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HomeMy WebLinkAbout7501 Mow', was40 75(�I I all�'e, ;,as Au;1-Vlow " (\Yf I11 ,5ec i� Ay"r 'o-1s hr' s d►1 E/�C�c�� cv/e�-Zi CE,c-60jn,61,c-)E'B l -a �+- a y�Q 7- /l 5'cG o2�fi'a/o G9� l � X�3 C y e ?,z g .'As � P4 2Y A 1c �� �►- �JS� �oC,MeA p44 � - � C,077, . Owner: Pfanner, Andreas File #: 7501 Address: 2725 Harbor Ln 1aU1� Coder 13ED � Agent Info � Mike Kimack P.O. Box 1047 Southold, NY 11971 . r Phone: 516-658-6807 Fax: Email: mkimack2@verizonZnet L-ty5- N P SlIz� -- �( � jz ► BOARD MEMBERS 0 S®(/ Southold Town Hall Leslie Kanes Weisman,Chairperson ®�� �/y®� 53095 Main Road•P.O. Box 1179 Patricia Acampora ® Southold,NY 11971-0959 Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. ® �Q 54375 Main Road(at Youngs Avenue) Nicholas Planamento ®lyCOU NTY,� Southold,NY l 1971 http://southoldtownny.gov ECEIVED ZONING BOARD OF APPEALS (9 11.56/4A4 TOWN OF SOUTHOLD . J U L 2 0_20ZI- Tel.(631)765-1809•Fax(631)765-9064 Southold Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 15,2021 ZBA FILE: #7501 NAME OF APPLICANT: Andreas Pfanner PROPERTY LOCATION: 2725 Harbor Lane, Cutchogue,NY SCTM# 1000-136-1-24.2 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 H 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 April 12,2021 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The subject property is a conforming 51,335.9 sq. ft. parcel located in a R- 40 Zoning District. The property measures 482.36 feet along the westerly property lines that runs adjacent to Harbor Lane, a total of 250.00 feet along two Northerly property lines, runs 317.35 feet along the Southerly property lines, and 335.20 feet along the Easterly property lines. The property is improved with a one story single family dwelling with a 32.3 feet by 22 feet detached garage, a 26.3 feet by 24.2 feet one story frame garage, on the portion of the property facing Harbor Lane, a 33.5 feet by 22.4 feet concrete slab,two 10 feet by 8 feet frame storage sheds on the North East side of the property,two wood sheds on the Southeast side of the property, and an"as-built" 12 feet by 8 feet shed on the Southeast side of the property. All is shown on a survey by Kenneth M. Woychuck L.L.S. last revised January 29, 2021. BASIS OF APPLICATION: Request for Variances from Article III, Section 280-15; and the Building Inspector's January 21,2021,Amended February 9,2021 Notice of Disapproval based on an application for a permit to legalize two (2)"as built"existing sheds; at 1)both sheds located in other than the code required rear yard; located at: 2725 Harbor Lane, Cutchogue,NY. SCTM No. 1000-136-1-24.2. The amended Notice of Disapproval states that on February 9, 2021 the need for variances for two sheds (3x9)was removed, as it was revealed that they received variances previously by ZBA variance relief on 6/8/2015 and to add the need for a variance for another "as built" shed that was not on the survey originally submitted with this application. Page 2,July 15,2021 #7501,Kanner SCTM No. 1000-136.-1-24.2 RELIEF REQUESTED: The applicant requests a variance to legalize an "as built" existing shed located in a front yard location where town code requires sheds to be located in a rear yard location. ADDITIONAL INFORMATION: The applicant also submitted a use variance application #7502 to convert the existing accessory garage into a workshop on the first floor and an office on the second floor. The subject building labeled, `one story frame garage' has the benefit of Certificate of Occupancy No. Z9757, dated November 23, 1979 as a"vacant non-habitable building"which was built prior to April 23, 1957. Southold Town Code Section 280-13 limits accessory uses on Residential properties to uses that are limited to being accessory to the principle residential use and being carried out by the occupant of the principal residence. Home offices and home businesses are limited to being part of the principal residence and may not involve any use that is detrimental to the character of the neighborhood. Home offices are not permitted in accessory structures. Manufacturing, fabrication or construction of any type on the site are listed as non-permitted uses. The storage of construction materials for commercial purpose is not permitted by Section 280-13. Following the hearing, on July 7, 2021, pursuant to email communication by the applicant's representative, Use Variance Application#7502 has been withdrawn. At the hearing the applicant's girlfriend testified that the applicant does not reside on the premises. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on July 1,2021 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 &267-b(3)(b)(1). Grant of the variance will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The neighborhood is an older neighborhood in which non- conforming structures are common. The applicant has an oddly shaped lot that has four non-conforming accessory structures and one non-conforming accessory structure under construction. The Accessory shed in a front yard at 12 feet from the front property line on Oak Street is not characteristic of the neighborhood. 2. Town Law§267-b(3)(b)(2). The benefit sought by the applicant can achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant can move the accessory shed to a code conforming location. 3. Town Law&267-b(3)(b)(3). The variance denied herein is mathematically substantial,representing 100%relief from the code. 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 limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. The applicant has previously applied for variances for accessory sheds in non-conforming front yard locations. The applicant was aware of the limitations for the location of accessory structures under Chapter 280 of the Southold Town Zoning Code. Page 3,July 15,2021 #7501,Pfanner SCTM No. 1000-136.-1-24.2 6. Town Law 4267-b. Grant of the requested relief IS NOT the minimum action necessary to enable the applicant to enjoy the benefit of a shed, home office, and workshop 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 Dantes,seconded by Member Planamento,and duly carried, to DENY as applied for, Vote of the Board: Ayes: Members Weisman (Chairperson),Acampora,Dantes,Lehnert, and Planamento(5-0). Leslie Kanes Weisman, Chairperson Approved for filing 7/16 /2021 S.C.T.M.# DISTRICT 1000 SECTION 136 BLOCK I LOT 24.2 N82001 110 11E 125.00 0 w n ERM. X Cn STORAGE ao SHEDS CA 00 C14 OJ aq X to LO CO pq ................................ ............. :F......•......... ........... OD K ............. --g2 g" U-) 5.1' z tV OELL %f ULJ22 Wwz c 0 2 7.3' ........ K Guy ............. :.'36.3':.....:1':;1::::.>.:.:... . ... :H .. . 04 ..................... ...................................... ........................................... CIA ...................................... ................ ............................ ...... ...... . .................... ..................... ......... .............. .......... ............ ....... ...................=........... 1:3.2"'.................... .......... ...................................... ............. .......... ................ 27.V 0 .. ...... . ........ . ......... ... .......... .. ......... LOT 103 LOT 87 :!?';;>;>;;;:>; .. Na'—. 01'1 O"E 125.00, .............. 7-- ......... UON PROPOSED 2NO FLR ADDITION BRICK LOT 102 LOT 88 OFFCE SPACE STOOP 04 (DRY- NO BATH) C14 74.1 ................. MON .................... EnSTONt . CD PARI(ONG AREA L LOT 101 ��A STY. FRJJ:;flj LOT 89 *2�'11,11'11,'11,111111 w ,,END. Loc.Z co ........... CA LOT 100 491110 WOOD SHED�Q LOT 90 EXISTWG • DMRIVEWAY LOT 91 4 ca MON.— S S pe \501 LOT 92 qb vo ................ ............ .......... LAND NIF OF ........ ... .......... ................. ... . ...... ...... ............. SLAIR McBRIDE ................... ...............moo............... & *.. ........ ....... .. ... .. ................... ...... ......... .. ..... ............... .............. .......... O J S THE WATER SUPPLY, WELLS; DRYftUS AND CESSPOOL LOCATIONS SHOWN ARE FROM RELD OBSERVA7701VS AND OR DATA OBTAINED FROU OTHERS AREA: 51,335.9 SQ.FT. or 1.18 ACRES ELEVATION DA 7UM. UNAUTHORIZED AL7ERA770N OR ADD17701V TO 7HIS SURVEY IS A 140LA77ON OF SEC77ON 7209 OF 7HE NEW YORK STATE EDUCA77ON LAW COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYORS EMBOSSED SEAL SHALL NOT BE CONSIDERED 70 BE A VAUD TRUE COPY GUARANTEES INDICATED HEREON SHALL RUN ONLY TO IHE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE 777LE COMPANY, GOVERNMENTAL AGENCY AND LENDING INS777U7701V LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSn7UnaV, GUARANTEES ARE NOT TRANSFERABLE. THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES 70 THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE NOT JN7ENDED 7v hmummr THE PROPERTY LINES OR TO GUIDE THE ERECTION OF FEN= ADD17701VAL STRUCTURES OR AND 07HER IMPROVEMENTS EASEMENTS AND/OR SUBSURFACE STRUCTURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EwDEIvr ON 774E PREMISES AT THE 77ME OF SURVEY SURVEY OF: LOTS 88-92 & 99-110 INCL. CERTIFIED TO: ANDREAS PFANNER; MAP OF: EUGENE HEIGHTS FILED:OCT. 29, 1928 No.856 ADD PROP. GARAGE ADDITION 01-29-21 SITUATED AT. CUTCHOGUE ADD PROP. GARAGE 03-20-18 FND. LOC. 09-30-15 TOWN OF: SOUTHOLD KENNETH M WOYCHUK LAND SURVEYING, PLLC REVISED 04-07-15 SUFFOLK COUNTY, NEW YORK Professional Land Surveying and Design ��� UPDATE SURVEY & LOC. FOUNDATION 02/25/154l� P.O. Box 153 Aquebogue, New York 11931 PHONE (831)298-1588 FAX (631) 298-1588 FILE #21-237-3SCALE: 1=30' DATE: MARCH 6, 2012 N.Y.S. USC. NO. 050882 maintaining the records of Robert J. Hennessy & Kenneth X. Woychuk FRONT DETAIL SIDE DETAIL SCALE;V=3 FEET SCALE;V=3 FEET I APR 0 66001 OL la"L 3611 `021 T T IOU IQ FLOOR \� �4 �1 FLOOR LAYOUT SCALE:T'=3 FEET 3)4"X4 LATERAL SUPPORTS WALL,FLOOR AND ROOF FRAME; 2-XV�4,24"O.C. A 6" Z, FLOOR:5118 PLYWOOD ' ROOF:5 118'PLYWOOD \ EXT.WALL: 5 118 W/SCORED T&G FINISH ANDREAS PFANNER 2725 harbor Lane, Southold, N.Y. 11971 "AS BUILT" EXISTING SHED By Michael A. Kimack Date: April 5, 2021 1 l� COUNTY OF SUFFOLK RECEIVED APR 13 2021 Zoning Board Of Appeal � 5 i31 OFFICE OF THE COUNTY EXECUTIVE Steven Bellone SUFFOLK COUNTY EXECUTIVE Natalie Wright Department of Commissioner Economic Development and Planning April 12, 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 A 14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no'significant county-wide of inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number William&Joellen Ahmuty #7495 Philip Loria* #7498 Petros Tsekouras #7499 Andreas Pfanner #7501 Andreas Pfanner #7502 David Rohde #7503 Stacey& Steven Isaacs (Harvest Inn B&B) #7504SE *Sanitary system should be located landward of the flood zone line Very truly yours, Sarah Lansdale Director of Planning By Christine DeSalvo Theodore R. Klein, Principal Planner TRK/cd Division of Planning&Environment H.LEE DENNISON BLDG ■100 VETERANS MEMORIAL HWY,11th FI 0 P.O.BOX 6100■ HAUPPAUGE,NY 11788-0099■ (631)853-5191 APR 0 2 2421 FORM N'O"3 NOTICE OF DISAPPROVAL DATE: January 21, 2021 AMENDED: February 9, 2021 TO: Michael Kimack(Pfanner) PO Box 1047 Southold,NY 11971 Please take notice that your application dated January 8, 2021 For permit to make alterations to an existing accessory garage (conversion to office/workshop) and legalize an "as built."existing shed at Location of property: 2725 Harbor Lane, Cutcho ug e,NY County Tax Map No. 1000 - Section 136 Block 1 Lot 24.2 Is returned herewith and disapproved on the following grounds: The proposed construction is not permitted pursuant to Article 1I1, Section 280-13 (C). A workshop/office is not a permitted accessory use. Furthermore,there is an "as built" shed (12.3 x 8.3)which is not permitted pursuant to Article III, Section 280-15 which states that such structures must be located in the required rear yard. The "as built" accessory shed is located in the front-yard. This Notice of Disapproval was amended on February 9, 2021 to remove the need for variances for two sheds (3x9) as it was revealed that they received variances previously y the ZBA(6/8/15) and to add the need for a variance for another"as built" shed that was not on the survey originally submitted with this application. .l thorized 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. tPFee:$ Filed By: Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPALS APR 0 2 2021 � AREA VARIANCE J ,� House No. Street Hamlet CUTCH OO&V_�--- SCTM 1000 Section Block ✓ Lot(s) /4.2 Lot SizedAjW, 9 Zone R-4'6 I (WE)APPEAL TH E WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 4Z f' .021flJ.021 BASED ON SURVEY/SITE PLAN DATED OZ, Owner(s): Mailing Address: /fj�'(JJ'�O/✓ .F7"'., 122 Z Telephone:7/R-3g�g&W&ax: - Email:_a1=.c5r4f X.6A l/T. 01,00', L'6'" 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: A. ,Ej�-/A(',L- for flq Owner( )Other: Address: p O. 9_& f!y!�V ZC7LYW 0�a Al V 111970 Telephoners/(-9M- Fax: Email:&&W_A C*-Z 9 /j"/.A0, Please check to specify who you wish correspondence to be mailed to,from the above names: ( )Applicant/Owner(s), ()4 Authorized Representative, ( ) Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED / and DENIED AN APPLICATION DATED Q FOR: Building Permit ( )Certificate of Occupancy ( )Pre-Certificate of Occupancy ( ) Change of Use ( )Permit for As-Built Construction ( ) Other: Provision of the Zoning Ordinance Appealed. (indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: /tl Section: ,�RO 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�4 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# "171 A"65-r> R,!MO C404S r12V-U_ Z, �8 s 9 /��a,Ps p�• N�rz zF ,QNt�,p4s' ��,givN Z,t3•� ?/ 4 Z REASONS FOR APPEAL (Please be specific, additional sheets may be used with reparer's - F. signature notarized): APR 0 2 2021 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a etriment to nearby properties if granted,because: 7VX-AS,ALL7-..'WOW /f L e C/JP•�11� 'Q C0,2it/,E'"iC' 61,0P, y�5,J CTJ�.D "O)v " Y'l 1C l�� GU�ICl :;, 1�. cc v�� Jul n-11 Cx 0� V-r- � / 77,0 eoM! �' 2.The benefit sought by the applicant CANNOT be ablif mfi i io?feasA. for the applicant to pursue, other than an area variance,because:/%/V V,641 C OA117! GU,&77i1W ,4,,W j;V4/5,ea ✓r V.4,8W IDW1&M,,4V,0NS7 75k,f e'L!/l02-eS 4P PaMI-1,05of 4fPJ/,�w�/��(' a �� 0� �Sr/ /G� G4�v � � GMI B ,1 � ��� NoP R�AC7 04L�7-03. aerpu?�lrei /Xqeed notsbstnsialbecau � VZPT. (/ We V'Vowy(25 Ole )z�'o-'leotUT M/ d' IN YVA4T W��/�/ll�l�/rl `1ZrJ�'Y,�. !s D JIM-Ar 124 a r6,7v- 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: C'OlVeZ44 S 17-�!z 01-1 , ,vY Vl1 UAL Off'TVA -ZAR&.6 5.Has the alleged difficulty been self-created? )iJ Yes,or { }No Why: Are there any Covenants or Restrictions concerning this land? f<No { } Yes(please furnish a copy) This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety and welfare of the community. Signature of Applicant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn to before me this 7i9 day of ,LL,,",O 203A_. NotarytPublic Notar BPublic State Of Nes` No. 02AN5014509 w York Qualified In Suffolk County ; Commission Expires 071151 4 APPLICANT'S PROJECT DESCRIPTION —7—1 -� f i APPLICANT: H7 Cy44 A ILS// X ClL DATE PREPARED: 1.For Demolition of Existing Building Areas Please describe areas being removed: A11,4 II.New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: N114 Dimensions of new second floor: Dimensions of floor above second level: Height(from finished ground to top of ridge): AZM Is basement or lowest floor area being constructed?If yes,please provide height(above ground) measured from natural existing grade to first floor: �,g 111.Proposed Construction Description(Alterations or Structural Changes) (Attach extra sheet if necessary). Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: &V A Number of Floors and Changes WITH Alterations: IV.Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property:_ A6 20.-eg 6 Proposed increase of building coverage: / 07— Square QZSquare footage of your lot: Percentage of coverage of your lot by building area: V.Purpose of New Construction: A6�4 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): 9W&A& ME AeA—CICUZY 121 Z4 M- rAE C4036 BE e6A aAPAl�/s 7712c- Please 12a1,�1<T'o� c'al>p ✓'�UTo� Please submit S sets of photos,labeled to show different angles of yard areas after staking corners for new construction, and photos of building area to be altered with yard view. 4/2012 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION A. Is the subject premises listed on the real estate market for sale? APR 0 2 2021 Yes �No B. Are there 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? Al 0 2.) Are those areas shown on the survey submitted with this application? Al t 3.) Is the property bulk headed between the wetlands area and the upland building area? Al 0 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? A10 E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting?_Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? N 0 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? Al 0 If yes, please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel,UA&..,Ze w/_T,4 G and the proposed use (ex: existing single family,proposed: same with garage,pool or other) ;Ind &4MXZ2.) Authorized Authorized signature and Date FORM NO. 4 TOWN OF SOUTHOLD RTTTT nTNG nV.PAXn%NT Office of the Building Inspector Town Hall Southold, N.Y. PRE EXISTING APR 0 2 2021 , CERTIFICATE OF OCCUPANCY No: Z- 28125 Date: 12/18/ 2 18 O1-•---- THIS CERTIFIES that: the building DWELLING & ACCESSORIES Location of Property 2725 HARBOR. LA_ _ CUTCHOGUE (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 . Section 136 'Ellock 0001 Lot: 020 Subdivision Filed Map No. tot No. conforms substantially to the Requirettent8 for a ONE FAMILY,DWELLING built prior to APRIL 9, 1957 pursuant to which CSRTIF3CATE OF OCCUPANCY NUMBER Z-_28125 dated DECEMBER, 18, X001 was issued, and conforms to all of .the requirements of the applicable provisions of the law. The occupancy for Which this certificate is issued is ONE FAMILY DWELLING WITH SCREENED PORCH -AND ACCESSORY-TWO CAR,GARAGE WITH ATTACHED STORAGE.* The certificate is issiued to MARGARET FRIIS (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPART11ENS OF HEALTH APPROVAL _N/A ELECTRICAL CERTIFICATE NO. _N/A PLUMBERS CERTIFICATION DATED _N/A *PLEASE SEE ATTACHED INSPECTION REPORT. Au orize6, Signature Rev. 1/81 s r , y , FORM NO.4 i TOWN OF SOUTHOLD BUILDING [DEPARTMENT Town Clerk's Office APR 0 2 2021 Southold, N.Y. Certificate Of Occupancy No. . , . 297.37. . . . . . . . Cate . . . . . .NOV91 per .?3. . , . . . . , . . ., 19 . 7.9 THIS CERTIFIES that the building . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . Location of PropertyWest, side of Oak Street; Cuteho e, N.Y. !.louse`11/0. ' . . . . . . . . . . Sin�at Hamlet County Tax Map No. J000 Section . . . 136. . . . .Block . . , . 01 . , , . . , . .Lot . , , 023 , 024 88, 89, 90 Subdivision . ie3 ghts , , , , , , , , , , , ,Filed Map No. . , 8 6 . .Lot No. ,9,2 —91 . . . . .requirements for a vacant building built; prior to conforms substantially to the *PWbb6J±1Ur-A1DdtidhkmXhmmtt April 23 of Occ , . . . , , , 19 7. pursuant to wliich ib 3l opanty . . . Z97 7. . . . . . . dated , , November, 2� , , , , , , , , , , , . 19 7?, was issued, and conforms to all of the re uirements of the applicable provisions of the law. The occupancy for which this certificate is issued is , . . . , . . . . 'Vacant . . . non-habitalale, Build:Lng. . . . . . . . . . . . . . . . . . The certificate is issued to . . , , Jean, E. ( .Dinner.owner& .Ano.,. . . . . . . . , . . . . . . , , �9gX8 { of the aforesaid building, Suffolk County Department of Health Approval . . . . . . . . . . . . .N/R, , , , . . , , , i , , . , , , , , , , , , , , UNDERWRITERS CERTIFICATE NO. . , . , , , , , , , . NSR Building Inspector Rev 4/79 NOV 13 2013 r FORM NO.4 - TOWN OF SOUTH+OLD BUILDING' DEPARTMENT APR ® � 202 Town clerk's Office Southold,N.Y. Certificate Of OCCupancy No. . .?�.96.. . . . . . . . 'Date •. . : :�eptemt�er 27,. . . . . ... 9. . . • THIS CERTIFII S til. the building. . . . :. . . . Location of Property . . . . x' 5, Hartsor I,!:Me/2�O b,9k Street Cu l:aho,�ue. i ou4'No, . . ' ' Striri! . . . .. . . . .. . . .. . • • . •.. Hardt County Tax'Map No. 1006 Section .. . ;Y36. . . . -Block . o . „ 0'1,• , • , . , , •Lot Subdivision . A eAq• 1p.i ;i;p; . . . . . . . . . .....Filed Map 1Vo. , .05A . .Lot No.9X.tb4vugh.98 conforms substantially to the Application for Building Permit heretofore filed in this ofl dated ` . . .. . . Jtly. 25 .• • 4 pursuant to H► . . . , 19? • .p Wch Building Permit No. . . . dated . . .. J y, 25. . . . . 1 . . . . . . . . , 19 7'4',was issued,and confOrrns to all of the r uh eq romenta of the applicable provisseRions'of the/law.yT/h�yeoecupanoy for which this certificate is issued is .. .. .. . . . The Certificate is issued to . . . . . . . . . . . . . te,]per to . . . • . . . . . . . . . . .... . . .. .. . . . . . of the aforesaid building. Suffolk County Department�of Health Approval . . . . . . . . . . . . . .. . . . . ... . . . . . .. . . . . . . . . . UNDERWRITERS CERTIFICATE NO. 1 . . . . . . . . . . .Nf R. . . . . . . . Budding•nspector . . . . . . . . Rw 4M _ n sure y�1� p � TOWN OF SOUTHOLD BUILDIN(+ DE.PAW'MENT TOWN CLERK'S OFFICE SOUTHOLD, NY APR 0 2 2021 BUILDING PERM111- (THIS PERMIT MUST Et KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS ,4ND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit#: 38761 - Date: 4/2/2014 Permission is hereby granted to: Deroski Betty R Revoc Tr c/o Twomey Latham Shea Kelley -_ -- PO BOX 9398 - Riverhead,-NY To: . Demolish a 22.5'X 42.6' buildin •� #6707 g as pplied for& to the conditions of ZBA decsion At premises located at: 275 Oak St, Cutchoque SCTM #473889 Sec/Block/Lot# 136.-1-24.1 — Pursuant to application dated 3/13/2014 and approved by the Building Inspector. To expire on 10/2/2015. Fees: j DEMOLITION $387.55 Total: $387.55 J Building Inspector �'g0FFBI ��� TOWN OF SOUTHOLD `a BUILDING DEPARTMENT N—OILI:REFS—OFF — �,�� °N.A SOUT'HOLD, NY 'i 'l -1 J -.... s ._ BUILD114G PERMIT i f APR -0 2 2029 (THIS PERMIT MUST BE KEPT ON THE PREMISES ' WITH ONE SET OF APPROVED PLANS AND SPECIFI6ATI.O UNTIL FULL COMPLETION OF THE WORK AUTHORIzl!)T Permit#: 39227 — Date: 9/30/2014 Permission is hereby granted to: Deroski Betty R Revoc Tr _ c/o Twome Latham Shea Kelley PO-BOX 9398 Riverhead, NY 11901 —. To: Electric Service for Barn At premises located at: 275 Oak St, Cutchogue SCTM # 473889 Sec/Block/Lot # 136.-1-24.1 Pursuant to application dated 9/30/2014 and approved by the Building Inspector. To expire on 3/31/2016. Fees: ELECTR lC $90.00 Total: $90.00 Zld ;ctor FORM NO. 3 - TOWN F SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. __)) v B UTILDING PERN.IIT I� ILT- (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) J L� PERMIT NO. 32690 Z (V�j�E'(' rlC' Date FEBRUARY 2007 RL _ Permission is hereby granted -to; ROBERT J DEROSKI PO BOX 906 ~` C U HTCHTC OGUE,NY :.193 — for ; CONSTRUCTION OF AN ACCI3SSORY STORAGE j!UILDING AS APPLIED FOR. _ (THIS REPLACES BP $$299')3-Z) at premises located at 275 OAK ST CUTCHOGUE county Tax Map No. 473889 Section 136_ Block 0001 Lot No. 024 . 001 pursuant to application. dated JANUARY_ 31, 2007 and approved by the Building Inspector to expire on AUGUST 1, 2008 . Fee $ 155 - 40 r + zed i ature ' Rev. 5/8/02 ORIGINAL gBR-3-- S$�p y Southold—TowrrI-Iar Leslie Kanes Weisman,Chairperson p� �� 53095-Main Road•P.O.Box 1179 Eric Dantes Southold,NY 11971-0959 � O Offi4rL4catiop_: Gerard P.GoehringerT Annex/First Floor,Capital One Bank George Horning D� - APR 2X54375 Main Road(at Youngs Avenue) Kenneth Schneider cot�,� ,Sdutho:ld,NY 11971 http://southol<ltown.northfork.iiet ZONING BOARD OF APPEALS 4— L( TOWN OJT SOUTHO1,D FE. 2 7 2014 Tel.(631)765-1809•Fax(631)755-9064 So voidTowel(n qe FINI)INGS,DELIBERATIONS AND DETERMINATION MEETING OFFEBRUARY 20,2014 ZBA Application No, 6 707 Applicants/Owners: Betty Deroski Revocable Trust SCTM#'s1000-136-1-24.1,21 &22 Property Location; 275 Oak St.,2835 &2855 Harbor Lane Cutchogue,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 requirements 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 December 30, 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: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. BASIS OF APPLICATION: Request for a Lot Waiver under Section 280-11 to unmerge a vacant land area of 14,496.50 square feet (CTM1000-136-1-24.1) from an adjacent land area of 17,941.57 square feet(CTM 1000-136-1-21 and 22), based on the Building Inspector's Notice of Disapproval pursuant to Section 280-10(A), determining the properties have been merged. ADDITIONAL INFORMATION: At the Public Hearing, the Applicant represented to the Board that the parcel would be purchased by an adjacent property owner and merged with the adjacent parcel (SCTM No. 1000-136-1-20) to create a single conforming lot in this community, in the event that the Board granted the application. Further, the Board requested information from the Applicant regarding the relationship between Blair McBride and Betty R. Deroski. Applicant's agent provided a copy of the Betty R. Deroski Revocable Trust Agreement, which, required that Blair McBride receive the improved property outright along with Betty Deroski's cats, truck and car. Additionally, a Pre-CO was submitted for the existing accessory garage that was on the property since prior to zoning and may have been in its current location since prior to the subdivision. Page 2 of 3—February 20,2014 ros i — SCrM#1000-136.1-24.1,21&22 APR 0 2 202 FIND INGS OF FACT/REASONS FOR BOARD ACTION• The Zoning Boafd of Appeals held a public hearing on this application on January 9, 2014 and February 6, 2014 at which time written and oral evidence were: presented. Pursuant to § 280-11 the Applicant has submitted documentation, to the satisfaction of the Board that these 'lots were merged prior to the death of the owners. At the onset, it is necessary for this Board to determine wh,,ther the Applicant has provided evidence of an appropriate relationship with the prior owner, Betty R. Deroski. Section 280-11 requires that"[t]he lot proposed to be recognized has not been transferred to an unrelated person or entity since the time: the merger was effected". Traditionally, this Board has held that an Applicant must establish a familial relationship (a blood or marital relationship) to satisfy this requirement. However, based upon the information provided by the Applicant, including the Trust Agreement, the Applicant has established an acceptable(though not familial/marital) legal relationship under this section of the Code. The Board finds that it is appropriate to expand its prior interpretation of this language to include persons who inherit property through a trust agreement, a will or similar legal instrument. Here, the Applicant inherited the property through a trust agreement and the Board finds that such a transfer was'not to an"unrelated person". Pursuant to §280-11.the Zoning Board finds that;, 1.The waiver would recognize a lot that is comparable in size to a majority of the improved lots in the neighborhood because: Eugene Heights Subdivision contains lots that are similar in size to the two lots that are proposed to be un-merged. The avera;e size lot in the Eugene Heights subdivision is 15,000 square feet. The undeveloped subject lot (SCTM #1000-136-1-24.1) is 14,496.50 sq, ft.and is located in a densely populated built-out neighborhood. 2, The waiver would recognize a lot that is not. vacant and has not historically been treated and maintained as a separate and independent Residential lot since its original creation because:, Based upon the information in the,record, these 'lots haver histoirically been treated as a single lot with the adjacent lots (SCTM no. 1000-136-1-21&22) which contains a principal residence and the subject lot containing,the accessory structures. There is no fence or hedge line that delineates the property line, Other than the fact that the lots received two separate tax bills, there was no information provided to satisfy the Board that these lots were treated as separate lots. 3.The proposed waiver and recognition will not create an adverse impact on the physical or Environmental conditions in the neighborhood or district because: The subject parcel is proposed to be merged with the adjoining parcel to the west (Lot 136-1-20), which will create•a more conforming parcel and will eliminate a potentially developable lot. RESOLUTION OF THE BOARD: In considering and balancing the above factors and pursuant to the Waiver Provisions of the Town of Southold Merger Law, Section 280-11, motion was offered by Member Weisman(Chairperson),seconded by Member Dantes, and duly carried to GRANT, the waiver of merger as shown on the survey by Kenneth M. Woychuk, LS, dated March 6, 2012, last revised 6-25-12,subject to the;following conditions: CONDITIONS: Page 3 of 3—February 20,2014 'BA#6-747--Dereski• SCTM#1000-136-1-24.1,21&22 t CONDITIONS: APR 0 2 2021 I. Proof that waiver of merger is effected b,r way of a deed from the applicant to a separate individual or entity conveying title to that portion of the property known as§CTM#1000- ; 136-1-24.1 (275 Oak Street Cutchogue,NY)be provided to the ZBA within 2 years of the date of this decision.Failure to complly with this condition will result in nullification of the waiver of lot merger granted herein. 2. Proof of the merger of subject lot 1000-136-1-24,1 to 1000-136-1-20,and the removal of the"old school house"be provided to the ZBA within 2 years of the date of this decision. Failure to comply with this condition will result in nullification of the waiver of lot merger granted herein. Yate of the Board: Ayes;Members Weisman(Chairperson), Schneider, Dantes, Horning.Absent,Member Goehringer. This Resolution was duly adopted(4-0). Leslie Kanes Weisman, Chai rson Approved for filing 1A 5 /2014 S.C,T.M.NO. DISTRICT: 1000 SECTION:136 BLOCK: 1 LOT(S):21,22&•24.1 1 1 i APR 022021 I 1 126. �^ �u0+• �' LOT N82'DI'30"E00' LOT 107 + 4 LOT 88 �• 28A' -i x o LOT IO2 � lye [!1 LOT w1 .d LOT 09 in� N �a.s ri ''� i LOT 100 / 22.5 LOT 90 ;WP.OUARTARARO,AS SUCCESSOR TRUSTEE yA, IA OF THE BETTY R. DEROSKI REVOCABLE TRUST l3'J, LOT 91 AGREEMENT DATED FEBRUARY 29, 20°0: Y ,y 14,496.50 SOFT. w g0IA. 4 °i► 0.33 ACRES LOT 92 "db 0y frd. $� °a. BWR MaBRIDE: LP 0 C��'L � /y 17,941.57 SOFT. .1. 