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r. 1� cc,t►.ze, as buy Ito: 1 arl aS�v h 1y s Dip � uas ZU . k Owner: Kaufer, Donya File M 76066 Address: 2500 Grand Ave 1 � Code: 17PA Agent Info Patricia C.,Moore, Esq. 51020 Main Road Southold, NY 11952 Phone: 631-765-4330 Fax: Email: pcmoore@mooreatfys.com BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ����� so Southold 53095 Main Road•P.O.Box 1179. ti O Southold,NY 11971-0959 Patricia Acampora• "Office Location: •:rife. Eric Dantes N: � Town Annex/First Floor, Robert I ehnert,Jr. • .. �Q, 54375 Main Road(at Youngs Avenue) Nicholas P.lanamentolyCO(1 Southold,NY 11971 RECEIVED http://soutlioldtownny.gov � X0:30 ZONING BOARD OF APPEALS. TOWN OF SOUTHOLD M . . 2 4 2022 Tel.(631)765-1809 Fax(631).765-9064 Southold Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION - - 'MEETING OF MARCH 17;2022 - ZBA FILE:No: 7606. NAMII -OF APPLICANT: Donya Kaufer O'Brien PROPERTY LOCATION: 2500 Grand Avenue,Mattituck,NY S'CTM#1'000-107-2-16 SEORA DETERMINATION: The Zoning Board of.Appeals has visited the:piopeYty:tjoder•consideratio'n iri this application,and.determines that this review falls underilhe,Type lI category,of the State's List bf Aciion§,without .futkher.steps i rider M:QRA. BUFFOLK'COUNTY AI)MIl�II'STRATIVE•CODE:'This.gpp'lication'was not'required to be,referred to the Suffolk .`County l0epaitineni of.P&nning under the Suffolk Couniy'Administrative Code Sections,A'1'4-1.4'to 23. LWRP DETERMINATION:The relief, permit,.or interpretation requested in this application is listed under the Minor Actions,exempt list and,is'not subject to review under Chapter 268., PROPERTY FACTS/DESCRIPTION: The subject property is a conforming+/-42;253.2.square footparcel located .• in the Residential R-40 Zoning District. The northerly property Bite measures 317.93 feet, the easterly property line measures 135.00 feet and the southerly property measures 3'19.61 feel and'the'westerly property line measures 133.05 feet and is adjacent to Grand Avenue.. The property is improved with a dne-story. 'single=fain'ily frame. dwelling with-an attached two-car garage and:an attached wood deck in the rear of.the residence.- There is 22.25 feet by 1:6'.25 feet frame shed located east of the residence in the rearyard.,Therei$a'5.loot by 8-foot chicken coop located in the southeast'rear'yard as shown on the survey.map prepared liy Joshua'R:Wicks;LS and dated August 19,2021. BASIS OF APPLICATION: Request for Variance from,Article.IIl, Sections 280-13.(C) an(tRequest to Over the Building Inspector's October 15, 2021 Notice of Disapproval based on an application to legalize an. as-built conversion of an existing accessory garage to an artist studio; 1)the proposed use in,the accessory building is not a ' permitted accessory use; located at 2500 Grand Avenue,Mattituck,NY.SCTM#1000-1.07-2-16. RELIEF REQUESTED: The applicant requests a variance to legalize an as-built conversion of an existing accessoy garage to an artist studio. The as-built construction,on this conforming+/-42,253.2 square foot lot in-the Residential R-40 Zoning District is.not permitted pursuant to Article III,Section 280-13•(C). An artist studio in an accessory building is not a permitted accessory use., The Board has determined in prior decisions that artist Page 2,March 17,2022 #7606,Donya Kaufer O'Brien SCTM No. 1000-107-2-16 studios/workshops are a permitted accessory use in an accessory structure on residential properties with owner occupied principal dwellings as long as the use.is customary and incidental to the principal use and the owner/applicant conform to the conditions and standards described herein ADDITIONAL INFORMATION: A report from the Town Code Enforcement Office dated December 24, 2020 indicated that-the space has an operating wood stove. The applicant was advised that she would:need to obtain a building permit in order to maintain the wood.stove. The applicant was further advised to label the:circuit breaker panel and to install a combination smoke/CO detector.- Wall;plates for various electrical fixtures had been removed forpainting, and the officer was told upon-Completion .of painting they would be reinstalled. The officer also observed two surveillance cameras mounted in the trees on the neighboring property aimed at the applicant's property. On January 6, 2021 superseding.the November inspection,the Assistant Town Attorney issued a notice of violation to the applicant for improvements made on the accessory building that included changing the garage door to a wall with sliding glass doors and window. 'This item was omitted from the initial November violations issued. This item was included in the application before the Building Department and the Zoning Board of Appeals. On-March 24, 2021 tickets were issued to the applicant for not having a Building Permit and or Certificate of Occupancy for the woodstove,conversion of the accessory garage to another use, and installing walls and windows. The Zoning Board of Appeals received one letter of opposition from a neighbor and one letter of support from another neighbor. The objecting neighbor testified that there were frequent deliveries being made to the applicant's residence which he believed were related to the production of her art work, The applicant testified that deliveries Were for personal items,she orders on line,which is how she does most of her shopping.The applicant also said she has filed for a building permit for the use of a space heater/wood burning stove. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on ithis application on March 3, 2022 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. The Board members conducted a site inspection of the subject accessory structure/artist's studio prior to the hearing. There is no cooking or sleeping facilities, bathroom or plumbing in the accessory structure which is,located in a conforming rear yard and cannot be seen from Grand Avenue 2. At the hearing the Board both informed and questioned the applicant about the circumstances,standards and conditions under,which the Board's previous code interpretation determined that an artist's studio is an accessory structure to the owner/applicant's use of a principal dwelling. They applicant testified that she uses the improved accessory garage on the subject pro'perty to produce her art(jewelry),and that she does not and will not use the space as an art gallery for the display and/or sale of art to the public. She further stated that she does not hold demonstrations or classes for the general public or her customers on the premises and that she produces her art work independently and.without employees or assistants on site. The applicant has retail space in Greenport where she sells her artwork and other crafts. The existing foot print of the accessory garage has not and will not be changed and renovations to the building, including replacing windows and doors,and any outstanding code violations will be remedied, and all required permits will be obtained including a Certificate of Occupancy for the personal artists' studio use. The Board concludes that the applicant/owner has provided sufficient information and documentation confirming eligibility for the use of her accessory garage as a personal artist studio and as outlined and described below Page 3,March 17,2022 #7606,Donya Kaufer O'Brien SCTM No. 1000-107-2-16 PRIOR APPLICABLE CODE INTERPRETATION ZBA decision#7454 dated 2/4/21 and ZBA decision#7457 dated 2/4/21 the Board stated that they were making a code interpretation to provide clarity about the accessory use and whether they are allowed. The Board stated, "Since neither a"work-shop"nor an"artist studio"is an allowed accessory use,if it is to be considered an allowed accessory use, the Board would have to conclude that the use is "customary and incidental to the:principal use", which in both matters before the board is a single -family residence. The Board concluded that under certain conditions, both proposed used should be considered customary and incidental to a single-family residence and therefore,allowed accessory uses-in accessory'structures. 1. Section 280-17(C)of the Town Code provides allowed accessory uses in the R-40 residential zoning district include those accessories uses allowed in §.280-13'C of the Agricultural-Conservation District'. . accessory uses allowed in §280-13D of the A-C,R-80,R-120;R-200 and R-40.0 Districts,and Direct marketing of aquaculture or mariculture products. Section 280-13C states that the following accessory uses are permitted: (1)Any customary structures or uses which are customarily incidental to the principal use, except those expressly prohibited. (2) Home occupation, including home professional office and home business office. (3) Boat docking facilities for the docking,mooring or accommodation of noncommercial boats (4) Garden house,tool,house, storage building,playhouse,wading pool, swimming pool or tennis court incidental to the residential use of the premises and not operated for gain (5) Private.garages;provided,however,that not more than two passenger automobile spaces in such garages may be leased to persons,not resident on the premises. (6) Off-street parking spaces accessory to uses on the premises.Not more than four off-street parking spaces shall be permitted within the minimum front yard. (7) The storage of either a boat or travel trailer owned and used by the owner or occupant of the premises on which such boat or travel trailer is stored,for his personal use (8) Horses and domestic animals other than household pets, provided that such animals shall not be housed within 40 feet of any lot line.Housing for flocks of more than 25 fowl shall not be constructed within 50 feet of any line. (9) Yard sales, attic sales, garage sales, auction sales or similar types of sales of personal property owned by the occupant of the premises and located thereon, (10) Wineries may have an accessory gift shop on the premises which may sell items accessory to wine (11) Child care (12) Use of aircraft in agricultural operations r Page 4,March 17,2022 #7606,Donya Kaufer O'Brien ,. SCTM No. 1000-107-2-16 (13) Processing of agricultural products, and; Section 280-13(D) of the.Town code provides for rental permits for accessory apartments. 2. Nothing in Section 280-17, Section 280-13(C) or section 280-13(d) specifically allows or prohibits a workshop or artist studio as an accessory use, or as an accessary use in an accessory structure. In contrast,by way of example,280713(c)provides that home occupations are an allowed accessory use but specifically states that the activity must take place in the main_building and therefore cannot take place in an accessory structure. 3. Since neither a"workshop"nor an"artist studio"is listed as an allowed accessory use, if it is to be considered an allowed accessory use,the Board would have to conclude that the use is"customary and incidental to the principal use,"which in both matters before the Board is a single-family residence.. As set forth below,the Board has concluded that under certain conditions,,both proposed uses should be considered customary and incidental to a single-family residence and therefore, allowed accessory uses in accessory structures. 4. The-Board finds that prior decisions by the Board of Appeals and Code Enforcement Officials issuing Notices of Disapproval about the establishment of workshops/artist studios in accessory structures on residential lots,have not been consistent.Prior.Boards often used variance relief standards to grant such approvals and in effect,were rendering a de facto code interpretation. Section 280-4(B)Definitions of the Town Code does not define the terms workshop, studio, or artist's studio as a permitted use in an accessory structure.Section 280-4(B)states that"any word or term not rioted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged;"According to Webster's, a workshop`is defined as "a room,group of rooms,or building in which work, especially mechanical Work, is carried on."Webster's defines a studio as"the workroom or atelier.of an artist, as a painter or sculptor." 5. Based on prior decisions,the Board further finds that it has historically understood the terms"artist's studio and artist's workshop"or simply"workshop"to be interchangeable, in that,the use is.essentially the same, i.e.,the engagement in a home hobby or occupation solely for the personal enjoyment of the owner/applicant; and involving no viewing by or sales to the general public on the subject property. 6. Based on the sheer number of times that this issue has appeared before the Board; it would appear that this type of artist studio or workshop is a customary use to.a.single-family residence. Moreover,there seems to be no question that these proposed accessory uses would be considered allowed accessory uses if the proposed activity took place in the main building where the principal use takes place. With regard to these uses the Board sees no difference as to whether they take place in the main/principle dwelling or in an accessory structure. 7. The Board, however, has also determined that key.to these uses being allowed uses is not only that they are customary to the principal use, but also that they are incidental to the principal use. In both of the cases before this Board, in order for these uses to be considered incidental,they must maintain a personal and/or hobby aspect to them and not become a more commercial type of use. To that end,the Board has determined that the followine elements/conditions led to the determination that these uses are customary and incidental to the principal use: Page 5,March 17,2022 #7606,Donya Kaufer O'Brien SCTM No. 1000-107-2-16 SUBJECT TO THE FOLLOWING CONDITIONS FOR ARTIST STUDIO AND WORK SHOP USES: 1. Such use is incidental to the principal residential use on the premises. 2. The artist's studio/workshop in an accessory structure is not rented to or used by anyone other than the property owner of the principal dwelling. 3. No individual or group instructions, classes or demonstrations related to the production/fabrication of crafts/art works in the studio/workshop may take place on the property. 4. The property owner may not employ or engage unpaid assistance by any other persons(s) in relation to the production/fabrication of art/crafts in the accessory structure, 5. There is no exterior effect at the property line such as noise;traffic, odor, dust, smoke, gas, fumes or radiation. 6. No display of products/art work/crafts etc. is visible to the street. 7. No sales to the public are permitted on the subject property. 8. Plumbing in the accessory structure is limited to a half bath(toilet and sink) and a utility sink 9. Activities in the artist's studio/workshop in the accessory structure are limited to the production of crafts and works of art such as painting, sculpture, photography, ceramics,weaving/textiles, glass art(but not glass blowing), and personal woodworking/carpentry and auto mechanics on vehicles belonging only to the property owner. 10. No sleeping or cooking is permitted in the accessory structure. 11. An accessory structure used as an artist's studio/workshop may only contain that one use in addition to non-habitable(unfinished, open rafters and stud walls)storage of general household items, garden tools and/or vehicles. 12. An accessory apartment in the accessory structure.is not permitted unless the artist's.studio/workshop use is removed and a special exception permit is obtained from the Zoning Board of Appeals. 