lr)rl $ $0.55 )i ❑Adult Signature Rest icted Delivery$ -r $Total Postage and Fees 1/11/2021 O I $ 1 stage $I I.55ru 0 1,{ /2021 $b.9-ic �1� r{ Sent To I Ya�✓ N Total Postage and Fee$6.95 �o g5 ( $ c rU -- -------- - - Q Street a Apt. --pi--- o.T�i,� O Sent To C3 till( t i Qr'111���y' ru c � - ----------- --------------------------- ------ Crty State,ZlP+4 q --- ----------------------a--- C3 Street and Apt.No.,or BOx 0.--- ----- - ------ „� State, COMPLETE THIS SECTIO tAN.DELIVERY ■ Complete items 1,2,an 3. A. signature Jl� � ❑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 mailpiof De eece, B• Receiv ( rote rhe) ry or on the front if space permits. n 1. Article Addressed to: D. I lel ve a r1 dl earn mite e = I YES,enter delivery address below: ❑ o /V-64- 14file-- 0 - 3. Service Type ❑Priority Mail Express® II �IIlI IIII III I IIIIII III I II I I III I III I I II III 0AuliZilt Signature Restricted Delivery ❑Registered Mail Restricted Zertlfied MailO Delivery ❑Certified Mail Restricted Delivery ❑Return Receipt for 9590 9402 6031 0069 4417 21 ❑Collect on Delivery Merchandise ❑Collect on Delivery Restricted Delivery ❑Signature ConfirmatlonTM 2. Article Number(Transfer from service label) 0-insured Mail ,❑Signature Confirmation I Restricted Delivery Restricted Delivery ?020 2452 0002 2729 5119 Y Domestic Return Receipt COMPLETE THI$,5ECTION ON DELIVERY C6FVjpLETE THIS SECTION', A. • ture ■ Complete items 1,2,and 3. n Is Print your name and address on the reverse S � ddr see so that we can return the card to you. B. Received by,(Pnnted.Name) C. Date of 9 livery ■ Attach this card to the back of the mailpiece, ,`,% • or on the front if space permits. D. Is delivery--51 address different from item 1? 1. Article Addressed to: - enter E3 Yes If YES,er delivery address below: [I No � . . 31 Service Type ❑Priority Mail Express® `I Q Adult Signature ❑Registered MaiIT" II IIIIIII IIII III I I I I I II I III II IIII I IIII,I I' `IIIA pgduli signature Restricted Delivery ❑Registered Mail Restricted ����(•Certified MailO Delivery Certified Mad Restricted Delivery ❑Return Receipt for 9590 9403 0769 5196 1273'365L-w Merchandise ❑Collect on Delivery t l Signature ConflrmationT"' ransfer from service label) ❑Collect on Delivery Restricted Delivery ❑Signature Confirmation 2. Article Number(r —_ n """"�r r"� Restricted Delivery _ — Restricted Delivery 7020 2450 0002 2729 `5089Domestic Return Receipt PSENDE,R.:-COMPLETE,THIS SECTIONCOMPLETE THIS SECTION . ■ Complete items 1,2,and 3. A. Signature 11111111 Print your name and address on the reverse X ❑Agent so that we can return the card to you. 9 Addressee ■ 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 U 3. Service Type ❑Priority Mail Express® II I III I IIII III I IIIIII III I II I I III I II I II I II III ❑Adult Signature ❑Registered Mai❑ l R ❑�d ult Signature Restricted Delivery Registered Mad Restricted .Certified MadO Delivery E3 Certified Mad Restricted Delivery ❑Return Receipt for 9590 9402 6031 0069 4417 38 ❑Collect on Delivery Merchandise ❑Collect on Delivery Restricted Delivery 11Signature ConfirrnationTm 2. Article Number(Transfer from service label) ❑Insured Mail El Signature Confirmation - - -. -- - ^`— —A Restricted Delivery Restricted Delivery 7020 2450 0002 2729 5461 Domestic Return Receipt Postal P• CERTIFIED © RECEIPT' o RECEIPT N Domestic M I' Domestic Mail Only rq r9For delivery information,visit Our Website at�vww.usps.come. a- USE Certified Mall Fee rr 0944 rij Certified Mail Fee r $3.:•:• C 0944 ru $ 7 •55 Extra services&Fees(check bar,add fee py.rP{y{ate) 21-1 (9..� r` $ r 21� ❑Return Receipt(hardcopy) $ V J�• ,r ru Extra Services&Fees(checkbox,add roe ate) ' ru ❑Return Receipt(electronic) $ I I ( ❑Return Receipt(hardcopy) $ 1 ,.•�^' y p Postmark rLl Return Receipt $ sa nn !v�� �Ptistmark ❑Certified Mail Restricted Delivery $ ,,,$/ 0 &u ek Hera UlY r ❑Certified Mail Restricted Delivery $ 1 •'; 0 ""' El Adult Signature Required $ ✓✓J""" r-3 sp•o{o ❑Adult Signature Restricted Delivery$ ;1/�Sr !a/.!�� I\�, ❑Adult Signature Required $ j= Postage r y t - ✓�y^ �e L , ��` ❑Adult Signature RestrictedDelivery$ -4 i Ln $4.55 � ,��1 ti• ( o Postage rr J N] 1,2021 d... $4.5'5 a Total Postage and s r �t i /1 X2421 $ 1 ru g $.9-1 i t 17021 3 I Total Postage and Fees O $ ent Top +ry' rlJ $ $6•95G.s ru S—� L(� Sent To ------ - --...- -�- --f^/J O StreetandApt No.,or CBoxNo. �' "� -i- _-VR _____ ____ t. - -,C i/2 /> p StreetandApt No�PQB--)gyp,. City State,Z/Pa q® ld l/ Crty Stale,Z%P+4�� ®� d ,!.' ��t . .,.• ! L , mm-wall WIN Now— ■ • f ' CERTIFIED MAILPU.S. Postal ECEIPT C3 Domestic Mail Only ICERTIFIED MAI o ■ i`• rU Domestic ru m Only "n Sro�a� 1�IE i, • L U ru ru 55 tr N£W(Dr7s. r� 0 A L U F— ru Certifled Mail Fee $3.•a:� 6944 Q.Ln $ r Certified M 11 Fee 4Q44 rLJ Extra Services&Fees(check6o y addles ate) 2� IZ $ c �� S ❑Return Receipt(hardcopy) $ I r'1,.1 Extra Services&Fees(checkbox,add rae ate) rU ❑Return Receipt(electronic) $ $-•44 y .�_�postmark ❑Retum Receipt(hanicopy), $ 1 O ❑Certified Mail Restricted Delivery $_ .d t (�f C:3 tl.flh � j raHere ❑Return Receipt(electronic) $ __postmark ❑Adult Signature Required $ i�.0 �• 0 ❑certified Mail Restricted Delivery $ f,[r r� Cl ❑Adult Signature Restricted Delivery$ �'' �1`, °��e �o Adult Signature Required $���,�V� ti''C O" Here 0 Postage h 1,� c,r i G-/ 4���1 C3 []Adult Signature Restricted Delivery$ rte•r�y�:s 5 �" Total Postage and Epees'J _?d 1V -11/Ol/24 1 lO P ostage fJ.