0.41 ACRES MN.O 1> RECEIVED �r ,s NOV 13 201 •Q .ill• U*p a.r w`� BOARD OF APPEALS FINAL MAP REVIEWED BY ZBA � ° SEE DECISION#,(. l DATED kjv 00/T —° THE WATER SUPPLY, WELLS AND CESSPOOL LOCATIONS SHORN ARE FROM FIELD OBSERVATIONS REVISE OW.06-25-13 AND OR DATA OBTAINED FROM OTHERS. AREA. 32,438.07 SOFT. or 0.74 ACRES ADO.TAY LOT 21 0-25-2012 ELEVA77ON DATUM. --------------- UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A V10LA170N OF SECTION 7209 OF ME NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR HHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE RILE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTITUTION, GUARANTEES ARE NOT MANSFERABLE. THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES YO THE STRUCTURES APE FOR A SPECInC PURPOSE AND USC THEREFORC THEY ARE NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO GUIOE THE ERECTION OF FENCES, ADDITIONAL STRUCTURES OR AND OTHER IMPROVEMENTS. EASEMENTS AND/OR SUBSURFACE STRUMRES RECOROEO OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY ENDENT ON THE PREMISES AT THE RME OF SURVEY SURVEY OF. LOTS 88-95 INCL. �— CERTIFIED TO: BLAIR McBRIDE; MAP OF:EUGENE HEIGHTS JAY P. OUARTARARO, AS SUCCESSOR TRUSTEE FILED:OCT. 29, 1928 No.856 OF THE BETTY R. DEROSKI REVOCABLE TRUST SITUATED AT:CUTCHOGUE AGREEMENT DATED FEBRUARY 29, 2000; TOWN OF SOUTHOLD KENNETH M. WOYCHUK L.S. SUFFOLK COUNTY, NEW YORK Land Surveying and Design P.O. Boz 3, Mattituek, New York, 11952 PHONE (091) 296-1586 PAX(091)298••1580 FILE Y 12-19 SCALE- 1=30B DATE:MARCH 6, 2012 N.Y.3 UC NO 50227 m.I.w.i.O lh......d.of R.b.d J.N......7 BOARD MEMBERS ,� �,_ Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road•-P.O.)Box 1179 S6_uthold,NY11971-0959 Eric Dantes '�(a `e Office Location: Gerard P.Goehringer I� Town-Annexl/First Floor,Capital One Bank George Horning 1.54375 Main Road(at Youngs Avenue) Kenneth Schneider `'y��� , Squthold,NY 11971 zz APR 0 + 202 http://southoldtown.n ( hfork.not ZONING POA)iilD OF.APPII�Ai� RCEIVEO� TOWN OF�IOUTI�� ��1 aw , gdv 1/`35Ac t Tel.(631)765.1809 v Fax(631)765-9064 , z 3 2015 u o QW nC erk FINDINGS,DELIBERATIONS AND I)MMRMINATI0N MEETING OF JUNE 18,2015 ZBA FILE: 6859 NAME OF APPLICANT:Andreas Pfanner PROPERTY LOCATION: 2725 Harbor Lane(275 Oak Street), Cutchogue,NY SCTM41000-136-1-24.2 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 U 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 5 2015 stating that this application is considered a matter for local determinatigri as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION:,The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is riot subject to review under Chapter 268: PROPERTY FACTS/DESCRIPTION: The property consists of lots 88-92 and 99 to 110 incl. from the filed map of Eugene Heights, dated October 29, 1928 No. 856. It contains a Lot area of 51,335.9 sq. ft. with 324.36 feet on the west side of Harbor Lane, 1.25.00 feet to the north, 128.31 feet to the south,.200.00 feet to the east. It is improved with a one story dwelling, and detached frame: garage. The contiguous lot to the east, which fronts on Oak Street, has 177.31 on the easterly and southerly side of the same public road. The single contiguous parcel is improved with an existing- 1 story,frame garage and a large frame garage currently under construction. All indicated on a survey produced by Kenneth Woychuk, Surveyor dated M"irch 6, 2012 last revised 04-07-15. BASIS OF APPLICATION: Request for Variances from Article III Section 280-15, and the Building Inspector's March 4,2015 Notice of Disapproval based on an application for a building permit for construction of an "as built" accessory garage and "as built accessory sheds. At: 1) less than the minimum side yard setback of 15 feet, 2) accessory garage proposed at more than the code required maximum size of 750 square feet. 3) accessory garage proposed in other than the code required rear yard, 4) accessory sheds located in other than the code required'rear yard. RELIEF REQUESTED: The applicant requests variances to construct the partial "as built" garage that is under construction in an area other than the rear yard, a total size of 924 sq, ft. which is larger than the code permitted maximum of 750 square feet and a side yard setback of 11.4 feet where the code requires a minimum of 15 feet. Together with the construction of"as built"wood sheds that were built in the front yard where the code requires a rear yard location. i 0 Page 2 of 3—June 18,2015 A. —�B�File#fr859--P}}fartne 'AM SCTM#1000.136-1-24.2 APR M-0 ,iii;.J �_..i � '6; AMENDED APPLICATION: During the hearing, the agent for the applicant indicated on t�ie.rc�cord,_and iii'the 1 application, that his client is willing to bring the cement slab foundation of the garage presently under construction into conformance. This will be done by reducing the cement slab to a code conforming size of 748 sq. ft. by removing 178 sq. ft. which will also eliminate the need for a side yard variance.He also agreed that when the two existing"as built"wood sheds that are located in the non-conforming front yard(Oak St.) are no longer usable and need to be replaced, to relocate them in line with the present one story garage that is setback 28 feet from Oak Street. ADDITIONAL INFORMATION: The subject property has two prior Z13A applications; the first. under #5472 in 2004 was withdrawn by the applicant for a lot line change. The second under file#6707 was granted for a waiver of merger with adjoining lot #'s 21 & 22. At that hearing the decision merged lots 20 & 24.1 which created the present lot 24,2. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on June 4,2015 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood,and other evidence, the Zoning;Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law &267-b(3)(b)(1). Grant of the amended )+ariances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The parcel is one of the largest parcels in the subdivision at 1.18 acres and is a through lot that fronts on two streets. It contains a one story dwelling with detached garage facing Harbor Lane and, on Oak Street, another one story garage in the front yard, two "as built wood sheds, and a large one story garage under construction in a similar Iocation, The subject accessory garage is not visible from the road because it is well screened by existing mature evergreens, and is being reduced to a conforming size, 2. Town Law 5267-b(3)(b)(2). Tlie benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The"as built sheds and large garage under construction' could be located in an area other than a front yard. However, based upon the location of the dwelling on the lot, the accessory structures are located in an area that effectively functions as a rear yard. 3. Town Law §267-b(3)(b)(3). The variances granted herein are mathematically substantial, representing 100% relief from the code. However, based upon the unique size and configuration of the parcel which has two front yards on two Public Roads,the applicant has a limited building envelop for accessory structures. 4: Town Law 6267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storin Water Management Code for all structures, 5, Town Law 5267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6.Town Law 5267-b. Grant of the relief as amended is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an accessory garage and wood storage sheds while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Member Dantes, and duly carried,to Page 3 of 3—June 18,2015 ZA a Fi1e#6APR a 2 821 i S CTMN,1000-136-1-24.2 GRANT,the variance for the two accessory wood sheds as applied for, and _-_--` - DENY the accessory garage as applied for, and GRANT the relief as AMENDED, and shown on the survey from Kenneth M Woychuk, Surveyor, dated March 6,2012, last revised 04-07-15. Subject to the following condition; 9 CONDITION: 1, The two "as built" small wood sheds can remain in their current nom-conforming location while they are functional, In future if they need to be replaced, they must be relocated to the same setback as the existing one story barn/garage which has a 28 foot setback from Oak Street, That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. 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 nonconformides 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,Homing,Dante,Goehringer.This ResoIution was duly a o to (5-0) Leslie Kanes Weisman,Chairperson Approved for filing 6 /,�'2/2015 S.C.T.M.# DISTRICT 1000 SECTION 136 BLOCK 1 LOT 24.2 1 NOTDI'L D'Li 126.00'�� � APR 0 SNil - - 9-- P1 IW �� •.�� tNvL MMJq,t. ,g, y� pi; E o� �=u. rro•- - g S wn e- 01 0 '4r R7 R« �Ir t ae 'sF T E toy Io7 LOT 0/ 4„„iWa�3n''y�� � NOrol')o'S rzs.00' ovX iTEV2411 n9v LOT 102 I LOT ss N ry Q ✓MVV 0' �v ; LOT 101 i I LOT 09 Iw PNUfT �. cLot 100 )n � nv c.RSu ro uvAe �/L'1 L� yT sa X00 �----so Aanw ar lo1,Mo Yao.�l H x 90 ro�"°'� GtI �(as %� Let 01 /4aT e o bi. 0 C 40 F �/ S 6.6 q O P9,t $ / LOT 02 A9 \ TATO N/I of \ SVIA LIeBR10C l- \ /J PECENEO APR 8 2015 ZONING BOARD OF APPEALS MC WATER SUPPLY.MIS,DRYACUS AND CLSSPOOL LOCA17ONS SHOW ARE FROM FILO 065LRVADONS AND OR DATA OBTAINED FROM OTHMS FINAL.MAP AREA.51,3359 SO.n'. or 1.18 ACRES nnnWGANLA VNAVrN=ALIrRA MN pP AOGnpY 70 INS sURKY IS A LICLAROf O!SCCnpV 7209 a MC NM Ypb(SlITC[DUG nOM LAW COWLS ar PAS SWKr REVIEWED BYZBA NAPNorVEM”MCLAAUSWKKttS[VBOSSCOsmWAL:norOrccNwRCoTOSCAVAwMU000PY L3/-.lrCSwaCATMNMCPYSHALLRUN paLY N MC PMSdI!09 ILIA01/MC wRKYIS PRMAR[D AM,PY lef BMµ!b MC nR[COLIPANY,oOKRNNOTlµACMCY AND IMOwC RTSRNn[N y N01 PlRATOED LISTED IRnrcNl AND To TIC ASPIWEES OF TM LMpWG MPAI NN OUARAN79CS ARC Nol TRMSIMA6LC I SEE D E CIS I O #L31 M[WIVO OI ORTMAX's SHORN RMN Mott MC PROP"n UNCS To Mr SMVCNRCs Aar FDP A sC0170 PVAPOSC AID UsC MrRrfaRr Rlrr ARC MTrp'NAMr INC PWIRTY LWCS CW 20 VADC MC LRCON W MCM AMITCRAL STRUCTURES M AW OMM MPROKNMTS CARN&TS DATED (P / I ANO/tR SVOSUPFACC SnWrURCS RCC0,70M CLP UNRCCoPOrD ARC Nor OVARANICCO VNPCSS PHY9VLLY uDENr vo M[PACUISCS AT INr INC a SURKr wm y oro LOTS 88•.92 k 99-110 INCL. CERTIFIED TO ANDREAS PFANNER, LIAP or.EUGENE HEIGHTS FLED OCT. 29. 1928 No.856 iONATIO AT CUTCHOGUL 1oaN or SOUTHOLD KENNETH H AOYCHUK LAND SURVEYING,PLLC REVISED 01-07-15 SUFFOLK COUNTY,NEN'YORK Prorea11onal[And Surveying 5nd Design UPDATE SURVEY d,LOC FOUNDATION 02/25/15 -- !�b/a..e(� P.O.So:256 Aquabogue,Nrn York IL931 nLE 121-237-3 wAm 1.30' DA,E.MARCH 6.2012 .pgo2rt(071)398-15M TAX(WL)"11-1615Y NS LIsO.NO OSOBe7 .1--T q•-a.e.ntol BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ®� ®U,� 43095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor Robert Lehnert,Jr. �� ® a� 54375 Main Road(at Youngs Avenue) Nicholas Planamentoc�� y,� i SouthQld,,NY 119'11 � I 2 i hup://southoldtowmy.gov APR 0 2 2021 l ZONING BOARD OF APPLALS , TOWN OF SOUTHO]L]D Tel.(631)765-1809 Fax(631)765.9064 RECEIVED 04 P�k l ,3Q FINDINGS,DELIBERATIONS AND DETERMINATION SEP 2 6 2018 11 MEETING OF SEPTEMBER 20,2018 ZBA FILE: 7192 S thold Town Clerk NAME OF APPLICANT: Andreas Pfanner PROPERTY LOCATION: 2725 Harbor Lane and 275 Oak Street,Cutchogue SCTM#1000-136-1••24.2 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 25, and the Suffolk County Department of Planning issued its reply dated May, 21, 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; The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The subject property consists of lots 88 to 92 and 99 to 110 that were created subsequent to a fled subdivision map of Eugene Heights, dated October 29, 1928 No. 856. The overall size of the property is 51,335 square feet with 482.36 feel. along the westerly property lines that runs adjacent to Harbor Lane, a total of 250.00 feet along two northerly property lines, runs 317.35 ft. along the southerly property lines, 335,20 feet along the easterly lines. The property is improved with a one story single family dwelling with a 32.3 ft, by 22 ft, detached frame garage, a 26.3 ft, by 24.2 ft. one story framed garage, a 33,5 ft. by 22„4 ft, framed garage, a framed garage having 39 feet in depth and two storage sheds all shown on survey prepared by Kenneth M. Woyehuck, L.S., last revised April 7, 2015. Also a shed has been recently placed in the rear yard that was not depicted on the aforementioned survey, BASIS OF APPLICATION: Request for Variance from Article III, Section 280-15 and the Building Inspector's May 8, 2018,Notice of Disapproval based on an application for a building;permit to construct an accessory garage; 1) located in other than the code required rear yard; at: 2725 Harbor Lane and 275 Oak Street, Cutchogue, NY. SCMT#1000-136-1-24.2. RELIEF REQUESTED: The applicant requests a variance to construct an accessory garage with a wine cellar in a nonconforming front yard at 2725 Harbor and 275 Oak Street, Cutchogue, NY, SCTM#1000-136-1-24.2, The proposed construction on this conforming 51,335 square foot lot with two front yards in the R-40 Zoning District is not permitted pursuant to Article III, Section 280••15 which states; in the Agricultural-Conservation District and Low-Density Residential R-80, R.-12-, R-200, and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard. The proposed garaged will be located in a front yard. i Page 2, September 20,2018 #7192,Pfanner ; SCTM No, 1000-136-1-24.2 APR ® S 2021 ADDITIONAL INFORMATION: Currently there are four (4) accessory garages on the property and:a'ffth being proposed with a basement wine cellar. During the site inspection, Board members observed 10-ft. by-12 ft. accessory shed on the property, located near Oak Street which was not sited on the survey that was provided, or indicated on the Notice of Disapproval. Furthermore, during the public hearing, the applicant's representative asserted that the applicant does not use this property as his principal residence. One of the neighbors informed the Board that people were living in an existing barn, and that trucks belonging to the owners of a Brooklyn based company are coming and going from the property. The neighbor further expressed concerns about safety for residents and neighborhood children. Photographs, along with comments, were submitted by a neighbor opposing the variance relief. Another neighbor testified that another garage on the property is not consistent with the character of the neighborhood, and referenced ZBA#6859 which allowed the construction of a one story structure as two car garage with attached storage that is now a three car garage. The applicant's representative stated that the Building Department has cited the applicant for using a barn for habitable space. He indicated that the owner collects cars and wants another garage in which to store his collection of cars, and further explained that the dwelling is shared with another couple who are not listed on the property deed. All of the other properties in Eugene Heights are smaller with smaller homes with no more than one accessory building located on the property. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on ieptember 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 V67-b(3A)M. Grant of the variance will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Although the subject property is a through lot with two front yards, the number of "as built" accessory structures already located on the property is uncharacteristic of the residential neighborhood. Moreover,the accessory garage is proposed with a nonconforming front yard setback. 