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Owner: Spiro, Melissa File #: 7560
Address: 340 Glenwood Rd
Code: 18RL
Agent Info
j Danielle Nodgen (Element Energy, LLC)
7470 Sound Ave
Mattituck , NY 11952
Phone:
Fax:
Email: permits@e2sys.com
Y I n
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G eTM c'
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BOARD MEMBERSU Southold Town Hall
Leslie Kanes Weisman,Chairperson O�\Of SOry�l 53095 Main Road•P.O.Box 1179
Patricia Acampora Southold,NY 11971-0959
#ti[ Office Location:
Eric Dantes y� Town Annex/First Floor,
Robert Lehnert,Jr. • �O� 54375 Main Road(at Youngs Avenue)
.Nicholas Planamento %,oU +� Southold,NY 11971
RECEIVED
http://southoldtownny.gov
ZONING BOARD OF APPEALS OCT 2 6 202
TOWN OF SOUTHOLD
9
Tel.(631)765-1809•Fax(631)765-9064 S uthold Town Clark
FINDINGS,DELIBERATIONS AND DETERMINATION
MEETING OF OCTOBER 21,2021
ZBA FILE: 7560
NAME OF APPLICANT: John Spiro
PROPERTY LOCATION: 340 Glenwood Road, Cutchogue,NY SCTM No. 1000-110-6-5
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 not required to be referred to the Suffolk
County Department of Planning under the Suffolk County Administrative Code Sections A 14-14 to 23.
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 ist a 26,149 sq. ft. parcel located in an R-40 Zoning
District. The property has 119.00 feet of road frontage along Glenwood Road,.then turns south for 223.77 feet to the
rear property line where it turns west for 119.05 feet, before returning 216.05 feet north to Glenwood Road. The
property is improved with-a two-story frame house with an attached deck, and a shed as shown on survey prepared
by John C. Ehlers, L.S., last revised October 31, 2014. The house is set back towards the rear of the property with
the majority of the property being front yard.
BASIS OF APPLICATION: Request for a Variance from Article,III, Section 280-15; and the Building Inspector's
July 28, 2021 Notice of Disapproval based on an application for a permit to construct an accessory carport; at; 1)
located in other than the code permitted rear yard; located at:340 Glenwood Road,Cutchogue,NY.SCTM No. 1000-
110-6-5.
RELIEF REQUESTED: The applicant requests a variance to construct an accessory solar carport in the front yard,
where accessory buildings are required to be placed in the rear yard.
ADDITIONAL INFORMATION: As per testimony from the owner,the existing power pole, and overhead line is
being removed and the power is being run underground to the house. The property was created by a waiver of merger
#4540 dated April 30, 1998. When the property was un-merged,the existing residence was already existing on the
lot,and has been subsequently improved under a variety of building permits, including ZBA#6636(April 18,2013)
which granted relief for a 6 foot rear yard setback for a deck addition and'shed in the side yard because the waiver
of merger located the dwelling very close to what became the rear property line of the subject developed lot
�r�
Page 2,October 21,2021
#7560, Spiro,
SCTM No. 1000-110-6-5
FINDINGS OF FACT/REASONS FOR BOARD ACTION:
The Zoning Board,of Appeals held a public hearing on this application on October 7, 2021 at which time written
and oral evidence were presented. Based upon all testimony, documentation,personal inspection of the property
and surrounding neighborhood, and other evidence,the Zoning Board finds the-following facts to be true and
relevant and makes the following findings:
1. Town Law 4267-b(3)(b)(1). Grant of the variance will not produce'an undesirable change in the character of the
neighborhood or a detriment to nearby properties. The property is heavily wooded,and the structure being proposed
complies to all setback requirements for an accessory structure with the exception of the front yard placement.
Additionally,the proposed carport location will not be seen from the street and from adjacent properties because of
existing trees and other natural vegetation on the property. Therefore,the granting of this variance will not produce
an undesirable change in the character of the neighborhood.
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. Due to the existing residence being located only six feet
from the rear property line,permitted by prior waiver of merger and variance relief from the Board of Appeals, and
there is.an as built shed in the non-conforming side yard that was also permitted by prior variance,relief, (see
additional information)the only possible place for a carport would be the front yard.
3. Town Law 4267-b(3)(b)(3). The variance granted herein is mathematically substantial,representing 100%relief
from the code. However, the proposed structure conforms to all the other setback and lot coverage requirements, is
a small open roofed over structure with minimal mass,will not be seen from the street and is proposed to be carefully
placed in the only open, non-vegetated sunny area of the front yard to permit the use of solar panels on the carport
roof
4. Town Law 4267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential
community will have an adverse impact on the physical or environmental conditions in the neighborhood. The
applicant must comply with Chapter 236 of the Town's Storm Water Management Code and conditions of this board.
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.
6. Town Law 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the
applicant to enjoy the benefit of an accessory carport fitted with solar panels while preserving and protecting the
character of the neighborhood and the health, safety and welfare of the community.
RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New
York Town Law 267-B,motion was offered by Member Lehnert, seconded by Member Dantes, and duly carried,to
GRANT the variance as.applied for, and shown on the site plan and architectural plans (Sheets PV-1 thru PV-4)
prepared by Luigi Sciandra,Professional Engineer, dated January 26, 2021.
Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays
and/or a possible denial by the Building Department of a building permit, and may require a new application and
public hearing before the Zoning Board of Appeals.
Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey
cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving
Page 3, October 21,2021
#7560, Spiro
SCTM No. 1000-110-'6-5
nonconformities under the zoning code. This action does not authorize or condone any current or future use,setback
or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other
features as are expressly addressed in this action. In the event that this is an approval subject to conditions, the
approval shall not be deemed effective until such time that the foregoing conditions are met; and failure to comply
therewith will render this approval null and void.
The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not
increase the degree of nonconformity.
Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of
Appeals shall become null and void where a Certificate of Occupancy has not been procured,and/or a
subdivision map has not been filed with the Suffolk County Clerk,within three(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),Dante, and Planamento,Acampora and Lehnert. This
Resolution was duly adopted(5-0).
Leslie Kanes Weisman, Chairperson
Approved for filing 7/J/Z /2021
SCOPE OF WORK
DE51GN t DRAPING BY:
.5 ALL A CAR'_ _ _:><TACHED TO THE HOU5E AT THE 5PIRO RE5IDENCE,
ELEMENT ENERGY LLC
GATED AT 340 GLENWOOD RD, CUTCHOGUE, NY 1 1935 -.,. ,. REVIEW BY J.M.NABCEP CERT-c.
05! 12- 29
SHEET INDEX '''" ' -~ f REVISIONS _
PV-I COVER '�'=� P&"* DE5-'MFT10N DATE RN
PV-2 51TE PLAN ` x gab
- -
PV-3 CARPORT ELEVATION x 1
r . snenn ils.a
PV-4 STRUCTURAII DETAILS<SECTIONS
GOVERNING CODES
2020 RESIDENTIAL CODE OF NEW YORK STATE. ''` eJ -
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2020 FIRE CODE OF NEW YORK STATE.
A5CE 7-I G AND NEPA-70. /
JNDERWRITER5 LABORA70RZ5(UL)STANDARDS
05HA 29 CFR 1910.269 1 i -
r
GENERAL NOTES Q ` ` s '�'� ' sagN«°p ELEMENT ENERGY, LLC.
7470 50UND AVE
� "a`� ''
I. CONTRACTOR SHALL ChECK AND VERIFY ALL CONDITIONS ` MATTITUCK, NY 1 1952
AT THE 51TE PRIOR TO STARTING TO WORK,AND SHALL +� LICENSE # 43889-
FAMILIARIZE HIMSELF WITH THE INTENT OF THE5E PLANS AND LICENSE# 52G89-I
Hrr4ry le :.zu.
MAKE WORK AGREE THE SAME. RECEIVED
2. CONTRACTOR OR OWNER SHALL OBTAIN ALL REQUIRED =-
APPROVALS, PERMITS, CERTIFICATE OF OCCUPANCY,
AGENCIEINSPECTISOHAVING JURISDICTIONOHEREOF,P,WORK PF REQRUIZEpfD FROM AUG 0 2 t(21021
3. ALL WORK SHALL CONFORM TO CONSTRUCTION CODE AND
PRCJEG 4AME
ALL KULE5 AND REGULATION5 OF THE RESPONSIBLE r .,. 8.ge—v,
JURISDICTION. ZONING BOARD OF APPEALS
4. IF IN THE COURSE OF CONSTRUCTION A CONDITION EX! I !A A w n i ` �� C
WHICH DISAGREES WITH THAT AS INDICATED ON THESE ,y !v'f"�r _ L O
PLANS, THE CONTRACTOR SHALL STOP WORK AND NOTIFY PROJECT LOCATION ,
THE ENGINEER. SHOULD HE FAIL TO FOLLOW THIS PROCEDREVIEWED BY ZBA 7 �
AND CONTINUE WITH THE WORK, HE SHALL ASSUME ALL qq s��
RESPONSIBILITY ALSRUCTURAL STEEL SHALL THEREFROMUTY A3G AND SHALL BE ""E E D E C i v 1-i V N -7S O Z
FABRICATED AND INSTALLED AS PER LATEST A.I.5.0 DATA D i / O° O
SPECIFICATIONS.