�� tiJ f11 $ $6.995 ��--� s y �"ru st�..Iind Fees g-1 d 41id1 O Sent To �l` 5:0 6.95 0 eet andApf.No.,orPO,�x7 —�_____--____"____ `_ - ^--^--- p-- ru SK ______________6__y -- Street and Apt.No_orZ - v�O ^ City State,ZIP+4® / 1 4 S t?i� �� N7 l G!�(� Crry State Z%P+4 ---^-------------- ------- ----- ---- -- ` r rr,., iCJEi� •D� � lobo U.S. Postal Service"' U.S. Postal Service` CERTIFIED - -r ERTIFIED MAVRECEIPT. C w o RECEIPT M Domesti.c Mail Only Domestic Mail Only Ln ti 7j Ln o I` Soul ►1 FS' A L U SSud V ��'' Cr Certified Mail Fee tIQ44 Certified Mail Fee rr r%- $ $3.55 r 24 � $3,.�.t 4944 Or. $ ru Extra Services&Fees(checkbox,addroe pm lisle) __ ru r 20 1 11 1 Extra Sernces&Fees checkbar,add fee r ❑ Return Receipt(herdcePY) $ ❑ Return Receipt(hardcoPY) $ '•r•'�"� ) r U ❑Return Receipt(electronic) $ $4 yU os, ark rl.l c O •c ❑Return Receipt(electronic) $ Postmaik`Y ❑Certified Mail Restricted Delivery $ i_I. 1:�;• �, `t� O ❑Certified Mail Restricted Delivery $ i11 Y� �l?�,F' C3 []Adult Signature Required $ ' O �— Here •+, C:3 . _ i� t ❑Adult Signature Required $ J ❑Aduk Signature Restricted Delivery$ o +Lr a RrJ � �QZ/ gip,, + El Adult Signature Restricted Delivery$ t /> �P..r C] Postage r @ ! D yl I p Postage 6`�Z f I u, $ $ 1.•15 ,V r 4.� 1 ,. •'' r_li/1��42i: � $ $1:1.,,5 � k �b,�,��•, r Total Postage and Fees to ` Total Postage and Fees - �4/11/2021ru r' ru $ $6.95 64'-l ��39QQ. nQ.�j_�.n r $ b.Qr /' C C3 Sent To �ye C U��C._!y`1 1 17 n I in om f� p Sent To 1 U ------------ -`-- -- ru l l 133 ,l T r StreetanApt.No.,or PO x o. -------------------•-- - L �S /'Igrl�� = a� o Ste tan Apt o L,Pox T ---------------- tt U�_k' Lj'VGr125 _l® -_-_/- _---�CG� �y' y City,State,ZIP+4® of r Ci t to ZIP+ '- ------ ---------- ' , 11 COMpLETE THIS SECTION ON i! 'SENDER: COMPLETE THIS, 1, A. Signature ,� ■ Complete items 1,2,and 3. Agent ■ Print your name and address on the reverse X ❑Addressee so that we can return the card to you. B. Re (Printed Name) V ;of every ■ Attach this card to the back of the mailpiece, or on the front if space permits. deli different from item1. Article Addressed to: D if YES, nter delivery ery add ess below:i� [3 No - �(pls�� Z 3 46, ll7:5 3. Service Type ❑Priority Mail Exp cess® [I Adult Signature El Registered Mail II I IIII IIIA I I I ILII III �I I I III I I II VIII ISI Adult Signature Restricted Delivery ❑Registered Mad Restricted Certified MailO Delivery j ❑ ertified Mall Restricted Delivery Q Return Receipt for i Merchandise..,,.2 1 9590 9402 6031 0069 4419 67 p Collect on Delivet on ry Restricted Delivery ❑Signature CorifirmafionTP' ❑Signature Confirmation' 2. Article Number(Transfer from service label) [I Insured Mail Restricted Delivery Restricted Delivery'+ _ 7020 2450 0002 2729 5331 Domestic Return Receipt ; I , • A. Signature ❑Agent ■ Complete items 1,2,and 3. X,y ,,� Addressee ■ Print your name and address on the reverse ' `� E3 so that we can return the card to you. g, Received by'(P inted Name) C.Date of Delivery ,�� ■ Attach this card to the back of the mailpiece, Yes or on the front if space permits. D. Is delivery address different from item Ve 1. Article Addressed to: If YES,enter delivery address below: ❑No V�y� $. Service Type ❑Priority Mail Expresso IIIIIIIII IIII IIIII��IIII III II IIIII III III III III Q Adult Signature [I Registered Mall" Adult Signature Restricted Delivery Q Delliiveryed Mail Restricted' Certified Mail® Return for ` Certified Mail Restricted Delivery Merchandise ❑ y 9690 94.03 0769 5196 1273 67 Q Collect on Delivery ❑Signature Confirmatiorp i ❑Qollect pn Delivery Restrictgd Delirtery ❑Signature Confirmation ransfer from service labegi i 11,i i, 11!.it u�l:"tea ;,}�:li j=l:;i f l: +rlpi f( Restricted Delivery 2 Article Number(t i ::- iiiiii i' r!)�rr rltr ip[�( f � If Cl tt ti ICCI �ljrl 11i _ _ �:i3rlir• 1W � l�li ,ll!!i !! 11�� I 1 _ 7020 24AGlllAM,14I _ Domestic Return Receipt co • A. Signature [3 Agent ■ Complete items 1,2,and 3. �S [03ddr ssee X ■ Print your name and address on the reverse C D elivery B. ec ed b Pfint Nam e) so that we can return the card to you. f/ ■ Attach this card to the back Ofsthe mailpiece, is delivery address different from item 1 0 es or on the front if space p delivery address below: E3No 1nA rticle Addressed to: if YES,enter Y— LS C✓ r//`J'�`/' Vel �l�ozZ45 , El Priority Mail Express® 3. Service Type Q Registered MaitT" ❑Adult Signature Q Registered Mail Restricte ❑ IIIIIIIII Iillllllllllllll Adult Signature Restricted Delivery Return III�III I IIII IIIIIIII ❑Certified M37110Reurn lO ❑ Receipt for E]Certified Mail Restricted Delivery Merchandise C]Collect on Delivery ❑Signature ConfirmationTM Collect on Delivery Restricted Delivery ❑Signature Confirmation 9590 9402 6031 006 [3 Collect Insured Mall Restricted Delivery 2. Article Number(transfer from service label) _ •-i1 Restricted Delivery 6024 Domestic ReturnReceii. 7020 2450 0002 2729 PostalServ!ice TM CERTIFIED MAILRECEIPI o Postal C1 Domestic Mail •nly ® o RECEIPT O M r s Ln Lr) rU Certified Mail Fee cc 01944MULOMT"K L "� c .yU Cerh_fiedMailFee �•,�5 0944 111 Extra Services&Fees(chackbox,add fee goprgyyate) I ru $ - c ❑Retum Receipt(hardcopy) $ f ���I�iJJ - rU ❑ Return Receipt(electronic) $ (( r U Extra Services&Fees(checkbox,add fee q)lrpyote) _ _ 0 ❑Carted Mall Restricted Delve �'g-Postmark i ❑Retum Receipt(hamcopy) $ .IJJLL�I - - S rc O Delivery $ � �� �i 1'_ Fiera rU ❑Return Receipt(electronic) $Tib"r y—P s "'k ❑Adult Signature Required $ \ , ,. 