Loading...
HomeMy WebLinkAbout1000-53.-5-12.6 { OFFICE LOCATION: O��QF S�UTyOI MAILING ADDRESS: Town Hall Annex Q P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY 11971 G Telephone: 631 765-1938 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry,AICP ; Assistant Town Planning Director LWRP Coordinator Date January 13,2021 Re: LWRP Coastal Consistency Review for ZBA CHARLES AND HELEN SZARKA(BREEZY SHORES COTTAGE#17)#7462 SCTM#1000-53-5,-12-.,61. CHARLES AND HELEN SZARKA(BREEZY SHORES COTTAGE#17)#7462-Request for a Variance from Article XXIII, Section 280-123 and the Building Inspector's December 8, 2020 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing seasonal cottage; at 1)a non- conforming building containing a non-conforming use shall not be enlarged,reconstructed, structurally altered or moved, unless such building is changed to a conforming use; at: 65490 Route 25, (Breezy Shores Cottage#17, ---Adj- to-ShelterIsland Sound)-Greenport;-N-Y:-SCTMNo. #1000-53--5--12.6.--------------- -------.-------.-___ -__ _.._ The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP)Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me,the proposed action is EXEMPT from LWRP review pursuant to: § 268-3. Definitions.MINOR ACTIONS item`BB"which state: BB.Additions to an existing dwelling constituting less than 25% of the existing structure where the addition is greater than 75 feet from a natural protective feature, except where the parcel is located in a coastal erosion hazard area; Pursuant to Chapter 268,the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: William Duffy, Town Attorney BOARD MEMBERS ®F soSouthold Town Hall Leslie Kanes Weisman,Chairperson Iii® 53095 Main Road•P.O.Box 1179 �® �® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. ® �� 54375 Main Road(at Youngs Avenue) Nicholas Planamento ®USN Southold,NY 11971 http://southoldtownny.gov , ZONING BOARD OF APPEALS C I TOWN OF SOUTHOLD Tel.(631)765-1809 •Fax(631) 765-9064 220 Soutlioid Town December 15, 2020 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. # 7462 Dear Mark: We have received an application for additio and alterations to an existing seasonal cottage. A copy of the Building Ins p ctor' Notice of Disapproval under Chapter 280 (Zoning Code), and survey map,proje t escription form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-51) is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairper on By: CV Encls Survey/Site Plan . Frank Uellendahl RA Dated 8/17/2020 FORM NO. 3 NOTICE OF DISAPPROVAL DATE: September 4, 2020 RENEWED: December 8, 2020 T0: Farnk Uellendahl (Breezy Shores#17) PO Box 316 Greenport,NY 11944 Please take notice that your application dated November 24, 2020 For additions and alterations to an existing seasonal cottage at Location of property: 65490 Route 25, Greenport, NY (Breezy Shores Cottage#17) County Tax Map No. 1000 - Section 53 Block 5 Lot 12.6 Is returned herewith and disapproved on the following grounds: The proposed additions and alterations are not permitted pursuant to Article XXIII Section 280-123 A., which states; "A nonconforming building containing a nonconforming use shall not be enlarged, or structurally altered or moved, except as set forth below, unless the use of such building is changed to a conforming use.,, A ed 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. s a Fee:$ Filed By Assignment No. APPLICATION TO TIME SOUTHOLD TOWN BOARD OF APPEALS /��,,�� AREA VARIANCE Douse No.&5490 Street 04,41N RQAQ Hamlet a, yo � ) SCTM 1000 Section Block 5 Lot(s) 12.6 Lot Size 2® � Zone I (WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSUCTOR DATED ® BASED ON SURVEY/SITE PLAN DATED Owner(s): �� Mailing Address: Telephone:e/,41471Y:WFax• Email:12.f✓-�zta X,74o4 ® 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: Naive of Representative: 7C94NK lU6U64aA ,Ah for 94 Owner( )Other: Address: 123 6af ah&e4ve , Q26314' t6106664 06FET IVB 11!94 Telephone:&�j���77-&Wax: Email: Please check to specify who you wish correspondence to be mailed to,from the above names: __ _�)Applicant/Owner(s1, M Authorized Representative, ( )_Q r Name/Address below: WHEREBY T E BUILDING INSPECTOR REVIEWED SURVEY/SITE rLAX DATED 91JV14,0 and DENIED AN APPLICATION DATED l �® FOR: Building Permit ( ) Certificate of Occupancy ( ) Pre-Certificate of Occupancy ( ) Change of Use ( )Permit for As-Built Construction ( ) Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code. Article: �x III Section: ac 4L�� Subsection: Type of Appeal. An Appeal is made for: ( )A Variance to the Zoning Code or Zoning Map. ( )A Variance due to lack of access required by New York Town Law-Section 280-A. ( )Interpretation of the Town Code,Article Section ( )Reversal or Other A prior appeal 06 has, ( ) has not been made at any time with respect to this property, UNDER Appeal No(s). Year(s). . (Please be sure to research before completing this question or call our off ce for assistance) Name of Owner ZBA File# 4242 1994 - SAGE #6660 (2013) - M17RAHY #6934 2016 - SCHMIN 6525 2012 - OTANO 6661 (2013) - WILLOUGHBY 7223 2018 - NELSON 6557 2012 - OTANO 6704 (2014 - FLOTTERON 7408 2020 - PETSKY 6622 2013 - MULLMAN X6862 (2015 - BROOKS Name of Owners: CHARLES AND HELEN SZARKA ZBA File# REASONS FOR APPEAL (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties, if granted, because: It has been determined by the Town of Southold that the cottages at Breezy Shores Community, Inc. constitute non-conforming buildings containing a non-conforming residential use.Therefore the Building Department has determined that relief is required to undertake the proposed renovations and alterations because the structure will not be changed to a conforming use.This unique property represents its own neighborhood of 82.6 acres with substantial wetlands and it's far removed from neighboring properties so that no adjacent property owner will be adversely impacted by the proposed structural improvements.The addition will increase the size of the existing structure by less than 3%. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: Due to the pre-existing, non-conforming residential use of the cottage that cannot be enlarged and structurally changed,it is not possible to make the proposed improvements to the cottage without the requested relief from the code. (3) The amount of relief requested is not substantial because: The footprint expansion of only 17 SF(2.95%increase)is located landward of the existing cottage at a distance of+/-75 feet from the bulkhead. In prior decisions related to other Breezy Shores applications involving proposed footprint enlargements of less than 3%the Board has deemed such increases to be de minimus in nature. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: Due to the isolated location of the property a variance relief in this community will not produce a negative impact on the physical or environmental conditions. (5) Has the alleged difficulty been self-created? (X) Yes, or ( ) No. Why? Yes, because the applicants bought the cottage after the Zoning Code was in effect and knew about the limitations regarding alterations to the structure, however,the need for a variance is not necessarily self- created because a seasonal dwelling requires periodically some degree of structural adjustments and alterations to continue the safe use of the structure. Are there any Covenants or Restrictions convicerrning this land? (X) No ( ) Yes This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety and welfare of the community. By signing below, I certify all informationis true and correctto t e es of y knowledge. Sworn to before orree�me this da of . . . K020 n ture of uthorized Agent X1!1........ .l!.�....0 L(• Notary lic TRACEY L. DWYER NOTARY PUBLIC,STATE OF NEW YORK NO.01 DW6306900 QUALIFIED IN SUFFOLK COUNTY COMMISSION EXPIRES JUNE 30,2e2_P-- A-PPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: U H Qj9U., Vq Date Prepared: l co ZQ I. For Demolition of Existing Building Areas Please describe areas being removed: J Ear < <t�(. L 'gL'1d.Dl.l DdJ ��� PO DSD l�-SF ITdO� 1S l t?IG TE IL New Construction Areas (New Dwelling or New Additions/Exten§ions): Dimensions of first floor extension: k '3Lptx.5-41 Dimensions of new second floor: AIR Dimensions of floor above second level: /J,} i Height(from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes,please provide height(above ground) measured from natural existing grade to first floor: W f) III. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary)- Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: W. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: 1;Old- �j P7 Proposed increase of building coverage: S Square footage of your lot: Dro. fvpt [ZC Percentage of coverage of your lot by building area: P- V. Purpose of New Construction: SE{Z=1LL ( D TO EULA U, � C� C� QDD VI. Please describe the land contours (flat, slope %, heavily wooded,marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): L a, LAwIJ , I��t�s1�-�2.rrA iy�a�y� Please submit seven (7) photos,labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION A. Is the subject premis 's listed on the real estate market for sale? Yes No B. Are ere any proposals to change or alter land contours? No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? 2.)Are those areas shown on the survey submitted with this application? 3.) Is the property bulk headed between the wetlands area and the upland building area? /FG 4.)If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? �lj Please confirm status of your inquiry or application with the Trustees: Aj9PLI , ' ,CC ('jG R CCO 0 F and if issued,please attach copies of permit with conditions and approved survey. 0P &:(''/e)q D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? �I(') E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? A/d 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? AL)o If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? 4/0 If yes, please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel .5� 176� and the proposed use _-5& prc/ L DC7 C GS (ex.existing single family,proposed:same with a4ge,pool or other) fJ5L4; j90QCk r�©o r ! 1� lO l4- ZDi(� Authori`ed signature"and Date TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR TOWN HALL SOUTHOLD, NEW YORK CERTIFICATE OF OCCUPANCY NONCONFORMING PREMISES DATE: July 24, 1984 THIS IS TO CERTIFY that the Pre C.0.#Z 12637 Land /X/ Building(s) J X/ Use(s) located at 67380 Main Road Arshamomague Greenport Street Hamlet shown on County tax map as District 1000, Section 053.00. Block 05.o0 Lot 001 .001 , doesknot)conform to the present Building Zone Code of the Town of Southold for the following reasons: There are 6 dwellings on one lot There are 5 non-conforming seasonal cottages. On the basis of information presented to the Building Inspector's Office, it has been determined that the above nonconforming /r/Land /g J Building(s) /X/Use(s) existed on the effective date the present Building Zone Code of the Town of Southold, and may be continued pursuant to and subject to the appli- cable provisions of said Code. IT IS FURTHER CERTIFIED that, based upon information presented to the Building Inspector's Office, the occupancy and use for which this Certifi- Property contains 5-1 story houses, 1-2 story tate is issued is as follows: house, 2-accessory bldgs. , 25 seasonal cottages, 2 garages, 2 sheds (37 bldgs. ) . This property has access to Rt 25 a State maintained highway, in the A zone.Non-conforming seasonal dwellings. Charlotte Sage, Michael Sage, James Sage The Certificate is issued to_& Patricia Sage. (owner, �,ggt�{ # t) of the aforesaid building. Suffolk County Department of Health Approval NFA UNDERWRITERS CERT'IFICATE NO. N/A NOTICE IS HEREBY GIVEN that the owner of the above premises HAS NOT CONSENTED TO AN INSPECTION of the premises by the Building Inspec- tor to determine if the premises comply with all applicable codes and ordin- ances, other than the Building Zone Code, and therefore, no such inspection has been conducted. This Certificate, therefore, does not, and is not intended to certify that the premises comply with all other applicable codes and regula- tions. $uiiding inspector i 7•f��C� AA/a �,�5' �TiP�CIA P1DN��/�Yf,�Af/ES�L�/G/S�A�L �o�•f� l �tc 6 E,chSe�/ S'•9 F /QE-•d.�°E�✓ _-��c,�_�?!ER -�O`TTfi�_�� CGSE•.?JAS G's�vTiaa�7 - BOARD MEMBERS Southold Town Hall Leslie Kanes Wessman,Chairperson ���SO Southold 53095 Main Road •P.O. Box 79 � p 11 Southold,NY ]]971-0959 James Dinizro,Jr. [ t Office Location: Gerard P. Goehringer Q Town Annex/First Floor,Capital One Bank George Horning a0 54375 Main Road(at Youngs Avenue) Ken Schneider �'Y�ou0i Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLDR E% , Tel.(631)765-1809•Fax(631)765-9064 -t- 'P 2 7 20 FINDINGS,DELIBERATIONS AND DETERMINATIOMWO N So old Town lark MEETING OF JULY 19,2012 ZBA FILE: 6525 NAME OF APPLICANT:Breezy Shores Community, Inc. (Hernan Otano, Cottage#5) PROPERTY LOCATION: 65490 Main Road (aka Sage Blvd.)Greenport,NY SCTM#1000-53-5-12.6 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type 1I category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated November 17, 2011 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated November 29, 2011. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our determination that the proposed action is CONSISTENT with LWRP policy standards. PROPERTY FACTS/DESCRIPTION. Subject parcel is located in the R-80 zone and contains 82.6 acres. It is improved with three dwellings, a brick building, two garages, 28 seasonal cottages and 20 sheds. The Breezy Shores community is a unique property deeply rooted in the history of the Town. The access to the property is via a private road (Sage Boulevard) and the property is adjacent on the south to Shelter Island Sound, as shown on the survey dated January 25, 2011. The multiple cottages on the property are a pre-existing non-conforming use that was established prior to zoning by the Sage family in the early 1900s. The cottages housed employees of the Sage family brick factory and have been rented as seasonal cottages. In 2000, a real estate cooperative, Breezy Shores Community Inc., was established by the community and shares were offered as an ownership interest in the cooperative. The cottage at issue in this application is known as Cottage no. 5 and is owned by Hernan Otano. ,BASIS OF APPLICATION: Request for Variances from Article XXIII Code Section 280-123, Article XXII Section 280-116 and the Building Inspector's October 14, 2011, amended October 18, 2011, amended to clarify description of structure dated December 8,2011,Notice of Disapproval based on an application for building permit for demolition and construction of a cottage at; 1) a nonconforming building containing a nonconforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a conforming use, existing cottage is a nonconforming building with a nonconforming use 2) less than the code required bulkhead setback of 75 feet. Page 2 of 3—July 19,2012 ZBA File#6525-Otano CTM 1000-53-5-12 6 RELIEF REOUESTED: The applicant requests variances to reconstruct a cottage that was demolished and "as built" construction with a nonconforming use where the code permits no enlargement, reconstruction or alterations unless the building is changed to a conforming use, and a bulkhead setback of 50 feet where the code requires 75 feet. AMENDED APPLICATION: During the hearing, the applicant was asked to separate the two variance requests: 1)the nonconformity to be considered under the use variance standards; and 2)the bulkhead setback under the area variance standards. The use variance application was reviewed under Zoning Board file#6557. ADDITIONAL INFORMATION: The applicant was given a building permit to lift the cottage off the foundation and replace the foundation to conform with FEMA requirements. The applicant demolished the cottage without benefit of a building permit The cottage is part of an incorporated community. In 1985, a prior owner applied to the Zoning Board of Appeals under file #3320 for permission for a 19 lot subdivision of this property; the request was denied. In 1994, the original owner applied to this Board for permission to continue a discontinued use of renting the cottages, the application was deemed inactive and closed since the applicant never provided the additional requested documents. It is also noted that this property does not have 280A approval. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on December 1,2011, January 5, 2012, March 1, 2012 and June 7,2012 at which time written and oral evidence were presented Based upon all testimony, documentation,personal inspection of the property and surrounding neighborhood,and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law §267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood nor a detriment to nearby properties. This unique property represents its own neighborhood of 82.6 acres with substantial wetlands and is far removed from adjacent properties. Thus, no adjacent property owner will be adversely impacted by the proposal. These 28 seasonal cottages on the subject property have been in existence since the early 1900's when they were built for occupancy by workers in the Sage brick factory. In the 1940's, when operation of the brick factory slowed, cottages were rented to summer guests. Each of the adjacent waterfront units are similarly located from the bulkhead and are of similar size. 2 Town Law 6267-b(3)(b)(2). The benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue, other than an area variance. While this Board recognizes the existing proprietary lease on the property that limits the applicant with respect to where he can build a replacement cottage structure, given the ample size of the property, it is feasible for the applicant to construct this structure in a conforming location. It is noted that the proprietary lease is a document that can be changed based upon the needs of the community and its owners. Additionally, the proprietary lease cannot take precedent over the Town Zoning Code. 3. Town Law 6267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 33%relief from the code. However, in the context of the entire community the variance is not substantial. The non- conforming cottage units have existed in the current location since the 1940's, with each cottage unit in a similar location. The location and size of the proposed structure shall remain the same. 4. Town Law 6267-b(3)(b)(4) A variance in this residential community will not have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant has stated that it is not feasible to relocate the cottage due to the extent of the flood zone this parcel is located in. Additionally, the changes made to the foundation have made the structure compliant with FEMA. Finally, the applicant shall be required to conform to the requirements of Chapter 236 of the code regarding storm water runoff. 5 Town Law 4267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the Page 3 of 3—July 19,2012 ZBA H06525-Otano CTvt 1000-53-5-12 6 limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. Additionally, the applicant proceeded with a demolition/construction of this structure without the benefit of a building permit. 6. Town Law $267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new seasonal cottage unit while preserving and protecting the character of the neighborhood and the health,safety and welfare of the community. RESOLUTION OF THE BOARD. In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Weisman (Chairperson), seconded by Member Goehringer, and duly carried, to GRANT the variance as applied for, and shown on the architectural drawings labeled site plan, floor plan, and east, west, waterside and entry side elevations, prepared by Fairweather Design Associates dated 11/10/2011 and stamped received by the Board of Appeals on November 10,2011. CONDITIONS: 1. The structure shall be used only as an unheated seasonal cottage 2. No future alterations/renovation or additions on the subject cottage may take place without review by the ZBA,other than necessary minor repairs, as determined by the Building Department. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or fitture use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity Vote of the Board Ayes Members Weisman(Chairperson), Goehringer,Schneider, Horning. A'ay Me er Dinizio. This Resolution was duly adopted(a-t) Leslie Kanes Weisman, Chairperson Approved for filing 7 /,23 /2012 BOARD MEMBERS �f3f so Southold Town Hall Leslie Kanes Weisman,Chairperson y� 53095 Main Road •P.O.Box 1 179 Southold,NY 11971-0959 James Dintzio,Jr. � �t Office Location: Gerard P. Gcehrinc, G Town Annex/First Floor,Capital One Bank George Horning 54375 Main Road(at Youngs Avenue) Ken Schneider I�COUIm Southold,NY 11971 http-,//southoldtown.northfL)rk.net ZONING BOARD OF APPEALS ECEIVEDp TOWN OF SOUTHOLD 4 / Tel. (631)765.1809•Fax (631)765-9064 J 2 7 FINDINGS,DELIBERATIONS AND DETERMINATION So hold Town Clerk MEETING OF JULY 19,2012 ZBA FILE : #6557 NAME OF APPLICANT: Breezy Shores Community, Inc. (Hernan Otano,Cottage#5) PROPERTY LOCATION: 65490 Main Road (aka Sage Blvd.) Greenport,NY SCTM# 1000-53-5-12.6 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type U category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated November 17, 2011 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued his recommendation dated November 29, 2011. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: Subject parcel is located in the R-80 zone and contains 82.6 acres. it is improved with three dwellings, a brick building, two garages, 28 seasonal cottages and 20 sheds. The Breezy Shores community is a unique property deeply rooted in the history of the Town.The access to the property is via a private road (Sage Boulevard) and the property is adjacent on the south to Shelter Island Sound, as shown on the survey dated January 25, 2011. The multiple cottages on the property are a pre-existing non-conforming use that was established prior to zoning by the Sage family in the early 1900s. The cottages housed employees of the Sage family brick factory and have been rented as seasonal cottages. In 2000, a real estate cooperative, Breezy Shores Community Inc., was established by the community and shares were offered as an ownership interest in the cooperative. The cottage at issue in this application is known as Cottage no. 5 and is owned by Heman Otano. BASIS OF APPLICATION: Request for Use Variance under section §280-13 (A) (1) which permits single family detached dwellings, not to exceed one dwelling per lot and from Article XXIII Town Code §280-123 and the Building Inspector's December 12, 2011 Notice of Disapproval, updated March 6, 2012 based on an application for building permit for demolition and construction of a cottage as; 1) a nonconforming building containing a nonconforming use shall not be enlarged, reconstructed, structurally altered or moved unless such building is changed to a conforming use RELIEF REQUESTED: The applicant requests a use variance to permit the demolition and reconstruction of an 807 sq. ft. seasonal cottage.The total 807 square feet includes the habitable space and non-habitable porch, but not Page 2 of6—July 19,2012 ZBA File#6557-Otano CTM 1000.53-5-12 6 the stairs and landing. The need for a use variance is caused by the request to establish an additional use (non- conforming cottage)on a subject property that already has a principal use(dwelling). ADDITIONAL INFORMATION: The applicant originally applied to the ZBA solely for an area variance for the setback of the cottage to the bulkhead. The bulkhead variance is addressed in ZBA decision #6525. During the initial public hearing on this matter, when questioned on whether the demolition of the structure would cause the structure to lose its pre-existing nonconforming status,the applicant's response was that the structure was not being demolished and that, even it if were, that the structure could be permitted under §280-122. After receiving significant testimony from the applicant's representatives and the Town Building Department, the Board requested that the applicant submit an application for a use variance. As such, the Board will address below the issue of whether the structure was demolished; whether this structure constitutes a nonconforming building with a nonconforming use; whether §280-122 permits the demolition and reconstruction of a pre-existing nonconforming structure; and whether the applicant 1s entitled to a use variance. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held public hearings on this application on December 1,2011,January 5,2012, March 1,2012 and June 7,2012, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood,and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Demolition Based upon the Notice of Disapproval issued by the Building Department on December 8,2011 and updated on March 6,2012, the proposed action included the demolition and construction of a cottage. It is important to point out that the Notice of Disapproval was issued after a stop work order had been issued on the property and prior to the work being completed on the structure.The applicant presented the following testimony/evidence to illustrate that the proposed construction did not constitute a complete demolition of the structure: 1. A floor plan with its original application dated 11/10/2011 indicating"rebuilt existing walls"and"new walls" 2. A memorandum, received on December 28,2011 that included a listing of items that remained in the structure and items that were re-built 3. A letter from an Architect,Robert 1. Brown dated December 13,2011 stating that"less than 50% of the structure had been demolished" At the public hearing on March 1,2012,the Board addressed each item presented by the applicant. The Board noted that the floor plan submitted dated 11/10/2011 indicated that every single external and internal wall of the structure was either being rebuilt or was new. (March 1, 2012 Transcript, pg. 6 lines 15-25). Additionally,the Board members and representatives from the Building Department noted that based upon the physical inspection and their experience, it appeared that the applicant took the structure apart piece by piece and reconstructed a major portion of the structure. Both the memorandum and letter from Mr. Brown attested to the work that had been performed up to and until December 10,2011 when the stop work order was issued, but did not account for the additional work that would be required to complete the construction on the structure. Additionally, Mr. Brown's letter did not contain the mathematical support for the calculation,nor did he provide such calculations at or after the public hearing as requested. As such, the statements made therein are simply conclusory with no basis in fact before the Board. On the other hand, and based upon the physical inspection of the structure the Board notes the following items: 1. A new foundation was installed; 2. New plywood siding was installed; } A Page 3 of6—July 19,2012 ZBA File#6557-Otano CTM 1000-53-5-12 6 3. New joists were installed; 4. New strapping was installed; S. A new plate was installed; 6. New plumbing is required; 7. New electric is required; 8. Evey window was replaced; 9. Entire porch was replaced; 10. Each wall was replaced; 11. The roof would be replaced; 12. One third of the floor system was replaced, As stated by the Chief Building Inspector at the March 1,2012 hearing(transcript p.24, line 25,p. 25 line 1) "[i]f you have four walls and you take four walls down it's a demolition." It is obvious that this structure was taken apart and demolished, piece by piece, and replaced with an entirely new structure. As such,this Board finds that the amount of demolition and reconstruction that took place and will take place to complete this structure amounts to a full demolition and the loss of any pre-existing nonconforming status that this building maintained prior to the commencement of any construction. I1. Nonconforming Status of the Structure and Interpretation of§280-122 A. Nonconforming Status of the Structure As set forth above,the December 12, 2011 Notice of Disapproval(updated March 6,2012)identified this structure as a nonconforming building containing a nonconforming use, Pursuant to §280-123 of the Town Zoning Code: A nonconforming building containing a nonconforming use shall not be enlarged, reconstructed or structurally altered or moved, except as set forth below, unless the use of such building is changed to a conforming use At the January 5,2012 pubic hearing, when asked to explain the language of`the Notice of Disapproval, the Building Department Permits Examiner, Patricia Conklin,testified: "I looked at the paperwork. Saw pictures from the Trustees and determined with the site review, determined that it was a nonconforming building. No. 1 because it is a seasonal cottage and its less than 850 square feet. Therefore it fits the category of a nonconforming building.The second part of that nonconforming use is,it's the second structure as a principal building which is on that property. (January 5,2012 transcript, p 88 lines 11-20) We have a second structure after the principal one and have one lot. And then there are subsequent structures,they are not permitted as of right. So that is why it would be sent to you as a nonconforming use. And then in addition,this is•a nonconforming building because it's less than 850 square feet,as defined in the Southold [Town Code]." (January 5,2012 transcript, p. 89 lines 3-12) The applicant presented testimony and case law to this Board to support the argument that the cottage was a nonconforming building with a conforming use that should be considered under§280-122. More specifically, the applicant cited Matter of Dawson v, Zoning Board of Appeals of the Town of Southold, 12 A.D.3d 444, 785 N.Y.S.2d 84(2nd Dept. 2004)as legal precedent for the principle that the cottage was a residential use. In Matter of Dawson the Court considered whether a single accessory cottage to a single principle dwelling was a nonconforming building with a conforming use rather than a nonconforming building with a nonconforming use. The analysis was important in that instance to confirm whether the ZBA properly focused upon whether the use had been abandoned for,two years under§280-121 which governs nonconforming uses.The Court concluded Page 4 of 6—July 19,2012 ZBA File46557-Otano CTM 1000-53-5-12 6 that the cottage was accessory to the principal dwelling and therefore a nonconforming building with a conforming use. As such, the abandonment provisions of the Town code were not applicable and area variances should have been granted. The facts at issue in this instance are clearly distinguishable from the circumstances present in Dawson. Here, the ZBA is not simply dealing with a single family dwelling and a single accessory cottage.