G. ALL ELECTRICAL WORK SHALL BE BOARD OF FIRE -1 Q- �L
Z
UNDERWRITERS APPROVED AND IN ACCORDANCE WITH N.E. O LU
E NY5 CODES 4 REGULATIONS olc---90'E --1O
7. ANY DEVIATION FROM THESE PLANS WITHOUT THE WRITTEN =
CONSENT OF THE ENGINEER WILL NEGATE THE ENGINEER'S 240 120` V
CERTIFICATION OF Th ESE PLANS. J� O
8, THESE DRAWINGS AS IN5TKUCMENT5 OF SERVICE ARE 210°180 150°
AND SHALL REMAIN THE PROPERTY OF THE ENGINEER
WHETHER THE PROJECT FOR WHICH THEY ARE MADE 15 S
EXECUTED OR NOT. THEY ARE NOT TO BE USED ON ANY
OTHER PROJECTS OR EXTEN5ION5 TO THIS PROJECT
0. CONTRACTOR SHALL PROTECT, PATCH AND REPAIR ALL
EXISTING WORK ADJACENT TO HIS WORK, OR DAMAGED AS 5l,EE-NAME
RESULT OF H15 WORK.
10, CONTRACTOR TO EFFECT AND MAINTAIN INSURANCE, I.E. COVF�
CONTRACTOR'S LIABILITY, WORKMAN'S COMPENSATION, 12. FIGURED DIMENSIONS SHALL GOVERN. DO NOT SCALE
COMPLETED OPERATION, ETC. ADEQUATE FOR THE PURPOSES DRAWINGS, WHERE DIMENSIONS ARE E5TABL15HED BY EXISTING
OF THIS PROJECT AND FURN15`i PROOF OF SAME PRIOR TO CONDITIONS. EACH CONTRACTOR SHALL VERIFY EXISTING
COMMENCING WITH WORK. CONDITIONS PRIOR TO ORDERING MATERIALS AND
1 1, EACH SUBCONTRACTOR SHALL BE RESPONSIBLE FOR COMMENCING WITH WORK. DRAWNG 5CAIE
MAINTAINING SAFETY ON THE JOB SITE DURING THE 13. CONTRACTOR TO REMOVE ALL DEBRIS CREATED BY TH15
CONSTRUCTION PHASE TO COMPLY WITH THE REGULATIONS WORK FROM THE SITE AND DISPOSE OF IN A LEGAL MANNER ON n( '�
AND REQUIREMENTS OF THE OCCUPATIONAL SAFETY AND A WEEKLY DA515 OR 50ONEP IF CONDITIONS WARRANT. 'V I
HEALTH ADMINISTRATION. THIS SHALL INCLUDE, BUT ARE NOT 4. AT THE COMPLETION OF WORK, THE 51TE TO BE CLEARED
LIMITED TO: PROVIDING FOR ADEQUATE AND PROPER OF ALL DEBRIS AND EXCESS MATERIALS. THE FACILITY 15 TO BE ,„ �
BRACING, SAFETY RAILINGS AND SECURE FOOTING5 FOR ALL LEFT BROOM CLEAN AND WORK 15 TO BE COMPLETED TO THE
s+�eer
TEMPORARY SCAFFOLDING, STAIRS, ETC.. AS WELL AS TOTAL SATISFACTION OF THE OWNER PRIOR NUMBER TO RELEASE OF \
PERMANENT CONSTRUCTION. FINAL PAYMENT. AERIAL VIEW `�/
—
TAX MAP: 1000 1 1 0000G00005000
LEGEND
De51GN#DRA.FTING BY:
—E)OSTMG BLNLDINGN ELEMENT ENERGY LLC
REVEW BY,,.M.NABCEP CERTIPIE
—NEW STRUCTURE 0. 051112-125
a ATTACHMENT POINT
---RAFTERS ' R"5tON5
f R00F PITCH ANGLE
Of-5CWTION DATE Rfv
®VENT W270'— 0 90°E -
C -262021
0PLUMBING VENT 240° V 120° __—
®SKY LIGHT 210° 150° ---
®CHIMNEY 180° -
®COMPO91E SHHNGFS
GOOD S
COPOITION
POTENTIAL SNADM ISSUES
L_-TRIM/REMOVE AS NECESSARY
CONTRACTOR
ELEMENT ENERGY, LLC
7470 SOUND AVE
MATTITUCK, NY 1 195_
LICENSE # 43889-tl
LICENSE # 52G89-Mf
PROJECT NAME
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AUG 0 2 2021 °�,�� w o
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70NING BOARD OF APPEALS . LLJ �I
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FINAL MAP 5ntet NAME
SITE PLA N1
REVIEWED BY ZBA
SEE DECISION #`751.ob
�► DRAWING SCALE
SStOhP`' 1/32" = 1 '-0"
CONSTRUCTION NOTES -
1 .) ALL EQUIPMENT 5t1ALL BE IN5TALLED IN ACCORDANCE WITH TME 51iEET NUMBER
MANUFACTURER'S IN5TALLATION IN5TRUCTION5.
2.) ALL OUTDOOR EQUIPMENT 511ALL BE RAINTIGIIT WITI1 MINIMUM NEMA 3R RATING. Pv_
3.) ALL LOCATION5 ARE APPROXIMATE AND REQUIRE FIELD VERIFICATION.
TAX MAP: 10001 10000600005000
LEGEND CON5TRUCTION NOTE5 DE51GN t DRAFTING BY:
—EXISTING BUILDING I .)ALL EQUIPMENT SHALL BE INSTALLED IN ACCORDANCE
ELEMENT ENERGY LLC
REVIEW BY J.M.NABCEP conmE
—NEW smucTURE WITH THE MANUFACTURER'S INSTALLATION INSTRUCTIONS. osl I Iz-I2s
O ATTACHMENT POINT 2.)ALL OUTDOOR EQUIPMENT 5HALL BE RAINTIGHT WITH
MINIMUM NEMA 3R RATING.
---RAFTERS 3.)ALL LOCATION5 ARE APPROXIMATE AND REQUIRE REVI540N5
-*—ROOF PITTYi ANGLE FIELD VERIFICATION. Dr5cpaffloN DAR ,REV
®VENT c✓.r�k<. - t—
OPLUMBING VENT T
®SKY LIGHT
i
®CHIMNEY
COMPOSITE SHINGLES
GOOD CONDITION
._ POTENTIAL SHADING OXAM
_TRIM/REMOVE AS NECESSARY j
CONTRACTOR
ELEMENT ENEPG
7470 SOUND AVE
14' 15'-3' 15'-3' 1 4' MATTITUCR, NY 1 195.
LICENSE # 43889-H
CENSE # 52689-N1`
PROJECT NAME
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DECEIVED c0
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AUG 0 2 2021 ti.
wo .
ZONING BOARD OF APPEALS t1) O <
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PERGOLA13-1 1
12 4
SHEET NAME
'-44" '
ELEVATION!
2 G' 10" I—i N ALL M /, P
4
REVIEWED D Z DA DRAWING SCALE
SEE DECISION # -7<5LL) _ I ' c,
DATED IP
SHEET NuKA::_i�.
PV-3
TAX MAP: 1 000 1 1 0000600005000
L
RECEIVED,`/, h
7`te v DE51GN 4 DRArnNG BY.
WIND DESIGN SUBJECT TO DAMAGE FROM A�G p 2 2021 ELEMENT ENERGY LLC
GROUND SEISMIC WINTER ICE BARRIER FLOOD AIR MEAN
SNOW Special Windborne DESIGN Frost DESIGN FREEZING ANNUAL REVIEW BY J.M.NABCEP CERA=E_
S peed" Topographic wind debris r line n HAZARDSA O5f 12-129
LOAD' p � CATEGORY Weather,nga Termite` TEMP* REQUIRED INDEX' TEMP'
(mph) effects region' '" depth"
FONING BOARD OF gppEALS
20 120 NO NO NO B SEVERE 3 FT 15`F YES 599 51'F REWS QNS
RFNUALJ DESIGN CRITERIA" 2X8 I G`O.C. RAFTERS Dmcw�nON o'T _r,_
Indoor Heating —
Winter Summer Altitude Design
4
Latitude heating cooling correction factor design temperature coohng temperature 10*
temperature difference
I
—I __
108 FT 41`N 15'F 86•F 1.00 70`F 75°F 55•F
Wind Wind 2X 1 2 D. FIR R i
Cooing Y y Coincident Daily winter summer (I) 5X94 POWER BEAM
velocity velocit
temperature difference wet bulb range humidity humidity
heating cooling
i,
1V F 15 MPH '.5 MPH 72°F MEDIUM(M) 40% 32 GR @50%RH AN LE 5IMPACH 5IDE HL ACC _XG ACID @ I GO"O.C.
For SI: 1 pound per square foot=0.0479 kPa. 1 mile per hour=0.447 m/s. corrtwtcroR
6X6 ACC P I 0"O.C.
a. Where weathering requires a higher strength concrete or grade of masonry than necessary to satisfy the structural
requirements of this code, the frost line depth strength required for weathering shall govern. The weathering column shall be 12" DIAMETER 3'DEEP NCRETE PIR ELEMENT ENERGY,
filled in with the weathering index,"negligible,""moderate"or"severe"for concrete as determined from Figure R301.2(4). C RETE TIN TYP.
7470 50UND A\,
The grade of masonry units shall be determined from ASTM C34, C55, C62,C73, C90, C129, C145, C216 or C652. N FO
MATTITUCK. NY I I `
b. Where the frost line depth requires deeper footings than indicated in Figure R403.1(1),the frost line depth strength required LICENSE # 43(58c-
for weathering shall govern.The jurisdiction shall fill in the frost line depth column with the minimum depth of footing below finish ICEN5E # 52G89
grade.
