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Home My WebLink About7579 -7o to a -'cl e 1 3- eL(jm 1 'Tol So u4-o Ki'llAP,444 L-O-)�e 13 dz),l lLde,lUi,-q o/hok �lml CLlf 31 atcesv Awctuts Cilki C-r Mal"dbrzudn (o Phopoged ace C�So- s�i�",� G°"` � use OYA Arty-fe l sechr, ago-f3 10H 34-:510 Owner: Mandelbaum, Jay File #: 7579 Address: 920 Kimberly Ln Code: 17NP Agent Info Martin Finnegan, Esq. P O Box 1452 13250 Main Road Mattituck, NY 11952 Phone: 631-315-6070 Fax: Email: mfinnegan@northfork-legal.com r BOARD MEMBERS ®� ®U� Southold Town Hall �� Leslie Kanes Weisman,Chairperson 53095 Main Road • P.O.Box 1179 �® �® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. a� 54375 Main Road(at Youngs Avenue) Nicholas Planamento ��Cou V, Southold,NY 11971 RECEIVED http://southoldtownny.gov1 6 2;l f gIN ZONING BOARD OF APPEALS V q 1 2022 TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax (631)765-9064 outh0 d Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF APRIL 7, 2022 ZBA FILE: #7579 NAME OF APPLICANT: Jay P. Mandelbaum and Lauren Gordon PROPERTY LOCATION: 920 Kimberly Lane, Southold NY SCTM: 1000-70-13-20.15 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type Il category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23,and the Suffolk County Department of Planning issued its reply dated September 17, 2021 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The subject property is a conforming, 40,707 square feet, .935-acre, semi- rectangular lot, located in the R40 zoning district measures 145 feet along Main Bayview Road to a curve at Roxanne Lane measuring R=25 feet, L= 39.27 feet, then runs east along Roxanne Lane 179.12 feet to a curve at Kimberly Lane measuring R=25 feet, L=36.54 feet, then runs south 97.58 feet and returns 259 feet along a residentially developed lot to the south. The parcel is developed without a principal residence and is improved with an accessory tennis court measuring 60 feet by 120 feet, a slate patio, a small shed, post and rail fencing, deer fencing and fencing for the tennis court, as shown on the survey prepared by Nathan Taft Corwin, III, Licensed Land Surveyor and dated June 11,2021. BASIS OF APPLICATION: (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 greater than the code permitted lot coverage of 20%, and 2)the proposed raised patio and hot tub would be located partially in other than the code required rear yard located at: 920 Kimberly Lane, Southold,NY. SCTM No. 1000-70-13-20.15. In addition,the property owner seeks to amend Declaration of Covenants and Restrictions on the subject property which require the removal of the existing tennis court if a single-family dwelling is not constructed by November 30, 2021. RELIEF REQUESTED: The applicant requests variances for 31% lot coverage which exceeds the code permitted maximum lot coverage of 20% in the R40 Residential Zone, in order to maintain an existing 7,200 square feet tennis 4, Page 2,April 7,2022 #7579,Mandelbaum SCTM No. 1000-70-13-20.15 court and further improve the site with a 3,404 square feet single family residence measuring 80.5 feet by 68.2 feet by 20 feet (average floor width); a 1,022 square feet garage measuring 26.4 feet by 38.9 feet; a 75 square feet breezeway (connecting the house and accessory garage); a 529 square feet raised tennis (observation) porch containing a jacuzzi spa(located partially in a side yard where such improvements are required to be located in a rear yard), a 395 square feet covered porch attached to the proposed residence, for total proposed lot coverage of 5,425 square feet or an additional 13.2%and a request to amend Covenants and Restrictions on the subject parcel Declared by Jay P. Mandelbaum and Lauren B. Gordon on December 14, 2010 and filed with Suffolk County Clerk's Office, either extending the date to complete construction of a conforming single-family residence on the parcel by November 30,2021 or removal of the clause requiring the applicant to demolish the tennis court should a conforming house not be completed by that date. AMENDED APPLICATION: During the hearing of January 6, 2022, the applicant was asked to bring the plan into more conformity with the code but did not request leaving the hearing open in order to amend the proposed drawings to reduce lot coverage. The hearing was closed, and the applicant's attorney subsequently submitted plans reducing the proposed lot coverage to 26.3 5 percent along with one prior variance approval by the ZBA for a property on Kimberly Lane. Since the hearing had been closed,those plans and the prior ZBA decision could not be accepted as part of the record. On January 20,2022 the Board, on its own motion,voted unanimously to reopen the hearing to accept those plans and the prior ZBA decision,and set another hearing date for March 3,2022 During the March re- opened hearing, the applicant submitted a plan decreasing lot coverage from the previously proposed 26.35% lot coverage to 23.8%, as shown on architectural drawings labeled A-100, A-101, A-102, and A-103 and a new site plan, labeled A-110.00, prepared by Mark Cunningham and dated February 7, 2022. The new plans are not signed by the architect, nor do they bear his stamp. ADDITIONAL INFORMATION: No member of the public spoke in favor of or against this application. However, a series of `form letters' (some incomplete) where received indicating support of this application from neighbors on Kimberly Lane and within the Town of Southold. The subject parcel is encumbered with three front yards: Kimberly Lane, Roxanne Road, and North Bayview Road. When the lot was created a stipulation of the subdivision required a buffer of 20 feet following Main Bayview Road on the side of the subject parcel that was to"remain in its natural state" preventing access to the subject parcel from that street, and a 5 feet wide right of way also running on the southern lot line from Kimberly Lane to Main Bayview Road. BACKGROUND: The subject parcel is the beneficiary of ZBA decision, file#6359 dated June 16, 2010, granting the applicant relief to construct an accessory tennis court on a vacant parcel directly across from the applicants' principle dwelling on the bayside of Kimberly Lane,without the construction of a principal dwelling,and to construct a fence 6 1/2 feet high where the Town Code specifies a four-feet maximum height in a front yard and a six-feet maximum height in the side and rear yards. As a condition of the approval, Covenants and Restrictions were placed on the subject parcel, subject to the approval of the Southold Town Attorney and to be filed with the Suffolk County Clerk. The required Declaration of Covenants and Restrictions,dated December 14,2010 was filed with the Suffolk County Clerk and received by the Town of Southold Zoning Board of Appeals on January 10, 2011. Created and signed by the applicants, Jay P. Mandelbaum and Lauren B. Gordon, approved by the Town of Southold Attorney, they state the following: 1. The period of use began on the date the decision was executed, June 14, 2010.Prior to the use of said tennis court, the owner had to obtain a temporary Certificate of Occupancy 2. During the period of the temporary Certificate of Occupancy,the present fee owner of this property must commence construction of a CONFORMING single-family dwelling and obtain a Certificate of Page 3, April 7,2022 #7579, Mandelbaum SCTM No. 1000-70-13-20.15 Occupancy, at which time, the Building Inspector can issue a permanent Certificate of Occupancy for the tennis court. If the fee owner chooses not to construct a CONFORMING dwelling by November 30, 2021, the fee owner must remove the tennis court and place the property back to its original condition. 3. If the tennis court is not removed by January 31, 2022,the Town of Southold Highway Department can enter the property for the sole purpose of the demolition of the tennis court. The Town of Southold may charge the fee owner the sum of twice the actual cost of removal. The fee cannot exceed the total amount of Thirty-Six Thousand Dollars and 00/100 ($36,000)for the removal of the tennis court,the fence and any other charges that the Town may incur. This fee charged will be placed upon the title of the vacant lot as a lien. The commencement of the removal will occur no later than two (2)weeks after the written or verbal refusal to remove. Filed with the Covenants and Restrictions is Schedule "A" further outlining the agreed to restrictions, placed on development of the site with an accessory tennis court without a primary residence. ZBA file #6359 did not approve the as built shed, deer fencing or lighting currently on the parcel, and approved a maximum 6.5 ft. high black chain link fence to enclose the tennis court which was to be screened from view on North Bayview Road and Roxanne Road by substantial plantings, a minimum of eight feet in height. The applicant has installed the required landscaping. On August 10, 2021, the ZBA received a letter from the applicant's attorney dated August 9, 2021 requesting, an extension of the November 30, 2021 deadline in the filed C&Rs by which time a new conforming dwelling was to be constructed on the subject lot, or the tennis court was to be removed. The applicant received a written response from the ZBA dated August 25, 2021, denying the request. Prior to requesting this extension, the applicant, during the entire ten(10)year period, did not commence construction of a conforming single-family residence, or apply to the Building Department for a building permit to demonstrate their intent, or contact the ZBA to discuss amending the filed Covenants and Restrictions deadline. The architectural plans currently submitted are dated June 18, 2021 for a non-conforming dwelling(excessive lot coverage)that the applicant agreed to have completed construction by or before November 3 0, 2021. At the public hearing the applicant stated that due to family needs, personal illness and children's college tuition, coupled with the delays associated with the Covid-19 Pandemic, they were unable to complete construction of the principle dwelling within the required ten-year time frame agreed to in the filed Covenants and Restrictions. The applicant's revised architectural drawings dated July 27, 2021 and labeled T-000.00, A-000.00, A-005.00, A- 010.00, A-100.00, A-101.00, A-102.00, A-103.00, A-110.00, A-200.00, and A-201.00 prepared by Michael S. Gilmore, Registered Architect propose the following: improvements: A 3,404 square feet four bedroom single family residence with a covered front porch, an open living room, dining room, kitchen; a study; a screen porch; pantry,mud and laundry rooms; a billiard room; a powder room; three bedrooms each with private baths on the first floor and one master bedroom suite on the second floor that includes a sitting room,full bath and dressing room. Other proposed structures include a 1,022 square feet three bay accessory garage containing a powder room,work bench attached outdoor shower and mechanicals/storage attached to the residence by 75 square feet of breezeway; 529 square feet raised tennis (observation) porch containing a jacuzzi spa, 395 square feet covered porch attached to the proposed residence. Amended plans received illustrate a 2,382 square feet `main house' with 4 bedrooms (maintaining an owner's suite on the second floor with living space and two additional bedrooms, a 70 square feet entry porch and 605 feet rear patio, an 843 square feet multi-car garage/storage building, 123 square feet jacuzzi, along with the existing 7,200 square feet tennis court. Page 4,April 7,2022 #7579,Mandelbaum SCTM No. 1000-70-13-20.15 At the public hearing on January 6, 2022 the applicants and their attorney conceded that a conforming structure can be built on the lot along with the existing tennis court, but further argued that at the time of the initial variance approval to construct an accessory tennis court on a vacant residential lot, it was their understanding that the use of the term"conforming dwelling"meant conforming to the character and size of adjacent residences located on Kimberly Lane and not conforming to the Town Code bulk schedule for the R-40 Zone in which the subject parcel is located. The Board finds this argument unpersuasive. While Town Law 267-b(3)(b)(1) as part of the required balancing test that must be applied by the Board in granting or denying applications for variance relief, does require the Board of determine if a requested variance would or would not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties, the Zoning Board's appellate jurisdiction is based upon the ability to grant variance relief for proposed actions that are not conforming to the Town of Southold Zoning Code as identified in a Notice of Disapproval duly issued by a code enforcement official in the Town of Southold Building Department. This very jurisdiction is what empowered the Board to grant the construction of the subject accessory tennis court on the subject parcel,which is not a code permitted use without the presence of a code required principle single family dwelling. Logically, if the Board had contemplated that the applicant would require variance relief to construct a future dwelling while maintaining the tennis court, similar in size and character to other dwellings in the neighborhood,the word"conforming"would not have been included in the language used in the filed Covenants and Restrictions, in contravention to the applicant's attorney who argued that the Board, at the time of the approval for the tennis court, had always anticipated the need for variance relief. The applicant submitted ZBA prior variance relief approved in the Kimberly Lane subdivision to support their request for excessive lot coverage. However, file#5077, #5078 and#5238 are relative to a single larger property, with `as built' improvements, and also required setback,not lot coverage relief. A Memorandum of Law dated January 4,2022 was received from the applicant's attorney on January 5,2022 arguing in support of the relief requested. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held public hearings on this application on January 6, 2022 and 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. Town Law §267-b(3)(b)(1). Grant of the variance requested will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The Kimberly Lane neighborhood consists of code-conforming homes of varying sizes and amenities, half of which are bayfront. The residences on the bayfront side if Kimberly Lane appear to be larger whereas those homes built on `through-lots' backing up to Main Bayview Road, like the subject lot, appear to be modest in comparison. The only other `corner' lot like beside the subject parcel,is not yet developed.Lot coverage variances are not characteristic in this neighborhood,nor are tennis courts, although one other tennis court exists. The applicant argues that the use of the term `conforming`in the filed C&R's does did not refer to the Town Code bulk schedule but rather to the character(size and style) of other homes in the neighborhood where the parcel is located, although no evidence to support this claim exists. 2. Town Law &267-W)N(2). The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant can build a new single-family residence with accessory spa on the subject parcel while maintaining the accessory tennis court, that conforms to the Town Code bulk schedule without the need for a variance for either lot coverage, setbacks, or height. The applicant can build, as of right, a two-story conforming dwelling, which is a size that is in keeping with the character of other homes on Kimberly. Furthermore, the applicant has several design options to accomplished their goals with a conforming 20 percent, such as removing or altering the plans for the accessory garage, reducing the footprint of the single-family Page 5,April 7,2022 #7579,Mandelbaum SCTM No. 1000-70-13-20.15 residence and/or building a full two-story residential structure and removing or reducing the size and scale of`raised' patios and/or building them at grade. The applicant can also permanently remove the existing tennis court, which is currently in violation of ZBA decision#6359 and the Covenants and Restrictions filed with the Suffolk County Clerk. 