13. The following uses are not,by this determination, considered to be permitted uses in an artist's studio/workshop in an accessory structure, as defined herein and are prohibited: workout/fitness activities, . recreational activities, and home offices(as defined in the Town Code). RESOLUTION OF THE BOARD: In considering all of the above factors, motion was offered by Member Acampora seconded by Member Dantes, and duly carried, to OVERTURN the Building Inspector's October 15 2021 Notice of Disapproval. APPROVE the artist's studio as a permitted accessory use in an accessory structure on the subject residential parcel as long as it conforms to the conditions as outlined above, and shown on Site Plan, Floor Plan and Elevations prepared by John J. Condon,LPE,dated July 10,2021. SUBJECT TO THE FOLLOWING CONDITIONS: 1. The applicant must apply to the Building Department for a building permit for the"as built" improvement(s)within 90 days of the date of this decision and submit same to the Office of the Zoning Board of Appeals, or submit a written request for an extension to the Board of Appeals setting forth the reason(s)why the applicant was unable to obtain a building permit in the time allotted. 2. The applicant must obtain a Certificate of Occupancy from the Building Department for the"as built" improvement(s)and submit same to the Office of the Zoning Board of Appeals within 12 months of this decision or submit a written request for an extension to the Board of Appeals setting forth the reason(s) why the applicant was unable to obtain a Certificate of occupancy in the time allotted. Page 6,March 17,2022 #7606,Donya Kaufer O'Brien SCTM No. 1000-107-2-16 3. The applicant shall remedy any and all outstanding code violations and submit copies of proof of same to the Office of the Board of Appeals within 12 months from the date of this decision;or submit a written request for an extension.to the Board of Appeals setting forth the reason(s)why the applicant was unable to obtain the required documents/permits. This approval shall not be.deemed effective until the required conditions have been met.At thediscretion of the Board ofAppeals,failure to comply with the above conditions may render this decision null and void That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued The Board reserves the right to substitute a similar design that is de mimm' is in nature.for an alteration that does not increase the degree of nonconformity. Any deviation from the survey, site plan_andlor,architectural drawings cited in this decision will result in delays andlor: a possible denial by the.Building Department of a building permit, and may require anew 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 andlor 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. IMPORTANT TIME'LIMI-TS.ONXHIS APPROVAL 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,.arid/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. IT IS THE PROPERTY OWNER'S.RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN. Failure to comply in a timely manner may result in the denial by the Building Department of a Certificate of Occupancy, nullify the approved variance relief, and require a new variance application with public hearing before the Board of Appeals Vote of the Board: Ayes: Members Weisman (Chairperson) Dantes, Acampora, Plainamento and Lehnert. This Resolution was duly adopted (5-0). Leslie Ka es Weisman, Chairperson Approved for filing /�� /2022 BOARD MEMBERS v Southold Town Hall Leslie Kanes Weisman, Chairperson ®F S®U��v 53095 Main Road•P.O. Box 1179 Patricia Acampora h®� ®�® Southold,NY 11971-0959 Eric Dantes Office Location: Robert Lehnert,Jr. Town Annex/First Floor Nicholas Planamento ® �® 54375 Main Road(at Youngs Avenue) N% Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD March 21, 2023 Tel. (631) 765-1809 Patricia C. Moore Attorney at Law 51020 Main Road Southold, NY 11971 RE: Request for an Extension Appeal No. 7606, Donya Kofer 2500 Grand Avenue, Mattituck SCTM No. 1000-107-2-16 Dear Mrs. Moore; We received your email correspondence dated March 15, 2023, requesting an extension to comply with the Zoning Board of Appeal's Condition#2 relating to "As Built" improvements described in the March 17, 2022 decision which reads a follows: The applicant must obtain a Certificate of Occupancy from the Building Department for the "as built" improvement(s)and submit same to the Office of the Zoning Board of Appeals within twelve(12)months of this decision or submit a written request for an extension to the Board of Appeals setting forth the reason(s)why the applicant was unable to obtain a Certificate of occupancy in the time allotted. In your letter you explain that you have filed for the required electrical and building inspections in order to close out the building permits, having previously received initial inspections. During the March 15, 2023 Special Meeting, the Zoning Board of Appeals granted your request for a six (6) month extension to expire on September 16, 2023. This extension is the last and final extension. Please feel free to contact our office, if you have any further questions or concerns. Si eslie Kanes Weis an Chairperson cc: Building Department z PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 March 15, 2023 Via email Southold Town Zoning Board of Appeals Town Hall Annex, 54375 Main Road, Southold, NY 11971 Re: Appeal# 7606; Donya Kofer Premises: 2500 Grand Avenue, Mattituck NY 11952 Dear Chairman and Board members: With reference to the above decision dated March 17, 2023, please let this serve as a request for an extension of time to complete the conditions listed thereon. We filed the required building permits and electrical permits and have been working with the building department to close out the permits, having had initial inspections. As soon as we are able to meet with the Connie at the building department and show the building inspector and the electrical inspector the photographic proof of the required items, we won't know if additional inspections are required. Thank you for your anticipated cooperation in this matter. Very truly,Y9u1�`s, ��atri'ccia C. Moore PCM/bp C: Town Attorney r REVISIONS: DESIGN CRITERIA: LIVE LOAD DEAD LOAD WINDOW REPLACEMENT GROUND SNOW LOAD 25 PSF. 15 PSF. LIVING AREAS AND DECKS 40 PSF. 15 PSF. SLEEPING AREA PSF. 15 PSF. 2500 GRAND AVE , MATTITUCK, N Y 11952 ATT ISPEED 1414C 20 PSF 0MPH. 15 PSF. WIND SEISMIC DESIGN CATEGORY B WEATHERING SEVERE FROST LINE DEPTH 36" TERMITE MOD.-HVY. DECAY SLIGHT ICE SHEILD REQ. YES Lu f M / � NORTH z W > u) a z NOV 10 2021 �� w Z Y / � 0 �r EXISTING 1 STORY ,/ Z / FRAME GARAGE / (AREA OF WORK) ! O INAL MAP Lo INAL MAF� FR V,,p D ,> N / SME U SON , %OO / EXISTING 2 STORY f FRAME HOUSE n 17 / © DIN It ML RV 7 f Cc C 051 w w f SI®N���C. o U) 7 .a G c � f GENERAL NOTES: U Co 1.ALL WORK MATERIAL AND EQUIPMENT SHALL BE IN PROJECT: 2021-XXX ACCORDANCE WITH THE NEW YORK STATE UNIFORM �� BUILDING CODE,AND THE NEW YORK STATE ENERGY CONSERVATION CODE,AND LOCAL AUTHORITIES. OWNER: O'BRIEN 2.NO STRUCTURAL WORK TO BE DONE,EXISTING DOOR HEADER TO REMAIN AS HEADER FOR NEW DATE: JUL. 10, 2021 j WINDOWS. SCALE: NTS PROPERTY LOCATED AT: SHEET NO: 2500 GRAND AVENUE, MATTITUCK, NY 11952 TOWN OF SOUTHOLD 417.00'Z COUNTY OF SUFFOLK,STATE OF NEW YORK SITE PLAN DISTRICT: 1000 SECTION: 107 BLOCK:2 LOT: 16 5UPVEY of PPOPEPTY JOSHUA R. WICKS P . L. S . 5/mll� SURVEYED BY:J.R.W. DRAWN BY:D.T.O. JOB NO.:JRW21-0295 MAMILCK, TOWN OF 50U1?'IOVI 14 Trainor Avenue Center Moriches, N.Y. 1 19345UFFOLK COUNTY AIM YOK GRAND A T � VVL Jo shuaRWicks @gmail.c om mac, #631-405-8108 Suffolk Courty lax Map Na., a N�°5�oz5 GRAPHIC SCALE 1000-107,00-02,00-016,000 O 1(30 ) z(6a) 3(90) PAS 5UMl'M 8/1912021 6 :' (3) 5c&L : 1''-3O' V� �W NOV a ® 2021 ,rV ® / MAP OF CRECORY SIMONELLI N 59005'00" E 317.93' �$ TAX MAP LOT 8 Q 4 LOT 3 wHAPFND: LINE FNO — - O FE• 3' PICKET FE 6- CHAIN LINK FE. FE. 0.7•S 0.7'8 0.6'S 0.7'8 0.6W 10 Y ��• / / M lypOQx6,„�• �c4� rl j w 4S°�/[T p (6' N O l �qY w U N l' � t�L�•• i '` \ �C.vl 70�• Q OC� �f0j D Z-1.) Q O LOT AREA w aC w O / ww a 4140,326.18 S.F. / ® $W s Z� CCv 0.93 ACRE(S) '' CW O ,ri 3 lgli�—cm wOO ca -T Ep N r SOF NEWyr (� pot, /m FE. P R p C� -�C• L N_ _ 0. GATE 6-'CMN LINK FE. 0 FE 2 N Gj�Pc��`� ® FND: UnL FND. POLE i i 0 ' S 59005'00” W 319.61 ' !'cFysF�0 0515������� LAND I CHECKED BY: (1) UNAUTHORZE0 ALTERATION OR ADDITION TO THIS SURVEY MAP BEARING A UCENSED LAND SURVEYOR'S SEAL IS A VIOLATION OF SECTION 7209.SUB—DIVISION 2,OF NEW YORK STATE EDUCATION LAW. (2) ONLY BOUNDARY SURVEY tLaps WRH THE SURVEYORS EMBOSSED SEAL ARE GENUINE TRUE AND CORRECT COPIES OF THE SURVEYOR'S ORIGINAL WORK AND OPINION. (3) CERTIFICATIONS ON THIS BOUNDARY SURVEY MAP SIGNIFY THAT THE MAP WAS PREPARED IN ACCORDANCE WITH THE CURRENT EXISTING CODE OF PRACTICE FOR LAND SURVEYS ADOPTED BY THE NEW YORK STATE ASSOCIATION OF PROFESSIONAL LAND SURVEYORS. INC.THE CERRACATION IS LIMITED TO PERSONS FOR WHOM THE BOUNDARY SURVEY MAP IS PREPARED, TO THE TITLE COMPANY,TO THE GOVERNMENTAL AGENCY,AND TO THE LENDING INSTITUTION LISTED ON THIS BOUNDARY SURVEY MAP. (4) THE CERTIFICATIONS HEREIN ARE NOT TRANSFERABLE(5)THE LOCATION OF UNDERGROUND IMPROVEMENTS OR ENCROACHMENTS ARE NOT ALWAYS KNOWN AND OFTEN MUST BE ESTIMATED. IF ANY UNDERGROUND IMPROVEMENTS OR ENCROACHMENTS EXIST OR ARE SHOWN. THE IMPROVEMENTS OR ENCROACHMENTS ARE NOT COVERED BY THIS SURVEY. (6) THE OFFSET(OR DIMENSIONS) SHOWN HEREON 0 FROM THE STRUCTURES TO THE PROPERTY LINES ARE FOR A SPECIFIC PURPOSE AND USE AND THEREFORE ARE NOT INTENDED TO GUIDE THE ERECTION OF FENCES. RETAINING WALLS. POOLS, PATIOS PLANTING AREAS.ADDITIONS TO BUILDINGS.AND ANY OTHER TYPE OF CONSTRUCTION. (7) PROPERTY CORNER MONUMENTS WERE NOT SET AS PART OF THIS SURVEY. (8)THIS SURVEY WAS PERFORMED WITH A TRIMBLE S8 ROBOTIC Z TOTAL STATION. (9) THE EXISTENCE OF RIGHT OF WAYS AND/OR EASEMENTS OF RECORD IF ANY, NOT SHOWN ARE NOT GUARANTEED. o RECEIVED" FORM NO. 3 NOV 4® 2021 TOWN OF SOUTHOLD BUILDING DEPARTMENT ZONING BOARD OF APPEALS SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: October 15, 2021 TO: Patricia Moore (Kaufer) 51020 Main Road Southold,NY 11971 Please take notice that your application dated March 26, 2021: For permit: to legalize an as-built conversion of an existing accessory garage to an artist studio at: Location of property: 2500 Grand Avenue, Mattituck,NY County Tax Map No. 1000—Section 107 Block 2 Lot 16 Is returned herewith and disapproved on the following grounds: The as-built construction, on this conforming X42,253.2 square foot lot in the Residential R-40 District is not permitted pursuant to Article III, Section 280-13 (C). An artist studio in an accessory building is not a permitted accessory use. Authorizedature 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. TOWN of SOUTHOLD _ OFFICE OF BUILDING INSPECTOR Town Hall Annex Receipt No.1 0 0 2 0 0 Southold, New York 11971 Date PtUly aC �- -- n tv�- Received r4w 'IF /1 OODollars For ❑ Fee for Fee for ❑ Fee for ❑ Fee for ❑ Fee for ❑ Fee for Rental Disapprovals Building Permit Certificate Electrical of Occupancy Inspection LIQ' Check# ❑ Credit Card $ ❑ Cash Building Department G7 0 71 6S v 7 M 7LC Complainant states: Illegal Work still continues daily on an "accessory garage"without a permit.This has been reported multiple times to Code Enforcement and the building Department who went to that location and still nothing is being enforced in regards to same.The asst town attorney, code enforcement and the Building Department all have been notified of this blatant obvious on-going construction. 1„ Investigator's notes: DATE: 12/24/2020 'NOV 10 TIME: 0845 hours. TO: Town Attorneys FROM: Arthur P. Bloom, Ordinance Inspector#696 REF: 2500 Grand Avenue, Mattituck I parked vehicle#S-1 at the curb. Mr. and Mrs.came to door. I explained that I was there in response to another email complaint received this morning. There were three vehicles in the driveway. There was no construction activity in the main house. The-building permit was displayed in a window. I asked to inspect the accessory building. I was given oral permission and was accompanied by Mr. and Mrs., one female child and three dogs. The building is a wood frame structure approx. dimensions 16' x 22'with a saltbox-shaped roofline. It is a single room,with no internal partitions. It has a cathedral-type ceiling with exposed collar ties.There is no evidence of plumbing.The inside walls are finished with sheetrock.The windows are trimmed.There are several electrical receptacles along the walls and light switches inside the only entrance door. There is a hardwood floor.The walls, ceiling and trim are painted white.The outside of the structure is in the process of being repainted. It has a new roof. A woodstove was operating, located in the SW corner of the building. Cement board was installed at the corner of the walls around the woodstove'. A female adult was working in the building, painting the window trim. I did not ask for identification. I advised the owners to get a BP for the wood stove, label the circuit breaker panel, and to install a combination smoke/CO detector.The wall plates for the various electrical fixtures had been removed for painting, and I was assured that they would be reinstalled upon the completion of the paint job. Mrs. explained that she allows her high-end jewelry clients to visit her workshop,which she refers to as a "Secret Studio," in order to observe the creative process and to see works in progress. No commercial activity takes place during these visits. Mrs.stated that she is in communication with the Building Office to try to determine if any change in.the .Certificate of Occupancy for the accessory building is necessary or an available option.She stated that her desire is to comply fully with any applicable code requirements. The only other structure on the property is a chicken coop, occupied, at the time of my visit, by hens. I did not observe any roosters. I observed two surveillance cameras mounted in trees on the neighboring property.The cameras were apparently aimed at the 2500 Grand Avenue property. . REPORT ENDS NOV 10 2021 Internal Notes: JB directed APB to issue NOV for unlabeled ckt brkr panel, no smoke/CO detector, and wood stove w/o BP/CO in accessory building. Per ATA Burke, 1/6/2021 APB issued superseding NOV to add violation of changing garage door to wall w/window in accessory building.This item was omitted from initial NOV issued .This item was included in application before Bldg Office and ZBA. 3/24/21 APB directed by ATA Burke to issue tickets to owner for no BP/no CO: woodstove,conversion of garage to other occupancy, installing walls and windows. 3/25/21 APB isued 4 tickets to owner at 2500 Grand Ave,0930 hrs Fee:$ Filed By: Assignment No. APPLICATION TO THE SOUTHOLD TOWN ZONING BOARD OF APPEALS House No.