C. The jurisdiction shall fill in this part of the table to indicate the need for protection depending on whether there has been
a history of local subterranean termite damage.
d. The jurisdiction shall fill in this part of the table with the wind speed from the basic wind speed map [Figure
R301.2(5)A].Wind exposure category shall be determined on a site-specific basis in accordance with Section R301.2.1.4. PROJECT NAME
e. The outdoor design dry-bulb temperature shall be selected from the columns of 971/2-percent values for winter from PROPOSED NEW CARPO R SECTION
Appendix D of the Plumbing Code of New York State. Deviations from the Appendix D temperatures shall be permitted to /�
reflect local climates or local weather experience as determined by the building official. [Also see Figure R301.2(1).] FINAL MAP �r• �k < ("(
f. The jurisdiction shall fill in this part of the table with the seismic design category determined from Section R301.2.2.1. X 4r ILI Q
g. To establish flood hazard areas, each community regulated under Title 19, Part 1203 of the Official Compilation of REVIEWED g Y Z gA * Q C
Codes, Rules and Regulations of the State of New York (NYCRR) shall adopt a flood hazard map and supporting data. The v �
Z
flood hazard map shall include,at a minimum,special flood hazard areas as identified by the Federal Emergency SEE DECISION # � Q
Management Agency in the Flood Insurance Study for the community, as amended or revised with: -
i. The accompanying Flood Insurance Rate Map(FIRM), SATE D /
ii. Flood Boundary and Floodway Map(FBFM), and ` U a ] ��.�. 5,� L w
iii. Related supporting data along with any revisions thereto. Z
The adopted flood hazard map and supporting data are hereby adopted by reference and declared to be part of this 29'-6" SS10 ' 0 LJ
section. QZ J
h. In accordance with Sections R905.1.2. R905.4.3.1, R905.5.3.1, R905.6.3.1, R905.7.3.1 and R905.8.3.1, where there 11 11 1 0 0 C _
has been a history of local damage from the effects of ice damming, the jurisdiction shall fill in this part of the table with C) U
"YES."Otherwise,the jurisdiction shall fill in this part of the table with"NO."
I. The jurisdiction shall fill in this part of the table with the 100-year return period air freezing index (BF-days)from Figure i U
R403.3(2)or from the 100-year(99 percent) value on the National Climatic Data Center data table "Air Freezing Index-USA
Method(Base 32°F)." PERGOLA I I '-G" 13'-G"
j. The jurisdiction shall fill in this part of the table with the mean annual temperature from the National Climatic Data
Center data table"Air Freezing Index-USA Method (Base 32°F)."
SHEET NAME
k. In accordance with Section R301.2.1.5.where there is local historical data documenting structural damage to buildings
due to topographic wind speed-up effects,the jurisdiction shall fill in this part of the table with "YES." Otherwise, the
jurisdiction shall indicate"NO"in this part of the table. SECTI Or )
I. In accordance with Figure R301.2(5)A, where there is local historical data documenting unusual wind conditions, the t
jurisdiction shall fill in this part of the table with "YES" and identify any specific requirements. Otherwise, the
jurisdiction shall indicate"NO" in this part of the table. 2 I C"
M. In accordance with Section R301.2.1.2 the jurisdiction shall indicate the wind-borne debris wind zone(s). Otherwise,the DRAWING 5CALE
jurisdiction shall indicate"NO"in this part of the table. F
In. The jurisdiction shall fill in these sections of the table to establish the design criteria using Table 1 a or 1 b from ACCA '\5 NOTED
Manual J or established criteria determined by the jurisdiction.
o. The ground snow loads to be used in determining the design snow loads for roofs are given in Figure R301.2(6)for
sites at elevations up to 1,000 feet. Sites at elevations above 1,000 feet shall have their ground snow load increased
from the mapped value by 2 psf for every 100 feet above 1,000 feet. TOP VIEW - CARPORT SCALE: 1/5" = 1 '-0`
SHEET NUMBER
(*) See Figure R301.2(4)B.
V-4
TAX MAP: 1000 1 10000600005000
L-
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h CJV
FORM NO. 3 R
�,EIVE®
TOWN OF SOUTHOLD
BUILDING DEPARTMENT AU - 1
SOUTHOLD,N.Y. ZONING BOARD OF APPEALS
ZONING BOARD OF APPEALS
NOTICE OF DISAPPROVAL
DATE: April 27, 2021
RENEWED: July 28,2021
TO: Element Energy LLC (Spiro)
Attn: Danielle
7470 Sound Ave.
Mattituck, NY 11952
Please take notice that your application dated April 6, 2021:
For permit: to construct an accessory carport at:
Location of property: 340 Glenwood Road, Cutcho ue NY
County Tax Map No. 1000— Section 110 Block 6 Lot 5
Is returned herewith and disapproved on the following grounds:
The proposed accessory carport, on this non-conforming 26,149 sg ft lot in the R-40
District, is not permitted pursuant to Article III Section 280-15 which states accessory
buildings and structures shall be located in the required rearward
The accessory is located in the front yard.
Authorized e
Note to Applicant: Any change or deviation to the above referenced application may
require further review by the Southold Town Building Department.
CC: file, Z.B.A.
Fee.$ Filed By: Assignment No. ECEIvw
7stoo
APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEM 0 2 202'
AREA VARIANCE
House No �® Street r/eh A1?F�!//Iy��/� Hamlet ��% X14 BONING BOARD OF APPEALS
I1(1111 ' (,(, �jZ/wao
SCTM 1000 Section Block('( Lots) Lot Size ,e � Zone
I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR
DATED / BASED ON SURVEY/SITE PLAN DATED
Owner(s): �7/�j/� S,;/' f2 0
Mailing Address: 3 L ®
Telephone:6J/ Nf??f- Fax: Email: Ayy,-;a/ e 4&1,f
—T
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: / lie-' - for( ) Owner Other•
Address: 7C/7® �kao A-C 144r�dei�'- 1W1175 2-
Telephone:6 317// 7ff3 Fax: Email: , Le,,,- ,/S rcd�i
Plrfise check to specify who youorrespondence to be mailed to,from the above names:
p.pplicant/Owner(s), wish uthorized Representative, ( ) Other Name/Address below:
WHEREBYT DING INSPECTOR REVIEWED SURVEY/SITE L
DATED �j and DENIED AN APPLICATION DATED I FOR:
uilding Permit
( ) Certificate of Occupancy ( )Pre-Certificate of Occupancy
O 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: (l k Section: & 20 Subsection:
Type of Appeal. An Appeal is made for:
(�A Variance to the Zoning Code or Zoning Map.
( )A Variance due to lack of access required by New York Town Law-Section 280-A.
( )Interpretation of the Town Code,Article Section
( )Reversal or Other
A prior appeal W has, O has not been made at any time with respect to this property,UNDER
Appeal No(s). Q Year(s). If fE . (Please be sure to research before
completing this question or call our office for assistance)
Name of Owner: ZBA File#
�G.3 4 ��<srr �U/3
RECEIVED Y,
REASONS FOR APPEAL. ease be specific, additional sheets may be used with preparer's —7 5—7,o
signature notarized): AUG O B 2021
1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detritjNGAiD OF APPEAL
properties if granted,because:
�`lam✓� /S 1'1d/�1�.�'v e��t� /tom
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: 71-4,e CgVe4lf /S
3. The amount of relief requested is not substantial because:
4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the
neighborhood or district because:
SI-Ir- /.s G�%fir 'Cfri� ✓ !�!'!yr/u/!il'd�/G{
5.Has the alleged difficulty been self-created? { }Yes,or- No Why:
Are there any Covenants or Restrictions concerning this land? 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 thi �2O day
of _
Notary Public
DE$EAA8�PtdLYEDf�
APPLICANT'S PROTECT DESCRIPTION
APPLICANT: cGo% DATE PREPARED:
1.For Demolition of Existing Building Areas
Please describe areas being removed: M RECEIVED
0 2 2021
H.New Construction Areas (New Dwelling or New Additions/Extensions): ZONING BOARD OF APPEALS
Dimensions of first floor extension:
Dimensions of new second floor: It of / v ��,, ���✓/e� lyf
Dimensions of floor above second level: X31 0i ��'%y'''/��ic�e �
Height(from finished ground to top of ridge) 6- ®��� /„ Qn,{ (�] r' (y t �P /6 p o•�
Is basement or lowest floor area being constructed?If yes,please provide height(above ground)
measured from natural existing grade to first floor: ed rr.�; ale-ero.to(oA /��drf- ham 4.1669 uMP7 C.p
a r eut k ps x 3 60
III.Proposed Construction Description (Alterations or Structural Changes)
(Attach extra sheet if necessary).Please describe building areas:
Number of Floors and General Characteristics BEFORE Alterations: /*
Number of Floors and Changes WITH Alterations:
IV. Calculations of building areas and lot coverage(from surveyor):
Existing square footage of buildings on your property: �,�it 3 U
Proposed increase of building coverage:
Square footage of your lot: :P 6
Percentage of coverage of your lot by building area:
V.Purpose of New Construction:
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):
�G1147
Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners
for new construction,and photos of building area to be altered with yard view.
4/20 12
QUESTIONNAIRE
FOR FILING WITH YOUR ZBA APPLICATION RECEIVED
A. Is the subject premises listed on the real estate market for sale? AUG 0 2 2029
Yes No
ZONING BOARD OF APPEALS
4B. 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?
2.) Are those areas shown on the survey submitted with this application?
3.) Is the property bulk headed between the wetlands area and the upland building
area?
4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town
trustees for its determination of jurisdiction? Please confirm status of your inquiry or
application with the Trustees: 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? �
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?—IJ 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? NO If
yes,please label the proximity of your lands on your survey.