3. Town Law 4267-b(3)(b)(3). The variances requested herein are mathematically substantial, representing 100% relief from the code relative to a`raised tennis(observation)porch containing a jacuzzi spa' in a side yard;55%relief for the 31% lot coverage originally proposed; 31.5% relief for the proposed amended 26.35% relief and 19% relief for the proposed amended 23.8% relief. proposed at the March 3, 2022 hearing, where the Code allows 20% maximum lot coverage. Non-conforming lot coverage is not common to the neighborhood in which the proposed relief is sought and the Board also believes it is in violation of the terms of the filed C&R's that require the construction of a conforming dwelling. 4. Town Law X267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. Furthermore, the applicant had direct knowledge of the terms of ZBA decision 46359 and the associated Covenants and Restrictions on file with the Suffolk County Clerk, as executed by Jay P. Mandelbaum and Lauren Gordon, and individually signed. 6. Town Law 4267-b. Grant of the requested relief is not the minimum action necessary and adequate to enable the applicant to enjoy the benefit of maintaining an existing accessory tennis court and constructing a new town code conforming single-family residence while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B,motion was offered by Member Weisman(Chairperson),seconded by Member Lehnert,and duly carried,to DENY the variances as applied for, and GRANT an extension of three (3) years by amendment to the applicant's filed Declaration of Covenants and Restrictions, acceptable to the Town of Southold Acting Town Attorney, allowing a residence CONFORMING TO THE TOWN CODE BULK SCHEDULE to be constructed on the subject property with final Certificate of Occupancy issued within three years from the date of this decision(April 7,2025). SUBJECT TO THE FOLLOWING CONDITIONS: 1. The applicant shall submit to the ZBA an Amended Declaration of Covenant and Restrictions to the satisfaction of the Town of Southold Acting Town Attorney and filed with the Clerk of Suffolk County indicating the amended date for the completion of a single-family dwelling conforming to the Southold Town Code bulk schedule by or before April 7.2025 2. If the fee owner chooses not to construct a dwelling conforming to the Southold Town bulk schedule by April 7,2025,the fee owner must remove the tennis court and place the property back to its original condition. 3. Other applicable language in the filed Covenants and Restrictions received by the Board of Appeals on January 10, 2011 shall remain in the Amended Covenants and Restrictions, to the satisfaction of the Southold Town Acting Town Attorney. Y 1 � L Page 6,April 7,2022 #7579,Mandelbaum SCTM No. 1000-70-13-20.15 This approval shall not be deemed effective until the required conditions have been met. At the discretion of the Board of Appeals,failure to comply with the above conditions may render this decision null and void. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Any deviation from the variances) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes:Members Weisman (Chairperson) Dantes, Acampora,Planamento and Lehnert. This Resolution was duly adopted(5-0). j Leslie Kanes Weisman, Chairperson Approved for filing �1'g /2022 r CC#: C22-26690 R O � y COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK 1 I, JUDITH A. PASCALE,Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DECLARATION recorded in my office on 07/19/2022 under Liber D00013166 and Page 439 and, that the same is a true copy thereof,and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 07/19/2022 SUFFOLK COUNTY �� CLERK JUDITH A.PASCALE SEAL . Y II II I IIII it l ll I I I I I I I I I I IIII!IIIII IIII I Il 111 III I III IIIIII IIIII IIIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 07/19/2022 Number of Pages: 5 At: 04:33:16 PM Receipt Number : 22-0117174 LIBER: D00013165 PAGE: 439 District: Section: Block: Lot: 1000 070.00 13.00 020.015 ERAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $25.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15.00 NO TP-584 $0.00 NO Notation $0.50 NO Cert.Copies $6.25 NO RPT $200.00 NO Fees Paid $271.75 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County 1 a RECORDED 2022 Jul 19 04:33.16 PM JUDITH R. PASCALE Number 4 pages CLERK OF SUFFOLK COUNTY L D00013165 This document will be public P 439 record(Please remove all Social,Security Numbers prior recording, D'e d/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing stamps 31. FEES Page/Filing Fee Mortgage Amt. Handling 20. 00 1.Basic Tax I 2, Additional Tax TP-584 ISubTatal Notation 0Spec./Asslt. or EA-52 17j(County) Sub Total Spec,/Add. EA-5217(§tate) TOT.MTG.TAX + Dual Town Dual County R.P.T.S.Al Held forAppolntment Comm.of Ed. 5, 00 Transfer Tax Affidavit �j� ; Mansion Tax 'dPY�� The property covered by this mortgage Is or will be Improved by a one or two NYS Sur arge 15. 00 family dwelling only. Sub Total Other YES'; orNO Grand Total 4 b If NO, see appropriate tax clause on page# ofthls Instrument 2 4 Dist 4900701 1000 07000 1300 020015 5 Community preservation Fund Real Propgrty p T Consideration Amount TAger'� R SMI 10-JUN A 111M111111111 CPF Tax Due. Verlflcatlon ( I Improved 6 Satisfactions/Discharges Rgleases Llst PropertyOwners Mailing Address -`RICOrRD&,R,E1TUR�N TQO; Vacant Land t �F 1 1,130CV A V LAW W �P, C, TD TO ? +� r7 0 1 1 I 5� - TD Mal to:Judith A.Pascale,Suffolk county clerk 7 1 Title Company Information 810 Center Drive, Riverhead, NY 11901 Co.Name F/\3"r ' www.suffolkcountyny.gov/clerk Title# O E B Suffolk County Recording & Endorsement Page, T Is page forms part of the attached 1- 10.5-9 !'f/r1m'40 Dec I made (SPECIFY TYPE OF INSTRUMENT) �� 5 - �•' I�� [J The premises herein is situated In. SUFFOLK COUNTY,NEW YORK. ' soy- 1d' TO In the TOWN of. In the VILLAGE or HAMLET of BOXES 6THRU 0 MUSTBETYPED OR PRINTED IN BLACK INK ONLY PRIORTO RECORDING OR FILING. • over coukk6 - 19gq FIRST AMENDMENT TO DECLARATION OF COVENANTS AND RESTRICTIONS THIS FIRST AMENDMENT TO DECLARATION,made this 3"day of June 2022,by Jay P.Mandelbaum and Lauren B.Gordon,residing at 1107 5th Avenue,Apt.7N,New York, New York.10128,hereinafter collectively referred to"Declarants", WITNESSETH: WHEREAS,Declarants are the owners of certain real property located at 920 Kimberly Lane,Town of Southold,County of Suffolk,State of New York,described in the Suffolk County Tax Map as District 1000,Section 70,Block 13,Lot 20.15,which is more particularly bounded and described-as set forth in Schedule"A"annexed hereto,hereinafter referred to the"Property"; WHEREAS,in a decision dated June 14,2010,the Zoning Board of Appeals("ZBA') granted relief for the construction of a tennis court on the Property without the construction of a principal dwelling; WHEREAS,for and in consideration of the granting of said approval,Declarants recorded a Declaration of Covenants and Restrictions against the property dated December 14, 2010(the"Declaration")and recorded January 5,2011 on the land records of Suffolk County on Liber 12647 Page 782,which stated,inter alia,that: During the period of the Temporary Certificate of Occupancy,the present fee owner of this Property must commence construction of a single family dwelling and obtain a Certificate of Occupancy.At which time,the Building Inspector can issue a permanent Certificate of Occupancy for the tennis court.If the fee owner chooses not to construct a conforming dwelling by November 30,2021, the fee owner must remove the tennis court and place the Property back to its original condition. WHEREAS,The Declaration permits the ZBA to amend the Covenants and Restrictions therein by a majority plus one vote following a public hearing; WHEREAS,on August 9,2021,the Declarant by and through their counsel,submitted a written request for an extension of the November 30,2011 deadline in the Declaration for the construction of a principal residential structure on the Property; WHEREAS,following a public hearing on January 6,2022 and due deliberation,the ZBA issued a Determination#7579 dated April 7,2022,granting a three(3)year extension to allow Declarants to construct a residence conforming to the Town Code Bulk Schedule on the Property and obtain a Certificate of Occupancy on or before April 7,2025; WHEREAS,the ZBA deemed it in the best interests of the Town of Southold that the Covenants and Restrictions be amended,and said Zoning Board of Appeals required that the within Amended Declaration be filed in the Suffolk County Clerk's Office; 1 'WHEREAS,the Declarants have considered the foregoing and have determined that it will be in the best interest of Declarants and subsequent owners of the Property that the within Amended Declaration of Covenants and Restrictions be executed and recorded on the land records of Suffolk County. NOW,THEREFORE,THIS DECLARATION WITNESSETH: That the Declarants,for the purpose of carrying out the intentions above expressed,do hereby make known,admit,publish,covenant and agree that title to said premises herein described,shall hereinafter be subject to the following covenant which shall run with the land and shall be binding upon all purchasers and holders of said premises,their heirs,executors, legal representatives,distributees,successors and assigns,to wit: 1. Paragraph 6 of the Declaration is hereby amended to state as follows: Declarant must commence construction of a single family dwelling conforming to the Town Code Bulk Schedule and obtain a Certificate of Occupancy on or before April 7,2025.If the Declarant chooses not to construct a conforming dwelling by April 7,2025,Declarant must remove the tennis court and place the property back to its original condition. 2. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof,as though'fully set forth.Except as amended herein,the Covenants and Restrictions dated December 14, 2010 and recorded on the land records of Suffolk County on January 5,2011 in Liber 12647 at Page 782 will remain in full force and effect.In the event of any inconsistency the provisions of this Amendment will prevail. IN WITNESS-WHEREOF,the Declarants have duly executed this Declaration the day and year first written above. [SIGNATURE PAGE FOLLOWS] 2 J P. andelbaum uren B.Gordon STATE OF NEW YORK) )ss.: COUNTY OF SUFFOLK) On the 31 day of June in the year 2022,before me,the undersigned,personally appeared JAY P. MANDELBAUM,personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she/he/they executed the same in her/his/their capacity,and that by her/his/their signature on the instrument,the person or the entity upon behalf of which the person acted,executed the instrument. Notary Public 8CHWEITZER ANNALIBE 12A."MEME80=69 TARY PUBLIC-STATE OF NEW YORIc STATE OF NEW YORK) QI Sff=WjW )ss.: 2 COUNTY OF SUFFOLK) On the 31d day of June, in the year 2022, before me, the undersigned, personally appeared LAUREN B. GORDON, personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she/he/they executed the same in her/his/their capacity, and that by her/his/their signature on the instrument, the person or the entity upon behalf of which the person acted, executed the instrument. 21UA Notary Public After recording.Please return to: FINNEGAN LAW,P.C. SCHWEITZER ANNALISE Martin D.Finnegan,Esq. NOTARY PUBLIC-STATE OF NEW YOM( NO.013C640907 PO Box 1452 QUAIMM IN SUFFOM COUNTY 13250 Main Road M ( qy Opl plp g p 07 Mattituck,NY 11952 3 Schedule A All that certain plot, piece or parcel of land, situate, lying and being in the Town Of Southold, County Of Suffolk and State Of New York, known and designated as Lot No. 15 on a certain map entitled " Map Of Paradise by the Bay " and filed in the office of the Clerk of the County Of Suffolk on November 4, 1976 as Map No. 6463 Town.of Southold P.O. Box 1179 mr 53095 Main Rd �`�courrGr Southold,New York 11971 CERTIFICATE OF OCCUPANCY No: 4603.8 Date: 03/14/2025 THIS CERTIFIES that the building SINGLE FAMILY DWELLING Location of Property: 920 Kimberly.Ln Southold,NY 11971. Sec/Block/Lot: 70.43-20.4 5 Conforms substantially to the Application for.Building Permit heretofore,.filed in this office dated: 03/1.5/2024 Pursuant to which Building Permit No. 50739 and dated: 05/23/2024 Was issued,and conforms to all.of the requirements of the applicable provisions o.f the'law, The occupancy for which this certificate is issued is: Single family dwelling with finished basement storage and covered entry as applied for.. The certificate is issued to: Jay Mandelbaum, Lauren Gordon Of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL:_ R722-0700 2/10/2025 ELECTRICAL,CERTIFICATE: 5,0739 03/03/2025 PLUMBERS CERTIFICATION: Derek Hennessey 01/07/2025 A tho o Signature l I Town:Hal!.Annex 54375 Main Road j':O.Box 1I79 Telephone(631)765-1802 G • Southold,NY 1.1971-(1959 .BUILDING DEPARTMENT TOWN OF SOUTHOLD s F CERTIFICATE OF ELECTRICAL COMPLIANCE Issued To: Jay Mandelbaurn SITE LOCATION Address: 920 Kimberly.Ln Building Permit#: City:Southold 50739 Section: St: NY Zip: ' 11971 WAS ?9 Block: EXAMINED ANp FOUND TO BE IN COMPLIANCE:.WITH THE NATIONAL EL 13 Lot. 20:15 Contractor: ECTRIC CODE Electrician:Platinum East Electric License No: 38973ME SITE DETAILS Indoor Office Use Only Basement Out Service 1st Floor Sotar. Pool ~ Renovation: ( Spa 2nd Floor Hot Tub Survey h Attic Generator Garage Battery Storage j Service 1 ph I✓ INVENTORY Heat Duplec Reept Service 3 ph r S8 Ceiling Fixtures Hot Water 16 Bath Exhaust Fan G.eS GFCI Becpt 3 Main Panel 200A A/C Condenser 7 Wail Fixtures 11 Smoke Detectors 2 Single Recpt Recessed Fixtures 3 Sub Panel A/C Blower 4$ CO Detectors 2 Range:Recpt 60A Ceiling Fan Transfer Switch t1C Lights Combo$mokef CO 1 Dryer Recpt Gas Emergency 3 Disconnect Switches 9 cY Strobe � Heat Defectors 43 4"LED 1 Other Equipment: Exit Fixtures Fridge, Mini Fridge, Oven, DW,,W/D, H-ood, Micro, Se ti Notes: c Disco ., 200A Panel New'Two.Sto wf Finished Basement Inspector Signature: X Sean Devfin Date; March 3, 2025 Electrical lnsoector sean.devtin town.southald.n .us 920KimberlyHouse f Fuentes, Kim From: Sakarellos, Elizabeth Sent: Tuesday, March 18, 2025 8:07 AM To: Fuentes, Kim Cc: Westermann, Donna Subject: FW: Mandelbaum#7579 Attachments: AMENDED DECLARATION_RECORDED.pdf,ZBA7579.pdf, 3-14-25 C of O.pdf i Kim, See below and all the attachments. From:Annalise Ouellette<anna@northfork.law> Sent: Monday, March 17,2025 4:07 PM To:Westermann, Donna <donnaw@town.southold.ny.us>; Sakarellos, Elizabeth <elizabeth.sakarellos@town.southold.ny.us> Cc: Martin Finnegan<mfinnegan@northfork.law> Subject: Mandelbaum#7579 Good afternoon Donna and Liz, Attached please find the C/O in connection with the Mandelbaum#7579 decision and the attached recorded covenant. As you may recall,our clients were required to obtain a C/O for the newly constructed residence on or before 4/7/2025. Please confirm receipt and advise if you need anything further.Thanks! ANNALISE OUELLETTE,Legal Assistant to Martin D.Finnegan,Esq. FINNEGAN LAW, P.C. 13250 Main Road P.O.Box 1452 Mattituck,New York 11952 T 631.315.6070 x102 anna@northfork.law*Note my new e-mail address as of 8/22/2024!* hgps://www.northfork.law CONFIDENTIALITY NOTICE:The information contained in this e-mail and any attachments may be legally privileged and confidential.If you are not an intended recipient,you are hereby notified that any dissemination,distribution or copying of this e-mail is strictly prohibited.If you have received this e-mail in error,please notify the sender and permanently delete the e-mail and any attachments immediately.You should not retain, copy or use this e-mail or any attachment for any purpose,or disclose all or any part of the contents to any other person.Thank you. WIRE FRAUD NOTICE:Instances of wire fraud are increasing!Before wiring any money,always call the intended recipient at.a verified phone number to confirm the instructions. ATTENTION:This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. 1 SURVEY OF LOT 15 MAP OF PARADISE BY THE BAY FILE No. 6463 FILED NOVEMBER 4, 1976 SITUATE SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-70-13-20.15 SCALE 1 "=30' MAY 13, 2021 JUNE 11, 2021 UPDATE SURVEY r,CE::i11ED AREA = 40,707 sq. ft. 7-? 