4,,,i-=" 7 El Adult Signature Restricted Delivery$ r���i—. *' °� `r� ❑Certified Mail Restricted Delivery $=�� 1„1(J'I 1 r (� re i p Postage I . pr E ❑AdultSignature Required $ $0.55 r ❑Adult Signature Restricted Delivery$Ln $ �, E3 Postage $0.55 �, Total Postage and VQS 95 1 44 ���_ i��112^[ �, .- $ "- $ 53�2-� > , ; r Total Postage and �e:9 %1/i2o?1 i Q Sent To / ru ru Street------t Niro:,o%P�(7 Af--G�-- - /----------' - O Sent To ' �'✓ d� ----- - -- Street and Apt N�G�, 4 x IVo. rU i cry,§fare;z;P+4• � - ii" ���l ?�� - o ----- L1 i�l. - 1 City State,ZIP+4® /' !> Jam, l •tom D lJ b ■ •stal Service Postal Service Q' Domestic Mail • MD • Only, nj � R i v�i�I r�Y ',Mw� L � E I `" Qi_ ►11' ! 1 1? rU Certified Mail Fee c CerhIr -fied Mail Fee _ $ $3.55 _ 0944 �.� $ $3.55 ��99�0944 Extra Services&Fees(checkbo;add tee p4 ate)- l ��1 rU tetra Services&Fees(check bo;add(eek_ l}t}a ikc� + Lf) �gP(q Ili ❑Return Receipt(hardcopy) $_T L ❑Return Receipt(hardwpy) $ �iJ,6 ® i. s� i �+ u P(electronic) $ $fl: f1 f rU ❑Return Recelpt(electronic) $ , C PostmarkN% rU ❑Return Receipt electronic " '�0 7�, J�— H t E:3 J N Postmazk'', ❑Certified Mall Restricted Delivery _$ —~tC7 ❑Certified Mall Restricted DelNery $ ct r fHere , t O ❑Adult Signature Required $0 ❑Adult Signature Required $ jj .- 0 ❑AdultSignature ResWcted Delivery$❑Adult Signature ResWcted Delivery$ Y"""{ �• V)"p Postage r }_ Postage1.r1 $0.55 �c�� `t j C3 $0.55 ® I Total Posta6.950 ge and Fees c a�/� 11Jf7�172 N Total Postage and Fees tiC 1 611 (l i O Sent To � p Sent Tonj nj / ------ -----{l al L �_-_-_� _ p StreetandApt No.,orP7J90 N. /,g Q Street andApE No.,of P�Boz o-- -"- ---------- f /,p --- --- ---------- Crty, '---- �[/(C7� (( 2t Ut�ITIC --------- Postal Postal Service TM ■ MAIL@ - ■ { CE■ , MA D ■ ■ Domestic Mail Only � Domestic Only 43 =M-IFe C3 prU �jy44 rU Certified Mail Fee U944vc -0 Z�C1 1,•- $ '5+3.55 2Gr(1 (cecox edd fee �,qp to) ?jam a' y. 1 u Extra Services&Fees(check box,addfee data) ❑Return Receipt(hardcopy) $ U.I_I rU ❑Return Receipt(electronic) ❑Return RecerPt(hardcopy) $ / $ $1�.Iifl 11 r Postmark rU Gil my __ Postmark O ❑Certified Mall Restricted Delivery ❑Return Receipt(electronic) �Q O $ G— ist— v❑Adutt Signature Required Here C3 ❑CerNedMall ResWctedDelivery $ E !qui UjCJW'g�"Here $__ r, nr, (• / r:, Q C1 ❑Adutt Signature Restdcted Del.ry$ rte J r,� d J�! / 0 ❑Adult Signature Required $ Ca -�� '� •1 Postage �,.•� �� /',. E]Adult Signature Restricted Delivery$ 4J.�JV, $fLn $ a.55 ° %° Postage N C"J Total Postage and F s ib j fl1 lel 7 � Ln $ g $01.55 LL r a R i � Total Postage and Fees "f�� ru $ '�.95�3`�� l2. �� ru $6.95r�j" Sent To /J, $ ®" ) T� 2�_/ '�S �` I C] Sent To {� r� � Street and (G/�1 ------ -l------- `- -------------------- Apt t lo.,or PO Box IVo. �Q ru 1 - O SVeet and Apt No.,or i'b Box o ------ --------------25---------------- - 3 �-��-- --'------ City,State;Z/P+4® n /' li City$tate;ZlP+4a �% SECTiQN • ■ Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverse X �gd so that we can return the card to you. [I Addressee ■ Attach this card to the back of the mailpiece, B. Receid Printed Name) C.Date 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 �'V4' Ulf, i 3. Service Type ❑Priority Mail Express@ OIIII II II IIIIII III it IIII IIIII III Adult d1:3ult Signature Restricted Delivery Renature 11 g istered MaIlTm Oistered Mail Restricted; Certified Mad@ Delivery 9590 9402 6031 0069 4418 68 ❑ ertifled Mail Restricted Delivery Merchandiselpt for ❑Collect on Delivery 2. Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery ❑Signature ConfirmationTm _ ❑Insured Mail ❑Signature Confirmation ® 7022 2450 +®1+Y�If�,7,�r�11g, {ygil„�I�„ 4111MITIl�9lIVPffill'illi+RestrictedDei(very I - Domestic Return Receipt ® • • ON DELIVERY i ■ Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverse ElAgent so that we can return the card to you. [3 Addressee ■ Attach this card to the back of the mailpiece, B. Received by(Printed Na e) C. Date of Delivery or on the front if space permits. rG` 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes If YES,enter delivery address below: ❑No 14, 40ivalo"`cls - I3. Service Type ❑Priority Mail Express@ II I IIIIII IIII III I I i I I II IIIIII III I I II I IIII I I III Adult11 ❑ dult Signature Restricted Delivery ❑Registered Mail Restricted Certified Mad@ Delivery 9590 9403 0693 5196 2181 62 ❑ ertified Mad Restricted Delivery ❑Return Receipt for El Collect on Delivery ❑Collect on Delivery Restricted Delivery ❑Signature ConfirmationTM 2. Article Number(Transfer from service label) ❑Insured Mad Cl Signature Confirmation estricted Delivery Restricted Delivery 7020 2450 0002 2729 5034 1 PS - Domestic Return Receipt ; • ® COMPLETE,THIS SE45TIQN• s ■ Complete items 1,2,and 3. A. Signature / ■ Print your name and address on the reverse X LJ[�' `� 6?e)� Agent so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, B. Recr�v—ed gy 'rinte,�v e) C. ate of elivery r or on the front if space permits. ALJ I� / 1. Article Addressed to: D. Is delivery address different from Item 1? ❑Yes If YES,enter delivery address below: b-Wo /d9W 3. Service Type __ 11Priority Mail Express@ IIIIII IIII III I I I I I II IIII II III I I II II II II I III ❑Adult Signatu e Restricted Delivery ❑Registe ed MMaFm all Restricted 9590 9403 0693 5196 2181 55 ertified Mail@ Delivery Certified Mad Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise 2. Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery ❑Signature Confirmationw ❑Insured Mad ❑Signature Confirmation 7 0 2 0 ' 2 45 0 ' 0 0 0 2 2 7 2 9 ' '514 0 it Restricted Delivery Restricted Delivery - a Postal U.S. Postal Service"- CERTIFIED o RECEIPT CERTIFIED MAILP RECEIPT I .n 1 Domestic ti Domestic Mail Only C3 Ln r�- p '_ `n Soul L E `n Sou lF 11 A �I 8 ;ti certified Mail Fee rrU Certified Mail Fee 3.�� 01944 N $ $3.55 11944 4 T" $ 20 % � W Extra Services&Fees(checkbox,add fee p - te) L� R1 Extra Services&Fees(check box add lee ate) ElReturnReceipt(hardcopy) $ m Receipt(hardcopy)- $ �tl 1-fl�,l IU El (electronic) $ Np�OStmB [I RetuI rl l ❑Return Receipt(electronic) $ Postmark C7 ❑Certrfied Mail Restricted Delivery $ at0• C7 ❑Certdied Mail Restricted Delivery $ R �C�— . Here O E]Adult Signature Required $ M ❑Adult Signature Required $ C7 ❑Adult Signature Restricted Delivery$ 0 ^.. ❑Adult Signature Restricted Delivery$ ��ra���_�� v�y.• Postage Postage !�.j �J \/2;0 � � $1 .55 I,t-j� I , g $C�.55 d�'f �' .� �- $ X1/11%21121 i Ln $ a 91/11/ 021 Total Postage and Fees \ ✓ �" Total Postage and Fees c• ru $ $6.95 �����/ C�� IU $ .95 `l"h- r �r j Q Sent To Sent To ®ri.� n <C I NO ([L' l�tl__9 4 �-_ Stieei andApG No•.o-_TC7[�S Q� V1, � - NO SYiee[andApt rPOe N: c r; r i/ --- �Q -- ------ r`- ___--- - _ YI cry ware,zrP+d� - --- 56y stare,zrP+a® i D U l o��f 0 7' r, See Obverse"for-Instructions :rr r r, ,rr• '�pril 2015 Postal Postal .�' Domestic I S .• - Er r ErU For delivery information,visit our website at ) m "' Ln Br06`J1 1� S . Er 7ardcopy) �y�Y�1 � A L nj Certified Mail Fee ee U944 I U Certified M1 $ $3.ti�_r 201 r�- $3.55 4944 r u Extra Services&Fees(check box,add fee�s 40.IoOdate) (U ees(checkbo;add fee s ata) ZO ❑Return Receipt(hardcopy) $ 11 llJJ,,ll�t--- - eumeceipt(h $ 1 IU ❑Return Receipt(electronic) $ prJ.U'r ^��m Postmark Q ❑Return Receipt(electronic) $ 00 Postmark C7 ❑Certified Mall Restricted Delivery $ (Kn rll-I ` t '� yere ❑ Certified Mall Restricted Delivery $ A��LI Here C7 []Adult Signature Required $ $(J T1�Q v"'•'��.,.Go a„ ❑Adult Signature Required $ `,$ []Adult Signature Restricted Delivery$ ��'� h []Adult Signature Restricted Delivery$ $0.06V sem' 1-3 Postage $ 1.55 �tCA �Q��^6 J `o Postage $t1.5 / r`f Ln $ - ��r /211 1 Total Postage and Fees 2 s 2 ru Total Postage and$$ 95 �3 ✓_ ** ni $ $$■9�5J 5 i r11/11/. 121 $ Ip Sent To 4 - Sent To /� /! e � M R1 p Street and A t.No.,or PD Box M1 street and t No.,or Pd Box IVo: - O -- -- --Y-- I - dity State;EMP-4 O --------^----- City State,ZIP+4® � I :rr r rr rrr• :rr r •r , i TM ■ • ■ • CCERTIFIE 11 . MA Q - ■ ■ ., MAIL@ R5- OPT: T Domestic . Only • ' ' • E3 • .- , Ln t Ln Soul1p. stol�BrooY71]`% L S Certified Mail Feeru a N Certified Mail Fee $3.5,1 2U r- $ $3.5.r 11944 $ .85 rU Extra Services&Fees(chsckbox,adores oe ", Zf_I EMra Services&Fees(checkbox add fee ate) ❑Return Receipt ardco P dare) r 39 e�s� ru a P m PY) $ 1 11 1 ❑ Return Receipt(hardcopy) $ r u ❑Retum Recelpt(electronic) $ ) �2 rlI ❑RetumReceipt(electronic) $ �' n�P,ostmark p � �� P Postmark ` X�11Y Here ❑Certified Mail Restricted Delivery $ n(� , f _ C7 ❑Certified Mail Restricted Delivery $ •'? C3 ❑Adult Signature Required $ $ '`-Vq1 ��O Here C7 ❑Adult Signature Required $ iw•111 I ��' : ❑Adult Signature Restricted Delivery$ J''J11 ��1� I f•� C3 ❑Adult Signature Restricted Delivery$ ! �j ( C7 Postage y Postage Ln $0.55 Ln �� v�� >`•+ C3 $ $173.5-5 1�1/{ ?17121 t �- Total Postage and Fees ,v�� ��1J1411/2021 Total Postage and F $.95 r i Y n , ru $ $6.95 fief,d•C.� �]®d ru $ J J p Sent To ✓.� 0 Sent To r Rt I I feet an p ` lT� �/�, �� OSI Rl _ -- _, �i!!�.. 1_._ _ - - - O sr dA r.No..��sox rVol ' n SVeet andAp�o.,orPO Bo o. --- ^--------------------- ru --------- 12 - 325 lge ?� I'` �j r- - City,State,ZIP+ �! �JUL l G City Sfafe,ZIP+4® ,moo l� " tU Y ll Y ,• :rr r rr r•r•r. COMPLETE THIS S SENDER- COMPLETE THIS SECTION ECTI DELIVERY ■ Complete items 1,2,and 3. A. Signature ! ■ Print your name and address on the reverse X 2EF❑Agent j so that we can return the card to you. 'Addressee , ■ Attach this card to the back of the mailpiece, B. Received b (Prince a e) C. Date of Delivery or on the front if space permits. L `J 1. Article Addressed to: D. Is delivery address different from item 17 ❑Yes If YES,enter delivery address below: ❑No (( ICA leq�bt 3. Service Type ❑Priority Mail Express@ ❑Adult Signature ❑Registered MaIITM II I IIIIII Illi III I IIIIII III li i I III II IIIIII I III ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted; f ❑Certified Mail® Delivery l ! ❑Certified Mail Restricted Delivery ❑Return Receipt for 9590 9402 6031 0069 4416 91 ❑Collect on Delivery Merchandise 2. Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery [3Signature ConfirmationTM ❑Insured Mad ❑Signature Confirmation i ❑Insuraf Mail Restricted Delivery t Restricted Delivery P; 7020 2450 0002 2729 5553 . DELIVERY, COMPLETE 1 gn ■ Complete items 1,2,and 3. e . gent ■ Print your name and address on the reverse X ddressee so that we can return the card to you. c e y ri tej`Gme) '� C G '�nDelivery 1 ■ Attach this card to the back of the mailpiece, rc _ or on the front if space permits. ; 1. Article Addressed to'. D. Is deliverya�d n rom item17 ❑Yes If YES,.e terv'�e below: ❑No 3. Service Type E]priority Mail Express@ ❑Adult Signature ❑Registered Mail' II I llill�Illi III I HIM III 11111111111111111111 ❑ dult Signature Restricted Delivery ❑Registered Mail Restricted Certified Mati® Delivery ` Certified Mall Restricted Delivery 13ReturnReceipt far J S ❑Collect on Delivery Merchandise 0 ❑Collect on Delivery Restricted Delivery ❑Signature ConfirmationTM' 2. Article Number(Transfer from service label) ❑Insured Mad ❑Restricted Delivery Signatut Confirmation 7 - I-"( 7020 2 4 5 0 0002 Restricte 27 2 9 5 3 9d Delivery Restri1 3 Domestic Return Receipt t P -- SECTIONON DELIVERY SENDER: N COMPLETE THIS COMPLETE • . Signat • • i ■ Complete items 1,2,and 3. AAgent t� ■ Print your name and address on the reverse X Addressee so that we can return the card to you. � B. Rec wed y(Pri ted Name) C. Da of elivery ■ Attach this card to the back of the mailpiece, 1/ if or on the front if space permits. Yes 1. Article Addressed to: D. I delis ent om item 1 If Y e'ra,very a below: ❑No CIO ®dN1'� 3. Service Type ❑Priority Mail Expresse ❑AdultSignature [IRegistered MaiITM ` IIIIIIIII ❑Adult Signature Restricted Delivery 11Deel�ivetreyredMall Restricted , Certified Mad@ ❑Return Receipt for 1U Ilililllll(IIIIII I IIIIIIIIIII I III Certified Mail Restricted Delivery Merchandise 9590 9402 6031 0069 4419 12 ❑Collect an Delivery ❑Si nature ConfirtnationTM [i Collect on Delivery Restricted Delivery 2. Article.Number(Transfer from service label) ❑Insured Mail ❑Signature Confirmation - ^'—"`ul Restricted Delivery Restricted Delivery 7020 2450 0002 2729 5379 Domestic Return Receip' i I •. • fist " .D r` LrI SouW� '= �qq Gr �° v�� 1� o- t lye L U Certified Mad Fee IT' $ � 55 11944 f1_I Certified Mail Fee 0944 .,. "b Oc '?('I � �� lam- $ $36.55 pc �r� tl l Extra Services&Fees(check box edd fee p PPate) El Return Receipt(hardcopy) $ rU Extra Services&Fees(check box,add lee pl nrlate) i 11, tJ ❑Return Receipt(hardcopy) $Ele -1rI' O E]Certified Mail Restricted Delivery $Return Receipt(electronic) $ $.0 V0 Postmark rU El Return Receipt(electronic) $ -Rte 0�iU� Postmark P�a � Here 0 E]Certified Mal Restricted Delivery $ $(4. 7 ,-"` �Helq O []Adult Signature Required $ Adult Signature Restricted Delivery$ r'f u O E]Adult Signature Required $ r-3 ❑ _u a O Postage ia�l(� ❑Adult Signature Restricted Delivery$ •�J ®� rl U7 $ I •55 �( Postage �_ c /,j Ln $0.55 Gz� 1 it Total Postage and Fees y i9 9 X11' 1pf?U 1 Total Postage and Fees 95 Sent To IL / � —c v V� O Sent To X. --------- ---------------- ------------- m Street andApt. o.,or PO box lVo - - O Street andAp�No,o�PC7 x No. - ------ Flo Cdy,State,ZIP+4® r� City,State,ZIP+4® Welel ,yLf :.. r .. ...•i �� :.e•w i . .ii•i � i dNm4 ,b� 61"1 C3 r,r g,-11 til+ 9 ^t*t ° - j m 111 tl 5i OF T,#.;,x is .r"_rkpl €3 t� 22 °En 3 !- � -Erv 9 ru Certified Mad Fee r.�� j944 i rU Certified Mall Fee ee I-- $ c _ _ 2_i i r- $3.55 0944 nJ Extra Services&Fees(check box,add fee ppffts) x ` I ni Extra Services&Fees(check box,add fee aep ate) 20 ❑ Return Receipt(hariicopy) $ �t•)�-1�1f'� F' ),'T! !/ - ❑Retum Receipt(hard-Py) flit ❑Return Receipt(electronic) $ $i] ,••• y. ��FPostmark ❑Return Receipt(electronic) $ ,^-�r $ I FJl1 _ Postmark E]Certified Mall Restricted Delivery $ C_JW— >� 1 Here�'"*� 0 ❑Certified Mail Restricted Delivery $ s�`iHere 4 Fe. Q []Adult signature Required $. ��� f5-/ tl1y C []Adult Signature Required $ Fr— y ❑Adult Signature Restricted Delivery$ 9h ,\'�1' [I Adult Signature Restricted Delivery$ ��°'1=' f'N' N r� Postage c H O Postagek$ll,tirr} cc p "g nn�� $ f_1� 11/202V 611 $ �'iil•tii_i ; ®��• „�t,\V` �• Total Postage and Fees �' ' Total Postage and Fees r f,J�1 f 71 2-I \e VV``'' ru $ $6.95.4. 0- = ; r $ $6.95 O Sent To S�f e IO Sent To ru �= -= --------------r O Street and ApL No.,or PO Box N � � -- p Street and Apt No,or O�-- -,✓ � r- --------- --- r- City,State,ZIP+4® ` CUry S7afe,ZIP+4®---P l ��v """" "" 6�t-( e o Let (v (( S M tr1ui L^ Grenrt�t r2Y 1 �?4� Grrivtit� r€= Y t #=9t rr- tr Certified Mad Fee fU CertSed Mad Fee 1 UU Is r $ $3.55 r oc 1-1944rt � $ $:,.55 0944 r)-1 Extra Services&Fees(check6ox add/ee ate) 20 Extra Services&Fees(checkboX add fee ? ❑Return Receipt(hardcopy) $ t ✓"�z_f i.' ❑Return Receipt(hardcopy) $ tf�A 111 E]Return Receipt(electronic) $ s',r _t ''� ❑Return Receipt(electronic) 40.00 1 RPosimark p ) $_ t I it �•_yR � ❑Certified Mali Restricted Delivery $--$11-14. Here <,t r3 ❑Certified Mail Restricted Delivery $ tk I ('yy f`A✓ ��,?ostmark []Adult Signature Re uired O 'Heret `V/A []Adult Signature Required $ �� O e 9 $_ arr�i ref []Adult Signature Restricted Delivery$ �, V9'` { ❑Adult Signature Restricted Delivery$='yO°„>p _ 1 - O Postage Postage ` $1:1.55 e�� ;; Lr] $ $1.1.55 6t) \ Total Postage and Fees ���+ry1 r1UTotal Postage and Fees ti s ��171 ni $ .95 Jjs oils` $ $6.9c $ CO Sent To O Sent To nj C--iity-e-,-S--ta--te-,-A-Z-l-Pf-+--4-®--- -O---�--�----!--'--- O -----------------, -- x------ EM aAW.N. S # _____________ itytate :.. r . .r.-•-.----- CZ-lee+4--- -�-f i COMPLETE • IA. gent ■ Complete items 1,2,and 3. Sign re■ Print your name and address on the reverse �Addressee so that we can return the card to you. ■ Attach this card to the back of the mailpiece, d bk#RjAnted Name) C. Date of Delivery j or on the front if space permits. 