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HomeMy WebLinkAbout7564 i a5 ®cd bCY- (Zk 9tw-9aAAK o �151�} c�fk5�f �a�f�i�al-Fe_r�fio,nsr�c� �.u�i�. s. rt,�Gri�.rer 4-o _ uS�of -1cis-hr access 5fin�c r�xre--b arfisf ,®® ctc��s bldg usej nru �a"..h&n r V4-Mees 6.,v• q a 9 �O I75 �zL/L �JS�b ?i0 �oN / iF S�. G AN O r j Owner: Roberts, Russell File #: 7/f564 Address: 1295 Old Harbor Rd l� ) Code: 13ED Agent Info Patricia Moore, Esq 51020 Main Road Southold,. NY 11971 Phone: 631-765-4330 o Fax: 631-765-4643 Email: pcmoore@mooreattys.com c-6 , p� - ,► �z1 -4(31-mRow Wd" 641,11-LA -11119174 BOARD MEMBERS �0 50� Southold Town Hall Leslie Kanes Weisman,Chairperson � TIED 53095 Main Road•P.O. Box 1179 Patricia Acampora Southold,NY 11971-0959 Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. �pQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento ly�,oU Southold,NY 11971 RECEIVED http://southoldtownny.gov ,oQ 6 SMS 14M ZONING BOARD OF APPEALS 4S0hold 2TOWN OF SOUTHOLD .'Tel.(631)765-1809 •Fax(631)765-9064 To Clerk FINDINGS, DELIBERATIONS AND..DETERMINATION MEETING OF DECEMBER 16,2021. ZBA FILE: #7564 NAME OF APPLICANT: Russell Roberts PROPER I Y'LOCATION:. 12050 ldHarbor Road,New Suffolk,NY SCTM#.1000 1:17=3-10 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-Actioris,without . further,steps under SE R.A. . SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred.as required under the Suffolk. County Administrative Code_Sections A 14-14 to23,and the Suffolk County Department of Planning issued its reply: dated August_13, 2021 stating that;thts application is considered a matter forlocal d_etermnatiori as there:appears to', . be noagnificant county wide or inter community impact.. LWRP DETERMINATION: This application,was referred for review under Chapter 268 Waterfront Consistency-. review_of the.Town of Southold Town Code-pd the.Local 'Waterfront Revitalization Program (LWRP) Policy Standards.The LWRP.Coordinator.'issued a recomrnendahon dated November.18 2021, $ased upon the information provided on the LWRP Consistency:AssessmeritEorm submitted to this department,as well.as the records.available;: it rs. recommended that the proposed action<is CONSISTENT with LW1ZP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: The subject property is, a non-conforming-28,134 square foot waterfront parcel ocated in the R-40 Zoning District. By operation of law,thesubj9ct-parcp1 has'merged with SCTM.No. 1000: 117-34.8 in accordance with Article II,.Section 280-10'of the Southold Town Code. The parcel runs 311.02'feet along Old Harbor Road;runs 82. 91 feet on the West side, 83.55 feet on.the North side then turns 38.48 feet on the. East side and then runs 205.01 feet.on"the North side, The parcel has 119.13 feet of Bulkhead frontage along Cutchogue Harbor and is.improved with a two-story frame house; a screened,room, a masonry patio, a wood deck, and a frame garage/storage building. All is shown on a survey byJohn C.Ehlers L.L S dated August.22,20 T8, BASIS OF APPLICATION: Request for Variances from Article III, Section 280-15.and Request to. Overturn the. Building Inspectors July 14,202.1,amended July 30,2021 Notice of Disapproval based on an.application to construct roof line alterations to an existing accessory structure,land to alter use of the existing accessory structure to an artist studio;.at 1) located:less than the code required minimum side yard setback of 5 feet; 2) .the.proposed use in the accessory building i&not a permitted accessory use; located at: 1295 Old Harbor Road, (Adj to Cutchogue Harbor) New Suffolk,NY. SCTM No. 1000-117-3-10. Page 2,December 16,2021 #7564,Roberts SCTM No. 1000-i 17-3-10 RELIEF REQUESTED: The applicant requests a variance to raise the roof line on an existing garage/storage structure that is located 2 feet 9.inches (or 2.75 feet) from a side yard line where code requires.accessory structures be located a minimum of 5 feet from aside yard line on parcels measuring-10,000 to 19,999 sq.. ft. The applicant also requests that this Board overturn the Building Inspector Notice of Disapproval for the proposed use; so that an. artist.studo can be permitted in the renovated accessory structure. ADDITIONAL INFORMATION: At the hearing the applicant's agent testified that an adjacent parcel to the west, particularly known as.SCTM No. 117-3-8.8, had merged, by operation of law, with the subject parcel, 'SCTM 117- 3-10and that the applicant does not meet the criteria for a waiver of merger. The proposed.square footage of the artist's studio on the subject lot is 1,200 sq.ft.according to the.calculations on the architect's drawings. A.maximum of 1,000 sq.feet is permitted by code for accessory structures on parcels measuring 1.0,00 .0.to 19,999 sq.ft. However, with.the merger of lot 8.8:with the subject lot 10, and the inability of the.applicant to qualify for a waiver of merger, the size of the proposed artist's studio would conform to the code. A friend.of the applicant's neighbor spoke of concerns that the space would be rented out as opposed to being used as the owner's artist studio. The applicant testified that he is indeed an artist and the proposed.studio is a.space for him to work on his art.He further informed the Board that the space will not.be used.as a gallery to sell his work and that the,space will not be rented separately from.the house. The applicant also testified.that the existing plantings along their shared property line.will be maintained,removed and reinstalled at his expense if disturbance is necessary -during.the :renovation'of.fhe proposed artist's studio, and that he would install additional landscaping, if needed,-to maintain visual privacy between the two.properties The applicant and his agent and architect explained at the hearing and in the application that the roof of the.accessory building:must be.raised to accommodate the scale of the paintings the applicant creates.This in tum creates,a different roof pitch-which causes,the proposed overhang to minimally reduce the existing non=conforming side yard setb.aek FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning .Board of.Appeals held:a public hearing on this application;on December-2,202:1 at which time written and oral,evidence were:presented. Based.upot.all testimony,documentatioa personal inspection;of the property; and surrounding..neighborhood, and other evidence,the.Zoning Board f nds the following;facts tobe true,41 d. relevant and makes tlio following findings: VARIANCE RELIEF 1. Town.Law 4267=b(3)(b)(1). Grant of the variance.for.the non-conforming.side yard setback will.not produce an.un 'do it le.change..in the:character of the neighborhood or a.detriment to,nearby properties. The neighborhood consists of single family waterfront properties. The :accessory. garage/storage.,building has existed in.its current. location with.a%Ce1.rtificate of Occupancy dated.February 13; 1973.without adverse impact and the proposed roof line alterations and will.be virtually indiscernible. 2. Town.Law.4267-b(3)(b2(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 garage is in an existing non-conforming location.very. close to the side property line. Any change to the exterior that would decrease.the non-conforming setback, no . matter how,benign,would require the benefit of an area variance. 3.. Town Law &267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 42% relief from the code. However, the garage's non-conforming side yard setback is existing and is proposed to remain in Page 3, December 16,2021 97564, Roberts SCTM No. 1000-117-3-1.p place for all renovations other than the proposed roof overhang which will technically decrease the degree of non- conform ity of the existing non-conforming side yard setback. 4. Town Law X267=b(3)(b)(4). No evidence, has been submitted to suggest that a variance in this .residential community will have an adverse.impact on the physical or environmental conditions in the neighborhood: The applicant must comply with Chapter',-236 of the Town's Storm Water Management Code and the.renovation of the. deteriorated accessory structure will.improve the appearance and safely of the building. 5. Town Law 8267-b(3)(b)(5)-. The difficulty.been self.-created. The applicant purchased the parcel after the Zoning. Code was in effect and it As presumed thafthe 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 8267-b. Grant of the requested relief is the minimum action necessary and adequate to.enable the applicant to enjoy the benefit of a renovated accessory structuY while preserving and protecting thecharacter of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the.balancing test under New.. York Town Law 267-B,motion was offered by Member Dantes,seconded by Member Planamento,andduly carried; to: GRANT the variance:as aPlied for the:side yard, setback,. and shown on the Site Plan,.and Architectural;Plans . prepared liy Thomas C. Samuels, Architect,:.lalieled sheet l and 2.dated A6' 1.27,2021. REVERSE.THE NOTICE OF DISAPPROVAL ; . In>thi.s subject.application,.a Notice of Disapproval was issued the Building,Inspector oil July 14,,2021; revised. July30;2021 to:construct roof hne alterations to an.existing. structure and to alter use of the existing. accessory structure to.an"artist studio which ls,not a permitted:accessory use." P Ina previous decision by the Board of A peals,ZBAFile#7454.(Thomas Ryckman and Pamela Wilson dated February 4,2021) involving a pro.posvd artist studio in an existing accessory structure,the Board interpreted the code as follows: .Nothing in Section 280-17, Section 28.Q-13.(C)or Section 28.0-13(d) specifically allows-or prohibits an artist . studio as an accessory use, or as an accessary use in an accessory structure. In contrast, by way of example,' 280`=13(c)-proyides that home occupations are an allowed accessory use but specifically states that the-activity, must take place in the.main building and therefore cannot take place in an accessory structure. Since an"artist studio"is not listed:_as all allowed accessory use, if it is to be considered.an allowed accessory use the Board would have to conclude that the use is"customary and incidental to the principal use,"which in the matter ...before the Board is a single-family residence." The Board concluded that as set forth below, if the following elements and conditions are met, the proposed artist's studio.use is customary and incidental to a single-family residence and therefore, an allowed accessory use in accessory structures. a) Such use is incidental to the principal residential use on the premises b) The artist's studio/workshop in an accessory structure is not rented to or used by anyone other than the property owner of the principal dwelling. Page 4, December 16,2021 #7564, Roberts SCTM No. 1000-117-3-10 c) No individual or group instructions, classes or demonstrations related to the production/fabrication of crafts/art works in the studio/workshop may take place on the property d) The property owner may not employ or engage unpaid assistance by any other persons(s) in relation to theproduction/fabrication of art/crafts.in the accessory structure, e)- There is no exterior effect at the property line such as noise,traffic; odor, dust,smoke; gas,fumes or radiation f) No display of products/art work/crafts etc. is visible to the street g) ' No sales to the public are-permitted on the subject property h).' Plumbing in the accessory structure is limited to.a.half bath(toilet-and.sink) and a utility sink. i). .Activities. in the artist's studio/workshop in the accessory structure are limited:to the production of crafts and works of art such as painting, sculpture,photography, ceramics, weaving/textiles, glass art (but not. lass blowing); and personal woodworking/car'entry and auto mechanics.on vehicles belonging only.to the property owner. j) No sleeping or.cookingj$permitted in the accessory structure k) An accessory structure used as an artist'sstudio/workshop may only cgntain that one use in addition to non-habitable(unfinished; open.raftersand stud walls).storage of general household items,garden tools.and/or vehicles: 1) An accessory apartment in the.accessory structure is not.permitted unless the artist's studio/workshop . use.is.removed and a special exception permit is obtained-from the Zoning Board of Appeals.. m).The following uses are_not,by this determination, considered to.be permitted uses in an artist's studio/workshop in an accessory structure, as defined herein and:are prohibited: workout/fitness actio ties,:recreational actives, and.home off ces_(as.,defined in theTown,C. de), . During testimony at-the public hearing, in the subject_application and in additional wrttten:submissions;.the applicant and the applicant's agent addressed eac cf the sgecific_con dtions listed above, and dentonstratied to the Board's satisfaction that the applicant..does me.et and will.continue to comply,with.all.said..required, conditions of use . RESOLUTION OF THE BOARD: In considering all of the above factors and applying the-balancing test.under.New. York Town Law 267 B;motion was offered by Member Dantes,seconded bylVMmber Planamenio,and duly carried, to REVERSE THE NOTICE OF DISAPPROVAL regarding the proposed use of an"Artist' Studio.as shown on the Site Plan and Architectural Plans prepared by Thomas C. Samuels,Architect, labeled sheet 1 and 2, dated April 27, 2021 SUBJECT TO THE FOLLOWING CONDITIONS:. 1. The applicant.shall adhere to the conditions stated above that.qualify the proposeduse as Artist Studio.Use that is.accessory and incidental to the owner's principal residential use: 2: Prior to receiving.a building permit,.the owner(s)of the subject property cited herein must sign.a statement acknowledging: a.That the applicant(s)have read this determination and understand the limits of the variance relief granted herein; b. That the applicant(s)will immediately contact the Building Department if a demolition, as defined by Section 280-4 of the Town Code, occurs during construction; or any construction undertaken in any other way exceeds the scope of the approvals granted herein, or the issued building permit; Section 280-4 of the Town Code defines"Demolition" as any removal of a structure or portion thereof, where the total cost of the reconstruction of the structure or portion thereof exceeds 50%of the market value of the existing structure before the start of removal. Page 5,December 16,2021 #7564,Roberts kTM No. 1000-117-3-10 c.That the applicants are aware that the Zoning Board of Appeals retains jurisdiction until.the issuance of the Certificate.of Occupancy.and has.the right, after a public hearing,to modify;suspend or revoke such approvals or any term or condition thereof or to impose thereon one or more new conditions,pursuant to Article XXV, Section 280-1.41,of the Town Code. This approval shall not be.deemed effective until the required conditions have been met.At-the discretion of - the-Board of Appeals,failure'to comply with the above conditions may render this decisio'n.null and void That,the.above conditions be written into the Building_Inspector's Certificate of Occupancy, when.issued Thj.e Board ret.serves the.right to substitute a similar design.that is de minimis in nature:for an:.alterati'on.that does..not . increase.the degree ofnonconformity: 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 tz new cpplrcation and public hearing before Me Zoning Board`ofAppeals . Any deviation from the wariance(s).granted herein.as shown onthe architectural drawings,site plan and/or survey citedabove, such as alterations, extensions, or deriiohttons, are.not authorized.under this application when involving noncanformtties under the zoning code This gctton d,.es not authorize or;condone any current:or future;. use, setback or other feature of the subject property that may violate the,Zdning Code; other_than such uses, setbacks;and other features as.'are expressly;addressed ihi this action: -In the event tho this is an approval subject to:conditions, the approval shall not:be deemed effective;until such trine that the foregoing condatrons are;:met, and failure tocomply therewith tivtll render thts'approval null and void Pursuant#o Chapter U0-446(B______) f.the Gode gfahe Town of:Southold any variance granted.by the-Board of Avpeals4.all.become 1i I and void where a Certificate pf pceupancy.':has not been procured, and/or.a - subdtvision inap has.not been filed withthe Suffolk County Clerh,within three (3) years from the'date such vaiUi ee.was.granted The Board.of Appeals may,upon written request prior to the date of.exp}ration,grant'. an.'extension not to exceed:three(3)consecutive'one(1)-year terms: Vote of the Board. Ayes: Members Weisman(Chairperson) Dantes, Acampora, Planamento and Lehnert, This Resolution was duly adopted(5-0). eslie Ka6s,Weisman,.Chairperson Approved for filing J /dp /2021 ZONING BOARD OF APPEALSF ,t Town Hall Annex, 54375 Route 25 -P.O.Box 1179 Southold, New York 11971-0959 Fax (631)765.9064 Telephone(631) 765.1309 ZBA FILE: #7564 NAME OF OWNER OF SUBJECT PROPERTY: RUSSELL ROBERTS PROPERTY LOCATION: 1295 Old Harbor Road,New Suffolk NY RECEIVED DATE OF ZBA DETERMINATION: December 16, 2021 SCTM No. 1000-117-3-10 APR 2 8 2022 PROPERTY S STATEMENT EMEI�T OWNSR' T . rT Zoning Board of Appeals I/we,the undersigned,am/are the owner(s) of the property cited above and acknowledge that Uwe: 1. have received and read ZBA determination number: #7564 Dated:December 16. 