-2500–Street Grand Avenue Hamlet:Mattituck SCTM 1000 Section-107—Block-2—Lot(s)_16 Lot Size-1 acre Zone R-40_ I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED October 15,2021_BASED ON SURVEY/SITE PLAN DATED 8/19/21 . Owner(s):_Donya Kaufer O'Brien_ NOV 10 2021 Mailing Address: 2500 Grand Avenue,Mattituck NY 11952 Telephone: 631-905-9101_Fax: Email:_donyaoba Wcom NOTE:In addition to the above,please complete below if application is signed by applicant's attorney,agent, architect,builder,contract vendee,etc.and name of person who agent represents: Name of Representative:Patricia C.Moore Esq.for(X )Owner( )Other: Address:_51020 Main Road,Southold NY 11971 Telephone:-631-765-4330 Fax:_631-765-4643 Email:_pcmoore@mooreattys.com Please check to sped who you wish correspondence to be mailed to,from the above names: ( )Applicant/Owner(s), (X)Authorized Representative, ( )Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED-8/19/21–and DENIED AN APPLICATION DATED: March 26,2021 FOR: (X)Building Permit O Certificate of Occupancy O Pre-Certificate of Occupancy ( )Change of Use ( )Permit for As-Built Construction ( )Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,subsection of Zoning Ordinance by numbers. This information is indicated on the Notice of Disapproval Article: III Section: 280-13 (C 1 Subsection: List prior appeals(if any)determined at any time with respect to this Droperty,(List Appeal No.and Year of decisions.) NONE INDICATE REASONS FOR REQUEST–Please indicate portion of the Southold Town Code you wish the Zoning Board of Appeal to render a Decision and give 10 Application—Reversal/Overturn Zoning Officer Decision (f JZr� Page 2 �` explanation. Furthermore, if prior determinations of this Board should NNOV to 2021 considered when making a board determination, please list them. (Please be specific. Additional sheets maybe used with preparer's signature notarized): The structure is a 16'x 22'garage, located in the rear yard, at a conforming location and which was issued a CO in 1987. The applicant's x-husband added ajs), V I �and used the structure as a "workshop". The applicant is an artist and the workshop continued to be used by the applicant as an artist's workshop. In 2020 the garage needed maintenance work, shingles were replaced, existing interior a ere painted white, and the garage door and windows were replaced an place" without any structural changes to the structure. The neighbor called code enforcement and the applicant was directed to obtain a buildingpermit for the non-structural changes to the accessory structure and the existing space heater. A building permit was filed for the space heater. In addition, because the workshop was being used by an artist a ZBA application was required. The applicant had to obtain "sealed construction drawings" (as noted on the plans, there were no structural changes), and a new survey had to be obtained. The Board has determined in prior decisions that for a workshop/art studio use to be considered incidental to a principal use, they must maintain a personal and/or hobby aspect to them and not become a more commercial type of use. The applicant has a retail store in Greenport (Metal Monk) and the studio at home provides personal space to be creative. In Wilson- Ryckmann decision # 7454 dated 2/4/21 and Louis & Erin Nardolillo decision #7457 dated 2/4/21 the Board states that they are providing a code interpretation to provide clarity about the accessory uses and whether they are allowed" the Board stated," Since neither a "work-shop"nor an "artist studio"is an allowed accessory use, if it is to be considered an allowed accessory use, the Board would have to conclude that the use is "customary and incidental to the principal use" which in both matters before the Board is a single-family residence. As set forth below, the Board has concluded that under certain conditions, both proposed uses should be considered customary and incidental to a single-family residence and therefore allowed accessory uses in accessory structures" Application—Reversal/Overturn Zoning Officer Decision Page 2 The Board further found that "Based on the number of times this has beenr � �1 before the Zoning Board, it would appear that this type of artist studio or workshop is customary use to a single-family residence" NOV 10 2029 For the use to be an allowed use, the use is not only customary to use, but also, it is incidental to the principal use...to that end, the Board has determined that the following elements/conditions led to the determination that these uses are customary and incidental to the principal use: 1. Such use is incidental to the principal residential use on the premises. This is Donya Kaufer O'Brien's home for her and her daughter. The art studio is incidental to her residential use of the house. The existing structure remains a residential accessory structure. 2. The artist's studio/workshop in an accessory structure is not rented to or used by anyone other than the property owner of the principal dwelling. The space has been a garage and work shop. The owner has created a space which is open, airy, private, and quiet. Her home in Mattituck provides a relaxing environment which is critical to the artist. The Town of Southold attracts artist. Creative spaces are needed to foster the artist creativity. No one else will use the art studio. 3. No individual or group instructions, classes or demonstrations related to the production/fabrication of crafts/art works in the studio/workshop may take place on the property. Applicant will not give lessons; this is her private area. 4. The property owner may not employ or engage unpaid assistance by any other persons(s) in relation to the production/fabrication of art/crafts in the accessory structure. There are no employees, this space is a private studio for Donya Kaufer O'Brien to create. 5. There is no exterior effect at the property line such as noise, traffic, odor, dust, smoke, gas, fumes or radiation. There would be no discernable difference to the exterior, the interior space is used, and the art does not produce any noise, traffic, odor, dust, smoke, gas, fumes, or radiation. 6. No display of products/artwork/crafts etc. is visible to the street. This is a private home with no display of the artwork. The accessory building is in the rear yard of the applicant's home. Application—Reversal/Overturn Zoning Officer Decision 'Z ,C'e i Page 2 7. No sales to the public are permitted on the subject proper%vvf,o sales are proposed from this property. Applicant sells her commercial work from Metal Monk shop in Village of Greenport. W .dls�� � 8. Plumbing in the accessory structure is limited to a half bath (toilet and sink) and a utility sink. There is only a space heater installed by the X-husband, there is no insulation in the walls or water. If a Y2 bath were ever desired, the applicant would obtain the required permits for the %2 bathroom. There are electric and window air conditioners. 9. Activities in the artist's studio/workshop in the accessory structure are limited to the production of crafts and works of art such as painting, sculpture, photography, ceramics, weaving/textiles, glass art (but not glass blowing), and personal woodworking/carpentry and auto mechanics on vehicles belonging only to the property owner. Applicant creates with beading and textiles. 10.No sleeping or cooking is permitted in the accessory structure. No sleeping or cooking is proposed. 1 LAn accessory structure used as an artist's studio/workshop may only contain that one use in addition to non-habitable (unfinished, open rafters and stud walls) storage of general household items, garden tools and/or vehicles. Only one use is proposed 12.An accessory apartment in the accessory structure is not permitted unless the artist's studio/workshop use is removed, and a special exception permit is obtained from the Zoning Board of Appeals. No accessory apartment is proposed. 13.The following uses are not, by this determination, considered to be permitted uses in an artist's studio/workshop in an accessory structure, as defined herein and are prohibited: workout/fitness activities, recreational activities, and home offices (as defined in the Town Code). This application is for an art studio-to be used by the owner. (Continuation of page 2) Application—Reversal/Overturn Zoning Officer Decision Page 2 By signing below, I certify all information is true and correct to the best of my knowledge. l }p Nov I Q . 1Q'i�k U By signing below,I certify all information is true and correct to the best of my knowledge. A Signature of Applig0ror Authorized Agent (Agent must submit written Authorization from Owner) Sworn to before me this day o V 20 LIA)A 0 otary Public BETSY A.PERKINS Notary Public,State of New York No.01PE6130636 Qualified in Suffolk County Commission Expires July 18,6 APPLICANT'S PROJECT DESCRIPTION 2 � - APPLICANT: �d� V G � Y ��JY��'it DATE PREPARED: 1.For Demolition of Existing Building Areas ' ' Please describe areas being removed: "Von s NO YY H.New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: /VO" Dimensions of new second floor: /UD" Dimensions of floor above second level: Alb P Height(from finished ground to top of ridge): /r1 ' Is basement or lowest floor area being constructed?If yes,please provide height(above ground) measured from natural existing grade to first floor: AYA 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: 69591 y /(R Number of Floors and Changes WITH Alterations: A1,91 — IV.Calculations of building areas and lot coverage(from surveyor): 4U® Chan e Existing square footage of buildings on your property: Q jf b o 5.e– c_eff *C 6��G Proposed increase of building coverage: AJ0101 e. Square footage of your lot: Percentage of coverage of your lot by building area: V.Purpose of New Construction: 09C lnci pbiiiaCc�ssr�x� hCr�ri�r°a a-S cWh CO- Sfzrdia VI.Please describe the land contours(flat,slope%,heavily wooded,marsh area,etc.)on your land and how it relates to the difficulty in meeting the code requirement.(s): Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction,and photos of building area to be altered with yard view. 4/2012 �l jf QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION A. Is the subject premises listed on the real estate market for sale? Yes _X _No B. Are there any proposals to change or alter land contours? NOV o ?021 No Yes please explain on attached sheet. f�f:f4 C. 1.)Are there areas that contain sand or wetland grasses? AJn 2.)Are those areas shown on the survey submitted with this application? AJ14 3.) Is the property bulk headed between the wetlands area and the upland building area? DU D 4.) If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction?_Please confirm status of your inquiry or . application with the Trustees: and if issued,please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? AMI-4 E. Are there any patios, concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? /VO 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? /p If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: IA+,trioy ok V,bldeF 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. a,6cAce H. Do you or any co-owner also own other land adjoining or close to this parcel? /,,V If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parceliyfT�1G � �� � ' and the proposed use 694-t 5yc/4o (ex: existing single family,proposed: same with garage,pool or other) Authonzed signature and Date NOV 14 P91 'TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,NY BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit#: 45366_ Date: 10/22/2026 Permission is hereby granted to: Kaufer,Donya 2500 Grand Ave Mattituck;NY 119521242 To:, replace windows to existing single-family dwelling as applied for. At premises located at: 2500 Grand Ave,Mattituck SCTM#473889 " SdcBlock/Lot#167..2-16 Pursuant to application dated 10/15/2020 and approved by the Building Inspector. To expire on 4/23/2022. Fees: CO-ALTERATION TO DWELLING $50.00 SINGLE FAMILY DWELLING-ADDITION OR ALTERATION $200.00 Total: $250.00 BIctor Y t K6 APPRO'ED AS NOTED'_ DATE;` .R;1 FEE b� .�Y: OCCUPANCY OR NOTIFY: BUILDING DEPARTMENT-AT 7651802 $AM TO 4 PM FOR THE USE•IS,UNLAWFUL y FOLL'QWING:`INSPECTIONS; 1. FOUNDATIQN -.Two:REQUIRED WITHOUT CERTIFICATE" FOR POURED CONCRETE' OF OCCLPAIVCY 2.,R0UGH =FRAMING & PLUMBING 3:•INSULATION t 4` FINAL 'CONSTRUCTION MUST BE COMPLETE FOR'C.O. ALL.GONSTRUCTION SHALL MEEf'THE REQUIREMENTS OF TH.E CODES OF NEW YORK':STATE. NW,, RESPONSIBLE.FOFf ;. DESIGN OR CONSTRUCTION ERRORS. COMPLY WITH ALL CODES OF NEW YORK STATE&TOWN COTES AS REQUIRED AND CONDITIONS OF POOTHOTUTOWffF NNIMOARD Andersen. Andersem Windows Wreviated,Quote ReportAndersen ProjectName:John D Sinning JR Dealer. RIVER .. HEAD BUILDING SUPPLY 20 Quote Date: , Og122/2020' IQ Version; 20.0 • ' Quote#: 213189 Print Date: 08/29/20 Customer 1- ANDERE TRADE ID FOR:RI BUICDWG BUILD SMARTER.BUILD BETTER. 1-800-378-3650 Address: WWW.RBSCORP.COM Phone: Fax: j Sales Rep: NELSON PEREZ Contact: Created B Trade ID: 060055 Promotion Code Item My Item Size(Operation) Location Unit Price Ext.price 0001 2 CX245(LR) $ .1614.31 $ 3228.62 ROSize=5'3114"Wx4'63/8"H Unit Size=5'23/4"Wx4'413116"H 400 Series Unit,Bleck/Black-Factory Painted,LR Handing,(All Sash)High Performance Low-E4 Glass,Divided Light with Spacer,Specified Equal Lite Fractional with-Check Rail',7 liter,3w2h,Center Bottom Horizontal Placement,314"with 21/4"Check Rail,Ext Grille-Black,Int Grille-Black(Includes 4 9/16" Factory Applied Black-Painted Head and Slde Member Extension Jambs) Viewed from Exterior Insect Screen,Black Hardware Pack,PSC,Traditional Folding-White Zone:North-Central U-Factor.0.29, SHGC:0.27, ENERGY STARV Certified:Yes 0002 1 CX236(LR) $ 1470.02 $ 1470.02 ~ ROSize=6'3114"Wx3'63I8"H unit Size=F23/4"Wx3'413/16"H 4 400 Series Unit,BlacklBlack-Factory Painted,LR Handing,Straight Arm Hardware,(All Sash)High Performance Low-E4 Glass,Divided Light with Spacer,Specified Equal Lite Fractional with Check Rail,7 Iites,3w2h,Center Bottom Horizontal,Placement,3/4"with 21/4"Check Rall,Ext Grille-Black,Int Grille-Black (Includes 4 9N6"Factory Applied Black-Painted Head and Side Member Extension Jambs) Viewed from Exterior Insect Screen,Black Hardware Pack,PSC,Traditional Folding-White Zone:North-Central U-Factor.0.29, SHGC:0.27, ENERGY STAR®Certrled:Yes 4-,) Quote#: 213189 Print Date: 09/29/2020 Page 1 Of 4. IQ Version: 20.0 C= 3 q 3 33 Item OtyItem Size(Operation).' Location Un1t Price Ext.Price .. 0003 4 CX145(L) $ 829.81 $. 3319:24 r' ROSIze=2'8"Wx4'5318"H Unit Size=2'71/2"Wz4'413116"H � 400 Series Unit,Black/Black-Factory Painted,L Handing,High Performance Low-E4 Glass,Divided Light with Spacer,Specified Equal Lite Fractional with Check ; Rail,7 lites,3w2h,Center Bottom Horizontal Placement,314"with 21/4"Check Rail,Ext Grille-Black,Int Grille-Black(Includes 4 9116"FactoryApplied Black-Painted Head and Side Member Extension Jambs) Viewed from Exterior insect Screen,Black Hardware Pack,PSC,Traditional Folding-White Zone:North-Central U-Factor:0.29, SHGC:0.27, ENERGY STAR®'Certified:Yes t 5 0004 1 CX135(L) $ 755.93 $ 755.93 ROSize=2'8"Wx3'5318"H Unit Size=2'7112"Wx3.413116".H 400 Series Unit,Black/Block-Factory Painted,L Handing,Straight Arm Hardware,High Performance Low-E4 Glass,Divided Light with Spacer,Specified Equal Lite Fractional with Check Reil,7 liter,3w2h,Center Bottom Horizontal Placement,3/4"with 21/4"Check Rail,Ext Grille-Black,Int Grille-Black(Include54 911 B"Factory Applied Black-Painted Head and Side Member Extension Jambs) viewed rrom exterior Insect Screen,Black ` Hardware Pack,PSC,Traditional Folding-White Zone:North-Central 1.1-Factor 0.29, SHGC:0.27, ENERGY STAR®Certified:Yea 1bJ C) ;4 CD Quote#: 213189 Print Date: 09/29/2020 Page 20f 4, IQ Version: 20.0' ' �j Item lily. Item Size(Operation) Location Unit Price Ext Price - „ . FL2 0005 .1 45-P6040-20 PF-R) $]83184.49 $ 3184.49 t ROSize=9'23/8"Wx4'2"H UnitSlze=9'33/4"Wx4'11/2"H 400 Series ¢ ' Group Unit,Casement 45 Degree Angie Bay,Black/Black-Factory Painted,High Perrormance Low-E4 Glass,Divided Light with Spacer,Mulling Location: Distributor,Mull Priority:Vertical Insect Screen,.Black vrswed from Exterior Hardware Pack,PSC,Traditional Folding-White EXT JAMB,BLACK 4 9/16 WALL PR PI HEAD AND SEAT BOARD,BLACK 45 DEGREE BAY 5114 WALL SET PLATFORM,45 DEGREE BAY SET CABLE SUPPORT,SYSTEM 4 Zone:North-Central Unit U-Factor SHGC ENERGY STAR®Certified 1 0.29 0.27 Yes 2 0.26 0.34 Yes 3 0.29 0.27 Yes Subtotal $ 11858.3 Total Load Factor Tax(8.625%) 1,031.4 Customer Signature 8.467 Grand Total 72 989.7 Dealer Signature ' All graphics viewed from the exterior Rough opening dimensions are minimums and may need to be Increased to allow for use of building wraps or flashings or sill panning or brackets or fasteners or other items. `- tr7 . � 71 moo. 4- Quote#: 213189 Print Date: 09/29/2020 Page 301 4, IQ Version: 20.0 ry o �� i 4 Item Qty Item Size(operation) Location _ Unit Price Ext.Price Ask to sea If all of the products you purchase can be upgraded to be ENERGY STAR®certified, This Image Indicates that the product selected is certified In the US ENERGY STARS climate zone that you have selected. Data Is current as of November 2019.This data may change over time rias to ongoing product changes or updated test results or requirements. RatIngs for all sizes are specified by NFRC for testing and certification.Ratings may vary depending on the use of tempered glass or different grille options or glass for high attitudes etc. Nexia is a registered trademark of Ingersoll Rand Inc, CProject Comments: Riverhead.Building Supply offers a two year parts and labor warranty on any Andersen Window or Patio Door products ordered through any of our locations. See your Riverhead sales associate for more details. i X 1. r F Quote#: " 213188 Print Date: 09/28/2020 Page 40f 4, IQ Version: 20.0 n �d TOWN OF SOUTHOLD 'BUILDING PERMIT APPLICATION CHECKLIST BUILDING DEPARTMENT Do you have or pqed the following;lWore applying? TOWN HALL ,:.. Board of Health SOUTHOLD,NY 11971 i' 4 sets of$uildirg Plans ` TEL:(631)765-X802.. Planning Board approval FAX:(631)765-9502 f,,1,, Survey Southoldtownny.gov PERMIT NO. Check Septic Form N.Y.S.D.E C. - Trustees j C.O..Apphcation I Y1� Flood Permit Examined - v fid 20 t, Single&Separate i Truss Identification For n Storm-Water Assessment Form j( „ . Approved U 20 t(" r'' Mail tot Disapproved a/c 11 _R Phone: 11 l 2 �&P ! r , ! v ' Bwl ;pector.