0.935 ac. SEP 16 2021 R�A-� x� Ro XAN N E Z_ONTNG BOARD OF APPEf'LS 1J CERTIFIED T0: x JAY P. MANDELBAUM XCONC. cuR6 R=25.00' LAUREN GORDON a/k/a LAUREN MANDELBAUM 179.12 L=36.54 x ppE POST do RAIL FENCE N 84!22 9 20 HEDGE ROW R=25.00' GRATE EVERGREENS '� DEER FENCE � NOTES: L=39.27 ��y� 1\ 1. ELEVATIONS ARE REFERENCED TO N.A.V.D. 1988 DATUM NEW UTILITY y POLE UPA�60 �r I � HEDGE ROW � �, C13o EXISTING ELEVATIONS ARE SHOWN THUS:xKx / p x OLD O F.F1.- G RST FLOOR POLE UPA 60 G.FL.- GARAGE FLOOR GUY WIRE . .; 7 so' 2. ZONING USE DISTRICT: R-40 Z Ln m •° .. -PRINCIPAL BUILDING ENVELOPE HIue No O •: . .• • + Y CC I 7-0 • n� ° Z rn -o Z --� LOT 15 T 50. Cp. 0. 7- 0;0 OA ° • ••, •, • Z •d RAM �J, ELECTRIC •• s•• •. •:.••� � .y POSE FOR'• � SFRAEMDE � T BOX-��' a BASKETBALL' 12.4' i . d 13ACKBOARD SPRINKLER ro HEDGE ROW f, °• w _ CE CD in EERX��-x_--�F- 4.5N• CE Ln 4(D 0.7 0 �-- "x—�POST k -__----- -— 259.00' — — ,�—=,r--,t= _____ d � - X �� ?m - —X— - _ --�IiEL dtL TER LINE EASEMEN X PAT UL wZ 5I4-2220" W LOT 14 PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TITLE SURVEYS AS ESTABLISHED BY THE L.I.A.L.S. AND APPROVED AND ADOPTED FOR SUCH USE BY THE NEW YORK STATE LAND TITLE ASSOCIATION. or �N �� ` 467 N.Y.S. Lic. No. 50467 UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE LA EDUCATION LAW. Nathan Taft Corwin III COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR Land Surveyor EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. CERTIFICATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE Successor To: StanleyJ. Isaksen, Jr. L.S. TITLE COMPANY, GOVERNMENTAL AGENCY AND Joseph A. In a no L S. LENDING INSTITUTION LISTED HEREON, AND P 9 9 TO THE ASSIGNEES OF THE LENDING INSTI- Ttle Surveys - Subdivisions - Site Plans - Construction La out TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. Y Y PHONE (631)727-2090 Fax (631)727-1727 THE EXISTENCE OF RIGHTS OF WAY OFFICES LOCATED AT MAILING ADDRESS AND/OR EASEMENTS OF RECORD, IF 1586 Main Road P.O. Box 16 ANY, NOT SHOWN ARE NOT GUARANTEED. Jamesport, New York 11947 Jamesport, New York 11947 41-130 117_0=22% r I UEN E U T 920 KIMBERLY LANE SOUTHOLD NY 11917 I PERMIT mU"' RAWINGS SYMBOL LEGEND CONTACTS SHEETINDEX GENERAL NOTES WALL SECTION MARKER I OWNER: T-000 COVER SHEET 18. ALL DIMENSIONS ON REFLECTED CEILING OR POWER &SIGNAL PLANS ARE FROM FACE OF FINISH Cut construction 1. ALL WORK SHALL CONFORM TO THE REQUIREMENTS OF THE NEW YORK STATE BUILDING CODE, OR CENTER LINE OF COLUMN TO CENTER LINE OF FIXTURE OR GROUP OF FIXTURES. 2/A300 Sheet where section appears JAY MANDELBAUM A-000 TYPICAL DETAILS FIRE DEPARTMENT RULES AND REGULATIONS, UTILITY COMPANY REQUIREMENTS,AND THE BEST Section identification LAURIE GORDON TRADE PRACTICES. 19. ALL VERTICAL DIMENSIONS ARE TO FACE OF FINISH UNLESS OTHERWISE NOTED. 1107 Fifth Avenue A-005 SITE SURVEY 2. BEFORE COMMENCING WORK,THE CONTRACTOR SHALL FILE ALL REQUIRED INSURANCE 20. ALL DIMENSIONS NOTED "VERIFY" AND V.I.F. ARE TO BE CHECKED BY CONTRACTOR PRIOR TO Apartment 7N A-010 SITE PLAN CERTIFICATES WITH THE DEPARTMENT OF BUILDINGS,OBTAIN ALL REQUIRED PERMITS,AND PAY ALL CONSTRUCTION. IMMEDIATELY REPORT ANY VARIANCES TO THE ARCHITECT FOR RESOLUTION. ROOM MARKER p BEDROOM Room name New York, NY 10128 A-100 BASEMENT / FOUNDATION PLAN FEES REQUIRED BY THE GOVERNING NEW YORK CITY AGENCIES. 21. DETAILS SHOWN ARE TYPICAL. SIMILAR DETAILS APPLY IN SIMILAR CONDITIONS. 101 A-101 FIRST FLOOR PLAN 3. MINOR DETAILS NOT USUALLY SHOWN OR SPECIFIED, BUT REQUIRED FOR PROPER CONSTRUCTION 22, VERIFY ALL DETAILS WITH ARCHITECTURAL,STRUCTURAL, CIVIL, MECHANICAL AND ELECTRICAL ARCHITECT: A-102 SECOND FLOOR PLAN OF ANY PART OF THE WORK SHALL BE INCLUDED AS IF THEY WERE INDICATED IN THE DRAWINGS. DRAWINGS BEFORE THE ORDERING OR INSTALLATION OF ANY WORK. 1 WEDDLE GILMORE A-103 ROOF PLAN 4. THE CONTRACTOR SHALL COORDINATE ALL WORK PROCEDURES WITH THE STIPULATIONS OF 23. INSTALL ALL FIXTURES, EQUIPMENT AND MATERIALS PER MANUFACTURER'S RECOMMENDATIONS. ELEVATION MARKER black rock studio A-110 LOT COVERAGE DIAGRAM LOCAL AUTHORITIES. 2 A000 4 Elevation identification 5. THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE PROTECTION OF ALL CONDITIONS AND 24. VERIFY CLEARANCES FOR FLUES,VENTS,CHASES,SOFFITS, FIXTURES, ETC. BEFORE ANY 6916 East Fifth Avenue 3 - Sheet where elevation appears Scottsdale, Arizona 85251 A-200 EXTERIOR ELEVATIONS MATERIALS WITHIN THE PROPOSED CONSTRUCTION AREA. THE CONTRACTOR SHALL DESIGN AND CONSTRUCTION, ORDERING OF,OR INSTILLATION OF ANY ITEMS OF WORK. A-201 EXTERIOR ELEVATIONS INSTALL ADEQUATE SHORING AND BRACING FOR ALL STRUCTURAL OR REMOVAL TASKS. THE 25. SEALANT,CAULKING AND FLASHING, ETC. LOCATIONS SHOWN ON DRAWINGS ARE NOT CONTRACTOR SHALL HAVE SOLE RESPONSIBILITY FOR ANY DAMAGE OR INJURIES CAUSED BY OR INTENDED TO BE INCLUSIVE. FOLLOW MANUFACTURER'S INSTALLATION RECOMMENDATIONS AND DANNY GAULT DURING THE EXECUTION OF THE WORK. STANDARD INDUSTRY AND BUILDING PRACTICES. 480 517 5055 phone 6. THE CONTRACTOR SHALL LAY OUT HIS OWN WORK,AND SHALL PROVIDE ALL DIMENSIONS 26. THE GENERAL CONTRACTOR SHALL REMOVE ALL RUBBISH AND WASTE iMATERIALS OF ALL CODEANALYSIS 480 517 5057 fax REQUIRED FOR OTHER TRADES: PLUMBING, ELECTRICAL, ETC. SUBCONTRACTORS AND TRADES ON A REGULAR BASIS,AND SHALL EXERCISE STRICT CONTROL dgault@weddlegilmore.com 7. PLUMBING WORK SHALL BE PERFORMED BY PERSONS LICENSED IN THEIR TRADES,WHO SHALL OVER JOB CLEANING TO PREVENT ANY DIRECT DEBRIS OR DUST FROM,AFFECTING,IN ANY WAY, ARRANGE FOR AND OBTAIN THROUGH THE DEPARTMENT OF BUILDINGS ALL REQUIRED PERMITS, FINISHED AREAS IN OR OUTSIDE JOB SITE. CONTRACTOR SHALL LEAVE PREMISES AND ALL AFFECTED AREAS CLEAN AND ORDERLY, READY FOR OCCUPANCY. THIS INCLUDES CLEANING OF CODE REFERENCES: MICHAEL GILMORE INSPECTIONS AND REQUIRED SIGN OFFS. ALL GLASS AND FRAMES, BOTH NEW AND EXISTING. 480 861 7617 phone 8. ELECTRICAL WORK SHALL BE PERFORMED BY PERSONS LICENSED IN THEIR TRADES, WHO SHALL 27. GLASS SUBJECT TO HUMAN IMPACT SHALL BE OF SAFETY GLAZING. 480 517 5057 fax ARRANGE FOR AND OBTAIN THROUGH THE BUREAU OF ELECTRICAL CONTROL ALL REQUIRED BUILDING CODE: 2015 INTERNATIONAL RESIDENTIAL CODE mgilmore@weddlegilmore.com PERMITS, INSPECTIONS AND REQUIRED SIGN OFFS. 28. THE GENERAL CONTRACTOR IS REQUIRED TO PROVIDE A LIST OF ALL SUIBCONTRACTORS TO BE w/2017 AMENDMENTS 9. THE CONTRACTOR SHALL DO ALL CUTTING, PATCHING, REPAIRING AS REQUIRED TO PERFORM ALL USED AND SUBMIT THIS LIST TO THE OWNER AND ARCHITECT. OF THE WORK INDICATED ON THE DRAWINGS,AND ALL OTHER WORK THAT MAY BE REQUIRED TO 29. NO MATERIAL SUBSTITUTIONS WILL BE ALLOWED UNLESS SUBMITTED IN WRITING TO THE ARCHITECT ELECTRICAL CODE: 2015 NEW YORK STATE ELECTRICAL DE COMPLETE THE JOB. OR OWNER FOR APPROVAL. THE GENERAL CONTRACTOR IS RESPONSIBLE FOR SUBMITTING (2) MECHANICAL CODE: 2015 NEW YORK STATE BUILDING CODE 10. THERE IS NO CHANGE OF USE,OCCUPANCY, EGRESS OR ZONING THIS APPLICATION. SAMPLES OF EACH SUBSTITUTION. PLUMBING CODE: 2015 NEW YORK STATE PLUMBING CODE 11. THE WORK INCLUDED UNDER THIS CONTRACT CONSISTS OF ALL LABOR, MATERIALS, 30. THE GENERAL CONTRACTOR OR SUBCONTRACTOR SHALL INFORM THE OWNER IN WRITING OF TRANSPORTATION,TOOLS AND EQUIPMENT NECESSARY FOR THE CONSTRUCTION OF THE PROJECT ANY UTILITY CHANGES OR SHUTDOWNS THAT REQUIRE OWNER'S INPUT. FIRE AND LIFE SAFETY CODE: 2015 INTERNATIONAL RESIDENTIAL CODE LEAVING ALL WORK READY FOR USE. 31. ALL ARCHITECTURAL MILLWORK SHALL BE MANUFACTURED AND INSTALLED IN ACCORDANCE w/ 2017 AMENDMENTS 12. THE PLANS INDICATE THE GENERAL EXTENT OF NEW CONSTRUCTION NECESSARY FOR THE WORK, WITH AWI PREMIUM GRADE SPECIFICATIONS. BUT ARE NOT INTENDED TO BE ALL-INCLUSIVE. ALL DEMOLITION AND ALL NEW WORK NECESSARY ENERGY CONSERVATION CODE: 2015 NYSECC TO ALLOW FOR A FINISHED JOB IN ACCORDANCE WITH THE INTENTION OF THE DRAWING IS INCLUDED REGARDLESS OF WHETHER SHOWN ON THE DRAWINGS OR MENTIONED IN THE NOTES. NOTE: ALL WORK IS NEW, U.O.N. THERE IS NO CHANGE OF USE, OCCUPANCY, EGRESS, OR ZONING 13. ANY ERRORS, OMISSIONS OR CONFLICTS FOUND IN THE VARIOUS PARTS OF THE CONSTRUCTION THIS APPLICATION DOCUMENTS SHALL BE BROUGHT TO THE ATTENTION OF THE ARCHITECT AND THE OWNER FOR CLARIFICATION BEFORE PROCEEDING WITH THE WORK. 14. THE GENERAL CONTRACTOR SHALL MAINTAIN A CURRENT AND COMPLETE SET OF THE SCOPE OF WCONSTRUCTION DOCUMENTS ON THE JOB SITE DURING ALL PHASES OF CONSTRUCTION FOR USE OF ALL THE TRADES AND SHALL PROVIDE ALL THE SUBCONTRACTORS WITH CURRENT CONSTRUCTION DOCUMENTS AS REQUIRED. 15. THE GENERAL CONTRACTOR SHALL VERIFY AND ASSUME RESPONSIBILITY FOR ALL DIMENSIONS CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE & DETACHED GARAGE. AND SITE CONDITIONS. THE GENERAL CONTRACTOR SHALL INSPECT THE EXISTING PREMISES AND GARAGE TO HAVE PLUMBING FIXTURES THAT OPERATE ON AN INDEPENDENT TAKE NOTE OF EXISTING CONDITIONS PRIOR TO SUBMITTING PRICES. NO CLAIM SHALL BE SANITARY SYSTEM FROM THE MAIN RESIDENCE. ALLOWED FOR DIFFICULTIES ENCOUNTERED WHICH COULD HAVE REASONABLY BEEN INFERRED FROM SUCH AN EXAMINATION. LOT AREA: 40,707 SF 16. WRITTEN DIMENSIONS TAKE PRECEDENCE. DO NOT SCALE DRAWINGS. 17. ALL DIMENSIONS TO AND FROM NEW CONSTRUCTION WHEN SHOWN IN PLAN ARE TO FACE OF EXISTING SQUARE FOOTAGE: 7,200 SF (TENNIS COURT) FINISH UNLESS OTHERWISE NOTED. NEW SQUARE FOOTAGE: 5,425 SF (SEE SHEET A-110) LOCATION CLIMATIC & GEOGRAPHIC DESIGN CRITERIA PLOT PLAN: LOT 15 - 920 KIMBERLY LANE 2015 IRC w/ 2017 AMENDMENTS - TABLE R301 .2(1) PARADISE BY THE BAY - Town of Southold , NY COUNTY: Suffolk County ZONE: R40 GROUND WIND WIND SIESMIC SUBJECT TO DAMAGE FROM WINTER ICE BARRIER FLOOD AIR MEAN SNOW SPEED BORNE DESIGN DESIGN UNDERLAY HAZARD FREEZING ANNUAL N LOAD (MPH) DEBRIS ZONE CATAGORY TEMP (°F) REQUIRED INDEX TEMP (°F) f/J AREA OF WORK SOUTHOLD BAY WEATHERING FROST LINE DEPTH TERMITES 25 PSF 140 MPH 1 B SEVERE 3'-4'-0" MODERATE TO 10 YES 9-25-2009 1500 OR 56.8 HEAVY LOWER �l q Z 'L l rn v SEP 16 2021 ZONING BOARD OF !L GOOSE \ � CREEK �N3O3.tbis �SoEo d n M 04110 REVISIONS/PACKAGES 6.18.2021 BD SUBMITTAL 920 KIMBEOROLY LANE MARK CUNNINGHAM 07.27.2021 REVISION &ZBA SET SOUTHOLD BAY RESIDENCE • SOUTHOLD, N Y 11917 JULY.27.2021 PLOT DATE : . COVER SHEET Wg2008 PROJECT# ------ ------ FOLD UP WEATHER RESISTIVE BARRIER AND TEMPORARILY SECURE WEATHER RESISTIVE BARRIER / EXTERIOR SHEATHING / 3 UNDERNEATH I SILL PLATE CORNER PATCH RECOMMENDED HEAD FLASHING TIE-IN INSTRUCTIONS: 1.CUT, FOLD UP AND TEMPORARILY SECURE WEATHER RESISTIVE BARRIER ABOVE HEADER TO ALLOW FOR FLASHING INSTALLATION II 2. INSTALL HEAD FLASHING UNDER WEATHER it RESISTIVE BARRIER ALONG HEADER 2x6 TREATED SILL PLATE ANCHOR � 3. FOLD WEATHER RESISTIVE BARRIER BACK OVER HEAD FLASIHING BOLTED TO FOUNDATION WALL 'I �l AND SEAL WITH TAPE AS SHOWN ABOVE I SILL SEALER &METAL TERMITE GUARD FINISH FLOOR TYPICAL SELF-ADHERED WINDOW FLASHING DETAIL NTS „ EXTERIOR WOOD FINISH WOOD FRAME FLOOR CONSTRUCTION & INSULATION FINISH GRADE a �I Q 0 0 0 (c) o WATERPROOFING A FINISH CEILING SYSTEM &DRAINAGE MAT APPLIEDO PROOFING J BEAM HANGER I — FOUNDATION WALL Q PER MANUFACTURER 3 ° o RECOMMENDATIONS z 10"REINFORCED CONCRETE a I I I I I I I I I I I 0 FOUNDATION WALL �I _ Q b CMPAit a O CTED CLEAN SAND 71 BACKFILL O � ° o i- 71O C� -7-z, FF z O Oo 0 EACH WINDOW TO RECEIVE 1/2" THICK BY SIZE OF WINDOW +4"ALL SIDES CDX PLYWOOD l a � o a _ N'CONCRETE SLAB ( I — REINFORCED w/WELDED WIRE MESH I I I - --_ PROVIDE CONTINUOUS DAMP ° o PROOFING AT FOOTING CONCRETE FOOTING BELOW FROST LINE a� I _ o ( PROVIDE#8 X 2"CORROSION RESISTANT SCREWS @ 8"O.C. 0 0 0 0 0 0 0 0 r UNDISTURBED NATURAL SOIL OR ENGINEERED FILL �CCEIVED SEP Y WINDAURRICANE PROTECTION DETAIL s 2021 TYPICALBASEMENT WAIL 1-1/2"= 1'-0" ZONINC,'B0ARD o 1 1/2 V-0" 14 AO /77 REVISIONS/ PACKAGES 920 I(IMBERLY LANE ti08d ® 6.18.2021 BD SUBMITTAL MARK CUNNINGHAM . . 07.27.2021 REVISION &ZBA SET SOUTHOLD BAY RESIDENCE SOUTHOLD, NY 1 1 917 JULY.27.2021 PLOT DATE lid W92008 PROJECT# TYPICAL DETAILS ' A SURVEY OF LOT 15 MAP OF PARADISE BY THE BAY FILE No. 6463 FILED NOVEMBER 4, 1976 SITUATE SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-70-13-20.15 SCALE 1 "=30' MAY 13, 2021 JUNE 11, 2021 UPDATE SURVEY AREA = 40,707 sq. ft. 0.935 ac. ROAD � X ROXA-NN NOTES: •�,� x CONC. CURB , R=25.00' ' 1. ZONING USE DISTRICT: R-40 L=36.54 x" „ E POST do RAIL FENCE NOTES: N 84e22'20 HEDGE Row 1. ELEVATIONS ARE REFERENCED TO N.A.V.D. 1988 DATUM pRAIN RIS R_25.00' GRAS Eve DEER �+ '10 1. ELEVATIONS ARE SHOWN THUS:X= L=39.27 11 � F.FL— FIRST FLOOR NEW UTILITY HEDGE ROW O CA G.FL.— GARAGE FLOOR POLE LIPA#60 1 x O OLD UTILITY POLE UPA#60 9 GUY WIRE :A. 80' °• .. a•:' �d. t • � ENVELOPE • a PRINCIPAL BUILDING O N0 9 • ' • • . . m70 •. • •,,. 'di C LA n A. ..•. : •, •4 a• �� x �c z a • .4 .. •, LOT 15 ` 5p CP. F•!—I a W •, zc lea G 5O, ..° . • RAMP Co. ry .a 1. °.,.•- ` EIFCTRIx-may ' s• • • ~y POST FOR' . ao FRAME Y BOX ON •' SHED : °•• d g�ACK� �'12.4' HEDGE ROW x I . _ _)Z C C. 4.5'N. p. I REEK _ –�71 VIER E O qU – PAL FENCE _ —– — '" Is. O 259-009 \.,J x .z m _ —'"�-1YELL HATER w, O C 18 a 22,20.E W LOT 14 WZ , z. PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TITLE SURVEYS AS ESTABUSHED BY THE LIALS. AND APPROVED AND ADOPTED FOR SUCH USE BY THE NEW YORK STATE LAND TITLE ASSOCIATION. N.Y.S. tic. No. 50467 UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE LA EDUCATION LAW. Nathan Taft Corwin III COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR � �� r��®r EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. CERTIFICATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED. AND ON HIS BEHALF TO THE Successor To: Stanley J. Isaksen, Jr. L.S. TITLE COMPANY, GOVERNMENTAL AGENCY AND Y LENDING INSTITUTION LISTED HEREON, AND Joseph A. Ingegno L.S. TO THE ASSIGNEES OF THE LENDING INSTI– TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. rifle Surveys — Subdivisions — Site Plans — Construction Layout Cj✓ C, PHONE (631)727-2090 Fax (631)727-1727 THE EXISTENCE OF RIGHTS OF WAY OFFICES LOCATED AT AMUNG ADDRESS j ANY, NOT SHOWN�AREFRECORD, 16 NOT Jamesport, New York IF 1586 Main d11947 JamesP ort,New xYork k 11947 ZOv1�,G F30A S Z021 Rn 41-130 G\A\T E C T 0RF LU LV( 1 T REVISIONS/PACKAGES 920 STA�� 1(1MBEP"k0' 1L.V, 6.18.2021 BD SUBMITTAL MARK CUNNINGHAM " ' 07.27.2021 REVISION &ZBA SET SOUTHOLD BAY RESIDENCE SOUTHOLD,, NY 11917 JULY.27.2021 PLOT DATESITE SURVEY PROJECT# wg2oos NTS 1 SITE PLAN KEYNOTES OEXISTING WELL @ 825 KIMBERLY LANE 02 REMOVE EXISTING SHED, RAMP &ANY ASSOCIATED ELEMENTS BELOW GRADE 03 REMOVE EXISTING SLATE PATIO, REPLACE WITH NEW PAVERS & RAISED PATIO, +12"ABOVE FINISH GRADE ORELOCATE EXISTING SPRINKLER CONTROLS OCOVERED BREEZEWAY OCOVERED PORCH ( PERVIOUS GRAVEL/BROKEN SHELL VACANT LOT GROUND COVER E_n O PERVIOUS GRAVEL/BROKEN SHELL DRIVEWAY OPATIO PAVERS @ GRADE 10 JACUZZI 11 3'-0"TALL DECORATIVE SITE WALL 1� 1� X x ROXANNE LANE x o00 13.0 CONC. cuRe 15. 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REVISIONS/PACKAGES * oso5�� STATE OF� 920 KIMBERLY LANE 6.18.2021 BD SUBMITTAL MARK CUNNINGHAM 07.27.2021 REVISION &ZBA SET N SOUTHOLD BAY RESIDENCE SOUTHOLD, NY 11917 JULY.27.2021 PLOT DATEI I I I I SITE PLAN PROJECT# wg2008 0' 25' 50 75' loo' = 201-011 BASEMENT KEYNOTES 10 10" REINFORCED CONCRETE WALLS ON 10'x22"CONTINUOUS FOOTINGS OSTEEL COLUMN ON SPREAD FOOTINGS 3O MASONRY FIREPLACE& CHIMNEY STRUCTURE O4 STEEL/WOOD BEAM STRUCTURE 80'-5" ABOVE ol 22'-4" O WOOD BASEMENT STAIR - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - -- - - - � - - - - - - - - — — — — — — — — — — — --- — — — — — — — — — — — — — — — — 6 BASEMENT EGRESS TOBILCODOORS / / /! // / % / ! ! /Z Z ! 