I. Please list present use or operations conducted at this parcel
and the proposed use
(ex: existing single family, proposed: same
with garage, pool or other)
Authorized signature and Date
FORM NO. 4
TOWN OF SOUTHOLD
BUILDING DEPARTMENT RECEIVED
Office of the Building Inspector
Town Hall
Southold, N.Y. AUG 0 2 2021
ZONING BOARD OF APPEALS
CERTIFICATE OF OCCUPANCY
No Z-22854 Date JANUARY 28, 1994
THIS CERTIFIES that the building ADDITION
Location of Property, 340 GLENWOOD ROAD CUTCHOGUE, N.Y.
House No. Street Hamlet
County Tax Map No. 1000 Section 110 Block 6 Lot 5
Subdivision Filed Map No. Lot No.
conforms substantially to the Application for Building Permit heretofore
filed in this office. dated OCTOBER 21, 1993 pursuant to which
Building Permit No. 21760-Z dated- NOVEMBER 4, 1994
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 INSTALLATION OF WINDOWS IN EXISTING ONE FAMILY DWELLING
AS APPLIED FOR.
The certificate is issued to MELISSA SPIRO
(owner)
of the aforesaid building.
SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A
UNDERWRITERS CERTIFICATE NO. N/A
PLUMBERS CERTIFICATION DATED N/A
uil ng Inspector
Rev. 1/81
FORM NO.4
TOWN OF SOUTHOLD RECEIVED
BUILDING DEPARTMENT l
Office of the Building Inspector AUG 0 2 2021
Town Hall
Southold, N.Y.
ZONING BOARD OF APPEALS
Certificate Of Occupancy
No. .Z.�3530. . . . . . . . . Date . . . . . June 28 . . . . . . . . . . . . . . . . . . .. 19 85.
THIS CERTIFIES that the building . . bedroom addition to dwelling
Location of Property 340 Glenwood Road Cutehogue
/louse lVo. Sireet 'Hamler
County Tax Map No. 1000 Section . . . . . . 0 . . . .Block . . . ... . . . . . . . . .Lot . . . . . . . . . . . . . . . .
Ravatone Realty 539 4&5
Subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Filed Map No. . . . . .Lot No. . . . . . . . . . . . .
conforms substantially to the Application for Building Permit heretofore filed in this office dated
January 3 . . . 19 85 pursuant to which Building Permit No. . , .,I 36662 . .
dated . . . . . . . . .January 9 . . . . . . . . 19 85 ,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 . . . . . . . . .
Bedroom addition to second floor of existing dwelling.
The certificate is issued to . . . . . . . . . . . . . . . .ALFRED SPIRO .
(owner.daconmoomat
of the aforesaid building.
Suffolk County Department of Health Approval . . . . . . . . . . . . . N/A_ . . . . . . . . . . . _ . . . . . . . . . . . .
UNDERWRITERS CERTIFICATE NO. . . . . . . . . . . . . . . N698005
0'* av"I
Building Inspector
Rev.1/81
Fogt1FQ( ��G 'Town of Southold Annex 11/10/2014
P.O.Box 1179
-• 54375 Main Road
a
Southold,New York 11971 RECEIVED
AUG 0 2 2021
CERTIFICATE OF OCCUPANCY ZONING BOARD OF APPEALS
No: 37259 Date: 11/10/2014
THIS CERTIFIES that the building ADDITION/ALTERATION
Location of Property: 340 Glenwood Rd, Cutchogue,
SCTM#: 473889 See/Block/I-ot: 110.-6-5
Subdivision: Filed Map No. Lot No.
conforms substantially to the Application for Building Permit heretofore filed in this otFiced dated
2/6/2013 pursuant to which Building Permit No. 38249 dated 8/13/2013
was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for
which this certificate is issued is:
alterations and additions, including deck and screened porch to an existing one family dwelling as applied for per ZBA
96636,dated 4/18/2013.,
The certificate is issued to Spiro,Melissa,John&Amanda
(OWNER)
of the aforesaid building.
SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL R10-13-0038 11/6/2014
ELECTRICAL CERTIFICATE NO. 38249 6/30/2014
PLUMBERS CERTIFICATION DATED 6/27/2014 eorge Fredricks
7vecl S' nature
APPEALS BOARD MEMBERS
Southold Town Hall
Gerard P, Goehringer,Chairman 53095 Main Road
James Dinizio,Jr. P.O. Box 1179
Lydia A.Tortora G Southold,New York 11971
Lora S. Collins ZBA Fax(516)765-9064
George Homing Telephone(516)765-1809
BOARD OF APPEALS RECEIVED
TOWN OF SOUTHOLD ��
AUG 0 2 2029
FINDINGS, DELIBERATIONS AND DETERMINATION
REGULAR MEETING OF APRIL 30, 1998 ZONING BOARD OF APPEALS
APDL. #4540 - MELISSA SPIRO AND OTHERS PARCEL: 1000-110-6-5
(adjoining Lot is identified as 1000-110-6-11.2)
STREET. & LOCALITY: 340 Glenwood Rd. and 295 East Road,
Cutchogue.
DATE OF PUBLIC HEARING: February 26, 1998 and April 16, 1998.
FINDINGS OF FACT
PROPERTY DESCRIPTION/FACTS: The applicant confirmed that the
substandard Lot under consideration:
a) consists of a size of 26,190+- sq. ft., lot width of 119 feet
along Glenwood Road, Cutchogue.
b) continues the same original perimeter of the established original
lot lines at the time of creation, as evidenced by Deed dated May 6, 1969
and shown on map prepared by Otto W. VanTuyl dated May 6, 1958.
c) is improved with a single-family dwelling and accessory building
as shown on the May 6, 1958 survey (photocopy).
REQUEST BY APPLICANT': Request for Grant of a Waiver as provided
by Section 100-26 for Lot identified on the County Tax Maps as District
1000, Section 110, Block 6, Lot 5. The adjoining lot which was in
common ownership after 1983 is identified on the County Tax Maps as
District 1000, Section 110, Block 6, Lot 11.2. "Lot #4 and #5" are the
current house Lot, 110-6-5.
p RECEIVED
. Flage 2 - Appl. #4540 (Spiro & Others)
Decision Rendered April 30, 1998
Soutliold Town Board of Appeals AUG 02 2021
ZONING BOARD OF APPEALS
REASONS FOR BOARD ACTION, DESCRIBED BELOW:
1. The waiver will not result in a significant increase in the density of
the neighborhood because the most that could result in this project is one
single-family dwelling.
2. The waiver will recognize a lot that is consistent with and exceeds
the size of lots lin the neighborhood because it is as large or equal to
lots in,the arm.
3. The waiver will recognize the exterior dimensions of previously
created deeded lot lines.
4. The land will not require a change or alteration in contours or
slopes, or substantial filling of land.
5. The grant of the waiver will likely avoid economic hardship.
RESOLUTION/ACTION: On motion by Member Dinizio, seconded by
Member Tortora, it was
RESOLVED, to GRANT the Waiver under 100-26 as applied for.
VOTE OF THE BOARD: AYES: MEMBERS DINIZIO, TORTORA, COLLINS
and HORNING. NAY: CHAIRMAN GOEHRINGER stating a grant of waiver
for dwelling entrance very close to a lot line creates further
nonconformities. This RESOLUT N w,4 my ADOPTED (4-1).
J S DINIZI_ , JR.
CHAIRMAN PRO TEM
Approved 5/5 /98 for Filing
----------------------------------x
AS400/txt1k/actions.all/110-6-5
BOARD MEMBERS Southold Town Hall
Leslie Kanes Weisman,Chairperson �O�o� sI?U��O�� 53095 Main Road-P.O.Box 1179
Southold,NY 11971-0959
Gerard P.Goehrin er Office Location:
g Town Annex/First Floor,Capital One Bank
George Horning �. __ yo 54375 Main Road(at Youngs Avenue)
Ken Schneider O��c�ll Southold,NY 11971
,eCEIVED
http://southoldcown.northfork.net
,1-S-10/0 ZONIN;G BOARD OF APPEALS
2029 TOWN OF SOUTHOLD RECElV�D
AUG O Tel.(631)765-1809•Fax(631)765-9064 f1 v 1
ZONING BOAR®of APPEALS AP 2 3 2013
FINDINGS,DIELIBERATIONS AND DETERMINATION "iholrdlMEETING OF APRIL 18,2013 STIOwn Clerk
ZBA FILE: 6636
NAME OF APPLICANT: John Spiro
PROPERTY LOCATION: 340 Glenwood Road, Cutchogue,NY SCTM# 1000-110-06-05
SEORA DETERMINATION; The Zoning Board of Appeals has visited the property under consideration in this
application and determines that this review falls under the Type 11 category of the State's List of Actions, without
further steps under SEQRA.
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 parcel is a non-conforming 26,149 square feet located in the R-
40 zone. The parcel, fronts Glenwood Road for 119.00 feet at its northern boundary, 223.77 feet along its eastern
boundary, 119.05 feet at its southern boundary and 216.05 feet along its western boundary.The parcel is improved
with a 2 story frame house and an accessory frame garage. All as shown on the survey of the property prepared by
John C, Ehlers,L.S.,dated Jan. 30,2013 and last revised Feb. 13,2013.
BASIS OF APPLICATION: Request for Variances from Article XXIII Section 280-124 and Article III Section
280-15 and the Building Inspector's February 14,2013 Notice of Disapproval based on an application for building
permit for additions and alterations to existing single family dwelling and to construct an accessory shed: 1) less
than the code required rear yard setback of 50 feet for single family dwelling, 2)accessory shed proposed in
location other than the code required rear yard.