` . Zor," 1 5 2020 OCT APPLICATION,TOS BUILDING'PT;RIi T BUILDING DEP`1r. „ Date. Ocr. 13 20 d,0 Rpt t OV.SOT Trif?F3 INS >Et.CTION , a.This application MUST be completely filled in by typewriter or in ink and submitted,to the Building Inspector with.4. sets of plans,accurate plot plan to scale.Fee according w schedule: b.Piot plan showing location of lot and of buildings on premises,relationship.to adjoining premises or public streets or areas,and waterways. _ c.The work covered by this application may not be commencedbefore issuance of Building Permit. d.Upon approval of this application,the Building Inspector will issue a BuildingP.,ermit to-the applicant.Such a permit shall be kept on the premises available for inspection throughoutthe work. e.No building shall be occupied or used in whole or in part for any purpose_ what so ever until the Building Inspector issues a Certificate of Occupancy. f.Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such,date.If no zoning amendments or other regulations affecting the property have been enacted in the interim,the Building Inspector may authorize,in writing,the extension of the permit for an addition six months.Thereafter;a new permit shall be itegiiretl: APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the i Building Zone Ordinance of the Town of Southold,Suffolk County,New York,and other applicable Laws,Ordinances or �. R6gulations,for the construction of buildings,additions,or alterations or for7em6val or demolition as herein described.The applicant agrees to comply with all applicable laws,ordinances,building code,housing code,and regulations,and to admit authorized inspectors onpremises and in building fofi necessary inspections, (Si of applicant or riamejf a corporation) r. X500 G : Mtgi+JkkWY 1195z, (Mailing address of applicant) State whether applicant is owner,lessee,agent,architect,engineer,general contractor,electrician,plumber or builder OWNER Narne of owner of premises Dbnt!6L a!©I"1 � r __-- (As on the"tax roll-or latest deed): If a plicant is a corporation,signature of duly authorized Acer 11 gal '(Name and title of corporate officer): Builders License No. K5' ` Plumbers License No. Electricians License No.. Other Trade's License No. 1. Location of land on which proposed work will•be done: !/• House Number, Street-, i ry Hamlet " County Tax Map No.1000 Section ' I© ',Block ` �ot Lot Subdivision Ci,, F;i'� ,,'I,'° 1 } ! • � :- RilcdMapNo. Lot �..�,t��E•� 2. State extstmg use and occupancy of premises and intended use and occupancy of proposed c6nsm3Wn: 0 2029 �l1 a. Existing use and occupancy le-"Az &1& fNJ . b. 'Intended.use and occupancy, p� 3. Nature of work(check which applicable):New Bultdin Addition Alteration Repair Removal Demolition, Other Work MI , wingtows w (Description) . . Estimated Cost Fee _ - (To'be paid'on filing this application). If dwelling,number dfldmielling units -•'Number•of davelling:utlits on each floor If garage;number of car If business,commercial or mixed"occupancy,specify nature and extent of each type of use. : .Dimensions of existing structures,if any:Front- } Rear Depth Height Number of Stories, Dimensions of same structure with alterations or additions:Front Rear Depth Height Number of Stories $� Dimensions of entire neweonstructiont Front Rear Depth Height Number of Stories Size of lot:Front, Rear Depth \0.Date of Purchase' Name of Former Owner Zone"or use district in which premises are situated N.Does,proposed construction violate any zoning law ordinance or regulation?YES_NO 13`Will lot be re-graded?YES.NO Will excess fill be removed from premises?YES,NC .Names of Owner of prentses -Address Phone No, Name of Architeot = ` Address Phone No Name of Contractor Address Phone`No'." a.Is this property within 1:00,feet of a tidal wetland or afreshwater wetland?*YES NO *IF YES,$01 TMOLD TOWN TRUSTEES Bc.D E:C PERMITS-MAY BE:REQUIRED. I, b.Is this property within400 feet of a_tidal wetland?a�'YES NO *IF YES,,D.EC.PERMITS=MAY DE REQUIRED: "Y Provide survey,to scale,w4 accurate fouridati*plan.and distances to property lines.. 11\If elevation at any point on property is at 10 feet or below,must provide topographical data on survey. � . k Are there any:covenauts and restrictions with respect to,this properly?*YES NO *IF YES,PROVIDE A COPY. CONNIE D.BUNCH Public.State ofSTATE OF NEW YORK) Notary No.01 BU6185050w Yprk SS! Qualified In Suffolk County ll COUNTY OF ) Commission Expires April 14,2 being duly swom,deposes and says that(s)he is the applicant (Name of individual signing contract)above named, (S)He is the - . - (Contractor,Agent,Corporate Officer,etc.) . of said owner or owners,and is duly authorized to perform or have performed the said work and to make and file this application; 4 that all statements contained in this application are true to the best of his knowledge and belief;and that the work will be performed in the manner set.fezEh in the application ftted-therewith. S ,rod," afore ire Delday:af Utrii�'�!l 20 . y NotaryPnblic- .' `Signature gplicant FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office NOV 10 2.Q?1 Southold, N. Y. Certificate Of Occupancy No. ?5239 . . . . . Date . . . . . . . . . . .duly . . . . 2 19.73. THIS CERTIFIES that the building located at .8�8.Grand.Ao! . . . . . . . . . . . Street Map No.M=. . . . . . . . Block No. . . . . . . .Lot No=. . . .Nattituckt N.Y* conforms substantially to the Application for Building Permit heretofore filed in this office dated . . . . . . . . . . . . .1kr . .30., 19.72. pursuant to which Building Permit_No. 57 M. . . dated . . . . . . . . . Mar, . . . .30. . ., 1972. ., was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is .Prtf*t®. one, 94#1T. . .OV!'%ling. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The certificate is issued to .At]mtia• 8=9a • •Aj(Q . .Joan• & .Rod►. i`atA. . •Owners. . . (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval .". . .20. . t9?3. . .by. Re -Tilla . UNDERWRITERS CERTIFICATE No. -X -8Q18$ . . . . Mar. . 27 . .19? . . . . . . . . . . . . . . . . . . . 1i0US1: NUMBER. r25QQ. . . . . . .Street. .ft . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �M Building Inspector FORM NO.4 TOWN OF SOUTHOLDr-SW.X"I:l:, iwb� BUILDING DEPARTMENT Office of the Building inspector .,---NOV O 2029 Town Hal{ Southold,N.Y. Certificate Of Occupancy No. . , , ,Z- 15133 Date , . . . IIecemb,er. 29.: . 19 .86 THIS CERTIFIES that the building Chimney to t.i.ng..on.el.one family dwelling . . . . . . .. . . . . . . . .. . . . . Location of Property , ,,2500. .Gr and .Avenue. . :. . . . Mattituck,. New York. . House 1110, Street Hamlet County Tax Map No. 1000 Section . . . .10?. . . ..Block . . . . 2 .. . . . . . ..Lot . . . . . . 16. . .. . . . . . ` ! Subdivision . . . . . . .. . . . . . . . . . . . . . . . . . . . . . .Filed Map No. . . . ..... .Lot No. . . . . .. . . . . . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated 0 c t ob e r. 17,, , , , , , , , , , 19 . 8.6pursuant to which Building Permit No. . . .1,5 4 2,2 Z , , , . . , , ,_ , , dated . . ,. . t.o b e r. 23 , , , , , , , , , , , , , 19 . . 8,bwas issued,and conforms to an of the requirements of the applicable provisions of the law.The occupancy for which this certificate is issued is . . . . . . . . . Chimney to existing one family dwelling . . . . . . ... . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... .. . .. . . . The certificate is issued to . . . . . . .ROBERT & ,JOAN CHRISTIANSON. . . . . . . . . , . , , , , , . . . . . . . . . .towner 1o�LX�4�t% of the aforesaid building. Suffolk County Department of Health Approval . . . . . , , , , , , N/A. . . . . . . . . . . . . . . . . . . . . . . . UNDERWRITERS CERTIFICATE NO. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . •Building Inspector Rev,Val (r ti. FORM NO.4 TOWN OF SOUTHOLD {: Lid DIP BUILDING DEPARTMENT Office of the Building Inspector NOV 001 Town Hal! Southold,N.Y. ZF:�.CvC Certificate Of Occupancy No. . . . . .Z- 15631 . . . Date . . . . . April 13, 1987 . . THIS CERTIFIES that the building . . . .DECK AD D IT I. . , . . , . . , . . . Location of Property 2500 Grand Avenue Matti,tuck,, New York House No. Street *Hamlet 07 0 County Tax Map No. 1000 Section . . . . .l. . . . . .Block . . . . 2. . . . . . . .Lot . . . . .1.6 . . . . . . . . . . Subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Filed Map No. . . . . . . . .Lot No. . . . . . . . . . . . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated March 20 , 1987 I5815Z . . . . . . . . . . . . . . . . . . . . . . pursuant to which Building Permit No. . . . . . . . . . . . . . . . . . . . . . dated March 28 , 198 was issued,and conforms to all of the requirements . . . . . . . . . . . . . . . . . . . . . . . . of the applicable provisions of the law. The occupancy for which this certificate is issued is . . . . . . . . . DECK ADDITION TO EXISTING ONE FAMILY DWELLING The certificate is issued to ROBERT & JOAN CHRISTIANSON (ownlOr, �rXt r t X. . . . . . . . . . . . . • . . . of the aforesaid building. Suffolk County Department of Health Approval . . . . . . . . . .N�. _ , , , , , , , , , , , , , , , , , , , , , , , , UNDERWRITERS CERTIFICATE NO. . . . . . . . . . . . . . . . . . NSA , PLUMBERS CERTIFICATION DATED: N/A Bui ng Inspector Rev.1/81 t FORM NO. I TOWN OF SOUTHOLD (� BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N. Y. NOV 10 2021 BUILD114G PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) -15815 Z Date ... :..� 1917. ...... ............ .. Permission is hereby gra nte to:...... .. 2 •• ,� •.1,. Y .......................................y . . ...... ...., :: .... .. : ...................... to ......... .....:.. .. ::: ..... :....: .... a-,... ..x... ...:« r. .: ... ......... . .................................... .. at premises located at .. ,? D... .... .:...... . .4+�'. .......•.�,L...................... ................................................................................................................................................................ County Tax Map No. 1000 Section ......t..r?.7.:.... Block ....... Lot No. p............ pursuant to application dated .... JGY!'��'1...Z ..............., f 9. ..7, and approved by the Building Inspector. Fee $...��-..v..... 'J, .. tL. .. ...................... Building Inspector Rev. 6/30/80 FORM NO.a TOWN OF SOUTHOLD ry Lel BUILDING DEPARTMENT Office of the Building Inspector Town Hall NOV 10 2021 Southold,N.Y. Certificate Of Occupancy No. . . . . . 2-15630 . .. Date . , , . .April 13., . 1987 ,. . . i THIS CERTIFIES that the budding , , , , A c e e s s o r X G a r a S e , . . , , .. . . . . . .. { Location of Property 2500, Grand. Avenue Mattituck, New York . . . . . . . . . House i1% Street ' ' ' ' ' ' ' ''Hamlet County Tax Map No. 1000 Section . . 10.7. . ..Block . , 2 . , . . ,Lot ?6 . . . . . . .. . . . . . . . .. . . . . . . . . Subdivision . .. . . . . . . . . . . . . . . . . . . .. . .. . . . . ..Filed Map No. . . . . . . . .Lot No. . . .. .. . . . . . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated December , 199 pursuant to which Building Permit Na , . .10 5 18 Z . . . dated . . . D e c ember 14.,. . 19 7,9 . , was issued,and conforms to all of the requirements of the applicable provisions of the law.The occupancy for which this certificate is issued is . .. . . . . . . ACCESSORY GARAGE . . . . . . .. . . . . . . . . . . . . . . . . . . . .. . . .. . .. . . . . ... . . . . . . . .. . . . . . . . . . . . .. . . . . . . ... . . . . . The certificate is issued to , , ROBERT, & .JOAN CHRISTIANSON . . . .. . . . towner,lef� r . . . .. . .. . . . . of the aforesaid building. Suffolk County Department of Health Approval . . . . . . . . . . A. , , . . . . , , . . . , , . . . , . . . ,.. . .. . UNDERWRITERS CERTIFICATE NO. . . . . . N 8 0 0 7 9 6 . . . , ,.. . . . . . . .1 . . . . . ..• ... .. . . .. •. . .... PLUMBERS CERTIFICATION DATED: N/A . . . . . . . . . . . .. . . . . . Bui.ding Inspector Rev.1/81 1 re i AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD NOV a WHEN TO USE THIS FORM: This form must be completed by the applica ,f,6iiapi �u °` permit, site plan approval,use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: 7,-,r-> 4 r e� 2. Address of Applicant: O p 641C-r-nd 3. Name of Land Owner(if other than Applicant):_ —4�j5 Yru 4. Address of Land Owner: 5. Description of Proposed Project: 6. Location of Property: (road and Tax map number) r 2 s 00 C 07— — 7. Is the parcel within 500 feet of a farm operation? { } Yes { } No 8. Is this parcel actively farmed? { } Yes { } No 9. Name and addresses of any owner(s) of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office(765-1937) or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. 2. 3. 4. 5. 6. (Please use the b s e if there are additional property owners) / 3 Signature icant Date Note: 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the. application is submitted for review. 617.20 Appendix B Short Environmental Assessment Form NOV 10 2029 Instructions for Completing ; abCZG C,0,,br D C 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: Project Location(describe,and attach a location map): q ,fin S0O cvrc� J / -e Brief Description of Proposed Action: l>Se S Q 6-C 6's Sbry s 05 Name of Applicant or Sponsor: Telephone: �/- = �Q 96 LAYl Y 0,&�l E-Mail: . d6r, G bh orlr °corn Address: d AW - City/PO: State: Zip Code: A4 k- 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 gov rnmental Agency? NO YES If Yes,list agency(s)name and permit or approval: P a,/(I x 3.a.Total acreage of the site of the proposed action? _�acres b.Total acreage to be physically disturbed? acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial )6 Residential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑Parkland Page 1 of 4 5. Is the proposed action, O YES I N/A a.A permitted use under the zoning regulations? '�: � v qu b.Consistent with the adopted comprehensive plan? -NOV.1 0 2021 X 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? ZG"g� � 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: V 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES X b.Are public transportation service(s)available at or near the site of the proposed action? x c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: x 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: X 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? X b.Is the proposed action located in an archeological sensitive area? X, 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: x 14. Identify.the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑ Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional ❑ Wetland ❑Urban '6Suburban 15..Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? X 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? NO❑YES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: 3.NO❑YES Page 2 of 4 18.Does the proposed action include construction or other activities that result in the impoundment of YES water or other liquids(e.g.retention pond,waste lagoon,dam)? (, Z11:i If Yes,explain purpose and size: �( NOV i 0 202i 19.Has the site of the proposed action or an adjoining property been the location o e4 gr - O YES solid waste management facility? If Yes,describe: 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE ,Q /r Applicantlsponsor arae: /✓ Q U [ D Date: Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering.the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 .16TOr Moderate r,F ilt% U small to large impact impact NOV 10 ZOZI maymay occur occur 10. Will the proposed action result in an increase in the potential for erosion flood' gAr. ¢ problems? C: s 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The LeadAgency 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 ko Board of Zoning Appeals Application AUTHORIZATION gO-V 128Z9 (Where the applicant is not the owner) c I, Donya Kaufer O'Brien as owner of 2500 Grand Avenue, Mattituck,NY (sctm: 1000-107-2- 16)hereby authorize my attorney,Patricia C. Moore,to act as my agent to apply variance(s) on my behalf from the Southold Zoning Board of Appeals Donya Kaufer O'Bri tr IVB APPLICANT/OWNERi�(��f 2 �� TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics Prohibits conflicts of interest on the vart of town officprslanIt 0@ffiLe6s:-TG'19rQse of this form is to Provide information which can alert the town of Possible conflicts of interest an allow it to take whatever action is necessary to avoid same. YOUR NAME : `"12M (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.H so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tag grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have.a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares.. YES NO If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF.RELATIONSHIP Submitted this day of ,20 Signature Print Name AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM .. NOV 10 2021 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 allowit o_take.whatev action is necessary to avoid same. 4UVA J�:b.,:Lo U.6- YOUR NAME: %( G( G ,'rD G � (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.H so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tag grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) (`r) 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. ,l YES NO If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this 4'da o ,20,2/' Signature Print Name , 0 Town of Southold /`/o/_ Cab tel LWRP CONSISTENCY ASSESSMENT FORM /l ub A. INSTRUCTIONS NOV 10 2021 1. All applicants for permits* including Town of Southold agencies, sa 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# /6 7 - (� - l The Application has been submitted to(check appropriate response): Town Board 0 Planning Dept. 0 Building Dept. Ed Board of Trustees El 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital construction,planning activity,agency regulation,land transaction) (b) Financial assistance(e.g.grant,loan,subsidy) (c) Permit,approval,license, certification: Nature and extent of action: IL CSS 624,ft S fud t 1 0 Location of action: �S 0 Site acreage: 00 , 1 Present land use: col �c�yGz X21 Present zoning classification: O 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: ��nva Lei ke U /6 Y eti (b) Mailing address: S�C�C� til � CG,G (c) Telephone number:Area Code F/ O/ (d) Application number,if any: Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes ❑ No N 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 [Z Not Applicable 124'e— 'I ( Y s l W J E /est Sf 1�Qore� Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria ❑ Yes 11 No M Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria 0 Yes 0 No PC�' Not Applicable Noy 10 2021 o Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria Yes 0 No Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria 0 YesEl No KNotApplicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. Yes 11 No Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. r r`t pi �,: :� Grob ❑ Yes 0 No Not Applicable NOV 10 2021 d'.hhJN9C�>mel� 6 r a Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. 0 Yes ❑ No �0 Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. 0 YeD No L'47LJ Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. 0 Yes ❑ No LAp Not Applicable ROY t 0 2021 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 Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III—Policies; Pages 62 through 65 for evaluation criteria. ❑Yes ❑ No® Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No DR] Not Applicable Created on 5125105 11:20 AM NOV t LAW- t v t - s �� x { --.— - ,� w �', _. �_ C,, �- � � �� meaty�. T EA y1� A�<� +` '-� ,. ... � \ � \� - , �� . �.... _ �, r �> 'J 3.�� s�;�} :r. >.k' ,. � �. �, NOV 10 2.02 Q `AAAWLAM_ w•• .' �t � A•C ,. 1. '` •�} � - a,yy • r +,� ♦f 11 '1 � ""'�-....� `�� 4�� �� _ _•..r a '.:, ._`,�1s•... ..... �/ ".. - ,• � �..mar.�.,y _, - n '1 w � P� DVq t r r t Do �1 Q� t �C-414 G f- E ms} g o o - 2'10 i Fro n a C. E k `s TOWN OF SOUTHOLD PROPERTY RECO OWNER STREET VILLAGE DIST. SUB. 'D .. . i w�r FIRMER OWNER N E ACR - Al S W TYPE OF BUILDING ri Y V RES. /0 SEAS. VL, FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS jr, -C A� 7 7,; 7AZ173 y R. -rq;re w.,e 7-4 7--e, 7 .1 '��fi Tq To 141-34-9 Z e�`/fir 7' 0 041 e t6 /-C A 4 E V aoee4s IW9, E, C S114,00 A-- slut AGE BUILDING CONDITION 19Z)7427/0 00L) NEW NORMAL i BELOW ABOVE oic to Kou; FARM Acre Value Per Value Acre Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD ON Meadowland DEPTH CZD House Plot BULKHEAD DOCK Total a'1"tin. ` ��}; a • 11 ,� " 30 ■■■i ■iii■■■■ �■■■■■■ ■■■■■ :..::':....:...r' ■■■■■■� �� ■■■■■ ■■■■■■ No rim■■■■■■■�i�■■■ri■IN win M Rim �i■■■ ■■■ ■ ■■ ■■■■■R�©■■■�I�!■�■■■■�■�� • ■ ■■ I�►F;i■ MEN=OMEN Elm ■ir■�■■Ola■■■■■■■■■ MMM Raw-M 01 .. ■■■■ ii■■ i■M■■■J■■■■■t■ '■■■■ ■C ME ME■ \■■ Basement . .. Wall Fire Place Type Roof Recreation 2.2su at�811 MGM " • s w ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: November 12, 2021 ZBA # NAME OF APPLICANT CHECK # AMOUNT TC DATE STAMP 7606 Kaufer-O'Brien, Donya 713 $500.00 RECEIVED NOV 1 5 2021 Southold Town Clerk TOTAL $500.00 Sent via Inter-Office to Town Clerk by: DW Thank you. DONYfA. LYNN O'BRIEN —f � 2SO0 V/ZANp AVENUE ' [ 3, v t y r }1sl*T c& 3 z ,i, s r x b ''+ •r. G..t t f-}.��'rc.;�i•' w Fy} .,,y n"rvz ''n5 *,--FX. .� ��e`:�.�•:."� �Y �i '.J,s �p hEy'l.jjt `.i44ak �..� �>��'(,,a P-s,�ate�Y �€dv �'4�"�''Ir"'Cn��''s V a'aua 'r£,�� ';g^S�''�a G•�d '.�it" `-j����{�z����� �'' .i n3a.,'""� T=fi k^' z•W0eFz 7ht a x"§ 3�^"y,r ` '�pa•� 5/ :t �;t N' ' , Y . ,, t r 0 K1 z? •�"S but*+ ...�`5 A .rX .t,�*r<a�e � f•. 1 ��. ✓ PMz`� ,�'wi9W Ar.tra `F'e s W��iz i Da1IaF5� a" ''a�`uora-uas -v. �5`3"Ltsah , ,,,y'.7' n ,� re"'tC n{BTdgeNampton Natronat'Bank *s u S f� z er4 Sts s + F ? r � v N ,r f ��h£, sham Hoad* `r ^F a r r 'Ma y Ga'�gY '-'+ r'..�'i" 41��`r+ '3v., x?h S m•a zs'y is "mss'.$ ' a+, 2FiZ;+' *`5 "' i Ato N�'�J� e vq q��� � +�� ,.1 +•S r..�a�.�. 4 .J- � k a {��;; �.A�5^ v ,� 3' � t a�=+'z$�fi �"�k39 .. tt '�'� � t`� �r ' ��� � t'`"�'7r rn�s�d';� •"�' .ryx�-x st? � r at#}� � � �xS•+r �? ri� iK� hd' .'v.ClM¢ � k 7 f�' ,y ✓�u`5 t j��["€+3v 7f yn"3.�5'F sr*?y.���l�•r.' v q !�r�.z 7 �}7. � ��rri r c iat3 .% `a ELIZABETH A.NEVILLE,MMC h� r/,j„ Town Hall,53095 Main Road TOWN CLERKp P.O.Box 1179 CA = Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICERTelephone RECORDS MANAGEMENT OFFICER �! .�`�� FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov 765-1800 www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A.Neville DATED: November 15, 2021 RE: Zoning Appeal No. 7606 Transmitted herewith is Zoning Appeals No. 7606 for Donya Kaufer-O'Brien: Notice(s) of Disapproval _.e!!fI'he Application to the Southold Town Zoning Board of Appeals ,/Applicant's Project Description Questionnaire Correspondence- Certificate(s) of Occupancy _,Building Permit(s) ,/Misc. Building Dept. forms (Certificate of Compliance, Housing Code Inspection, etc.) �,,/Misc. Paperwork-CW of r4-(&,�f Copy of Deed(s) Findings, Deliberations and Determination Meeting(s) _,ZAgricultural Data Statement Short Environmental Assessment Form _,,,"Board of Zoning Appeals Application Authorization Action of the Board of Appeals Applicant/Owner Transactional Disclosure Form(s) Agent/Representative Transactional Disclosure Form(s) ,/LWRP Consistency Assessment Form _,,,Photos /Property Record Card(s) Maps- ,/Survey/Site Plan ,Drawings own of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 11/15/21 Receipt#: 288018 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7606 $500.00 Total Paid: $500.00 Notes: Payment Type Amount Paid By CK#713 $500.00 Kaufer-O'Brien, Donya Lynn Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Kaufer-O'Brien, Donya Lynn 2500 Grand Ave Mattituck, NY 11952 Clerk ID: JENNIFER Internal ID:7606 NI orbs , —FC) �Ao�j on,)-TI Gico-n �l C=l v�.P i s cod Cr'�car v l 1 k\J-4,P, a-+ 2100 C v-�,� -(G- , c d©c)(- -- D -'on`{ V im. o'V�/ .J -Y Cc -s 9 k ,J\j S\cu-tr- Gt LC P1sS o�1 �u� l a.k n5 G 11 er �,'�der ' ) �2 ✓1� 6^ Q�� Ok I.ti e-4- eco 01--�d ins env j T 6Yy1-P1� ©rt vie,- ` �.,P�' 9 ay-i j LAC"t'✓ s w\"Vl oat- c-gGn s Y�c I ` MAR �202� I C?nnlD l MAR 3 2022 In Re: Application to the-Southold Town Zoning Board of Appeals on behalf of Donya O'Brien My name is Wayne Sailor. I own and occupy a residence at 2730 Grand Avenue immediately contiguous to Applicant Donya O'Brien's Grand Avenue residence. Please note my objection to the application and my request that the relief requested by the applicant be denied. I have reviewed the application and have a few comments thereon: Please note that the application seeks relief under the wrong section of the Town Code. Counsel cites sec. 280.13 which regulates usage in A-C, R80, R120, 8200 and R400 districts. The applicants property is in an R-40 zone which is regulated under Sec 280.17 of the Code. Sec 280.17 is silent as to the intended/proposed, and, I submit, the actual unlawful use outlined in the application. Furthermore, Applicant avers (in paragraph 2) that "No one else will use the art studio" She further avers (in paragraph 4) "There are no employees, this space is a private studio for Donya Kaufer O'Brien to create." She further avers (in paragraph 5) "there will be no discernible difference to....(amongst other things,) traffic..." She also avers (in paragraph 6) that "This is a private home with no display of the artwork" In response to the above I submit, based on my observation of the unlawful use of the � structure over the past 2 years that: v 1. Many people use the structure. There are frequently other people entering and remaining in the structure for extended periods of time, sometimes into the evening. 2. 1 submit that the structure is a place of employment where products are manufactured for sale online and elsewhere. A person known to me as "Rachael" is usually present and I further submit, is likely an employee of the applicant. 3. There is dally traffic of delivery service vehicles in and out of the applicants driveway suggesting to me that the applicant is running a commercial operation from the structure. 4. The Applicant does display "artwork" in the windows of the structure facing my property which is also visible from the public highway. I will make photos thereof available to the board. It should be noted that the applicant has editorialized on the internet categorizing the structure as a "Workshop." Evidence of such will be provided to the board. In conclusion, I respectfully submit that the use outlined in the applicants pleading is a pretense and if granted the relief requested, will continue to be used as workplace for the manufacture and sale of goods and a place of employment for persons other than the applicant. VA Ak I r 9� 1 J 41 4 rM i ♦ r r i y d c � 3 �i �b a P Printed: 02/24/2022 Attached Photos Page: 1 For 22-002117-BL C . r No Description No Description 2/15/2022 7:08:52 PM 2/15/2022 7:08:59 PM -a Gu ry , rr� i N POLICE SOUTHOLD TOWN POLICE DEPARTMENT If �yJSHO 414o5 ROUTE 25, PO BOX 911, PECONIC, NY 11958 (631) 65-2600 -FAX (631) 65-2715. f° °EOIGAO Martin Flatley Chief of Police �Blo..tte �2�fl_0�2�1�17 E3L„f .RatjW-2/I15/�20.2r2 Call Type:Police Information Caller: SAILOR,WAYNE Caller Address: 2730 GRAND AVENUE,MATTITUCK NY 11952 Caller Phone Number: (631)-300-8745 Location Name: SIMONS ROBERTA P Location Address: 2850 GRAND AVE,MATTITUCK NY 11952 Cross Street: Disposition: CC ISSUED PERSONS INVOLVED Name: SAILOR,WAYNE Role: Caller Date of Birth: 11/01/1966 Sex: M Race: WHT Address: 2730 GRAND AVENUE,MATTITUCK NY 11952 Phone Number: (631)-300-8745 Phone Type: Cell Name: Role: NI Date of Birth: 04/13/1971 1 Sex: F Race: WHT +� r Address: 2500 GRAND AVE,MATTITUCK NY Phone Number: (631)-905-910i Phone Type: Cell - Phone Number: (631)-905-9105 Phone Type: NARRATIVES Sailor contacted STPD to document concerns about a neighbor at the above I/L. ` tlor sta Cl H. '�tl'_ i Q T123T 11u' l� lht'ee tllir?aS 1'ii a r 1 yz f h!1e - - � tl. t -. �'ndo:' 'Q �d-1 r ��-. �i an T1,er lam` " -:{ Sailor stated the three pictures consisted of nude figures. He stated t e pictures have been up for about a week and he sees them clearly when he goes to a wood pile he has along the property line. Sailor stated although he has a refrain from order of protection against O'Brien he was more concerned about the welfare of O'Brien's daughter seeing the pictures. POLICE SOUTHOLD TOWN POLICE DEPARTMENT E 41405 ROUTE 25, PO BOX 911, PECONIC, NY 11958 (631)765-2600 -FAX 6 1 6 2 1 I ; ( 3 )7 5- 7 5 s F0�1N[IEO16A0 Martin Flatley Chief of Police Blotter#:22-002117-BL Date: 02/15/2022 Time: 1708 Sailor showed the undersigned the pictures, three in total, which appeared to be drawn and could be considered artwork. One displayed two naked women (one facing forward and one facing away), the next displayed a naked male figure, and the third displayed two naked women with one sitting on top of the other. The undersigned advised Sailor the pictures are on O'Brien's private property and do not violate the order of protection. Additionally, although Sailor may find the pictures to be weird, O'Brien is within her right to hang them and allow her daughter to see them if she wishes. Sailor was advised his concerns would be docurnented. Attached are photographs taken by Sailor of the aforementioned pictures. No further action taken at this time. 02/15/2022 18:57 -- CROSSER, JOSEPH (1596) -- Pu,-tt I�a$ Sz r ►�13j JOSEPH CROSSER GREGORY SIMMONS i 5 tikes metalmonkjewels Hi there.There is a public zoning meeting this Thursday at 1=15, Affl (AWM Southold Town Hall,regarding my residential as built workshop(it was here when I bought the place 20yrs ago) Code has been here a millions times over false allegations thanks to a neighbor that stalks&harasses me.l'm NOT running a retail store out of my residence,or a sweatshop,or other nefarious:alleged � activities.I've had my Greenport store for 20yrs,always donate to our local events, grateful to have my small biz survive covid, and VERY excited to be bringing in more USA Made Artwork soon. I'm sure this bully is looking forward to going on a tirade about me...you think this person would have better things to do.We have survived a pandemic, now this awful war-bullies and harassment should not be tolerated.I'll be all decked out wearing a one of a kind neck I'm creating for the event as my attorney suggested I bring some examples of my work. I look forward to holding my head high in front of the ZBA and gladly answering any pertinent questions regarding my creative space at home. It would be nice to have some supportive voices there..l plan on auctioning off this necklace I'm creating for the ZBA event after. Proceeds to benefit VIBS.Victims Information Bureau Suffolk County.They provide emotional support,counseling,and more to survivors of assault,stalking,and domestic violence. Thanks for your consideration-Donya xoxo 1 View all 2 comments 3 hours ago v N i v PATRICU C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel:(631)765-4330 Fax:(631)765-4643 441? 