1. Article Addressed to: D. Is deliveryadd " c�i f� Item 1? es If YES,ente es'I a w: ❑No 111 �a 13 11 3. Service Type _ —"❑Priority Mail Express® ❑Adult Signature ❑Registered MailT" i fl IIIIII lll� II I IIIIII 111 �l I I lid��I II I I II Ill ❑Adult Signature Restricted Delivery ElRegistered Mail Restricted Certified Mail® Delivery Certified Mail Restricted Delivery ❑Return Receipt for 9590 9402 6031 0069 4416 22 ❑Collect on Delivery Merchandise { ❑Collect on Delivery Restricted Delivery ❑Signature ConfirmationTm 2. Article Number(Transfer from service labeo ❑Insured Mail ❑Signature Confirmation I Restricted Delivery Restricted Delivery ?020 2450 0002 2 7 2 9 5 6 6 9 - Domestic Return Receipt ri"ars`� ,�s• •.{?y.�Yt� "'+"dot «we4.f';R i SENDER: COMPLETETHIS SECTION SECTION ON DELIVERY ■ Complete items 1,2,and 3. A.'Signature - t ■ Print your name and address on the reverse X r I V'+ ' gent I so that we can return the card to you. 13 Addressee f ■ Attach this card to the back of the mailp iece B• Recelve b_y(PHntedrNa e) C. Date of Delivery or on the front if space permits. �� 2 rL j 1. A cle Addressed to- D. Is delivery address different from item 11 ❑Yes If YES,enter delivery address below: ❑No l 6 fir. I , 3. Service Type ❑Priority Mail Express® II i 111111 illi III 1111111 ell I II III 1!1111 III III 13 Adult Signature ❑Registered Mall- re❑Adult Signature Restricted Delivery ❑Registered Mail Restricted ❑Certified Made Delivery 9590 9402 6031 0069 4417 90 ❑Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise f 2. Article Number(Transfer,from service label) 1:1 Collect on Delivery Restricted Delivery 1:1Signature ConfirmatlonTM y ' 11 Insured Mail:: t .-- -—1 4 ❑Signature-Confirmation l I Restdcteii belivery 't Restricted Delivery P ?0202450 -0002 `2729" 565.2'-_ -- y SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3. A. signature P ■ Print your name and address on the reverse0 Age so that we can return the card to you. X ❑Addressee ■ Attach,this card to the back of the mailplece, B. Received by(Printed Name) C.Date of Delivery or on the front if space permits. i 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes If YES,enter delivery address below: ❑No r3. Service Type ❑Priority Mail Express® I ❑Adult Signature ❑Registered mail- 11 Adult Signature Restricted Delivery ail-❑AdultSignatureRestrictedDelivery ❑Registered Mall Restricted ❑Certified Maile Delivery 9590 9402 6031 0069 4445 31 ❑Certified Mail Restricted Delivery C3Retum Receipt for ❑Collect on Delivery Merchandise 2. Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery ❑Signature ConfinnationTm ❑Insured_Mail ❑Signature Confirmation 7020 2450 0002 2729 5737 1 Restricted Delivery Restricted Delivery Domestic Return Recelpi i I Postal CERTIFIED MAIV RECEIPT' � Domestic Mail Only YT r=1 "' B�tlf`r�'a�"�� � 1 1�t. + � PYF 9 A L U S E Certified Mall Fee fU $3.55 -094"4-_ rU Extra Services&Fees(check box,add fee ❑Return Receipt(hardcopy) $ " rU ❑Return Receipt(electronic) $ $i 1.111 P..%,k rk \\\ ❑Certified Mail Restricted Delivery $ jEi v�{(•( Heli 1qqy ' C:3 E]Adult Signature Required $ .rTrJ.Cr— :f r-3 []Adult Signature Restricted Delivery$ Postage $0.55 L- Total Postage and Fegs 01/11/2i 121 ru $ X6.95 O Sent To _1 Street and Apt tTo..�F �sC&- l�!�t- 1`�--1_----^�`•--- �- --------------------------------------- '- �--2` --------------------- r Cdy,State,ZIP+4® / 7 1 :rr r rr •r ( i Postal CERTIFIED © ■ ■ O Doirnbstic Mail Only O O o t i� Yau it s � b3f�4 Er � e 7 kA L U � ru Certified Mall Fee $3.55 1944 r- $ V7 C. rU E tra Services&Fees(checkbay add fee l I aft - 20 El Return Receipt(hardcopy) $ rU ❑Return Receipt(electronic) $ 1 •fir], 0 OO ❑Certifled Mall Restricted Delivery $ Her F" j O ❑Adult Signature Required $ / []Adult Signature Restricted Delivery Postage $0.55 d � i►1 . Total Postage and<gFa /12/�9c ru $ �O r O Sent To ru r f%. � 1�rrJr�7(GGl O oM,lle - - 7-- -Ctty,SlaeZIP+4 �tn11 !t-- �( �o ■o O ■ ■ to ®. Only ul C3 Nur V 9p%7n %IF Uiy I Er Certified Mail Fee $3.55 r- $ rU Extra Services&Fees(check box,add feetF.pT te) ®p s0 y ❑Return Receipt(hardwpy) $ �' rU ❑Return Receipt(electronic) $ fl If Postma Q ❑Certified Mail Restricted Delivery $ t Here / OE]AdultSignature Required $ . AN 12�O` J/ Adult Signature Restricted Delivery$ O Postagerc (g $ $11.55 = Total Postage andru F$egs 95 M Sent To --- 9iQ � /. -------- M - MStreesand-A--t-No,UiVOBoxNo. — ---------- r- -------tt /t62_ r7/li,�Cclil— --------------------------- -- __8 State,ZIP+4° .� : j ✓ / :rr r r r r.r 7 COMPLETE 11 A. Signature and 3. ■ Complete items 1,2, [3 Agent ■ Print your name and address on the reverse X [3,Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery d i ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. D. Is delivery address different from item 1?, C]Yes Article Addressed to: If YES,enter delivery, below: 13No 3. Service Type [I Priority Mail Express® ! EI Adult Signature ❑Registered Mail*r" IIIIIIIII illi IIIIIIIiII I��IIiI I VIII II II i�t Ili El Adult Signature Restricted Delivery ❑Do very Mail Restricted ❑Certified Mail® ❑Reletu�vm Receipt for [3 Certified Mail Restricted Delivery Merchandise 9590 9402 6031 0069'4445 55 ❑Collect on Delivery ❑Signature ConfirnationI r 1:3 Collect on Delivery Restricted Delivery [3 Sl Confirmation f2.Article Number(transfer from be, label) ❑Insured Mail Restricted Delivery 50_insured Mali Restricted Delivery 7020 2450 0002 2729 5 7 2 6 i Domestic Return Receipt • � � • � '„n/A 1. A. Signa ure C>� Agent � r ■ Complete items 1,2,and 3. `the reverse ❑Addressee 4 ■ Print your name and address on rinte ame) C. Date of Delivery so that we can return the card to you. g o ived by l G: ■ Attach this card to the back of the mailpiece, 13 Yes or on the front if space