•While the Court considered the cottage an established accessory use to a principal dwelling,having 28 cottages as an accessory to a residential use is simply not supported by Dawson. Pursuant to §280-13(A)(1)each lot in the R-80 zone is allowed to have a one-family detached dwelling, not to exceed one dwelling per lot. The intent of the this section is clearly to limit the number of dwellings and residential uses on a single lot and to reinforce the subdivision regulations set forth in Chapter 240 of the Southold Town Code. This property contains three dwellings and 28 seasonal cottages on a single lot. This is further complicated by the fact that this "cottage"does not meet the definition of a dwelling under §280-4,that"cottages" are not addressed as a permissible use anywhere within the Town Code and the Town does not permit cottages,as an accessory to a principle dwelling. As such, this cottage is treated as a nonconforming building with a nonconforming use that requires a use variance. B. Interpretation of§280-122 While it is noted that the ZBA does not have to proceed-with this issue because it has determined that a use variance is required,the ZBA will issue a determination on whether §280-122 permits,an applicant to demolish and reconstruct a structure, in place and in kind,without the need for further variances,as argued by the applicant. Section 280-122 (A)states: Nothing in this article shall be deemed to prevent the remodeling,reconstruction or enlargement of a nonconforming building containing a conforming use, provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to `such buildings. Throughout this proceeding, the applicant has argued that,pursuant to §280-122(A), he was permitted to demolish and reconstruct this structure in place and in kind, in its entirety,without the need for any additional variances. At the public hearing, the ZBA and Building Department provided the applicant with a copy of a memorandum of the ZBA to the Building Department from 2002. (March 1,2012 Transcript,pp 16-21).This memorandum set forth types of"reconstruction"that would not trigger the need for additional variances. Such activities include, but are not limited to: replacement of windows, raising ceiling height without-increasing the degree of nonconformity; repair or replacement, in place and in kind,of siding or roofing; or replacement or repair of existing decks,porches or roofs as long as there are no new extension or extensive modifications which increase the degree of nonconformity. From the listing in this memo, it is.clear that the ZBA has interpreted §280-122 to allow a property owner to make minor repairs and for minor reconstruction. As such,the term "reconstruction"as used in §280-122(A) does not permit the demolition of an entire structure and replacement in kind without obtaining all required variances. 11. Use Variance Application: 1. Town Law 4267-b(2)(b)(1). The applicant cannot realize a reasonable return for each and every permitted use under the zoning regulations for the particular district where the property is located, demonstrated by competent financial evidence. The applicant provided ample evidence that it is not able to realize a reasonable return from the property without the ability to reconstruct the cottage. The applicant's form of ownership interest in the property is a severely limiting factor The Applicant retains a share in a cooperative that is governed through a proprietary lease, which permits residential uses only on the property. Any other use permitted under the Town Code is virtually impossible on this property given the cooperative ownership. If not permitted to reconstruct the structure in place and in kind,the applicant's ownership interest has no value and is rendered useless. The applicant Page 5 of 6—July 19,2012 ZBA 8106557-Otano CTM 1000-53-5-12 6 submitted an affidavit regarding the value of the shares in the cooperative, as well as information about comparable sales in the area of the property, as well as information regarding the maintenance and carrying charges on the property. In light of these circumstances,the Board finds that the applicant cannot realize a reasonable return on his property interest. 2. Town Law&267-b(20)(2).The hardship is unique to the property and it does not apply to a substantial portion of the district or neighborhood. As set forth above, this property is unique given its historic context and the pre- exiting nonconforming nature of the entire community. It is one of a limited number of properties in Southold Town that retain multiple seasonal cottage uses and the only property of this size. The grant of a use variance here will not create a precedent that would apply to other lots in the community and the decision will apply only to this property. 3. Town Law 4267-b(2)(b)(3). The requested use variance, if granted, will not alter the essential character of the neighborhood. With respect to preserving the character of the neighborhood, it is noted that this parcel is a separate enclave that is sectioned off from the surrounding community. It is an 82 acre parcel, with access via a gated private road. Only those persons who live within Breezy Shores have access thereto. The community is seasonal and the residents utilize the structures primarily from April through October. The seasonal structures are strategically located to take advantage of the water views, Additionally, the location of the reconstructed structure is appropriate within the context of this neighborhood,as the adjacent structures are similarly situated, the location of the structure is where it was originally and the size of the structure will remain unchanged. 4. Town Law &267-b(2)(b)(4) The alleged hardship has not been self-created. The applicant purchased his interest in the Breezy Shores community and the subject seasonal cottage in 2002. This structure had been in existence for many years and the Breezy Shores community required that the applicant make certain repairs to update the structure, which started with replacing the foundation. Upon raising the house,the applicant discovered that the condition of the structure was significantly worse than expected and that major reconstruction was necessary to make it safe and habitable. 5. Town Law 4267-b. Grant of this use variance is the minimum action necessary and adequate to address the unnecessary hardship proven by the applicant, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Weisman (Chairperson), seconded by Member Goehringer, and duly carried,to GRANT, the use variance as applied for,subject to the following conditions: CONDITIONS: 1. The structure shall be used only as an unheated seasonal cottage. 2. No future alterations/renovation or additions on the subject cottage may take place without review by the ZBA, other than necessary minor repairs,as determined by the Building Department. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible dental by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variances) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, e-etensions, or demolitions, are not authorized under this application when involving noneonformities under the zoning code This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Page 6 of 6 July 19,2012 LBA File#6557-Otano CTM 1000-53-5.12,6 The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity Vole of the Board Ayes Members Weisman(Chairperson), Goehringer,Schneider, Horning. Nay Member Dinizio. This Resolution was duly adopted(4-1). Leslie Kanes Weisman Chairperson Approved for filing /2012 r BOARD MEMBERS Of SOU Southold Town Hall Leslie Kanes Weisman,Chairperson �� Ty® 53095 Main Road-P.O.Box 1179 l0 Southold,NY 11971-0959 Office Location: Gerard P.Goehringer c/� ac Town Annex/First Floor,Capital One Bank George Horning �� 54375 Main Road(at Youngs Avenue) Ken Schneider �ycoo ,� Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALSE EIVED TOWN OF SOUTHOLD Tel.(631) 765-1809-Fax(631) 765-9064 M A 7 2013 FINDINGS DELIBERATIONS AND DETERMINATIO"UthO �OWe MEETING OF FEBRUARY 28,2013 ZBA FILE: 6622 NAME OF APPLICANT: Breezy Shores Community, Inc. (Naomi Mullman)SCTM#1000-53-05-12.6 PROPERTY LOCATION: 65490 Main Rd, Cottage#11,(adj. to Shelter Island Sound)Greenport,NY SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated January 8, 2013 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated January 8, 2013. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is EXEMPT from Coastal Consistency Review. PROPERTY FACTS/DESCRIPTION: Subject parcel is located in the R-80 zone and contains 82.6 acres. It is improved with three dwellings, a brick building,two garages, 28 seasonal cottages and 20 sheds.The Breezy Shores community is a unique property deeply rooted in the history of the Town. The access to the property is via a private road (Sage Boulevard)and the property is adjacent on the south to Shelter Island Sound.The multiple cottages on the property are a pre-existing non-conforming use that was established prior to zoning by the Sage family in the early 1900s.The cottages housed employees of the Sage family brick factory and have been rented as seasonal cottages. In 2000,a real estate cooperative, Breezy Shores Community,Inc.,was established by the community and shares were offered as an ownership interest in the Cooperative.The cottage at issue in this application is known as Cottage no. 11 and is owned by Naomi Mullman.All as shown on the survey prepared by Howard Young, L.S., entitled Survey for Naomi Mullman, Cottage 11, Breezy Shores, dated July 6, 2012, revised Aug. 1, 2012 for General Amendments, Sheets 1 of 2,and 2 of 2. BASIS OF APPLICATION: Request for Variances from Article XXIII Code Section 280-123, Article XXII Section 280-116 (B) and the Building Inspector's October 22, 2012 Notice of Disapproval based on an application for building permit for additions and alterations to a seasonal cottage at; 1) a nonconforming building containing a nonconforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a conforming use, 2) less than the code required bulkhead setback of 75 feet, located at: 411 Breezy Shores Community, Inc., 65490 Main Road (aka State Route 25) aka Sage Blvd (adj. to Shelter Island Sound) Greenport,NY Page 2 of 3—February 28,2013 ZBA File06622—Breezy Shores Comm,Inc (Mullman) CTM 1000-53-5-12 6(cottage#11) RELIEF REQUESTED: The applicant requests variances to construct an addition and alterations to a seasonal cottage with a nonconforming use where the code permits no enlargement, reconstruction or alterations unless the building is changed to a conforming use, and a bulkhead setback of 54.5 feet(as shown on the survey) where the code requires a minimum of 75 feet, ADDITIONAL INFORMATION: The Board received a letter dated February I, 2013 from the President of the Breezy Shores Community Corporation indicating approval of the applicant's plans. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on February 7,2013 at which time written and oral evidence were presented. Based upon all testimony,documentation, personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1, _Town Law 5267-b(3)(b)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood nor a detriment to nearby properties.This unique property represents its own neighborhood of 82.6 acres with substantial wetlands and is far removed from adjacent properties. Thus, no adjacent property owner will be adversely impacted by the proposal. These 28 seasonal cottages on the subject property have been in existence since the early 1900's when they were built for occupancy by workers in the Sage brick factory. In the 1940's,when operation of the brick factory slowed cottages were rented to summer guests. Each of the adjacent waterfront units are similarly located from the bulkhead and are of similar size. 2. Town Law 5267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than area variances. The existing seasonal cottage is a pre-existing non- conforming building with a pre-existing non-conforming use with a pre-existing non-conforming bulkhead setback of 54.5 feet. Therefore, any proposed additions and alterations will require relief from the code. 3. Town Law§267-b(3)(b)(3); The variances granted herein are mathematically substantial. Section 280-123 prohibits the enlargement of non-conforming buildings with non-conforming uses. However, the proposed addition of 20.6 square feet to the existing bathroom is 3,1%of the pre-existing cottage foot print which the Board deems to be de minimus in nature and necessary to bring the existing bathroom up to code with a minimum square footage that is functionally practical. All other proposed alterations will be constructed in place and in kind.The variance granted herein for relief from Section 280-116(B) is mathematically substantial, representing 27%relief from the code. However, in the context of the entire community,the variance is not substantial. The nonconforming cottages have existed in their current locations since the 1940's with each waterfront cottage unit having a similar non-conforming bulkhead setback. The location of the proposed structure shall remain the same. 4. Town Law 5267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law 5267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase.However, to the extent that a structure ultimately and unavoidably requires some reconstruction and/or alterations to allow for reasonable improvements to continue the safe use of the structure,the need for variance relief is not self-created but created by the zoning code that now prohibits activities which at one time were not prohibited. 6. Town Law 6267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of additions and alterations to the seasonal cottage, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. Page 3 of 3—February 28,2013 ZBA Fileil6622—Breezy Shores Comm,Inc.(Mullman) CTM 1000-53-5-126(cottage#ll) RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, motion was offered by Member Schneider, seconded by Member Goehringer, and duly carried,to GRANT,the variances as applied for, and shown on the survey prepared by Howard Young,L.S.,entitled Survey for Naomi Mullman, Cottage 11, Breezy Shores, dated July 6,2012,revised Aug. 1,2012 for General Amendments, Sheets I of 2,and 2 of 2. And the architectural drawings prepared by David Mullman, R.A., as follows: Sheets A-1 and A-2 dated 8/13/12 last revised 11/12/2012 titled"Site Plan for Proposed Renovation",and "Photo of Existing Cottage", sheet DG-100.00 dated 10/16/12 last revised 10/25/12, sheets A-101, A-102,A-103 all dated 10/19/12 and last revised 10/25/12 CONDITIONS: 1. The structure shall be used only as an unheated seasonal cottage. 2. No future alterations or additions on the subject cottage may take place without review by the ZBA, other than necessary minor repairs as determined by the Building Department. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible dental by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variances) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity 1,'ote of the Board Ayes Members Weisman(Chairperson,)Hornung. Goehringer,Schneider This Resolution was duly adopted(4-0). Leslie Kanes Weisman, Chairperson Approved for filing 3 C.15- /2013 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson ���� Sa(JjiyD 53095 Main Road•P.O.Box 1179 Eric Dantes �O l4 Southold,NY 11971-0959 Office Location: Gerard P Goehringer co Town Annex/First Floor,Capital One Bank George Horning � • �p�O 54375 Main Road(at Youngs Avenue) Ken Schneider �f�cONNn Southold,NY 11971 http•//southoldtown.northfork net REC IV D ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809• Fax(631) 765-9064 Southold Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 25,2013 Z13A FILE: 6660 NAME OF APPLICANT: Breezy Shores Community, Inc. ( Ido Mizrahy) SCTM 1000-53-5,12.6 PROPER'T'Y LOCATION: 65490 Main Road Cottage 425 (aka State Route 25 and Sage Blvd.) (adj to Shelter Island Sound), Greenport, NY SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type 11 category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated May 15, 2013 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of' the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards The LWRP Coordinator issued a recommendation dated June 24, 2013. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION• Subject parcel, also known as Breezy Shores, is located in the R-80 zone and contains 82.6 acres. It is improved with three dwellings, a brick building, two garages, 28 seasonal cottages and 20 sheds. The access to the property is via a private road (Sage Boulevard), and the property is adjacent on the south to Shelter Island Sound. The Breezy Shores community is a unique property deeply rooted in the history of the "]'own The multiple cottages on the property are a pre-existing, non-conforming use that was established prior to foiling by the Sage family in the early 1900s The cottages originally housed employees of the Sage family brick factory until it ceased operations, and subsequently, then were rented as seasonal cottages. In 2000, a real estate cooperative, Breezy Shores Community, Inc., was established by the group and shares were offered as an ownership interest in the Cooperative. The cottage at issue in this application is known as Cottage no. 25, and is owned by Ido Mizrahy. This cottage is shown on the survey drawn by Howard W. Young,sheets 1-3, dated March 04, 2013, and building plans drawn by Frank W. Uellendahl, Registered Architect, sheets AI-3, dated April 30, 2013, with latest revision dated July 11, 2013 to shown all proposed additions, and the proposed increase in size from the building existing footprint, Page 2 oi'3—July 25,2013 ZBA 46660—Breezy Shores Community,Inc (Mizrahy) sc,rw 1000-53-5-12 6 BASIS OF APPLICATION: Request for Variance from Article XXIII Code Section 280-123A and the Building Inspector's March 7, 2013 Notice of Disapproval based on an application for building permit for additions and alterations to an existing seasonal cottage at; 1) a nonconforming building containing a nonconforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a conforming use, RELIEF REQUESTED: The applicant requests a variance to renovate the seasonal cottage#25, including a 5.8 sq. ft. new addition for the placement of a water heater, with new Code conforming stepped landings for the entrances, and foundation alterations that will result in a 0.92 increase in the building footprint, and an approximate 16 inch increase in overall building height in order to conform with current building Code relating to interior wall height. AMENDED APPLICATION: During the hearing, the applicant was asked to bring the plan into more conformity with the code. The applicant on July 15, 2013 submitted a plan reducing the size of one proposed stepped landing for a double door entry from 6 x3 ft. to 5 x 3 ft., dimensions that conform to the minimum size required by building code. ADDITIONAL INFORMATION: Representatives of the Breezy Shores Community expressed support for the Applicant's proposed renovations. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on July 11,2013, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: I Town Law &267-bQfb)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The building footprint will by expanded by 5.8 sq. ft. from the existing 634 sq. ft. to 639.8 sq ft. for a total increase in non-conformity of 0.92%. The new stepped landings are the minimum size allowed in order to comply with building code, and are not to be included in the consideration of any overall increase in non-conforming habitable space. The building will remain a single story, seasonally occupied dwelling, in a neighborhood characterized by many similar, seasonally occupied dwellings. 2 Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. Code defines that this seasonal cottage is a part of a larger non-conforming use of multiple dwellings, all co-located on a single residentially zone parcel. Therefore, any structural enlargements or alterations require the grant of a variance 3. Town Law $267-b(3)(b)(3). The variance granted herein is not mathematically substantial, representing 0.92% relief from the code, which the Board determines to be de minimus in nature. 4. Town Law &267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The existing building will be temporarily raised in place to facilitate the foundation renovations, and then lowered back onto the foundation. There will be a small increase Of 0.92% to the existing footprint. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code and all other applicable building Code. 5. Town Law §267-b(3)(b)(5). The difficulty has been self-created since the applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. However, to the extent that a seasonal structure such as this one periodically requires some degree of reconstruction and/or alterations to continue the safe use of the structure, the need for variance relief is not self-created, but is created by zoning Code that now prohibits an existing use and activities that at one time were not prohibited. 1 Page 3 of 3-July 25,2013 Z.BA 96660-Breezy Shores Community,Inc (Mizrahy) SCTM91000-53-5-12 6 6. Town Law &267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of renovations to a seasonal cottage, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Horning , seconded by Member Dantes, and duly carried, to GRANT, the variance/variances as applied for, and shown on the survey drawn by Howard W. Young, sheets 1-3, dated March 04, 2013, and building plans drawn by Frank W. Uellendahl, Registered Architect, sheets A-1, A- 2, A-4 dated April 30, 2013,and sheet A-3 with latest revision dated July 11, 2013 to shown all proposed additions, and the proposed increase in size from the building existing footprint. Subject to the following conditions; CONDITIONS: 1. The cottage use will continue in its current status as an unheated seasonally occupied dwelling. 2, No other alterations or additions may be undertaken without review by the ZBA,except for necessary minor repairs as determined by the Town Building Department. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals, Any deviation from the variances) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board- Ayes Members Weisman (Chairperson), Goehrrnger, Schneider, Dantes, Horning This Resolution was duly adopted(5-0). Leslie Kanes Weisman,Chairperson Approved for filing7 JG /2013 BOARD MEMBERS 0f S12 Southold Town Hall Leslie Kanes Weisman,Chairperson .53095 Main Road•P.O.Box 1179 �� l0 Southold,NY 11971-0959 Eric pantes Office Location: Gerard P.Goehnnger N Town Annex/First Floor,Capital One Bank George Horning iQ 54375 Main Road(at Youngs Avenue) Ken SchneiderCOU05 Southold,NY 11971 http://southoldtown.northfork.net RCEE� ZONING BOARD OF APPEALS _t, TOWN OF SOUTHOLD AU- - 7 Tel.(631) 765-1809 •Fax (631)765-9064 c f Southold Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF JULY 25,2013 ZBA FILE# 6661 NAME OF APPLICANT: Breezy Shores Community, Inc. (Graham Willoughby) SCTM#1000-53-05-12.6 PROPERTY LOCATION: 65490 Main Road Cottage 413 (aka State Route 25 and Sage Blvd.) (adj. to Shelter Island Sound), Greenport, NY SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type 11 category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated May 15, 2013 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated June 27, 2013. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP_ PROPERTY FACTS/DESCRIPTION• Subject parcel is located in the R-80 zone and contains 82.6 acres. It is improved with three dwellings, a brick building, two garages, 28 seasonal cottages and 20 sheds. The Breezy Shores community is a unique property deeply rooted in the history of the Town. The access to the property is via a private road (Sage Boulevard)and the property is adjacent on the south to Shelter Island Sound. The multiple cottages on the property are a pre-existing non-conforming use that was established prior to zoning by the Sage family in the early 1900s. The cottages housed employees of the Sage family brick factory and have been rented as seasonal cottages. In 2000,a real estate cooperative, Breezy Shores Community, Inc., was established by the community and shares were offered as an ownership interest in the Cooperative.The cottage at issue in this application is known as Cottage no. 13 and is owned by Graham Willoughby and Emily Williams. All as shown on the survey prepared by Howard Young, L S., entitled Survey for Cottage 13 "Breezy Shores"at Greenport, dated Jan. 09, 2013 BASIS OF APPLICATION: Request for Variance from Article XXI11 Code Section 280-123A and the Building Inspector's March 7,2013, amended May 2, 2013 Notice of Disapproval based on an application for building permit for additions and alterations to an existing seasonal cottage at; 1) a nonconforming building containing a Page 2 of 3-July 25,2013 "ZBA#6661—Breezy Shores Community,Inc (Willoughby) SCTM#1000-53-5-12 6 nonconforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a conforming use. RELIEF REQUESTED: The applicant requests a variance to construct a 27 square foot addition for the reconstruction and alterations of the bathroom and mudroom, as shown on the architectural drawings, A-1, A-2, A- 3 and A-4, prepared by Frank Uellendahl, R.A.,dated 04/30/2013. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on July 11,2013,at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1 Town Law 5267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood nor a detriment to nearby properties. This unique property represents its own neighborhood of 82.6 acres with substantial wetlands and is far removed from adjacent properties. Thus, no adjacent property owner will be adversely impacted by the proposal. These 28 seasonal cottages on the subject property have been in existence since the early 1900's when they were built for occupancy by workers in the Sage brick factory. In the 1940's, when operation of the brick factory slowed cottages were rented to summer guests. Each of the adjacent waterfront units are similarly located from the bulkhead and are of similar size. 2. Town Law &267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The existing seasonal cottage is a non-conforming building with a non-conforming use which, as per the code, requires a variance from Section 280-123 in order to permit any alterations and additions to the seasonal cottage, 3. Town Law 5267-b(3)N(3). The variance granted herein for relief from Section 280-123 is mathematically substantial, representing 100% relief from the code. However, the proposed addition of 27 square feet is minimal, representing a 3% expansion of the pre-existing cottage foot print and the proposed alterations will be in kind. 4. Town Law 5267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law$267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. However, to the extent that a structure ultimately and unavoidably requires some reconstruction and/or alterations to allow for reasonable improvements to continue the safe use of the structure, the need for variance relief is not self-created but created by the zoning code that now prohibits activities which at one time were not prohibited 6. Town Law 5267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an addition and alterations to the seasonal cottage, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Schneider, seconded by Member Goehringer, and duly carried, to GRANT,the variance as applied for, and shown on the architectural drawings, A-1 site plan dated 04/30/2013, last revised 7/11/13, A-2, A-3 and A-4, prepared by Frank Uellendahl, R.A., dated 04/30/2013. Subject to the following conditions, Page 3 of 3- luly 25,2013 ZBAM6661—Breezy Shores Community,Inc (Willoughby) SC 1'M#1000-53-5-12 6 CONDITIONS: 1. The structure shall be used only as an unheated seasonal cottage. 2. No future alterations or additions on the subject cottage may take place without review by the ZBA, other than necessary minor repairs as determined by the Building Department. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variances)granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformilies under the zoning code This action does not authorize or condone any current or future use, setback or other feature of the subfect property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board Ayes Members Weisman (Chairperson), Goehringer, Schneider, Dantes, Horning. This Resolution was duly adopted(5-0) Leslie Kanes Weisman, Chairperson Approved for filing 7/,3G /2013 i BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ���� S�(Jri�O 53095 Main Road-P.O.Box 1179 Eric Dantes ~� l4 Southold,NY 11971-0959 Office Location: Gerard P.Goehringer CA. Town Annex/First Floor,Capital One Bank George Horning ,-�c�l� �0� 54375 Main Road(at Youngs Avenue) Kenneth Schneider COU Southold,NY 11971 http://southoldtown.northfork.net RECEIV Q ZONING BOARD OF APPEALS 73 TOWN OF SOUTHOLD A 2 5 2 Tel.(631)765-2809-Fax (631)765-9064 Sou t old Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF APRIL 17,2014 ZBA FILE: 6704 NAME OF APPLICANT: Breezy Shores Community Inc. Cottage 47(Steven Flotteron)CTM 1000-53-5-12.6 PROPERTY LOCATION: 65490 Main Road, (aka Sage Blvd.)(adj.to Shelter Island Sound), Southold,NY SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated November 15, 2013 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated Nov. 26, 2013. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION; Subject parcel is located in the R-80 zone and contains 82.6 acres. It is improved with three dwellings, a brick building, two garages, 28 seasonal cottages and 20 sheds. The Breezy Shores community is a unique property deeply rooted in the history of the Town.The access to the property is via a private road (Sage Boulevard) and the property is adjacent on the south to Shelter Island Sound. The multiple cottages on the property are a pre-existing non-conforming use that was established prior to zoning by the Sage family in the early 1900s.The cottages previously housed employees of the Sage family brick factory, and after the brickyard closed, they were rented as seasonal cottages. In 2000 a real estate cooperative, Breezy Shores Community, Inc.,was established, and shares were offered as an ownership interest in the Cooperative. The cottage at issue in this application is known as Cottage no. 7 and is owned by Steven Flotteron. The cottage, with proposed improvements, is shown on the survey of Breezy Shores prepared by Howard Young, L.S., dated Dec. 30, 2010, and the site plan drawings by Robert I.Brown Architect,P.C.,dated March 24,2014. BASIS OF APPLICATION: Request for Variances from Article XXIII Code Section 280-123, Article XXII Section 280-116 (B) and the Building Inspector's October 31, 2013 Notice of Disapproval based on an application for building permit for additions and alterations to an existing seasonal cottage at; 1) a nonconforming building containing a nonconforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such buildingis changed to a conforming use,2) less than the code required bulkhead setback of 75 feet. Page 2 of 3-April 17,2014 ZBA#6704-Breezy Shores Comm.,Inc SCTM#1000-53-5-12 6 RELIEF REOUESTED: The applicant requests a variance to construct additions and alterations to an existing nonconforming seasonal cottage when such changes to a nonconforming structure containing a nonconforming use are not allowed by Code,and a second variance for a 72 feet setback from the bulkhead,where 75 feet is required. AMENDED APPLICATION: During the Dec. 5, 2013 hearing, the applicant was asked to bring the plan into more conformity with the code. The applicant on March 26, 2014 submitted a revised plan that reduced the size of the proposed non-conforming additions and alteration, bringing the plan into more conformity with the codes. Several letters of support were received. The Board of the Breezy Shores Community is in support of the proposal. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on December 5,2013, on February 6,2014, and on April 3, 2014, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law &267-1b(3)(b)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. This unique property represents its own neighborhood of 82.6 acres with substantial wetlands,and it is sufficiently removed from other adjacent neighborhood properties so that no adjacent property owners will be adversely impacted by the proposed structural improvements to seasonally occupied Cottage V. The additions will be limited to a 2.8% increase in the size of the existing structure. All 28 seasonal cottages on the subject property have been in existence since the early 1900's,when they were constructed for workers in the Sage brick factory. In the 1940's,when operation of the brick factory slowed and then stopped, the cottages were rented to seasonal guests. The adjacent waterfront cottages have similar,pre-existing, non- conforming bulkhead setbacks, 2. Town Law 5267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The existing seasonal cottage is a pre-existing non- conforming building with a pre-existing non-conforming use. The cottage also has a pre-existing non-conforming bulkhead setback of 72 feet. As a consequence of the non-conforming features any proposed additions and alterations will require relief from the code. 3. Town Law 5267-b(3)(b)(3). The variance granted herein for the alterations and additions is mathematically substantial,representing 100%relief from the code because Section 280-123 prohibits the enlargement of non- conforming buildings with non-conforming uses. However,the proposed addition of 20.6 square feet to the existing structure represents a 2.8% increase in the size of the pre-existing cottage footprint.This Board, in prior decisions related to other Breezy Shores applications involving proposed increases of structure sizes of less than 3%, has deemed such increases, particularly when necessary to make interior bathroom or bedroom space more Code conforming,to be de minimus in nature, This applicant's proposed increase in structure size is necessary in order to bring the existing bedrooms up to code required legal size. The variance granted herein for relief from Section 280-116(B) for a 72 feet bulkhead setback where 75 feet is required by Code is not mathematically substantial, representing approximately 4% relief from the code. 4. Town Law 5267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law 5267-b(3)(b)(5). The difficulty has been self-created since the applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. However, to the extent that a seasonal structure such as this one periodically requires some degree of reconstruction and/or alterations to continue the safe use of the structure,the need for variance relief is not self-created. Page 3 of 3-April 17,2014 ZBAa6704-Breezy Shores Comm,Inc SCTMH 1000-53-5-12,6 6. Town Law 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of additions and alterations to the seasonal cottage, including Code compliant bedroom dimensions, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Horning, seconded by Member Weisman (Chairperson),and duly carried,to GRANT, the variances as applied for, and shown on the survey of Breezy Shores prepared by Howard Young, L.S., dated Dec. 30, 2010, and the drawings, titled Site Plan (Flotteron) dated 10/30/2013, Ground Floor dated Mar. 24, 2014 and Flotteron Residence dated Mar. 24, 2014 all prepared by Robert I. Brown Architect,P.C., subject to the following conditions; CONDITIONS- 1.The cottage use will continue in its current status as an unheated seasonally occupied dwelling. 2,No other alterations or additions may be undertaken without review by the ZBA,except for necessary minor repairs as determined by the Town Building Department. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s)granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board. oyes: Members Weisman (Chairperson), Schneider, Horning, Goehringer, Dantes. This Resolution was duly adopted(5-0). Leslie Kanes Weisman, Chairperson Approved for filing /�� /2014 BOARD MEMBERSSouthold Town Hall Leslie Kanes Weisman,Chairperson ���SO Southold 53095 Main Road e P.O.Box 1179 � p h0 l0 Southold,NY 11971-0959 Eric Dantes [ t Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Horning �p �� 54375 Main Road(at Youngs Avenue) Kenneth Schneider l'�CQ(f(��1 Southold,NY 11971 http://southoldtown.northfork.net RECEIVED ZONING BOARD OF APPEALS 1�.31� 1tit TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 du2 3 2015 n tathold Town Clerk FINDINGS,DELIBERATIONS AND DETERNIINATION MEETING OF JUNE 18,2015 ZBA FILE#6862 NAME OF APPLICANT:BREEZY SHORES COMMUNITY,INC.(MARTHA BROOKS) PROPERTY LOCATION: Cottage #4 Breezy Shores Community, Inc., 65490 Main Road (aka State Route 25)aka Sage Blvd. (adj.to Shelter Island Sound)Greenport,NY. SCTM#1000-53-5-12.6 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated June 2, 2015 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated May 26, 2015. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us,it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: Subject parcel is located in the R-80 zone and contains 82.6 acres.It is improved with three dwellings, a brick building,two garages,28 seasonal cottages and 20 sheds.The Breezy Shores community is a unique property deeply rooted in the history of the Town.The access to the property is via a private road(Sage Boulevard) and the property is adjacent on the south to Shelter Island Sound.The multiple cottages on the property are a pre-existing non-conforming use that was established prior to zoning by the Sage family in the early 1900s.The cottages housed employees of the Sage family brick factory and have been rented as seasonal cottages. In 2000,the community established a real estate cooperative,Breezy Shores Community,Inc., and shares were offered as an ownership interest in the Cooperative. The cottage at issue in this application is known as Cottage no.4 and is owned by Martha Brooks.All as shown on the survey prepared by Howard Young,L.S., dated January 9, 2013 and a site plan by Robert I Brown,Architect, dated August 18, 2014. BASIS OF APPLICATION: Request for Variance(s) from Article XXIII Code Section 280-123, Article XXII Section 280-116 (B) and the Building Inspector's January 12, 2015 Notice of Disapproval based on ■ � f Page 2 of 3—June 18,2015 ZBA File#6862—Breezy Shores(Brooks) SUM#1000-53-5-12 6 an application for building permit to add and alter, to include raising an existing seasonal cottage at; 1) a nonconforming building containing a nonconforming use shall not be enlarged,reconstructed, structurally altered or moved, unless such building is changed to a conforming use, 2) less than the code required bulkhead setback of 75 feet. RELIEF REQUESTED: The applicant requests variances to make alterations to a seasonal cottage with a nonconforming use where the code permits no enlargement, reconstruction or alterations unless the building is changed to a conforming use, and a non-conforming bulkhead setback of 59.5 feet where the code requires a minimum of 75 feet. I ADDITIONAL INFORMATION: The Board received a letter dated July 29, 2014 from the Secretary of the Breezy Shores Community Corporation indicating approval of the applicant's plans. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on June 4,2015 at which time written and oral evidence were presented. Based upon all testimony, documentation,personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 6267-b(3)(b)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood nor a detriment to nearby properties.This unique property represents its own neighborhood of 82.6 acres with substantial wetlands and is far removed from adjacent properties. Thus, no adjacent property owner will be adversely impacted by the proposal.These 28 seasonal cottages on the subject property have been in existence since the early 1900's when they were built for occupancy by workers in the Sage brick factory. In thel940's,when operation of the brick factory slowed cottages were rented to summer guests.Each of the adjacent waterfront units are similarly located fi•om the bulkhead and are of similar size. 2. Town Law 6267-b(30)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than area variances. The existing seasonal cottage is a pre- existing non-conforming building with a pre-existing non-conforming use with a pre-existing non- i conforming bulkhead setback of 59.4 feet. Therefore, any proposed additions and alterations will require relief from the code. 3. Town Law 6267-b(3)(b)(3). The variances granted herein are mathematically substantial. The variance for Section 280-123 represents 100% relief because the code prohibits the enlargement of non- conforming buildings with non-conforming uses. However,the proposed addition of a door with a 4' x 4' landing on the west side of the cottage and a sliding glass door with a 4' by 8' landing on the East side of the cottage will add 2.22%to the existing footprint. This is in line with de minimus additions the ZBA has granted in previous decisions. In the context of the entire community,the variance is not substantial. The variance for the bulkhead setback is substantial representing 21%relief from the code. However, the nonconforming cottages have existed in their current locations since the 1940's with each waterfront cottage unit having a similar non-conforming bulkhead setback.The location of the proposed structure shall remain the same. i I 4. Town Law §267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. I i i 1 Page 3 of 3—June 18,2015 ZBA File#6862—Breezy Shores(Brooks) SCTM#1000-53-5-12.6 i 5. Town Law X267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive j knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the I time of purchase.However, to the extent that a structure ultimately and unavoidably requires some reconstruction and/or alterations to allow for reasonable improvements to continue the safe use of the structure,the need for variance relief is not self-created but created by the zoning code that nowprohibits I activities which at one time were not prohibited. 6. Town Law 5267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of additions and alterations to the seasonal cottage, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Dantes, seconded by Member Goehringer, and duly carried,to GRANT, the variances as applied for, and shown on the Architectural plans by Robert I. Brown, Architect labeled site plan, foundation plan, existing floor plan, road side, west, water side, and east elevations, and section for phases I and II and dated March 3,2015. Any deviation from the survey,siteplan and/or architectural drawings cited to this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s)granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other,than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de mrmmis in nature for an alteration that does not increase the degree ofnonconformity. i Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured,and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)Years from the date such variance was granted. The Board of Appeals may,upon written request prior to the date of expiration,grant an extension not to exceed three(3) consecutive one(1) year terms. Vote of the Board: Ayes: Members Weisman(Chairperson),Schneider,Horning,Dante, Goehringer.This Resolution was duly adopte (5-0). I Leslie Kanes Weisman, Chairperson Approved for filing /, L /2015 i 1 ' BOARD MEMBERS 0 Sol Southold Town Hall Leslie Kanes Weisman,Chairperson �� y� 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes [ Office Location: Gerard P.Goehringer n Q Town Annex/First Floor,Capital One Bank George Homing ;43% 54375 Main Road(at Youngs Avenue) Kenneth Schneider I�ChU�ti,, Southold,NY 11971 http://southoldtown.northfork.net PRE DZONING BOARD OF APPEALS6 TOWN OF SOUTHOLD A 66 201 Tel.(631)765-1809•Fax(631)765-9064 , uthold Toum Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF APRIL 21,2016 ZBA FILE: 6934 NAME OF APPLICANT: Breezy Shores Community,Inc. (Jason Schmidt) PROPERTY LOCATION: #8 Breezy Shores Community,Inc., 65490 Main Road,aka Sage Blvd. Greenport,NY SCTM#1000-53-5-12.6 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated Feb. 19,2016 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated March 8, 2016. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is the LWRP CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: : Subject parcel is located in the R-80 zone and contains 82.6 acres. It is improved with three dwellings, a brick building, two garages, 28 seasonal cottages and 20 sheds. Access to the property is via Sage Boulevard, which is a private road, and the property is adjacent on the south to Shelter Island Sound. The Breezy Shores community is a unique property deeply rooted in the history of the Town. The multiple cottages on the property are a pre-existing non-conforming use that was established prior to zoning by the Sage family in the early 1900s.The cottages previously housed employees of the Sage family brick factory,and after the brickyard closed, they were rented as seasonal cottages. In 2000 a real estate cooperative, Breezy Shores Community, Inc. was established, and shares were offered as an ownership interest in the Cooperative.The cottage at issue in this application is known as Cottage #8 and is owned by Jason Schmidt. The cottage, with proposed improvements, is shown on the survey of Breezy Shores prepared by Frank Uellendahl,dated Feb. 02,2016. BASIS OF APPLICATION: Request for Variances from Article XXIII Code Section 280-123 and the Building Inspector's February 3, 2016 Notice of Disapproval based on an application for building permit to construct additions and alterations to an existing seasonal cottage at; 1) a nonconforming building containing a nonconforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a conforming use. Page 2 of 3—April 21,2016 ZBAI16934—Breezy Shores Community(Schmidt) SCrMt11000-53-5-12.6 RELIEF REQUESTED: The applicant requests a variance to construct additions and alterations to an existing nonconforming seasonal cottage when such changes to a nonconforming structure containing a nonconforming use are not allowed by Code. ADDITIONAL INFORMATION: The file contains a memo submitted by the Board of Breezy Shores, Inc., dated Jan.29,2016,stating their approval of the applicant's proposed cottage renovation. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on April 7,2016,at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law $267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. This unique property represents its own neighborhood of 82.6 acres. It contains a substantial buffer of wetlands along the northerly boundary of the property,and the enclave of cottages is sufficiently removed from other adjacent neighborhood properties so that adjacent property owners will not be adversely impacted by the proposed structural improvements to seasonally occupied Cottage#8. 2. Town Law 5267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The existing seasonal cottage is a pre-existing non- conforming building with a pre-existing non-conforming use. As a consequence of the non-conforming status, any proposed additions and alterations will require relief from the code. 3. Town Law 5267-b(3)(b)(3).The variance granted herein for the alterations and additions is mathematically substantial, representing 100%relief from the code because Section 280-123 prohibits the enlargement of non- conforming buildings with non-conforming uses. However,the proposed addition of 21 square feet to the existing structure represents a 2.98% increase in the size of the pre-existing cottage footprint.This Board, in prior decisions related to other Breezy Shores applications involving proposed increases of structure sizes of less than 3%, has deemed that such increases,particularly when necessary to make interior bathroom or bedroom space more Code conforming, to be de minimus in nature. This applicant's proposed increase in structure size is necessary in order to bring the existing bedrooms up to code required legal size. 4. Town Law §267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. The cottage will be raised 12-14 inches to provide additional protection from potential storm surge flooding. 