2021; 2. understand the limits of the variance relief granted therein; 3. agree to immediately contact the Building Department if a demolition, as defined by Section 280-4 of the Town Code,occurs during construction,or any construction undertaken in any other way exceeds the scope of the approvals granted herein, or the issued building permits; 4. know that the Zoning Board of Appeals retains jurisdiction until the issuance of the Certificate of Occupancy and has the right,after a public hearing,to modify,suspend or revolve such approvals or any term or condition thereof or to impose thereon one or more new conditions, pursuant to Article XXV,Section 280-141 of the Town Code; 5. must submit a signed and notarized copy of this statement must be submitted to both the Office of the Zoning Board of Appeals and the Building Department prior to my/our applying for a building permit; 6. that the Building Department will not issue a building permit without receipt of this signed statement. Print Name of Owner(s) SSG Z-- Signature Signature of Owner(s) Dated: �4/1 Z 2— Dated: Sworn to before me this day Sworn to before me this day of 1 1 2 �. of 20 i jo PuboNotary Public BETSYA.PERKINS Notary Public,State of New York No.01 PE6130636 Qualified in Suffolk Coun Commission Expires July 18, -T BOARD MEMBERS *OF SDUT Southold Town Hall Leslie Kanes Weisman, Chairperson ,`O l0 53095 Main Road• P.O. Box 1179 Patricia Acampora Southold,NY 11971-0959 Robert Lehnert, Jr. c/s Office Location: Nicholas Planamento • �O� Town Annex/First Floor Margaret Steinbugler COU 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 EXTENSION DETERMINATION One Year Extension Special Meeting of May 15,2025 ZBA FILE: #7564 NAME OF APPLICANT: Russell Roberts PROPERTY LOCATION: 1295 Old Harbor Road,New Suffolk,NY SCTM# 1000-117-3-10 BASIS OF APPLICATION: Request for Variances from Article III, Section 280-15 and Request to,Overturn the Building Inspectors July 14, 2021, amended July 30, 2021 Notice of Disapproval based on an application to construct roof line alterations to an existing accessory structure, and to alter use of the existing accessory structure to an artist studio; at 1) located less than the code required minimum side yard setback of 5 feet; 2) the proposed use in the accessory building is not a permitted accessory use; located at: 1295 Old Harbor Road, (Adj to Cutchogue Harbor)New Suffolk,NY. SCTM No. 1000-117-3-10. DATE OF PUBLIC HEARING: December 2,2021 This request for a variance was originally Granted with conditions on December 16, 2022. By email correspondence received April 29, 2025, Tom Samuels, on behalf of his client, requested an extension of the variance relief,and the overturn of the notice of disapproval. RESOLUTION OF THE BOARD: A motion was offered by Member Weisman (Chairperson) seconded by Member Planamento, and duly carried,to GRANT,the applicant's request that the above cited determination be extended to December 16,2025. SUBJECT TO THE FOLLOWING CONDITIONS: 1. The applicant shall adhere to the conditions stated above that qualify the proposed use as Artist Studio Use that is accessory and incidental to the owner's principal residential use. Vote of the Board: Ayes: Members Weisman, Planamento, Planamento, and Steinbugler. This Resolution was duly adopted(4-0). A.eslieanes Weisman, Chairperson Approved for filing /2025 J Fuentes, Kim From: tom samuelsandsteelman.com <tom@samuelsandsteelman.com> Sent: Tuesday,April 29, 2025 9:03 AM To: Fuentes, Kim Cc: Russell Roberts; sid@sbeebebuilders.com Subject: Extension of Variance#7564,Artist's Studio at 1295 Old Harbor Road, New Suffolk Dear Ms Fuentes, The Variance for the above referenced project has recently expired. Unfortunately, the construction phase of the project is not complete. The contractor(here copied,together with the owner) is in the final stages of interior finishes, and will complete that phase shortly. The Building Department is closely monitoring the construction. We would like to extend/renew the variance. Please present this request to the Zoning Board, and let me know any issues they might have. If approved, please send me a copy of their determination. Respectfully submitted, Tom Samuels, Architect ATTENTION:This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. i 1 BOARD MEMBERS �^: Southold Town Hall Leslie Kanes Weisman, Chairperson ®�\�'®f $®���®� , 53095 Main Road•P.O. Box 1179 Patricia Acampora ® Southold,NY 11971-0959 Eric Dantes Office Location: Robert Lehnert, Jr. C0121Town Annex/First Floor Nicholas Planamento 0` a@ 54375 Main Road(at Youngs Avenue) ®< C®UNTI Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD October 27, 2023 Tel. (631) 765-1809 Tom Samuels Samuels & Steelman Architects 25235 Main Road Cutchogue, NY 11935 Re: De Minimus Request, File #7564 Roberts Artist Studio 1295 Old Harbor Road,New Suffolk SCTM No. 1000-117-3-10 Dear Mr. Samuels; We are in receipt of your correspondence dated October 16, 2023 requesting a de minimus approval related to ZBA determination#7564, dated December 16, 2021, in which area variances were granted that permitted roof line alterations of an accessory structure, and allowed the conversion of the accessory structure to an artist studio. In your letter, you have indicated that, in order to convert the building to an artist studio, the project will involve the excavation of a new foundation and other significant changes to the structure. These changes will result in the demolition of'about 30% of the existing structure. Moreover, pursuant to the request of the Chief Building Inspector, you submitted a Certification letter dated October 27, 2023 proposing that the removal and replacement of a portion of the existing accessory structure shall not exceed 50% of the existing structure nor its value. I have reviewed your submission of October 16, 2023 seeking a de minimus approval, which included photographs showing the field condition of the structure, as well as your Certification letter; and have determined that the changes as depicted are de minimus in nature. Please submit two (2) signed and sealed architectural plans depicting the changes as approved, and contact our office if you have any further questions or concerns. e , slie Kanes Weisman, Chairperson cc: Building Department T� Vic-Steelmao AMW 25235 Main Road, Cutchogue, NY 11935 October 27, 2023 SSkim r+n�r+n 'tEE t t I Zoning Board of Appeals 53095 Main Road, Southold, NY 11971 ROBERTSARTIST STUDIO ZD OCT X20?3 Re. l"Vo5DF ZBA File #7564 _affolk04RD �p Dear Kim, Per vour instructions, 1 have. preparPri this CERTIFICATION regarding the requested de minimus.ietter for-tire above referenced project. I can hereby certify that the proposed removal and replacement of a portion of the existing structure shall not exceed 50% of the existing structure nor its value. In fact, only 30% of the existing walls otherwise intended to remain would be replaced by this proposal, and only 19% sf. t e.root. [i i7iD ,not alrea-!�st�.peu-nittea-.Lay your_Var.iazice. _ .v.er ovul -cad , Yhl-s.regLlestec,. change will NOT result in a technical "demolition". If this meets your conditions, please prepare a de minimus letter for me to pick up or to be sent. XSjnaaU Jor ` :.oi, ;Le:...rs .pwr a.aan' '.5� Respectfully submitted, ��OF N1 EW Y10 co `Q C�SrERED��G Sant uels & Steelman Architects 25235 Main Road, Cutchogue, NY 11935 October 16, 2023 Leslie Kwnes Wes,in, ra"a-person Zoning Board of Appeals P%ECEIVED 53095 Main Road, Southold, NY 11971 OCT Y 6 2023 Re: ROBERTS ARTIST STUDIO ZBA File #7564 �°n'n- Board ofA 12 Old Harbor Road, New Suffol=k, Appeals Dear Leslie, I am hereby seeking a de minimus letter for the above referenced project, which is to convert an existing ac_ce.ssory building into an artist's studio. The.project involves the excavation of a new foundation, some resulting in a lower slab than existing, and significant sister/re-framing of three combined structures, which make up the existing building. See attached photo#1 for overview. Your variance allows us to raise the pitch on one side of the central structure. The bui'iding has fir-arty been cleared, allckxAng us a good look at the field conditions_ Sid Beebe is the General.Contractor for the job. His forces have braced the existing €raining, ready for lifting. See photo#2 for view of braced portion of structure. In consultations with a house mover/lifter, it has become apparent that there is difficult challenge in raising the central portion of the building, as its roof is actually composed of two roofs, one of whose rafters do not have structurai continuity, depending for integrity on a central post, shown in attached photos#3 and #4. Bracing it sufficiently would impede access for the equipment needed to excavate the floor and foundation. One entire portion of the roof framing in this section is permitted to be removed and raised, per your variance. There€ore, it is our propos at to dei'i stolid ,tLl ris central pcetion- Ot the building, hic r accounts ['tar about 30%of the existing framing, dig to the new floor level and form the foundation, then:re- construct the framing in the same size, shape and configuration as exists and/or is permitted by your variance. As a construction method, this seems the safest, most practical, efficient and economical nvAli d, while-conserving the anti of y=variance. I am available to meet on site to review with you, if that would be helpful, or to discuss by other means. Thank you for your consideration of this matter. Respectfully submitted;. Tom Samuels, RA Fuentes, Kim From: Fuentes, Kim ' Sent: Thursday, October 26, 2023 11:04 AM To: 'office@samuelsandsteelman.com' Cc: Sakarellos, Elizabeth;Westermann, Donna Subject: Attn:Tom Samuels -ZBA#7564 Roberts Artist Studio Hi Tom, We received your letter of October 16, 2023 requesting a de minimus approval, and referred your letter to the Building Department for comments. Per Town Code, demolition of 50% or more of the market value is considered a demolition and not a de minimus change to the granted variance relief. We ask that you certify in writing that no more than 50% of the structure, according to town code, will be demolished. Chapter 280, Section 280-4 - Definitions:Any removal of a structure or portion thereof, where the total cost of the reconstruction of the structure or portion thereof exceeds 50% of the market value of the existing structure before the start of removal. Please contact me if you have any questions. Kim E. Fuentes Board Assistant Zoning Board of Appeals Coordinator, Historic Preservation Commission 631-765-1809 kim&southoldtownn;.gov Location: 54375 Main Road Mail:P.O. Box 1179 Southold, NY 11971 s `� ;'"1 '`��`' v ...,, 1543 ,♦+., `L �,s. y y �,�/ 9�,� ..«I!P .* ,��: i t'sy�;a,,.�� � y g � -e s �.:1' � �, .'r'c• �(`��„ 'fry- p�li��_ P—UA&dg�a►�`' It l / ,+��f�� .y..�� ,� 1f.y�a:,�, � 'Fa ,r► Ir � \ Y:��+°i '� -,,�`.,t•��=_l'' i ,> .► r. v .. . , y t 04 -I lhhb-'� IL Aft La I r vi �o I 7 k y r # 3, r. t F H « E 6 I , j alr �Ilt Y , r _ � F s: r . ` v v f ' ✓ �,XPi ,.w+ sx✓ ' P .-.. �. .� } PROVIDE NrzPN MA50NRY FOUNDATION UNDER EXI5TIM5 — EXI5TING ROOF STRUCTURE TO WOOD FRAME STRUCTURE REMAIN. PROVIDE ADDITION FRAMING AS REQUIRED AREA OF NEW ROOF FRAMING 5HOe1N HATCHED - _. (2)2xlo (Tri) 4-P-10" EXI5TIN6 �ol..a. dl / RR' LATHE Ri�r 5PAGE I fL/ I A'-O" (ty�ll) 1 7 2 \ 4 REI F.._ X 5 I O o 14c, N N L. ON i- II �I `If"x36"xI NG. FT �mcvff —S�Cyli hts k�ove ny d _ r�- [ 1. aDG BEAM g � G = — �L �- � O C (4)2x6 P05T p cz 3 _ +icy d w CATHEDRAL SPA,-'.r= m NEW 4" REINF. LONG. SLAB HOE 15 ELDH 2644 (2) x8 E117H 26 \g)2� pla ter d aln planter DN IN Bir.l CK KWA`r' .41 511 a FL00I1 PLAN SCALE: 1/4"=1'1a -„ASS RES I l�)ENGE NEA BUILT-IJP RIPOE BEAM F'ER PLANS. PROVIDE TECO CONNECTIONS TO NEA RAMRS PER VARIA�NGE,PROVIDE 2x16@16" R.R. w/9/4' PLYWD.DECKING,, UNDERLAY 4 SHINGLES,AND INSULATION 4 INTERIOR FIN19H REMOVE EX15TING, ROOF SHINGLES. EVALUATE~ PWATHINO. PRO',11DE NEA SISTER E�vE9TIN6 RAFTERS 12 ASPHALT ROOF SHINSLES ON SO# BLDG. PAPER W/2x10'S. 'PROVIDE BATT INSUL.ATIoN 4 yz" G,YP.BD. P`IN15H ' �_ TO EXTENT POSSIBLE,EXISTING ROOF RAFTERS 7Q REMAIN. 51STEP,EACH w/NEW 2X10-RAFTERS,BEARINi ON NEA 4 EXIOTING,TOP PLATE NEA Ix4 PVI- FA501A Y," GYP. BD. ON GLC. ' PER VARIANCE,REMOVE EXI5tIN6 4 AAL.LS (r''P) ��� A* PER ROOF AND WALL, FRAMING PER VARIANCE,PROVIDE 2x5916" STUDS,w/V" PLYM.5HEATHIN0, INSULATION 4 FINI$HE5 NEA Ix4 PVA. FA50IA NEA GED I)g BOARD 4 BAT rtN SIDING, ON 50" 51-po.PAPER ON%" F'LYWD. n li�O1' 15HOP LINE or-,t-XI TING GONG. S.LAO TO BE F?EM�IvEDEXISTING,FOUNDATION,WALL +B NEW 4" thk.10ONG SLAB FINISHES TQ REMAIN. VERIF^i' REINFOF REGI w/6x6,2.ax2.4 WAM ANCHOR DOLTS 4 STRAPPING, ------ - -- --- --------- -- �, - =rr NEA-'x161' GONG. FOOTING v4/(2*, REBAR A144j 6" THK. CONC. E ILK. REVISIONS BY MARK McDONALD LOT COVERAGE TABLEEE DA I A TEST ,HOLE GEOSCIENCE SOUTHOLD, S62�'pp„ SITE AREA TOTAL: 11,457 sf NEW YORK 11971 �Op� F SCTM # 1000-117-3-10 TEST HOLE DATA 7/28/98 ELEV +9.9' STRUCTURES EXISTING PERCENTA&E PROPOSED PERCENTA&E 1.0 FT. DARK BROWN SANDY LOAM OL / HOUSE: 11450 sf 7.5% 1,450 sf -T.5% ADDRESS 1295 OLD HARBOR ROAD ADDRESS NEW SUFFOLK, NY 11956 / ACG STRUC: 1,121 sf 5.8% 1,121 sf 5.8% 3.0 FT. BROWN LOAMY SAND SM DECK: 138 sf 0.7% 138 sf 0.7% OWNER: RUSSELL ROBERTS TRELLIS 108 sf 0.6% 108 sf 0.6% 8.2 FT. PALE BROWN FINE SAND SP / TOTAL: 2,817 sf 14.5% 2,817 sf 14.5% SITE: 19,457 sf = 0.447 ac 9 FT. WATER IN PALE BROWN FINE SAND SP •� sroNE 22FT. WATER IN BROWN SILTY SAND SM ZONING: R-40 nRIVEWAY 'A/ N/0/F LrEcr:IrED WATER IN BROWN FINE TO 0 / Senford Friemann & 28 FT. MEDIUM SAND SM Elizabetrh Frie SURVEYOR: John C. Ehlers Land Surveyor �� mann AUG 10 2021 ' Uj Ne COMMENTS: WATER ENCOUNTERED N 0 F ^� / 1000-117.-3-8.4 6 East Main St. / / ry 901 Riverhead, NY 11 8.2' BELOW SURFACE, ELEV +1,7' Old Harbor Associates LLC ZONING BOARD OF APPEALS LICENSE # 50211 O 1000-117.-3-8.9 / � DATED 08/22/18 = >- ham• N81 '30'1 9»E / m 1 » 2� 92 ELEVATIONS ARE REFERENCED ,1�1 .259 E S84 37'44„E TO N.A.V.D. 1989 DATUM �"' W •�� h ryM N7La � 18.90 33.46_ N6613 z �1 gyp,. kj O \ VARIABLE WIDTH. \06 / LOCAINON MAr Cn F21GHT OF, WAY \�6�F s Cn o� 6. , y W CREEK y�pe Projec GEORGE RD N op Site V �' 1' 1 ,�� STONE" '� LITTLE DRIVEWAY r- PECONIC BAY Cb o / G9 00' N/O/F " RD. O .. ,,w O �s / Dorothy Sargeant & / X00 ✓ \ Howland H. Sargeant "j 1000-117.-3-9 G1 W RICHARD S U) \ EXISTING Z PARKING 4.1 00"E KOUROS RD. C000 LL AREA e�� 11.45 EXISTING GARAGE TO BE RENOVATED = O U. 