2Q�? March 25, 2021 Wayne Sailor. 2730 Grand Ave, Mattituck, NY 11952. Regular & Certified mail return receipt Re Donya O'Brien 2500,Grand Avenue, Mattituck Dear Mr. Sailor: .I represent your neighbor, Donya O'Brien, and you are hereby on notice that you are in violation of New York State Civil Rights Law Section 52-a, known as the Backyard Surveillance Law. Remove your camera and/or video imaging of my client's property immediately. In accordance with the law, my client has a right of action for damages against you for the unwarranted and unauthorized surveillance of my client without her written consent. Based on your actions, your unwarranted and unauthorized surveillance of my client are intended to harass, annoy, or alarm my client, and have been used to threaten my client. Thank-'you: Patricia C. Moore William Duffy, Town Attorney Mr. Bloom, Code Enforcement r STATE OF NEW YORK 870--A Cal. No. 1380 2017-2018 Regular Sessions IN SENATE January 5, 2017 Introduced by Sen. YOUNG -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- committee discharged and said bill committed to the Committee on Rules -- ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the civil rights law, in relation to establishing private right of action for unwarranted video imaging of residential premises The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The civil rights law is amended by adding a new section 2 52-a to read as follows: 3 9 52-a. Private right of action for unwarranted video imaging of resi- 4 dential premises. 1. Any owner or tenant of residential real property 5 shall have a private right of action for damages against any person who 6 installs or affixes a video imaging device on property adjoining such 7 residential real property for the purpose of video taping or taking 8 moving digital images of the recreational activities which occur in the 9 backyard of the residential real property without the written consent 10 thereto of such owner and/or tenant with intent to harass, annoy or 11 alarm another person, or with intent to threaten the person or property 12 of another person. The provisions of this section shall not apply to 13 any law enforcement personnel engaged in the conduct of their authorized 14 duties. 15 2 For the purposes of this section, "backyard" shall mean that 16 Rortion of the parcel on which residential real property is located 17 which extends beyond the rear footprint of the residential dwelling 18 situated thereon, and to the side and rear boundaries of such parcel 19 extending beyond the rear footprint of such residential dwelling 20 § 2. This act shall take effect on the thirtieth day after it shall 21 have become a law, and shall apply to acts occurring on or after such 22 date. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [—] is old law to be omitted. LBDO1758-05-7 HEARING OUTLINE MAR 3 2022 INDICATE REASONS FOR REQUEST—Please indicate portion of the Southold Town Code you wish the Zoning Board of Appeal to render a Decision and give explanation. Furthermore, if prior determinations of this Board should be considered when making a board determination, please list them. (Please be specific. Additional sheets may be used with preparer's signature notarized): The structure is a 16'x 22'garage, located in the rear yard on a one-acre parcel, ata conforming location and which was issued a CO in 1987, the building permit was for "accessory Structure"and CO for "accessory garage". The applicant's x-husband added a space heater and used the structure as a "workshop". The applicant is an artist and the workshop continued to be used by the applicant as an artist's workshop. In 2020 the accessory building needed maintenance work, roof shingles were replaced, existing interior (open rafters) were painted white, and the garage door and windows were replaced "in place" without any structural changes to the structure. The neighbor called code enforcement and the applicant was directed to obtain a building permit for the non-structural changes to the accessory structure and the existing space heater. A building permit was filed for the space heater. In addition, because the workshop was being used by an artist a ZBA application was required. The applicant had to obtain "sealed construction drawings" (as noted on the plans, there were no structural changes), and a new survey had to be obtained. The Board has determined in prior decisions that for a workshop/art studio use to \ be considered incidental to a principal use, they must maintain a personal and/or hobby aspect to them and not become a more commercial type of use. The applicant has a retail store in Greenport (Metal Monk) and the studio at home provides personal space to be creative. In Wilson-Ryckmann decision# 7454 dated 2/4/21 and Louis &Erin Nardolillo decision#7457 dated 2/4/21 the Board states that they are providing a code interpretation to provide clarity about the accessory uses and whether they are allowed" i the Board stated," Since neither a "work-shop nor an "artist studio"is an allowed accessory use, if it is to be considered an allowed accessory use, the Board would have to conclude that the use is "customary and incidental to the principal use", which in both matters before the Board is a single-family residence. As set forth below, the Board has concluded that under certain conditions, both proposed uses should be considered customary and incidental to a singyle-family residence and therefore, allowed accessory uses in accessory structures" The Board further found that 'Based on the number of times this has been before the Zoning Board, it would appear that this type of artist studio or workshop is customary use to a single-family residence" For the use to be an allowed use, the use is not only customary to the principal use, but also, it is incidental to the principal use...to that end, the Board has determined that the following elements/conditions led to the determination that these uses are customary and incidental to the principal use: 1. Such use is incidental to the principal residential use on the premises. This is Donya Kaufer O'Brien's home for her and her daughter. The art studio is incidental to her residential use of the house. The existing structure remains a residential accessory structure. 2. The.artist's studio/workshop in an accessory structure is not rented to or used by anyone other than the property owner of the principal dwelling. The space has been a garage and work shop. The owner has created a space which is open, airy,private, and quiet. Her home in Mattituck provides a relaxing environment which is critical to the artist. The Town of Southold attracts artist. Creative spaces are needed to foster the artist creativity. No one else will use the art studio. 3. No individual or group instructions, classes_or demonstrations related to the production/fabrication of crafts/art works in the studio/workshop may take place on the property. Applicant will not give lessons; this is her private area. 4. The property owner may not employ or engage unpaid assistance by any other persons(s) in relation to the production/fabrication of art/crafts in the accessory structure. There are no employees, this space is a private studio for Donya Kaufer O'Brien to create. S. There is no exterior effect at the property line such as noise, traffic, odor, dust, smoke, gas, fumes or radiation. There would be no discernable difference to the exterior, the interior space is used, and the art does not produce any noise, traffic, odor, dust, smoke, gas,fumes, or radiation. 6. No display of products/artwork/crafts etc. is visible to the street. This is a private home with no display of the artwork. The accessory building is in the rear yard of the applicant's home. 7. No sales to the public are permitted on the subject property. No sales are proposed from this property. Applicant sells her commercial work from Metal Monk shop in Village of Greenport. 8. Plumbing in the accessory structure is limited to a half bath (toilet and sink) and a utility sink. There is only a space heater installed by the X- husband, there is no insulation in the walls or water. If a Y2 bath were ever desired, the applicant would obtain the required permits for the Y2 bathroom. There are electric and window air conditioners. 9. Activities in the artist's studio/workshop in the accessory structure are limited to the production of crafts and works of art such as painting, sculpture, photography, ceramics, weaving/textiles, glass art (but not glass blowing), and personal woodworking/carpentry and auto mechanics on vehicles belonging only to the property owner. Applicant creates with beading and textiles. 10.No sleeping or cooking is permitted in the accessory structure. No sleeping or cooking is proposed. 11.An accessory structure used as an artist's studio/workshop may only contain that one use in addition to non-habitable (unfinished, open rafters and stud walls) storage of general household items, garden tools and/or vehicles. Only one use is proposed 12.An accessory apartment in the accessory structure is not permitted unless the artist's studio/workshop use is removed, and a special exception permit is obtained from the Zoning Board of Appeals. No accessory apartment is proposed. 13.The following uses are not, by this determination, considered to be permitted uses in an artist's studio/workshop in an accessory structure, as defined herein and are prohibited: workout/fitness activities, recreational activities, and home offices (as defined in the Town Code). 14.This application is for an art studio to be used by the owner. Timeline: Owner working on their House. 10-20-20 Lester Bloom investigated in response to complaint by Wayne Sailor "observed construction that did not require a building permit" ..."OK to close" 10-21-20: Owner issued a permit BP# 45366 (for replacement of windows)- 10-23-20 close complaint (Lester Bloom) 12-23-20: Complaint by Wayne Sailor- false claims filed: "walls have been reframed to make livable space for a studio and a retail location in a residential zone"- "I demand action be taken and a stop work order be issued immediately what is the Town doing about this" Sailor "personally witnessed and documented" (video taping into yard) Sailor "Owner states on social media that this is going to be her "Mattituck Secret studio'. 12-24-21: Sailor Complaint- "Enforcement and the building Department do nothing after months of reporting this illegal activity...this will be my last complaint logged on line" 12-28-20 Wayne Sailor- complaint " illegal work still continues daily on an "accessory garage" without a permit. This has been reported multiple times to Code Enforcement" 12-28-20 "J. Bloom "directed"to issue violation for existing accessory studio- check breaker panel, smoke detector & wood stove w/o building permit/CO" (Wood stove in place since 1987 CO) 12-28-20: Bloom-Notice of Violation: Please call him. 1. Label electric panel 2. Install smoke detector 3. Apply for building permit for wood stove (NOT USE ISSUE) 1-4-21 Sailor Complaint - why Town has not addressed continuing violation 1-6-21 Sailor Complaint "I have submitted multiple complaints and multiple inquiries in regards to work without a permit and the use of a wood burning stove without a permit at the above location" Currently both of these issues have continued to date this 1/06/21" 1-7-21 (9:49 am) Sailor Complaint "continued work without a permit? Wood burning stove being utilized without a permit? Please contact me via email on why this is continuing after I was advised the homeowner is aware there is no permit in place for either stated above? 1-7-21 (3:40pm) Sailor Complaint: Code enforcement was at the above location today @est.1130 in regards to work without a permit and no permit for a wood burning stove which I was informed the home owner said they would get all the proper permits Owner feels that she can disregard an order by Code Enforcement and the building Department rules with no threat of enforcement and continue to operate without a permit. So I would like to know what is going to be done it seems there is a obvious ignoring of the rules when it comes to the owner, and the Town when it comes to 2500 Grand Ave. 1-4-21: Building Permit application 1-6-21: "notice of violation" ( Bloom ) 1-13-21: Notice of Disapproval: accessory art studio not permitted use Now need new survey & building plans drawn by hand ZBA- needed engineered drawings (even though no structural changes were made to the building) 2-3-21: ZBA interpretation of accessory use (Art studio) 3-25-21 NY Civil Rights Violation- 52-a - back yard surveillance law (served Wayne Sailor)- still has cameras pointed at back yard and driveway (monitor who is on property) Updated Notice of Disapproval: 10-15-21 Filed ZBA appeal: 11-3-21 HEARING 3-3-22 (4 months) : 1 SO r� r.. �► v♦ t� ROy A �* �M��l� .� `•���..�•i.� ( � Y .W .�mei 16 OT �► „ �r for r^ }T Y t !' • as s� �!r'�,:ra t®r 4' r_ r dI i r .� it IF"• �. q47 to ». � _ �'� �, •,ter air O• i A •�!e..,..