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MIMI L 19 REVISIONS/PACKAGEOF S I A 920 6.18.2021 BD SUBMITTAL l(IMBEKLY UiNE MARK CUNNINGHAM 07.27.2021 REVISION &ZBA SET SOUTHOLD BAY RESIDENCE SOUTHOLD, NY 11917`` � JULY.27.2021 PLOT DATE EXTERIOR ELEVATIONS Wg2008 PROJECT# i i n 1 /4 = 1 -0 y _ i COUNTY OF SUFFOLK RECEIVED SEP 2 7 2021 ZONING BOARD OF APPEALS OFFICE OF THE COUNTY EXECUTIVE Steven Bellone SUFFOLK COUNTY EXECUTIVE Natalie Wright Department of Commissioner Economic Development and Planning September 17, 2021 Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold,NY 11971-0959 Attn: Leslie Weisman Dear Ms. Weisman: Pursuant to the requirements of Sections A14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number Jay Mandelbaum #7579 Very truly yours, Sarah Lansdale Director of Planning R lre� By Christine DeSalvo Theodore R. Klein, Principal Planner TRK/cd Division of Planning&Environment H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th FI r P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 0 (631)863-6191 1 MAR 3 2022 ANNEGAt LAW; RC 13250 MAIN ROAD P.O. BOX 1452 MAlTITI.ICK,NEW YORK 11952 (631)315-6070 MARTIN D. FINNEGAN, ESQ. MFINNEGAN@NORTH FORK-LEGAL.COM Via Electronic Mail March 2, 2022 Ms. Leslie Kanes Weisman, Chairperson Zoning Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971-0959 Re: Southold Zoning Board of Appeals Variance Application Owner: Jay P. Mandelbaum and Lauren Gordon Premises: 920 Kimberly Lane, Southold SCTM #: 1000-070.00-13.00-020.015 Dear Chairperson Weisman and Members of the Board: In furtherance of the Mandelbaum's continued good faith efforts to address the Zoning Board of Appeals' stated concerns about the proposed construction of a 4-bedroom home on their property, I am submitting herewith an alternative proposal that reduces lot coverage over 7-percent to 23.88% from the original applied for 31.04%. The revised design reduces the size and footprint of the tennis court, house, and garage significantly. Three of 4 bedrooms were moved to the second floor. The tennis court footprint was reduced by over 1500SF, the house was reduced by 1,328SF and the garage by over 50SF. 1.6-percent of the lot coverage is attributable to the patio areas that are only slightly elevated to accommodate the foundation of the house, but like the tennis court, they are essentially ground cover. If they are viewed as such, the actual structural lot coverage is only 22,2%. In fact, if the proposed house, garage and jacuzzi only require 8.3% lot coverage, the balance of 13.9% is consumed by the existing tennis court. Although the court surface is arguably no different than a patio at grade or a driveway, a variance is required here simply because the addition of a net and perimeter fence deems it a structure. 1 S 1\ The court is entirely screened, and as previously determined, it has no adverse impact on the neighborhood. Below are a few additional points to consider: 1. The project is otherwise entirely conforming to the bulk schedule despite the constraints of two front yards. 2. There are other tennis courts in the neighborhood and lot coverage relief has been granted on Kimberly Lane. I direct the Board's attention to the Laoudis property at 405 Kimberly Lane. Although the parcel is larger, it was granted significant variance relief for multiple structures including a 38% lot coverage variance. (See ZBA Determination #s 5077, 5078 and 5238). This proposal significantly reduces the substantiality of the required relief. As there was no neighborhood opposition to the original request for 31% relief, it is clear that the proposed construction is consistent with the character of homes on Kimberly Lane and the record is devoid of any evidence of adverse impacts related to the granting of the one requested variance. It is respectfully requested that the Zoning Board of Appeals accept this proposal at the March 3rd public hearing and grant alternative relief for 23.88% lot coverage. Please feel free to contact me with any questions or if you require any further information. Ve truly y urs, Martin D. gan MDF/as Encl. cc: John Burke, Deputy Town Attorney 1000-70.-13-20.35 X Q Show search results for 1000 a Iwo Pv pal AW e r F x AIL Y nv � P€Rv law of W M1 �•C Y��.ale. �._' a�'* � Jc x,o d an {: a e ROXANNE LANE LOT COVERAGES EXISTING LOT AREA 40,707 SF 20% ALLOWABLE COVER 8,141 SF TENNIS COURT 5,666 SF MAIN HOUSE 2,382 SF — — - — — — — — — — — GARAGE 843 SF "N' JACUZZI 123 SF BACK PATIO 605 SF FRONT PATIO 70 SF N so'-o^ BILCO DOORS 33 SF TOTAL 9,722 SF iv 2 I TOTAL COVERAGE 23.88 % I 1 1 I_ 1 JACU221 123 SF 1 20'-0" 1 PATIO 1 LLI 70 SF RESIZED _ 1 tEN _ 5,6 COURT MAIN HOUSE 1 Q c? 5.666 st 7C 2.382 SF N 1 ♦- 1 1PATIO O 605 Sf 1 z 501-0" 1 1 Z 1 rn I I 1 1 1 I � 1 OILCO DOORS 1 33 SIF I 1 1 PRINCIPAL SET BACKul 1- 1 N ' 1 EASEMENT PROPERTY LINE 920 KIMBERLY LANE REVISIONS I PACKAGES WEDDLE GILMORE MARK CUNNINGHAM ��/y(\N SOUTHOLD BAY RESIDENCE A 1 SOUTHOLD, NY 11917 PE8.07.2022 PLOT DATE LOT COVERAGE DIAGRAM u_ I0.00 wg2008 PROJECT# \�//�C 1-1 RECEIVED )R NO '3 I IWN OF S13UTHOLD SEP 167.021 AU1L: &G'DEPXRTMENTBOARD OF APPEALS SOUTHOLD,-N.Y. ®IVIiVG NOTICE OF DISAPPROVAL DATE: August 4,2021 TO: Martin Finnegan (Mandelbaum) PO Box 9398 Riverhead,NY 11901 Please take notice that your application dated July 7,2021: For permit to: construct a single-family dwelling and an accessory raised patio with hot tub at: Location of property: 920 Kimberly.Lane, Southold,NY County Tax Map No. 1000—Section 70 Block 13 . Lot 20.15 Is returned herewith and disapproved on the following grounds: The proposed construction,on this conforming 40,707 sq. ft. lot in the R-40 District, is not permitted pursuant to Bulk Schedule which requires maximum lot coverage of 20%. The lot coverage is at 31%. In addition,the proposed accessory raised patio and hot tub are not permitted pursuant to Article III, Section 280-15,which states accessory buildings and structures shall be located in the required rear yard. The accessory structures are located partially in the side yard. Authorized Si na 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. BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson �O��Of SUyO1 53095 Main Road• P.O. Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: - Eric Dantes cn Jr Town Annex/First Floor, Robert Lehnert,Jr. COQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento OlyCO(I Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD � Tel ,(631) 765-1809 Fax(631)765-9064 SEp 16 2021 ZONING BOARD OF APPEALS August25,2021 Martin Finnegan Twomey-Latham Shea Kelly, et a1 P.O*'Box 9398 Riverhead,NY 11901 RE: Request for Extension Appeal No. 6359, Mandelbaum SCTM No. 1000-70-13-20.15 Dear Mr. Finnegan; On August 10, 20211 received your correspondence dated August 9, 2021 requesting an extension of the required time frame in which.your client agreed to comply with the Zoning Board's conditions of approval for an accessory tennis court on a lot without a principal use.(dwelling). In that June 10, 2010 determination(ZBA File#6359)your client was required to commence construction of a conforming single-family dwelling and to obtain a Certificate.cate.of Occupancy from the Building Department by Novem'ber 30, 2021. Furthermore, failure to do so would extinguish,the temporary certificate of occupancy for the tennis court,which would subsequently have.to be removed by January 31, 2022. Also, as a condition of approval by the ZBA, on-December 14, 2010,your client filed with the Suffolk County Clerk, a binding Declaration of Covenants and Restrictions (C &R's) agreeing to all-of the conditions of approval set forth in the June 2010 ZBA determination. Inyour letter you explained-that the Mandelbaum family has been planning the construction of a . dwelling on.the subject property for some time, that the design and.survey work was delayed by the ongoing pandemic,.a building permit was disapproved on August 4,2021, and that a requisite area variance application will be promptlysubmitted. During the Special Meeting of August 19, 2021, members of the Zoning Board of Appeals and the Town Attorney reviewed and discussed your request.- The Board-members unanimously felt that your client willingly entered into the terms of approval by signing and filing the required C&R's, that the eleven-year time frame granted by the Board was more than sufficient for your client to have complied with the approval by constructing a conforming dwelling-on.the subject pro.perty,.and that there is insufficient justification to extend that deadline. In addition,the filed C &R's run with the land and can onlybe modified by a majority vote plus one at a public hearing, and that the terms of the C &R's shall prevail. Mandelbaum, SCTM No. 1000-70- 15 Page 2 Feel free to contact our office if you have any further questions or concerns. I will instruct the office to send a copy of this letter to the Building Department. Sinre RECEIVED -�T 79 Xiee eisman ✓' SEP 1 6 2021 Chairperson ZONING BOARD OF APPEALS cc: Michael.Verity, Chief Building Inspector William Duffy, Town Attorney F. TOWN OF SOU THOLD BUILDING DEPARTMENT Town Hall Annex.54375 Main Road P.O.Box 1179 Southold,NY 11971:-0959' Telephone(631)765-1802 Fax(631.)765-9502 Imttpfi://www.southoldtownn8r. ov Date Received APPLICATION FOR BUILDING PERMIT For Office Use Only PERMIT NO. Building inspector: RECEIVE® Apitcations a forms rn,xbe filled4out in` helr ar SL InCcapete //.�P ppflcat,oPs�J not be accepted bVl,ere theApplicantrms nat the owners aa° 4 16 2021 entirety t��i►ner*s��x>1r1�'t�iott f+�rm{Page 2}shall Abe a�►��e#ed�, ��„�� , Date.June Z 23, 2021 RD GFAPP.EALS Name: day P. Mandel baum and Lauren Gordon SCTM#1000 070.00 13:00:020.0:16. _».._ Protect Address: 920 Kimberly Lane,Southold, NY 11871 Phone#s c/o 631-7,i,7-2'180 x265 Email:c/o mfinnegan@suffolklaw:oom Mailing Address:; 40 E.89th Street,Apt. 141), New York, NY 10128 �`1tl � I.i'i9tV -� � x.s. - _ - a. t Name:Martin D. Finnegan, Esq. M!2fl q Address: Post Office Box 9398,33 W.Second Street, Riverhead; NY 11901 »..._ .,. 'Phone#: '631727 2180 x265 Email. mfinnegan@suffolklaw.com Name:l/Ueddle=Gilmore Black Rock Sfudio-Danny Gaulf and Michael�iimore ' Mailing.Address 6916 East Flftti Avenue, Scottsdale,AZ 85251 w. . w._ Phone#• 480 517 5055 Danny Gault 480,8617H,1.7.,Michael..Gilmore ..,... __._.:W,. Email:dgau(t@weddlegiimare com,mgiimore@weddlegilmore: m - :,.»,. ^ MIMIh ,e„7 �s Name:TB[? Mailing'Address: Phone#: Email ��+�.��.311F Y lG�!'�f#��J�il✓�lV�[1l]��V.3 , 9��x �� '�yj, k �E# .d ✓ -», - ➢3a _ e iM `ms-T�..:o New Structure :E]Additich 0Alteratioh CIRepair,CODemolition Estimated Gust of Project. '.Opther' UUiII the.lat be re-graded? ❑Yes*0 Will excess fill be removed from premises?XYes RNO, 1 RECEIVED Twomey 17A Latham T�_" SHEA, KELLEY, DUBIN & QUARTARARO, LLP SEP 16 2021 ZONING BOARD OF APPEALS Thomas A.Twomey,Jr. Martin D.Finnegan (1945-2014) Partner Stephen B.Latham John F.Shea,III 631-727-2180,x-265 David M.Dubin •. Christopher Kelley mfinnegan@suffolklaw.com Jay P.Quartararo t August 9, 2021 Peter M.Mott By Hand Janice L.Snead Anne Marie Goodale Ms. Leslie Kanes Weisman, Chairperson Bryan C.Van Cott Kathryn Dalli Zoning Board of Appeals Laura I.Dunathan P.O. Box 1179 Patrick B.Fife Martin D.Finnegan o Southold,NY 11971-0959 Reza Ebrahimi Jeffrey W.Pagano ■ Re: Variance Extension Request—ZBA File#6359 Bryan J.Drago Premises: 920 Kimberly Lane, Southold,NY Bernadette E.Tuthill Craig H.Handler SCTM#1000-70-13-20.15 Alexandra Halsey-Storch Melissa S.Doris Katerina Grinko Dear Chairperson Weisman and Members of the Board: Lorraine Paceleo b Terrence Russell Daniel R.Bernard t• This office represents Jay Mandelbaum who was granted a variance by the Christina M.Noon A.Chadwick Briedis Zoning Board of Appeal on June 14,2010 by way of Determination 6359 of 2010, for the construction of a tennis court on the subject vacant lot. The variance OF COUNSEL approval was conditioned upon a covenant by the owner to construct a single-family Lisa Clare Kombrink Kevin M.Fox ; residence on the property by November 30, 2021. Although the Mandelbaum Kelly E.Kinirons Family has been planning the construction for some time,the design and survey Karen A.Hoeg,, Patricia J.Russell work was delayed by the onslaught of development triggered by the ongoing Jennifer P.Nigro . pandemic. The Mandelbaum's application for a building permit was disapproved on August 4, 2021 and they will be submitting the requisite area variance application as NY&LA BARS t LL.M IN TAXATION promptly as possible. ♦ NY&NJ BARS.'_ O NY,NJ&PA BARS ■ NY,NJ&OC BARS NY,NJ&FL BAIj We are respectfully requesting a two (2)year extension of the aforesaid Main Offices construction deadline to enable the Mandelbaums to seek the required variance 33 West Second St. relief and commence construction of a residence on the property to satisfy the P.O.Box 939$ you have anycondition set forth in the 2010 variance. Please let me know if Riverhead,NY 71901 Y questions or require any further information to process this request. 631.727.2190 suffolklaw.com Thank you for your considaegan s, MDF/as cc: Kim Fuentes Bill Duffy, Town Attorney r Office Location: r4f soUTyo Mailing Address: Town Annex/First Floor,Capital One Bank ! 53095 Main Road 54375 Main Road(at Youngs Avenue) 7` P.O.Box 1179 Southold,NY 11971 • Southold,NY 11971-0959 RECEIVED j http://southoldtown.nonhfork.net EC IVSD SEP 1 16 2021 BOARD OF APPEALS TOWN OF SOUTHOLD U t; - ZONING BOARD OF APPEAL Tel.(631)7654809 Fax(631)765-9064 Southold,Town Clerl FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF JUNE 10,2010 ZBA FILE: #6359 NAME OF APPLICANT:Jay P. Mandelbaum SCTM# 1000-70-13-20.15 PROPERTY LOCATION: 920 Kimberly Lane(North Bayview Road and Roxanne Road) Southold,NY SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated January 5, 2010 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP: This application is not subject to review under Chapter 268 because the variance relief requested does not involve features that relate to a regulated natural feature or a bulkhead or other shoreline. PROPERTY FACTS/DESCRIPTION: The,subject property is a vacant 40,707 square feet parcel located in an R- 40 District. .This'lot is a part of the Map of Paradise by the Bay filed November 4, 1976 with the Suffolk County Clerk as Map number 6463. The property contains three front yards; 145.00 feet along North Bayview Road, 179.12 feet along Roxanne Road,97.58 feet on Kimberly Lane and with 259.00 feet on the south property line.The proposed tennis court is shown on the site survey submitted, drawn by Samuels&. Steelman,dated Sept 15, 2009, and revised Feb. 24,2010. BASIS OF APPLICATION: Request for Variance from Code Section 280-13 and 280-105A,based on an application for building permit to build a tennis court on a vacant lot,and the Building Inspector's October 2,2009, Amended February 25,2010 Notice of Disapproval stating that the use of a tennis court is not permitted on a vacant lot(without a principal dwelling)and the tennis court fence will exceed the code limit of 4 feet in height. Location of Property: 920 Kimberly Lane,(North Bayview Rd.&-Roxanne Rd.)Southold,NY; CTM# 70- 13-20.15. (Paradise by the Bay subdivision) . RELIEF REQUESTED: The applicant proposes to construct an accessory tennis court in a conforming location on a lot that is construed to be a vacant parcel without the benefit of a principal dwelling, and to construct a fence 10 feet in height,whereas Town Code specifies.a 4 foot maximum height in a front yard and a 6 foot maximum height in the side and rear yards. ADDITIONAL INFORMATION: The Board received the requested survey showing a proposed building envelope, a landscape plan,the proposed style of fence and ingress and egress from the property on Kimberly Lane' Page 2—June 10,2010 ( RECEIVED ZBA File#6359—Jay P.Mandelbaum — ED CTM: 1000-70-33-20.15 SEP 162021 FINDINGS OF FACT/REASONS FOR BOARD ACTION: ZONING BOARD OF APPEALS The Zoning Board of Appeals held a public hearing on this application March 25,2010 and May 20,2010,at which time written and oral evidence were presented. Based upon all testimony,documentation,personal inspection of the property,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law§267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The.Zoning Code does not authorize construction of accessory structures on this vacant parcel, except those that receive variance approval. In many situations, the Zoning Board of Appeals has denied variance requests for an accessory structure on vacant lots. All these requests must be considered separately and individually under use variance standards,especially because the code requires a single-family.dwelling or other permitted principal building to be in existence prior to an approval by the Building Inspector of a building permit, for such an accessory structure. In this case,the applicant owns two vacant lots,on opposite corners, and his house is on the lot across the street. The character of the neighborhood is comprised of one-acre lots with many waterfront parcels, and the majority of these parcels are already improved with single- family dwellings. The Board has determined that the addition of this particular tennis court, albeit on a vacant parcel, but restricted by the additional conditions as set forth in this.decision, will not change the residential character of the neighborhood,or be a detriment to other properties. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant owns a single-family dwelling on the parcel across the street,which is a waterfront lot,and there is not enough area to construct a private tennis court. 3. Town Law&267-bQ)(b)(3). The variance granted herein is substantial. The applicant is seeking a 100%o relief from the code. However, the applicant is willing to place covenants and restrictions on the property that would mitigate neighborhood concerns and other foreseeable future conflicts. 4. Town Law _&267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The Board has tailored this decision to address both the specific request of the Applicant, and the documented response from the majority of the neighbors who spoke and provided written testimony at the Public hearing. Neighbors expressed concern that the natural landscape remains as unchanged as possible along North Bayview Road, and that no lighting is allowed. Some neighbors suggested that no fencing be allowed, the Applicant suggested a particular style of fencing, and this Board has determined.to allow for fencing customary to tennis courts. The Applicant submitted a landscape plan that screens the tennis court from both North Bayview Road and Roxanne Road.The proposed covenants and restrictions further address all the expressed concerns. 5. Town Law sa267-b(3)(b)(51. The difficulty has been self-created. The applicant could have proposed the tennis court on his house lot, however, this is a waterfront lot and the tennis court would have to be placed in the front yard,which already contains an in-ground swimming pool. 6. Town Law 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an accessory tennis court while preserving and protecting the character of the neighborhood and the health,safety and welfare of the community. If the.Board were interested in conditioning the vacant parcel for a specific time, it would give the applicant a time'in which to construct a principal dwelling on the parcel. The applicant would then be able to use and enjoy the tennis court and if he chose not to build a single- family dwelling, the tennis court would be removed. This conditional time period approval would be contingent upon the present fee owner continuing to own the improved parcel across the street, identified as SCTM#1000-70- 13-20.5. It can be accomplished by placing covenants and restrictions on both parcelsn consideration of the Page 3—June 40,2014 ZBA File#6359—Jay P.Mandelbaurn SEP 16 2021 CTM: 1000-74-13-20.15 ZONING BOARD OF pp�q balancing test, the Board has determined that the benefit to the applicant with these Covenants and Res>E�ncpeA� applied,outweighs the detriment.to the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Member Dinizio, and duly carried,to GRANT OF CONDITIONAL APPROVAL, of the variance as applied for, to this FEE OWNER ONLY, and shown on the Landscape plan prepared by Lisa Bynon Garden Design dated received by ZBA on May 14,2010 and Site Plan prepared 9/15/09,revised 2/24/10,by Samuels and Steelman,Architects. Covenants and Restrictions shall be placed on this parcel and be made part of this decision, and shall be filed with the Suffolk County Clerk within thirty(30)days of the filing of this decision with the Southold Town Clerk. Conditions: 1. Allow only the construction of an unlighted tennis court on the subject parcel. 2. The variance for the fence used in conjunction with the tennis court shall be black chain link and not to exceed 6.5 feet in height. 3.Plantings on North Bayview Road and Roxanne Road shall screen the courton the two sides and be a minimum height of eight(8)feet, continuously maintained. 4. The period of use,starts at the date of the execution of this decision. Prior to the use of said tennis Court owner must obtain a temporary Certificate of Occupancy. 5.During this period the present fee owner of this property must commence construction of a single family dwelling and obtain a certificate of occupancy,at which time,the Building Inspector can issue a permanent certificate of occupancy for the tennis court. If the fee owner chooses not to construct a conforming•dwelling within this period,the fee owner,must remove the tennis court and place the property back to its original before construction 6. If for any reason the fee owner/applicant sells the property or upon his demise,his inheritants inust remove the tennis court within sixty(60)days of the termination date certain which is November 30, 2021, 7. If the tennis court is not removed by January 31,2022,the Town of Southold Highway Department can enter the parcel for the sole purpose of demolition of the tennis court. The Town of Southold may charge the fee owner a sum of twice the actual cost of removal. The fee cannot exceed the total amount of$36,000.00 for the removal of the tennis court,the fencing and any other charges the Town may incur, This fee charge will be placed upon the title of this vacant parcel as a lien. The commencement of the removal will occur no later than two(2)weeks after a written or verbal refusal to remove. That the above conditions be written.into the Building Inspector's Certificate of Occupancy, when issued. Before applying for a building permit,the applicant or agent must submit to the Board of Appeals for approval and filing,two sets of the final site plan and landscape plan conforming to the relief granted herein and reflecting the conditions/Covenants and Restrictions required in this decision,and two sets of the approved and filed Covenants and Restrictions. The ZBA will forward one set of approved,stamped drawings and filed Covenants and Restrictions to the Building Department.Failure to follow this procedure may result in•the delay or denial of a building permit,and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than- such uses, setbacks and other features as are expressly addressed in this action. The Board reserves.the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. i Page 4—June 10,2010 ZBA File##6359—Jay P.Mandelbwm CTM: 1000-70-13-20.15 Vote of the Board: Ayes:Members Goehringer, Diniaio, Weisman (Chairperson), Schneider. (Absent was:Member Horning) This Resolution was duly adopted(4-0). �F�EIVED P 21 1620 17 Leslie Kanes Weisman Ch irperson I zoNINGgOgRp pFAPP Approved for filing /� /2010 F�+�s CEIVE® N. 16 2010 Soffhold Town Bert RECEF I SEP 16 2021 r�>*a • Z®NING BOARD OF APPEALS JAN it DECLARATION OF COVENANTS AND RESTRICTKIW OF kPpEAtS THIS DECLARATION, made this J`t day of h-(;,r1-Cn-,b-er— , 2010, by Jay P.Mandelbaum and Lauren B.Gordon, residing at 1107 51h Avenue, No.7N, New York, New York 10128, hereinafter referred to "Declarants", WITNESSETH: WHEREAS,Declarants are the owners of certain real property located at 920 Kimberly Lane, Town of Southold, County of Suffolk, State of New York, described in the Suffolk County Tax Map as District 1000, Section 70, Block 13, Lot 20.15, which is more particularly bounded and described asset forth in Schedule"A"annexed hereto,hereinafter referred to the "Property' WHEREAS, the Declarants made an application to the Zoning Board of Appeals for a Variance under Sections 280-13 and 280-105a to build a tennis court on a vacant lot(without a principal dwelling)and a tennis court fence that exceeds the code limit of four(4)feet in height,and a public hearing on the application was held on March 25,2010 and May 20, 2010, at which time the Board received written and oral evidence; WHEREAS, in a decision dated June 14, 2010, based upon all testimony, documentation,personal inspection of the Property,and otherevidence,the Zoning Board of Appeals granted relief for a proposed tennis court as indicated on the landscape plan prepared by Lisa Bynon Garden Design, received by the Zoning Board of Appeals on May 14, 2010 and site plan prepared September 15, 2009, revised February 24, 2010, by Samuels and Steelman Architects, a reduced copy of each is attached hereto as RECEIVED "TS-41 RECEIV SEP 16 2021 ED ZONING BOARD pFgp JAN i o Schedule "B"; _011 PEA BOARD WHEREAS,forand inconsideration of the granting of said approvalWASR4LS Board of Appeals has deemed it in the best interests of the Town of Southold that the within Covenants and Restrictions be imposed on the Property,and said Zoning Board of Appeals has required that the within Declaration be filed in the Suffolk County Clerk's Office; and WHEREAS,the.Declarants have considered the foregoing and has determined that same will be for the best interests of the Declarants and subsequent owners of the Property. NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the Declarants, for the purposes of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the said premises,herein described shall hereafter be subject to the Covenants and Restrictions as herein cited,which shall run with the land and shall be binding upon all purchasers and holders of said lots,their heirs,executors,legal representatives,distributees,successors and assigns to wit: CONDITIONS OF APPROVAL: 1. The aforementioned approval is limited to the construction of an unlit tennis court on the subject Property. 2. The Variance granted for the fence,used in conjunction with the tennis court, requires a black,chain link fence,which is not to exceed six and one half feet(61/2') in height. -2- VED t._ I SEP 16 2021 ZONING BOARD OF APPEALS JAN 10 3. The tennis court shall be screened from view along both 1p SaLS Road and Roxanne Road by continuously maintained plantings,whose minimum heightshall be eight feet (8'). 4. The period of use began on the.date the decision was executed, June 14, 2010. 5. The owners must obtain a Temporary Certificate of Occupancy prior to the use of said tennis court in accordance with the decision of the Zoning Board of Appeals dated June 14, 2010. 6. During the period of the Temporary Certificate of Occupancy,the present fee owner of this Property must commence construction of a single family dwelling and obtain a Certificate of Occupancy. At which time, the Building Inspector can issue a permanent Certificate of Occupancy for the tennis court. If the fee owner chooses not to construct a conforming dwelling by November 30,2021,the fee owner must remove the tennis courtand place the Property back to its original condition. 7. If,for any reason,the fee owner sells the Property,or upon his demise, his inheritants must remove the tennis court within sixty (60) days of the termination date certain, which is November 30, 2021. 8. if the tennis court is not removed by January 31, 2022, the Town of Southold Highway Department can enter the Property for the sole purpose of the demolition of the tennis court. The Town of Southold may charge the fee owner the sum of twice the actual cost of removal. The fee cannot exceed the total amount of Thirty Six Thousand Dollars and 001100($36,000.00)for the removal of the tennis court,the fence and any other charges -3- RECEIVED SEP 16 2021 ECEIVED ZONING BOARD OF APPEALS 1AN that the Town may incur. This fee charged will placed upon the title of this vasWbas a lien. OF Appr-A,.S The commencement of the removal will occur no later than two(2)weeks after the written or verbal refusal to remove. ^r THE FOREGOING Covenants and Restrictions shall run with the land and shall be binding on the Declarants,their heirs,assigns,purchasers,or successors in interest,and upon all persons orentities claiming underthem,and may not be annulled,waived,changed, modified, terminated, revoked or amended by subsequent owners of the Property. If any section, subsection , paragraph, clause, phrase or provision of these Covenants and Restrictions shall,by a Court of competent jurisdiction, be adjudged illegal, unlawful,invalid or held to be unconstitutional,the same shall not affect the validity of these Covenants as a.whole,or any other part or provision hereof,other than the part so adjudged to be illegal, invalid or unconstitutional. The aforementioned Covenants and Restrictions are intended forthe benefit of and shall be enforceable bythe Town of Southold,State of New York,by injunctive relief or by any other remedy in equityorat law. The failure of the Town of Southold or any of its agencies to enforce same shall not be deemed to affect the validity of this covenant,nor to impose any liability whatsoever upon the Town of Southold or any office or employee thereof. The within Covenants and Restrictions shall run with the land and shall be binding upon the Declarants and their successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked or amended by subsequent owners of the Property unless and until approved by a majority plus one vote of the Zoning Board of Appeals of the Town of Southold -4- �'. pECEIVED � RECEIVED . � EP 16 20 21 ��41 S :JAN 10 ZQfi or its successor, following a public hearing. ZONING BOARD OF APPEA BOARD OF APPEALS IN WITNESS WHEREOF,the Declarants have duly executed this Declaration the day and year first above written. e- 64!�g Y P. Mandelb m auren . on STATE OF NEW YORK ) )ss. COUNTY OF On theday of -N(.9 in,-- ,/lot , in the year 2010, before me the undersigned, a Nota Public in and for said State, ersonall appeared Jay P. P Y pp Y Mandelbaum;personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity,and that by his signature on the instrument,the individual or the persons on behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK ) JULIEODONNELL Notary Public,state of New York )ss- No. 01 OD60()6471 COUNTY OF Yom► n ) Qualified in Kings County Commission Expires May 4,20/,/ On the day of C , in the year 2010, before me the undersigned,a Notary Public in and for said State,personally appeared Lauren B.Gordon, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual or the persons on behalf of which the individual acted, executed the instrument. 6? Notary Public JULIE ODONNELL Notary Public,State of New York No. 010D6006471 -5_ Qualified in Kings County i Comnn,s,ar: _xpiies McLy 4, 20 I ECLVED • SEP 16 2021 . ZONING BOARD OF APPEALS EXHIBIT "i4" RECEIVED -71 RECEIVEp �Ip SEP 16 2021 JAN ZONING BOARD OF APPEALS BOARD QF APPEALS EXISTING WATER MAIN u NORTH BAYVIEIf (BAR. wiDTH) ROAD P e Ml ASPHALTIC COHC.PAM. P .�. V b N 0 ' '40" if - 14 o� t pv.�?�-I a o O 0 I j N O I I7V -•--s- v 1 IfI w O furl ! rtzj o O 4 0 N P 1 � � •4 _ J-1 m � �{j1T�Pj6 OT ;Tq" ASolt 2331tlM �I"19(ld Sl'13MQ �� VACANT SITE: 40,707 e1-0,97xc J ZONING: Rd0 � Y Q SURVEYOR: KEN WOYCNUK MArrfTUCLu LICENSEA 0 02 11953 = O �• d I � LIGENSEp 050337 O HQ NOTES: FIRMZONEX PANEL166 W 11J MAP OF PARADISE BY THE BAY z 1L FILED NOVEMBER 4,!976 AS IX463 UL ° ° LOCATION MAP Q I ROXANNE (pAVM ROAD W 7 3e•e 0.5PHNI.nC cox¢Pdvur. ❑ O DMIN to 0 FE.05'N N 84°22'20" E 179.12' Q w O wC A Zo DO ;({ \aLy ' Am r U W o o O 3 I ro �M I r E cavi y v P Y I " ijuZa ��g�s 004« OR z P7'I 5'EIiCLENi - —_ I O _ 259.00' 1 N S 84'22'20" W t O n) s'usEUEur > DWELL I Fawecr": x m > onr.wN o.: Ur G I cNeeN�n er: 2V4'1 SITE PLAN s"xxx: SCALE. 1 20'.0•' j 6Neer nn F. SITE PLAN RECEIVED SEP 16 2021 COVENANTS AND RESTRICTIONS ZONING BOARD OF APPEALS WHEREAS, the undersigned are the owners of certain real property known and designated as 920 Kimberly Lane, Southold, New York, SCTM: 1000-70-13-020.015;and further described in Schedule"A"attached;and WHEREAS,the undersigned having appeared before the Zoning Board of Appeals of the Town of Southold, County of Suffolk and State of New York for a variance under Southold Town Code Section 280-13 and 280-105A in order to build a tennis court on a vacant lot; and WHEREAS,the Zoning Board of Appeals has considered this not.to be a use varlance but rather an area variance since the circumstances are unique and in fitting with the surrounding area and have relied upon the representations of the undersigned. NOW, THEREFORE, it is covenanted and agreed as follows: 1. Any Certificate of Occupancy issued forthe tennis court to be erected shall be limited to a term not to exceed twenty(20)years unless a single family dwelling is erected on the subject premises. 