'Dot] ,O N 0 F _� NEW SUFFOLKAVE. Q �/ +� Russell RobertsS on > 1000-117.-3-8.8 ,� JACKNST. ® W I . Old Harbor �� �' s ♦ Z -Q) CU Z O GREAT '„V Road •ry/o -EXISTING DECK TO REMAIN PEBAYIC 15 EXISTING BRICK TERRACE N/O/F �R6+ ��r - ON GRADE TO REMAIN Kwit Susan T H Rev Trust 1000-117.-5-12.1 108, 10„ �. '9 0I E tt ♦ INAL MAPCl) a• M N (0.��c0> } 10 REVIEWED BY ZBA Y EXISTING TIMBER WALL TO \�'_}�� R $ ��, �, -� �' a o M Lj REMAIN / 9,. 8 FX/ST/ ♦ EXISTING NEIGHBORING WOOD DECK �E� DECISION ' � w Z W X <.T,, �X/ST NG�OVS� DATE D / I U / �a L) l w. t � W LL � EXISTING 5TAIR5 TO REMAINFCK W• a N = M ♦ � � l EX/S M EXI5TIN& Y MA50NR /> T/ �TF ' EXISTING VEGETATED BUFFER Q �" � F c� c� PATIO ON GRADE TO REMAIN ♦ ti RRgC EXISTING TIMBER GROIN V EXISTING HOUSE TO ♦ G?� CIO REMAIN tU 4 NYSTRTggC FLOOD ZONE LINE y/ ATROFC l MEAN HIGH WATER MARK F ` t0 h t s c. s EXISTING MASONRY PATIO o� SCCJ SET I ,!hr. s f ON GRADE TO REMAIN _ ,0 10 TRU UT/�0 eAC� �o 'Ara '` ' , EXISTING WOOD TRE F � �RSWF WN '� CutchO ue LL15 ST D STRUCTURE ABOVE TO tiT 1-7b., LgNO PL REMAIN � z014E x � �� Harbor IIll1,l��'IIII�!lit;�ili � S' 1 Y Tuthill Glueck Nora & /'%-'ii;jy //, %" " PROJECT NO: Tuthill Lawrence Sr. EXI5TIN >=Loon '1,liy � 1 G WOOD DECK 1904 1000-117.-5-13 �� ZONE VE I DRAWN BY: UT ♦ ELEV 8 XISTING VEGETATED BUFFER ' EXISTING BULKHEAD CHECKED BY: TICS DATE:ATE:/ 4/27/21 SCALE: Q) 19 20' . 0 6=1k SCALE: 120'-0" MEAN HIGH WATER MARK SHEET TITLE: " = ��; m FLOOD ZONE Old HaT'bor 00 SITE LINE Road PLA N N/O/F Tuthill Glueck Nora & Tuthill Lawrence 1000-117.-4-14.1 SHEET NO: DISAPPROVAL & VARIANCE � (at REVISIONS NEW SKYLIGHTS, VELUS #CO& IN RECEIVED EXISTING ROOF. REMOVE EXISTING AUG 10 2021 SHINGLES, AND PROVIDE NEW 300# ROOFING SHINGLES PER SPECS. ZONING BOARD OF APPEALS PROVIDE �� 4 ALUMINUM GUTTERS ON LOWER - EDGE OF PITCHEDLINE OF EXISTING ROOFS, ATTACHED TO m ROOF LINE DRYWELL NEW HIGHER WALL AREA >- EXISTING SIDING TRIM TO REMAINWOMEN Z - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - EXISTING SLABO NEJM FOUNDA71ON $ FOOT)NG �_ _ _ _ NEW/LONER SLAB — — — — _ _ NEW/LOWER SLAB = u- - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - — — - - - -1 - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - � m i EXISTING FOUNDATION TO REMAIN j NEW FOUNDATION � FOOTING - - - - - - - - - - - cl) - - - - - - - - - - - - - - - - - - - - - - - - - - - - L - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - O - - - - - - - - - - - - - - - - - - - - - -- - - - - - J - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - �- O W co co Z CLIO im Ro' TmHmwmWEv5"' T ELEEVATION ME 0z o SCALE: 1/4" = 1' -0" D61 Aw%k rduRTH =EA%'o%%5T ELEVATIONR Lu 0 SCALE: 1/4" = 1' -0" Q U PROVIDE STEP FLASH I NG ATV O ROOF/WALL INTERSECTION z w Z Q W � _ 124 � � J REMOVE EXISTING TRIM. PROVIDE I x4 p PVC EWES RAISED PLATE N REMOVE EXISTING SIDING. PROVIDE Ix5 - -' I T$ 6 CEDAR SIDING ON 30# BLDG. � O LJ Ui I ul IPAPER ON 5/g" PLYWD. SHEATHING FWG 611*F®R] i - - - - - - - - - - - =1 [ NEW LOWER SLAB I EX I STI NG/LOWER GONG. SLAB - - - -I - - - - - - - - -i- - - - - - - - -- - - - - -I - - - - - -}- - - - - - - - - - - - - � - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - = = = t = = = = = - - -- - - - - - - - - - � o i I 1 I I j - - - -- - - - - - - - - - - - - - - + — _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ I L_ _ _ — � NEJM FOUND?�TION FOOTING _ - - - - - - - - - - - - I m ca z- L - - --- - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - -� - - - - - - - - - - -- --- - - - - - - - - - - - V/ Q• C7 � Of � U U T HmmOW ESoff" T E L E A T 10 N. C) L] U C: JC• F OQ 0 trMD ® W -i- 0, i w a SCALE: 1/4" = 1' -0" ELEVATIUN Q Z LL SCALE: 1/4" = 1' -0" W• a N 0 �q W• a 2 M F r Q ~• U RIM 77 'T 7777 FINAL MAP cn cn REVIEWED By Z13A . W B E O NT SEE DECISION! # 7� DATED NE 00 R E IN \ RIA E, S OWN TG - � F - -1 F- -1 F __ I ary-.v�w��� _. O I I I II �bOVe I J L _J L _J L _ J \ STUD 10. F --1 F--1 PROJECT NO: DRAWN BY: 1804 TS / ; ( L _J L _J L—J CHECKED BY: DATE: :O 4/27/21 LLJ SCALE: planter SHEET TITLE: planter drain DN PLAN ELEVATIONS DN BRICK WALKNA1' SHEET NO: r"mmLOOR PL "I IN im A SCALE: 1/4" = 1' -0" RES I DENC,/E DISAPPROVAL & VARIANCE S RVE"'r OF PROPERTY 51TUATE: NENSUFFOLK TOM OF SOUTHOLD a )K 5UFFC3LK COUNTY, NY SURA, ED Cx8-22-2018 4� RECEIVED 61 SUFFOLK C_ TAX -� s AUG 0 2021 1000 - 1187 - 3 - l0 8000 - 88-8 - 3 - &.5 a,�: 1' p�' td o 2 (( ` ZONING BOARD OF APPEALS rn u �t .N� 41iiVfb?.:Aigay�I-fITSUFil dl icE S1 m/EA.PC RECEIVED > d AUG10 202 f'y zed r Land r1a;­4 Or y ,,G, APPEALS o' ; fie �` �r� rn ��� t �e• ;� ZONING BOA OF Ash� '�' " :3 Ar! Y r°^r�Rc�r� 1car �^ „t RD flJL :� :�b�+l`• ,+�” _ � _ __ �� 1 f.v �•G'7'��• ,GT�..Tc'L �� /'. 9 n� !r� ° Jar ^*s" ,'�5� e .•-�„r� `-� ` -f;�4 E+y i I MCI •c -' C51cFni3 r��• PAT ID '^ AG p ,� G ��•, d ------------ �(\\� 2 5TO?� R' y1 �ly Q �33 } J��C1 FT-PAME �' w'J TAX L07 10 3 �C� j i ---�`J UIN } TAX LOT 8.8 = Room •�-'!� ,G •`Dn -fir— � _�a�7 a. -,i 7ti'f-B KA NOTES: i 3 »21 , G i N46015'30"N 85.517c= - _ n N410 0 0'30"N 225.51' ■ MONUMENT R=OUND k S rof reelSunrt 0Q atO-dir!.t n a of f1n •.V C.erL,d a 1!CefR.a lww. llyoe-'.—1!.. +v fY.Yak etet•Eduction!—.' •Gnly mv1.•fw.m•.rldln.a o!thl• rrt.d. sn erlyLml of t"1•d e+r+ryer'. PIPE FOUND •L..o.d e•.i11th eoMie.-d to a-ltd tw. _- HEDGE 0 1 a a b l -Ii/Stfl3:S�li lin=..�..veat a/auh th%ft ]ititlp�N 1.1Ct1v,�.i.efd ilrmf.em.lM or Road AREA LOT 10 = Iq,45-1 S.E. OR 0.45 AGRES oy w,r.z.e eLeu a.eca. m er rant.:m.a i 7..�s+.f.r.:'edm.c.rtafeznure.n.la run wr !a f�rr.ea.trr itC.wp�.sy if� ee.!.h hakenuf!d afa:ay.�>ny. 'W+wsr a�a�.,ecq sattteLt.n saebd r.r I •+d AREA LOT 8.8 = 8.;577 S.F. OR 0.20 AGRES !.Sh•e�1W.••f ea.l..l.p v.tiWl7en• artir /� 2aro�cs ne!trkm�SaTy7.to�oCycl•��zR7 IMLStutleM ALL BUILDING-S COVE FEMA FLOOD ZONES JDN�� R S LAND S GRAPHIC 5GALE:! 301 6 EAST M IN STREET N.Y.S.LIC.NO.50202, RI«AD N.Y.11901 61131-369-8288 _ _ . RHF.0 NI:3s6a Udbh\Dbcemncni Wy 1)ropbox101N0IX0i-212UPDATE 2018.pro REVISIONS NEW 5KYLIGHTS,VELU5 #G06 IN EXISTING ROOF. REMO E EXI5TING 26'-I" 5HINGLE5, AND PROVIDE NEW 300# ROOFING 5HIN61-E5 PEIR SPE05. PROVIDE 4" ALUMINUM MMF�Fj 1 1 ,,^^ GUTTERS ON LOWER V EDGE OF PITCHED Q LINE OF EXISTING ROOFS,ATTAGHED TO �pJILM DRYWELL ROOF LINE 0 NEW HIGHER WALL AREA J ---- EXISTING SIDING 4 TRIM TO REMAIN = Y _____EXISTING SLAB M -� --- -------------------------- W O Lu LL NEW FOUNDATION 8 FOOTING ---r---------------------------I-- --NEW/LOWER SLAB ----- -------------------------- LL _ NEW/LOWER SLAB----- _ '- N -- ---- ----------------------- --------------------------- -------------------------------� ------------ o m RECEIVED j EXISTING FOUNDATION TO REMAIN I NEW FOUNDATION ffi FOOTING ____________ O ---------------L------------------------------ ----------------------------- --- W -------------------------------- -- z NORTH-WEST ELEVATION AUG 10 2021 ��LF ® � NORTH-EAST ELEVATION w & SCALE:1/4"=V-0" ZONING BOARD OF APPEALS > o PROVIDE STEP FLASHING AT O m ROOF/WALL INTERSECTION Z w 9 Q 12 _ REMOVE EXI5TING TRIM. PROVIDE Ix4 4 �/ p PVC, EAVES — RAISED L j to PLATE N ® ® ® ® ® REMOVE EXISTING SIDING. PROVIDE Ix8 ' O T45 CEDAR 51PING ON BO# BLDG. n FM PAPER ON %" PLYWD. SHEATHING [FVG 611* io O i w _EW LOWER SLAB I ________-- I --- -- ------_-- ---- ------- EXISTING/LOWER GONG_SLAB ____-- __--N-- t--------t --rt-----+----- -- - ----- -------- ------------------ I -----I ---O - L-------------------+--------------------- _ � NEW FOUNDATION 8 FOOTING I _� -- ----------------------------� -----------------------� m �z• fn¢• ns SOUTH-WEST ELEVATION SCALE:1/4"=1'-0" 47'-10" SOUTH-EAST ELEVATION W�• SCALE:1/4"=V-0" W. 26'-I" raised roof area w s �O �¢�• U a Q B E O T / 271 s NE O Gul G IA '5 N I I I I I I I I I I I I I yI above SUP 10 I r-1 r-1 r-, PROJECT NO: tN I I I I I I 1804 I I I I I I DRAWN BY: I I I I TS LJL_J Ll CHECKED BY: DATE: 4/27/21 SCALE: 1/4"=1'-0" planter SHEET TITLE: planter drain DN PLAN ELEVATION DN X0,5 BRICK WALKWAY SHEET NO: FLOORPLAN SCALE:1/4"=1'-0" RE5 112ENGE DISAPPROVAL &VARIANCE 2 -TIM COUNTY OF SUFFOLK - gym OFFICE OF THE COUNTY EXECUTIVE Steven Bellone f� SUFFOLK COUNTY EXECUTIVE, v � Natalie Wright Department of Commissioner Economic Development and Planning August 13, 2021 Town of Southold Zoning Board of Appeals 53095 Main Road RECEIVED P.O. Box 1179 Southold,NY 11971-0959 AUG 13 2021 Attn: Leslie Weisman ZONING BOARD OF APPEALS Dear W. Weisman: _ ,Pu'rs'uant to the requirements,of Sections A14 14:-thru A 14,25 of the Suffolk County Administrative Code, the following.apphaton submitted to the Suffolk County Planning Commission is to;be a matter for localdetermmation as there appears to"be no significant county wide or inter community impacts <A.decision of local determination. should .not'be-:construed as' e�thr an approve -'or disapproval Applicant. Municipal File Number.. Erino DeBoer # 4,16 Aiu5 Fishers Island Community Center #7563SE Der- Russell Robert �2c� John&Margaret Krepp'. #7565 Very truly yours, Sarah Lansdale Director of Planning By Christine DeSalvo Theodore R. Klein, Principal Planner TRK/cd Division of Planning&Environment H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th FI■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 ■ (631)853-5191 UY��D Fitz, �6`Mom Wn0 OFFICE LOCATION: l I BIZ ��q SO(/TyO MAILING ADDRESS: Town Hall Annex ,`O 1 P.O. Box 1179 54375 State Route 25 Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY 11971 G • Q Telephone: 631765-1938 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD ^� / L MEMORANDUM NOV 18. 2.021 To: Leslie Weisman,Chair Members of the Zoning Board of Appeals From: Mark Terry,AICP Assistant Town Planning Director LWRP Coordinator Date November 18,2021 Re: LWRP Coastal Consistency Review for ZBA File Ref RUSSELL ROBERTS#7564 SCTM# 1000-117-3-10. RUSSELL ROBERTS#7564—Request for Variances from Article III, Section 280-15 and Request to Overturn the Building Inspectors July 14,2021,Amended July 30,2021 Notice of Disapproval based on an application to construct roof line alterations to an existing accessory structure,and to alter use of the existing accessory structure to an artist studio; at 1)located less than the code required minimum side yard setback of 5 feet;2)the proposed use in the accessory building is not a permitted accessory use;located at: 1295 Old Harbor Road,(Adj to Cutchogue Harbor) New Suffolk,NY. SCTM No. 1000-117-3-10. The proposed action has been reviewed to Chapter 268,Waterfront Consistency Review of the Town of Southold Town -Code and the Local Waterfront Revitalization Program(LWRP)Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department,as well as the records available to me,it is my recommendation that the action is CONSISTENT with the below listed Policy Standard and therefore is CONSISTENT with the LWRP. Pursuant to Chapter 268,the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: William Duffy,Town Attorney FORM NO. 3 TOWN OF SOUTHOLD RECEIVED BUILDING DEPARTMENT J SOUTHOLD,N.Y. AUG 10 20?1 NOTICE OF DISAPPROVAL ZONING BOARD OF APPEALS DATE: May 14, 2021 Renewed: July 14,2021 Revised: July 30,2021 TO: Samuels & Steelman(Roberts) 25235 Main Road Cutchogue,NY 11935 Please take notice that your application/letter dated April 27, 2021: For permit to: Construct roof line alterations to an existing accessory structure and to alter use of the existing accessory structure to artist studio at: Location of property: 1295 Old Harbor Road,New Suffolk,NY County Tax Map No. 1000—Section 117 Block 3 Lot 10 Is returned herewith and disapproved on the following grounds: The proposed construction, on this nonconforming 19,457 square=foot lot in the Residential R-80 District is not permitted pursuant to Article III Section 280-13(C). The proposed use in the accessory building is not a permitted"accessory use. . In addition, the construction is not permitted pursuant to Article III Section 280-1.5 which states lots measuring 10,000 to 19,999 square feet in total size require an accessory setback of 5 feet. The proposed alteration/addition has a side yard setback of±2.9 feet Authorized 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.S.A. FORM NO. 3 RECEIVED TOWN OF SOUTHOLD AUG 10 2021 BUILDING DEPARTMENT SOUTHOLD,N.Y. ZONING BOARD OF APPEALS NOTICE OF DISAPPROVAL DATE: May 14, 2021 Renewed: July 14,2021 TO: Samuels & Steelman(Roberts) 25235 Main Road Cutchogue,NY 11935 Please take notice that your application/letter dated April 27, 2021: For permit to: Construct roof line alterations to an existing accessory structure at: Location of property: 1295 Old Harbor Road,New Suffolk,NY County Tax Map No. 1000—Section 117 Block 3 Lot 10 Is returned herewith and disapproved on the following grounds: The proposed construction, on this nonconforming 19,457 square foot lot in the Residential R-80 District is not permitted pursuant to Article III Section 280-13 Q The proposed use in the accessory building is not a permitted accessory use. In addition, the construction is not permitted pursuant to Article III Section 280-15 which states lots measuring 10,000 to 19,999 square feet in total size require an accessory setback of 5 feet. The proposed alteration/addition has a side yard setback of±2.9 feet Authorized 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. FORM NO. 3 _ TOWN OF SOUTHOLD RECEIVED - BUILDING DEPARTMENT SOUTHOLD,N.Y. AUG 10 W1 NOTICE OF DISAPPROVAL ZONING BOARD OF APPEALS DATE: May 14, 2021 TO: Samuels & Steelman(Roberts) 25235 Main Road Cutchogue;NY 11935 Please take notice that your application/letter dated April 27, 2021: For permit to: Construct roof line alterations to an existing accessory structure at: Location of property: 1295 Old Harbor Road, New Suffolk,NY County Tax Map No. 1000 Section 117 Block 3 Lot 10 Is returned herewith and disapproved on the following grounds: The proposed"construction, on this.nonconfonning 19,457 square foot-lot in the Residential R-80 District is not permitted pursuant to Article tII.Section 280-13 (C). The ro osed.use in the accessoKy building isnot a O-rmitt I ed,accesCEy use. In addition,the construction is not permitted pursuant to Article III Section 280-15 which states lots measuring 10,000 to 19,999 square feet in total size require an accessory setback of 5 feet. The proposed alteration/addition has a side yard setback of±2.9 feet Authorized 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. r APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS For Office Use Only Fee: $ Filed By: Dat�ECEIVED Assigned/Assignment No. AUG 10 2021 Office ZONING BOARD OF APPEAL Notes: S House No. 1295 Street Old Harbor Road Hamlet New Suffolk SCTM 1000 Section 117 Block 3 Lots) 10 Lot Size 19,457 —Zone—R-40 I (WE) APPEAL THE WRITTEN DETERNIINATION OF THE BUILDING INSPECTOR DATED 4/27/21 BASED ON Site Plan MAP DATED 4/27/21 Applicant(s)/Owner(s):–Russell Roberts Mailing Address: 1295 Old Harbor Road, Cutchogue NY 11935 Telephone: 617-290-6474 Fax #: c/o 631-765-4643_ Email: pcmoore(a,mooreattys.com NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Patricia C. Moore Esq. for (X ) Owner, or ( ) Other: Agent's Address: 51020 Main Road, Southold NY 11971 Telephone_ 631-765-4330 Fax #: 631-765-4643 Email: RECEIVED AUG 10 20�1 pcmoore(a,mooreattys.com ZONING BOARD OF APPEAALL,S�,(, Please check box to specify who you wish correspondence to be mailed to, from the above names: C Applicant/Owner(s), or X Authorized Representative, or C Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED Site Plan MAP DATED 4/27/21_ and DENIED AN APPLICATION DATED 4/27/21 FOR: X Building Permit C Certificate of Occupancy C Pre-Certificate of Occupancy C Change of Use C 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 III Section 280-13 (C ) Accessory Use (Art Studio) and article III Section 280-15 (side yard setback) Type of Appeal. An Appeal is made for: X A Variance to the Zoning Code or Zoning Map. C A Variance due to lack of access required by New York Town Law-Section 280-A. C Interpretation of the Town Code, Article_ Section X Reversal or Other Art Studio as an accessory use to residence A prior appeal X has , has not been made at any time with respect to this ro er UNDER Appeal No. 4930 Year-4/19/01 front yard setbacks for Addition & trellis Appeal #4607 9/30/98 raised patio front yard setback. (Please be sure to research before completing this question or call our office for assistance.) RECEIVED AUG 10 2021 Name of Owner: Russell .Roberts ZBA File#ONING BOARD OF APPEALS REASONS FOR APPEAL. (additional sheets may be used with preparer s si nature AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The existing garage (described as a storage shed on old survey) is pre- existing and the applicant intends to renovate the existing structure. The existing structure is intended to be used as the owner's art studio (no sales only for art production/creation). The owner's work is large, and he needs the extra height. The floor will be dug out to provide one continuous floor height, but the roof lines of the existing structures are not uniform and the roof of part of the structure needs to be raised with skylights for natural light. (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 structures are existing and connected. The owner wishes to preserve the structures and the character of the existing structure. Nevertheless, a portion of the roof line must be raised to make the structure usable as an art studio. The work will be done in phases. 