5. Town Law 5267-b(3)(b)(5). The difficulty has been self-created since the applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase.However,to the extent that a seasonal structure such as this one periodically requires some degree of reconstruction and/or alterations to continue the safe use of the structure, the need for variance relief is not self-created, but is created by zoning Code that now prohibits an existing use and activities that at one time were not prohibited. 6. Town Law 5267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of renovations,while preserving and protecting the character of the neighborhood and the health,safety and welfare of the community. Page 3 of 3—April 21,2016 ZBA#6934—Breezy Shores Community(Schmidt) SCTh1#1000-53-5-12.6 RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, motion was offered by Member Horning, seconded by Member Weisman (Chairperson), and duly carried,to GRANT the variance as applied for, and shown on the survey of Breezy Shores prepared by Frank Uellendahl, dated Feb. 02,2016. Subject to the following conditions; CONDITIONS: 1. The cottage use will continue in its current status as an unheated seasonally occupied dwelling. 2.No other alterations or additions may be undertaken without review by the ZBA, except for necessary minor repairs as determined by the Town Building Department. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s)granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may,upon written request prior to the date of expiration, grant an extension not to exceed three(3) consecutive one (1)year terms. Vote of the Board. Ayes: Members Weisman (Chairperson), Schneider, Dantes, Horning, Goehringer. This Resolution was duly adopted (5-0). Leslie Kanes Weisman, Chairperson Approved for filing /,272-42016 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson O���F SO Southold 53095 Main Road•P.O. Box 1179 ti O Southold,NY 11971-0959 Patricia Acampora � � Office Location: Eric Dantes N Town Annex/First Floor, Robert Lehnert,Jr. e 54375 Main Road(at Youngs Avenue) Nicholas Planamento 00U Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631) 765-9064 OVA FINDINGS,DELIBERATIONS AND DETERMINATIO DEC z 4 18 MEETING OF DECEMBER 20,2018 Southold Town Clerk ZBA FILE: 7223 NAME OF APPLICANT: David & Diane Nelson PROPERTY LOCATION: 65490 Route 25, (Breezy Shores Cottage#24) Greenport,NY SCTM No. 1000-53-5-12.6. SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated August 24, 2018 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued his recommendation dated November 26, 2018. Based upon the information provided on the LWRP Consistency Assessment Form submitted, as well as the records available, it is recommended that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: Subject parcel is located in the R-80 Zoning District and contains 82.6 acres. It is improved with three dwellings, a brick building, two garages, 28 seasonal cottages and 20 sheds. Access to the property is via Sage Boulevard, which is a private road, and the property is adjacent on the south to Shelter Island Sound. The Breezy Shores community is a unique property deeply rooted in the history of the Town. The multiple cottages on the property are pre-existing non-conforming use that was established prior to zoning by the Sage family in the early 1900's. The cottages previously housed employees of the Sage family brick factory, and after the brickyard closed, they were rented as seasonal cottages. In 2000, a real estate cooperative, Breezy Shores Community Inc. was established, and shares were offered as an ownership interest in the Cooperative. The cottage at issue in this application is known as Cottage # 24 and is owned by David & Diane Nelson. The cottage, with proposed improvements, is shown on the Survey of Breezy Shores, prepared by Frank Uellendahl,dated June 14, 2018. I Page 2, December 20,2018 #7223,Nelson SCTM No. 1000-53-5-12 6 BASIS OF APPLICATION: Request for a Variance from Article XXIII, Section 280-123 and the Building Inspector's June 25, 2018, Notice of Disapproval based on an application for a building permit to make additions and alterations to an existing seasonal cottage, at; 1)a non-conforming building containing a non-conforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a conforming use; at: 65490 Route 25, (aka Sage Boulevard, Breezy Shores Cottage #24, Adj. to Shelter Island Sound) Greenport,NY. SCTM#1000-53-5-12.6. RELIEF REQUESTED: The applicant requests a variance to construct additions and alterations to an existing nonconforming seasonal cottage by adding 13 sq. ft. addition, resulting in 2.4% increase in size, when such changes to a nonconforming structure containing a nonconforming use are not allowed by Town Code. ADDITIONAL INFORMATION: The file contains a memo submitted by the Board of Breezy Shores Inc., dated June 11, 2018, stating their approval of the applicants proposed cottage renovation. Included in the application packet, the applicant submitted eight prior decisions which granted variances for various cottages in the Breezy Shores Community. These decisions consisted of an interpretation and a use variance issued in 2011 and six decisions for area variances granting the applicants the ability to alter and construct less than 3.1% in increases to the size of their cottages. Email correspondence was received from a neighbor expressing support for the planned renovations. In addition to the proposed improvements, the cottage will be raised in order to comply with FEMA Flood Zone regulations. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on December 6,2018,at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law &267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. This unique property having been in existence since the early 1900's represents its own neighborhood of 82.6 acres with substantial buffer of wetlands along the northern boundary of the property. Furthermore, the enclave of cottages is sufficiently removed from other adjacent neighborhood properties so that property owners will not be impacted by the proposal. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The existing seasonal cottage is a pre-existing non- conforming building with a pre-existing non-conforming use. As a consequence of the non-conforming status, any proposed additions and alterations will require relief from the code. 3. Town Law $267-b(3)(b)(3). The variance(s) granted herein granted herein for the alterations and additions is mathematically substantial, representing 100% relief from the code because Section 280-123 prohibits the enlargement of non-conforming buildings with non-conforming uses. However,the proposed addition of 13 square feet to the existing structure represents 2.42 % increase in the size of the pre-existing cottage footprint. The Board in prior decisions related to other Breezy Shore applications involving proposed increases of structure less than 3%, has deemed such increases, to be de minimus in nature. This applicants' proposed increase in structure size is minor and is just squaring off the building that is being lifted to conform to FEMA regulations. 4. Town Law &267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. The cottage will be also I Page 3, December 20,2018 #7223,Nelson SCTM No. 1000-53-5-12.6 be raised to comply with current FEMA requirements to provide additional protection from potential storm surge flooding. 5. Town Law 6267-b(30)(5). The difficulty has been self-created since the applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. However,to the extent that a seasonal structure such as this that periodically requires some degree of reconstruction and/or alterations in order to continue the safe use of the structure, the need for variance relief is not self-created, but is created by Zoning Code that now prohibits an existing use and activities that at one time were not prohibited. 6. Town Law 6267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of renovations and an addition to the cottage while preserving and protecting the character of the neighborhood and the health,safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, motion was offered by Member Lehnert, seconded by Member Dantes, and duly carried, to GRANT the variance as applied for, and shown on the site plan of Breezy Shores, Cottage 424, prepared by Frank Uellendahl, R. A. dated June 14, 2018. SUBJECT TO THE FOLLOWINGCONDITIONS: 1. The cottage use will continue in its current status as an unheated seasonally occupied dwelling. 2. No other alterations or additions may be undertaken without review by the ZBA, except for necessary minor repairs as determined by the Town Building Department. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s)granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. In the event that this is an approval subject to conditions, the approval shall not be deemed effective until such time that the foregoing conditions are met; and failure to comply therewith will render this approval null and void. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three � s Page 4, December 20,2018 #7223,Nelson SCTM No 1000-53-5-12 6 (3) years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three(3) consecutive one (1)year terms. Vote of the Board: Ayes: Members Dantes(Vice Chair),Acampora, Planamento and Lehnert. This Resolution was duly adopted(4-0). (Chairperson Weisman absent) Eric L. Dantes Vice Chair Approved for filing �-/ 2 /2018 BOARD MEMBERS �OF SO(/l Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road•P.O.Box 1179 O Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes C Town Annex/First Floor, Robert Lehnert,Jr. • COQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento IiYCOU0 Southold NY 11971 RE CLEIVEE) http://southoldtownny.gov c36 11'i ZONING BOARD OF APPEALS 4' i`UG 2 5 2020 TOWN OF SOUTHOLD n �Gx Tel.(631)765-1809 •Fax(631)765-9064 ® ��� �,® � ����� FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF AUGUST 20, 2020 ZBA FILE : 7408 NAME OF APPLICANT: Mike& Mary Beth Petsky PROPERTY LOCATION: 65490 Route 25, Greenport,NY,(Breezy Shores Cottage#10) SCTM No. 1000-53-5-12.6 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated March 9, 2020 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued his recommendation dated July 22, 2020. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available, it is recommended that the proposed action is CONSISTENT with LWRP policy standards,and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: Subject parcel is located in the R-80 Zoning District and contains 82. 6 acres. It is improved with three dwellings, a brick building, two garages, 28 seasonal cottages and 20 sheds. Access to the property is via Sage Boulevard, which is a private road, and the property is adjacent on the south to Shelter Island Sound, The Breezy Shores community is a unique property deeply rooted in the history of the Town. The multiple cottages on the property are pre-existing non-conforming use that was established prior to zoning by the Sage family in the early 1900's. The cottages previously housed employees of the Sage family brick factory, and after the brickyard closed, they were rented as seasonal cottages. In 2000, a real estate cooperative, Breezy Shores Community Inc. was established, and shares were offered as an ownership interest in the Cooperative. The cottage at issue in this application is known as Cottage# 10 and is owned by Mike&Mary Beth Petsky. The cottage, with proposed improvements, is shown on the Site Plan of Breezy Shores,prepared by Robert Brown Architect, dated November 2019. BASIS OF APPLICATION: Request for a Variance from Article XXIII, Section 280-123 and the Building Inspector's January 2, 2020 Notice of Disapproval based on an application for a building permit to make additions and alterations to an existing seasonal cottage, at; 1) a non-conforming building containing a non-conforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a conforming Page 2,August 20,2020 #7408,Petslry STM No. 1000-53-5-12 6 use; at: 65490 Route 25, (aka Sage Boulevard, Breezy Shores Cottage #10, Adj. to Shelter Island Sound) Greenport,NY. SCTM#1000-53-5-12.6. RELIEF REQUESTED: The applicant requests a variance to construct additions and alterations to an existing nonconforming seasonal cottage measuring an additional 21.8 sq. ft., less than 3% increase in overall size, when such changes to a nonconforming structure containing a nonconforming use are not allowed by Code. ADDITIONAL INFORMATION: The file contains a memo submitted by the Board of Breezy Shores Inc., dated February 5, 2020, stating their approval of the applicants proposed cottage renovation. Testimony was taken during the hearing from the architect that the subject structure was going to be raised, and new foundations installed to FEMA requirements to make the structure compliant. The applicant in a letter dated August 5, 2020, acknowledged that the application erroneously omitted a new foundation and lifting of the cottage, although noted on the drawings. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on August 6,2020, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. This unique property represents its own neighborhood of 82.6 acres. It contains substantial buffer of wetlands along the northern boundary of the property, and the enclave of cottages is sufficiently removed from other adjacent neighborhood properties so that adjacent property owners will not be affected by an additions and alterations. 2. Town Law $267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The existing seasonal cottage is a pre-existing non- conforming building with a pre-existing non-conforming use. As a consequence of the non-conforming status, any proposed additions and alterations will require relief from the code. 3. Town Law 4267-b(3)(b)(3). The variance(s) granted herein granted herein for the alterations and additions is mathematically substantial, representing 100% relief from the code because Section 280-123 prohibits the enlargement of non-conforming buildings with non-conforming uses. However, the proposed addition of 21.3 square feet to the existing structure represents 2.98 % increase in the size of the pre-existing cottage footprint. The Board in prior decisions related to other Breezy Shore applications involving proposed increases of structure less than 3 %, has deemed such increases, to be de minimus in nature. This applicant's proposed increase in structure size is minor and is just squaring off the building that is already being lifted to conform to FEMA codes. 4. Town Law 4267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law U67-b(3)(b)(Q. The difficulty has been self-created since the applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. However, to the extent that a seasonal structure such as this one periodically requires some degree of reconstruction and/or alterations to continue the safe use of the structure, the need for variance relief is not self-created, but is created by Zoning Code that now prohibits an existing use and activities that at one time were not prohibited. Page 3,August 20,2020 #7408, Petsky STM No. 1000-53-5-12 6 6. Town Law 5267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of renovations and additions while preserving and protecting the character of the neighborhood and the health, safety and•welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Lehnert, seconded by Member Dantes, and duly carried,to GRANT the variance as applied for, and shown on a Site Plan of Breezy Shores, dated November 1, 2019 and Architectural Drawings, dated January 3,2020,prepared by Robert I. Brown,Architect. SUBJECT TO THE FOLLOWING CONDITIONS: 1. The cottage use will continue in its current status as an unheated seasonally occupied dwelling. 