RELIEF REOt)ESTED: The applicant requests variances for: 1) a 6.02 foot rear yard setback, where the code
requires 50 feet, to a proposed deck addition and 2) to construct a 9% x 18 ft. accessory shed in the side yard
where the code requires a rear yard location.
A nT'%1TTn),I A I 1X1L"nD 11A A TI(11.1. A I-"^- ............4 ..CFL.., ---I; f..... .. .,.....1,1+.... TI,a .,..e..r
RECEIVED
-7s-Lo
Page 2 of 3—April 18,2013 AUG 0 2 2021
ZBA File46636-Spiro
SCTM: 1000-110-6-5
ZONING BOARD OF APPEALS
1. Town Law§267-bQ(b)(l). Grant of the variances will not produce an undesirable change in the character of
the neighborhood or a detriment to nearby properties.The applicant proposes additions to an existing residence and
the construction of an accessory shed, both of which are characteristic of properties in this neighborhood that have
been similarly improved overtime.
2. Town Lary §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible
for the applicant to pursue, other than area variances.The pre-existing single family dwelling exists entirely within
the 50 foot rear yard setback and has a pre-existing rear yard setback of 5.8 feet (as shown on the proposed site
plan), which consequently creates the requirement for a rear yard setback variance for any proposed additions or
alterations to the dwelling. The applicant's architect provided substantial_documentation as-to why an addition in
the existing front yard was not feasible because of the great expense required to re-locate existing mature trees,
underground water and gas lines and overhead power and telephone lines.A variance from a conforming,rear yard
location for the proposed shed is required because there is no room in the rear yard in which to locate a storage
shed.
3. Town Law &267-b(3)(b)(3). The variances granted herein are mathematically substantial. The rear yard
setback variance represents 88% relief from the code. However, this substantiality is mitigated when considering
that the two story dwelling exists in its pre-existing location having a slightly lesser(5.8 feet) nonconforming rear
yard setback than what the applicant requests, that new construction closest to the rear property line is proposed to
be one story in height, and that an existing accessory garage at 2.6 feet from the rear property line will be
demolished, The request for a proposed accessory shed in a location other than the required rear yard represents
100% relief from the code. However, this substantiality is mitigated when considering that the proposed shed
location is within the 50 foot code required rear yard setback from the rear property line.
4. Town Law '426.7-b(3)( M) 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 not been self-created. The difficulty is a consequence of the
pre-existing non-conforming location of the existing dwelling.
6. 'Town Law_§267=b. Grant of the requested variance reliefs is the minimum action necessary and adequate to
enable the applicant to enjoy the benefit of a additions and alterations to a pre-existing dwelling and the placement
of a shed in a location other than the required rear yard, 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 Schneider, seconded by Member Weisman
(Chairperson),and duly carried,to
RECEIVED
��xZICULTURAL DATA STATEMEN i -7
ZONING BOARD OF APPEALS G
TOWN OF SOUTHOLD AUG 0 2 2021
WHEN TO USE THIS FORM: This form must be completed by the applicanR@VW%Cia?usePEALS
permit, site plan approval, use variance, area variance or subdivision approval on property within
an agricultural district OR within 500 feet of a farm operation located in an agricultural district.
All applications requiring an agricultural data statement must be referred to the Suffolk County
Department of Planning in accordance with Section 239m and 239n of the General Municipal
Law.
1. Name of Applicant: /,-Lc
2. Address of Applicant: 2'170 .S'uw�' i1/j i lW l7 -d
3. Name of Land Owner(if other than Applicant):
4. Address of Land Owner: 3 y® /�� �Q- ���f��G� ��/ le��3 f
5. Description of Proposed Project: �S'clllgA /eLl' 7-
6.
6. Location of Property: (road and Tax map
number) 3YO Circe GU,-v� u 4le- /0 air-// 5
7. Is the parcel within 500 feet of a farm operation? { } Yes No
8. Is this parcel actively farmed? { } Yes 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)
7 �2--7 /
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.
617,20 RECEIVED
Appendix B `7 S—LoO
Short Environmental Assessment Foran AUG 0 2 2021
Instructions for Conn]gletinng ZONING BOARD OF APPEALS
Part I-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses
become part of the application for approval or funding,are subject to public review,and may be subject to further verification.
Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully
respond to any item,please answer as thoroughly as possible based on current information.
Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful
to the lead agency;attach additional pages as necessary to supplement any item.
Part I -Project and Sponsor Information
Name of Action or Project: -
Project Location(d/escrri*be, ni adj/atttach la lIoyca'tion map): / / f�
-15
Brief Description/of Proposed Action:
17 ccd
CGiyII'r9Lf7 �f i
Name of Applicant or Sponsor: Telephone: 7� J'U
1
E-Mail: r ,�
Address:
U
City/PO: State: Zip Code:
AO-LIM'm
1.Does the proposed action only involve the legislative adoption of a plan, local law,ordinance, NO YES
administrative rule,or regulation?
If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that \,
may be affected in the municipality and proceed to Part 2. If no,continue to question 2. )(
2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES
If Yes,list agency(s)name and permit or approval:
X
3.a. Total acreage of the site of the proposed action? acres
b.Total acreage to be physically disturbed? , 0,90 IT 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, mwP VF=D'\� NO YES N/A
'a.A permitted use under the zoning regulations? v7
b. Consistent with the adopted comprehensive plan? I AUG 0 2 2021
6. Is the proposed action consistent with the predominant chrto � gi@$Cn�f natural NO YES
landscape?
7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES
If Yes,identify:
8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES
b.Are public transportation service(s)available at or near the site of the proposed action? x
c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action?
9.Does the proposed action meet or exceed the state energy code requirements? NO YES
If the proposed action will exceed requirements,describe design features and technologies:
10. Will the proposed action connect to an existing public/private water supply? NO YES
If No,describe method for providing potable water: X
11. Will the proposed action connect to existing wastewater utilities? NO YES
If No,describe method for providing wastewater treatment: >(
12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES
Places? _K -
b.Is the proposed action located in an archeological sensitive area?
X
13. a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES
wetlands or other waterbodies regulated by a federal,state or local agency?
b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? X
If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres:
14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply:
❑ Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional
❑ Wetland ❑Urban ❑ Suburban
15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES
by the State or Federal government as threatened or endangered?
16.Is the project site located in the 100 year flood plain? NO YES
17. Will the proposed action create storm water discharge,either from point or non-point sources? NO YES
If Yes,
a. Will storm water discharges flow to adjacent properties? JR-NO❑YES
b.Will storm water discharges be directed to established conveyance systems(rano f and storm drains)?
If Yes,briefly describe: O ❑YES
Page 2 of 4
RECEIVI
18.Does the proposed action include construction or other activities that result in the impoundment of NO YES
water or other liquids(e.g.retention pond,waste lagoon,dam)? "7�
If Yes,explain purpose and size: AUG ® 2 2029 t J�PJ"�
ZONING BOARD OF APPEALS
19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES
solid waste management facility?
If Yes,describe:
20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES
completed)for hazardous waste?
If Yes,describe:
I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY
KNOWLEDGE
Applicant/sponsor name: �y�/t��Q���Mate:
Signature:
Part 2-Impact Assessment. The head 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
RECEIVED small
or Moderate
small to large
SLo impact impact
AUG 0 2 2021 may may
occur occur
10. Will the proposed action result in an increase in the potentiMftNg i [90pdiWE?A&inage
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.
&Ixe4� &�Y, Z-Z-L- 6
Name of Lead Agency Date
17/t!-/i(<_ 14e4--elr-1 PY
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)
�f
Page 4 of 4
�vv vyvva.uiiiciii v u�.eLYJ 1 VG Vf1JOf/L_//-1171VIl7LCr111'1JVVI-IrVIU VV 1�4li I"'ItlVli
RECEIVED
—7S—?.,:,o
AUG 0 2 2021
Board of Zoning Appeals Application ZONING BOARD OF APPEALS
AUTHOlIIZATION
(Where the Applicant is not the Owner)
1 _74,jf!✓ J>41/1 6 residing at3vo
(Print property owner's name) (Mailing Address)
do hereby authorize ` r-/7YL�'I / Z,L c
(Agent)
to apply for variance(s) on my behalf from the
Southold Zoning Board of Appeals.
)---I „ vr/ --
(Owner's Signature)
(Print Owner's Name)
AGENT/REPRESENTATIVE
TRANSACTIONAL DISCLOSURE FORM
The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees The purpose
of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever
action is necessary to avoid same.
YOUR NAME : zeaiw, Aw,///�, IN— e-lo wf G f'�n y `C
(Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a
company.If so,indicate the other person's or company's name.)
TYPE OF APPLICATION: (Check all that apply) RECEIVED
Tax grievance Building Permit 'K —1 S—LIO
Variance )1 Trustee Permit LAUG 0 2 2021
Change of Zone Coastal Erosion
Approval of Plat Mooring
O "'°"��G BOARD OF APPEALS
Other(activity) Planning
Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer
or employee of the Town of Southold?"Relationship"includes by blood, marriage,or business interest."Business
interest" means a business,including a partnership,in which"the town officer or employee has even a partial
ownership of(or employment by)a corporation in which the town officer or employee owns more than 5% of the
shares.
YES NO
If 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 —D day of
Signature
Print Name �`'/'�/f
cUN
Lono Sign Document IU bLCiL45I U2UA58KXZ_7A(aM(aLEPRRSWHFVKUWK4C:PKC:U(:
APPLICANT/OWNER
TRANSACTIONAL DISCLOSURE FORM
y
The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and emnlovees The Purpose
of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever
action is necessary to avoid same.