1St phase is without a toilet. Water will be with a hose connection. 2nd phase will be an application for toilet and interior plumbing. (3) The amount of relief requested is not substantial because: The structure is existing and the use, as an art studio, is a private use and accessory to the single-family dwelling. The art studio is not open to the public. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district RECEIVED because: No change is proposed to the physical ordRviiWp T} ntal condition of the property. ZONING BOARD OF APPEALS (5) Has the alleged difficulty been self-created? ( )Yes, or ( X )No- the structure is existing. A building permit had been issued for the renovation of the existing structure, but the work was not started when the owner determined that the height of the roof needed to be altered and a variance was required because the additional height ((6'-8" to 91) would be an "increase in the degree of the non-conformity. Are there Covenants and Restrictions concerning this land: X No. C Yes (please furnish cony). 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. Check this box' ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET.- (Please HEET.(Please be sure to consult your attorney.) Signature of Appellant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn to before me this 2 day of -T-k,\-, 20—Z:L_. J' 1 ?tary Pub11 lic JULIA RAE SPANSURGH Notary Public,State of New York No.01SP6419169 Qualified in Suffolk County Commission expires on 2015 r-".. f / RECEIVED Fee:$ Filed By: Assignment No. A I I G 1 0 1 APPLICATION TO THE SOUTHOLD TOWN ZONING BOARD OF UF,.A"RD^OF APPEALS House No.-1295—Street—Old Harbor Road Hamlet Cutchogue \ � SCTM 1000 Section_117 Block 3_Lot(s)_10 Lot Size 19,457 Zone R-40 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 4/27/21_BASED ON SURVEY/SITE PLAN DATED 4/27/21 . Owner(s):_Russell Roberts Mailing Address:_1295 Old Harbor Road,Cutchogue NY 11935 Telephone:–617-290-6474—,Fax:–c/o 765-4643_Emai1:_pcmoore@mooreattys.com NOTE: In addition to the above,please complete below if application is signed by applicant's attorney,agent,architect,builder,contract vendee,etc.and name of person who agent represents: Name of Representative:_Patricia C.Moore for(X)Owner ( )Other: Address:_51020 Main Road,Southold NY 11971 Telephone:_631-765-4330_Fax: 631-765-4643 Email:_pcmoore@mooreattys.com Please check to spec jy who you wish correspondence to be mailed to,from the above names: ( )Applicant/Owner(s), (X)Authorized Representative, ( ) Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 4/27/21_and DENIED AN APPLICATION DATED 4/27/21 FOR: (X)Building Permit ( ) Certificate of Occupancy ( )Pre-Certificate of Occupancy ( )Change of Use ( )Permit for As-Built Construction ( ) Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers. This information is indicated on the Notice of Disapproval Article: III Section: 280 Subsection: 13 (C) List prior appeals(if any)determined at any time with respect to this any time with respect to this property,(List Appeal No.and Year of decisions.) #4930 4/19/01 front yard setback for addition &trellis 0 RECEIVED Application—Reversal/Overturn Zoning Officer Decision Page 2 AUG 10 ?071 INDICATE REASONS FOR REQUEST—Please indicatzet�� �fotFtPPEALS Southold Town Code you wish the Zoning Board of Appea�to render a Decision andA�� give explanation. Furthermore, if prior determinations of this Board should be considered when making a board determination, please list them. (Please be specific. Additional sheets may be used with preparer's signature notarized): The existing connected garage and shed are preexisting structures. They are connected on the inside. 7'he applicant received a buildingpermit to renovate the existing structures which included the floor to be excavated to provide for uniformity of the interior height of the multiple existing structures. As with prior decisions sited by the ZBA the building department approved renovation of the existing accessory building. (Building Permit #44359 dated 10/31/19) This building permit expired. The permit would not be renewed once an artist studio use was proposed. Mr. Robert Russell wishes to use the structures for an art studio. To make the building more functional as an artist studio, the proposed amendment to the building permit would raise the roof height to 9'x 26' (portion of the building), add sky lights, and provide adequate ceiling heights and walls to the interior space for the artwork. 7-he higher ceiling makes the space more usable for the large canvas, the artist's design, and materials used. When the building department was advised that the building would be used as an art studio, a notice of disapproval was issued for the same structure given a building permit as an "accessory building". The Board has determined in prior decisions that for a workshop/art studio use to be considered incidental to a principal use, they must maintain a personal and/or hobby aspect to them and not become a more commercial type of use. In Wilson-Ryckmann decision # 7454 dated 2/4/21 and Louis & Erin Nardolillo decision#7457 dated 2/4/21 the Board states that they are providing a code interpretation to provide clarity about the accessory uses and whether they are allowed" the Board stated," Since neither a "work-shop"nor an "artist studio"is an allowed accessory use, if it is to be considered an allowed accessory use, the Board would have to conclude that the use is "customary and incidental to the principal use" which in both matters before the Board is a single-family residence. As set forth below, the Board has concluded that under certain conditions, both proposed uses should be considered customary and Application—Reversal/Overturn Zoning Officer Decision Page 2 RECEIVED incidental to a single-family residence and therefore allowed accesso uses in accessory structures" AUG 10 ?0911 The Board further found that "Based on the number of times thg0,§W8'eAhD OF APPEALS before the Zoning Board, it would appear that this type of artist studio or workshop is customary use to a single-family residence" However, the key to these uses being allowed uses is not only that they are customary to the principal use, but also, they are incidental to the principal use...to that end, the Board has determined that the following elements/conditions led to the determination that these uses are customary and incidental to the principal use: 1. Such use is incidental to the principal residential use on the premises. This is Russell Roberts home and continues to be his residence. The art studio is incidental to his residential use of the house. 2.- The artist's studio/workshop in an accessory structure is not rented to or used by anyone other than the property owner of the principal dwelling. The space has been a garage and storage shed. The owner wishes to create his art in a private, quiet space. His home in Cutchogue provides a relaxing environment which is critical to the artist. The Town of Southold attracts artist. Creative spaces are needed to foster the artist creativity. No one else will use the art studio. 3. No individual or group instructions, classes or demonstrations related to the production/fabrication of crafts/art works in the studio/workshop may take place on the property. Robert Russell will not give lessons; this is his private area. 4. The property owner may not employ or engage unpaid assistance by any other persons(s) in relation to the production/fabrication of art/crafts in the accessory structure. There are no employees, this space is a private studio for only Robert Russell to create. S. There is no exterior effect at the property line such as noise, traffic, odor,-dust, smoke, gas, fumes or radiation. There would be no discernable difference to the exterior, the interior space is used, and the art does not produce any noise, traffic, odor, dust, smoke, gas, fumes or radiation. 6. No display of products/art work/crafts etc. is visible to the street. This is a private home with no display of the artwork. 0 Application—Reversal/Overturn Zoning Officer Decision RECEIVED Page 2 AUG 10 2021 7. No sales to the public are permitted on the subject progerl 0 OF APPEALS sales are proposed from this property. Mr. Roberts sells in tVe following galleries: FITERMAN ART CENTER BMCC 2017, STUDIO INSTALLATION 2020, HESKIN CONTEMPORARYNYC 2015, UNTITLED (PBCH) 2012-2019 Oil 20"x24" 8. Plumbing in the accessory structure is limited to a half bath (toilet and sink) and a utility sink. Phase 1 has no bathroom or permanent utility sink proposed. Hose connection is planned for phase 1. Phase 2 would be with plumbing for % bath (f needed) and utility sink. 9. Activities in the artist's studio/workshop in the accessory structure are limited to the production of crafts and works of art such as painting, sculpture, photography, ceramics, weaving/textiles, glass art (but not glass blowing), and personal woodworking/carpentry and auto mechanics on vehicles belonging only to the property owner. Russell Roberts works with large canvas and oil paints 10.No sleeping or cooking is permitted in the accessory structure. No sleeping or cooking is proposed. 11.An accessory structure used as an artist's studio/workshop may only contain that one use in addition to non-habitable (unfinished, open rafters and stud walls) storage of general household items, garden tools and/or vehicles. Only one use is proposed 12.An accessory apartment in the accessory structure is not permitted unless the artist's studio/workshop use is removed, and a special exception permit is obtained from the Zoning Board of Appeals. OK there is no accessory apartment is proposed. 13.The following uses are not, by this determination, considered to be permitted uses in an artist's studio/workshop in an accessory structure, as defined herein and are prohibited: workout/fitness activities, recreational activities, and home offices (as defined in the Town Code). This application is for an art studio to be used by the owner. Application—Reversal/Overturn Zoning Officer Decision Page 2 (continuation of page 2) By signing below, I certify all information is true and correct to the best of my knowledge. RECEIVED AUG 10 20?1 ZONING BOARD OF APPEALS Signature of Applicant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn to before me this 5 day of US , 20 tart' Public JULIA RAE SPANBURGH Notary Public, State of New York No. 01SP6419169 Qualified in Suffolk County Commission expires on- V1 Z 2p2� TOWN OF SOUTHOLD BUILDING DEPARTMENT 1 TOWN CLERIC'S OFFICE RECEIVEt�A D SOUTHOLD, NY AUG 10 2021 BUILDING PERMIT ZONING BOARD OF APPEALS (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit#: 44359 Date: 10/31/2019 Permission is hereby granted to: Roberts, Russell 145 Ave of the Americas New York, NY 10013 To: make alterations to an existing accessory building as applied for. At premises located at: 1295 Old Harbor Rd, New Suffolk SCTM #473889 Sec/Block/Lot# 117.-3-10 Pursuant to application dated 10/22/2019 and approved by the Building Inspector. To expire on 5/1/2021. Fees: ACCESSORY $180.00 CO -ACCESSORY BUILDING $50.00 Total: $230.00 f Building I spector Z, lsg Aw AE AIN�W R Ki MR.", 9 'i '4EN V�, m�: ts, R F R MINI _0 RA, 417�Tl- I N, gg' .......... N 51 ggm gi All NVNO memm, UE, 0` im jv,ls o �s mo -1-r, i,77T A 77 Bal gg/ -------- AW", M-12111%, �00 PF tAy gy W g4ma- P'T - --- — I r 1��j , M, gie -g- g, R mW, I PS MG �T �va� N14 F" —fg AFIll 'pg 0 10 11W Wrhi T int , Ell --a aR, C-71- plz,(--al nl, P! — , VFW U11111 M, a 52, Rio M- W-M -'aw, W w ip . ..... amou GL aT 7, 14 A P�p 12", "N' S' j wv 7 Nal Up— rc*k "a FU3 tSl� M M", 21 ggli� _ti -EST-HOLE �S�_,�®.�� BY MARKiVl�®ONALD ��_... GEOSCIENCE SOUTHOLD, NEW YORK 'i7971 � ��'':��� dAare-a P,�� EST HOLE.DATA 7128/98 ELEV+9.9' DATE: f_ B.P.?`r � 1 .0 FT. DARK BROWN SANDY LOAM OL FE - By: `U`�- " NOT)' BUILDIPIG DEF'ARTMENIT P,( . 765-1802 6 AM TO 4 Plvi FOR THE ' 4FT. 1 BROWN LOAMY SAND SM FOLLOWING INSPECTIONS: 1. FOUNDATION - TVV0 REQUIRED � = 2;FT. PALE BROWN FINE SAND SP d) FOR POUCHED CONCRETE N 2. ROUGH - FRAiVIING & PLUMBIvC WATER IN PALE BROWN FINE SAND SP . INSULATION 4. FINAL - COIF ST SRUCTION MUST � 1,,FT.;. WA"T"ER IN OROWN SILTY SAND SM BE COMPLETE FOR G.O. WATER IN BROWN FINE TO ALL OONSTRUC T IDN SHALL MEET THE 8 FT. MEDIUM SAND SM REQUIREMENTS OF (HE.00DES OF N � YORK STATE. NO i- RESP NWE FOR ; COMMENTS: WATER ENCOUNTERED DESIGN OR CONSTRUCTION ERRORS. 