2. Town Law§267-b(3)(b)(2). The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant has the option of expanding the size of an existing garage or building an attached garage to the existing dwelling. 3. Town Law 4267-b(3)(b)(3). The variance herein is mathematically substantial, representing 100% relief from the code. According to the Town Code any structure placed in the front yard, unless the property is waterfront, is nonconforming and the proposed accessory structure would increase the degree of nonconformity on the subject property, 4. Town Law 4267-b(3)(b)(4) 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 number of accessory structures built on the property by far exceeds community character. 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. 6. Town Law 4267-b. Grant of the requested relief is NOT the minimum action necessary and adequate to enable the applicant the benefit of an accessory garage with a basement wine cellar in a nonconforming front yard while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. Page 3, September 20,2018 #7192,Pfanner APR 0 1 202 I SCTM No. 1000-136-1-24.2 i 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 Acampora, seconded by Member Lehnert, and duly carried,to DENY the variance as applied for Vote of the Board; Ayes:Members Weisman (Chairperson),Dantes,Acampora,Planamento and Lehnert. This Resolution was duly adopted (5-0). Leslie Kanes Weisman Chairperson Approved for filing? 018 AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD APR 0 2 202 WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval,use variance, area variance or subdivision approval on poperty within an agricultural district OR within 500 feet of a farm operation located in an agriculVufdl-'di`str'ict: '' 1 All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: 2. Address of Applicant: P0. Am !D,$7 J'7 T/�all��/Y 11 !77/ 3. Name of Land Owner(if other than Applicant): ,Q/1/ R414- ' pK:Q Iyn 4. Address of Land Owner: �lS" / }/jl , , Q/ZD®IfLYN, N Y /,ZZ Z 5. Description of Proposed Project: 4V 4-r,%//L 7- 8 3>C /Z �i, V 'W AROi17-YAC 6. Location of Property: (road and Tax map number) ;?Z? I /Q,BOR zogwz , ro 2V 106&/= 7. Is the parcel within 500 feet of a farm operation? { } Yes ,46 No 8. Is this parcel actively farmed? { } Yes K No 9. Name and addresses of any owner(s) of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937) or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. 2. 3. 4. 5. 6. (Please use the back of this page if there are additional property owners) ;�Wa zwyaez Y / 12 -ZOV Signature of Applicant Date Note: 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. i i Board of Zoning Anneals Application I APR 0 2 2021 4 AUTHORIZATION �:,,;i,:) :, i (Where the Applicant is not the Owner) I, 4>✓0 residing at //j f�/776Ar l,Sp: (Print property owner's name) (Mailing Address) ria Jl1�/�V IVY. I/ZZZ do hereby authorize (Agent) OIA54 A- OtM to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. (Owner's Signature) �iV��Pr54�/N�12 (Print Owner's Name) • � APPLICANT/OWNER APR ® � 2MTRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers ani d employees.The,Rurpose of this'` form is to provide information which can alert the town of possible conflicts of interest and allow it to-t'akelw ateveV-actibn is,, ' J! necessary to avoid same. YOUR NAME : AA10AP ,�5 (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO �f If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee.Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this day oQJ,0kC9, 202 Signature Print Name ANARE-A ' 4G4✓jy� �0 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. 9� YOUR NAME• � (Last name,first name,middle initial,unless you re applying in the name of someone else or other entity u � ' company.If so indicate the other person's or company's name. AAF c a a202u TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit ,�i;t: J '.'.:•i ` , , ? Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this 1.2 day of e ,20� Signature ,�<�L2� Print Name M10VA& A, elHA G)l 1 617.20 Appendix B Short Environmental Assessment Form APR ® 2 2029 Instructions for Completing Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information Name of Action or Project: Ai✓ � = 4)-cG,4G/z >e6417' 5M6,0, Project Location(describe,and attach a location map): 272f— ! A ,ec— Brief Description of Proposed Action: Name of Applicant or Sponsor: FE-Mail- �q elephone / D 7 C &L)V4fj1f t4g V TI/e4N - Address: City/PO: State: Zip Code: J~o Al.Y. � L Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in.the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: 3.a.Total acreage of the site of the proposed action? acres b.Total acreage to be physically disturbed? (a ®®Z acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? _acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial XResidential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑Parkland Page 1 of 4 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? 1 ; ,�.: i,_°� b.Consistent with the adopted comprehensive plan? 6. Is the proposed action consistent with the predominant character of theT isting i o n NO YES landscape? X 7. Is the site of the proposed action located in,or does it adjoin,a state listed-Critical 1;1ivird1imeritai•Area? NO YES If Yes,identify: X 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES y b.Are public transportation service(s)available at or near the site of the proposed action? c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? 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 tecogies: 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: IVIA y 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: NA X 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? X b.Is the proposed action located in an archeological sensitive area? v 13. a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑ Shoreline ❑ Forest ❑Agricultural/grasslands ❑ Early mid-successional ❑ Wetland ❑Urban kSuburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? X 16.Is the project site located in the 100 year flood plain? NO YES 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? KNO❑ YES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: VNO E]YES Page 2 of 4 18. Does the proposed action include construction or other activities that result in the impoundmen iNO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: APR 'IN 9 wov 19. Has the site of the proposed action or an adjoining property been the location of an active or c osed r 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 THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: X Ct Dater Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing- a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 t � N4,or Moderate ll to large { APR 0 2 2029 impact impact i m y may oc ur occur 10. Will the proposed action result in an increase in the potential for erosion,�;gpding or diainage: 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. ❑ 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 Town of Southold 1 LWRP CONSISTENCY ASSESSMENT FORM APR ® 2 202 A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this MAF or proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# --�- Z -7— The The Application has been submitted to (check appropriate response): Town Board 0 Planning Dept. 0 Building Dept. ,R2J Board of Trustees 0 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital 0 construction,planning activity, agency regulation, land transaction) (b) Financial assistance(e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: 1,256 1LZZ5 OZ. D 9 xrJ L 0CA&W ZW r--RM/T_ -�3,�G r � Location of action: 272 1,1AR96R LV N � CVQ /�a Site acreage: /� f9 — Present land use: gh= A /L � APR o 2 202 Present zoning classification: 6 2. If an application for the proposed action has been filed with the Town of Sout o/ld"4"- y;'the'.following information shall be provided: (a) Name of applicant: (b) Mailing address: IIS— ,,�77-0/[/ !q., ,�0�� /V.% I�Z z z (c) Telephone number: Area Code( 3 -404 Z (d) Application number, if any: Will the action be directly undertaken,require funding, or approval by a state or federal agency? Yes ❑ No X 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 0 Not Applicable 02 n&/- L D CIS 77 dAl Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No Not Applicable AL&61 C D)e PPE"05S L O CAMP OV ae V25AE AX 666-M l l Attach additional sheets if necessary =' 1 Policy 3. Enhance visual quality and protect scenic resources throughout t e To o6 §o2#ipld. Sae LWRP Section III—Policies Pages 6 through 7 for evaluation criteria 0 Yes 0 No DZ Not Applicable ..e7 - D C lS' ® C Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria Yes No S Not Applicable �OLI Y 4 N 7-0 72&5 IV W. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria 0 Yes 1:1 No ®Not Applicable r L� 1 cy 4-.y, 14 ro !s 4 rr1 . 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. R Yes 0 No FA Not Applicable P-OGI CY�1A tD IS ,4�P10 l Attach additional sheets if necessary VW Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III -Policies Pages 32 through 34 for evaluation criteria. 0 Yes 0 No® Not Applicable POZICY 7 N/A- n YV15 A8PZ, Attach additional sheets if necessary I Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable ELICYPti � 72027Zyls . "Z, 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. ❑ YeO NoW Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. 0 Yes ❑ No ® Not Applicable 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 X Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No rv"?j Not Applicable eoGI cY LZ A[/A 7-76 79 Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable O 64-1 CY 13 NACL �JS I i Created on 512510511:20 AM I I I SOUTHOLD BOARD OF APPEALS PRIOR FINDINGS, DELIBERATIONS AND DETERMINATIONS: APR 0 2 2021 REQUEST FOR VARIANCE FOR LOCATION OF AS BUILT SHED IN OTHER THAN THE REAR YARD ( FRONT YARD) SCTIVI: 1000—136—1 24.2 i i ACCESSORY GARAGE: 1. ZBA File: 6849 Approval to construct an accessory garage less than the code required front yard setback of 35 feet at 30 feet. 2. ZBA File: 6115 Approval for construction of a proposed accessory garage less than the 35 feet from the front lot line where the property is a corner lot with two front yards. i ADDITIONS AND ALTERATIONS; 3. ZBA File: 7397 Approval to construct additions and alterations to a single family dwelling with two front yards with a front yard setback of 15.2 feet. i ,� APR 0 2 2021 2 � -Je�J'o 15�� - AN � `,, \ ¢ ' ��>•,`` �� �' �g' �'Y' � gym, @.F A9' '.w p., •y� 40- ^cr �,9 .ry pa' M 2g•-g A6,.'an per` SAY. ppl 77 s brr 0A, 6' pn _ ! °w ------ tal ' r 160) h` 0� VA(G) tw �\ 5 ti A/`r� O \�G ty '� ��r• W ,e S TA Lw AT fe f �c TVo" 4q, )B ' s a v, /Sp) TRy G CkALF a. NOTICE h COUNTY OF Sl y�.��'t`?p w,e w„Iw.,e mtaura asm�en -'r v O � y T=•== Mun Ou,a, == == rauoG a sENE4* unrn, tWHTENNICE ALIEMnO.ME OF , �Real Property Tax o '^a'u' tnurn a�OH K„,� unt � .Npp CaY Cnn,nr Rlvomw - - 'rc+' _ a`;"��.,`"„�,,,w'�--�.�«�. :"�..fiP' -^��,��..er?�"`Hea3" a•�:,;t�u";�:"u•`°",n ir+i�--- � x2wL-"�::.s`.5� .e+,x:��.Y.e r,., - . r - -:.��,its. �s�k-•r , _7 _- -, -_ .i. _ s. .. _-• ,_ s-,.. _. _ _. ,. R - 1- ., .. � - - "`',t'.fTL`'�e�inr:ifrx„.F31'a r.:1•.a._ BOARD MEMBERS �lthold Town Hall ;Leslie Kanes Weisman,Chairperson ����SO(/jyo 53095 Main Road•P.O.Box 1179 ,`O !� Southold,NY 11971-0959 James Dinizio,Jr. O cc.,L ignt ----1.- -- 1 _ Gerard P.Goehringer Town Annex/Fi t Floor,Capi(ta]�acolne Bank George Homing Q 54375 Main Rad(at You gs Ave , Ken Schneider OI,YC,O � � South ]d,NY��l47, 211, http://southoldtown.nonhfork.net ZONING BOARD OF APPEALS REP ' TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 AUG 2 5 2011 FINDINGS,DELIBERATIONS AND DETERMINATION Q MEETING OF AUGUST 18,2011- �OlBthold To -wn clerk ZBA FILE No.: 6489 NAME OF APPLICANT: Michael J. Macco SCTM#1000-136-1-37 PROPERTY LOCATION: 950 Oak St. (adj.to East Creek,aka Eugene's Creek)Cutchogue NY SARA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without j further-steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated June 28, 2011 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP: The variance relief requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: Subject property contains 19,900 Sq. Ft. and is improved with a two-story framed house and accessory two car garage. It has 75.00 feet of frontage on Oak Street, 262.31 feet along the northern property line, 75,24 feet on East-Creek (Eugene's Creek)and 268.35 feet along the southern property as shown on the survey dated June 10,2011 prepared by Peconic Surveyors, PC. BASIS OF APPLICATION: Request for Variances from Article III Code Section 280-15 and the Building Inspector's May 27, 2011 Notice of Disapproval based on an application for building permit to reconstruction an accessory garage at: 1) less than the code required front yard setback of 35 feet, 2) less than the code required side yard setback of 20 Feet,3)more than the code requited maximum height of 22 feet. RELIEF REQUESTED: The applicant proposes to reconstruct the accessory garage by changing the existing mansard style roof to a hip roof thereby raising the roof line to 25.4 feet where the code permits a maximum height of 22 feet; and proposes to maintain the existing front yard Location of 30 feet where the code requires 35 feet and the existing side yard setback of 15 feet where the code requires 20 feet. ADDITIONAL INFORMATION: This property had received a prior conditional ZBA grant# 1867 in 1974, for the accessory garage in the front yard with a southerly side yard setback of no closer than 15 feet and a front yard setback of no closer than 30 feet. And again in 1984, a conditional grant# 3279-for an addition of a tool shed to the accessory garage which appears to have been removed. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application August 4,2011 at which time written and oral evidence were presented. Based upon all testimony,documentation,personal inspection of the property and r. — Page 2—August 18,2011 ZBA File#6489-Macco CTM- 1000-136-1-37 '/ V"� �= Nm 3�L1 D surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to a true xwe�!+°L029 and makes the following findings: 1. Town Law 4267-b(3)(b)(1). Grant of the variance will not produce an undesirable Chan g;i1�h5oharagtei;of,;., the neighborhood or a detriment to nearby properties because changing the roof line from a Wat-mansard=rvof-to a hip roof will help to make the garage blend with neighboring structures already constructed with hip and sloping roofs. Many neighboring water front properties have two-story garages in the front yard. 2. Town Law 5267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method,feasible for the applicant to pursue, other than an area variance because the garage was constructed with non-conforming setbacks though the benefit of a previous variance granted in 1974 by the ZBA. 3. Town Law 5267-b(3)(b)(3). The variance granted herein is not substantial because after removing the mansard 'style flat roof the,mass of the structure will be reduced. The requested relief represents a 15% variance for the height of the accessory structure. The existing setbacks were previously granted a variance in 1974 and are not considered substantial. 