YOUR NAME : S,0j l .. l D0vi'l
(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) RECEIVED
Tax grievance Building Permit k `7 S-�,o
Variance < Trustee Permit AUG 0 2 2021
Change of Zone Coastal Erosion
Approval of Plat Mooring ZnNMr-BOARD OF APPEALS
Other(activity) Planning
Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer
or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business
interest" means a business,including a partnership,in which the town officer or employee has even a partial
ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the
shares.
YES ✓ NO
If you answered"YES",complete the balance of this form and date and sign where indicated.
Name of person employed by the Town of Southold Melissa Spiro
Title or position of that person Land preservation coordinator.
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
X D)the actual applicant
DESCRIPTION OF RELATIONSHIP
Property owned by John,Amanda,Melissa Spiro
Submitted this 27 day of Jul 20 21
Signature �� `nnrz__J
Print Name John Spiro
RECEIVED
Town of Southold -1�,o
LMVRP CONSISTENCE'ASSESSMENT IN OR4UG 0 2 2021
A. INSTRUCTIONS ING BOARD OF APPEALS
1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for
proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This
assessment is intended to supplement other information used by a Town of Southold agency in
making a determination of consistency. *Except minor exempt actions including Building Permits
and other ministerial permits not located within the Coastal Erosion Hazard Area.
2. Before answering the questions in Section C, the preparer of this form should review the exempt
minor action list, policies and explanations of each policy contained in the Town of Southold Local
Waterfront Revitalization Program. A proposed action will be evaluated as to its significant
beneficial and adverse effects upon the coastal area(which includes all of Southold Town).
3. If any question in Section C on this form is answered "yes",then the proposed action may affect the
achievement of the LWRP policy standards and conditions contained in the consistency review law.
Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a
determination that it is consistent to the maximum extent practicable with the LWRP policy
standards and conditions. If an action cannot be certified as consistent with the LWRP policy
standards and conditions, it shall not be undertaken.
A copy of the LWRP is available in the following places: online at the Town of Southold's
website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all
local libraries and the Town Clerk's office.
B. DESCRIPTION OF SITE AND PROPOSED ACTION
SCTM# //0,CT- 6.ar_ 0 6)�. crlr-
The Application has been submitted to (check appropriate response):
Town Board Planning Dept. 'Y Building Dept. Board of Trustees 0
1. Category of Town of Southold agency action(check appropriate response):
(a) Action undertaken directly by Town agency(e.g. capital
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:
Location of action: 0 "rl)'-VerW
RECEIVED
Site acreage:
Present land use: I AUG 0 2 2029
ZONING BOARD OF APPEALS
Present zoning classification: 1(e'Jt c j-je4i'
2. If an application for the proposed action has been filed with the Town of Southold agency, the following
information shall be provided:
(a) Name of applicant: Fx%17y/1/-
(b)
/-(b) Mailing address: ] 7 `1�,IA fr
(c) Telephone number: Area Code 7 7;99'
(d) Application number, if any:
Will the action be directly undertaken,require funding, or approval by a state or federal agency?
Yes ❑ No If yes,which state or federal agency?
DEVELOPED COAST POLICY
Policy 1. Foster a pattern of development in the Town of Southold that enhances community character,
preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and
minimizes adverse effects of development. See LWIaP Section III—Policies, Page 2 for evaluation
criteria.
Yes ❑ No)�rNot Applicable
Attach additional sheets if necessary
Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See
LWRP Section III—Policies Pages 3 through 6 for evaluation criteria
Yes ❑ No. Not Applicable
Attach additional sheets if necessary
Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See
LWRP Section III—Policies Pages 6 through 7 for evaluation criteria
Yes 0 No Not Applicable
021
ZONING BOARD OF APPEALS
Attach additional sheets if necessary
NATURAL COAST POLICIES
Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP
Section III—Policies P ges S through 16 for evaluation criteria
0 Yes 0 No Not Applicable
Attach additional sheets if necessary
Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III
—Policies Pages 16 through 21 for evaluation criteria
0 Yes 0 No (Not Applicable
Attach additional sheets if necessary
Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including
Significant Coastal Fish and Wildlife habitats and wetlands. See LWRP Section III—Policies; Pages 22
through 32 for evaluation criteria.
Yes Np Not Applicable
o i VZ 4 , p
�/l6.MLVil'i �'P�l r�l� �i�D�� ��cm lag/—Oo'2'v/
RECEIVED
Attach additional sheets if necessary ZONING BOARD OF APPEALS
Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies
Pages 32 through 34 for evaluation criteria.
Yes ❑ NoU Not Applicable
�P moo' s
isV
Attach additional sheets if necessary
Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous
substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria.
❑ Yes ❑ No Not Applicable
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,
❑ YesEl No Not Applicable
Attach additional sheets if necessary
WORDING COAST POLICIES
Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in
suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria.
❑ Yes ❑ No Not Applicable
RECEIVED
ZONINc, BOARD OF APPEAtq
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 ❑ Nolo 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 XNot Applicable
Attach additional sheets if necessary
Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP
SKSe tion III—Policies; Pages 65 through 68 for evaluation criteria.
Yes ❑ No ❑ Not Applicable
g2�hr
/ a
l G ItY
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WGI CLAUDIO SCIANDRA, P.E.
5 Wesleyan Court-Smithtown, NY 11787-3011 - (631)543-2953-fax(631)543-1526
E-mail:lcs4d@aol.com
Tuesday, February 02, 2021
Element Energy Systems RECEIVED
7470 Sound Avenue 1(� 10
Mattituck, New York 11952 AUG 0 2 2021
Tel. 631-7794004
Attn.: Mr. Mike Lawton, Principal ZONING BOARD OF APPEALS
Re: Carport,for Spiro Residence,
340 Glenwood Road,Cutchoque, New York 11935
Dear Mr. Lawton:
Pursuant to your request, I have reviewed the following information regarding the subject
carport:
• Cover Sheet with Site Visit/Verification prepared by E2Sys representative identifying
specific site information including size and spacing of roof supporting element for the
existing*roof of the proposed system to include cover sheet, site plan, mounting and
structural details. This information was prepared by E2Sys and will be utilized for
approval by the Town of Southold and for construction of the proposed carport.
Based on the above documentation, I have evaluated the structural capacity of the existing
system to support the additional loads described below, imposed to the solar carport and offer
the following comments. The existing roof types are as follows:
The structural analysis has been carried out using the following design criteria:
Design wind speed: 130 mph
Ground snow load: 20 lbs/sq. ft.
Roof Design Load: 20 lbs/sq.ft.
Roof structure:
2"x8" at 16"on center Douglas Fir rafters,
(3)2"x12"or(1)5'/"A " Power Beam to support the rafters at each end,
(4)6"x6"ACQ posts at 160" on center,
Posts are provided with post base and column cap at each post.
1
i
RKEIVED
I �Uo
12"diameter x36" deep concrete piers, AUG 0 2 2021
Concrete compressive strength: 3000 psi
Concrete must be 5-7% air entrained. ZONING BOARD OF APPEALS
Concrete footings are provided under each pier.
The above values are within acceptable limits of recognized industry standards for similar
structures.The structural analysis,performed for this structure utilizing the above design loads,
indicates that the roof and the carport structure will be structurally suitable to support the
design loads, if installed correctly.
Based on the above evaluation, it is the opinion of the undersigned professional engineer,that
the carport meets the design requirements. This evaluation is in conformance with the 2020
Residential Code of New York State, SEVASCE 7-16 Minimum Design Loads for Buildings
and Other Structures", current industry standards and practice and based on documentation
and data supplied by E2Sys at the time of this report_ Should you have any questions
regarding the above or if you require additional information, do not hesitate to contact me.
Sincerely,
Luigi laudio Scia,4 dra, P. E.
OF NEW r0
C.scrq�y��'1
v �
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060935-'\
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ELIZABETH A.NEVILLE,MMC hy. Gy Town Hall,53095 Main Road
TOWN CLERK ® P.O.Box 1179
y Z Southold,New York 11971
REGISTRAR OF VITAL STATISTICS • Fax(631)765-6145
MARRIAGE OFFICER y �� Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER �Oj �►� 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: August 3, 2021
RE: Zoning Appeal No. 7560
Transmitted herewith is Zoning Appeals No. 7560 Element Energy LLC for John Spiro:
ZNotice(s) of Disapproval
J�The Application to the Southold Town Zoning Board of Appeals
J�Applicant's Project Description
JJ Questionnaire
Correspondence-
JJ Certificate(s) of Occupancy
Building Permit(s)
Misc. Building Dept. forms (Certificate of Compliance, Housing Code Inspection, etc.)
Misc. Paperwork-
Copy of Deed(s)
Findings, Deliberations and Determination Meeting(s)
Agricultural Data Statement
Short Environmental Assessment Form
Board of Zoning Appeals Application Authorization
Action of the Board of Appeals
Agent/Representative
pplicant/Owner Transactional Disclosure Form(s)Transactional Disclosure Form(s)
Z LWRP Consistency Assessment Form
Photos
Property Record Card(s)
Maps-
�TSurvey/Site Plan
Drawings
Town of Southold l
P O Box 1179
Southold, NY 11971
* * * RECEIPT * * *
Date: 08/03/21 Receipt#: 285731
Quantity Transactions Reference Subtotal
1 ZBA Application Fees 7560 $500.00
Total Paid: $500.00
Notes:
Payment Type Amount Paid By
CK#2270 $50000 Element Energy LLC
Southold Town Clerk's Office
53095 Main Road, PO Box 1179
Southold, NY 11971
Name: Spiro, John
340 Glenwood Rd
Cutchogue, NY 11935
Clerk ID: JENNIFER Internal ID:7560
ZBA TO TOWN CLERK TRANSMITTAL SHEET
(Filing of Application and Check for Processing) -
DATE : July 30, 2021
ZBA# NAME OF APPLICANT CHECK# AMOUNT TC DATE STAMP
7560 Element Energy LLC for 2270 $500.00 RECEIVED
SPIRO, JOHN
~ Southold Town Cies
TOTAL $500.00
Sent via Inter-Office to Town Clerk by: ES
Thank you.