8.2' BELOW SURFACE, ELEV +1.7' AUG 10 2021 COMPLY WITHSLI aFAPPEALS n NEW YORK STATE & `SOWN CODES t AS REQUIRED Arc-can XTION" -4..i Le RETAIN STORM WATER RUNOFF ,a PURSUANT TO CHAPTER 236 OF Tf�E TOWN CODE. a 2 Al i , 9^ 3tmb �Y§`4k iie'3 \ ✓` s'tR,i s�yynn k Old Harbor .. a,,{ d, YN,1��'M ALM ir � �?Ec } RUSSELL L. ROBERTS 145 Avenue of the Americas,3A NYNY 10013 rlroberts@erols.com 617 290 6474(cell) RECEIVED EDUCATION Boston University,MFA,Painting, 1995 AUG 10 2021 School of the Museum of Fine Arts,Diploma Program, 1980 Vassar College,BA,English Literature, 1975 ZONING BOARD OF APPEALS AWARDS Edward F.Albee Foundation,Residency Fellowship,2006&2008 University of North Carolina,Artist-in Residence,Spring 2003 Mass Cultural Council,Works on Paper-Artist Books Finalist Grant,2002 Mass College of Art,Faculty Development Grant,2001 John Simon Guggenheim Memorial Foundation Fellow in Painting, 1997- 1998 Alumni Traveling Scholarship Grants,School of the Museum of Fine Arts, 1996 ONE PERSON AND TWO PERSON EDITIONS: 2015 Paper Bed Concrete Head Heskin Contemporary NY 2012 The Work of Drawings,Regina Granne&Russell Roberts,Indiana University ICUA+D 2010 Pockets of Accumulation Heskin Contemporary NY 2004 Conference of the Birds:Paintings and Drawings Elsie B.Rosefsky Gallery,Binghamton University,NY 2003 Conference of the Birds Alcott Gallery,University of North Carolina at Chapel Hill,NC 2002 Melissa Chaney&Russell Roberts Painting Center,NY 2001 Drawing,Farrell-Pollock Gallery,Williamsburg,Brooklyn NY Recent Paintings, Sherman Gallery,Boston University,MA SELECTED GROUP EXHIBITIONS 2020 10 X Relay The Indiana University J.Irwin Miller Architecture Program, IU Eskenazi School of Art,Architecture+Design 2019 10 X Relay--Cat's Cradle, University of Tennessee Knoxville Catalogue Essay Lisa Taliano- 1 O Relay;https://casinlireffect.org/lisa-taliano-l0-x-relay/ You Are Not Alone: Casimir Effect ChaShaMa NYC 2018 The Greatest Show on Earth,Sideshow Gallery,Brooklyn NY 2017 The Roaming Eye,Curated by Kathleen Kucka&Jennifer Riley Shirley Fiterman Art Center,NY Sideshow NATION V:Through the Rabbit Hole 2,Brooklyn NY 2016 Machines of Paint and Other Materials,Curated by Jennifer Riley,Dumbo NY Sideshow NATION IV:Through the Rabbit Hole Sideshow Gallery,Brooklyn NY 2015 Eating Painting,Gallery 308 at 156 Project Space,NY;Curators James Biederman&Lisa Taliano Sideshow NATION III,Sideshow Gallery,Brooklyn NY Paperazzi IV,Janet Kunnatowski Gallery,Brooklyn NY 2014 Second Family,2 Rivington,NY;Curator Julie Tories, Summer Gallery Group Exhibition,Heskin Contemporary,NY Sideshow Nation II at the Alamo,Sideshow Gallery,Brooklyn Paperazzi 3 Janet Kurnatowski Brooklyn NY 2013 Sideshow Nation,Sideshow Gallery,Brooklyn Paperazzi 2 Janet Kurnatowski Brooklyn NY 2012 Sleepwalker Vaudeville Park,Brooklyn NY;Curators Caleb Nussear&Lisa Taliano Abstract Gambol Heskin Contemporary,NY Contemporary Abstraction Heskin Contemporary,NY Paperazzi Janet Kurnatowski Brooklyn NY MIC:CHECK(The:human mic)OCCUPY Sideshow,Brooklyn NY 0 2011 70 Years of Abstract Painting—Excerpts Jason McCoy,NY It's All Good Apocalypse Now Sideshow Gallery,Brooklyn NY RECEIVED Paper 2011 Janet Kurnatowski,Brooklyn NY 2010 Continuing Color Abstraction Rella Stuart-Hunt,Curator,Painting Center,NY NY InCite,Re-united Denise Bibro Gallery,NY NY A66 i U L021 Paper Works Janet Kurnatowski,Brooklyn NY It's A Wonderful 10th Sideshow Gallery,Brooklyn NY 2009 Endless Summer Scott MalbaurnCurator Denise Bibro Gallery,NY NY ZONING BOARD OF APPEALS Linked;Small Works,Big Ideas Jennifer Riley,Curator,Heskin Contemporary,NY NY Re-United,In-Cite DFN Gallery,NY NY It's A Wonderful Life Sideshow Gallery,Brooklyn NY 2008 Shape Shifters:New York Painters James Biederman,Curator,Sideshow Gallery,Brooklyn NY Shape Shifters:New York Painters James Biederman,Curator,University of North Carolina at Pembroke,NC Peace,Sideshow Gallery,Brooklyn NY 2007 Lesley Heller Gallery,NY NY Building Picturing V.Colaizzi,Curator,Painting Center,NY 100 Works on Paper Benefit Kentler International Drawing Space,NY The War is Over(Again)Sideshow Gallery,Brooklyn NY 2006 Palpable Painting Sidney Jenkins,Curator,Kresge Gallery Berrie Center,Ramapo College The Kentucky Derby Smack Mellon,Brooklyn NY The War is Over Sideshow Gallery,Brooklyn,NY RAW Benefit Exhibition CT 2005 God Saw Was Dog DNA Gallery,Provincetown,MA Art Faculty Biennial New Jersey City University Matzo Files New York 2004 Sight Specific DNA Gallery,Provincetown,MA Merry Peace Sideshow Gallery,Brooklyn,NY Women Sideshow Gallery,Brooklyn,NY 2003 Peace Sideshow Gallery,Brooklyn,NY Drawings by Men and Women Sharon Horvath,Curator,Gallery 817,University of the Arts,PA 2002 All Drawing Gallery 817,University of the Arts,Philadelphia,PA Made in Brooklyn,Brooklyn Rail Selections I Phong Bui,Curator,Wythe Street Gallery, NY Making a Mark Danforth Museum,Framingham,MA Intersection:Couples in Mixed Media DNA Gallery,Provincetown,MA Daedalus+Guggenheim+Starr Sherman Gallery,Boston University,MA Merry H Sideshow Gallery,Brooklyn,NY 2001 Selections:Boston Drawing Project Bernard Toale Gallery,Boston,MA Merry Sideshow Gallery,Brooklyn,NY Samuel Grossman Gallery 2001 SMFA Benefit Exhibition,Boston,MA Boston-Allston Library,Inaugural Exhibition,Boston,MA Boston Drawing Project Bernard Toale Gallery,Boston,MA Snapshot Beaver College Art Gallery,Beaver College,PA 2000 Spirit of Landscape,V Nielsen Gallery,Boston,MA Expressions The Federal Reserve Gallery,Federal Reserve,Boston,MA 1999 Samuel Grossman Gallery, 1999 SMFA Benefit Exhibition,Boston,MA 119 Braintree St.Exhibition Space, 1997, 1998, 1999,Boston,MA 1997 Outside the Box Horn Gallery,Babson College,MA 1996 Traveling Scholars Exhibition Museum of Fine Arts,Boston,MA 1995 MFA Thesis Exhibition Boston University Art Gallery Tsai Performance Center Boston University 1994 American Drawing Biennial IV Muscarelle Museum ofArt,College of William&Mary,VA New England Juried Exhibition South Shore Arts Center,MA Montserrat College Faculty Summer Exhibition,Montserrat College of Art,MA 1992 National'92 Small Works Exhibition Schoharie Arts Council,NY Montserrat College Faculty Summer Exhibition,Montserrat College of Art,MA New England Juried Exhibition South Shore Art Center,MA 1991 Artifacts and Industry Charles River Museum of Industry,MA American DrawingBiennial II Muscarelle Museum,College of William and Mary,VA � 1990 14th Annual Small Works Exhibition NYU Washington Square East Gallery,NY RECEIVED 1989 Any Media or Mixed Media National Juried Exhibition Clary-Miner Gallery,Buffalo,NY 1988 National Small Works Exhibition Schoharie County Arts Council,NY AUG 10 2021 ARTICLES/REVIEWS/CATALOGUE ESSAYS Windows on a Complex World:Russell Roberts at Heskin Contemporary Jennifer RileyZ"ftbW OF APPEALS 2015 Wanting Fewer Things but Reaching Out for Everything_ Pockets of Accumulation:The Recent Paintings of Russell Roberts Jennifer Riley 2010 The Big(Juicy)Apple:Three Current Shows of Abstract Painterliness Stephen Maine,artcritical.com 2010 Start Your Engines David Cohen,New York Sun and artcritical.com,2010 Shape Shifters:NY Painters Cathy Nan Quinlan,artcritic al com,2008 Best of Summer Shows Robert Ayers,ArtInfo.com,2007 Nervous Energy Cate McQuaid,September,Boston Globe,2002 Mass Cultural Council Grant Winners Cambridge Chronicle,July 2002 Abstraction and Nature:Letter from New York,Lance Esplund,Modem Painters,Fall 2001 Allston Library Inaugural Exhibition The Boston Herald June,2001 Daringly Retro Christine Temin,The Boston Globe,January,2001 Guggenheim Fellow in Painting The Harvard Crimson,April, 1997 Museum of Fine Arts Traveling Scholars Exhibition,Boston Globe,August, 1996 VISITING ARTIST/TEACHING The Indiana University J.Irwin Miller Architecture Program,IU Visiting Artist,2019 Sugar Hill Children's Museum of Art;Fellowship Guest Juror,2018 New Jersey City University,Visiting Instructor,Spring 2005-Spring 2011 School of Visual Arts,Visiting Critic,Graduate Seminar Review,Spring 2010 New York Studio School,Visiting Professor,Spring 2009 Caldwell College,NJ,Part Time Lecturer Fall 2007-Spring 2008 Boston University,MFA Program Visiting Critic 2006 Montclair State University,Sabbatical Replacement Visiting Assistant Professor,Fall 2004,Spring 2005 Pratt Institute,Foundations Department,Visiting Assistant Professor,2001-Fall 2003 Massachusetts College of Art,Assistant Professor in Painting,Sabbatical Replacement Position Spring Assistant Professor appointment,2000-2001, Harvard University,GSD,Teaching Fellow, 1999, 1998;Visiting Critic 2001 Boston University,MFA Program,Visiting Artist, 1999 Mass College of Art,Visiting Artist Lecture 1999;Visiting Critic,Mass College of Art, 1998, 1999, Brown University,Focus Program,Instructor, 1999 Business Skills Seminar,Continuing Education,School of the Museum of Fine Arts,Panelist 1993, 1991, 1998 Montserrat College of Art,MA,Instructor,Fall 1991-Fall 1992;Summer Program 1992 and 1993 Montserrat College of Art,Visiting Artist Lecture, 1992 School of the Museum of Fine Arts,Visiting Lecturer in Art History,Fall 1989,Spring 1990 RELATED EXPERIENCE Catalogue entry: "Division",Philip Guston 1975- 1980:Private and Public Battles,U.of Washington Press, 1994 AUG ZONING BOARD OF APPEALS I Lm I VA 1"031 lAF I 7w W"- O' s ell r I rA Lit / b — SAO I■■■ hiki ■ ii .� trz Am � n DARM PX MM ■■� c � �r W Wow sir � t: 1 � ��••�� --. -� , � rlli ;. 4 •a 0 v P �• b J E�ETVEL AUG 10 2071 NG BOARD OF APPEALS a l 9 i t. l r 4 p - Z (D 3 CL N M N r 1_, •_ "::rte �,�. FM AL dim , .. �C• x._.34 �� / l.L.� yr UTA MUMM was •!t� _ j_t_ {' ' � � 1 1, - Z ii{ 't F�SRr7g'°'� Y S i 4l F �Q� APPLICANTS PROJECT DESCRIPTION RECEIVED 1 J n AUG 10 2021 APPLICANT: .t 5 SP_( DATE PREPARED: 7-I 3'--/ 1.For Demolition of Existing Building Areas ZONING BOARD OF APPEALS Please describe areas being removed: - ( c Q H.New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: �l?t h Dimensions of new second floor: N I� Dimensions of floor above second level: ( Height(from finished ground to top of ridge): ?_ A I" 1' 4,,4 lc! g'r P�cccE�n.-fi n„fid] Fv�k Is basement or lowest floor area being constructed?If yes,please provide height(above ground) measured from natural existing grade to first floor: A Ifanr 16yered 6 nfo(16 , -' III.Proposed Construction Description(Alterations or Structural Changes) (Attach extra sheet if necessary).Please describe building areas: Number nofFloors and General Characteristics BEFORE Alterations: S}, r* ctcce--C�56n� 6(Lall YK k r b-Y F3' Q p Cl r 5 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: Proposed increase of building co74ragCe: O Square footage of your lot: �f 15--7 Percentage of coverage of your lot by building area: Z V.Purpose of New Construction: H-e'ca%k+ IMA e, Mfa��o� Q4* f5h)(1 to 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): Please submit 8 sets of photos,labeled to show different angles of yard areas after staldng corners for new construction,and photos of building area to be altered with yard view. 4/2012 UE ,fir J Q STIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION RECEIVED A. Is the subject premises listed on the real estate market for sale? Yes ✓ No AUG 10 2021 B. Are there any proposals to change or alter land contours? ZONING BOARD OF APPEALS /No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? V'6 CJ 2.)Are those areas shown on the survey submitted with this application? VV& 3.) Is the property bulk headed between the wetlands area and the upland building area? &S 4.)If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction?y/w I Please confirm status of your inquiry or application with the Trustees: Qa4l �� a_��to Ain bun - and if issued,please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? NO E. Are there any patios, concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? N U 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 V�_If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: 12e,e sALRH g.P [maf C4oF Q.(kra Ze'-n 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? VA If yes,please label the proximity of your lands on your survey. (o bo - )( 7-3 -- I. Please list present use or operations conducted at this parcel Ryo5e_ It- aCEe_S'04 bli5 and the proposed use a'lt 5 iva(b (ex: existing single family,proposed: same with garage,pool or other) Authorized signature and Date FORM N0.4 A90 ' RECEIVED TOWN OF SOUTHOLD BUILDING DEPARTMENT AUG 10 Mi TOWN CLERK'S OFFICE SOUTHOLD, N. Y. ZONING BOARD OF APPEALS CERTIFICATE OF OCCUPANCY No. -Z 2965 Date . December 19 19 67 THIS CERTIFIES that the building located at 3/0 Qld 114:0)Qx #load Street Map No. Xxx Block No. = Lot No. XXX. NOV. tAlkl.A a Y., . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated Jen. .21 , 19b2 pursuant to which Buiidmg Permit No. 16442 dated Jan. 23 , 19 62 ,was issued, and conforms to all of the require- ments of the applicable provisions. of the law. The occupancy for which this certificate is issued is PriTAte QUe. SWAZy.AxejjUg . . . . . . . . . . . . . .. . . .. ......... . . .. . The certificate is issued to Vincent. Jv.. Cum:Inghain. . . . . . . 10=er. . . . . .. .. . . . . . . (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval N`"R . . ..... . ............ . .. �C.{�.:� .�. .... . . . .. . Building Inspecto FORM NO. 4 RECEIVED 1 TOWN OF SOUTHOLD AUG 10 70?1 BUILDING DEPARTMENT Town Clerk's Office Southold, N. Y. ZONING BOARD OF APPEALS Certificate Of Occupancy No. Date . . . . . .. . . ?ab. . ..13. . .., 19. 73 THIS CERTIFIES that the building located at NIS.Old -harbor. Road. Street Map No. xx.. . . . . Block No. Nx. . . . Lot No. x x . . N.ew �iuff01k . .2J..,y. . . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated . . . •g lir' 1 , ,, 19,71 . pursuant to which Building Permit No. 81433 dated . . ..March• • • • •1• •, 19 71•, was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is •Pr3.vvate -aaceosory•bul;ding (Garage A. Storage). . . . The certificate is issued to phjjjp bermarr • . . . . . Owner . . . . . . . . . . . ... . of the aforesaid building. (owner, lessee or tenant) Suffolk County Department of health Approval . .. . . .. . ..... , UNDERWRITERS CERTIFICATE No. .N.H. . . . . . . . . . . . .. .. . . ... . . . HOUSE NUMBER 1.295 . . . . Street . . Old Harbor. -Read . . .. ... . . ..... . . .. Buildin I g aspect FORM NO.4 /�0 TOWN OF SOUTHOLD RECEIVED V BUILDING DEPARTMENT Office of the Building Inspector Town Hall AUG 10 2021 Southold,N.Y. ZONING BOARD OF APPEALS Certificate Of Occupancy No. . .,Z143A6 . . . . . . . Date . . . . . . . . . . April , 18. . . . . . . . ..., 19 .86 THIS CERTIFIES that the building .. . . . . . . Add;i kions . . . . .. . .. . . .... . . . . . Location of Property .1295, , , , , , , , , , , Old .Harbor Rd. New Suffolk House IUo, Street . . . . ' ' . . Hamlet County Tax Map No. 1000 Section . . . 11? . , . .Block . . .o 3.. . . . . . . . .Lot , , 10. Subdivision. . .. . . . . .X. . . . .. . . . . . . . . . . .. . . .Filed Map No. . . . .....Lot No. . . . . ..... . . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated . , , October, . g, , , . . . . lg 79 pursuant to which Building Permit No. .. ,10433 Z , ... , . . dated , . , , , October . , , ,10, . , . , , . 19 79 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 . .... . . . . Construct. Deck. & Watch Tower.Additions to Existing Dwelling-- . . . .. . . . . . .. . . . . . . . . . . . . . ..... . . . The certificate is issued to . . ... , , ,REED, JOHN D. & SUSAN POPE . •Towne;�44jiWi ' . . . . . . . .. . .... .. . . . of the aforesaid building. Suffolk County Department of Health Approval , , . , , , N/.R. UNDERWRITERS CERTIFICATE NO. . .. . . . . . . . . . . AIR . . . . . .. . . . . . . . . .. . . . ... . . . .. . . .. . Building Inspector Rev.1/81 FORM NO. 3 TOWN OF SOUTHOLD RECEIVED BUILDING DEPARTMENT Town Hall AUG 10 20,91 Southold, N.Y. ZONING BOARD OF APPEALS BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 27317 Z Date MAY 17, 2001 Permission is hereby granted to: JANE ROSS NEW YORK,NY 10023 for : NEW CONSTRUCTION OF A PORCH ADDITION AS APPLIED FOR WITH TOWN ZBA NUMBER 4930 APPROVAL. at premises located at 1295 OLD HARBOR RD NEW SUFFOLK County Tax Map No. 473889 Section 117 Block- 0003 Lot No. 010 pursuant to application dated DECEMBER 8, 2000 and approved by the Building Inspector. Fee $ 75 . 00 Authorized Signature ORIGINAL Rev. 2/19/98 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building inspector RECEIVED Town Hall Southold, N.Y. AUG 10 CERTIFICATE OF OCCUPANCY ZONING BOARD OF APPEALS No Z-26364 Date APRIL 12, 1999 THIS CERTIFIES that the building ADDITION Location of Property 1295 OLD HARBOR RD. NEW SUFFOLK House No. Street Hamlet County Tax Map No. 1000 Section 117 Block 3 Lot 10 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated OCTOBER 15, 1998 pursuant to which Building Permit No. 25226-Z dated DONE 1, 1998 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 RAISED BRICK PATIO ADDITION TO EXISTING ONE FAMILY DWELLING "AS BUILT" & AS PER ZBA #4607. The certificate is issued to JON SCHRIBER & JANE ROSS (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A Buil ng nspecto Rev. 1/81 FORM NO. 4 RECEIVED TOWN OF SOUTHOLD 1 nl lq� BUILDING DEPARTMENT AUG 10 2021 Office of the Building Inspector Town Hall Southold, N.Y. ZONING BOARD OF APPEALS CERTIFICATE OF OCCUPANCY No: Z-25830 Date: 07/16/98 THIS CERTIFIES that the building ADDITIONS Location of Property: 1295 OLD HARBOR RD NEW SUFFOLK (HOUSE NO. ) (STREET) (HAMLET) County Tax Map No. 473889 Section 117 Block 3 Lot 10 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated DECEMBER 9, 1991 pursuant to which Building Permit No. 24661-Z dated FEBRUARY 10, 1998 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 DORMER ADDITION, SECOND STORY DECK ADDITION AND COVERED PORCH ADDITION TO A ONE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to JANE ROSS & JON SCHRIBER of the aforesaid building. (OWNER) SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. N 455121 06/03/98 PLUMBERS CERTIFICATION DATED 06/16/98 MIKE JACOBI PLUMBER c � Bu lding 'Inspector Rev. 1/81 FORM N0,4 TOWN OF SOUTHOLD RECEIVED 11VI\ BUILDING DEPARTMENT Office of the Building Inspector AUG 10 2021 Town Hall Southold,N.Y. ZONING BOARD OF APPEALS Certificate Of Occupancy No. 2143.45 . . . . . . . . . April 18e . . . . . . . . . . . . . . . . . . . . . .. .. 