2. No other alterations or additions may be undertaken without review by the ZBA, except for necessary minor repairs as determined by the Town Building Department. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or apossible denial by the Building Department of a buildingpermit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variances)granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. In the event that an approval is granted subject to conditions, the approval shall not be deemed effective until the required conditions have been met; and failure to comply therewith will render this approval null and void The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of•Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one (1) year terms. Vote of the Board: Ayes: Members Weisman(Chairperson)Acampora,Dantes,Lehnert, and Planamento(5-0). Leslie Kaneg Weisman, Chairperson Approved for filing -F/ x'020 a 4 1 I AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD WHEN TO USE THIS FORM.• The forret must be completed by the applicant for any special use permit, site plan approval, use variance, or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Sections 239- ret and 239-n of the General Municipal Law. 1)Name of Applicant: FRAue, 64611E o ffc 120 2)Address of Applicant: ZSL (/E (- 3)Name of Land Owner(if other than applicant) : 441A2LE5 4 �K 4) Address of Land Owner: >tf 4' C?" GLEN D A! / 5)Description of Proposed Project: GOdJ UG"l t'-76!-,96X0!77064 -r- RE94011PRON -GO,U L C0 r - .06zy 900r- 6) Location of Property(road and tax map number): 46.9496 4; POMP (� r-oZI79bC #- ( —o 92-EEZY S 7)Is the parcel within an agricultural district? El No XYes If yes, Agricultural District Number 8) Is this parcel actively farmed?X No QYes 9) Name and address of any owner(s) of land within the agricultural district containing active farm operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through the Town Assessors Office, Town Hall location (765-1937) or from any public computer at the Town Hall locations by viewing the parcel numbers on the Town of Southold Real Property Tax System. Name and Address 1. c Q/S :?2&t IIT OLpI �Y l�g�-r 2. SCT loon -S2- -.5�.(O 3. 4. 5. 6. (Please use back side of page if more than six property owners are identified.) The lot nu r ay be obtained,in advance, when requested from either the Office of the Planning Board at .765-1938 r h and of Appeals at 765-1809. /D i/4 i 2� SigViature of Applicant Date Note: 1.The local board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation.Solicitation will be made by supplying a copy of this statement. 2.Comments returned to the local board will be taken into consideration as part of the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant and/or the clerk of the board to the property owners identified above.The cost for mailing shall be paid by the applicant at the time the application is submitted for review.Failure to pay at such time means the application is not complete and cannot be acted upon by the board 1-14-09 x 617.20 Appendix B Short Environmental Assessment Form Instructions for Completing Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. if additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1 -Project and Sponsor Information Name of Action or Project: 'e2tGE2 yo Project Location(describe,and attach a location map): toy¢90 "Palk) 420. Z RTE 25 Brief Description of Proposed Action: R906H ROOF 0 F 19 60 16 F(7-OrPI-5 1=) �� AL colt b =. -V Rl20Pjf25/xJ& '00J 146E ,Z) o u -8-41V Z--qVVWt9w slay OF COTTR . Pr1oPCQS6? ® Name of Applicant or Sponsor: Telephone:(.3/. ,177. 1?462 FiLZAu k 4219 E-Mail: �d!!�•�Q�l�l[�Qjf! li[�cd��G Address: City/PO: � tj D State: Zip Code: �G AJ Y a� , 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval-— cJTSES 3.a.Total acreage of the site of the proposed action? 6P acres b.Total acreage to be physically disturbed? 0,00/ ' acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 630.jp acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑ Urban Rural(non-agriculture) ❑Industrial ❑Commercial Residential(suburban) ❑Forest Agriculture XAquatic ❑ Other(specify): ❑Parkland Page 1 of 4 i i' y 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? b.Consistent with the adopted comprehensive plan? , 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: u G 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? X 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? v b.Is the proposed action located in an archeological sensitive area? n 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? X If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Id ntify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: Shoreline 0 Forest 0 Agricultural/grasslands 0 Early mid-successional X Wetland 0 Urban 0 Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? XNO 0 YES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: MAYES 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: 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: X* I AFFIRM THT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE r1 n Applicant/sp69-f—a/ `©/ 0�2(J/n0 Date: Signature: 1 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?" ` '�'{,...a�" S".•' .'•.ht°''`"''^'.�4'S�';�,f. u•;'i. f�,�-s�•:`+�e:`�.4,5 `;%b" '-y Y�,�•ear'-mo-•�. s -y.. err , ,rF �5c•-''�s.r+.Y�'. ��` YS�•�r,Y�ti, .,2ip.'r�:}?>,.,;x'.,4.:... �i:L•',.,..f.;.J<,;.G_1�„.t:-Cr_•'�s''::'` :_�°�'�,i-�l'y!"..t:;ti.•t,�:•#�.i,i•C�3,•�.-,•''Y�t�rf'i a�'' :,{�• �' Moderatee `ssmall to large k �)��{r�:�•.'•�,-,..,l-�,fi��sY.i;ir.:(-;1�r.Y'.,:�•f,;'V;�C�'.r..�.i�'�.�-1': _ 'iU'�S�S Y'�tri" ,�•,�-" r. +.yx.+^'+r�; y <.r' :`' ''-t-.';r: `"��;.:,....;::i•r,,. ,.�;,�. - 'x`:..�•. zr, ;: ;,`� , impact impact ;�Y'' :'�_av:` =�' '4,:�-- � '`i =� - - - � x• �e_,iA,,ti's`--�.c t �'.�;�9 .,{, 't�tti..a��� ^�✓,..r. �{` 41.1-.:-.:•� �t����� M•���"S:'-;i ?w�y`�4�rg• ` � may may �. � . . , _.r .. �. '.';vr� _.. -.i,:= .>_`:=:;�,� .=,�w ;T�- - :• t.,.. Y� 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 No or Moderate small to large °`.., Y•:r .;,.`e.1,U:E'�r?ryt s impact impact tSfa,v'S.,�s:, ':.: Iry ,y�• �, Y r•_' � '� ,,.� occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. ❑ 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 I � , I I Board of Zoning Appeals Application AUTHORIZATION (Where the Applicant is not the Owner) gat /�7 5' 6,e (Print property owner's name) (Mailing Address) do hereby authorizeG (Agent) to apply for variance(s)on my behalf from the Southold Zoning Board of Appeals. (O per's Signature) (Print Owner's Name) S `����SZPTE'pi� Dawn on NOTARY Notary Public,State of New York PU9LIC * No O1J0b349053 Ory,New ,t Qualified in Suffolk County Commission Expires 10111/202---`' tiY ^ lly ` �,r Al { BREEZY SHORES COMMUNITY INC Sage Blvd. Greenport,NY 11944 November 25, 2020 The Board of Directors of Breezy Shores Community Inc. (BSCI) 2020/21, consisting of Martha Brooks President; Mary Dowd, VP; Jennifer Wagner, VP; Diane Nelson, Treasurer; and Lauren Heidenry, Secretary, hereby affirm that we have reviewed the renovation proposal for Helen and Charlie Szarka in cottage 17, which was prepared by: Frank Uellendahl PO Box 316 Greenport, NY 11944 (631)477-8624 frank.uel lendahl @ gmail.com and have no objections thereto. Thank you, Diane Nelson, Treasurer, on behalf of the Board of Directors BREEZY SHORES COMMUNITY, INC P.0 BOX 925 MATTITUCK, NY 11952 p�ar�lQ7JlQ�z shorPs con c�cgn�cp�snar�:a LclisUuth-r_# I APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. //ss YOUR NAME : �� ( k-�tk)41,av)v (Last name,first name, ddle initial,unless you are applying in the name someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance V Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,,marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO If No,sign and date below.If YES,complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicantlagent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5% of the shares of the corporate stock of the applicant(when the applicant is a corporation-) „ B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this day of Com,20 L() Signature 4.LLtli� 4C-ZEA) -52-141-2 � Print Name c,1 11)11_. s 5 z,4 4�A AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Sout_hold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME ; GlE�1 ��A ��U� G{J (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION:-(Cheek all that apply) Tax grievance Building Permit Variance X Trustee Permit x Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child) have a relationship with any officer or employee of the Town of Southold?"Relationship" includes by blood, marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5% of the shares. YES NO If No,sign and date below.If Yes,complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this 1`1' b4,20 2D Signature //�� Print Name >�?21gU�e �rLLE,U�A{ K� � Y ISI Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# _ f - --- — --- --- -- -- --- — -- - — - The Application has been submitted to (check appropriate response): «-j- CD� t_1LtF,9 /:�r C . Town Board Planning Dept. 0 Building Dept.,X Board of Trustees 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital construction,planning activity,agency regulation, land transaction) 0 (b) Financial assistance(e.g.grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: WAX&6 X00 RCOF Location of action: 0400 .7®(ficr-- 2S 32EGOe w GO®p /'ss7.•—.—t �L Site acreage: j� Present land use: Present zoning classification: `-gam 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: CCi� &C—5 ;? (b) Mailing address: vC GA's C 7- 4 7 (c) Telephone number: Area Code( ) � ¢?? . OG";-30 (d) Application number, if any: Will the action be directly undertaken, require funding,or approval by a state or federal agency? Yes ❑ No IV 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- please explain) Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No (Not Applicable—please explain) P ) 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 0 Yes E No (Not Applicable—please explain) Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria Yes � No IV(Not Applicable—please explain) Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria 0 Yes 0 No (Not Applicable—please explain) Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. M Yes E No V(Not Applicable—please explain) Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. See Section III—Policies Pages; 34 through 38 for evaluation criteria. ❑ Yes ❑ No V(Not Applicable—please explain) Attach additional sheets if necessary Policy S. 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. EdYes1:1a No II (Not Applicable—please explain) PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. ❑ YeO No (Not Applicable—please explain) Attach additional sheets if necessary WORKING COAST POLICIES ,I Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No (Not Applicable—please explain) Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No [VNot Applicable— please explain Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III—Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No[Not Applicable—please explain Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No VNot Applicable—please explain / 1 1 • •• .• few • I • • • •. RAff. •. I • • w go J� ?• s z��r�'�r•'r >sq+R M ��,'�r,YM '�����h� •�" �""fi�e e'.J 'J7'� ti4lre ,;s.�+i�a,s i.A"'t .. `af Y+'. at �s.F� �i ay^1,1sT"3' yyyt'j"� <,(xµ.'"'. ��a�•}��''"�t,'<3-'Y� _F"''""7�• �9,r�, i ,-, V•9 F �ts�,,,,, �. I 6"s�4L q r+t�'d a -C�`. i �ty'#�"Yi �1s�3 •� � Jti.Y i3+ \'�k"5.�'�'�a +s�Y_. � b� ��•Sr.� ���Y �+, �}T3,.1., ^1�`�i tY�. � `�'' �► � e�" v��• t � t .L ai �^t i 3�'A �"K'tr.+j,,,� cx.� +: y'nti„ •g. fi��'J"�i;t'�^� .)...,.e,.t�. a `•' ,..y�•.:a +.2�.A"r��.��.cr'�!�-�&�� �T}'`�F's=� �_�k�' ��'a 1. '' �• �, � ;�: �,`� �• ���-.. ''r '; • •••• - 6 1 •. - • •- • .• 1 • . .• 10/15/2020 Gmad-ZBA APPLICATION-SZARKA#17 a i l Frank Uellendahl <frank.uellendahl@gmail.com> ZEA APPLICATION - SZARKA #17 1 message Frank Uellendahl <frank.uellendahl@gmail.com> Thu, Oct 15, 2020 at 11:37 AM To* Frank Uellendahl <frank.uellendahl@gmail.com> _ - � .t. _ ,t y''�J.?' t - •tit:•�`��,+,.=xt'�.-;a ,"��.y:ff _ .. ',�:,.o � :e. -,:<?.�;�„f - .r• . .l'a a'„ ����` ,L .•A-'.L•'�'L :•�, tis'+ ~�}r; - '�`= a �•i��� •� ,fir "�t,r �'�'�• 4' - ,,•`L•i �' to ;� t,•' (� t i =----- -- — -- PHOTO #2, SW DIRECTION - ®ATE: 10.15.20 https//mail.google.com/mail/u/0?ik=7d673c7175&view=pt&search=all&permthid=thread-a%3Ar6971942534451835777&simpl=msg-a%3Ar697359501.. 1/1 i 10/15/2020 Gmad-ZBA APPLICATION-SZARKA#17 MGmail Frank Uellendahl <rank.uel1endah1@qmafl.corn> ZEA APPLICATION - SZARKA #17 1 message Frank Uellendahl <frank.uellendahl@gmail.com> Thu, Oct 15,2020 at 11:43 AM To: Frank Uellendahl <fra n k.uellendahl @g mail.com> pet AUff 7a PU x'VIe4 zz k ii�5 No qww"p �ow PHOTO #3, WEST DIRECTION - DATE: 10.15.20 hUps-flmad.google com/mail/u/O?ik=7d673c7l75&view=pt&search=all&permthid=thread-a%3Ar7989536498716682308&simpl=msg-a%3Ar798457904 1/1 10/15/2020 Gmail-ZBA APPLICATION-SZARKA#17 MGmail Frank Uellendahl <rank.ue11endah1@gmai1.com> ZBA APPLICATION - SZARKA #17 1 message Frank Uellendahl <frank.uellendahl@gmail.com> Thu, Oct 15, 2020 at 11:46 AM To: Frank Uellendahl <frank.ue11endah1@gmaH.com> Jx� 71 jt T t PHOTO #4, NE DIRECTION - DATE: 10.15.20 https//mail google com/mail/u/O?ik=7d673c7l75&view=pt&search=all&permthid=thread-a%3Ar2O83025284749125837&simpl=msg-a%3Ar2O9l28770. 1/1 SC 1 M #e, 1 a tJ °rte° /•Vt VL L. l• 1 TOWN OF SOUTH&D OROPERTY RECORD CARD OWNER STREET (o 5 q o VILLAGE DIST. T layO l m 6re.cz.\/ S ,n,-e5 Moo'n Koa� &,reenorJr 1b - 1 ACR. � �, �� REMARKS TYPE OF ®LD. Cb I Dg's PROP. GLASS 1 l LAND JIMP. TOTAL DATE 1 D 7 �Q � 3� �� �• C$ f�e_v QZ Ibob q bj .2003 #3 &. - ' S � G � i, i � �o/rte-,G 3p3�y /�c - ' > .�, t 10-44- t i 5-- r` -- ' 1-03f 7 " - i/f� qc)3 FRONTAGE ON WATER HOUSE/LOT mb - 3lo-#z gozlo — re �,� � t0 4b �1 �`:•� -Auk/0 �-- - - BULKHEAD TOTAL . .sem-_-^�,�.cs--;-�-..�.—.,.; _ ;�-•t--•-4:. 1 _ .—� � N:<< �. a p. {no.n •m 4 tl .314�iWi�r'A?rvie"""n'+"^�=•1� .�1'T� �' .�S'..�!S .,��„•- �iF����, �15't ,�'�'P�}1ut+i�T1�Y.e�fFaah��i!:C1RIRr'4�9d�frp�°'01 +��im T4 CARD QWNER•, STREET ' S VILLAGE DIST. SUB. LOT �( 4f�)yz� FORMFOR1vlER OW�IEI N E f'G.,,c� - ����r�rf , r �--� ACR. �• � Cid I P vel .� S � ' W TYPE OF BU RES. SEAS. VL. FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS n _ v � ..�``V I 5 5 100 Ce 5 r ►3, 4 5 5� - -- I f `- ::,,s� J Q,14 9 1- -,A 5, 1 r rC- 7 9�- L11 473889 53 . -5 -12 . 6 OWNER: SHORES INC BREEZY NUMBER# DATE TYPE CO # USE/DESCRIPTION 23440 5/15/96 PERMIT REPAIR COTTAGE #25 23441 5/15/96 PERMIT REPAIR COTTAGE - #7 23442 5/15/96 PERMIT REPAIR COTTAGE #25 23443 5/15/96 PERMIT REPAIR CTG #12 Tillable T - Woodland 23444 5/15/96 PERMIT REPAIR COTTAGE #4 23623 8/08/96 PERMIT REPAIR EXISTING SEASONAL COTS Meadowland House Plot , BULKHEADS' ' 5. -Tota I , '''� ;;• �:� :•i,�:;; �°; .� `, . ' .,. . ����:r. r;;.,. :'Ri''•' _ _ � .. .r --0:a, r.aty j • • •f xn,: •''nrt-h�,'? i -�t��� .,. �T. .,.�y.•..•�wa�r�w.m +o +wvuJr.e�]ay� t '�nitar��Af�+x�+3"'o'N�^•�`YJW19 Rn'RR'DAtRi1Cs.W,�1'FRt'A•✓.1111!•s:K:l'+VM�7•lVhtS�7KMiMlglfgl'IWSNNMWIDWIE�Fi Sa/DY,.F11fll+tl"1[TM'19•.., ,,. TOWN OU HOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB. LOT ACR. "��� Ir `� REMARKS! e TYPE OF BLD. PROP. CLASS l� ZVI' �5")) `Yl 7 �' - 1 /� �} z 5 SS- ��r, e?.