AMR
�,�
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MEMO ��h4i ua`a A TI—MIED SIGNATURE
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© 3111fe83-eb65-4a34-80e4-1bf982857e9f kimf@southoldtownny.gov
AFFIDAVIT OF PUBLICATION
The Suffolk Times
LEGAL NOTICE
SOUTHOLD TOWN ZONING BOARD OF APPEALS
THURSDAY, OCTOBER 7,2021 at 10:00 AM
PUBLIC HEARINGS
NOTICE IS,HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280
(Zoning),
Town of Southold,the following"IN PERSON" public hearing will be held by the SOUTHOLD TOWN
ZONING
BOARD OF APPEALS at the Town Hall, 53095 Main Road,Southold, New York 11971-0959,on
THURSDAY,
OCTOBER 7,2021:
The'public may ALSO have access to view, listen and make comment during the public hearing as it is
happening via ZOOM WEBINAR. Details about how to tune in and,make comments during the public
hearing are on the Town's website agenda for this meeting which may be viewed at
http://southoldtownny.gov/agendacenter. Additionally,there will be a link to the Zoom Webinar
meeting at
http://southoldtownny.gov/calendar.aspx.
10:00 A.M.-JOHN SPIRO#7560-Request for a Variance from Article III,Section 280-15;and the
Building
Inspector's July 28,2021 Notice of Disapproval based on an application for a permit to construct an
accessory carport;at;1) located in other than the code permitted rear yard; located at: 340 Glenwood
Road,
Cutchogue, NY.SCTM No. 1000-110-6-5,
10:10 A.M.-GEORGE NTAVOULTZIS#7537-Request for Variances from Article III,Section 280-15;
Article
IV,Section 280-19;Article XXIII,Section 280-124 and the Building Inspector's May 7, 2021 Notice of
Disapproval based on an application for a permit for an "as built"amendment to permit#42455Z to
make
additions and alterations to an existing single family dwelling;at; 1) "as built"accessory structure is
located
in otherthan the code permitted rear yard;2)single family dwelling located less than the code required
minimum front yard setback of 35 feet; located at:870 Bayshore Road, Greenport, NY.SCTM No. 1000-
53-4-
36.
10:20 A.M.-JOHN AND JOYCE HOZAPFEL#7542-Request for Variances from Article XXIII,Section 280-
124 and the Building Inspector's May 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 minimum side yard setback of 10 feet; 2) located less than the code required minimum
combined
side yard setback of 25 feet; located at: 1490 Village Lane, Orient, NY.SCTM No.1000-24-2-14,
10:30 A.M.-MARC AND SHARI WEISSBACH#75405E-Applicants request a Special Exception under
Article
III,Section 280-138(13). The Applicants are owners of subject property requesting authorization to
SOUTHOLD TOWN BD OF APPLS 2
J
3111fe83-eb65-4a34-80e4-1bf982857e9f kimf@southoldtownny.gov
AFFIDAVIT OF PUBLICATION
The Suffolk Times
establish an Accessory Apartment in an existing accessory structure;at:350 Paddock Way, Mattituck,
NY.
SCTM#1000-107-4-2.12.
10:40 A.M.-DOUGLAS BRADFORD#7544-Request for Variances from Article XXIII,Section 280-124 and
the Building Inspector's May 18,2021 Notice of Disapproval based on an application for a permit to
construct a new porch and second floor additions and alterations to a single family dwelling;at; 1)
located
less than the code required minimum side yard setback of 10 feet on two side yards;2) located less than
the
code required minimum combined side yard setback of 25 feet;3)more than the code permitted
maximum
lot coverage of 20%; located at: 3705 Bayshore Road(Adj.to Shelter Island Sound/Peconic Bay),
Greenport,
NY.SCTM No. 1000-53-6-16.
10:50 A.M.-ANTHONY AND ANGELA GERACI#7545-Request for a Variance from Article XXIII,Section
280-124 and the Building Inspector's May 5,2021 Notice of Disapproval based on an application for a
permit
to construct an accessory in-ground swimming pool with a raised patio; at; 1) more than the code
permitted
maximum lot coverage of 20%; located at: 600 Snug Harbor Road,(Adj.to Gull Pond Inlet)Greenport,
NY.
SCTM No. 1000-35-5-35.
11:00 A.M.-MARK ALBERICI#7547-Request for a variance from.Article XXIII,Section 280-124 and the
Building Inspector's June 24,2021 Notice of Disapproval based on an application for a permit to
construct
an accessory in-ground swimming pool with masonry coping and raised patios;at; 1) more than the
code
permitted maximum lot coverage of 20%; located at:115 East Side Avenue,(Adj.to Mattituck Creek)
Mattituck, NY.SCTM No. 1000-99-3-19.
1:00 P.M.-MANNING FAMILY IRREVOCABLE TRUST#7549-Request for a variance from Article XXIII,
Section 280-124 and the Building Inspector's May 14,2021 Notice of Disapproval based on an
application
for a permit to legalize an"as built"conversion of a screened in porch to a heated sunroom attached to
a
single family dwelling;at; 1)located less than the code required minimum rear yard setback of 50 feet;
located at: 1330 Donna Drive, Mattituck,NY,SCTM No. 1000-115-15-15.
1:10 P.M.-MARY HOELTZEL#7550-Request for a Variance from Article XXIII,Section 280-124 and the
Building Inspector's June 16,2021 Notice of Disapproval based on an application for a permit to
demolish
and construct an existing single family dwelling; at; 1) located less than the code required minimum side
yard setback of 15 feet;2) located less than the code required rear yard setback of 50 feet; located at:
6190
Great Peconic Bay Blvd, (Adj.to Great Peconic Bay) Laurel, NY.SCTM No. 1000-128-2-5.
1:20 P.M.-VINCENT RERTAULT#7467—(Adjourned from June 17,2021) Request for Variances from
Article
III,Section 280-15;Article XXIII,Section 280-124;and the Building Inspector's October 22, Notice of
SOUTHOLD TOWN BD OF APPLS 3
_2
3111fe83-eb65-4a34-80e4-ibf982857e9f kimf@southoldtownny.gov
AFFIDAVIT OF PUBLICATION
The Suffolk Times
Disapproval based on an application for a permit to construct additions and alterations to an existing
single
family dwelling, and construct an in ground swimming pool;at 1) proposed additions located less than
the
code required minimum front yard setback of 35 feet;2)the accessory swimming pool is located in
other
than the code permitted rear yard; located at: 95 Navy Street, Orient, NY.SCTM No. 1000-26-1-12.2.
1:30 P.M.-VINCENT BERTAULT#7468SE—(Adjourned from June 17,2021)Applicant requests a Special
Exception under Article III,Section 280-13B(13). The Applicant is owner of subject property requesting
authorization to establish an Accessory Apartment in an existing accessory structure;at:95 Navy Street,
Orient, NY.SCTM#1000-26-1-12.2.
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/web l i n k/Browse.aspx?d b i d=0.
Contact our office at(631)765-1809,or by email:
kimf@southoldtownny.gov
Dated: September 16,2021
ZONING BOARD OF APPEALS, LESLIE KANES WEISMAN,CHAIRPERSON
BY:Kim E. Fuentes
54375 Main Road(Office Location), Mail to: P.O. Box 1179,Southold, NY 11971-0959
SOUTHOLD TOWN BD OF APPLS 4
3111fe83-eb65-4a34-80e4-1bf982857e9f kirnf@southoldtownny.goV
AFFIDAVIT OF PUBLICATION
The Suffolk Times
State of New York,
County of,Suffolk
The undersigned is the authorized designee of The Suffolk Times,a Weekly Newspaper published in
Suffolk County, New York. I certify that the public notice,a printed copy of which is attached hereto,
was printed and published in this newspaper on the following dates:
September 30,2021
This newspaper has been designated by the County Clerk of Suffolk County,as a newspaper of record in
this county,and as such,is eligible to publish such notices.
Signature
Eliot T. Putnam
Printed Name
Subscribed and sworn to before me,
This 06 day of October 2021
Notary 5Signatur
"JAS W
v�p4 STATE ~:
OF NEW 1'{)FtiK '.
NOTARY PUBLIC
Notary Public Stamp At.AANY nth, s
y` 0
IN • Y b^d .' l� �1•.
SOUTHOLD TOWN BD OF APPLS 1
TOWN OF SOUTHOLD
',ONING BOARD OF APPEALS
SOUTHOLD, NEW YORK Appeal No.
AFFIDAVIT, SIP YM
In the Matter of the Application of.
OF
- - MAILINGS
50A V1 s
(Name of Applicant/Owner)
S CTM No. 10-00-
(Address of Property) (Section, .Block&Lot)
COUNTY OF SUFFOLK
STATE OF NEW YORK
Owner, ('14
Agent �',07le/�
Ile—
residing at 467 / 4
New York,
being duly sworn, deposes and says that:
On the � -
J5 _day of , 20/, I personally mailed at the United
States Post Office in +(�,� , New York, by CERTIFIED IVL M
-ETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in
Prepaid envelopes addressed to current property owners shown on the current assessment roll
Verified from the official records on file with the ( ) Assessors, or( ) County Real
Property Office, for every property which abuts and is across a public or private street, or
vehicular right-of-way of record, surrounding the applicant's property.