1986 THIS CERTIFIES that the building . . . . . . . , . ,Audition, • • , . . • • . Location of Property 1295 Old. Harbor Rd. New Suffolk House NoS . . . . tree , , t „ • „ , , , , , , , , , , , , , ,,•l-Ja.mlet County Tax Map No, 1000 Section . . , x•.17. . . . .Block . , , 03, . . , , , , , , ,Lot Subdivision . . . . . . . .X. . . . . . . . . . . . . . . . . . . . . .Filed Map No. . . . . . . . .Lot No. . . . . . .. . . . . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated Noyember, • •i 4• , • , 19 ,8 ursuant to which Building Permit No. dated November 23 1g ,81,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 .. . . . . . . . , , , --- Construct an. Addition--SecondFloor ------ The certificate is issued to . . . . . . . . . . , ,REED,, .JOHN D. & SUSAN POPE (owiner,;k6jj%�jCjtj&riC1 . . . . . . . . . of the aforesaid building. Suffolk County Department of Health Approval . . . . . . .N(RR • , , • , , • • , , , • , . , . • . UNDERWRITERS CERTIFICATE NO. . . . . . . . . . . . . . .bending, Building,Inspector Rev.1181 APPEALS BOARD MEMBERS �g�FFQ1,(c ��p� pG Southold Town Hail Gerard P.Goehringer,Chairman 53095 Main Road James Dinizio,Jr. y P.O.Box 1179 Lydia A.Tortora Southold,New York 11971 Lora S.Collinsy p!� ZBA Fax(631)765-9064 George Horning �Ol *ir �a Telephone(631)765-1809 BOARD OF APPEALS Aq A RECEIVED TOWN OF SOUTHOLD AUG 10 2021 FINDINGS AND DETERMINATION April 19,2001 Meeting ZONING BOARD OF APPEALS Appl.No.4930 —Jon Schriber and Jane Ross Location of Property: 1295 Old Harbor Road,New Suffolk; 1000-117-3-10 Date of Public Hearing: April 5,2001 (for addition);April 19,2001*(for gazebo on patio). Findings of Fad PROPERTY FACTS: Applicant's 19,476 sq.ft.parcel has a frontage along the north(northwest) side of Old,Harbor Road of 225.51 feet,depth of 86.53 at the west end and 119+-feet at the east end along Cutchogue Bay. The property is improved with a 2-1/2 story frame residence with additions and detached storage shed at the northwest corner of the property, as shown on the survey prepared 8/19/97 by Stanley J.Isaksen,Jr.,Land Surveyor. BASIS OF REQUEST: Building Department's December 18,2000 Notice of Disapproval for the reason that, under Article XXIV, Section 100-244B, the proposed construction (addition) does not meet the minimum front yard setback requirement of thirty-five feet. Applicant amended the variance application to include relief for an as built trellis type structure existing on*the raised patio construction also located at the front yard with an insufficient setback. AREA VARIANCE RELIEF: The applicant'is requesting front yard setback variance for two structures: one for a proposed AMN of 15.3 x 19 ft. at the southwest comer of the dwelling leaving a front yard setback 9 ee and the other for an"as built"trellis-type•PBLWU facing. Old Harbor Road. The gazebo structure was built on an existing raised patio,which patio was the subject of a prior variance approval under Appl.No.4607(dated September 30,.1998). REASONS FOR BOARD ACTION, DESCRIBED BELOW On the basis of testimony presented,materials submitted and personal inspection,the Board makes the following findings: (1)Applicants wish to add a screened porch that will tuck into an indented corner of the existing house. Because the porch will be built into the corner of the house,only about half of its 15.3-foot depth will intrude into the side yard, i.e., will be less than 35 feet from the front property;line. The outer wall of the porch is proposed at 26.9 feet from the line, a setback reasonably consistent with the neighborhood. Applicants also request approval of the location of an as built trellis-type gazebo.situated on the front patio facing Old Harbor Road. (2) The property slopes upward from the street, and there is substantial shrubbery between the street and the proposed porch location, minimizing the visibility of the porch from the street. • '. •Page 2—April 19,2001 Appl.No:4930—L Ross&J.Schriber 1000-117-3-10 at Cutchogue RECEIVED AUG 10 2021 ZONING BOARD OF APPEALS (3) The shape of the property and the existing improvements make the proposed location logical and practical. (4) For these reasons, grant of the requested variance relief will -not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. (3) There is no evidence that grant of the requested variance relief will have an adverse effect or impact on physical or environmental conditions. (6)The action set forth below is the minimum necessary and adequate to enable applicant to construct a porch and a pmWbin a reasonable location while preserving and protecting the character of the neighborhood and the health,safety and welfare of the community. RESOLUTION/ACTION: On motion by Member Collins,seconded by Member Dinizio,it was RESOLVED,two *R abUlthe variance applied for. VOTE OF THE BOARD: Ayes: Members Goo ' or (Ch ' ), D' ' 'o, Tortora Collins. (Member Horning was absent during this Resol ' n.) This olution du (4-0). P.GOEHRINGE C Y N N/F SARGENT 6IV=or owas S 49' 13' 00" E 193.56' x ar i.r r `SAND w c� w STORAGE SHED q ASPOAT 4 ,gyp t z cin �� tQ O �G�► W t Da1or L ns D' j. 1 m 0 ROff SrY v►_ �'`r 4YOOD2FltAM£ •'eacc�me`Ec°'"�isa' '` I s s' RESIDENCE * I /zmsioa*1 _ WODDENDECK O it A.HIDE DICK Cr Ft � • �� r4Y S y .m BOWDBN B1bL1f FMA ^� w/rikW 7B�71 HIF ,F � JAS. WHELAN BULKHEAD CA( FD TIE � 116.461 sa N 46. 18' 30" W 225.51' OLD HARBOR ROAD SURVEYED V19/97 SCALE f -.40' AREA= 19,476 00SF TM f000—f17-03—f0 AM= N 0.447ACRES GUARANTEED TO MAP OF z JOH SCHRIBER DESCRIBED PROPERTY c � SURVEYED BY JANE Ross co sn?JATE O rn STANLEY J. 1SAKS£N, JR. Y NATIONAL TITLE/HS Co.U.S.us TRusr co. NEW SUFFOLK, TOWN OF SOUTHOLD o c m P.O. BOX 294 TOWN'OF SDUTHOLD NEW SUFFOLK, NY 1 6 SUFFOLK COUNTY, N.Y. o v 516 734-5835 D o SURVEYED FOR JON. SCHR/BER � v JANE ROSS rn lCE LAND RVEYOR r.,onD surea ipicw soaea�v , ,,,tee o, D NYS / NO. 49273 L uPoGTL•Syj"fl. 13 6palL9B 97R646 w _ tz N f1 t7 ON Q r--� o , .ti 0 u UP..t Q N a (13m N/F SARGENT a z 6 or otxnts 0�h S 49' 13' 00" E 193.56' , 0 N , aG (SAH to ./o xos r A"\ - C yS Sa AA0 t STORAGE SHED -A� ,r ie Soo sza �svtutt a� p �a A nG m><a= rm ' gar 'N Ch N ta•s• serer _ �+! 6• s. � vos � w1 sl IL 2 1/2,STY ' 0"RonarErraramaour Iz=rss9 -WOOD FRAME aft Am a,#— joo rGD r"�trs m �' RESIDENCE 3 I trn+s�m / agww s• rraaots"otr,r o w S q � v .; Bl0L1t NAO y„_ �i W rr/ra�E7r6�pq, TC r� N/F t=1 WHELAN BULKHEAD CAI FD TIE = 11 E 4S' N 46. 18' 30" W 225.51' - •�`� OLD HARBOR ROA/ ' i Gwmntees indicated here on shall rue r only to the person for whom the surrey SURVEYED 8/19/67 Is prepared, and as his behalf to the SCALE 1=3O' I title Caspar,•,Covarmentot Agency, AREA= 19,476.005F T1I 1000-117—OS-TO r andhfg kW4Vr-en,if listed hereon, andOR m 'ha essignees of Iha tending ingitatior, 0.447ACRES GUARANTEED TO MAP OF 3ucranteas are'scot transferable to JON SCHRIBER DESCRIBED PROPERTY :dditlaml laUltutia 'rr"a or subsequent afjRVEYED BY JANE ROSS SITUATE FIDELTY NATIONAL n7LE INS CO. Unauthorized alteration or addition to thh STANLEY J. ISAKSEN, JR. V.S' TRUST CO. NEW SUFFOLK, TOWN OF SOUTHOLD surrey is a violation of Section 7209 of P.O. BOX 294 TOWN OF SOUTHOLD the New Yank State Education Law. NEW SUFFOLK, NY 11956 • SUFFOLK COUNTY, N.Y. 516 34-583 CIIRVF•YF11 I'AR.mAJ QrI.Imprp Copks of this sumy map sot bearing : APPEALS BOARD MEMBERS �O G Southold Tow0lall ay� 53095 Main Itoad Ir Gerard P.Goehringer, Chairman a James Dinizio, Jr. y 2 P.O.Box 1179 Southold,New York 1197_ Lydia A.Tortora Lora S.Collinsy O� ZBA Fax(516)765-9064 George Horning Telephone(516)765-1805 BOARD OF APPEALS TOWN OF SOUTHOLD RECEIVED FINDINGS, DELIBERATIONS AND DEtERMINAI� 2021 REGULAR MEETING OF SEPTEMBER 30, 19 Appl. No. 4607--JON SCHRIBER AND JANE ROSS ZONING BOARD OF APPEALS I�( PARCEL ID #: 1.000-117-3-10 � V\ STREET& LOCALITY: 1295 Old Harbor Road, New Suffolk DATE OF PUBLIC HEARING: September 24,, 1998 FINDINGS OF FACT PROPERTY FACTS/DF,.SGRIMON: The subject property Is lotted on the northerly side of Old Harbor Road, Suffolk. The August 19, 1997 survey shows a lot size of 19,476 sq. ft. (including land underwater) and the following buildings: 2-1/2 story frame single- family dwelling and accessory storage shed. Also shown is the subject raised brick patio with Umber border. ¢ASIS OF APPEAL: Building Inspector's July 15, 1998 Notice of Disapproval with respect to section 100-244B and a setback of less than the required 35 feet. AREA VARIANCE RELIEF REQUESTED BY APPLICANT: The request male by applicant is for approval of the"as built" raised, unroofed patio (addition) at 14.5+- feet from the southerly front property line, along Old Harbor Road, as more particularly shown on the August 19, 1997 survey prepared by Stanley J. Isaksen, Jr. REASONS FOR BQARD ACTION, DESCRIBED BELOW: (1) The granting of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because the"as built" patio is not more than seven (7) inches above grade at any point. (2) The benefit so�ght by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance. The patio Is raised to Insure water drainage is away from the house and for aesthetic reasons. (3) The requested area variance is not substantial. (4) The variance will not have an adverse effect or impact on the physical or 4V f Page 2--September 30, 1998 ' Appl. No. 4607 - 1000-117-3-10(Schriber) Southold Town Board of Appeals e RECEIVED AUG 10 2021 environmental conditions in the neighborhood or district. ZONING BOARD OF APPEALS (5) The alleged difficulty has been self-created. (6) In considering this application, the Board deems this action to be the minimum necessary and adequate, and at the same time preserves and protects the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTIONIACTION: On motion by Member Dinizio, seconded-by Member Homing, it was RESOLVED, to GRANT the variance, as applied for. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, COLLINS, AND HORNING. This Resolution was duly a (5-0). ERARD . GOEHRING , CHAI AN 10/B'/98 Approved for Filing 1000-117-3-10 REEIVED AND FILED BY THE SOUTF;TOLD TOVYt1 CLERK DATE /z)/$!!fHOUR /.'00 ?A/ Towyn Clerk, Town of Southold AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval,use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricORMAFtstrict. 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 Gei*W MQW1 Law. / �, 1. Name of Applicant: ZONING BOARD OF APPEALS �� )yeti , 2. Address of Applicant: Q lcl -Am,1by 3. Name of Land Owner(if other than Applicant): _c¢ 4. Address of Land Owner: 5. Description of Proposed Project: -C-14— Ai nvt�(1 eco rr6 i�ch� meq l\ �prm. - d l c a n l ccr� r kn S 6. ' Location of Prop rty: (road and Tax map number) 7. Is the parcel within 500 feet of a farm ope�rNo ? { } Yes No 8. Is this parcel actively farmed? { } Yes 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. a (Please use the back of this page if there are additional property owners) - 7 / i Signature o pplicant 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 Short Environmental Assessment Form AUG 10 2021 Z Instructions for Completing ZONING BOARD OF APPEALS 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: 5�vdcc� Project Location(describe,and attach a location map): Brief Description of Proposed Action: / Oco - U7 - 3 - 10 Name of Applicant or Sponsor: Telephone: ��U SS ' i �+ ��✓ E-Mail: Address: City/PO: State: 'Zip Code: V—C T 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. X 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? 09 acres b.Total acreage to be physically disturbed? 0 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. 11 ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial Residential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑Parkland Page 1 of 4 RECD �D 5. Is the proposed action, AJU NO YES N/A a.A permitted use under the zoning regulations? b. Consistent with the adopted comprehensive plan? ZONING BOARD OF APPEA / 6. Is the proposed action consistent with the predominant character of the existing built or nater 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? 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: 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? b.Is the proposed action located in an archeological sensitive area? 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: t(ur 14. IApfitify 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? V/ 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? 9 NO❑YES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: 01�i0❑YES Page 2 of 4 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)? If Yes,explain purpose and size: RECEIVED / rl .Has the site of the proposed action or an adjoining property been the location of an active or c �t NO YES solid waste management facility? ZONING BOARD 6� PEALS Yes,describe: r20.Hasthe site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES pleted)for hazardous waste? escribe: I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor e: p Date: /7—1-3 -z-1 Signature: 2f- i 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 / I No,or Moderate AUG 10 2021 small to large impact impact YY ma BOARD OF APPEAL 5occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. ❑ 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 RECEIVED Board of Zoning Appeals Application AUTHORIZATION AUG 10 2021119A (Where the applicant is not the owneZONING BOARD OF APPEALS I, Russell Roberts, residing at 145 Avenue of the Americas,New York,NY 10013, as owner of 1295 Old Harbor Road,New Suffolk,New York 11956 (SCTM# 1000-117-3-10)hereby authorize my attorney, Patricia C. Moore, to act as my agent to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals Russell Roberts APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNERS AGENT) The Town of Southolds 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: ROBERTS RUSSELL AND MOORS PATRICIA 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 or company name.) NATURE OF APPLICATION: (Check all that apply.) RECEIVED Tax Grievance Variance _X AUG 10 2021 Special Exception If Other,Name the activity: Change of Zone ZONING BOARD OF APPEALS Approval of Plat Exemption from Plat or Official Map Other Trustees 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. A business interest means a business, including a partnership, in which the Town officer or employee has even a partial ownership of(or employment by) a corporation in which the Town officer or employee owns more than 5%of the shares. YES NO_X Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself(the applicant)and the Town officer or employee. Either check the appropriate line A through D(below)and/or describe the relationship 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 than 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 Submitte t is 4 day of-/ Signatur Russell Roberts r' Patricia C.Moore AGENTIREPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics Prohibits conflicts of interest on the cart of town officers and employees The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME : (Last name,first name,middre-ZRW unless you are applying in the name of someone else or otherlaf*j=as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION:(Check all that apply) AUG 10 202.1 Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion NING BOARD OF APPEALS 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 r3 0 20 Signature G�Z Print Name Town of Southold LWRP CONSISTENCY ASSESSMENT FORM RECEIVED A. INSTRUCTIONSAU G 10 2021 1. All applicants for permits* including Town of Southold agencies, s nwbgMe s P6CAF 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# &-,7 - Jam" - /O The Application has been submitted to(check appropriate response): Town Board 0 Planning Dept. 0 Budding Dept. 0 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 El 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: e."U6/?