permits. different from item 1? We ad ss,V�elo1 Nj� 1. Article Addressed to: �n j yI- S,e r 0 a 1411,2 2 2021 i tUL4*IL ` 1 ❑Prionty Mail Express® i 3. Service ype ❑Registered Malli'm ❑Adult Signature ❑Registered Mail Restricted III�IIIIIIIIIIIIIIIIII�III�IIIIIIIIIIIIIII ❑Adulified atureReatricted dDDiveryy Delivery ❑Certified Mail® ❑Return Merchandise Receipt for ❑Certified Maul Restricted Delivery Merchandise ! ❑Collect on Delivery ❑Signature ConfirmationT" I 9590 9402 6031 0069 4416 46 p Collect on Delivery Restricted Delivery ❑Signature Confirmation ❑Insured Mail Restricted Delivery 2. Article Number(Transfer from service label t y t i ¢ 'Q� � 7 9 Domestic Return Receipt 7020 2450 C PE a e ! t 4 ON DELIVERY ignatWe ❑Agent ■ Complete items 1,2,and 3. X E3 addressee ■ Print your name and address on the reverse printed ame C.Date of Delivery so that we can return the card to you. B. eceived by ■ Attach this card to the back of the mailpiece, ✓10 Yes I or on the front if space permits. D. Is delivery address different from ite 1? O No 1. Article Addressed to: _ if YES,enter delivery ad��� �� JAN 13 2021 i t "�v `� ( 3. Service Type °�,9 r o Prred Mss® e"J ❑Adult Signature iste Illllillolllllllllllllllllll III�I�I Registered MailRestricted;l IIIVII I I� ❑Certified Signature Restricted Dei g_ Delivery ❑Certified MailO ❑Return Receipt for ❑Certified Mail Restricted Delivery Merchandise 9590 9402 6031 0069 4416 77 [3 Collect on Delivery Signature ConfirnationT^" ❑Collect on Delivery Restricted Delivery ❑Signature Confirmation ransfer from service label) ❑Insured Mail i ' , ,Restricted Delivery 2. Article Number(T y _ "ad Restricted Delive`I i 7020 2450 0002 2729 .55 91 Domestic Return Receipt USES_TRACKING# TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK AFFIDAVIT OF In the Matter of the Application of: - POSTING C3,T-e Ski CuyAmv ` ' czj�--�- [--:7- SCTM No. 1000- (Name of Applicants) (Section, Block&Lot) r COUNTY OF SUFFOLK STATE OF NEW YORK residing at r ,New York, being duly sworn, depose and say that: I am the ( ) Owner or Agent for owner of the subject property On the 1 -46t day of () , 20 , I personally placed the Town's Official Poster on subject property located at: 2Gesu C�r� eaRttsre- cl) �nd ear lAt QcT� C 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 plac_e1 for seven (7) days prior ,tto,the date of the subject hear' e, which hearing date was shown to be �� 2D2 l (Ow r/Agent ignature) Sworn to before me this 20 Day ofA-10014 Ha T 2( 'IDW6306900 1��� "OtaryT�lic ------- - — MMjSIQN EXPIRES JUNE 0,P-POP, --- - ---- -- -- — * near the entrance or driveway entrance of property, as the area most visible to passerby i� now, • _ - ■ Complete items 1,2 3. A. Signature ! ■ Print your name and address on the reverse X 17 Agent ' so that we can return the card to you. ddressee ■ Attach this card to the back of the mailpiece, B. Recei e0 (Printed Name) C. at o Delivery or on the front if space permits. — , u r 1, I 1. Article Addressed to: D. Is delive(y address different from item 1 ❑ es + If YES,enter delivery address below: ❑No i J'�- 3. Service Type ❑Priority Mad Express@ ❑ 11 Registered MadTm II 1111 I III 111111111111111111 IIIIIIIIIIIIIIII Adult Signature Ilillll III °Adult Signature Restricted Delivery ❑Registered Mail Restricted: Cerhfied Mail(R) Delivery 9590 9402 6031 0069 44 8 99 ❑ColltectonADelall RerylctedDellvery °Merchandse tfor 2. Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery ❑Signature ConfirmationTM __ _ _@_Insured Mail ❑Signature Confirmation 7020 2450 0002 2729 6079 I Restricted Delivery Restricted Delivery P� 7 - Domestic Return Receipt , s - , •114PLETE THIS§E.CTlOk.. COMPLETE, • . DELIVER ■ Complete items 1,2,and 3. A. Signa re ■ Print your name and address on the reverse X [3 Agent so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Delivery j or on the front if space permits. i 1. Article Addressed to: D, Is delivery address different from item l7 ❑Yes' I If YES,enter delivery address below: ❑No t 3. Service Type ❑Priority Mail Express@ j II I DIII�I III I I VIII III I I I I III l Ql 11 11 l l 111 istered MailTm ❑Adult Signature Restricted Delivery ❑Renature U gistered ed Mail Restricted) ( ertified Mall@ Delivery ❑ ertlfied Mail Restricted Delivery ❑Return Receipt for 9590 9402 6031 0069 4420 01 ❑Collect on Delivery Merchandise 2. Article Number(!Transfer from service label) ❑Collect on Delivery Restricted Delivery ❑Signature Confirmation 5 _ ❑Signature Confirmation _ Restricted Delivery Restricted Delivery 7020 2450 0002 2729 5287 i PCkPA � 53 Domestic Return Receipt . 30 02-000-90 1 • • • DELIVERY ® • • ■ Complete items 1,2,and 3. A. signature ❑Agent ■ Print your name and address on the reverse x ❑Addressee sothat we can return the card to you. i ---� B. Received by(Printed Name) C. Date of Delivery ` ■ Attach this card to the back of the mailpiece; i 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 00/Z-Nly�2 ;G1 Or &' [3`3g:"Service Type3` Priority Mail Express@ VIII I I II III III III I�� III II III O Adult Signature �V °De I 7lted dult Signature Restricelive fied ry ❑Registered Mail Restricted CeiUMail(g) Mall Certified Mail'Restricted Dehve ❑Return Receipt for 9590 9402 6031 0069 4410 04 ❑Collect DelivAry`n'I r Merchandise TM ❑Collect on et ry qqe tr jet (very,El Signature Confirmation ❑Insured MadJv ' ' 2. Article Number(Transfer from service,label), 1❑Signature Confirmation ❑Irisured Mad Restricted DeleryivRestricted Delivery (over$500) ' P , Domestic Return Receipt gem 1/25/2021 Gmail-ZBA POSTERSGmail • Frank Uellendahl <frank.uellendahl@gmail.com> ZBA POSTERS Frank Uellendahl < rank.uellendahl@gmail.com> Mon, Jan 25, 2021 at 10:11 AM Draft To: Frank Uellendahl<frank.uellendahl@gmail.com> °aw�'"-$'DRi V#•�.xv _2y'4�.