(Signature)
Sworn to before me this DEBRA SEPU&MA
day of h;: `�' "20 >fi0?A1CY1P8J8U%ff=0F14Wy0=
QwMedis
MyCemmhdon F.xph"
(Notary Public)
PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next
---------to-the-awner-nar-nes-and-addresses-for_which_nodces were-mailed._
All original USPS receipts and mailing confirmations to be submitted to the ZEA Office along with
this form completed, signed and notarized.
13 7 - .S --17,
/ 10 - V-//
// o
=Mrwan no"Twaxiau'l VzM
TOWN OF SOITI HOLI
ZONING BOARD OF Arr.EALS
° SORT HOLD, NEW YORK
AFFIDAVIT ���
OF
In the Matter of the Application of: POSTING
S CTM No. 1000-
(Name of Applicants) (Section, Block&Lot)
COUNTY OF SUFFOLK
STATE OF NEW YORK
I; eo residing at 7-V A2
lllj`ilk Ltt ,New York, being duly sworn, depose and say that:
I am the( ) Owner or(Agent for owner of the subject property
On the day of S , 20-P/, 1 personally placed the Town's
Official Poster on subject property_located at:
.r-
3YO la(
y
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
�c )'i-
(Owner/Agent
(Owner/Agent Signature)
Sworn to before me this 1 Day of -VMbkf— , 20-0-
DhiigA A SEPULVEDA
NOTARY PUBLIC,STATE OF NEW Y0R iR
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BOARD MEMBERS Southold Town Hall
Leslie Kanes Weisman,Chairperson ®��®� ®���®� 53095 Main Road-P.O. Box 1179
® Southold,NY 11971-0959
Patricia Acampora Office Location:
Eric Dantes
.._ Town Annex/First Floor,
Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue)
Nicholas Planamento Southold,NY 11971
COU
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, OCTOBER 7, 2021 at 10:00 AM
PUBLIC HEARINGS
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code
Chapter 280 (Zoning), Town of Southold, the following "IN PERSON" public hearing will be
held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main
Road, Southold, New York 11971-0959, on THURSDAY, OCTOBER 7, 2021:
The public may ALSO have access to view, listen and make comment during the PUBLIC
HEARING as it is happening via ZOOM WEBINAR. Details about how to tune in and make
comments during the PUBLIC HEARING are on the Town's website agenda for this meeting
which may be viewed at http://southoldtownnv.gov/agendacenter. Additionally, there will be
a link to the Zoom Webinar meeting at
http://southoldtownnv.gov/calendar.aspx.
10:00 A.M. - JOHN SPIRO #7560 - Request for a Variance from Article III, Section 280-15;
and the Building Inspector's July 28, 2021 Notice of Disapproval based on an application
for a permit to construct an accessory carport; at; 1) located in other than the code
permitted rear yard; located at: 340 Glenwood Road, Cutchogue, NY. SCTM No. 1000-110-
6-5.
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/webi i n k/Browse.as px?d b id=0.
If you have questions, please telephone our office at(631) 765-1809, or by email:
kimf@southoldtownny.gov.
Dated: September 16, 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
Town Hall Annex, 54375 NYS Route 25
P.O.Box 1179
jSouthold,New York 11971-0959
- ry F M1,
54, Fax(631) 765-9064
ar
ZONING BOARD OF APPEALS
DATE: September 3, 2021
RE: INSTRUCTIONS FOR PUBLIC HEARING
Dear Applicant;
Pursuant to the New York State Governor's announcement lifting many COVID-19 restrictions,
the Town will now resume IN-PERSON meetings that are open to the public. For those who wish
to attend the meeting virtually, for health and safety reasons, we will continue via Zoom Webinar,
as well. Therefore, the October 7, 2021 Zoning Board of Appeals Regular Meeting will be
held BOTH in person in the Town Hall Meeting Room at 53095 Main Road, Southold AND via
video conferencing (Zoom Webinar), and a transcript will be provided at a later date. The public
will have an opportunity to see and hear the meeting live, and make comments.
'�-
t
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1. Yellow sign to post on your property a minimum of seven(7) days prior to your hearing,to be
placed not more than 10 feet from the front property line (within your property) bordering the
street. If you border more than one street or roadway, an extra sign is supplied for posting on
both street frontages. Posting should be done no later than September 30, 2021.
To avoid weather damage to your sign please affix it to a sturdy surface such as plywood.
If your sign is damaged please call the office and we will provide you with another one.
Prior to your public hearing, members of the Board of Appeals will each conduct a
personal inspection of your property. If a Board member reports that there is no signage
visibly on display as required by law,your scheduled hearing will be adjourned to a later
date to ensure compliance with Chapter 55-1 (B) 1 of the Town Code.
2. SC Tax Map with property numbers.
3. Legal Notice of in person meeting,as well as video conferencing. 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 September 27, 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.
a
Instructions for ZBA Public Hearing
Page 2
-�.�---�-� x,,.z�-�:e :�-;,;:- -cei'nt the
MAILING INSTRUCTIONS: Please send by iJSpS x'Gertif'edF`N ait ettirn rRe;
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
September 20,2021.
a. Legal Notice informing interested parties of meeting being conducted IN PERSON and 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@southoldtownny_gov or
elizabeth.sakarellos@,town.southold.U.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>Assessment Books/Tax Rolls>2010-2019>2019
http://24.38.28.228:2040/weblink/O/doc/1022250/Pa eg l aspx.
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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 note that you or your representative are required to attend. If you or your
representative are not present, the hearing will be adjourned to the next available
hearing date.
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
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Above, Lists all Pending Applications under Board Actions/Pending URL Address, Link is
http://24.38.28.228:2040/webli n k/Browse.aspx?d bi d=0
Laserfiche Instructions
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Page 3
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Laserfiche Instructions
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Revised 6/15/2020
i4CiTit'W. E U' F HEARING
The following application will be heard by the Southold Town Board
of Appeals at Town Hall, 53095 Main Road, Southold
The application will ALSO be available VIA ZOOM WEBINAR - Follow
pink - http.m//southoldtownny.gov/calendar.aspx
NAME SPIRO , JOHN # 7560
SCTM # : 1 000- 1 1 0-6-5
'JARIANCE: LOCATION
REQUEST: CONSTRUCT AN ACCESSORY
SOLAR CARPORT
SATE THURS. , OCT. 75 2021 10:00 AM
You may review the file(s) on the town's website under Town Records/Weblink:
ZBA/ Board Actions/ Pending. ZBA Office telephone (631 ) 765-1809
5URVEY OF PROPERTY S,C.D.MS.REF.#RIO-13-0038
51TUA�TE: FLEETS NECK
�
AT CUTGHOGUE
TOWN: SOUTHOLD F
SUFFOLK GOUNTY, NY S
SURVEYED JAN. 30, 2013
REVISED FEB. 13, 2013,
MAY 21, 2013,JULY 8, 2013
JULY 11, 2013, w
FOUNDATION LOG. 10-10-2013 w
FINAL 05-05-2014, 10-31-2014
w ®D R®AD
SUFF=OLK COUNTY TAX # ®
1000 - 110 - 6 - 5
CE3THIED TO: 119.0'
AbffANDA J.SPIRO 570S7900
JOHN E.SPIRO
LSSA A.SPIRO ,
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ZONING BOARD OF APPEALS OF
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� MONUMENT FOUND
JOHN C. EHLERS LAND SURVEYOR
AREA TAX LOT NO. 5 = 26,14ci 5. F. OR 0.6003 Acres 6 EAST MAIN STREET N.Y.S.LIC.NO.50202
&RAPHIG 5GALE IIt I= 50 RIVERHEAD,N.Y. 11901 369-8288 Fax 369-8287
REF:C:\Usm\loihn\Dropbox\12\12-153 final 08-0G-2014.pro
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BOARD MEMBERS S� Southold Town Hall
Leslie Kanes Weisman,Chairperson 0�,��F UTifO1 53095 Main Road-P.O.Box 1179
p Southold,NY 11971-0959
Patricia Acampora Office Location:
Eric Dantes CA Town Annex/First Floor,
Robert Lehnert,Jr. ;V1% • COQ 54375 Main Road(at Youngs Avenue)
Nicholas Planamento l Southold,NY 11971
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http://southoldtownny.gov
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel.(631)765-1809•Fax(631)765-9064
October 25, 2021
Danielle Nodgen
7470 Sound Avenue
Mattituck,NY 11952
RE: Appeal No. 7560,Spiro
340 Glenwood Road, Cutchogue
SCTM No. 1000=110-6-5
Dear Ms.Nodgen;
Transmitted for your records is a copy of the Board's October 21, 2021 Findings,
Deliberations and Determination, the original of which was filed with the Town Clerk
regarding the above variance application.
Before commencing any construction activities, a building permit is necessary. Please be
sure to submit an application along with a copy of the attached determination to the Planning
Department and the Building Department.
If you have any questions,please don't hesitate to contact our office.
ST
Kim E. Fuentes
Board Assistant
Encl.
cc: Building Dept.
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COUNTY OF SUFFOLK (9) IN NOTICEE DSTMCT NO 1000 SECTION NO
Re-.d Property Tax Service Agency UAINTMANCE ALTERATION.SALE OR y TOM OF
E DISTRIBUTION OF ANY PORTON OF T11E ml W SOUTHOLD
300 CenterDV.Aur h.d XY 11901 SUFFO.K COUNTY TAX MAP IS PROHIBITED A M
110
WITHOUT WRITTEN F`6Z0,CSSION OF THE P TCd- -------
I VIL-AGE OF
Feet REAL'ROPERTY TAX SERVICE AGEl"ICY