��,� ��Ce���! ��c/G r�o�fzA �Z r'ncrF Location of action: Site acreage: / RECEIVED Present land use: e'r AUG 10 2021 g 12— 7 p ZONING BOARD OF APPEALS Present zoning classification: 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: �(i 25 P �� �U bc- t (b) Mailing address: r�ld Maxb-&Y (c) Telephone number:Area Code( ) /"7 -- 7?0 y �� (d) Application number,if any: Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes ❑ No 1,E If yes,which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space,makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. Yes ❑ No ❑ Not Applicable -tea fzo-r, �YY�s/7�u� 'Sf�ir h ice �rtit� Giy O " 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 11 No,V 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 Q Yes No �d Not Applicable RECEIVED AN 10 70t znNING BOARD OF Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria Yes 0 No ® Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria © Yes 0 No �Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. Yes [] No Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. RECEIVED ❑ Yes © No' Not Applicable AUG 10 2021 - 7OmNr BOARD OF AP ACS 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 D9 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. ❑ YeO No L/O&J 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. Q Yes ❑ No L49 Not Applicable RECEIVED AUG 1 0 9071 ZONING 1-3 Q-.ARn nF PEALS 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. E] Yes ❑ No L' 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 W Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No L Not Applicable Created on 5125105 11:20 AM ,w � F r i r +�1 1 i 4d 0"A 1 � q RECEIVED �/�0 0�� -� AUG 10 2021 ZONING BOARD OF APPEALS si 4'r - 4 r- All. <* k i K-. r - i - „X`, ` � �• O•S` t ,:p' is tv a - Y- c y� IK - � �t i�T 1'�t �_ ->r- ¢_ ._.;•,,�.�,! Vis' -� _ �• ' Wit , �' + i.il" •• 7^ - - } ol r - . I j 9 1 { '+PI •��_.t Ik��f T 1. ���j, '�'/��',Q}� e . ," ,.. ��` ■ •;, is !A� �r• . c .o Y .ea► 4 •�•1 .. ♦' , b >, •" �.• �\. ala �'� 7 ��. .�fF". �:,�• � ••er M•`� ?., -"t°r1 '.Y`..4i� ,.ay6E:' - •�?'1... l-' Y q. _ !=}. '_gr 3y�, 'i _�� R� fit•• � r .; r c '•s t _ ,~ fie.. ' .. ���. ..`r 1 � ... _. � _ _ ,•meq 1N" .�i r o 1. c dw ti1 � ice'�- � �• !�. RECEIVED AUG I 2021 ` ZONINGBOARD • 4 1� RECEIVED AUG 10 2021 ZONINGBOARD OF • r V�9 M1-_ vp lit I,- 4A k 40 h- 0. 7 k# e s ° Vt AM T! w _ 14 fit, i TOWN OF SOUTHOLD PROPERTY RECOO 1*,�D1 OWNERST —( _ _--REETVILL=--_. __.—..---_ =_ AGE DIST. SUB. LOT r i dla _ r— E FORMER OWNER _---____-_-- ACR ----I -----_—.._—____.------- S W TYPE OF BUILDING RES SEAS' I VL f FARM I COMM CB, MICS. Mkt.Value LAND IMP. TOTAL _— -- I DATE REMARKS _... —21 AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FAAcre � VOAcre Per --------- -_.. _ Tillable FRONTAGE ON WATER -- _—. --------- Woodland i FRONTAGE ON ROAD — Meadowland -- --- -- .-- DEPTH House Plot -✓ _— _- ---- BULKHEAD — Total ( -- 7o' --.---- — DOCK I� O z z D G) m n m 0 0 � � N Q 0 D N -p r m 1,-,(", qI.-3-%0TOWN OF SOUTHOLD PKOPIERTY RECD //' fD0'6 OWNERSTREET VILLAGE DISTRICT SUB. LOT FORMER OWNER N E .e ACREAGE1 TYPE OF BUILDING 7T— Jd S W"T. ww" /4 R - SEAS VL FA com ' ------I�—. � . IND. M,I CB. SC i Est.Mkt.Value LANDI IMP. TOTAL DATE I REMARKS 4/ A e".d L14 A,j GE PIlI6 NEW DILOW ABOVE FRONTAGE ON WATER /,9 Fan,, Acre Value Per Acre Value FRONTAGE ON ROAD Tillable I BULKHEAD Tillable 2 1 DOCK Tillable 3 Woodland Brushlond House Plot ---- --- . ..... Total O G) cz > r) m -n 0 > m L. � I i 117.-3-10 4/10/7019 M.Bldg. kundction Both - Extension j Basement Mr !Floors �� ExtensionOr Ext. Wolfs Interior Finish i�tJ � Extension ,:t-' •"�! - Fire IG . .� Heat Porch Ry�; Type Porch I Rooms t st Floor Breezeway _ T Patio ._ Rooms 2nd Floor `ti? e Gore e _ _.._..._. 9 _ hivewoY Dormer N O z z n G) C W s� O p O O ry T D C= v v IT D r LU a a o Q w `V LL O L D 0 LU Q� LU O Q 0 z z O N �71 DA I �y r; Am 17 117.-3-10 2/21/2020 ETr M.Bldg. (00. 7 is a(p� Foundation ,°p,-��-� Bath y Dinette ExtensionL ��,� =` 142 p Basement Floors Kit. Extension nn 61.>tr Ext Walls Interior Finish �L. L.R. Exte1rtsion %� Fire Place Heal .. p{p D.R. Patio - - Woodstove BR. Porch i 4o Dormer 3.a.,04 Fin.B - --_ Deck Attic Breezeway Rooms 1st Floor Garage•: JNTr oq Ost"1" Rooms 2nd Floor i - � RECEIVED PATRICIA C. MOORE I AUG 10 20�j Attomey at Law 51020 Main Road �QNIN�BOAR4 OF APPEALS Southold,New York 11971 �n Tel: (631) 765-4330 Fax: (631) 765-4643 August 6, 2021 Zoning Board of Appeals Town of Southold PO Box 1179 Southold, NY 11971 RE: Russell Roberts 1295 Old Harbor Road,New Suffolk SCTM: 1000-117-3-10 Dear Chairperson Weisman and Board: Enclosed please find an application to the Southold Town Board of Appeals and a check in the amount of$1,000.00 made payable to the Town of Southold. e As is stated in our application, my client will conform to all the requirements set forth in the Board's prior decisions; Wilson-Ryckmann decision # 7454 dated 2/4/21 and Louis & Erin Nardolillo decision #7457 dated 2/4/21, which decisions set forth the standards to consider for the art studio to be a customary accessory structure. Thank you. Very truly urs= Laatricia C. Moore i o��sUFfO[�-�0 ELIZABETH A.NEVILLE,MMC y► Gy Town Hall,53095 Main Road TOWN CLERKC P.O.Box 1179 cn = Southold,New York 11971 REGISTRAR OF VITAL STATISTICS • .F Fax(631)765-6145 MARRIAGE OFFICER y �� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ��,( �►a 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 12, 2021 RE: Zoning Appeal No. 7564 Transmitted herewith is Zoning Appeals No. 7564 for Russell Roberts: ,,,'Notice(s) of Disapproval ,,,'The Application to the Southold Town Zoning Board of Appeals Applicant's Project Description Questionnaire Correspondence- 4-o 7-3A- 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 Applicant/Owner Transactional Disclosure Form(s) Agent/Representative Transactional Disclosure Form(s) W LRP Consistency Assessment Form Photos. Property Record Card(s) Maps- �Survey/Site Plan �/ Drawings r'- Town of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 08/12/21 Receipt#: 286135 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7564 $1,000.00 Total Paid: $1,000.00 Notes: Payment Type Amount Paid By CK#10779 $1,000.00 Patricia C. Moore Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Roberts, Russell 1295 Old Harbor Rd Cutchogue, NY 11935 Clerk ID: JENNIFER Internal ID:7564 d37b.cii(8fd-'430e-9144,-c If14781e30.4 kimf southeildtownn : ov AFFIDAVIT OF PU, LICi4TlOf The Suffolk Trn:es LEGAL NOT[CE SOUTHOCD TOWN ZONING BOARD OFAPP'EA15 vuRSDRY,DECEMBER=2,202 .:at 10.0.0 ANI NOTICE IS liEEtEBY GIVEN,.pursuantto Sect ori 267 ofthe::Towrt.lauv and.Town Cade Chapter280. _,___... (Zoring :Td";of South ld�the"follbrn Ing",IIN..PERSON"'publ c'hear ag will'fie held I y the s0U7HO. T01tUN: MING: BARD C3>Y APPEALS at tht'Torun Hall;53""'i larh Road,Southold;;New Ygrk 11 1-Q95 Y oCi THQ%WAY,0EC'W0M-212021:; h*_ public.may ALSd JtAvva access toview,i,isten.and ma e,eomme t during the'pU13:LIG TARING as it-is Ina,vta ZONI WiBiiAR. Details about how fo tune_In and maf�e comments diiztng the'PUB.L.IC HEARING are an'the Toviin"s website eaph, 'A 'is meeting whtc t ai+C;e viern�ed at Imp jfsoxitholdtownny. Q aget�dacehter Aftflanally ,there , W.01 be,-0141k,totf eZoom U�eb'rn�r meeting at http/Jsoutholdtownny:gov�cal.'endar4aspx. 10.00A,IVt`, NEVI!SUFFt I_K 1NATEItFROt FUND#75,3 Requestfor a Wance.from ArttcI ;Xl- SectZtin . .2$Q-85D(5)'and the Building lraspector'sune 23,2021,Arnerrd Qctober 12,2021 Nonce of.Oisapprova,l based ori an applcatlai�l'fora peg rot to mstell a f+eostartdtr�g sign;.Ot 1}located I;ess tha'r the mirlrnum ...... .... requrred 15 feet:frorri:the edge of pavement;:located at.55:0 First S#reef,:(Add toG,reat Peconic Bay) New Suffolk NY SCTIVI No 1C)0EJ-1 8,1$. � 10,10 A 1V1 F1SH1rRS. I .LA—D CC}MNiQNITY CENTER#756 ; Request for apeciai EXceptaarr pursuant to'-own CodeArti�cle 1"li,Section 2.8.-.4.3 15'},theairpHcan.js requ+est,ng permNsion foal recreational'irse upon premises.accessorj+to acommunity centers aril to constrt7st twa paddle te►�riis/pickTeball�ourt.s, located at}FaSc ane,.Frshers.lsland,[ ZTM#1000- Z 111:20 A,..M,, RUSSL ROBERT: i�7�5�6 "�-Request for Variances from Article Ill,Section 2;8015 a:iid . Request: . to Overturn the Bwlding lnspectprs Jul,.y 1 ;:2021,Amended:July 30, 1) 1 IVotite of l is._prQval f,ase`d on:app application,to co.ristruct roof:lne a.lteratons:to an.existing accessory structure;and to•alter use of the ex 5trr�g:accessbry strU.cture to:an artist,studio,at`1):Iocated;less than the code required'trlinimurTl.si.de 1!ard: setback of-5 feet;2)the:proposed use:in he accessory,buildmg;is nota°permitted.accessoryuse, located at.1295010 Harbor Road, (Adj to*.qj ague Harbor)New''Suffolk NY.SCfM:No.1000.=117 3-1 IQ:30 A MI.-JOHN AND(MARG°ARET KREPP#756.:5:—Request for Variances,from.Artic.le'111,Section M 1S; Article Xxl(1,Section 280-1Z4;:and the'Building Inspector'sJuly 27,2021 Notice of Disapprova1.based on an application for. a permit to constrgd,.additions and alterations to a single'fomiily.dwelling and'to:legafize- an accessory shed;:at 1)dwelling located.less tharn the:code eequired'minimum side yard setback of 15:feet 2) SOUTHOLD TOWN'BD OF APPLS .2 d37h0p 0=a8fd-430e-9144-c1.fl�4.781e304- kimf@so;utholdtown'nygov AFFIDAVIT OFPUB.LICAT101N The 5uff..o1k 71os- dwe(ling:iocated:less'than the code.r.equired:m n' num co`mbtnedside yard setback.of.35 feet;3)".as :bunt t <s.hed.located.fess:than:"theaided.xequit dminim.urim:srdejard`setEack:of1Qfeet:located at: 12351st.nd View.lar e, Attj to Shelter island Sawrtd).Gr'eenport#,NY SC rm No; 000457 2-4I:�:. 1t:40,—AM.--MIC-HAEL-A.ANID-MM t EN kELLY-#75 6 ~Req�uestftir a Var ancd from krttcle EX111;7-- 2 d 124;:and ttie BUitding.lirspeCtor'S Arxgust 10 2fl21.Notfce of Disapproval:based on anaPplicaticn for permit:to:cortstraJct an accessory rn gr �und.stitvatiliritig peat;at )more th'an.the.eCrde permitted maAm u1n. lot`coverage of`:2J%,.iocoted at 145 'lVlarteie Lane,ltliattituck,tVY:SC"l TM.No1000 1442- : 10-50'.A M. JONATHAN D1VELLQ#75'72 Rdgrlest:fat o ua:r an from article XXfii�Section ZBU 1,2-A d th6 5tiil trig Inspector`s Au tst'6,202 ,Notree of I approuaf based.an an apptic itrorrfr r a permit to deriiol s and reconstru`cta`sing1, faM-Ify,dvuelR: at.1).located:Cess th-owt'he.code mintmum required franc yaitd setbkk of 35 feet ,located'at.255 Curavin Street,+Greenport;NY.SCTM No.:100(i-481-94:2; 1,40 A,M TAtYiAR:H tD106 LLC #7 68;-Request fot`:a iTarranee frflm ,rtri i;e Ill,Se tfol;28`0 5;artd the l3urldig tri5pectbr's Augtx�t=9,2021 Motrce of CJlsapproval based.on an applra#tvn.for a perrrrit cot struct:an acoSso.N� round sw imang pool.at 1) located iri.other`Il an flies rode required rear 'In 8 �ardx lc;sated:at:21~ S Route,25f t tient,r .$Ci I± No:1 004- 23, 1.46 P.l1/l..n=pl_TER I ATIES1 ANQ NiADEt 1�1E JOYCE Ot�VELLO #7563 Request for.a Vofianoe frnrn Article XXt:tt,Sectlorr 28Q-124 :artd the Buifd r<g;lnsp ctor's July�,.x(}21 Nonce of Qisapprovat:based:orn art app6,ca#got for a:perintt<to demolish an existlrig accesso arege and construct a ire4v aCeessorr garage; , rY ):ritore chair the:code pomitted MaXim-lo ro c#Y rage of 2t1 ,ldoated' t^BSS`Battey;A enUe: G.r`eenport:� .. NY':STM No,1000 34 . s14, l�1f,:; fC{MBI=Ri,Y PAi.LR,I� O #7-7i.e tie t for�/ar atrees.frpm Ar icie,lf(,: ectioh:28, A Article X)El)r,Sertoli 2$Q=124,;acrd the:Building tnspettor's,itrly 23,;'2021:Nofrce ofDrsapprouat`leased.on ori: appiicatlmrt flit a permito demoitsh its:per Town°Code: iefinrtrori)<arid:reconstruct an:existing singl'e fam fy dwelUhg.;at 1)located.'tess than the.code rnlrirrtu:m.required combined side yard:setback of25 feetf. } ttia�t the ciade.pel-mitte�maximum I:ot coverage afi:2Q/;:3)`;exrstltg hat,tt�:h loca.,ted in other tfart the required rear.yard, located apt;155 Pin',owood Road,co%hpgoe,M.-59M No .1- 0-0-1 NOi31 N FQR:tC PROJEC ';:LLCJOLD:MILL IN:N 7573-Requestfor Varidnces from Article 7fltJ Sectron.280=56 and the:Building In's ed. r-'s June 30,2021 Notice of Oisappraual:based in*an.application for a'permit to constro additions°and.aiterations t.an.exlsting,restaurant;at1)iocated,less ttian°the(ode: minimum required front..yard:set4pcR.of 3S`feet,2)!prated less than the.;cod*e minimum=required rear yard; setback of:25 feet,3}locates! less than the€ode minimum required side yardsetbsckof=25 feet;4).more than the,code permitted maxfmpm lot coverage of 30%; located:at:5775 Mil{:Road,(AdJ;,to Mattttuck Creek) . SOUTHOLD TOWN 111D. OF APP.LS' 3 d37bdce0-a8fd-430e-.9'144-clfl478-le�-304 kimf@southoldtownny:.gou. i41:f1®A1/l`f OF PUBLICATIQlal' The suffolk Times �� tVlettituck,NY SCTM;No:ioo,0.106 0A. LI P.M.-STEVEN COR.QOVE'S:AND:MICHAEL GULIZIO 47562—Atop e5t.for U;arianicesJrom Article ill, Section 2I30 15Arficle XX1IIS,ection:280 12.4a`0dthe Burleing in.spectoC's May 17,2021 Notice.of Aisapprova)Based on and-reconstruct:a.sln,gle family dwelling; - attached.deck:and to;install art-accessory m-groundswimming pool,at 1};located less than the code minimum required comWed side yard setback of 15 feet wit, ides }:located.less than the.code iliintrrturrt:rehurred cornWA side yard setback of 35 feet,3).mo:re than the code permitted maximum: lot; caves$.;of 20V 4)the proposed swimming pool 1"ocated n.otiher than tt a cotle re. u red dli 14`cabed W$',4 Island View Larief(AdJ.�to.S)tielter`tsf�itid SO;Q*nd)G(genport, I*V S.CTM NO;<1000-§72.26°, _ 1,40.P M) -JUA(V-ACE1�Eba fk7$7R' quest fora 1Iariano,ft.omArticle 7(Xlll,Section X80 1�4 and.thd 8flild�ng 4:rspeCtpr's Au4st9t.202-11W)tice of Misapprova) "Ob" ",01 on'an appl�cat�on far a"permit to leg an ).. .. as=buE(t'�wood,deck attached to a s(Yigle family dwell,ngat.1)located less tha.rl'the,Dade minimum rerjUired,:rearyard setback of 10,feet located::at 27.75 0ounty Road 4$, iVtattituck, NY,-SCTlVI:No .100.0.- 1.50 P M DAVM AND LISA ClFARELLI.#7551—(Adj,:from lV:o�ember4�.2021)Request:f Variances °from Article XXlll,5ectoh28 -124itd the. uildjng:(nseetor'SJuly 1,Z02�Notice of Disapproval,based.on:an appIkoVo:n for a:pe.rmrC to demolish:an exist rig dwelling and corrstrUct a single family dwelling; lova id je tharr'the code required m nitmul�side:yard setback sof 10 feet;otn�two sl de`yards,.located at:; 1'674 Peconic Bay Blvd'(Ad�,to`Peconlc Bay,'Latlir (;.} YSSM.Nt�.19Q0=7 Z8 5 13 The Boad:of:,4ppeals:yuill hear`altperso43sarthe�r.reAresentat�ve$;;desring Eo fe,kreardatea.ci#:he:aring and/o.r , de idrlg to sub.,.mit written statements befo.r,.e'th conclusion of.e4,c hearing Eaeh heari) t riA:not:start: earlier tkarr . des.gnated above.. Fllees.are avallal le for review old The,ToWn's WN bilrik/Lasorfiche under Zon.'g,9" d: . Appeals(Zl3AWard Act onsrpendlbg. ick Unk http.f/24.35 28:228.2, '4q Contact our office at(63;1}765-1809;.or by email: k(mf@southoldtownny:gpv Dated. .November 1$,`='i ZONING 9QARD OF APPEALSf LESLIE KANES Wf)-S �,CHAIRPERSON' BY:Kinn E. Fuentes,543:75 Main Road (Office:Location); PA.pox 1179,Southold,;:NY 11971-095:9 SOUTHDLD TOWN BD_OF APPLS 4 y d;37bdoe0-a$fd-43(Se 914. c1f14781e304 k mf@southol.dtownny gov AFFIDAVIT OF PUBLIJ ATION The Suffolk Trr»es I State::of New.Ybrk,. Couoty of,:Suffolk; , The odorsr ned is the ataixhorized designee of T,I�e>Syffioll 7irnes,:a Weekly New pa4pe,r published:in; Suffok .Cuunfy�Now York I certify that the;public ra°once.,,a::printe l copy of which m attacht'd.h'are`to,: waspr'itted.a.,rid published in:tlls ne_wsape:rola the fiollcrwng dates; This nevitspa.pe.r fas been des%kiated: y the county'Clerk df SufEolFi County,as a:newspaper of record. iri this county,aril as such,rs;eligible to pubish such iidtrces;. 5rgnatUre: Elrot'f; Putriarri: :. ..__ .. Printed 8utiscr'ibe.d and s ruorn:>ta before rime, This z9 day of No.ve6mber 2a2:1 . Nota Signa re ;,R Y. �q6�( ���:a �ljy 4 0... 