� ,;m'...."£�:" � V 3' `baby Was.va #T°t'°�1`^'•b14+' v� 2rtLmNr,�- �t'" y,i �f=XSP3�>blxs VN V Ms.ef_c"v�a y wpb.�bK°W 1rc �r�rsavMw.�.sRa.'Ne,may, .�1 (MAT_EC0DE 1.01_ COMPLETESECTION. • 0 • 1 ■ Complete items 1,2,and 3. A. gnatur ■ Print your name and address on the reverse 13 Agent so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailplece, eceived by(Printed Name) C ate4 Delivery or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? 13s if YES,enter delivery address below: ®No 32 5 7l' e& II 1111111 LIII Ifl I I I I I II III II II II III III II li III 3. Service Type El❑Registered Mad Express® ❑Adult Signature Registered MaiIT"� ❑Adult Signature Restricted Delivery ❑Re.9istered Mail Restricted grCertified Mail® Delivery 9590 9403 0769 5196 1330 54 ❑Certified Mail Restricted Delivery ❑ReturnReceipt for ❑Collect on Delivery Merchandise 2. Article Number(fransfer from service label) ❑Collect on Delivery Restricted Delivery ❑Signature ConfirmationT _ ._ _- . ❑Insured Mad ❑Signature Confirmation 7020 2450 0002 2729 5768 Restricted Delivery Restricted Delivery https,Hmail.google.com/mail/u/O?ik=7d673c7175&v, p D-02-o0D-9053 i3 � ° _ Domestic Return Receipt 4, t - 1 e IS NOME OF fiEARING Th. P I nye Ct 1.�}�4il bil h—Il4 he ill,S-11-11 T�wi k s,kxx<.ix U'Ifi SaOM Y1Mti`0.R-ktiY7i TO 7.11.5 ~ a Va ulirc l cft AI.LNDA a http;southpidtownny.goy NAME; CHLLZ'Y$HORESCOM?,s?SZARh,_CHARLES VARmuCC,INCREASE IN NON-CONFORMITY t � _ e ftES7UL:il": AO CETtGkNS h ALfiEFtkTiOa+€S TO ^"s?_ASUNFL COTTAGE DATE; THURSDAY, t E:13,.1,2021 10;40 AM `4 - t> a 44, esti e n r e �. r � 7vs k i• d- 4 w'•-e �a i "','g -may y.wuiR�Vd'' �,.'e«h ".ai +j{, , a 1_ i fir. tq w 7 w .' eta �yiti `vy .� BOARD MEMBERS -' rjF SSouthold Town Hall OU Leslie Kanes Weisman,Chairperson h0�� riyOlO 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes ae Town Annex/First Floor, Robert Lehnert,Jr. • �O� 54375 Main Road(at Youngs Avenue) Nicholas PlanamentoCOU Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF'SOUTROLDECEIVED Tel.(631)765-1809•Fax(631)765-9064 . NOV 2020 Sout old Town December 15, 2020 Planning Board Mark Terry, Principal Planner LW" Coordinator Planning Board Office Town of Southold Town Hall Annex Southold,NY 11971 Re: ZBA File Ref.No. # 7462 Dear Mark: We have received an 'application for additions and alterations to an, existing seasonal,- cottage. easonal,-cottage. A copy of, the Building Inspector's Notice of Disapproval under Chapter,280 (Zoning Code), and survey map,.project description form, are atfached;foryour reference. . Your written evaluation with recommendations,for this-proposal, as.required under the Code procedures of LWRP Section 268-51) is requested within 30 days ofr''eceipt of this letter. Thank you. Very truly yours; Leslie K. Weisman ChaiI- n By: Encls Survey/Site Plan Frank Uellendahl RA Dated : 8/17/2020 BOARD MEMBERS � (J Southold Town Hall Leslie Kanes Weisman,Chairperson ®00F $® r�✓®l 53095 Main Road•P.O.Box 1179 ® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Mr aw Ila Town Annex/First Floor, Robert Lehnert,Jr. • 54375 Main Road(at Youngs Avenue) Nicholas Planamento ®��C®uff ,l Southold,NY 11971 http://southoldtowiiny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD December 15, 2020 Tel.(631)765-1809•Fax(631) 765-9064 Ms. Sarah Lansdale, Director \� Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Ms. Lansdale: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File : # 7462 Owner/Applicant : Breezy Shores Comm. Cottage #17 Szarka Action Requested : Additions and alterations to existing seasonal cottage. Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town Within one (1) mile (5,280 feet) of: ( ) Boundary of any airport If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA Chairperson By: al&vfl(t� Encls. Survey Site Plan - Frank Uellendahl RA Dated . 8/17/2020 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ��OF SO(/jyO 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes U, Town Annex/First Floor, Robert Lehnert,Jr. • _ �O� 54375 Main Road(at Youngs Avenue) Nicholas Planamento �l f%oO 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.O. Box 316 Greenport,NY 11944 Re: ZBA Application#7462, Szarka Breezy Shores Cottage#17, Greenport SCTM No. 100053-5-12.6 Dear Mr. Uellendahl; Transmitted for your records is a copy of the Board's February 24,202 1,Findings, Deliberations and Determination,the original of which was filed with the Town Clerk regarding the above variance application. Before commencing any construction activities,-a building permit is necessary, Please be sure to submit an application along with,a copy of the attached determination to the Building Department. If you have any questions,please don't hesitate to contact our office. Sincerely, Kim E. Fuentes Board Assistant Encl. cc: Building Dept. a ,''' ,u c°urm ae s„ewut I••�, _`;., �. ' �'� � ,)a - �� °°' ��;Q 57.1- 3q•'f • r . ,O .: �., o.- ��ma•i�►i�j,�: 53-'Fr�y49 b —12 / �.n `\Q ¢o mb��'"3r•1 2 ,e x � so�im,a°En Aly c�„(�,•�� �7=5 '1 Lf Lf 1'-'l J��• Z L�J ' L•'L{1 PSK ... 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