4. Town Law 5267-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. This building has existed in the present location since 1974 without any apparent harm to the community and the new roof line will be more in line with the style of the existing buildings in the neighborhood. 15. Town Law 5267-b(3)(b)(5). The difficulty has been self-created because the existing flat roof is adequately 'doing the job of acting as a cover for the building. However, changing the roof line will give the garage a more appealing look that will fit in with the neighborhood. 6.Town Law 5267-b. Grant of is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an enlarged garage while preserving and protecting the character of the neighborhood and the health, I 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 2,67-B, motion was offered by Member Dinizio, seconded by Member Weisman (Chairperson),and duly carried,to 'GRANT, the variance as applied for, and shown on the survey and dated JunelO, 2011 prepared by Peconic Surveyors P.C. and architectural plans prepared by Architecnologies dated 6-12-11 as DWG No. A-1-E and 6-13- 11 as DWG No.A-2. 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 given such as extensions,or demolitions which are not shown on the applicant's diagrams or survey site maps,are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use,setback or other feature of the subject property that may violate the Zoning Code,other than such uses,setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board.• Ayes: Members Weisman(Chairperson), Horning, Goehringer, Dinizio, Schneider. This Resolution was duly adop ed(S-0). ki Leslie Kanes Weisman,Chairperson Approved for filinK /� /2011 APPEALS BOARD MEMBERS �� soar f :ing Address: Ruth D.Oliva O�� yp! S,,.c.,,)ld Town Hall 4 53095 Main Road-P.O. Box 1179 Gerard P.Goehringer , Chairnnn Southolq,NY 1-1971A9 9___ "1 James Dinizio,Jr. G Q Office Locati:6 Michael A. Simon i0 Town Annex/Fist Floor,North Fork Bank Leslie Kanes WeismanCD�N'r(��1� 54375 Main R:)ad(at lWO&MI Southpld,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD Tel.(631)765-1809-Fax(631)765-9064 FINDINGS, DELIBERATIONS AND DETERMINATIO MEETING OF FEBRUARY 28, 2008 Southold-Town Teri ZB File#6115—ROBERT and MARY KATE DIGREGORIO Property Location: 1000 Oak Street(at Pierce Drive), Cutchogue; CTM 136-1-36 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 December 10, 2007 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. TOWN 'CODE CHAPTER 268 LWR.P DETERMINATION: The applicant is proposing a garage in a location greater than 100 feet from the shoreline adjacent to Eugene's Creek. This application is therefore exempt under Chapter 268 from further review steps under Local Waterfront Revitalization Program. PROPERTY FACTS/DESCRIPTION: The applicants' property is a corner lot situated along the east side of Oak Street and south side of Pierce Drive and the easterly portion of the property borders along Eugene's Creek. The property is improved with a two-story, one-family dwelling and framed accessory structure. The property is'nonconforming with an area of 16,586 square feet in this R-40 Low- Density Residential Zone District, has two front yards with 55.72 feet along Oak Street and 217 feet along Pierce Drive, a side yard along the southerly edge of the property, and a rear yard to the east which is adjacent to Eugene's Creek. BASIS OF APPLICATION: Zoning Code Sections 280-15B, 280-15C, 280-124, based on the Building Inspector's October 15,' 2007 amended Notice of- Disapproval concerning a proposed accessory garage on this 16,586 square foot lot. The new garage is proposed at 22 feet in height in a location'at less than 20 feet from the side lot line, and less than 35 feet from the front lot line., r i - 1 (y � Page 2 -February 28, 2 ZBA#6115 R. and K. DiGregorio _" .- CTM 136-1-36 UJ APR o 2 2021 AREA VARIANCE RELIEF REQUESTED: The Applicants wish to con truct a 680 sq. ft. accessory garage, plus 80 sq. ft. roofed-over (open) entry por ico, in the southwesterly yard of this property. The garage is proposed to be 'sfii& -story construction with an unfinished attic and is not permitted pursuant to Article III, Section 280-15B because the proposed accessory garage is noted at 22 feet in total height (top of the ridge) but only 5 feet from the side yard property line., instead of the code limitation of 20 feet from the side property line. In addition, Article III, Section 280-15C states that in the case of a waterfront parcel, accessory buildings ' and structures may be located in the front yard, provided that such buildings and structures meet the minimum 35 ft. front yard setback requirements as set forth in Section 280-124, for this lot, a non-conforming lot measuring less than 20,000 square feet in total size, and this accessory garage is proposed at+/-25 feet from Oak Street and 33.58 feet from Pierce Drive. ` AMENDED VARIANCE RELIEF: During the January 24, 2008 public hearing, the applicant was asked to bring the plan into more conformity with the code. The applicant on February 6, 2008 submitted an amended plan increasing the setback to six (6) feet and offering to excavate a minimum of two feet and provide retaining walls as needed to lower the height to 20 feet, bringing the plan into more conformity with the codes. The amended accessory garage is proposed-with size dimensions as follows: 32 x 20 x 12+20 x 22 plus 8x10 ft. entry portico at the easterly side of the proposed garage and at a height of 20 feet to the top of the ridge. REASONS FOR BOARD ACTION: On the basis of.testimony presented, materials submitted and personal inspections, the Board makes the following findings. 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. At the hearing there was concern of the Board regarding the proposed height of the garage. The applicant was,. asked to consider lowering the height to the ridge. In reply to the Board's request, the applicant agreed to excavate the floor of the garage two feet and in doing so, the side yard would be increased from five feet to six feet. The agent for the applicant said that two oak trees would have to be removed, but they will replace the oak trees with conifer trees or other type of trees that would be suitable in that area. In addition, the garage will be,located on a dead end street, the property is heavily vegetated and garage will not be an eyesore to the neighbors. 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 property contains two front yards which limits,the owners' ability to situate a garage without needing variances from the front and side yards. 3. The relief granted is not substantial, The setback variance from Oak Street is 10 feet, and the variance requested from Pierce Drive is about 2'/ feet. The variance is substantial in relation to the side yard setback for a reduction of 14 feet. i Page 3 -February 28, 200E' --•--•- ZBA#6115 R. and K.DiGregorio I ^.'�:_-�'�D CTM 136-1-36 APR 0 2 2029 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions-a�,,thE,r-�-�:, neighborhood. 6. Grant of the requested alternative relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new garage, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Oliva, seconded by Member Simon, and duly carried, to Deny the original height of the garage that was requested at 22 feet, and to Grant Alternate Relief allowing a maximum height'at 20 feet to the ridge of the garage, and Deny the original request for a five (5) foot setback from the southerly side yard, and to Grant alternate Relief allowing a minimum setbacks of six feet from the southerly side yard, at 25 feet from the front yard line along Oak Street, and at 33.58 feet from the_front yard line along Pierce Drive, as shown on the amended surveyor site map with hand notations added by Charles M. Thomas, Architect, and with ZBA date stamp of February 6, 2008, subject to use of the accessory garage.as per code,.and not i use for sleeping or living area. , The above conditions shall be written into the Building Inspector's Certificate of Occupancy, when issued. - - a Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize,or condone any current or future use, setback or other feature of the subject property that may violate the 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'Goeh ' Chairma va,, Dinizi , Simon and Weisman. This Resolution was duly ado (5-0). Z;', Ge rd P. Goehringer, Chairman pproved for Filing 3-/3 -2008 BOARD MEMBERS SOUr Southold Town Hall Leslie Kanes Weisman,Chairperson \\V y� - 53095 In Road-P.O.Box 1179 � ld,NY 11971-0959 Patricia Acamporat office Location: Eric Dantes G Q PR 1 0 2 2021 Tow' Annex/First Floor, Robert Lehnert,Jr. ��. • y0 54375 M ' Road(at Youngs Avenue) Nicholas Planamento ��'���UNTI,N '­­-So thold,NY 11971 - il,i.') AVO hup:/Isoutholdtownny.gov RECEIVED ZONING BOARD OF APPEALS + TOWN OF SOUTHOLD Tel.(631)765-1809-Fax(631)765-9064 A U G 2 5 20/20 &ibtit®6d Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF AUGUST 20,2020 ZBA FILE:#7397 NAME OF APPLICANT: Wendy Davis PROPERTY LOCATION: 200 Pierce Street, Cutchogue,NY SCTM#1000-136-1-35.1 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 H 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 thru A 14-25, and the Suffolk County Department of Planning issued its reply dated February 24, 2020 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The subject property is located on a nonconforming 21,172 square foot parcel with two front yards (corner property) in the Residential R-40 Zoning District. The northerly property line measures 75.87 feet and is adjacent to Pierce Drive,the easterly property line measures 223.10 feet and is adjacent to Oak Street, the southerly property line measures 125.00 feet and the westerly property line measures 100.00 feet, then moves easterly 50 feet and then measures 111.67 feet (211.67 total feet). The property is improved with a one- and one-half story framed residence with a covered front porch. A shed attached to accessory garage is located in the rear westerly yard, and a framed horse barn is located in the rear yard all as shown on the survey map prepared by John T.Metzger,LS,dated December 23,2019. BASIS OF APPLICATION: Request for a Variance from Article XXIII, Sections 280-24 and the Building Inspector's January 27, 2020 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling; at 1) located less than the code required minimum front yard setback of 40 feet; located at: 200 Pierce Street,Cutchogue,NY. SCTM No.1000-136-1-35.1. RELIEF REQUESTED: The applicant requests a variance to construct additions and alterations to an existing single-family dwelling,on a nonconforming 21,172 square foot lot with two front yards in the Residential R-40 Page 2,August 20,2020 - #7397,Davis SCTM No. 1000-136-1-35.1 1 APR ® 2 262 District. The proposed construction notes a front yard setback of 15.2 (Oak Street). Th'e proposed new sunroom is 304 square feet with an entry deck of 58.5 square feet. ! _,•, :. ) ' ADDITIONAL INFORMATION: The Board received nine letters of support for the relief requested from the applicant's neighbors.The new addition will not be closer to the street than the existing house. FINDINGS OF FACT/REASONS FOR BOARD ACTION: i The Zoning Board of Appeals held a public hearing on this application on August 6,2020 at which time written and oral evidence were presented. Based upon all testimony,documentation,personal inspection of the property and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 5267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The site plan drawings are designed with the character of the neighborhood in mind. The subject property is a corner lot with two front yards. The easterly side of the property on Oak Street is well vegetated and the proposed addition will not be seen from that street; there will be minimal visual impact on the Pierce Street side. . The neighborhood is comprised of older smaller homes that have been improved over the years. Many front yard setbacks are not in conformity with the existing code. !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 property has two front yards(corner lot)with existing setbacks that do not meet the existing codes. 13. Town Law&267-b(3)(b)(3). The variance granted herein is mathematically substantial,representing 62% relief (from the code. However, the dwelling is already non-conforming, and is set back 13.8 feet from the front yard �along Oak Street. The proposed sunroom addition is set back 15.2 feet from Oak Street and is only 304 square feet in 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. 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. 16. Town Law &267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the lapplicant to enjoy the benefit of a sunroom while preserving and protecting the character of the neighborhood and the health,safety and welfare of the community. I IRESOLUTION 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 Acampora, seconded by Member Weisman ,(Chairperson), and duly carried,to i Page 3,August 20,2020 #7397,Davis t SCTM No. 1000-136-1-35.1 ✓ Uv I APR 0 2 2021 GRANT the variance as applied for, and shown on the Site Plan and Engineered Drawings prepared by John J. Condon,LPE, dated January 12,2020. 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 l 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 Ito 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 jnot 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). 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'�'1.. '� - mow, �■ ..,,,,ori. b-.;ti"''�7'° w�✓'a g4 'h: "1 w zd '� A!t 4 �� � � �■■■� _.:'3. try �t^s}'``^'�ft.""+�.,x.2'i�i ij:• uT. #' .+-+,. �mi CO Foundation i• Basement y. •• Ext. Walls Fire • Place Porch • Porch Patio Driveway .. l ELIZABETH A.NEVILLE,MMC may.® ®�,� Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS °�° ® Fax(631)765-6145 MARRIAGE OFFICER 'f� ®�° Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ®,( `�►� www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A.Neville DATED: April 6, 2021 RE: Zoning Appeal No. 7501 Transmitted herewith is Zoning Appeals No. 7501 for Andreas Wanner: Notice(s) of Disapproval The Application to the Southold Town Zoning Board of Appeals _Applicant's Project Description Questionnaire Correspondence- Certificate(s) of Occupancy J�Building Permit(s) Misc. Building Dept. forms (Certificate of Compliance, Housing Code Inspection, etc.) Misc. Paperwork- Copy of Deed(s) _/1 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 ;)wn of Southold "P.O Box 1179 " Southold, NY 11971 * * * RECEIPT * * * Date: 04/06/21 Receipt#: 279216 Quantity Transactions Reference Subtotal 1' ZBA Application Fees 7501 $25000 Total Paid: $250.00 Notes: Payment Type Amount Paid By CK#18851 $250.00 SFAintenors Inc. Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Pfanner, Andreas 115 Sutton St Brooklyn, NY 11222 Clerk ID: JENNIFER Internal ID.7501 fib_)o IX*V-1 _ � �W.5 � 71WZ1 7ab6c5f6-13ef-45a4-a4e4-3689203d54bc kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times LEGAL NOTICESOUTHOLD TOWN ZONING BOARD OF APPEALSTHURSDAY,JULY 1, 2021 at 10:00 AMPUBLIC HEARINGS This PUBLIC HEARING will be held virtually via the Zoom online platform. Pursuant to Executive Order 202.1 of New York Govemor 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 forthis meeting which may,be-viewed at hfp://www.southoldtownny.gov/agendacenter. Additionally.,there will be a link to the Zoom Webinar meeting-at http:/Iwww.southotdtownny,gov/calendar,.aspx. 10:00 A.M.-PHILIP LORIA4,7498- Request for Variances from Article XII, Section 280-18,Article XIII, Soction 280-56;and the Building Inspector's February 5, 2021 Notice of Disapproval based on an application for a permit to.constroct a three story single-family dwelling; at 1)located less than the code,required front yard setback of 35 feet; 2).located less than the code required rear yard setback,of 35 feet;3)located less than the minimum -side�yard sotback,of,25 feet;4)more than the code permitted maximum two stories;located•at: 1090 First'Street;New Suffolk, NY.SCTM No. 1000-117-7-31.10:1`0 A.M,- RICHARD KALICH#7505- Requeest for Variances from Article III, Section 28045;Article M Section 280-18,and the-Building 'inspector's March 8,2021 Notice of Disapproval based on an application for a permitto construct a single family dwelling and an accessory spa;at; 1),dweilin`g Is located Less than the code required minimum combined side yard of 35 feet; 2)accessory spa is located in other than.the code permitted rear yard;located at:4660"Qlue Horizon Bluffs, (Adj.to Long Island Sound)Peconic, NY. SCTM No. "1000-74-"1-35:5210:20 A.M.-MARK HOFFMAN.AND JOHN PIERCE"#47507SE-Applicant requests"a Special Exception under Article III Section 280-138(14).The Applicants are the owners requesting authorization to establish-an Accessory"Bed and Breakfast,accessory and incidental to the residential occupancy in this single-family dwelling,with four(4)bedrooms,for lodging and sewing of breakfast to the B&B casual,transient roomers. Located at: 47100 NYS Route 25&South Harbor Lane,Southold, NY. SCTM#1000-69-6-11. 10:30 A.M.-LINDA DAMBASS18#7509- Request for Varlances from ArticleXXll, Section 280-116A(1) and the Building Inspector's October 22,2020 Notice of Disapproval based on an application for a permit to legalize-as built additionsialterations to an existing single family dwelling and to legalize two (2)as built accessory decks; at; 1)dwelling is located less than the code required 100 feet from the top of the bluff;2)accessory decks are located seaward of the top of.the bluff; located at: 2430 Digrtans Road,(Adj. to Long Island Sound)Cutchogue, NY,SCTM No. 1000-83- 2-T2.10:40 A.M. -JACOB WYLIE.#7512- Request for Variances from Article XXIII,Section 280-124;, and the Building Inspector's March 5, 2021 Notice of Disapproval based on an application for a permit to.construct additions and alterations to an existing single family dwelling; at; 1)located less than the code required front yard setback of 35 feet; 2)) located less than the code required minimum side yard setback of 10 feet; 3) located less than the code required rear yard setback of 35 feet;4)more than the code permitted maximum lot coverage of 20%,* located at: 140 Mechanic Street,Southold, NY.SCTM No, 1000-61-4-34.10:50 A.M.-MICHAEL A. BOYD AND LISA T. BOYD#7511 -Request for a Variance from Article III, Section 280-15; and the Building Inspector's February 19, 2021 Notice of Disapproval based on an application for a permit to construct an in-ground swimming pool; at; 1) located in other than the code permitted rear yard; located at: 12950 Oregon Road, Cutchogue,NY. SCTM No. 1000-83-3-3.1.11:00 A.M. -NEIL P. STRONSKI #7513 -Request for a Variance from Article XXII, Section 280-116A(1) and the Building Inspector's April 12, 2020 Notice of Disapproval based on an application for a permit to demolish and reconstruct a single family dwelling; at; 1) located less than the code required 100 feet from the top of the bluff; located at: 7025 Nassau Point Road, (Adj.to Little Peconic Bay)Cutchogue, NY. SCTM No. 1000-111-1,5-10.1:00 P.M.-ANDREAS PFANNER#7501 — Request for Variances from Article III, Section 280-15; and the Building Inspector's January 21, 2021, Amended February 9, 2021 Notice of Disapproval based on an application for a permit to legalize two (2)"as built' existing sheds; at 1) both sheds located in other than the code permitted rear yard; located at: 2725 Harbor Lane, Cutchogue, NY. SCTM No. 1000-136-1-24.2.1:10 P.M.-ANDREAS PFANNER #7502—Request for a Use Variance from Article III, Section 280-13(C) and the Building Inspector's 356 14 7ab6c5f6-13ef-45a4-a4e4-3689203d54be kimf@southoldtownny.gov -AFFIDAVIT OF PUBLICATION The Suffolk Times January 21, 2021,Amended February 9, 2021 Notice of Disapproval based on an application for a permit to construct alterations to ari.existing accessory garage to convert to an office/workshop! at 1) proposed conversion does not constitute a permitted accessary use; Iodated at: 2725 Harbor Lane, Cutchogue, NY. S"CTM No. 1000-13.6-1-24.2.°1;20 P.M. -JULIA KIELY#7.508-Applicant requests'a Special Exception under Article 111,Section 280-1M13). The Applicant is owner of subject property requesting authorization'to;establish an Accessory Apartment in an existing accessoy structure;at: 16045 NYS Route 25, Mattituck, NY.SCTM#1000-115-1 7.The Board of Appeals will'hear all persons or their representatives,desiring to be heard at each hearing, and/gar desiring to submit written statements before the conclusion of-each hearing, t=ech hearing will not start earlier than designated above. Files ate available.for review on The Town's Weblinis Wsencche under Zoning Board of' Appeals(Zl3A)NBoard ActlopslPending, Click Link: http:/f24.3S.213:228:204CIhveblinkiBr0 Wse aspx?d6Id=03. -.Corttad#our office at(631);765-1,8'09,or by email: kimf(,at'southoidtorlvnny,ga�Deted: ,J.une'17,'2021ZONINO.BOARD OF APPEALS,,LESLIE , Ki4NESWEISMAN,-CHi41R,EPSON€3YY,-,Kim .Fuerttes54375 Mein Road(6fiice Lgcation),?. l34x 1.179;Southold NY-11- X71�tJ 59 357 7ab6c5f6-13ef-45a4-a4e4-3689203d54bc kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times State of New York, County of Suffolk; The undersigned is the authorized designed of Andrew Olsen, the publisher of The Suffolk Times, a Weekly Newspaper published in Suffolk County, New York. I certify,th'at the public notice,a printed copy of which,is,aattached hereto,was printed and published in this,newspaper on the following dates: June 24,2021 This-newsp per has be'ri-,designated by the County-;Clerk:of Suoowecf �Crord fin tfyis,purty;,'arid as: uh�is.eligJlale to ptik�lisf�such notices. - - Eliot T- Potriam" Printed Name Subscribed and swum,to before me, This 30 day of June 2021 otary ignatu e 00-S W ♦ 11 4 STATES OF NEW PORK NOTARPUBLIC:I Notary Public Stamp - Al RANY ,''rr°rrUu n u rNN,P` 355 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. „r , � •� '�� _ �® 54375 Main Road(at Youngs Avenue) Nicholas Planamento ®��C®� Southold,NY 11971 ffv 9 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JULY 1, 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 JULY 1, 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/agendacenter. 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. 1:00 P.M. - ANDREAS PFANNER #7501 - Request for Variances from Article III, Section 280-15; and the Building Inspector's January 21, 2021, Amended February 9, 2021 Notice of Disapproval based on an application for a permit to legalize an "as built" existing shed; at 1) shed located in other than the code permitted rear yard; located at: 2725 Harbor Lane, Cutchogue, NY. SCTM No. 1000-136-1-24.2. The Board of Appeals will hear all persons or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review on The Town's Weblink/Laserfiche under Zoning Board of Appeals(ZBA)\Board Actions\Pending. Click Link: http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. If you have questions, please telephone our office at(631) 765-1809, or by email: kimf@southoldtownny.gov. Dated: JUNE 17, 2021 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 NOTICE A �� YOU MUST SEND TWO (2) SEPARATE USPS CE1tTIFIED/RETURN RECEIPT DIAILINGS; ONE (1) FOR EACH APPLICATION. Please aronfnet our office at (641) 785-1H09 ifyou have any Thankyou. s� Gy Town Hall Annex, 54375 NYS Route 25, A P.O.Box 1179 y Southold,New York 11971-0959 O44 ® �� Fax(631) 765-9064 ZONING BOARD OF APPEALS DATE:June 1, 2021 - R�: YNST�I��G�1'YONS��'ORPIJBI�IC:=H��iRIN"G: The following policies are required by New York State Law Dear Applicant; = Due to'public health and safety concerns related to COVI'D-19,the Zoning Board of Appeals will not be meeting in-person. In accordance with the Governor's,Executive Order 202.1, the July t 2021 Zoning Board'of Appeals Regular Meeting will be' l e'ld via video conferencing (Zoom Wdbin'ar),'and'a transcript will be provided at a later date:'Tlie public.will have an opportunity to see and ihear the meeting`live,and make°comments: i' ;1." :Yellow si n:to osf=on;, our`; ro Ar` ;g..F P,• .iW •,,ti Y pK. , 'a,miriirium•of.-,se.,.vt e ~,f day • 'he your,' ar n to ertY .;lie laced'riot°more''tlian'.l 0 feet: rom°the-front, roe line: within: our` ro ert' borderiri' 'tli more. ari Wone` str'eet,'or>r'oadway,' an "ex0.tra;sign Js:supplied for, -posting''.on.both<'street';frontages: Posting should:be,,done, no..later than..;June 24; 202'1:�To avoid_weather dnmi�e toy sign ulease affix'.f to;a sturdy surface such,is plywood.;.If.your;sign:is.damaedrplease call the':office andwill'provi 'wede you with- ""-,another" :'another"one. Prior to;your 7iublic:hearing; members of the.Board of Appeals will each conduct a personal inspection of Your property. If a Board member reports that there is no signage`visibly on display-as required by law, your scheduled'-hearing will be ad*ourned to'ai dater'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 June 24, 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. Instructions for ZBA Pu�:.,;r.;'Hearing Page 2 A —P Please send by the following documents to all owners of property (tax map with property numbers enclosed) vacant or improved, which abuts and any property which is across from any public or private street. We ask that you send your mailings promptly so that if any piece is undeliverable, you can reach out to your neighbors to request their mailing addresses, and re-mail. Mailing to be done by June 14, 2021. a. Legal Notice informing interested parties of meeting being conducted via video conferencing. (Enclosed) A WEBLINK to the meeting will be provided on the Town's Website under the date of the meeting. b. Your Cover Letter which should include your contact information, date and time of hearing, procedures for submitting written comment via email or USPS to our office. Recipients should be able to contact you for additional information. Furthermore, if recipients need to contact the ZBA staff, they may telephone 631-765-1809 or email us at kimf@southoldtoM=.gov or elizabeth.sakarellos@,town.southold.np.us c. Instructions for Laserfiche/Weblink to view all pending applications. (Enclosed) Link to view pending applications: http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. d. Survey or Site Plan depicting"as-built" and proposed improvements requiring ZBA relief. The Town's Laserfiche/Weblink files provides both location addresses and mailing addresses in their current Assessment Roll listing. (See Link Below). Also, the Town Assessor's Office'can be reached at 631-765-1937. Contact us via email or by phone if you need further assistance. TownOfSouthold>"=Assessors`>XAssessment Books/Tax Rolis'.- 010-2019Y�2019; http://24.38.28.228:2040/weblink/O/doc/,1022250/Pa el.aspx. 4 � � Please note that without your mailing receipts, the ZBA will,be prevented from conducting your hearing,pursuant to Chapter 55_of the Southold Town Code and 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. Kim E. Fuentes Board Assistant i4CjTltm� EuF HE '-�► Rl �+liu The fol-lowing application will be heard by the Southold Town Board of Appeals VIA ZOOM WEBINAR - REFER TO ZBA 11­,WEBSITE FOR AGENDA on httpsoutholdtown.. ny. gOV NAME : PFANNER , ANDREAS #7501 SCTM # n. 1000- 136- 1 -24 . 2 4ARIANCEN LOCATION REQUEST: LEGALIZE °iAS BUILT" SHED DATE : THURS. 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Above: In addition searching by file no.You can also use the above search tool by typing the name or title of the applicant. .:easy%ch�eiNeb n - - - �°•r.:'..i - - - -'=o" _ - i��-µ:.:ii°�} _- rR)y5: .,.5,tearrJF•� - - ;t',a,.: - '-n'µ. a. �i2' �:�.:% - ..1i.; ..i-..,.tee., «u+.,.Y,-''C.��'.,t=a•.•irr,o••..�.' _i'' Cuslomlre Search �. -� Sort resWts b)r Relevance Lv' - - - RocordsNanagerieM5aarCh 1 ®7016 l netdname =-E• Board Actions-83 page(S) i choose ReW _ Page count 83 Template name:Board Actions Page 3...:Cohn and Kristen Cashel PROPERTY LOCATION:162 LolverShingfe HIIL Fisher_ ;j Page 4„•19.2017 n7016•Cashel SCTM No.1000-9•1-26 min(mus approval to remo_ Page 5..X 19,2D17#170161[asheI SCTM Na IODO-9.1.26 dRAHT,f vartwn as.-- S...h te—s ,, Page 9..COUN&KRISTEN CASHR SECTION 009 BLOC, — t, Page YO_Thomas AhlgreNcasheij PO Box 342 Fhhem KlandNY... 51--y—Information- 7018 howmoreInformation._7018 Board Actions-56 page(,) Pagecount56 Template nalne:Board ActfoM - `4�1 Page 48_9MA.K-COUN&s"EL ND YaAahcesender Aide ldSesuori ANN_ , Page 48_en09s)KRISTEN CASHEM016diegyestpropoSed tie is loafed in other Bta_ - 1 �. 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Revised 6/15/2020 Fuentes, Kim From: Westermann, Donna Sent: Wednesday,June 16, 2021 9:06 AM To: Fuentes, Kim Cc: Sakarellos, Elizabeth Subject: FW: PFanner 7501 and 7502 Kim, rn Please see attached. I did not see this until this morning. } Thank you. From: (weathers krimshaw.com [mailto:lweathers@krimshaw.com] , Sent: Wednesday, June 09, 20215:07 PM To: Westermann, Donna Cc: MKIMACK2@VERIZON.NET Subject: PFanner 7501 and 7502 Ms Westermann: Would you please forward this request to the Chair of the Zoning Board, Leslie Kanes Weisman, and Kim Fuentes as Secretary to the Board. As an adjacent property owner, we would have received the information related to Pfanner 7501 and 7502 if it was sent as described by Mr. Kimack, the attorney for Mr Pfanner. Ms Fuentes acted to provide access to the information as a result of my inquiry on June 3. 