2. It is further covenanted and agreed that any Certificate of Occupancy for the tennis court shall terminate in the event that Jay and Laurie Mandelbaum are no longer the owners of the SCTM: 1000-70-13-020.5. 3. It is further covenanted and agreed that there shall be no lighting on the premises,except ground lighting without further approval of the Zoning Board of Appeals of the Town of Southampton. RECEIVEEDDC<�g SEP 16 2021 ZONING BOARD OF APPEALS iN WITNESS WHEREOF,the undersigned have duly executed these Covenants and Restrictions the day and year first above written. ay . M deibaum Lau . Gorden STATE OF NEW YORK, COUNTY OF SS.: On the day of , 2010 before me, the undersigned, personally appeared JAY F.MANDELBAUM,personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s)is(are)subscribed to the within instrument and acknowledged to me�that he/she/they executed the same in his/her/their capacity(ies),and that by hersignature on the instrument,the individual(s);orthe person upon behalf of which the individual(s)acted, executed the instrument.. (Votary Public JULIE oDONNELL Notary Public, State of New York No. 01 OD6006471 Qualified in Kings County Commission Expires May 4,20Qy STATE OF NEW YORK, COUNTY OF SS.: On the day of , 2010 before me, the undersigned, personally appeared LAUREN B.GORDON, personally known to me or proved to me on the basis of satisfactory evidence to be the indivickual(s)whose name(s)is(are)subscribedto the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies),and that by h ersignature on the instrument,the individual(s),orthe person upon behalf of which the individuals)acted, executed the instrument. Notary Public Ul JULIE ODONNELL Notary Public, State of New York No. 01 OD6006471 Qu'iif;ed in longs County 2 Commission Expires Nlay 4 20AI Fee:$ Filed By: —`' ^` Assignment No. RECEIVED APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARLANCE SEP 16 2021 House No.920 Street KIMBERLY LANE Hamlet SOUTHOLD D OF APPEALS SCTM 1000 Section 070.00 Block 13.00 Lot(s)020.015 Lot Size 40,707 SQ.FT. Zone R-40 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 08/04/2021 BASED ON SURVEY/SITE PLAN DATED 07/28/2021 Owner(s):JAY P.MANDELBAUM AND LAUREN GORDON Mailing Address:1107 FIFTH AVENUE,APT.7N,NEW YORK,NY 10128 Telephone:917-282-8585 Fax: Email:JPMANDELBAUM@AOL.COM NOTE:In addition to the above,please complete below if application is signed by applicant's attorney,agent,architect, builder,contract vendee,etc.and name of person who agent represents: Name of Representative:MARTIN D.FINNEGAN,ESQ. for X Owner( )Other: Address:POST OFFICE BOX 9398,33 W.2ND STREET,RIVERHEAD,NY 11901 Telephone:631-574-2865 Fax:631-574-1258 Email: MFINNEGAN@SUFFOLKLAW.COM Please check to specify 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 07/28/2021 and DENIED AN APPLICATION DATED 07/07/2021 FOR: X Building Permit ( ) Certificate of Occupancy ( )Pre-Certificate of Occupancy ( ) Change of Use ( )Permit for As-Built Construction ( ) Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: IV Section: 2600 Subsection:18&19 Type ofA peal. An Appeal is made for: PA Variance to the Zoning Code or Zoning Map. ( )A Variance due to lack of access required by New York Town Law-Section 280-A. ( )Interpretation of the Town Code,Article Section ( )Reversal or Other A prior appeal has, ( )has not been made at any time with respect to this property,UNDER Appeal No(s). 6359 Year(s). 2010 . (Please be sure to research before completing this question or call our office for assistance) Name of Owner: ZBA File# REASONS FOR APPEAL (Please be specific,additional sheets may be used with preparer's t signature notarized): 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted,because: SEE ATTACHED NARRATIVE. 2.The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other.than an area variance,because: SEE ATTACHED NARRATIVE. RECEIVED 3.The amount of relief requested is not substantial because: SEP 16 2021 SEE ATTACHED NARRATIVE. ZONING BOARD OF APPEALS 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: SEE ATTACHED NARRATIVE. 5.Has the alleged difficulty been self-created? { } Yes,or { }No Why: SEE ATTACHED NARRATIVE. J Are there any Covenants or Restrictions concerning this land? {}No X Yes(please furnish a copy)ATTACHED This is the MINIMUM that is necessary and adequate,and at the sat a and protect the character of the neighborhood and the health,safety and welfare of the comm SignaSe of Applic t or uthorized Agent (Agent must submit writtuthorization from Owner) Sworn o before e this 3� day of t 2021 Notary Public. SCHWEITZER ANNALISE NOTARY PUBLIC•STATE OF NEW YORK NO.01 SC6409457 QUALIFIED IN SUFFOLK COUNTY MY COMMISSION EXPIRES SEP 28,20 �� 4�rr►t, wCffl,i E D OCT 2 7 2021 ATTACHMENT TO AREA VARIANCE APPLICATION OF JAY MANDELBATJM :COAG B()AR 0sFA?' PFfi6 51 REASONS FOR APPEAL: The Applicant is seeking, by way of this appeal of the Building Inspector's Notice of Disapproval dated August 4, 2021, for a building permit to construct a single family dwelling and accessory raised patio and hot tub, a side yard area variance from the requirements of Town Code §280-15, which requires accessory structures to be located in the rear yard as well as a lot coverage variance from the requirements of Town Code §280-18 to allow 31% lot coverage where 20% is the maximum. The subject parcel is a conforming 40,707 SF corner lot in the R-40 zoning district that is substantially screened from neighboring parcels and currently improved with an accessory tennis court covering 7200 SF of the lot. The tennis court was constructed over a decade ago pursuant to ZBA Determination#6359 of 2010, which approval was conditioned upon a covenant by the Applicant to construct a single-family residence on the parcel. The necessity of a variance to construct a single-family home that is consistent with the character of the surrounding homes on Kimberly Lane was a foregone conclusion when the accessory tennis court was approved. Although the tennis court is a constructed at grade, it utilizes 17.7% of the available lot coverage, leaving only 2.3% for a principal structure and customary improvements. The Applicant is seeking, in the first instance, an extension of the deadline in the recorded covenant to complete the proposed construction. The 2010 variance approval was conditioned upon a covenant by the owner to construct a single-family residence on the property by November 30, 2021. Although the Mandelbaum Family had been planning the construction for some time,the design and survey work was delayed by the onslaught of development triggered by the ongoing pandemic. The Mandelbaum's application for a building permit was disapproved on August 4, 2021 and this application was timely filed thereafter. The covenant requires the vote of a supermajority of the ZBA if a"subsequent owner" seeks modification of its terms. Here, the request is made by the original applicant and as such, it is submitted that a simple majority can approve the extension. The existing tennis court is a permitted accessory structure. If the Applicant were required to remove it and replace it, they would seek the very same relief that is required here. For the following reasons, the Applicant submits that variances from the requirements of §280-15 and 280-18 are warranted. 1. An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The Applicant is seeking variances to construct a home that will be consistent in size and character with the surrounding homes in the neighborhood. The neighborhood is comprised of large single-family residences with accessory structures. The proposed 3404 SF house and 1022 SF garage are of average size in the neighborhood. Despite the constraints of a corner lot, the proposed footprint is entirely conforming to applicable setback requirements. The raised patio and hot tub are arguably in the rear yard of the primary front yard and will be substantially - WTI OCT 21 2021 screened form view by the garage and the mature vegetative screening on the property. hey will pose no detriment whatsoever to nearby properties. 2. The benefit sought by the Applicant CANNOT be achieved by some feasible method for the applicant to pursue other than an area variance, because: Variance relief is essential to allow the Applicant to construct a home that is consistent is size and character with the homes in this neighborhood and suitable for the needs of his family. The proposed house will have 4 bedrooms and 4 bathrooms which is average by today's standards. A conforming house would be approximately 900 SF which would be entirely out of character with the homes on Kimberly Lane and insufficient for a family home. 3. The amount of requested relief is not substantial because: The Applicant submits that the relief sought is not practically substantial. The proposed improvements only require 13% lot coverage. The tennis court utilizes 17.7% of the allowable lot coverage but unlike a barn, garage or accessory building, the court is constructed at ground level like a patio which would not be counted in the lot coverage calculation. 4. The variance will NOT have an adverse impact on the physical or environmental conditions in the neighborhood or district because: The construction of a single-family residence and accessory garage in a conforming location on the subject property poses no perceivable impact on the physical or environmental conditions in the neighborhood. The residence will be substantially screened from view by the existing vegetation and the footprint will be entirely conforming to all setbacks. 5. Has the alleged difficulty been self-created? The applicant is required by covenant to construct a single-family residence on the property which is not feasible to do on 2.3% of the lot area. To the extent that the difficulty is self-created,pursuant to New York Town Law §267-b (3), a self-created hardship "shall not necessarily preclude the granting of an area variance." Westermann, Donna From: Martin Finnegan <mfinnegan@suffolklaw.com> Sent: Tuesday, October 26, 2021 6:05 PM To: Westermann, Donna Cc: Annalise Schweitzer Subject: Re: Mandelbaum - addendum Attachments: Reasons for Appeal Revised 10.26.pdf Donna, My revises narrative is attached. My apologies for the delay in submitting. Martin D. Finnegan, Esq. Twomey, Latham, Shea, Kelley, Dubin&Quartararo,LLP 33 West Second Street,P.O. Box 9398,Riverhead,NY 11901 T 631.727.2180 x 265 mfinnegan@suffolklaw.com I www.suffolklaw.com CONFIDENTIALITY NOTICE: The information contained in this e-mail and any attachments may be legally privileged and confidential. If you are not an intended recipient,you are hereby notified that any dissemination, distribution or copying of this e-mail is strictly prohibited. If you have received this e-mail in error, please notify the sender and permanently delete the e-mail and any attachments immediately. You should not retain, copy or use this e-mail or any attachment for any purpose, or disclose all or any part of the contents to any other person. Thank you. From: "Westermann, Donna" <donnaw@southoldtownny.gov> Date: Friday, October 8, 2021 at 1:52 PM To: Martin Finnegan <mfinnegan@suffolklaw.com> Subject: RE: Mandelbaum - addendum Hi Martin, I know you out of the office until Tuesday—just wanted to follow up on this. Have you had a chance to amend the narrative on this application? I just want to be sure I have all the correct paperwork so Kim can submit to the board. Thank you, Donna From: Westermann, Donna Sent: Thursday, September 30, 2021 10:08 AM To: 'Martin Finnegan' Subject: RE: Mandelbaum - addendum Thank you....you too. 1 From: Martin Finnegan [mailto:mfinnegan@suffolklaw.com] Sent: Thursday, September 30, 2021 10:08 AM To: Westermann, Donna Cc: Fuentes, Kim; Sakarellos, Elizabeth Subject: Re: Mandelbaum - addendum Thanks Donna. Have a good day. Regards, Martin Martin D. Finnegan Partner Twomey, Latham,Shea, Kelley, Dubin &Quartararo LLP 33 West Second Street, P.O. Box 9398, Riverhead, NY 11901 0: (631) 727-2180 Ext. 265 mfinnegan@suffolklaw.com I www.suffolklaw.com Twomenry,f VA' Latham SReA, KELLEY, DUDV A OVAR'PARARO, ',Lf' Be Well Advised.® IMPORTANT:The contents of this email and any attachments are confidential.They are intended for the named recipient(s)only.If you have received this email by mistake,please notify the sender immediately and do not disclose the contents to anyone or make copies thereof. From: "Westermann, Donna" <donnaw@southoldtownny.gov> Date: Thursday, September 30, 2021 at 10:06 AM To: Martin Finnegan <mfinnegan@suffolklaw.com> Cc: "Fuentes, Kim" <kimf@southoldtownny.gov>, "Sakarellos, Elizabeth" <elizabeth.sakarellos@town.southold.ny.us> Subject: RE: Mandelbaum - addendum Yes, I have that one as well, but thank you for sending again. I'll make sure all your additions are in the packets. Thank you, Donna From: Martin Finnegan [mailto:mfinnegan@suffolklaw.com] Sent: Thursday, September 30, 20219:58 AM To: Westermann, Donna , Cc: Fuentes, Kim; Sakarellos, Elizabeth Subject: Re: Mandelbaum - addendum Ok will do. Do you have my follow up letter too?Attached here. Regards, Martin Martin D. Finnegan 2 Partner Twomey, Latham,Shea, Kelley, Dubin &Quartararo LLP 33 West Second Street, P.O. Box 9398, Riverhead, NY 11901 0: (631) 727-2180 Ext. 265 mfinnegan@suffolklaw.com I www.suffolklaw.com Twomey 17A Latham SHEAF KELtC'r. DUD:04 & QUARTARARO, LLP Be Well Advised.m 0 ME IMPORTANT:The contents of this email and any attachments are confidential.They are intended for the named recipient(s)only.If you have received this email by mistake,please notify the sender immediately and do not disclose the contents to anyone or make copies thereof. From: "Westermann, Donna" <donnaw@southoldtownny.gov> Date: Thursday, September 30, 2021 at 9:50 AM To: Martin Finnegan <mfinnegan@suffolklaw.com> Cc: "Fuentes, Kim" <kimf@southoldtownny.gov>, "Sakarellos, Elizabeth" <elizabeth.sakarellos@town.southold.ny.us> Subject: RE: Mandelbaum - addendum Yes, I would amend the narrative. I do have the letter you originally submitted. I will add both items to all packets for the Board. Thank you, Donna From: Martin Finnegan [mailto:mfinnegan@suffolkiaw.com] Sent: Thursday, September 30, 20219:41 AM To: Westermann, Donna Cc: Fuentes, Kim; Sakarellos, Elizabeth Subject: Re: Mandelbaum - addendum Hi Donna, I'd be happy.to. How do you suggest I do that? I did submit a letter requesting reconsideration and a public hearing? Can that be included in the record? I guess I could also amend the narrative to include the request. Martin D. Finnegan,Esq. Twomey, Latham, Shea,Kelley, Dubin&Quartararo,LLP 33 West Second Street,P.O. Box 9398, Riverhead,NY 11901 T 631.727.2180 x 265 mfinnegan@suffolklaw.com I www.suffolklaw.com CONFIDENTIALITY NOTICE: The information contained in this e-mail and any attachments may be legally privileged and confidential. If you are not an intended recipient,you are hereby notified that any dissemination, distribution or copying of this e-mail is strictly prohibited. If you have received this e-mail in error, please notify the sender and permanently delete the e-mail and any attachments immediately. You should not retain, copy or use this e-mail or any attachment for any purpose, or disclose all or any part of the contents to any other person. Thank you. 3 RECEIVED ATTACHMENT TO AREA VARIANCE APPLICATION OF WTI i SEP 16 2021 JAY MANDELBAUM REASONS FOR APPEAL: ZONING BOARD OF APPEALS The Applicant is seeking,by way of this appeal of the Building Inspector's Notice of Disapproval dated August 4, 2021, for a building permit to construct a single family dwelling and accessory raised patio and hot tub, a side yard area variance from the requirements of Town Code §280-15, which requires accessory structures to be located in the rear yard as well as a lot coverage variance from the requirements of Town Code §280-18 to allow 31% lot coverage where 20% is the maximum. The subject parcel is a conforming 40,707 SF corner lot in the R-40 zoning district that is substantially screened from neighboring parcels and currently improved with an accessory tennis court covering 7200 SF of the lot. The tennis court was constructed over a decade ago pursuant to ZBA Determination#6359 of 2010, which approval was conditioned upon a covenant by the Applicant to construct a single-family residence on the parcel. The necessity of a variance to construct a single-family home that is consistent with the character of the surrounding homes on Kimberly Lane was a foregone conclusion when the accessory tennis court was approved. Although the tennis court is a constructed at grade, it utilizes 17.7% of the available lot coverage, leaving only 2.3% for a principal structure and customary improvements. For the following reasons,the Applicant submits that variances from the requirements of§280- 15 and 280-18 are warranted. 