3 STATE a `OF AW YORK '; QTA-R PLBLI�, N Nota .Public:Stam a�naNY ry p (" UIRL634d�3 P� $0UTHQMT0WN BD.OFAPPLS 1 BOARD MEMBERS OF SOU Southold Town Hall Leslie Kanes Weisman,Chairperson ���► rif�l 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. • �O� 54375 Main Road(at Youngs Avenue) Nicholas Planamento �y100u ,� Southold,NY 11971 http:Hsoutholdtownny.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, DECEMBER 2, 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, DECEMBER 2, 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.qov/agendacenter. Additionally, there will be a link to the Zoom Webinar meeting at http://southoldtownny.qov/calendar.aspx. 10:20 A.M. -RUSSELL ROBERTS#7564—Request for a Variance from Article III, Section 280- 15 and Request to Overturn the Building Inspectors July 14, 2021, Amended July 30, 2021 Notice of Disapproval based on an application to construct roof line alterations to an existing accessory structure, and to alter use of the existing accessory structure to an artist studio; at 1) located less than the code required minimum side yard setback of 5 feet; 2) the proposed use in the accessory building is not a permitted accessory use; located at: 1295 Old Harbor Road, (Adj to Cutchogue Harbor) New Suffolk, NY. SCTM No. 1000-117-3-10. 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/webl i n k/`Browse.aspx?d bid=0. If you have questions, please telephone our office at (631)765-1809, or by email:kimf@southoldtownny.gov. Dated: November 18, 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 Cz Southold, New York 11971-0959 ®1 �S'v J Fax(631) 765 9064 ZONING BOARD OF APPEALS DATE: November 1, 2021 RE: INSTRUCTIONS FOR PUBLIC HEARING The following policies are required by New York State Law Dear Applicant; Due to public health and safety concerns related to COVID-19, the Zoning Board of Appeals will not be meeting in-person. In accordance with the Governor's Executive Order 202.1, the December 2, 2021 Zoning Board of Appeals Regular Meeting will be held via video conferencing (Zoom Webinar), and a transcript will be provided at a later date. The public will have an opportunity to see and hear the meeting live, and make comments. y'? q "t �x +;"v �, a'c.�$` a ,rA'+s ��s.,,,a-^ ^^�7,-"�t".,. : x -,.a . ¢,asr� ,-;r t a B�low,pleasesee�'struct�on yorthe��deoj cone>'encekyhearing andmater`ial required to prepare' go, '`'�rL`� z'e�, �` c x r+a ti:.`�Y- ;? zS fort e ZBiublrc'hearingvlvchuinludes PL°jASE�READ CAItEFULI;Y ``k ' ` t ' 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 November 23, 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 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 November 23, 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. e Instructions for ZBA Public Hear�� s Page 2 Please send by bt' Certified.N!'a 1,jReturn Reeeapt 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 November 15, 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@southoldtownny.gov or elizabeth.sakarellos@town.southold.ny.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/0/doc/l022250/Pa el.aspx. I�VIPOR_ N�TzINSTxI��TC�T�t�� 1�15�• �-��. �� ��, g�y��t �F� N� ..�� � ..c:;- ,, �w�a�z i �-^�,r.N', �. ._�,^'rs��c �,.��c�"�'2.S�3:m' s"�z `acz'��kY�.-.``�",.:r._.��� ry�'� `. :-;!'Sy�<'k.� '�ss�� 3:����r�c.•kt"'��ZT.`�`x y;: 't��gt�.,^'; Sca�n���an.�d �.e �aal��th���� TSP..S� �naling���rece��ts,Y� g�een,��'signature�eardgs��an affida ><tto lmf(asouthoidtowsnnyr'goV; and ** PROMPTLY SUSPS M�A$IL �d}�'��r-tr c,e x '�" r}v i�; �� ,� � � �z'-, �3Kr- ax �. zfi �a �'`zN x . ,? y ^ .s, yr � � >r ru '2.$• ?z ex ,. �r�.meq..-:.-•���`u'���,� �� .e �k '�. y�.r �ey��'a Y.k�� �hL ��'f�x`_.�7����,`_S����.�t�tz .a. - ��*� i sx s�:b Y�; 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. 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Customize Search Sort results by, Relevance:v f ' 4... ti �Pe7ds I-tanager:lechnt Seart . ,�_.___—_ �-.•'``®7016' . 'Board Actions-g3 Pagets) . ,1�0%ose rreW_ - Page count:M Temp)ate name:Board Actions .:' Page 3_a Colin and Kristen Cashel PROPERTY LOCATION:162 Lower-SMnile MII,Fisher_ ' 1 Page 4.-19.2017#7014 Cashel SCM No.7099-9-1-26 minWus apprwStto remo_ Page S...y 19,2017#7014Cashel SCrtA No.10069-i-26 GRANT,thevarlances as, ,:'�Seud1 seams Page 9...COUN&IW STEN CAAiEL SECTION 009 BLOC_ Page 20-.Thomas ANgren(f2shel}PO Box 342 Flshers lsland.NY.� FV_Show more information._ . 7018 .. - Boaid Actions-56 page(s) . . 7 Page count 56' Template name:Board Actions '. - :�� . 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[.[ �s •„jZeA-0V/972017 Agenda. 2'y -( bl'eatton date .. __........... 12/1612016215:14 PM -`i.:.© Last modl0ed ����017Agerida 4 ?� _ . t 6/19r1D174:53'.54PM ZBL02/02/201714eadng ._.___.AS_.._. _...._.... ............._........_ .._.... .. ... .... _ .. ._ _ ' Sadata 1 1 Cl zed-WOW2017W 3 ..... ._.._ .__ _._._....... . •:.a 0 ZBA-U2/16f2017Agerl�a 3. si No meiadata zssltTed r-.�. ..' .- .:_.. ....._...._ ...__:___. _..._........_ _ .... .... .. . .. .. Zeh07/16/20175Pectal 3 - . r" 24403104/2017 .. ..... ..... ..... ........ ........ _. ... ......... _...._......__._.._._...._.._..__._._._.....____ ®ZRA-03/0212017 Agenda 4 - '„ Z8A-03/O212017.HeaHng .65 :`j 11 ZBA4)3702l20171N 3._.._.._.____ _— ' ®ZS"3/1�017Agenda _ 3 : ..: is:i....�. ........ ....... _.. ......... .. _,..... _.... ._. ._..... ..._.. ..._ __._...._...........,._. _...__.._..__....._.._.. s(�ZBA-03/16fbDf75pcWal 3 ZBA-04/0$/2017 5 •. . 45. ': --' .. :1'�:�6h4e/OB/2017 Heartilg..._....:..... ..... . ...._._...:_......__... .__.._.._...__.:..._.._.._,_._....__..:__._.._...._.____....._._:..._......... _ 4 Above Agendas, Minutes and Trar�scrtpts are in thr.6 6169,ical ord er. Revised 6/15/2020 TI � E U F HEARI !14k� 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 link - httpm.//southoldtownny.gov/calendar.aspx NAME m ROBERTS , RUSSELL # 7564 SCTM # mm 1000= 117=3= 10 �" 'ARIANCE: YARD SETBACK & NOT A PERMITTED ACCESSORY USE F-, IEQUESTm ROOF LINE ALTERATIONS TO AN EXISTING STRUCTURE, ALTER USE OF AN EXISTING ACCYm STRUCTURE TO AN ARTIST STUDIO r`ATE THURS. , DEC. 29 2021 10:20 AM You may review the file(s) on the town's website under Town Records/Weblink: SBA/ Board Actions/ Pending. ZBA Office telephone (631 ) 765-1809 i ZONING BOARD OF APPEALS r TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------x } In the Matter of the Application of AFFIDAVIT RUSSELL ROBERTS OF MAILINGS Appeal #7564 SCTM Parcel #1000-117-3-10 -------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, JAIMIE LENGYEL, residing at CUTCHOGUE, New York, being duly sworn, depose and say that: On the 12th day of NOVEMBER, 2021, 1 personally mailed a true copy of the Notice set forth in the Zoning Board of Appeals Application, directed to each of the persons listed on the attached list at the addresses set below their respective names; that the addresses set below the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said notices were mailed at the United States Post Office at Southold, New York, that said Notices were mailed to each of said persons by CERTIFIED MAIURETURN RECEIPT. Attached hereto is the white receipt post-marked by the Southold Post Office on said date. JAIMLENtUYEL Sworn to before me this day of 12th NOVEMBER, 2021 otz (No a r lic) BETSY A.PERKINS Notary Public,State of New York No.01 PE6130636 Qualified in Suffolk Coune� commission Expires July 18, Roberts- Neighbor list J 117-3-8.8 Russell Roberts 145 Ave of the Americas Unit 3 New York, NY 10013 E 117-3-9 Sargent D P Trust PO Box 667 New Suffolk, NY 11956 117-5.14.1 Lawrence & Nora Tuthill 5 Timber Fairport, NY 14450 117-5-13 Lawrence & Nora Tuthill 5 Timber Fairport, NY 14450 RECEIPT RECEIPT 9214 7902 7906 6900 0008 32 9214 7902 7906 6900 0008 63 FROM: FROM: Moore Law Offices Moore Law Offices RE:ROBERTS RE:ROBERTS A`^ .d \ O SEND TO: SEND TO: Russell Roberts Lawrence&Nora Tuthill 145 Ave of the Americas Unit 3 / 5 Timber New York,NY 10 013 E J Fairport NY 14450 FEES: FEES: Postage 0.50 Postage 0.50 Certified Fee 3.55 Return Fee 3.55 Return Receipt 2.85 Return Recei t 2.85 Restricted 071 Restricted TOTAV �,$C>>'t90 TOTAL,.-- -6.91 Q TMAR O D fE POSo ARK DATE., o � r;0 s�N TED TO tr o RECEIPT RECEIPT 9214 7902 7906 6900 0008 49 9214 7902 7906 6900 0008 56 FROM: FROM: Moore Law Offices Moore Law Offices RE:ROBERTS RE:ROBERTS SEND TO: SEND TO: Sargent D P Trust Lawrence&Nora Tuthill PO Box 667 5 Timber New Suffolk NY 11956 Fairport NY 14450 JeEES: FEES: stage 0.50 Postage 0.50 rt�ed Fee 3.55 Certified Fee 3.55 Restricted)lum Receipt 2.85 Return Restric—tdii�e pt' g�`. 2.85 t ' �'J\ z TOTAL-��$ y6.90 TONAL l?OSTMAIRK OR DATE POSTMARK OR DATE TED i ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------------x In the Matter of the Application of AFFIDAVIT RUSSELL ROBERTS OF POSTING #7564 Regarding Posting of Sign Upon Applicant's Land Identified as 1000-117-3-10 ---------------------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, BETSY PERKINS, of GREENPORT, New York, being duly sworn, depose and say that: On the 22nd day of November, 2021, 1 personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the 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 hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be THURSDAY, December 2, 2021 at 10:20 am. B sy Perki Sworn to before me this 9 day of ft-vrp� Ate/ C-IR-ary Public PATRICIA C MOORE NOTARY PUBUO,STATE OF NEW YORK Registration No.CIM04861668 Qualified in Suffolk county My Commission Expires June 16,1 1 Pogaligm FE THIS SECT70N COMPLETE THIS S . . . M0-0RE -1.I OPJ'L'��'S A. Signatur 11 Agent '51020 i9AIVROAD ❑Addressee SOUTHOLD- actX-11-4-NY 11971 Xi B. Received by(Printed Name) C. D to of elivery I 1. Article Addressed to: .. D. Is delivery address different from item 1? 11Yds S A R G E N T D- F? TRUST If YES,enter delivery address below: ❑No PO BOX 667 : NELdJ rttfF0LK NY 11956 i I � rji�����rl l l l l 11 l 11 l 11 1 1 111 11 l 1111111 III I II 9290 9902 7906 6900 0008 43 I 2.9V�lq N7m�Br2(Trape fffgrorts>>ffbe lfth 8 4 9 3. Service Type ®Certified MailO E3 Certified Mail® 11 Restricted Delivery PS For`rrm`38'11' Facs`imle;`July'2015 t 9` ` ' Domestic Return Receipt A.':Si nafure = ' }' 'O Agent M00RE LA,W':0F•.FI'CES g: i:a `:' 51020, MAI.N_.ROAD D Addressee SOUTH-O-L--D- N—Y=11-971 X 1 B. Received by(Printed Name) C. Da a of gelivery ale–14C`:L 1. Article Addressed to: D. Is delivery address different from item 1? ❑lyes / LAWRENCE & M' 'x', ''T,J'Tii I L L If YES,enter delivery address below: ❑ No3RII 5 TIMBER } FAIRPORT NY,&iY.4.5--Ij; i I- I III II 11111111 III I II I III I I IIII I I 11111111 I II 9290 9902 7906 6900 0008 50 11 2•"i#4 NwAar2(Tr afffgrorn6sg(ybe i6lb 8 .5 6 3. Service Type ®Certified Mail® ❑Certified Mail i - Restricted,pelivery t e i t'e, t , Domestic Return Receipt I' Form 3811 FacsimilJuly 2015 _ p MOORE LAW; OFFICES A.'•signature= ;f l ; i t t ❑Agent 51020 MAIN ROAD ❑Addressee• SOUTHOLD NY 11971 X SIR B. Received by(Printed Name) C. Date of Delivery 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes LAWRENCE & NOR-A T U T H IL L If YES,enter delivery address below: ❑No i 5 TIMBER FAIRPORT NY 14450 I Illlllllllllillllllllllillllllllllllllll.III �� 9290 9902 7906 6900 0008 67 2.qVi11q N7g0,27r.T fffgrort2ff6elnh 8 6 3 3. Service Type ®Certified Mail® ❑Certified Mail@),-. ' K #!- Restricted Delgery.' RS1 Forrri•3811 F66sirn11 ,;July 2015, Domestic.Return°Receipt) Ilk 7 WIR e ss► t z NOTICE OF HEARING The following application will be heard by the So thnld Town Board aof Appeals at Ta-n Hall•53095 Main Road Southold ✓� .. �4�''�'" The appl,cahon wdl ALSO be available VIA 200M WEBI R F. link http:llsoutholdtownny.govlcalen r.aspx w �' •_: `"'^�o NAME : ROBERTS, RUSSELL #7564 SCTM#: 1000-117-3-10 �F•� 6 .� . � VARIANCE: YARD SETBACK&NOT A PERMITTED -t ACCESSORY USE REQUEST: ROOF LINE ALTERATIONS TO AN EXISTING 1_ STRUCTURE,ALTER USE OF AN EXISTING ACCP.STRUCTURE TO AN ARTIST STUDIO DATE THURS.,DEC.2,2021 10:20 Aryl '.. :, maY ev:tnv Ilia e t(lets'on wn"s te under Town Reord nd ines/YYebl:nit 4 ,z,-. 1?T.�.� 13; 1 [6A;Board gctionsl peg-111 a websi ZBA Offye telephone(6l1))65-1609 V Rv ir �f ^ R�1 � oma.fx�e►T �� �� o j ry ,� A J 1 -• ` ♦ ♦ ]fit � `r�d� � \'1 �•a �9` �j ,,yam Via / .',,_. � r.d� ( ►t �+ •�� li` \ '75' ./•1t Vt- .� ; �, _. � ��. �, :JI1�l'r������J �' `"'K�jl��i�r��• `���y r��f�ti � -7, ��.. 1s 1 <-;1 , - ...:!� •a• ally \ ►t'� '�=� 'ft_f ��t -a�� a a \�t�."i'i`�\�T 1 � � � �� ► '* .��i�~' *v,� ���I`��.�, �'��r,-.af�,'� +•nom,�'� �M I ,:1 �1� e- ` a� `� �f, m„ Sa'��� , - �r .�1\.\ ;!r► �1 `' fit;; .:,,,_ •. t � ��''+Pal ht�;''-�,;�' � ���.c ps,~�,. •'�E1y. �t��A`- ,�!°� '� r�y�'�.�� �q.� r:a; �-.((�� � ' '�r°,�` �\?, � 1p lip ­— w �"�� �j ,� ♦ � it �y� � � / 1,, l _-_-7 v P, J wor, -414 w 1 , 9Z �J�_wle�il � ♦ � ,` 4.0 ` �� ��� i_ c 'Q _ L► _l jyyt �,'��i�.a=•,�e� _`°�I�+��� `�'��/S� .!�•:moi!...� ,+�/� � ':`�.:�I*l^'1����\ ��:, �. • •`� BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson O��OF S�Ujiy®l 53095 Main Road• P.O.Box 1179 ® Southold,NY 11971-0959 Patricia Acampora y� � Office Location: Eric Dantes y� Town Annex/First Floor, Robert Lehnert,Jr. app 54375 Main Road(at Youngs Avenue) Nicholas Planamento ���coUNTd,� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD August 11, 2021 -�� Tel.(631) 765-1809•Fax(631)765-9064 Ms. Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Ms. Lansdale: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #: 7564 Owner/Applicant: Roberts, Russell Action Requested: Construct roof line alterations to an existing accessory structure and alter use of the existing accessory structure to artist studio 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 airperson Encls. Survey/Site Plan: Samuels & Steelman, dated April 27, 2021- BOARD MEMBERSSouthold Town Hall Leslie Kanes Weisman,Chairperson �O��O� S��jyOl 53095 Main Road•P.O.Box 1179 p Southold,NY 11971-0959 Patricia Acampora � � Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamentol, ,oU Southold,NY 11971 Y� http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD - C I V E D Tel.(631) 765-1809 •Fax(631)765-9064 AUG I'1 2021 Southold Town August 11, 2021 Planning Board Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold,NY 11971 Re: ZBA File Ref. No. #7564 Roberts-, Russell Dear Mark: We have received an application to construct roof line alterations to an existing accessory structure and to alter use of the existing accessory structure to.artist studio. A copy of the Building Inspector's Notice-of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairpe son By: Encl. Survey/Site plan: Samuels & Steelman, dated April 27, 2021 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman;Chairperson OF soyo 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes y� Town Annex/First Floor, Robert Lehnert,Jr. �pQ 54.375 Main Road(at Youngs Avenue) Nicholas Planamento OIyC�� Southold,NY 11971 http://southoldtow:npgov- ----= -• —_:.__---- - ---— -- _ - ZONING BOARD OF APPEALS TOWN OF SOUTHOLD. Tel.(631),765=1809•Fax(631)765-9064 . December 28, 2Q21 Patricia Moore" Attorney at.Law 54.20.Mairi Road_: Southold;NY. 1.1971 RE: Appeal No..7654 Roberts, 1295 Old Harbor Road, Cutchogue SCTM No. 1000-117-3-10 Dear Mrs. Moore; Transmittedforyourxecords is a copy of the Board's December 16,,2021 Findings, . deliberations and Ietermmation,.the original of which was:fled with the Town Clerk._ regarding the above variance"applcat"gn, ,Please be"sure.to.complete and sign the enclosed two;Property Owner's Statement land return both copies4o.our 00ce: -Before commencing any construction activities, a building permt'is necessary. Please be sure to submit an application along with a.copy of rtn the attached.deteination'to the Building . Department. If yo, have_any questions, please don't.hesitate to contact aur office. Sincerely, t Kim E. Fuentes Board Assistant Encl. cc: Building Dept. N 306,782 MATCH LINE _::7__--_.._..__-__ ____. _ FOR PCL.NO. 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