1 have checked with other neighbors on Oak Street and they have not received any information related to these permits either. The first indication of the existence of the permits was the ZBA notice of the July 1 hearing posted on Oak Street and Harbor Lane on June 2 of this month. I request that the hearing be delayed for 30 days to allow Mr Kimack to deliver the required information for his client and for those of us who wish to support the Planning Department to comment on the permits and their disposition before the Zoning Board Court of Appeals. I believe the issues associated with these permits to be important to the neighborhood and I feel some liberties have been taken in the preparation of these permit requests by the applicants. The continuation of activities by Mr Pfanner to build and then seek approval of as built projects are continued in these requests and illustrate lack of consideration for established rules, practice or community impact. I will formalize this request as a letter if desired by the Chair. Thank you. Lloyd Ray Weathers and Barbara Hiller Weathers, Trustees of the Weathers Revocable Trust, for the property designated as 335 Oak Street, Cutchogue, NY, Section 136, Block 1, Lot 25. i l:J Fuentes, Kim From: steven starroff <sstarroff@yahoo.com> Sent: Saturday,June 19, 2021 5:33 PM To: Fuentes, Kim; Sakarellos, Eliz Subject: Re:ZBA Hearing appe 7502 &7501 cheduled for July 1 2021 After doing a little more digging, I uncovered that Mr Pf� anner_s ultimate plan is to move his woodworking business from Brooklyn to the property above. I believe he is misleading the ZBA as,to the real use of the office/workshop. As I understand his business, it uses caustic processes to cure the wood he uses. He's misled the ZBA on a previous structure he wanted to build on the property a few years ago and was never issued the permit requested after the town board dug a little deeper. I urge the ZBA to d.ig deeper into the use of the office/workshop he wants to convert, and I now firmly believe he wants to convert the garage to a wood manufacturing facility. This is a quiet, residential area, and the increased traffic and potential ground water contamination would be unacceptable. Steven Starroff Mobile - 516-446-5365 On Tuesday, June 15, 2021, 1:06:23 PM EDT, steven starroff<sstarroff@yahoo.com>wrote. I am writing you in regards to a "request of use variance" (SCTM #1000-136-1-24.2) and "request of area variance" for Pfanner residence at 2725 Harbor Lane Cutchogue. I live directly across the street from the from the property and I would like to voice my objection to the request of use variance and request of area variance. First and foremost, I need to point out that the survey updated 1/29/21 does not reflect the current conditions of the property. Over the past few months, an additional wood shed was built on the property and is placed around the "lot 101" location on the survey. I believe this shed is over the size needed for a variance. In addition this is the sixth structure on the property. I also want to point out that Mr Pfanner does not reside on the property. Although he is named as one of the owners of the property, he actually resides at his residences in Brooklyn and Greenport. As for the "request of use" variance, Mr Pfanner HAD ALREADY illegally converted the second story of the existing accessory garage to living space several years ago. Septic, electric, a bathroom and internet was installed about 3 years ago and I believe was done without permits. The accessory "garage" (formally a barn) is being used as living space and people stay upstairs overnight periodically since converting. By converting legally to "office space", he's getting around formalizing a second residence on the property. And if he is actually going to create an office, the potential i increase of traffic on this residential street is not appropriate for area. The entrance on the Oak Street side is near a blind curve and causes a potential hazard. Ir Finally, in deference to those of us that follow local laws and zoning codes, approving work that was originally done illegally sets a precedent for the rest of us. It says that bad behavior can be rewarded if you just wait long enough. Feel free to call or write me if more information is required. Steven Starroff Mobile - 516-446-5365 260 Oak St. , Cutchogue z TOWN OF SOUTHOLD ZONING BOARD OF APPEALS Appeal No. SOUTHOLD, NEW YORK AFFIDAVIT OF In the Matter of the Application of: MAILINGS - �- (Name of Applicant/Owner) t7,? ,5- C4/��,, f0U7-14d C, _ SCTM No. 1000- 11d— ` ` Z-4� 7— (Address (Address of Property) (Section, Block &Lot) COUNTY OF SUFFOLK STATE OF NEW YORK 1, ( ) Owner, ( DZ) Agent �r/CL�i��L A k7HA-C1K— residing at © AIN 1641 P S=1 &P New York, being duly sworn, deposes and says that: On the day of U , 20Z/, I personally mailed at the United States Post Office in �"d(Jy" QLD ,New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll Verified from the official records on file with the K) Assessors, or( ) County Real Property Office, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. (Signature) Sworn to before me this day of ,�'U/V,, , 20 _ ENOTARy D J.JANNUZZI IC,STATE OF NEW YORK n No.02JA6052Md in Suftoik County(Notary Pub ic) pires February 13, R& 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 'I ,4,v o�v Y �'�Y�.QY �y p,2���/ Z6 ao .41AA- OR ,yc Y. �3/ IVY/>7� io3 / 3 /ZY r,Purr ZG� r6X'it/AOd,4vC ys� l-aR"g,6.4 ,26g"o ,ya,�zgo p � ch �r�,N Y '1/?35� 91,4 1e hcB�P��, �6 U���oNQ f;, v.�iriB � y�N /J?2Z X03-/-Za•s H� �u,OOR50U o8 X, ?'70 ON Cr 20417 rC�()sr 1?43 �1NosaNG CIRV 3z �a,QlzY��Ml�Y 6 1Y,/�Ns Cr;, IRI, 662e �/6 6 Z e 8 f-/� 3 2,6 X36 0 q,d os� �GL�ssuTc'yoGv , h� oR e�'� C 11;746 13641�/9' 3 �y,4RYC„p, �L�v✓N> /4RI<,/sc`° /✓Y E/ d,4V)D oaYN,A41112&�►-/o,� X28 N41N70NS1', ��l �� ,4S CUrC11C)&O yy �N�'e eR �Ak sr., /36_ 49 s� Y�N s�� �e°��S 26O NpNcY 'eICK - 220 N� ZA,V&rk u-17 ��T , Al.y /?D B.Q� i CIORReWAI U'�`'✓B A/�Vw 'I TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD,NEW YORK AFFIDAVIT OF In the Matter of the Application of: POSTING AAQR-44S- NN42 SCTM No. 1000- (Name of Applicants) (Section, Block &Lot) COUNTY OF SUFFOLK STATE OF NEW YORK 1, ,�`e��iq�L /�- A'I/M Cil esiding at R m. BGC 117ef7 �p NY ,New York, being duly sworn, depose and say that: I am the ( ) Owner or( ) Agent for owner of the subject property On the N� day of r77UA,,r---- , 20f/, 1 personally placed the Town's Official Poster on subject property located at: 272 - A/ —ROR OWE 'IrSo!;',OLD indicating the date of hearing and nature of application noted thereon, securely upon subject property, located ten (10)feet or closer from the street or right-of-Way (driveway entrance) facing the street or facing each street or right-of-way entrance,* and that; I hereby confirm that the Poster has remained in place for seven (7) days prior to the date of the subject hearing date,which hearing date was shown to be R e.y. 1, 2 AV (Owner/Agent Signature) Sworn to before me this Day of , 20 2, DAVID J.JANNUZZI NOTARY PUBLIC,STATE OF NEW YORK Registration No.02JA6052WS Qualified in Suffolk County otary Public) Hmission Expires February 13 ' bZ,? * near the entrance or driveway ntrance of property, as the area most visible to passerby I Michael A. 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O C3 CU ri �U��O a i F L F [� t) t� Certified Mad Fee 971 Certified Mail Fee ' '-� 60 1 $3.60 'i� Q' $ 0AA bilk 401 Q" $ '7 4� , '"Lot- �•Extra Services&Fees(check box,add fes p te) `r ? �•• Extra Services&Fees(check box,add fee aaappropriatal ,� ❑Return Receipt(hardcopy) 41; ;• ',9 ❑ Return Receipt(harcicopy) $ 7�>'"' �r�t11�I .�> it" '�10 rq ❑Retum Receipt(electronic) $ I III 1 ❑Return Receipt(electronic) $ Sri_1-111 )r) ;;postmark -1 l7 ❑Certified Mad Restricted Delivery $ /postmark .•• E3 ❑Cert�edMail Restricted Delivery $ #i — i H�'�fe (� l3 []Adult Signature Required - $ _ JUN`t O []Adult Signature Required $�$}�1_ ,9�t1N1 r' 2"2 - t J 0 []Adult Signature Restricted Delivery$ 0 []Adult Signature Restdcted Delivery$ Postage � Postage $I i• C G O .$0.75 r 7 `C �'� O Total Postage and".20 �eGs rp Total Postage and FF es•217.1 r M Sent To �!.20 ca Sent To (( ,-q _---__-� - �-___.�!f!__FA AREMW-------------I---_-_-- p StreetandApf7To.,or P Box N6. -----•_,.___ r_lStreet and Apt Np.,o oP-BO No. I City State,ZIP+®-`Z0- "" .te r = -= =--------- �v COW NY �?3s- aty state,Zt�+a5-- - 611A5/V Y �9� � TMs Posta0 U e `b CERTIFIED ® D.REGEIPT . ® p ■ ■ ■ Er Domestic Malt e rypZlw •C u te ft a Imp-l:c YPI 1 3 � �� � _ !�- it {r=ya U 63 E, � ,raft a 9nrp � 1 - t L .:4 -� _ Certified Mall Fee •�tt�='��� j a $3.60 0971 r. $ �� I-ACertifiedMaflFee3.tjfl 7 ��11a 1 �� I Extra Services&Fees(oheckbox,add fee p te) �� 4i 1 I E_- $ Pd yi ❑Return Receipt(hardcopy) $ ° 'I' ��- t J'9 I ,�- Extra Services&Fees(check box,a$fee . ff -,, j tr.�� '`�7 r� ❑Retum Receipt(electronic) $ s I I.111 I e,��` POstma i Return Receipt(hardcopy) $ I( rift ) �V+ostmar ` O ❑Certified Mail Restricted Delivery $ $0 �I l t � � Her ty � ❑Return Receipt(electronic) � / Here y I ❑Adutt Signature Regwred $ Z®�� V_ � ❑CertMed Mflll Restricted Delivery $ ❑AdultSignatureRestrictedDelivery$ -°-- ' \`,```` �' O ❑AdultSignatureRequlred $ ,� Q Postage (° r c Jv\v/ O []Adult Signature RestdctedDelivery$—� f,___ •('G� g $0.75 7c i��. Postage $0.75 Er $ p Total Postage and F s�1_ \0,11>i�)17/_ E• $ 116/li7/?if?1 M $ �.20 r�lTt5 2 p Total Postage and del s X11 Sent To Sent To �� k C C U !� �D./�i�1S_--------- - ------- ------ ------------ O is° pt No.,or Box fJo �"`a P Box [/� ✓ :_ $fre and Pt• � -�.7------ - -Q- --- -- -- - - --- ------- � -�----�-�-� (~�.. �� �q --��-p--�-�-/---- /t e CrtyStafe,ZIP+4� QU/���� /v)/ r ' 0 ECEIPT 1'T') l s 6 0 CE) 0 ,� p • e o e Ir , GreAftlay y o rl i Certified Mad Fes $3.b�js� &g1y71 r. 1 u 1 t $ Certified Mad Fee Extra Services&Fees(check box,addfee App p"' f �,. Y �Q ❑ Return Receipt(hardcopy) $��r �-' Extra Services&Fees(checkboz,edd fee e �prte) r �� r� ❑Return Receipt(electronic) $ II 1111 t' tmar tyt ❑Return Receipt(hardoopy) $ pa �M1c W OReceiptI I°I ISI C) �s�t re i Here tr' rl ❑Return (electronic) $ ❑Certified Mail Restricted Delivery $ Q * to I O ❑Adult Signature Required $� �'Q O E]Certified Mail Restricted Delivery \��'�iere I ❑Adult Signature Restricted Delivery$ E]Adult Signature Required $ S�_r EZI ❑Adult Signature Restricted Delivery$ 1 C3 Postage $11.75 S sro� osagc Ir $ LIAI•J/ 021 0 Pte $i i.7! �STAt�S E3 Total Postage andFees ill D- $ f16 �� �1 M $ $7,, E3 Total Postage and Fgge,.711 Sent ,(��J elr Q T� ca Sent To17=1 It Street andAP-Nb. O�P z rl — t!_!r - - Street andA�r O ox ---------------- - - - o __1 � �6�__LN Cfty,State,ZIP+ e---�---- �--- ��)A' `�//� � [`- /�� "---------- 411 """"" " {/V/1� �/ l Cr State,Z,P+�.j o/_ /' j r 1 ., •r..r. i I . . e � • r_1 • 0 r_1 • - • ' • - - • 1--� Dune���F,,�,�'�6 �,• � '-a a. p��lua=�� � ' S ,� Certified Mad ee F ' � � � � �r�r-�• j� �{� � �1 p-• LE $ $3.60 `�.-�' ILD,11�g�1+,- ,._j Certified Mail Fee $�°6�t 7i Extra Services&Fees(checkbox,add fee qc /�t i j $ ,/- lig- $ j PP�° a� \ Extra Services&Fees(check box,add fee aA.@pprgpda ❑Return Receipt(hardcopy) -� �lr ill tre) f O ❑Return Receipt(electronic) $ --1 ._+ ❑Return Receipt(hardcopy) $ ❑Certified Mall Restricted Delivery $ �� ®�o O ❑Return Receipt(electronic) $ ((.I jl j „a 1!E U Postmark ❑AdultSlgnatureRequlred $ _ re 4` 0 ❑Certified MagRestnctedDehvery $_ so 00 O Hgr 2®21 U ❑Adult Signature Restricted Delivery$ -°-- ❑Adult Signature Required $ +, _ `► L O Postage L� ❑ 1U0Adult Signature Restricted silvery$ O'L � G J � Er $ $0.7� p Postage �W M Total Postage and Fees �I#�JG7%?1171 � O Total Postage and M $7.ZI) s rI $ I m ?ri I aii� ro Sent T,o�/�/ y/�� / �I �T- ,Q $ O e�atlor p :."orpQ�re ft -----V�'�x'" �jQ��+e c0 SentT -/� G°G_C► r= p S1Feeca tl t or OBox o.—"—" Crty,State,ZlP --------N � i ✓ !/ _u�QQ/(.�q6 qg Crry;eta"ta, 15+ f :,• .. , .r s • COMPLETE • ON DELIVERY ■ Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverse X ❑Agent 141 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 Anne Lockwood _ lddress different from item 1? ❑Yes _ sr delivery address below: ❑No 45 Le Mans CC, - Prairie Village, KS. 66208 II 1111111 IIII II I II III I II I�I II I I II III II 119111 3. Service Type ❑Priority Mail Express® ❑Adult Signature 13 Registered MailrM Adult Signature Restricted Delivery ❑Registered Mail Restricted Certified Mair Delivery 9590 9402 6229 0265 6132 84 13 Certified Mail Restricted Delivery ❑Signature ConfirmatlonTm ❑Collect on Delivery ❑Signature Confirmation Artirla Hi imher(Transfer_frnm service label) ❑Collect on Delivery Restricted Delivery Restricted Delivery ❑Insured Mail 118 3090 0001 4 917 1366 El 118 Mail Restricted Delivery (over$500) Ps Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt SE R- ETE C • DELIVERYCOMPLETE THIS SECTION j ■ Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverse"" X' 13Agent so that we can return the card to you. zt�vp ❑Addressee ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Delivery or on the front if space permits. fJ o l ddress different from d,, 1? ❑Yes David-And Melinda Morris rdelivery aadddke sbeot� E3 No 198 17th Street, F Brooklyn, N.Y. 11215 Y ,DUNI 8 2821 III111111 9I I9I9IIII I99II 191 119991 VIII 9 3. ServiceTYPe ry �S TVIrMall Express® 11 ❑Adult Signature CfAeglstered Mall'"' ❑jAdult Signature Restricted Delivery ❑Registered Mail Restricted 9590 9402 6229 0265 6191 49 cerrtf ed Mail Restricted Delivery ❑Signature ConfirmationTm ❑Collect on Delivery ❑Signature Confirmation 2. Article-Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery Restricted Delivery ❑Insured Mail 118 3090 0001- 4917 1281 - ❑Insurr$Mail Restricted Delivery PS Form 3811',July 2020 PSN 7530-02-000-9053 Domestic Return Receipt 7RecelvedbY ■ Complete items 1,2,and 3. ❑Agent ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes �A1® s zIf YES,enter delivery address below: [3 No ,y® v/Vlr 8 A�X `1z 3. Service Typenature ❑Priority Maisteredil Express® [I Adult III VIII IIII III I II III II II II I I II II I i I II I III ❑ MaIITIA Adult Signature Restricted Delivery ❑Reegistered Mail Restricted ii Certified Mall® Delivery 9590 9402 6229 0265 6181 04 ❑ ertified Mall Restricted Delivery ❑Signature CordirmationTm ❑Collect on Delivery ❑Signature Confirmation " ❑Collect on Delivery Restricted Delivery Restricted Delivery / f 2. Article Number_(Transfer from cendco r�ndi ❑Insured Mail `7 018 3090 0 0 01 4 917 119 9 I• ❑Insured Mall Restricted Delivery - (over$500 Domestic Return Recelpt,„ PS Form 3811,July 2020 PSN 7530-02-000-9053 ATTORNEY AFFIRMATION OF CERTIFIED MAILING I Michael A. Kimack, am a duly licensed attorney in the State of New York. On June 7, 2021, 1 personally mailed the required certified mailings at the Southold post office for the property at 2725 Harbor Lane, Cutchogue under Zoning board of Appeal No. 7501. a6ral����Dl Michael A. Kimack, Esq. fLl 117-1 .Q arr MI,I Us re. - 1-1 _2 Irt Certified Mail I U 3 E. Certified Mail Fee $3.60 te) rq -as Er $ L,,,(,'9 7-1 Er $ s(check box,add fee &Fee Extra Services $ ostmark Extra Services&Fees(checkbox ad fee e$V� tO [3 Return Receipt knaro-,PY) LI Return Receipt(hardcopy) $ r-q [I Return Receipt(electronic) 0 Return Receipt(PlOo"in ark oriffled Mall Restricted D81111011V -'r f $ M El Certified Mail Restricted Delivery $ A,",V Required %T r-3 Oc C3 0 Adult signatuns O E]AdultSignatu Required A,; Restricted Delivery$ 1-3 re $ I C3 []Adult Signature Adult Signature Restricted Delivery$ Postage postage .75 O$0.75 Er $ Er $ Total postage and F Vs E3 Total Postage and 21.1 C3 20 M $ E13 Sent To ro Sent To yt. ------------- r-I lihaAPt. 0.'