�� 6 6-:qvzgibof LAND - IMP.6r TOTAL DATE ) '_` ^ ��� / 3a�— ���� V)o/K.S 0oGIshe ---•------- _._ .- �-��::._ r �'� � � �� � ��q71.2q. .-2.717_aJ�a��.�, r-go6mill I 411-P Al,1, �--_ Ale,- co�' l(n :, �1181c P-,Pd::.. ,1 �P X9707 re'a" P P; a�raa t15 P� X9708- !'c f2laces L�P-#-_2 2 I 1 -- 8P c37o P 44-- aC� 10 f e . laces B I'' *- a 8 P-44 31� �a c�e.Zre FtL i r ?g> c.• • 311� c- I S -- --- josf.t q � � B`P'� 23 Sd0� DEPTH 5 glog g�► 3gkpocl S�pYe- cG J� MEADOWLAND ----- BULKHEAD 011P 08�rJ 3 I ,GZS L-D-i1'� t, Q 1. . T k cot-tole If r! la l o?' ge-# 3LI l z _t c c e lcc'#y- SCTPJ( #k ����,Xr -- D- YLD I CRL7 e- /D60 '- /p 60 -- 5 - 5— );2 , -!"oWN of S®ll�"E� PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB. LOT I reg �4-,t7t��'. Cry 11lr.cs'17�/ 1h"�C Mal'n Ko ad -reenw+ lb r ACR. Cy REMARKS C' 5 e.e TYPE:OF BLD. 1 710 � 3 .3 P b �� 5 e. �.,� �•� c, ��( UY� PROP. CLASS r SnULi rg e Ll, -7 bi 109 50 3H.VS o I' e i t r-c MC) LAND ` IMP. TOTAL DATE D 7 11b �' 35�2q In al )l-� CG C��v FRONTAGE ON WATER HOUSE/LOT BULKHEAD r TOTAL '~ tl .1 �p' I,,�F',9F,..•.1 Y .l �if�ai: 'a J m ,'YI �, w �� Y OWNER .oii,�fl $,f '�"1� '�Sl"REEI'," , b, t 1 " eLV � }+ �'I 1 j + I f f }A' �{�` 1,►��� F�I�i r' ��Jt !Q9'`t ' i '�v+' t �¢ iy}���`l '9 � {�� � n4•'.��1� i, rr + 1.•`�.y C�;'�, Iq .. �:1 I '`i' f�� .S �,:1!• 'f''� ,( `•� ` .If �r f/ ",��`1.1�1�'"•Q• IS ' � �IStY+ +"� 14• Y L �`.,' •��I ,Iel + /!1• .li, Iq�.( l�rtn�{� 5 v + IJV / :I: •'I h:' ,•1 r r' , FORMER OWNER c ` Y' ACR. NJl'1l C.� I S � Wy}.� TYPE OF BUILDING RES. SEAS. VL. FARM COMM. CB. MISC. Mktg Value LAND IMP, TOTAL DATE REMARKS �� i M ;y, .• r• i , ,y } + 4.=tI e.•+.•:�'` if,'� i l•�.!�II C.�r•f. � r. i� ,�..f/ �,�,( f��C 1 � ��/ ' rT-- 1 S g S'a Cl , -7 CJ Ad r I/1 ii 1 `' 26 n r n AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE e e.-7' FARM Acre Value Per Value ! C Acre 47-' C,0 J7 G C G o a. f (� -illable 1 -- - - - — illable 2 1 63 2G•_C S Z Ad P C1 r I illable 3 r�� c► , o n /oodland - �, `, NOMPInnd FRONTAGE ON WATER 7o � �f C rushland FRONTAGE ON ROAD ouse Plot DEPTH i BULKHEAD 3h c ie-t r'l o sr-0 o, / S�, c b -1 . sn 1, /G) , L y � yid �tal DOCK 0 P. COLOR I J. r.E7 TRIM — — — — -- roi 7 - 1—i--- ' 3 �i rL -, r f r 7 ---- -- — -- - M. B(d Foundation ��' ", Bath / Dinette r (n r til ��Lz -- c`) i s I c K — w 4 - a Extension) ,fir � j �r Basement J) P.5'S Floors - I' O1 K — / a S ExtL �� 4 1 v.enSlch"` _ �f ' Ext. Walls C Interior Finish c� c "y�"' LR. Extension %� s, 1 ,� ,� 1• Fire Place 0 Heat DR. — Type Roof Rooms 1st Floor BR. Porch � _ LI Y ✓ r;, �� A_.e r y J�ecr-eation Roo Rooms 2nd FloorFIN. B. Porch i� - "' Dormer Y 2( Breezeway !L! A ! = < < y _5 �/ • r,.,, ��, 1 Driveway Garage /12 Pat101' ��/ n a. v / •Z `r`c� v _ 0. B. 3 Total owl i 'a TRIM M. Bldg. Extiuisior: A S VV o Extension _ Extension 3 (� i �'®' •, :` Y' Foundatlo�s - X'i 3v J; . $r IC' Both `' . Dinette Porch• : v •1 : `�� ' a b csernent �i. Floors : ,� '. K. Porch ' . t r, IF. , C ;' ' 1 iF K:• ' 70� . ll�l®its j o �.vs Irrtertor Finish a , J c - .I LR. Breezeway - Fire Place beat DR. GarageAe Rcbf Rooms i st Floor 7 13R. Patio Recreation Room Rooms 2nd Floor FIN. B Oz B. ... Dormer Driveway Total .k*�,,.,y :4� � �•�o.'�:' ,-:)�o�8ti v. •ti4 �L ..F•�.do• y)�f R,,e°�•s�i.�•'°�:ti•'i �d + .Y.° "x�•c.,�rS •+:•�,•,,-,..�: �,y':`-�.. , -";�"�•"a�t. � .�d'i ,Ah® .ta ^ek',� '•' < �- c``��'"�L t:� ..i"�- rL'.'H^��E':ci7�• `t':t , J���-A:• y4.i^�^�` "+mil ,:�wtiEra.• � \;,s i �• � .t. �+ ,�. MENEM MEN .•,,_ i,,,5„0 ,,,��,. • � �,., ..F C■■tee®�®��®®�,■ �■ENNEN■MMOEN no MEN ani■■�/J■■■■■■■11Mu■■MEMO ■■■■■ ■■■■:®■!■��®!■�i1®■■■■■■■■■ No r r til y- • f^,' ! ' CMEN■■■■■M■l■■■■■■INNER00000■ OEM �R■®■■B■®®SI . .a ■■■®■■■■■tee®■a■ ■■�■ I MENEMMEM10.1 SEEM on 0 ■®®w .131"A■■.ice■■®■■E■■sIMMISHURNRESIMMSE NONE NONE ®■■■■■■ 4 ® ■ ■■■■s■® �■■��c��■■WI.�■■■wee ■■■ 01 M mum ■ ®■■■®i1■■■■■■ ©R'/.,i/ �'�1■�iiiri�No • ■®■■■®■i■■f0■■■�d�=■■■®■�■rrn■ Foundation r Rooms 2nd Floor - 1 - 1 yfAii C ,1. d ria ;�:I�:.rN/ ME ■ Mdrr�rr�,rr � ■��r r ���lr■ rrr � r 00IS ■>>� r rrr�r���l�r�r�rr �rp�ii� a ������ �c���►►x�xrr���rl�rrre���l��rr�rr t Cis"■ ON rter■®rrr�a�rr�or■ rrr�r ME ^� _ ' . ��®rte®dIOQiBi1/iZ t41��`e'1®®■ ®a�l�rr ���orrr� • ■sem®�err�sRoom ®o��rrrl� ora�s���errrr��e�r�r®®���ror�ry r • , Ty�et Roof Rooms 2nd Floor s s NEON■■MEN■■■■■■■■■■■ SOONNOR ■■ L 1 "No MINN ARM f Y A so's , Nrr■■ llIt_li■O�IONONE■ho ■fii ■ii�ii ■ �:_ ■■■■11ME No No �llyi�l�i�■��N■■©'I■■[Gli■■ ■�1 No +!NIIIN■■i■■■■■■■■■■NONE E■■■■■■■ :r - ■■®■■■■■■©■■■■■■■■ ■OE■■■ ■■■■ MINI■■■■N■■■■■■■■■■■NO■■N■■O■■■ C■NONE NN■■N■■NNN■SOME w1!■■ ■ NEON NONE M 0 Imo■■■■■■■NNNUMN 0MEN NNEWRIMN �Np ■ONO■■■■■■ONONN■MENNO�OE■E • %N■■■■■■EO■SON■EN■EN■■EE�EEOO r Fire Place reation Room .f tt / y'L Y .h t - MEN■�■■NEON■■■■■■■■■■■OMEN ■■■ ff 1 S i+ ■■■■ ■■■■■■N■■■■Nli■E■■NN■■■■■ rNEON NNE ON n WIN M1 s itsDOE SPUR A L �':'` ire, ut ..,., r Y ) c t. , ' :■■���, ,€ t A f - i :� ■�w��'■ri�i■���//Ji�i�R!!■!���11 Y�ill����i���■■h���Y stn tin J __ t i r7 t f `.r2�^ + TI' ' ■`■■';�.�:�NN■■lLI ��■+■ �� � ��"�O W' EUMMEEM N ■■ ■■NEENNN■■■■NEN■■■■■■■■■■ NE ENNIS M on.■. ■■NN■.■■NONE...■■. %P I�IN ■■■■■■■■■■r/7lI�L� /�N�iN•'/i.�■■■■ IMINNIMMUMMENEW NNN■■Extension .0 21 ■■■■■NNNN NONE ndation- r i z,, e C17-�✓' �o�•b r i COLOR TRIM r Z� H r _ _ I 4T:F r w f r :' ,• �i �.. 9 1 ------------------ i • I r I w M. Bldg.42& I> � at;�►� Fxtensionj ExtensionFEE A, � _ y8 Extension1p a t1y a 3 s vci K : G s° .?Cv ea ✓ i �a y to '� - / 1. ,�/?p undation � 5 C,6, Bath - ,� a r Dinette torch ement K. t 3 o� ,a .as Floors Porch O' -2-f, dy,!„ Rey 1 f �1; a r d y . Walls s. „ Interior Finis ' r, �' LR, _ .:,:r Breezeway ���? l ,�f;,� �,r '/ / Place , ;.. �,. Heat DR. Garage / x $ "¢ xv • - e� F. �' s g 'S` ✓' "'A ,, /rf r .Type Roof Rooms Tst Floor BR. Patio P®�cl�, �!/ w d J / f . . c Recreation Room Rooms 2nd Floor FIN. B ; Ot B. `' UTAf_I `r AOL p!� { '4•}«.� .� 1 G t ��. ., oraner Drivewray , Total - ..,_,_ ;'Jj_�!�,•v�r� �. � ,IIIYYY�111... r,I3`:.y"�,`r^.a—.„• 'e^fie �x x.-�^• .?rr—,--_ - .:✓�.,.;•a,� M dQ n . .. e a �' 1 _ "Y '��:'•: .��Tr'y,I� yam' y {•.;g. SS`q I �_� . _ Q••g7:�.'�t�7 .i`. � i•-� i}i. .ysG.}f• J 'C��c.� �� • i • � 1 r r '�.r�'- (�I.•E: t"; ,�iy l..y`_='4�.,•�,]Si.rK ,t.•y..._ _ �•IY•u`-'�J../��,.� I iYW.�.��'�._Jt.;;;'':r:y;".. i � _ .• r �. r i z L .-. ,. .�.._..�„ ,r• w.'"� Gt� `�' 9L.�`'"` W�y�y p�j��py�y �ry{� rt� ` T+•rS�. OWNER STREET VILLAGE DIST. SUB.. LOT I 9 FORMER OWNER N E ACR. M `�, a - s W TYPE OF BUILDING ,ES. SEAS, / VL. V/ FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS 2`f / v V .2 J .� •��� •y� � L7 J ,u//.I ,/ �J `.�q,��.� �Jvf•�r•�r�' l / - T `•7' / V S.1 ' 20-0 ��f!"[� •Q.w.-,.�U aL.L�C.J `� �W. N C.1 4 �"�� .{'-Q a •z ,'i �' ; O C� y'i G� �f av X i ' u'�. z 47 a _ (" Job 3S, 0,00 -2-0 ID Z7 � ✓' �S`� a r 1' 3 � '' � � �' e7' 42.75 �/.• r`'yi ! r r f "�i_:�! j i { "I i [%1 ^. c!' � l '—` � rr�, / �r7i � � � i 661 AGE BUILDING CONDITION .? l / r. I C 1 4 J� Ce� aJ .,Cf YY 1 �A✓ r ^7� �.l !'�(`cC'. +y L'> �J•i••C, � UEW NORMAL BELOW ABOVE �?L �S;h( . I��F.�l • =ARM Acre Value Per Value Bu�iw} 4.Bo ---- Acre I -7 ,� ,.:r� 5 f i I table FRONTAGE ON WATER I 'z�'Lu"'� r _ � i"1•l ' '' 1 �•'�.,;e<rl-�"`�C� u1\rv:i H'1ri11t Irl Yew /oodland FRONTAGE ON ROAD leadowland DEPTH ouse Plot BULKHEAD otal DOCK I-IJ — 'i K, 111100a"T Rnm. I- CV-1 rqT eff jIl gBRtR ZISNN COLOR TRIM dension (tension 4 3 gr ,tension J Foundation Both rch Basement Dinette rch Floors K. ��ezeway --;z Ext. Walls Interior Finish LR. Fire Place Heat rage DR. Type Roof tio Recreation Room Rooms 1st Floor BR. B. Rooms 2nd Floor FIN. B Dor er hal V.-%Qj 5 Cd CL Driveway %q VNER STREET-0 LOT VILLAGE T. DIS I': SUB. utak A PROPOSED ADDITION PROPOSED PORCH DRYWELL 8'x3 RENOVATION & 17 SF ADDITION ® ® ® COT ACE GREENPORT NY 0•S• SHS 17 BREEZY SHORE ARCHRECT FMK UEllf1 X 113 CMM AME POM 316 CF�J&Ofif,W 1194 C-19 92m s31 4n 6624 OWNERS C-14 C-15 C-16 C-17 C-18 a>w lfm NT,1545 TEL 631 47]-3530 KZ)CAMERA LOCATION FOR PHOTO NEW 12 m r_ DWG FOOTPRINT OF COTTAGE 584 SF cn PROPOSED FOOTPRINT C-17 601 SF d 4 INCREASED COVERAGE 2.95% = 17 SF ®-PROPOSED 17 SF ADDITION oLINE OF HAY BALES AND SIEXISTING STRUCTURES ,n LT FENCE ��N RUN-OFF CALCULATION: FOR 2'OF RAIN TO BE CONTAINED ON SITE -- COTTAGE 601 SF:t00X run-off coefficient= 100.2 cu ft . . PROPOSED 8 d deep DRYWELL 126.7 Cu.ft WITH GUTTER LEADERS FOR ROOF RUN-OFF EXISTING BULKHEAD = TIDAL WETLANDS BOUNDARY 3 to /� ����` SCALE: 1/16°=1'-0° avE. o6/17hort PEBBLE BEACH r!, ,m , t SCTMJ = 1000-53-05-12.6 I_;I TOWN OF SOUTHOLD E-; SITE PLAN SUFFOLK COUNTY NEW YORK SHELTER ISDN® S®uN® __ t - _. = SITE P _ A-, -- ` j�`02 �1 ` U 7'-7" 20'-2' ,k ' PROPOSED WDH20410 ADDITION zs BR 1 BR 1 0 ENCLOSED 9ENCLOSED SUNROOM SUNROOM COTTAGE R.00RTT ERL ID GREENPORT NY AISED ALL NEW SUNROOM WINDOWS 11 BREEZY SHORES WOOD PLANKS TO MATCH ARCH G COTTAGE FLOOR RW MiMM 001 123 CgflK AWW 00 I= CR125 U 631-4n U24 KITCHEN j KITCHEN OWNERS _ I aus a ma Rm I^ GLENHEPD,W 11515 _ TEL 031-4n-3530 o C I N O 1'7 N WALL TO BE REMOVED O F C� � U E, Ell t CN135 _ 021 - M o 4'-7" 3'-0" 12'-7" BR 2 17 SF ADDITION BR 2 gin 10/I2/mo fig SGVE 1/4'=P-0' FLOOR PLANS SHED OUTDOOR SHOWER SHED OUTDOOR SHOWER EXISTING FLOOR PLAN 584 SF PROPOSED FLOOR PLAN 601 SF o� LlPROPOSED ADDITION 0 ® COTTAGE R ------------- 17BREEEZYR SHORES ------------- ■ ❑ ❑ ARCH M ■ 123 COW AVM POB❑❑ MIMI 4f 11644 Ll Ll TEL 63 1-477 8624 ----- --------------- OWNERS 61aa 5mau 25 5 CAME Cr �^ IAD,Nf 11545 1—an—asap EXISTING EAST ELEVATION EXISTING FRONT ELEVATION �R1r� r�C ASPHALT SHINGLES TO MATCH EXT G m _ HARDIE BOARD SIDIN 2x8 R.R. 0 16' O.C. . . . . ❑ ❑ d ❑ ®FFR E : y --- HARDIE BOARD SIDING AROUND PORCH pip r --—————— oN i i i i i i HARDIE BOARD SIDING, white i i i i ;� WE 10/12/2020 11 CEDAR LATTICE AROUND BATHROOM ADDITION1 1 2 '"6 '' ON NEW BEAM 6'-3' 6--3' 6'-3' 6i C C NORTH & EAST —A— 1 E� ELEVATIONS PROPOSED EAST ELEVATION PROPOSED FRONT ELEVATIONg " SCALE 3/16' = V-0' SCALE: 3/16° = 1'-O' A-3 15 of 4 PROPOSED ADDITION 0 ® COTTAGE RBEEEZYR 17SHORES ® ❑ . ❑® swot wT 173 CEN1WVl ME RUN 316 8f8ENW,W 11944 TEL,631-477 8624 --------------- ------ -------- OWNERS 5 CAM Cr 'l1,Ni 11545 EXISTING SOUTH ELEVATION EXISTING WEST ELEVATION '` Ta 631-4n-3538 ASPHALT SHINGLES TO MATCH EXISTING C145 CASEMENT DUTCH LAP CEDAR SIDING f TO MATCH EXISTING EXT'G WINDOW RAISE PORCH ROOF i 021 -17 �. F aT1as HE r aV DATE 18/12/20 PROPOSED SOUTH ELEVATION PROPOSED WEST ELEVATION (REMAINS UNCHANGED) 9Ckf: Me_1•-0• SCALE 3/16' = 1'-0° SCALE 3/16° = 1'-0° SOUTH & WESTELEVATIONS i jBNB.WE 5 M.NOA-4 O:0 1 PROPOSED PARTIAL PORCH RECONSTRUCTION � ADDITION ASPHALT SHINGLES TO MATCH EXISTING ® 1/2" CDX PLYWOOD SHEATHING 2x8 ROOF RAFTERS ® 16 O.C. -----_ _-----_ HURRICANE CUPS EACH RAFTER TO 2X4 WALL STUD 0 ------------- ALL NEW SUNROOM WINDOWS FT-1-1 MAGE . . . n ersEm RsHo RAISED PORCH ROOF 4" 1p ARCH E E E: EXT'G ROOF TO BE REMOVED ��%' �,„K MIMA ATTIC 123 cexpK AME 316 ,in11 m--------------- ------ _ a -------- ❑ . ® OWNERS atmos s cm cr U w�i a-h115* EXISTING SOUTH ELEVATION NEW 2x8 F.J. TO BE SISTERD TO EXT'G 2X4 FLOOR SYSTEM r v C145 CASEMENT HARDIE BOARD SIDING 3.5" X 9.5" TRT'D PSL BEAM 1, PB 44 STANDOFF BEAM BASE t. o EX'G CMU FOUNDATION 1 8" DIA. POURED CONC. FOOTING ;�ti.2•��'il , , BIGFOOT SYSTEMS: CROSS SECTION ® u . FOOTING FORM B,f20, TYP. SCALE: 1/4' N (OR: 20"x20"x12 FOOTING) M EXISTING REPLAC D WITH CODE COMPLIANTOCONCRETE FOOTINGS MU BLOCKS) UST PILINGS AND TO E FOUNDATION NOTES STRENGTH = 3000 PSI AT 28 DAY ASTM C-94 j 2M 10�'��2020 sc READY MIX CONCRETE. CR INI ALL FOOTINGS, FOUNDATIONS, ETC SHALL REST ON EXT'CROSS SECTION UNDISTURBED SOIL i 9 E PRO SOUTH PROPOSED SOUTH ELEVATION ALL FOOTINGS AND FOUNDATIONS SHALL BE FORMED. ELEVATION ON SCALE 1/4' = 1'-0' A-5 oE9 w=0 400 Gatr�mdsr Avaw,RWrrbad,RM Yak 0401;; L ®r N bl.691.T21Sa=fax.gSOMDW ® 'OO.IUMM CP'M ——_ Hvrm lid Mtl Yang Lam Suvxsyx YlATBtVALVET ` ' —.�, N. E.Adana R'elswlc+wl E . AMW DO K ® r �'tr _ Iaotvrt 0tt .Tc"A f "t PLO ptD "s .WOOD OTC"Aag ca .CaLLAA now no -ROM OVM s Nwa �REVAM x as .ICUSCIP Dj M"AT10H / / / \ .r¢rtwem®Puc 4 OU4MM / //�'/ // / �\ PAT=��ALWGE RATE'11AP PM81t0.7.-- SURVerORS VN;VIW4.DATM COMPILATION �/ �S� '/ �� \ � ' // // .tee.° .i.r` �� •�\, cv 17 IIW4A'W 7L Y0lOt9.NY3 LS H0.48BrO '•rs� •/ \ • 9r •r r riF': T7 9 � COTTAGE 17'EFJMZY 5FOREW oN r.r X ———— atTore)or 5adhold •'r.r,r r \ WfoI Gev>>ty,Now York } TAT HOLES GOunty TOx M P m w 1000 s.n.98 a 03 P/O 1216 - - ' ~FgWAf® -- "-- —shrk DSG•11-2019 jr�� Pacord OF Rswtons --- 04I2wm o4n»ro �+ — Ri�cOim a•IRvploOm DATE M 0AENOM OC a 9A a& LOAN ow 2v ID SOUAb a a euro j aa' e5W 2.W g .P CAK.ULV -C—DAM Y __ BO O L9 p0 a0 ft�I 1�1 �c..P.070•�'. �' T9 6-W xa.er 1•.80' JM W.20iD'Ct= O.mmawa wr a-mmawam rmo A.STAKE wr A.9TMC'nov OYpd 3W16 v 136 3W16 v Q C W7O4J 1N34MON•■ 136 1NaiMOH•El 6 d0! dG'66[O'610t�L100–fOL0–OIOL'Ad0 66L0-610L ON Bq' 09 06 sl O co ,OOb=•I '3Td05 tai ddw MUG Y oda %Imv,d dO aso%w wjqglmpel 40 PJOOPS 91LI OM wt 50� M•mr.s 0001 1-0 c6H Jm.L fi n,J AaAS K IIW+ GW 9NIQ9U10 LI 39d1L07 J-J—A MON'F}UIJ07`1044ros ' ` PI044mo5 40 UMOl'a.la Qjq 117 ,53NOHS.12=-Mb6„'LI 39M1100 a s b--IW`dZG N313H 9 YNWYZ5 93-rSb'HO 2104 J.�21fiS ° p•; QOQ4pV Q I U.o�. � sAp46 sl.ssr'OI SI 6'kv"WIOLwt7dvenoN O U �Q Cl V .._.. NOIlbrOld11213'J ra2l0,47A�lIS � 0 G s 6 S r O i�o7140�',japl'O 3+�Pi1 c2; »W6u3 Iaa�No�M-N'curopy'3 m16roQ .uFonry = p�.� 1� [I '� LriloLZl"160'ZL� 1E06LK 169 l07 c 10611 rNeA N.N PCW+WAr 1 "Ay Jap—A-0 OOb I ,wpmt 7 u�m m Uirn i fa oa r�lr�m�T'E�cew�w wE�•cm�ia�ss�"wn l,¢laY�rw/an'mim�iWu�a ceu s�cmm IU s�v,ti Seita uol+�tan uisarlA u��i1 d m��omm r� a x�so=o�ml un�mw,w�i,O�'9p1 r�wm mosso btl ren'w Y�im url�i bm W�ix�i s�b[!WD fro•�Wvo r i�I.Hre u�il a�wu�m�aaw�nR�el(q 09-14-12 / `L� 83 - 9 c TpVVN OF w - a 10-12-12 / .�-d 13.2A(=) 14 a SOU771GLD 10-26-12 , ` y COUNTY OF SUFFOLK 11-09-12 01-28,3 10 -1413 Z `) OF 02-,0-,4 02-2574moo_ tY•`(.�li}I Al//..,j6Jd(4�'.�.+`i kCom_=_nc 404-29-14 `4 • '-`�`�•S� v � ' 25A 3.3 = Sri ,f'D -YOM OF v m , - 133 14 /9 •m, h Gvim` (�' 7 V 4 O s' �- ar I � �m�--r 3 3A Q c: 5 � � TOWN OF ® 3 sounloLD TOWN of SOUiHOLD IAWPNESEWADON �j m +•► — � 14-1 J ^ _ rq TovmOFSOUTHOLo $ —.j d J` �' 44.3,q �%7VY-" {,4 4 PIPES sa•r' 11 'is § s'•.�� It:Z - 53,E •,44• 1�- t \���J y��j�/\� �/"J a�;�' • y4 a �' -9!c' s •a `i i1 ♦A1 "49 7 i &moi �• - � .53 13A=) 5 y - z 1All ,q3 3—a ' �' � A c�� R v � ; ��� �� Z�•1 �. v��(QJ,Q\__ •- ,q a 44-aa '� 1� \m ' ;A•1•r,+< Sy 8 : ' . �7 {� -- 7•-t �\ (roTStiANrJKvO 42 A�1`'yam p rye j 'h rm' ,'¢tea OR ' :B a _j, R �.�► L , �" 5 'Z: J 7_r .! - CONssnraTxwEASUI&+rl — 1 sm„ `roi " a c' $�s� 'aa '�si a ,a ' r j,� •'s,:` L f v.itIlk 1 - `29 4*/g � r3 •76.a a 1 a c Ca�,2pr A � a i3 ,14 -�—•- �' ,� N 'b ♦� d �q _, a9 4 ��i,o av 4s 40� �, qv� � ay � nr ¢�f c'�c a� ♦.0' • L'�® � ,a X02 ��g ��� � ��, � ;4 , ( � �. J• as 'Sx — z '� 12-6 98.0 W -4- fa - - Z: .' - j''•,/' y - t3yt � t'q% ':° "°ao (ss°J as �' S� % `� $ ``1 -• d��#; ,,'�� ''M' 1 48107.65A r d ...z +�, ' .�Ac = �' x 17,2 s W 46.7 GA 1 w 288 46-9 m ` 7.5A46N ' A 01 ryllp O i 8 N237182 _ m Nm182 4� ro '� 4 q�. y � OSf-0'7-038—.3 _ .. y p�P � 3 �f"}•' -� &' • --�'9_� ---J�=�-'— _ a C dr r FOR PCl-NO. Ny c 3 4 96 t e 39.2 e �Mu! 38'3 � it FOR PCL NO. SEE SEC.PEO. f: o R ) 12 2n(ra $ L SEE SEC.NO 0534)64)46.0 >y ¢ , y na ro pp - 7 8 m r 8 I 053-05-0126 38.1 p Il' w 18 V -30 33 S�. t • g s .� :�,,. �a � m � y s G�22 238 a m U 27 g y a n , .s 39.4 e• � a y 42.4 39� �„ e 24 •�s: �y ,$ 34a - E dm.m..®o.s —�— �1 no w a �as 39 3 f- G :-aA• e 8 $� A a sasu..ww ------- 20 79 u m N q ro BAC •a 77- 16.3" 428 �p,�' a F R na ,4 • a f / ��f a aQA(c) a r m <y v 21 - ua (S0' ap 24 ,•` ' ��� 9♦ ' �d, 37.1 • 45 2V $ 1m � `ao ON a/ 425 i sy I C)!- ,m o ci { • - Rid ��� �In�- �v�S�- �-�l g . 1