�., 7r � - - tet„ �• r �I ti x S RE Application 7606 with the ZBA, scheduled for March 3 , 2022 . Submitted by owner of 3400 Grand Avenue , Mattituck, NY 11952 . RAP -2 POP Dear ZBA Chairman and Board Members : After reviewing Application 7606 I am submitting my very relevant concerns regarding the above application . Frankly I am not sure how this application was filed in good conscious by the applicant or her attorney with its blatant inconsistencies and untruths disguising the use of an accessory garage as a "personal art studio" when clearly with a little leg work, observation of said property, and social media it could not be further from the truth . • Application page (2 ) states that there is an existing space heater installed by applicant' s ex-husband . Refer to Condon Engineering Drawings page (2 ) : It states there is an existing wood burning stove . There is no existing permit for or pending application for a permit for said wood burning stove by the applicant . If you walk my property, as I do quite often, it is clear to the naked eye that there is a wood burning stove, as it is spewing smoke on an almost daily basis . • In #2 the application goes on to say that the space will be used only by the principal property owner . Clearly an emboldened lie I { have seen numerous people that are not Ms . O' Brien or her daughter, in and out of the structure . Men, women and trade workers . I even got to witness workers urinating outside while they were working on the structure, as there was no visible Port-a- Potty . If my word is not sufficient, reference social media, Donya O' Brien, Metalmonk, there are numerous videos of her inside the studio with others , working as well as collaborating . Go to instagram #metalmonk, #secretstudio, #secretstudiomtk . This blatantly contradicts #2 , 3 & 4 of the application . o With regard to #5 as to no noise, traffic, smoke, etc . Clearly there is smoke from a wood burning stove (that has NO permit) or the applicant' s studio is on fire . As to traffic there is a plethora of UPS , FedEx, and Amazon trucks coming and going . I could go on to pick apart the rest of the application and its inconsistencies , but I have proved above and beyond that the ZBA should deny this application based not only on its merits of conformity, but maybe even moreover on the said lies stated in the application to create a favorable outcome for the applicant . Clearly by looking at the pictures in the application and personal observation the work has already been done . The structure should have to be put back to its original state and the proper steps truthfully taken to have this application even considered . This is an obvious case of asking e for forgiveness rather than permission . If approved it sends a message that one can do whatever they like rather than following the protocol set by the Town and the Building Department . Is that the message the Board is looking to convey? i Le RE Application 7606 with the ZBA, scheduled for March 3 , 2022 . Submitted by owner of 3400 Grand Avenue, Mattituck, NY 11952 . Dear ZBA Chairman and Board Members : After reviewing Application 7606 I am submitting my very relevant concerns regarding the above application . Frankly I am not sure how this application was filed in good conscious by the applicant or her attorney with its blatant inconsistencies and untruths disguising the use of an accessory garage as a "personal art studio" when clearly with a little leg work, observation of said property, and social media it could not be further from the truth . • Application page (2 ) states that. there is an existing space heater installed by applicant' s ex-husband . Refer to Condon Engineering Drawings page (2 ) : It states there is an existing wood burning stove . There is no existing permit for or pending application for a permit for said wood burning stove by the applicant . If you walk my property, as I do quite often, it is clear to the naked eye that there is a wood burning stove, as it is spewing smoke on an almost daily basis . • In #2 the application goes on to say that the space will be used only by the principal property owner . Clearly an emboldened lie I r have seen numerous people that are not Ms . O' Brien or her daughter, in and out of the structure . Men, women and trade workers . I even got to witness workers urinating outside while they were working on the structure , as there was no visible Port-a- Potty . If my word is not sufficient , reference social media, Donya O' Brien, Metalmonk, there are numerous videos of her inside the studio with others , working as well as collaborating . Go to instagram #metalmonk, #secretstudio, #secretstudiomtk . This blatantly contradicts #2 , 3 & 4 of the application . • With regard to #5 as to no noise, traffic, smoke , etc . Clearly there is smoke from a wood burning stove (that has NO permit ) or the applicant' s studio is on fire . As to traffic there is a plethora of UPS , FedEx, and Amazon trucks coming and going . I could go on to pick apart the rest of the application and its inconsistencies , but I have proved above and beyond that the ZBA should deny this application based not only on its merits of conformity, but maybe even moreover on the said lies stated in the application to create a favorable outcome for the applicant . Clearly by looking at the pictures in the application and personal observation the work has already been done . The structure should have to be put back to its original state and the proper steps truthfully taken to have this application even considered . This is an obvious case of asking for forgiveness rather than permission . If approved it sends a message that one can do whatever they like rather than following the protocol set by the Town and the Building Department . Is that the message the Board is looking to convey? BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson "OF so�I�y 53095 Main Road •P.O. Box 1179 �Dantes ®!IO Southold,NY 11971-0959 Patricia ra Office Location: Eric antes N Town Annex/First Floor, Robert Lehnert,Jr. �p� 54375 Main Road(at Youngs Avenue) Nicholas Planamento OIy"Oum Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809 •Fax(631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MARCH 3, 2022 at 10:00 AM PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following "IN PERSON" public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, MARCH 3, 2022: The public may ALSO have access to view, listen and make comment during the PUBLIC HEARING as it is happening via ZOOM WEBINAR. Details about how to tune in and make comments during the PUBLIC HEARING are on the Town's website agenda for this meeting which may be viewed at http://southoldtownnv.gov/agendacenter. Additionally, there will be a link to the Zoom Webinar meeting at http://southoldtownnv.govlcalendar.aspx. 1:30 P.M. -DONYA KAUFER O'BRIEN #7606—Request for a Variance from Article III, Section 280-13 (C) and Request to Overturn the Building Inspectors October 15, 2021 Notice of Disapproval based on an application to legalize an as-built conversion of an existing accessory garage to an artist studio; at 1)the proposed use in the accessory building is not a permitted accessory use; located at: 2500 Grand Avenue, Mattituck, NY. SCTM No. 1000- 107-2-16. The Board of Appeals will hear all persons or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review on The Town's Weblink/Laserfiche under.Zoning Board of Appeals(ZBA)\Board Actions\Pending. Click Link: http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. If you have questions, please telephone our office at(631)765-1809,or by email:kimf@southoldtownny.gov. Dated: February 17, 2022 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 �Og11FF0(,�� - ��� ®� Town Hall Annex, 54375 NYS Route 25 o P.O.Box 1179 Me Southold,New York 11971-0959 Fax(631) 765-9064 o ZONING BOARD OF APPEALS DATE: February 1, 2022 Dear Applicant; Pursuant to the New York State Governor's announcement lifting many COVID-19 restrictions, the Town will now resume IN-PERSON meetings that are open to the public. For those who wish to attend the meeting virtually, for health and safety reasons, we will continue via Zoom Webinar, as well. Therefore, the March 3, 2022 Zoning Board of Appeals Regular Meeting will be held BOTH in person in the Town Hall Meeting Room at 53095 Main Road, Southold AND via video conferencing (Zoom Webinar), and a transcript will be provided at a later date. The public will have an opportunity to see and hear the meeting live, and make comments. Belowasetsee instructions required to prepare for the. ZBA public hearing which includes:; PLEASEREAD CAREFULLY. - 1. Yellow sign to post on your property a minimum of seven(7) days prior to your hearing,to be placed not more than 10 feet from the front property line (within your property) bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both street frontages. PostinLy should be done no later than February 23,2022.To avoid weather damage to your sign please affix it to a sturdy surface such as plywood.If your sign is damaged please call the office and we will provide you with another one. Prior to your public hearing, members of the Board of Appeals will each conduct a personal inspection of your property. If a Board member reports that there is no signage visibly on display as required by law,your scheduled hearing will be adjourned to a later date to ensure compliance with Chapter 55-1 (B) 1 of the Town Code. 2. SC Tax Map with property numbers. 3. Legal Notice of in person meeting,as well as video conferencing. Instructions for participation will follow, and will be posted on the Town's Website under the meeting date, and the Legal Notice section of Suffolk Times Newspaper. 4. Affidavits of Mailings and Posting to be completed by you, notarized, and returned to our office by February 24, 2022, verifying that you have properly mailed and posted. Please attach a photograph of the posting on your property with your affidavit of posting. 5. Instructions for Laserfiche/Weblink to view application. Instructions for ZBA Public Hearing'` '- Page 2 MAILING INSTRUCTIONS: Please send by SPS Certified -Mail-, Return Receipi the following documents to all owners of property (tax map with property numbers enclosed) vacant or improved, which abuts and any property which is across from any public or private street. We ask that you send your mailings promptly so that if any piece is undeliverable, you can reach out to your neighbors to request their mailing addresses, and re-mail. Mailing to be done by February 14,2022. a. Legal Notice informing interested parties of meeting being conducted IN PERSON and via video conferencing. (Enclosed) A WEBLINK to the meeting will be provided on the Town's Website under the date of the meeting. b. Your Cover Letter which should include your contact information, date and time of hearing, procedures for submitting written comment via email or USPS to our office. Recipients should be able to contact you for additional information. Furthermore, if recipients need to contact the ZBA staff,they may telephone 631-765-1809 or email us at kimf(a)southoldtownn gov or elizabeth.sakarellos@,town.southold.py.us c. Instructions for Laserfiche/Weblink to view all pending applications. (Enclosed) Link to view pending applications: http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. d. Survey or Site Plan depicting"as-built" and proposed improvements requiring ZBA relief. The Town's Laserfiche/Weblink files provides both location addresses and mailing addresses in their current Assessment Roll listing. (See Link Below). Also,the Town Assessor's Office can be reached at 631-765-1937. Contact us via email or by phone if you need further assistance. TownOfSouthold>Assessors>Assessment Books/Tax Rolls>2010-2019>2019 http://24.38.28.228:2040/weblink/O/doc/I022250/Pa eg 1 aspx. 11- 1 1 NMTNSMRI sCTL®yNrS � ,, Scan and emaiil the i�T}S+PS mai'lmg reds;green signature-cards and aff clavi,S--":o kimf' southoldtownrn 'ou; a3nc. d`* PR�®1�!IPTLYVSPSkl�!IEiI'L** tChe ORIGaINALSt% :the Tkown oaf Southold, ZBA, POBo9,,.Southold �N;Y :1�1�9�,7�1 ��; xi V11 E Please note that without your mailing receipts, the ZBA will be prevented from conducting your hearing,pursuant to Chapter 55 of the Southold Town Code and New York State Law. Please note that you or your representative are required to attend. If you or your representative are not present, the hearing will be adjourned to the next available hearing date. Please be reminded that New York State Law requires the ZBA to follow the above specific policies. If for any reason, you are unable to prepare for your public hearing as instructed,please let us know. Kim E. 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Relevance v f i' Records Managenenl • 97016 ' 1rr�e name •'i 'Board Actions-83 pagets) '.1 t Choose RDId _E.( Page count:83 Template name:Board Actions ' .;� OEM- Page 3_.:Colin and Kristen Cashel PROPERTY LOCATION-162 Low-Shingfe RK El4h&_ ' •sP- '.' ."� Page n-.19.2017 07016.Cashel SCTM No.70069-1-26 minirri0s apprwat to remo_ • •+ ti,j' Page 5_.y 19,2017 97o16.c2sh'el sero No.10069-1-26 6RANT,the varWrKes as_ k„U reruns Page 9...COLIN&KRISTEN CAA IEL SECTION 009 BLOC- Page 20_.Thomas Ahlgren(bshetl,PO Box 342 Hikers Istar;&NY_ Show more information... 97018 • '�; "i - Board Actions-56 page(s) . Page 2o0nC 56 Template name:9oard'Actions-Ij ' ..I Page,49 9:30 A.1A:{OGN WHELANOYariamoisunderArtlde lcLSL tMo6 ANN_- '+ . Pi a48anc s K.RSTEN CAS41a701Request propos. ed trellis located In othecTha._ . .. - . .. 'f - �" .L Show more intormatiorl_. - .. i J Above: Shows you files that can be found using a phrase, name-de title. 'Or.you can'search by' Tax Map No. (District, Block.and;Lot)�using:the format 1000.411.-1-1.' :Laserflche WebLink' .. -:'• .fin --..._. __._ .. ._ _' - _ . -. liaXl+'s .:.:. ;`Ahwetil,nk-�"N0!pT AbwnJ:Sq 'Home Browse Search _. To.yT10t5ouNokl>Zoring Boartl o(Appcals(28AJ>MlnlitesiAgeOdas/laga]Nottcesntearlrlgs Minutes/Agendas/Legal..._.. ♦..r+a_R y__._. _.-_-. ._...._.�_�....__ -P ge-c unt--� i-ME V, Notices/Hearings ! 1957-1979 'N (.^.:-.: . :.:�. ;' �,:'....• (^iJ 19861999 .... ........ .... ...... .... _. ..... .. .,... .... _ ... . ....... ...... t Entry.PropeNes.•':'•.' ' .. . ... ... ' 0 20062009 - Path - TowirOfScutt:ndllu Ing Bund f�2010 2011 ' tztWVdinuic-�•%3aldas/tegd ...---- ..._. ... t�bnte5/fiearings Y 2012 .... _ .. Creation date w2013 _ - -- 7r1N'00t 257:[0 PM2014 .. .... _._..._ .. Last modified _ ' �2015 1?/1b20tE7.15:.t PM i ; .. -... -..... _ _... .._. ........... . .. .. -..... ...... __.._. • '7 2016 z:tdetadata x2017 No rrletadala assigned - Page 1 of 1 - 71 Enu Demi-n nuvreinin cri'rfpa.e,ng4n+fi4 W.Mn�1FfyL:]�N Fue<�cd.Di�n.•w _. .. ^__ Above: Also, Minutes, Agendas, and Hearing Transcripts can be viewed. Laserfiche Instructions ZBA Files Page 5 - �. . � 4ryWebUnlc 7 AbPut i.._ Home Browse Search., Tor+nO(Sorrihotd 7.omrlg Eaard of'ppA71s(ZB.U.�.bunutes/Agehdas/Legal Nohces/Heanngs?'2017 r; r z 2017 - r }'Name Nage count aY2 �. H . r .ZBA-01l05/2(17 ---—""--.•-`�.—,—�7 Y•_ - . FntryPropertle3s - .i„ -.-__._.- `'— --- ----- ----- -------- ------- --- -. -- -�•�" [ ZBA-01/05/2017 Agenda 4. �i Path ,. ZBA-oil05tm17Hearing' �... T _.....__._._..._..._......_.____ __._. OMO tholdlZoning Board .. . r-.: cfAppeals i 29A-D1/D5=17LN ....3- .....__ _ ........ (ZBN1R4nUtes(l&endaslLega1 :. NOticesRieartng92017. R1 MA-6111912017 Z _.. _ ._.-...._.._. _. ...... .. • i Creation date _.- _:..................... ..._-�._.-...._ .-. :..,_.,._. ._.- ._..._....-. .._ .. _ _. t2/16P20162:15:14PM `' ' , La'stmodlhed i' -1 r3 ZBA-021O2r10t7 Agenda G/ 19QD77453:59PtA _..._...._._._..__....._....._ ____... .... ._..__.._._._..._.__..__.._.._._.__ . <} ZBA02/0217D77 Hearing 45 i .: ... ZBA-07/0212017 LN 3 - ''I zBA-0711612017,Agenda. 3. No metadata asslgred .t. _ .:......... .. ... .:_.. ....._.:.. �.. ...__. _..-._..........._. ..._ .... .. ... ,...... __... ._.,. .. �]ZW,07%16R017 svecWl .... 3 ZBA-03/02,01 --. ......_..- -....... ................-- . M FeS6fv±P tl�7fPs2 ZBA-03/02/m17 P8enda 4 k Z8A-03/02/2017Heating 65 t&Z8A-03l1=OWLN 3 . ....... ,::' a ZBA-03116/2017Agenda 3 .. ..: . -Cs ZBA03/16'R0175pedal 3 ` ZBA-OS/052017 5 . . �.: .................. ........... Agenda _...... ......... ___ .....__- ..__.__-..._...._....._........_-.... _. ,,r. .Z&1-0a106/2077 Hearing.. - 45 Above Agendas; Minutes and7ranscrpts are in chronological order. Revised 6/15/2020 i4CoTit'," E UF HEA �+I � The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold The application will ALSO be available VIA ZOOM WEBIidAR - Follow pink - httpm.//southoldtownny. gov/calendar.aspx FAME m. KAUFER, DONNA # 7606 sCTM # : 1000- 107-2- 16 VARIANCE: OVERTURN BUILDING DEPARTMENT'S - NOTICE OF DISSAPROVAL PEQUESTm LEGALIZE AN AS BUILT CONVERSION OF AN EXISTING ACCESSORY GARAGE TO AN ARTIST STUDIO DATE THURS. , MARCH - 3 , 2022 I :30 PM You may review the file(s) on the town's website under Town Records/Weblink: ZBA/ Board Actions/ Pending. ZBA Office telephone (631 ) 765-1809 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK A-7 ---------------------------------------------------------x In the Matter of the Application of AFFIDAVIT KAUFER OF MAILINGS Appeal # 7606 SCTM Parcel #1000-107.