-FP -------------- r=l � Street and Apt.No or P ZBf &INV. ------------------------------------ [:3 �0.1 ----- ----- 4 Xw C L,/P/,State, - —---------- -5 -- --- v"Y' VVIZ/46ce 6ZA�O le e ■ rZI tri . r-q r-=[ U 2")s r-q. CAP AU-P i U it rt. L U S LE ra '; lq� 171971 Certified Mail Fee t 17' Certified Mail Fee $3.60 $3.60 40 r-q I"-$' UT;�O 4.111 Er $ Er $ Extra Services&Fees(checkbox,add fee pwpp tell (chsckb addfae [01 Return Receipt(hard 0 A $ Extra Services&Fe WFP te) ❑Return Receipt(h OPY) $ n $ c, !4-ostrinark ❑ n1c) $ fi wi postmark r=l [:]Return Receipt(electronic) Return Receipt leis U41 $ O n Certified Mall Resin live $ Here C3 E]Certified Mall Restricted Delivery 1--3 []Adult Signature Required 1-3 []Adult Signature Required C3 []AduItSl $ $0.75 Postage $ []Adult Signature Restricted Dolive gnature Restricted Delivery Postage C3 $0.75Er $ 06/1�' w Total PO Er $ IZZI Postage and Total postage and M 'V s.20 'A qJ 1=1 71s 20 $ M $ EO Sent To 4 -6 ----------------------- C) RZ 0 ----- sides-and POY C3 orP ....7MR904---&Y:---------------------- -- -- - --- - ------ -------2 733 Y Ciry ................. REGEIPT C7I. - EC Broat-d 1�,LI22U rq A L U 6")' r'q req OLTA L U Certified Mail Fee $3.60 Certified Mail Fee -1 ��11TN H Ir $ 117-4 $3.61- Extra services K Fees(chockb"addles JR�IR lel z t Er' R, ❑Return Receipt(hardcopy) Extra Services&Fees(check box;add to r-q E]Return Receipt(electronic) $ Postmark ❑Return Receipt(hardcopy) $ 1164, C-3 E]Certified Mail Restricted Delivery $ LU * stmark prrj071 u r-=[ E]Return Receipt(elartronlo) $ i E3 []Adult Signature Required $ S: C3 []Certified Mall Restricted Delivery $ Io 1-3 E]Adult Signature Restricted Delivery$ 2 E3 []Adult Signature Required $ C3 Posta—g. E]Adult Signature Restricted Delivery$ $171.75 Postage rr $ E3 $0.7:r E3 Total Postage and Fees L 2'- $ W21 i M $7.21) 1 C3 Total Postage and $ 1 M segs 20 Sent To 1 $ ------------ .0 Sent To ir r B MIQ f Nly&z i�-------------- C:l 'sMiNandApLY ------- -0,21/-img- z 7 /9----- bi), Street Apt.No PO -j7:-----4% 0 ' 0 ZIPCPv A)- Y "d-, 117_1-1 _?, -- -V ----- ----------- Crty State, Y-10-- .mp�O 24 6 1 Qly Sla ATTORNEY AFFIRMATION OF POSTING I\q I Michael A. Kimack, am a duly licensed attorney in the State of New York. On June 2, 2021, 1 personally posted the property at 2725 Harbor Lane, Cutchogue under Zoning board of Appeal No. 7501 at two (2) front yards. a Michael A. Kimack, Esq. 1 SENDER: �PLETE THIS SECTION COMPLETI= iS SECTION ON DELIVERY ■ Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverse so that we can return the card to you. X 6l t ❑Agent ■ Attach this card to the back of the mailpiece, y(i('ted Name ❑Addressee B. Received b C ) C.Date of Delivery or on front if space permits. `// Weilthers Rev. Trust Iddress different from item 17 (❑ es l 20?�_ Arlington Ct., r delivery address below: ❑No -- f Houston, TX. 77008 f (f 1 II I IIIIII IIII IIIIII III I II IIII II I I III I I I II 1�III El Service Type ❑Priority Mail Express® ❑Adult Signature E3 Registered MailTm ❑ uR Signature Restricted Delivery ❑Registered Mallflestricted 9590 9402 6229 0265 6133 07 ruffed Mail® �Ilrvv ! ruffed Mail Restricted Delivery ❑Signature ConffnnatlonTm article_Number(Transfer from service labeo ❑Collect on Delivery Restricted Delivery ❑Restrict d Delivery tion i 118 309[1- 4:917 1;3 4 2 ❑Insured Mail ❑Insured Mail Restricted Delivery j PS Form 3811,July 2020 PSN 7530-02-000-9053' over$500 Domestic Return Receipt t COMPLETECOMPLETE THIS SECTION ON DELIVERY i ■ Complete items 1,2,and 3. A signature i i ■ Print your name and address on the reverse X ❑Agent so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, B. Received by(Prir}ted Name) C.Date flofl Delivery �nr_on the_frnntif SnaCe�Prmitc __ — ��-•,-��(� � �1 U� + 4 Mimi Columbo idressdifferent from item 1? Ll Yes delivery address below: ❑No 350 Oak Street _ Cutchogue, N.Y. 11935 3. Service Type ❑Priority Mail Express® f IIIIIIIII IIII IIIIII IIIIIIIiIIII II IIIIIIIII II IIIistered MalITM ❑#dultSiult ggnature E3 nature Restricted Delivery ❑RegggisteredMall-Restricted � rtiffed Mail Restricted Delivery ❑Signature ConfinnallorlTM i ,. BBQ 6229 0265 6181 28 ❑Collect on Delivery 280 Signature Confirmation f _��dirJo Nnmhcr_?.�r rr ^•.--. 1:3 Collect on Delivery Restricted Delivery Restricted Delivery i ❑Insured Mall i018 -3090 :0Q01-.,.491?-.-. 101 3 8 ❑Insured Mail Restricted Delivery over$500 - i PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt P SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverse 13 Agent so that we can return the card to you. X - a ei9 ❑Addressee !; ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date f Delivery f —or-on-the_front_if_sDace_Dermits. �/� j ! 3d �'i erent from item 1? ❑ es i Anthony and Mary Martin erdelivery address below: 0 N 2600 Harbor Ln. Cutchogue, N.Y. 11935 3. Service Type ❑Priority Mail Express® II I IIIIII III III I II I I I I I I II (I I I I III II II III 11 Adult Signature ❑Registered MallTM l ❑ uk Signature Restricted Delivery ❑Reg Mall Restricted Ceruffed Mail® Deliv 9590 9402 6229 0265 6133 45 Certiffed Mail Restricted Delivery ❑SignatureConfirmation'"' r�rU7, ❑Collect on Delivery ❑Signature Confirmation _ rticle Nurritier_(Transfer from'service label_ ❑Collect on Delivery Restricted Delivery Restricted Delivery ❑Insured Mail +18 ; 3 0 9 0-.--0 0 0.1 :4 9,17 :1:3 O:4 ;; ❑Insured$oMOail Restricted Delivery (overPS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt's iOMPLETEM SECTION COMPLETE THIS SECTI, I DELIVERY 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. Received j(P, d Name) C. D to o Delivery ■ Attach this card to the back of the mailpiece, ( or on the front if space permits. J _. tddress different from item 1? s r delivery address below: ❑No i i i James and Susan Brown 170 Oak Street Cutchogue, N.Y. 11935 I I 3. Service Type ❑Priority Mail Express® + IlIIIIIII I'll IIllII Il VIII IIIIII III ❑Adult Signature ❑Registered Mall-R ❑Adult Signature Restricted Delivery ❑Regi d Mall Restricted �,centified Mall® ❑Signature Con irmationTM I 9590 94110!26229 0265 6191 25 0 Collect Mail ResVicted Delivery ❑Signature Confirmation ❑Collect on Delivery Restricted Delivery ! I - �—1 ❑Collect on Delivery Restricted Delivery �..�_— T 7�hh•Io Kt,. r:T�a^,� _---"--J_. I ❑Insured Mall , ❑Insured Mall Restricted Delivery 7.018 •.3p9�.:000;1;;4917 .1267 over-$500) Domestic Return Receipt PS Form 3811,July 2020 PSN 7530-02-000-9053 ) SENDER: • •N COMPLETE THIS SECTIONON DELIVERY1 s ■ Complete items 1,2,and 3. A. Signature j ■ Print your name and address on the-reverse13Agent j so that we can return the card to you. X /Q C ❑Addressee i ■ Attach this card to the back of the mailplece, eceived byPrinted Name) C. D to o•Delivery Ii,_or_on the front if space permits. 6 _ Mary Benolich 'ddress different from item 1? ❑ 2375 Hes 5 j _ r delivery address below: [3 No { arbor Lane Cutchogue, N.Y. 11935 3. Service Type ❑Priority Mall Express® II I IIIIII IIII IIIIII III I II I II II I I II II II I II II III ❑Adult Signature ❑Registered Mail ❑AdultSignature Restricted Delivery ❑Registered Mall Restricted rtifted Mall® Delivery i 9590 9402 6229 0265 6181 80 u"Gertifled Mall Restricted Delivery ❑Signature contlrmatlorl*M ❑Collect on Delivery 13Signature Confirmation (_2. Article Number(transfer from service label) ❑Collect on Delivery Restricted Delivery Restricted Delivery ❑Insured Mail 8 3 0 9 0 0 01. 4 91;7 :10,90, - �? ❑Insured Man Restricted Delivery (over$500) PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt ��-- COMPLETE •N COMPLETE THIS SECTIONON DELIVERY ■ Complete items 1,2,and 3. A. Signature 1' ■ Print your name and address on the reverseE3Agent so that we can return the card to you. X ❑Addressee i ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) C.Dale of Delivery + or on the front if space permits. address different from item 1? ❑ es 1 Steven Staloff and Nancy Rickles 'r delivery address below: ❑No 260 Oak Street f Cutchogue, N.Y. 11935 3.II I IIIIII IIII III I II III I II IIIIII I I VIII IIII I I III Service Type ❑Priority Mail Express® 11 ❑ ❑Adult Signature Registered Ma11TM ❑/rdutt Signature Restricted Delivery 11Registered Mall Restricted rtifled Mail® Delivery 9590 9402 6229 0265 6191 56 ❑Certified Mall Restricted Delivery ❑signature CoMtrrnationTM ❑Collect on Delivery ❑Signature Confirmation 0-A iiiWNnri+t;ep iTr �f sf-1-F,,71,_ ❑Collect on Delivery Restricted;Dellyery. ; Restricted Delivery 718 3 0 9 0==a 0.0:1;:::4:911.7 112`1.8 :,'s. Insured D Insured Mail Restricted Delivery • � (over$500) f PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt t� A&- COMPLETE ■ 6Qmplete iteitisl+l,2,and 3. ASI ature ❑Agent ■'Print:your name'Wid address on the reverse ❑Addressee so that we can return the card to you. ■ Attach this card to the back of the mailpiece, by(Printed Name) C. Date of DeliveryB• R cEd or on the front if space permits. — I address different from item 1? ❑Yes Joni Friedman and Andre�,a-Norgove ter delivery address below: [:I No P.O. Box 231 New Suffolk, N.Y. 11956 — `^ 3. Service Type ❑Priority Mail Express® II I IIIIII IIII IIIIII III I II I iI II I I III I II I Ili III ❑Adult Signature ❑Registered Mall R q Adult Signature Restricted Delivery ❑Registered Mall Restricted �Q Certified Mail@ Delivery ❑Certified Mail Restricted Delivery ❑Signature ConfirmafonTM 9590 9402 6229 0265 6180 67 ❑Collect on Delivery ❑Signature confirmation ❑Collect on Delivery Restricted Delivery Restricted Delivery Z4 �rtieja ntrmf+er_`(Tr_ans�ferifrorrrservice label)_ 11 Insured Mall �Dy18 3 0 9 0 .0 0 01 4 917 1243 1 ❑Insured Mail Restricted Delivery (aver$500) Domestic Return Receipt , PS Form 3811,July 2020 PSN 7530-02-000-9053 - COMPLETE •N COMPLETE THIS SECTIONON ■ Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverseX E3Agent so that we can return the card to you, 62 ( ❑Addressee ■ Attach this Card to the back of the mailpiece, B. Rec 'ved by(Printed Name) C. Date of Delivery Or-on the front if cnne a narmi+c _ O Erna Lang Trust = address differe tfro item 1? Y s er delivery add elow: ❑No 220 Oak Street Cutchogue, N.Y. 11935 II I IIIIII IIII IIIIII III I II I II II I I IIIIII I II I I III 3. Service Type ❑Priority Mail Express® ❑Adult Signature ❑Registered Ma11- ❑/lduft Signature Restricted Del(very ❑Reeggistered Mail Restricted If7�CerGfied Mail® D•Iivery 9590 9402 6229 0265 6191 63 Certified Mail Restricted Delivery ❑Signature ConfirrnallonT ❑Collect on Delivery ❑Signature Confirmation ❑Collect on Delivery Restricted Delivery Restricted Delivery 2018 3090 0001 4917 . 1274 0Insured Mall b insu Mall Restricted Delivery (over00)- PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt I I SENDERP COMPLETE THIS i SECTION ■ Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverse X13Agent so that we can return the card to you. C l ❑Addressee ■ Attach this card to the back of the mailpiece, B Received b rint9d Name) C. Date of Delivery Karl and GabrieleSp161nmi - iddressdifferentfromiteml? IEJes er delivery address below: ❑ No 2650 Harbor Lane, Cutchogue, N.Y. 11935 j II III II III I I I iI III I II I II II I I II I I I II I I II I I 3, Service Type ❑Roomy redd Express® 1:1 Adult Signature ❑Registered MailrM ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted K Certified Mail® Delivery 9590 9402 6229 0265 6111 81 ❑Certified Mail Restricted Delivery ❑Signature Confirmation- 0 Collect on Delivery ❑Signature Confirmation e-+:^:^n,....,,, rn,,,�r r_f,,,,,¢on 1—lahAll - _ ❑Collect on Delivery Restricted Delivery Restricted Delivery 7 018 3090 0001 4917 . 1168 ❑❑insured Magi Restricted Delivery (over$500) ^'?S Form 3811,July 2020 PSN 753002-000-9053 r Domestic Return Receipt all o • NUMV • • • • . ■ Complete items 1,2,and 3. A. Signa e ■ Print your name and address on the reverse X 13 Agent so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, S. Received by Printed Name) C. Dat of Delivery __nr nn tha front if enacsormite �'�`J b t(t1 ddressdifferentfromitem17 ❑Yes Bouneto Family Ir delivery address below: ❑No 203 Tornado Ave.,, Massapequa, N.Y. 11758 II IIIIII III III I II III I I III I I I I VIII I I 3. Service Type ❑Priority Mail Express® ❑Adult Signature ❑Registered MaIIT" - , ) ❑Adult Signature Restricted Delivery 13Registered Mall Restricted ; Certified Mall® Delivery 9590 9402 6229 0265 6133 38 rtiged Mail Restricted Delivery ❑Signature Conftrrnation"" ❑Collect on Delivery ❑Signature Confirmation 2:ftrticfe'NamberTransfer from service label) ❑Collect on Delivery Restricted Delivery Restricted Delivery ❑Insured Mail 18 3090 0001 4 917 1311 ❑Insured Mail Restricted Delivery (over$500) PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt 1, COMPLETE • • t ON SECTIONM PLETE THIS ■ Complete items 1,2,and 3. A. Sig tura ■ Print your name and address on the reverseX {gent so that we can return the-card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, B. Recej Q by rinted Nam C. Date of Detive or on the front if space permits. /,;j6� 7! ddress different from id Joseph and Christine Glass— tem 1? Yes �rdeliveryaddressbeiow: _ - ❑No 3 Beachwood Place _ massapequa, N.Y. 11758 - II I IIIIII IIII III I II III I II I II II I II IIIIIIIII III 3. Service Type ❑Priority mail Express® Regist ❑Adult Signature ❑Registered MaII- ❑Adult Signature Restricted Delivery ❑Reg d Mail Restricted 9590 9402 6229 0265 6132 60 certified Mail® fl ❑Certified Mail Restricted Delivery ❑Signature ConftrrnaOonTM 2. Article Numhor M.—F-,s. ___•__. . 11Collect on Delivery 11 Signature Confirmation ❑Collect on Delivery Restricted Delivery Restricted Delivery '018 3090 0001, 4917 1212 ❑Insured Mail ❑Insured Mail Restricted Delivery (over$500) PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt BOARD MEMBERS ®F S0 -1 Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora #t Office Location: Eric Dantes rn sc Town Annex/First Floor, Robert Lennert,Jr. 0 aQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento C®U Southold,NY 11971 http://soutboldtowiiny.gov ZONING BOARD OF APPEALS f April 5 2021 TOWN OF SOUTHOLD )A p Tel. 631 765-180 •Fax 1 765-9064 � ( ) 9 �(63 ) Ms. Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Ms. Lansdale: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #: 7501 Owner/Applicant: Pfanner, Andreas Action Requested: legalize an "as built" shed Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town Within one (1) mile (5,280 feet) of: ( ) Boundary of any airport If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA C irperson By: Encls. Survey/Site Plan: Kenneth M. Woychuk Land Surveying, PLLC dated January 29, 2021 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson O��QF$�V jyOl 53095 Main Road-P.O.Box 1179 p Dantes Southold,NY 11971-0959 Patricia ra Office Location: Eric antes y� Town Annex/First Floor, Robert Lehnert,Jr. COQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento Ol,YCO� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809-Fax(631)765-9064 July 20, 2021 Michael Kimack P.O. Box 1047 Southold,NY 11971 Re: ZBA—Application#7501 Kanner, 2725 Harbor Lane, Cutchogue SCTM No. 1000-136-1-24.2 Dear Mr. Kimack; Enclosed is a copy of, the Zoning. Board's July 15, 2021 Findings, Deliberations -and Determination,the original of which was filed with the Town Clerk`regarding the above variance application. Thank you. Sincerely, Kim E. Fuentes Board Assistant Encl. cc: Building Department l t iq 't. +U' ,tom u J \5� •II` Q\01G� A0 A- 15 'it"� X01" 32 A• - �A6 N gr 00 X21r °s `'d d an' . , 2r3r o %i -24 z a" tan,ae yaz- mom 51 533 160) e�' 03 .y -31 L�� o (_ 47XG, C° I ot)- � 5 sp 13�Q I_ OLcP ,So, NOTICE oij � COUNTY OF SUFFOLI MAINTENANCE ALTERATION SALE OR •q �� Real Property Tax Service DISTRIBUTION OFANY PORTION OF THE -�+ 1 County Center Riverhead,N Y 1190- 1 FUSE SUFFOLK COUNTY TAX MAP IS PROHIBITED Sy SCALE IN FEET ..—R ER WR REALP TITTEN PERMISSION OF THE Y; il' 00 0 00 REAL PROPERTY TAX SERVICE AGENCY Y'•�ffixy��