-2-16 -------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, JAIMIE LENGYEL, residing at CUTCHOGUE, New York, being duly sworn, depose and say that: On the 11th day of FEBRUARY, 2022, 1 personally mailed a true copy of the Notice set forth in the Zoning Board of Appeals Application, directed to each of the persons listed on the attached list at the addresses set below their respective names; that the addresses set below the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said notices were mailed at the United States Post Office at Southold, New York, that said Notices were mailed to each of said persons by CERTIFIED MAIL/RETURN RECEIPT. Attached hereto is the white receipt post-marked by the Southold Post Office on said date. JAIMIE LMQGYEL S orn to before me hi 1 a F BR Y22 (Not!!7 blic BETSYA PERKINS Notary Public,State of New Yo* No.01PE6130636 Ouaiified in Suffolk Cou Commission Expires July 18,IL15 it Kaufer (O'Brien) Mailing List 107.-2-8 107.-6-13 Wayne Sailor Richard C. Ernst PO Box 317 Richard H. Ernst Mattituck, NY 11952 2605 Grand Ave Mattituck, NY 11952 107.-2-4.3 Sailor's Haven Inc Box 317 ACRES Mattituck, NY 11952 107.-2-9.1 Otha Mealy PO;Box 469 Mattituck, NY 11952 107.-2-9.2 Nicole Mercurio 2300 Grand Ave Mattituck, NY 11952 107.-6-12 Piotr & Alison Uklanska 55 Knollwood Ln Mattituck, NY 11952 I ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------------X (�0 In the Matter of the Application of AFFIDAVIT KAUFER OF POSTING #7606 Regarding Posting of Sign Upon Applicant's Land Identified as 1000-107.-2-16 ---------------------------------------------------------------X COUNTY OF SUFFOLK) STATE OF NEW YORK) I, PATRICIA C. MOORE, of Southold, New York, being duly sworn, depose and say that: On the 21St day of FEBRUARY, 2022, 1 personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance*; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be THURSDAY, MARCH 3, 2020 at 1:30 pm. atricia C. Moore Sworn to before me this 23 day of February 2022 e otary u I' BETSYA.PERKINS Notary Public,State of New York No. 01PE6130636 Qualified in Suffolk Count��,/ Commission Expires July 18.61 • .. . . . . .. . A. tu . .. . .. .... . . Agent AddresseeMOORE LAWOFFIC'ES'.' ` ' -51020 MAIN' R'OAD' x SOUTHOLD NY 11971 B. Received by(Printed C. Date of Delivery 1. Article Addressed to: D. Is delivery address different Vmjadm 1? 11 Yes If YES,enter-delivery addret.%,delow: 0 No OTHA MEALY PO BOX 469 C MATTITUCK NY 11952 C) I 11111111111111111111111111111111111 �`�'i IIIPS 9290 9902 7906- 6900 0009 66 2. Article Numbergransler from service =S.-i.e T! N Certified Mail® 13 Certified Mail® 0 . go label) 6 2 Restricted Delivery -.9 214 . 7.9. 7 6. 6900 .00 . . . . . . . . . . 1 . . . ] 3811 rac:�,-i irriflo,-Ju y 2015- : Domestic Return Receipt P8 �Fo' rm Ar'Signa f--,El Agent MOORE LAW OFFICES ElMdressee 51020 MAIN ROAD x SOUTHOLD NY 11971 B. Rvd by n ed Name) C. Date Bt Delivery,.t—T 1. Article Addressed to: D. Is deliv)my4ddress different from item 1?N`I7lyes If YES,enter delivery address below: SAILOR'S HAVEN INC BOX 317 ACRES MATTITUCK NY 31952 � I II 11111111 III I II 111111 9290 9902 7906 6900 0009 59 2. Ar le Numbeorransfer from service label) 13. Service Type 181 Certified Mail® El Certified Mail® 79 .0,009,._55 Restricted Delivery 4 .7 9 .00 r . .92 Q6 :�7 Domestic Return Receipt !(iS:F6ffii38if F,,a: C`S'iMi16,:JU1Y2015' A.\!jN&00` 'ii Agent MOORE LAW OFFICES.fCES 11 51020 'MAIN: -ROAD- Addressee x SOUTHOLD NY 11971 l B. Recei inted Name) C. *(d of Deliiiery .4, 1. Article Addressed to: D. Is delivery address different from ltW, 0 19 [Tyes It YES,enter delivery address belo WAYNE SAILOR PO BOX 317 MATTITUCK NY 119-52 9290 9902 7906 6900 0009 42 11 m e Service Type N Certified Mail® 0 Certified Mail® �glN'Aff Ora5sl'o from 10'15b 9 48' - Restricted Delivery �'PS ro'rm:381 1:'-ra` :6sirn:'i1'6',* July 201'8 Domestic Return Receipt ���',y � ♦5��� �� a"t'— ���, � - a �.:*- �¢ r .aim - F• , � �, \, -7/!'��.,�.r �. •.. �;�•:�i �: ate,r�'t� _'���1,��tc ,; y �;' '- nrw OWL ti NP,, ► a I.�. w _ - ��► VIII' � I�III� ® � - � -- —_ Raw _+a -.• l F' ^ � �' '�� -.ems 4 . w \ MOORE LAW OFFICES A. Signature Agent 51020 MAIN ROAD 13 Addressee SOUTHOLD NY 11971 X B. Received by(Printed Name) C. Date of Delivery! I l FRHAR ed to: D. Is delivery address different from item 1? ❑Yes I C• E RN S T If YES,enter delivery address below: ❑No H. ERNST AND AVE• CK NYII��II�IIIIIIII 90 9902 7906 6900 0009 97 2. Article Number�rransferfrom service 42-0 3. Service Type ®Certified Mail® ❑Certified Mail® 9214 7902 7906 6900 0009 93 ::: Restricted Delivery RS!-Form 38'11 Facsimile;�July'2015 Domestic Return Receipt -M'OORE- LAW- 0-FFICES A. Signature ❑Agent 51020 MAIN ROAD ❑Addressee SOUTHOLD NY 11971 X B. Received by(Printed Name) C. Date of Delivery 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes If YES,enter delivery address below: ❑No NICOLE MERCU19*.D 2300 GRAND AUS' MATTITUCK NY ;. h9:52 ,1 ' III 111111 I IIIIIIII III IIIII IIIIIIIIII I IIIII 9290 9902 7906 6900 0009 73 2. Article Number(transfer from service label) 3. Service Type N Certified Mail® P-Cehiffed Mai1®.. =:9214::7902:7906::6900 •00.09 79. i ,,;". Adstrleted Delivery PS Form 3811 Facsimile; July 2015 fia r Domestic R'turn Receipt i MOORE LAW OFFICES A. Signature ❑Agent 51020 MAIN ROAD ❑Addressees SOUTHOLD NY 11971 X ! B. Received by(Printed Name) C. Date of Delivery 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes / P I O T R & A L I S O N .:U K L A N S K A If YES,enter delivery address below: El No i _�/I 55 KNOLLWOOD LN;`_' ' MATTITUCK NY 11-9S2 i I i '' III III(III(IIIIIIII � III IIIII IIIIIIIIII IIIII , I 9290 9902 7906 6900 0009 80 2.A i I N rip j� nsfer from service label) 3. Service Type I N Certified Mail® ❑Certif[e i Mail® 9 +. r7�72 .2906 690,0-.00,09 .86 ResfnctcdDelivery, j t. s- PS'Form 3811 Facsii�ife; July 2�i Domestic,Return Receipt j RECEIPT RECEIPT RECEIPT 9214 7902 7906 6900 0009 55 9214 7902 7906 6900 0009 79 9214 7902 7906 6900 0009 62 " FROM: FROM: FROM: Moore Law Offices Moore Law Offices Moore Law Offices RE:O'BREIN-ZBA RE:O'BREIN-ZBA RE:O'BREIN-ZBA SEND TO: SEND TO: SEND TO: Nicole Mercurio Otha Mea Sailor's Haven Inc PO B�'�c46 2300 Grand Ave Maft t ck NY 11952 �✓ Box 317 ACRES r V Mattituck NY 11952 Mattituck NY 11952 �4� C10d S.~—�, 'Ad so— dt �" va AW,ES, FEES: S EES' �,\� 0 F E Oi ,�oMage Q0l53 Postage {�S3 Posta 0:53 e "fled Fee '3-'95 Certifed Fee 315 Ce'nifi d Fee X39 5 �R fur�+�,Leipt 305 Retur�,�!,ei��t 305 Returlkkl! pt 1 3.05 Adstri�fed+ 6 I.EBA '� ,Restricted �� Restricted t, �JOTAL ��T�53 NOTA_ L �,12ATE 03 TOTAL �$7.53 PO �VI A *D TE P03TM•� POSTMARK OR DATE / V d 4✓ i ECEIPT I RECEIPT RECEIPT R 9214 EC 7IP 6900 0009 48 9214 7902 7906 6900 0009 86 9214 7902 7906 6900 0009 93 FROM: FROM: FROM: Moore Law Offices Moore Law Offices Moore Law Offices RE:O'BREIN-ZBA RE:O'BREIN-ZBA RE:O'BREIN-ZBA i SEND TO: SEND TO: SEND TO: Piotr&Alison Uklanska Wayne Sailor 55 Knollwood Ln Richard C.Ernst PO Box,,3a7`�• ���b Mattituck NY 11952 Richard H.Ernst Mattituc(CNY•L79525� 2605 Grand Ave <✓' Mattituck NY 11952 FIES: ?� Po E��yS d S s�`3 FEES: _ Fostag o Q 3 Cp if Fe !0 CertfPostae dS� 0.53 Gert"fled Fee et rrf Recei t 3(r4� 95 �3 95 Retu n Receipt 9 + p Retu. kWeip (.• p Re3trict 0 �Y Restncfed� � y'r I ` ®� Restr d' G TOTAL��w r--$7.53 \�"! 1 my ' Q. TIT t I POSTMARK O.'D(rTE POSTMARK OR DATE PO A K OR DA N 'G i rte• t�+p��' a i x� �• r ,�r c ck r't ,fir' • L�tiy� � -Xi _ � n 101fcdd2-ebd6-49bO-97f3-52ada54e9321 kimf@southoldtownny.gov f� y AFFIDAVIT OF PUBLICATION ?� The Suffolk Times LEGAL NOTICE SOUTHOLD TOWN ZONING.BOARD:OF APPEALS THURSDAY, MARCH 3,20.22 at 10:00 AM PUBLIC HEARINGS NOTICE IS HEREBY GIVEN,pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold,the following"IN PERSON"public hearing will be held by the SOUTHOLD TOWN ZONING BOARD.OF APPEALS at the Town Hall,53095 Main Road,Southold,New York 11971-0959,on THURSDAY fi I Ly w The public may ALSO have.access,to view,listen and.make:comment during the PUBLIC HEARING as it is.. happening via ZOOM WEBINAR, Details about how to tune in and make comments during the PUBLIC . HEARING are on-the Town's website agenda for this meeting which may beviewed at . http://sputholdtownny.goy/agondacenter.. Additionally,there will be a link to the Zoom Webinar meeting at http://southoldtown oy,goy/0alendar.asi3x: 10:00 A.M.-FREDER1C.C.SCOFIELD,JR (GRANTOR REV.INTERVIV0 TRUST)—Request fora variance from Article XXlll,Section 280-124,and the.Building Inspector's August 19;2021 Notice of Disapproval based on:an application for a'permit to construct additions and alterations to a single family dwelling;at 1) .located less.than the code reguieed minimum sero.ndary'front yard.setback.cf 20 feet;located at:2355 Village Lane;Orient,NY.,SCTM No:1000�264 13: . fi0:10 A:NI. SHEENA ACHARYAANDADR1AhtSAPOLLNIK#7599-. 101fcdd2-ebd6-49b0-97f3-52ada54e9321 kimf@southoldtownny.gov - AFFIDAVIT OF PUBLICATION The Suffolk Times 10:40 A.M.-SHANNON HOLDINGS II,LLC#7600—Request for a variance from Article IV,Section 280-18; ' and the Building Inspector's.September 212021, Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling 1)located less than the code required minimum side yard setback of 15.feet;located at:34685 NYS Route 25,Orient, NY. SCTM No.. 1000-19=2-6:1. 10:50 A.M..-'KATHLEEN M.BECKER LIVING TRUST#7601—Request for a variance from Article XXIII, Section 280424;and the Building Inspector's.August 25,.2021 Notice of-Disapproval based on an application fora permit to construct additions.and alterations to an existing.siogle,family dwelling 1) located less than the code required minimum rear yard setback of 35 feet; located at: 154 King Street,(Adj.to Orient Harbor)Orient,NY. SCTM No.'1000-26-2-3. 11:00 A.M.-GLENN AND MARGARET SOLOMON#7602-Request for variances from Article XXIiI, Section 280-124,and the Building Inspector's-October 15,2021 Notice of Disapproval based on an application for a permit to rebuild an existing single-family dwelling destroyed by fire;1)located less than the code required minim um secondary frontyard setback of 25 feet;2) located fess than the code required minimum rear yard, setback of Soi feet;located at:358 Ark Hill-RoadRoad off of East End ( �Private Road) Fishers Island;_NY SCTM No 1000=9 1=4. 1:00 P.M W JONATHAN FASB/WJF FARMS, LLC#7604 Request for a variance from Article.III,Section , 280-14;.and Ahe:Building Inspec�for's November 1;2x21-NotI&oof Disapproval based on an aim icatron — -- fora : permit to construct.an agricultural pole barn/shed_at;1).shed located'less than_the code required - minimum . . side yard setback of 10 feet;located at X2595 Oregon Road,Cutchogue;NY. SCTM No 1000=83 1:10 P.M-JEANNETTE AND JEFFERY WILKE#7605._.Request for.avd ance from Article XXIIII;Section 280- 124;and the Building Inspector's November 4,2021 Notice.of Disapproval based'on an application for a permit to construct additions and alterations to an existing single family dwelling,at;1).located less than the code required minimum side yard setback of 15 feet; located at:3380 Oaklawn Avenue,Southold; I NY. SCTM No. 1000-70-5-49.4. 1:20 P.M.=BRIDGET CLARK RYMER #7603SE—Applicant requests a Special Exception under Article lll, Section 280-13B(13). The Applicant is owner of subject property requesting authorization to establish an Accessory Apartment in an existing accessory structure;at:1825 Soundview Avenue,Southold, NY. SCTM#1000-59-6-15. 1:30 P.M. DONYA KAUFER O'BRIEN Request for a Variance from Article III,Section 280-13(C) and Request to Overturn the Building Inspectors October 15,2021 Notice of Disapproval based on an application to legalize an as-built conversion of an existing accessory garage to.an artist studio;at 1)the proposed use in the accessory building is not a permitted accessory use;located at:2500 Grand Avenue, Mattifuck,NY.SCTM IVo.1000-107-2-1.fi. SOUTHOLD TOWN BD OF APPLS 3 101fcdd2-ebd6-49b0-97f3-52ada54e9321 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times 1:40 P.M.JAY P. MANDELBAUM AND LAUREN GORDON#7579= (Reopened January 20,2022)'Request for Variances from Article IV,Section 280-18 and the Building Inspector's August 4,2021 Notice of Disapproval based on an application for a permit to construct a single family dwelling and an accessory raised patio with a_hot tub;where, 1)the proposed construction would result:in a lot coverage of 31% where the code only permits a maximum lot coverage of 20%;aril 2)theproposed raised patio and hot tub would be located partially inahe side yard where the code requires accessorystructures and buildings must be -located in the rear yard;for property located at:920 Kimberly Lane,Southold;NY.SCTM N0.1000,70- 13w 20.15. In addition,the property owner seeks`to.amend Declaration Covenants and Restrictions on the subject property which require the removal of the existing tennis court.if a single family dwelling is not constructed within a specific timeframe. 2:00 P:M.-.VINCENT BERTAULT#7580-(Adjourned from February.3;2022)'Request to reverse a Stop ..Work. _. Order issued by the Building Inspector on August 24,2021, pursuant-to Chapter.144,Section 144=8,for construction beyond the'scope of Building Department Permit#44198;.locatied at;95 Navy:Street, Orient, NY.SCTM'No.1000-26-1-12.2. The Board of Appeals will hear all persons or their representatives,desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing ..Eachfiearing will not start earlier than designated.above. Files are available for review on The.Town's Weblink/l aserfche underZoning Board oT Appeals_(ZBA)\Board Actions\Pending: Click Link; http://24.38 28;228:2040/Weblink/Browse.a*'s?dbid=0. Contact our office at(631)765-180%or by ema,'il; kimf@southoldiownny.gov Dated: rdbeuary 17;2022 20NING BOARD OF APPEALS, LESLIE KANES WEISMAN,CHAIRPERSON BY:Kim E.Fuentes,54375 Main Road(Office Location), P.O. Box 1179,Southold,NY 11971-0959 SOUTHOLD TOWN BD OF APPLS 4 101fcdd2-ebd6-49b0-97f3-52ada54e9321 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The.Suffolk Times State of New York, County of,Suffolk The undersigned is the authorized designee of The Suffolk Times,a Weekly Newspaper published in Suffolk County, New York. I certify that the public notice,a printed copy of which is attached hereto, was printed and published in this newspaper on the following dates: February 24,2022 This newspaper has been designated by the County Clerk of Suffolk County,as a newspaper of record in this county,and as suchjs eligible to-publish suth-n6tides.:. Signature Eliot T. Putnam Printed Name Subscribed and sworn to before,me This 24 dayof Februay'.2022 Notary Signatur rq, - . OF NEW YORK' :NOTARY PUBLALTIANY IC Notary Public Stamp n'. nIRF.6.19944' •' ;� 0 - 'SsioN E-Sv lih-1111-Its ----- SOUTHOLD TOWN BD OF APPLS 1 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson �QF SO(/ry 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location.- Eric ocation:Eric DantesCA h1c Town Annex/First Floor, Robert Lehnert,Jr.- ;re% �pQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento ��. Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel..(631)765-1809•Fax (631)765-9064 March 22,2022 Patricia Moore. Attorney at Law 51020.Main Road Southold;�NY 11971. .: Appeal No.7606 Donya Kaufer,25.00 Grand Avenue,Mattituck. SCTM No. 1,000-107-2-16 Dear Mrs.Moore; Transmitted for your records is a copyy of the Board's March 17, 2022 Findings,Deliberations.and Determination,the original of which.was filed with the Town Clerk regarding the above variance application. Please review the CONDITIONS.FOR ARTIST STUDIO USES and be sure to apply for a building permit for the"as built"structures within 90 days of date of the decision. You are required to obtain a Certificate of Occupancy within twelve(12) months of the ZBA decision. Pursuant to Chapter 280446(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. IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN. Failure to comply in a timely manner . may result in the denial by the Building Department of a Certificate of Occupancy, nullify.the approved variance relief,and require anew variance application with public hearing before the Board of Appeals If you have any questions,please don't hesitate to contact our office. Sincerely, Kim E. 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