1. An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The Applicant is seeking variances to construct a home that will be consistent in size and character with the surrounding homes in the neighborhood. The neighborhood is comprised of large single-family residences with accessory structures. The proposed 3404 SF house and 1022 SF garage are of average size in the neighborhood. Despite the constraints of a corner lot,the proposed footprint is entirely conforming to applicable setback requirements. The raised patio and hot tub are arguably in the rear yard of the primary front yard and will be substantially screened form view by the garage and the mature vegetative screening'on the property. They will pose no detriment whatsoever to nearby properties. 2. The benefit sought by the Applicant CANNOT be achieved by some feasible method for the applicant to pursue other than an area variance, because: Variance relief is essential to allow the Applicant to construct a home that is consistent is size and character with the homes in this neighborhood and suitable for the needs of his family. The proposed house will have 4 bedrooms and 4 bathrooms which is average by today's standards. A conforming house would be approximately 900 SF which would be entirely out of character with the homes on Kimberly Lane and insufficient for a family home. RECEIVED SEP 16 2021 3. The amount of requested relief is not substantial because: ZONING BOARD OF APPEALS The Applicant submits that the relief sought is not practically substantial. The proposed improvements only require 13% lot coverage. The tennis court utilizes 17.7% of the allowable lot coverage but unlike a barn, garage or accessory building, the court is constructed at ground level like a patio which would not be counted in the lot coverage calculation. 4. The variance will NOT have an adverse impact on the physical or environmental conditions in the neighborhood or district because: The construction of a single-family residence and accessory garage in a conforming location on the subject property poses no perceivable impact on the physical or environmental conditions in the neighborhood. The residence will be substantially screened from view by the existing vegetation and the footprint will be entirely conforming to all setbacks. 5. Has the alleged difficulty been self-created? The applicant is required by covenant to construct a single-family residence on the x o e�which is not feasible to do on 2.3% of the lot area. To the extent that the difficulty.ty is self-created,pursuant to New York Town Law §267-b (3), a self-created hardship "shall not necessarily preclude the granting of an area variance. RECEIVED APPLICANT'S PROJECT DESCRIPTION SEP 16 20?1 ZONI G B ARD OF APPEALS APPLICANT: JAY P.MANDELBAUM AND LAUREN GORDON DATE PREPARED: �$�3 oma{0a 1.For Demolition.of Existing Building Areas Please describe areas being removed:N/A II.New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of fust floor extension: RESIDENCE:80'-5"L X 68'-2"D X 20'-0"(AVG FLOOR WIDTH);GARAGE:26'-4"X 38'-9" Dimensions of new second floor: 55'-10"L X 19'-2"D Dimensions of floor above second level: N/A Height(from finished ground to top of ridge): 26'-4" Is basement or lowest floor area being constructed?If yes,please provide height(above-ground) measured from natural existing grade to first floor: +0'-6" III.Proposed Construction Description(Alterations or Structural Changes) N/A (Attach extra sheet if necessary).Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV.Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: NO BUILDINGS,EXISTING TENNIS COURTS-7,200 SQ.FT. Proposed increase of building coverage: 5,425 SQ.FT.(RESIDENCE,PORCHES,GARAGE,&HARDSCAPE) Square footage of your lot: 40,707 SQ.FT. Percentage of coverage of your lot by building area: 31% V.Purpose of New Construction: ESTABLISH A PRINCIPAL STRUCTURE PER COVENANT TO ZBA. 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): PARCEL IS ENTIRELY FLAT 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 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION RECEIVED A. Is the subject premises listed on the real estate market for sale? Yes X No SEP 1 6 2021 B. Are there any proposals to change or alter land contours? ZONING BOARD OF APPEALS X No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses?NO 2.)Are those areas shown on the survey submitted with this application?N/A 3.) Is the property bulk headed between the wetlands area and the upland building area?N/A 4.) If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction?N/A 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?NO E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting?NO 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?NO If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel?YES If yes, please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel VACANT W/ACCESSORY TENNIS COURT and the proposed use SINGLE-FAMILY HOME W/ACCESSORY TENNIS COURT (ex: existing single family,proposed: same with gera ,p or other) Authorized signature and Date Town of Southold Annex 8/8/2011 } � N 54375 Main Road RECEIVED Southold,New York 11971 SEP 16 2021 ' T1, •'' ZONING BOARD,OF gppEA.LS CERTIFICATE OF OCCUPANCY No: 35125 Date: 8/8/2011 THIS CERTIFIES that the building ACCESSORY Location of Property: 920 KIMBERLY LANE, SOUTHOLD,N.Y. 11971, SCTM#: 473889 Sec/Block/Lot: 70.43-20.15 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this officed dated 5/18/2011 pursuant to which Building Permit No. 36434 dated 5/31/2011 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: tennis court to comply with all conditions of ZBA#6359, dated 6/10/10. The certificate is issued to Mandelbaum,Jay&Gordon,Lauren (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. PLUMBERS CERTIFICATION DATED At rized gna e RECEIVED AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS i SEP 16 2021 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval,use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an 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:,JAY P.MANDELBAUM AND LAUREN GORDON 2. Address of Applicant:1107 FIFTH AVENUE,APT.7N,NEW YORK,NY 10128 3. Name of Land Owner(if other than Applicant): 4. Address of Land Owner: 5. Description of Proposed Project: CONSTRUCTION OF SINGLE-FAMILY DWELLING AND ACCESSORY RAISED PATIO AND HOT TUB 6. Location of Property: (road and Tax map number) 920 Kimberly Lane,Southold, NY 11971 7. Is the parcel within 500 feet of a farm operation? { } Yes X No 8. Is this parcel actively farmed? { } Yes X 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. (Plc use the ba this page if there are additional property owners) 000 / 31 /2021 Sign e of A cant 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. RECEIVED 617.20 Appendix SEP 16 2021 Short Environmental Assessment Form ZONING BOARD OF APPEALS Instructions for Completing Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information Name of Action or Project: MANDELBAUM VARIANCE Project Location(describe,and attach a location map): 920 KIMBERLY LANE, SOUTHOLD, NY 11971 Brief Description of Proposed Action: CONSTRUCTION OF A SINGLE-FAMILY DWELLING AND ACCESSORY RAISED PATIO AND HOT TUB Name of Applicant or Sponsor: Telephone: 631-727-2180 X265 MARTIN D. FINNEGAN, ESQ. E-Mail: MFINNEGAN@SUFFO.LKLAW.CO Address: Post Office Box 9398, 33 W. Second Street, Riverhead, NY 11901 City/PO: State: Zip Code: 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? X If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: X 3.a.Total acreage of the site of the proposed action? 0.93 acres b.Total acreage to be physically disturbed? 0.10 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 3.14 acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial XResidential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑Parkland Page 1 of 4 RECEIVED 5. Is the proposed action, I SEP 16 2021 NO YES N/A a.A permitted use under the zoning regulations? X b.Consistent with the adopted comprehensive plan? ZONING BOARD OF APPEALS X 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? - X 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: X 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? X 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: X 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: I/A SANITARY SYSTEM To BE INSTALLED 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? 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? X b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? X If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑ Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional ❑ Wetland ❑Urban XSuburban 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 X 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, X a.Will storm water discharges flow to adjacent properties? XNO❑YES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NOXYES PER CHAPTER 236 Page 2 of 4 1 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? X If Yes,explain purpose and size: 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? SEN 16 2021 X If Yes,describe: ZONING BOARD OF APPEALS 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? X If Yes,describe: I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsore: MARTI NEGAN Date: 08/31/2021 Signature: Part 2-Impact Assessment. ead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 RECEIVED o, SEP,16 No,or Moderate small to large ZONING BOARD OF APPEAimpact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 RECEIVED Town of Southold 71 I SEPI & 2021 LWRP CONSISTENCY ASSESSMENT FORM ZONING BOARD of APPEALS A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, .the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all 'local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 070.00 -13.00 -020.015 The Application has been submitted to(check appropriate response): Town Board 0 Planning Dept. 0 Building Dept. 0 Board of Trustees 0 ZONING BOARD OF APPEALS 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: CONSTRUCTION OF A SINGLE-FAMILY DWELLING AND ACCESSORY RAISED PATIO AND HOT TUB Location of action:920 KIMBERLY LANE, SOUTHOLD, NY 11971 RECEIVED Site acreage:0.93 ! SEP is 221 Present land use:VACANT WITH ACCESSORY TENNIS COURT ZQNINEi OF APPEALS Present zoning classification:R-40 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:MARTIN D. FINNEGAN (b) Mailing address:Post Office Box 9398,33 W. Second Street, Riverhead, NY 11901 (c) Telephone number:Area Code( )631-727-2180 x265 (d) Application number,if any: Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes ❑ No❑ If yes,which state or federal agency? DEVELOPED COAST POLICY EXEMPT- MINOR ACTION Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space,makes,efficient use of infrastructure, makes beneficial use of a coastal location,and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. ❑Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria © Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria 0 Yes 0 No ® Not Applicable RECEIVED SEP 16 2021 ZONING BOARD OF APPEALS Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria Yes 0 No ® Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria © Yes 0 No ®Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. Yes © No® Not Applicable RECEIVED s EP 16201 Attach additional sheets if necessary ZONING BOARD OF APPEALS Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. ❑ Yes © No® Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. ❑ YeEl No® 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. 7 Yes ❑ No ® Not Applicable RECCEpIVVEED P �n�e ZONING BOARD Attach additional sheets if necessary np,4ppEALS 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[X7 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 ® Not Applicable Created on 512510511:20 AM RECEIVED Building Department ADDHeation SEP 6 2021 the Applicant is not the owner)OZONING BOARD OFAPPEALS (Where Jay P.Mandelbaum and Lauren Gordon Ia/k/a Lauren Mandelbaum residing at 1107 5th Avenue,Apt.7N, (Print property owner's name) (Mailing Address) New York,NY 10128 do hereby authorize Martin D. Finnegan, Esq. (Agent) to apply on my behalf to the Southold Building Department. 06/11/2021 Jay delbaum (Date) Lauren Gordon a/k/a Lauren Mandelbaum R"ECE�IVED � J ( SEP 16 .2029 ZONING BOARD OF APPEALS Board of Zoning Appeals Application AUTHORIZATION (Where the Applicant is not the Owner) . Jay P. Mandelbaum and Lauren Gordon j, a/k/a Lauren Mandelbaum residing at 1107 5th Avenue, Apt. 7N, (Print property owner's name) (Mailing Address) New York, NY 10128 do hereby authorize Martin D. Finnegan, Esq. (Agent) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. / AjLn Jay P.Mandelbaum Lauren Gordon a/k/a Lauren Mandelbaum 1 ' AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME : MARTIN D.FINNEGAN,ESQ. (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) RECCEEIIVED r TYPE OF APPLICATION: (Check all that apply) r � Tax grievance Building Permit I SEP 1 6 ZO29 Variance X Trustee Permit Change of Zone Coastal Erosion ZONING BOARD OF APPEALS Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship",includes by blood,marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X 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/agenerepresentative)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-tl is of 20 21 Signature Print Name MARTIN D.FIN G ESQ. � APPLICANT/OWNER — TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME : JAY P.MANDELBAUM AND LAUREN GORDON (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) Rl=cFvt=D TYPE OF APPLICATION: (Check all that apply) Tag grievance Building Permit SEP 1 ZQ21 Variance X Trustee Permit Change of Zone Coastal Erosion ZONING BOARD OF 5 Approval of Plat Mooring ApF� /16 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 X 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 ,2021 Sil �c,,z.4,LMatjR Print ame AY P.MANDELBAUM LAUREN GORDON _ v TOWN OF SOUTHOLD, PROPERTY' RECORD CARS OWNER STREET VILLAGE: DIST. SUB. LOT d C121, v s} A RMER OW ..ER, N E ACRyy . P R Ortj'.n - 5 S V11 TYPE OF BUILDING RES-,- . SEAS. VL. . j y FARM COMM, CB. MICS; Mkt: Value LAND IMP. TOTAL ! DATE REMARKS /coo 971 , _ - 00 TfEV 1 ,' - 1624mit-; - 64)'n* yyy ®y - `tom . 'r ''f.....3 01,../.. R.*'"� " `" � car p"a ' T e, ¢ a Q L m .. _ CrD ...._. Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD - F` Meadowland DEPTH House Plot14BULKHEAD 13 i BULKHEAD Total, COLOR: TRIM t a .:... -t 44 N e } " — -- ,.. € ! _. .... __ -17 a ...... — M Bidg.. v � - "Extension — 4 Extension. .......... ' 7-- --[77 A . Extension Foundation Both Dinette] --------- Porch' Basement Floors' K. Porch Ext. Walls Interior Finish LR. Breezeway Fire Place Heat DR, Garage i Type Roof (dooms tst Floor BR. t Patio. Recreation 'RoomRooms 2nd Floor FIt1. B: 0. B. Dormer Driveway Total Twomey RNLatham RECEIVE nN 6yp I P 2 -t SHEA, KELLEY, DUBIN & QUA.PTARARO, LLP SEP 2 2 2021 Board Of AL F-7oWI ) ning 80ard Of Appeal,, Thomas A,Twomey,Jr. Martin D.Finnegan X194,5-�)01,1) Partner Johri R Shea,III lChristophor 0.Kelley 631-727-2180,x-265 David M.Dubin -:- nitiiine,,,,Iri@stiffolklaw.com 'Jay R ouaflararo Via Electronic Mail Peke r,Nt M ot t Jartice L.Smad 2,YI(I C.VL�r)Cott * I Kathrp,Dail! September 17;2021 fvlarlkirI D.Rmiogztn Re Ehrahimi Joffroy VV.Pagano 0 Ms. Leslie Kanes Weisman, Chairperson KcireIi AHoeg Sernade,tte E.Tuthill Zoning Board of Appeals Craig.H,Hander Bryart,l.Drago P.4. BOX 1179 Darli;14 R sernaro to Southold,NY 11971-0959 SP N[On COUNISE-1- Stepber,B.Latham Re: Requeft'for Extension Katerit-0 Grinko Appeal No.'635,9—Mandelbaurn Lorraine PaCeieo 920,Kimberly'Lane, Southold,NY: 1000-70-13-10.15 Terrence Russell Ghrisha 70,Noon t A.C-adwick Einpdis Dear Chairperson Weisman: Mat�hp F,Reichert wlaryl(ate L,Brighani Or COUNSEL I am in receipt of your correspondence dated August 25, 2021 setting forth Liszt Clara Karribrink the Zoning Board of Appeals' denialof the Mandelbaum's request for an extension Kevin M.Fox Patricia J,Rus"A a of the construction deadline set forth.in the applicable Covenants and Restrictions so J(,w,nifer F,Nigro, O� Craig Gioson that they can complete construction of their home. We respectfully request that the J(nul.Morgao McGivern Board reconsider this request following a duly noticed public hearing. I have conferenced this matter with the Town Attorney who agreed that the hearing can f LL MIN TA.-AA710N occur simultaneously with the hearing on'thc pending lot coverage variance ® Ny,..9J BASS NY..',,)&.PA UARS application: NY.NJ 1160 MRS A NY,I'M i FL RAR[5 Main Office Please let me know if you have any questions or require any further 33 West Second St. E information to.process this-request. Thank you for your consideration. P'o. Sox 9398 Riverhead,NY 11901 - 631.727.2180 Veg hilly-yours suffolktaw.com Mar-tin,D Finnegan MDF/as cc: Kim Fuentes Bill Duffy,Town Attorney Mon 0 t�j TwomeyV& Latham LVEDREE SHEA, KELLEY, DUBIN & QUARTARARO, LLP ��T1 SEF 16 2021 Z®NTNG BOARD OF APPEALS Thomas A.Twomey,Jr. Martin D.Finnegan (1945-2014) Partner John F.Shea,III Christopher D.Kelley 631-727-2180,x-265 David M.Dubin Jay P.Quartararo t mfinnegan:asuffolkla��.com Peter M.Mott Janice L.Snead $y Hand Bryan C.Van Cott Kathryn Dalli Martin D.Finnegan o August 31 2021 Reza Ebrahimi , Jeffrey W.Pagano s Karen A.Hoeg Bernadette E.Tuthill Ms. Leslie Kanes Weisman, Chairperson Craig H.Handler Zoning Board of Appeals Bryan J.Drago g pP Daniel R.Bernard to Town of Southold SENIOR COUNSEL' P.O. Box 1179 Stephen B.Latham Southold,NY 11971-0959 ASSOCIATES Katerina Grinko Lorraine Paceleo Re: Area Variance Application Terrence Russell Christina M.Noon t Applicant: Jay P. Mandelbaum and Lauren Gordon A.Chadwick Briedis Premises: 920 Kimberly Lane, Southold Martha F.Reichert MaryKate L.Brigham SCTM#1000-070.00-13.00-020.015 OF COUNSEL Lisa Clare Kombrink Kevin M.Fox Dear Chairperson Weisman and Members of the Board: Patricia J.Russell Jennifer P.Nigro Craig Gibson With respect to the above-referenced Application, enclosed please find a Joan Morgan McGivern check made payable to the Town of Southold in the amount of$1,250.00 Scott Handwerker NV&LA BARS representing the required filing fee and an original and nine (9) copies of the below :• t LL.M IN TAXATION documents for your review. ♦ NY&NJ BARS O NY,NJ&PA BARS ■ NY,NJ&00 BARS FL NV,NJ&FL BARS 1) Notice of Disapproval dated August 4, 2021; Main office 2) Executed and notarized Area Variance Application, including an attachment 33 West second St. of explanation; P.O. Box 9398 Riverhead, NY 11901 3) Applicant's Project Description and Questionnaire Form; 631.727.2180 4) Executed Agricultural Data Statement; suffolklaw.com 5) Executed Short Environmental Assessment Form; 6) Local Waterfront Revitalization Program(LWRP) Consistency Assessment Form; 7) Executed Owner's Authorization; 8) Applicant Transactional Disclosure Form signed by Martin D. Finnegan, as Agent for the property owner; 9) Applicant Transactional Disclosure Form signed by the property owner; r 10) Color photographs of the subject premises; RECEIVED 11) Copy of the Town's property record card; �K-4-1 12) Copy of submitted building permit application; I SEP 16 2.021 13)Copy of submitted variance extension request letter; 14) Nine (9) original surveys of the subject premises; ZONING BOARD OF APPEALS 15) Nine (9) original building plans. Kindly advise if you require any further documentation in order to place this matter on your next available Agenda for a public hearing. Thank you for your consideration. VerZ*nnnegan s, Ma MDF/as Enclosures cc: Jay P. Mandelbaum and Lauren Gordon '3%W—Wwl.'I a I-4 T� � 'I � - -'-'. -�---'4-'a- q, yip:' , - 51 J2 ME 'Li .h Existing use of property: Vacant with Tennis Court Intended use of property:Residential Zone or use district in which premises is situated: Are there any covenants and restrictions with respect to R-40 this property? E]YesXNo IF YES,PROVIDE A COPY. e, INUX SIM Application Submitted By printMartin D.Finnegan, Esq. )(Authorized Agent ElOwner Signature of Applicant: Date:— RECEIVED STATE OF NEW YORK) '7-�--7-7 SS: SEP 16 2021 COUNTY OF Suffolk Martin D. Finnegan, Esq. ZONT ) 13 s being duly sworn,deposes and says that e iq`WaWi69fiEALS (Name of Individual signing contract)above named, (S)he is the Authorized Agent (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;that all statements contained in this application are true to the best of his/her knowledge and belief,and that the work will be performed in the manner set forth In the application file therewith. Sworn before me this -Rday of June 2q21 Notary Public PROPERTY OWNER AUTHORIZATIONSCHWEITtER MMALISE Namy P=C-STATE OF NEW YOPJ (Where the applicant is not the owner) w N111.01SC64" CILIMM INSMI.I(cmilff 0WASINEMESSEPA2111 residing at Ewc, do hereby authorize to apply on my behalf to the Town of Southold Building Department for approval as described herein. Owner's Signature Date Print Owner's Name 2 ELIZABETH A.NEVILLE,MMC hyo oP/y Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 cn Z Southold,New York 11971 REGISTRAR,OF VITAL STATISTICS p • Fax(631)765-6145 MARRIAGE OFFICER y � Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: September 17, 2021 RE: Zoning Appeal No. 7579 Transmitted herewith is Zoning Appeals No. 7579 Twomey, Latham, Shea, Kelley, Dubin & Ouartararo LLP for: ,,/Notice(s) of Disapproval _ The Application to the Southold Town Zoning Board of Appeals Applicant's Project Description uestionnaire Correspondence- 9/7, She I 4 cc Z-I>f�} �' q 2ILLA&c M ��el Certificate(s) of Occupancy I/ZI Z3i� __,/Building Permit(s) Misc. Building Dept. forms (Certificate of Compliance, Housing Code Inspection, etc.) Misc. Paperwork- Copy of Deed(s) _,Findings, Deliberations and Determination Meeting(s) _ji>�Agricultural Data Statement _,Short Environmental Assessment Form Board of Zoning Appeals Application Authorization Action of the Board of Appeals :'Applicant/Owner Transactional Disclosure Form(s) Agent/Representative Transactional Disclosure Form(s) LVW Consistency Assessment Form Photos —,,/-Property Record Card(s) Maps- .,,"'Survey/Site Plan /Drawings Town of Southold P.O Box 1179 !� Southold, NY 11971 * * * RECEIPT * * * Date: 09/17/21 Receipt#: 287091 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7579 $1,250.00 Total Paid: $1,250.00 Notes: Payment Type Amount Paid By CK#77719 $1,250.00 Twomey Latham Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Mandelbaum, Jay 1107 Fifth Ave Apt 7 N New York, NY 10128 Clerk ID: JENNIFER Internal ID:7579 f ZONING BOARD OF APPEALS �A TOWN OF SOUTHOLD rA In the Matter of the Application of JAY P. MANDELBAUM and LAUREN GORDON #7579 For a variance from the requirements of � JAN 5 2022 Sections 280-115 & 280-116A of the Code of the Town of Southold ---------------------------------------------------------x MEMORANDUM OF LAW OF APPLICANTS, JAY P. MANDELBAUM & LAUREN GORDON, IN SUPPORT OF THE RELIEF REQUESTED FINNEGAN LAW, P.C. Attorneys for Applicants By: Martin D. Finnegan, Esq. 13250 Main Road Mattituck, New York 11952 (631) 315-6070 Dated: January 4, 2022 STATEMENT OF FACTS �'J The Applicants, Jay P. Mandelbaum and Lauren Gordon, are seeking a side yard area variance from the requirements of Town Code §280-15, which requires accessory structures to be located in the rear yard as well as a lot coverage variance from the requirements of Town Code §280-18 to allow 31%lot coverage where 20% is the maximum to construct a single family dwelling and accessory raised patio and hot tub. The subject parcel is a conforming 40,707 SF corner lot in the R-40 zoning district that is substantially screened from neighboring parcels and currently improved with an accessory tennis court covering 7,200 SF of the lot. The tennis court was constructed over a decade ago pursuant to ZBA Determination #6359 of 2010, which approval was conditioned upon a covenant by the Applicants to construct a single-family residence on the parcel. The necessity of a variance to construct a single-family home that is consistent with the character of the surrounding homes on Kimberly Lane was a foregone conclusion when the accessory tennis court was approved. Although the tennis court is constructed at grade, it utilizes 17.7% of the available lot coverage, leaving only 2.3% for a principal structure and customary improvements. The Applicants are also seeking, in the first instance, an extension of the deadline in the recorded covenant to complete the proposed construction. The 2010 variance approval was conditioned upon a covenant by the owner to construct a single-family residence on the property by November 30, 2021. Although the Mandelbaum Family had been planning the construction for some time, the. design and survey work was delayed by the onslaught of development triggered by the ongoing pandemic. The Mandelbaum's application for a building permit was disapproved on August 4, 2021 and this application was timely filed thereafter. The covenant requires the vote of a supermajority of the ZBA if a "subsequent owner" seeks modification of its terms. Here, the request is made by the original applicants and as such, it is submitted that a simple majority can .approve the extension. The existing tennis court is a permitted accessory structure in the R-40 zoning district. If the Applicants were required to remove it and replace it, they would seek the very same relief that is required here. For the following reasons, the Applicants submit that an extension of the construction deadline and variance relief from the requirements of Sections 280- 15 and 280-18 of the Town Code are warranted. POINT I THE APPLICANT HAS MET THE TEST FOR THE GRANT OF AN AREA VARIANCE SET FORTH IN TOWN LAW §267-B Under §267-13, the Applicants must demonstrate compliance with the following standards to be eligible for the issuance of a variance: (a) whether the grant of the variance will cause an undesirable change in the character of the neighborhood or will create a detriment to nearby properties; (b) whether the benefits sought by the applicant can be achieved by some method feasible for the applicant to pursue other than an area variance; (c) whether the requested area variance is substantial; (d) whether the grant of the variance will have an adverse effect or impact upon the physical or environmental conditions in the neighborhood or in the affected area of the Town; and (e) whether the difficulty causing the applicant to request an area variance was self-created which consideration shall be relevant to the determination of the Board but shall not necessarily preclude the grant of the variance. It is respectfully submitted that under the facts and circumstances presented here, the Applicants can clearly meet the standards set forth in Town Law §267-B and as a result, the relief requested herein should be granted. 1. The Grant of The Variance Will Not Cause An Undesirable Change In The Character Of The Neighborhood Or Create Detriment to Nearby Properties. As the owners of the home directly across the street from the subject parcel, it was important to the Applicants to construct a home that will be consistent in size and character with the surrounding homes in the neighborhood. Variance relief is sought to achieve that goal. The neighborhood is comprised of large single-family residences with accessory structures. The proposed 3,404 SF house and 1,022 SF garage are of average size in the neighborhood. Despite the constraints of a corner lot and three front yards, the proposed footprint is entirely conforming to applicable setback requirements. The raised patio and hot tub are arguably in the rear yard of the primary front yard and will be substantially screened from view by the garage and the mature vegetative screening on the property. As confirmed by various letters in support submitted for the record, the granting of the variance relief requested will pose no detriment whatsoever to nearby properties. 2. The Benefits Sought to Be Achieved by Applicant Cannot Be Feasibly Achieved by Some Method Other Than the Requested Area Variance. Variance relief is essential to allow the Applicants to construct a home that is consistent in size and character with the homes in their neighborhood and suitable for the needs of their family. The proposed house will have 4 bedrooms and 4 bathrooms which is average by today's standards. A conforming house would be approximately 900 SF which would be entirely out of character with the homes on Kimberly Lane and insufficient for a family home. As for the patio G and hot tub variances, they are only necessitated by the corner lot which cannot be avoided but, under the new code definition, they lie in the rear of the primary front yard. 3. The Area Variance Sought is Not Substantial. The Applicants submit that the relief sought is not practically substantial under the circumstances here. The proposed improvements only require 13% lot coverage. The tennis court utilizes 17.7% of the allowable lot coverage but unlike a barn, garage or accessory building, the court is constructed at ground level like a patio which would not be counted in the lot coverage calculation. The patio and hot'tub are only partially in the side yard of the Roxanne Road side of the parcel and squarely in the rear yard vis a vis the primary front yard and, therefore, the variance relief sought is arguably insignificant if even necessary at this point. ' 4. The Grant of the Variance Will Not Have an Adverse Impact on the Physical or Environmental Conditions in the Neighborhood or District. The construction of a single-family residence and accessory garage in a conforming location on the subject property poses no perceivable impact on the physical or environmental conditions in the neighborhood. The residence and accessory tennis court will be substantially screened from view by the existing vegetation and the footprint will be entirely conforming to all setbacks. The hot tub and patio will likewise be invisible to the surrounding neighborhood. As a Type II action, the granting of variance relief will pose no perceivable adverse impact on environmental conditions in the Applicant's neighborhood. S. The Self-Created Nature Of the Alleged Difficulty Should Not Preclude the Granting of Area Variance Relief. The Applicants are required by covenant to construct a single-family C ILI residence on the property. It is not feasible to construct a home that is consistent with the character of homes on Kimberly Lane on the remaining 2.3% of the lot area. Nevertheless, to the extent that the difficulty is self-created, pursuant to New York Town Law §267-b (3), a self-created hardship "shall not necessarily preclude the granting of an area variance." POINT II UNDER THE FACTS AND CIRCUMSTANCES PRESENTED, AN EXTENSION OF THE CONSTRUCTION DEADLINE IN THE APPLICABLE COVENANT AND RESTRICTION IS WARRANTED The Mandelbaum's acknowledge that the subject parcel is burdened with a covenant that sets a deadline of November 30, 2021 for the construction of a principal structure on the subject parcel. The Mandelbaums had intended in good faith to comply with the deadline after the burden of their children's college tuitions•was behind them. The construction of a home in this market is an extremely costly endeavor requiring the assistance and input of numerous tradesman and professionals. Although the Mandelbaum's efforts to meet that deadline were timely commenced, they were subsequently thwarted by the pandemic and the ensuing onslaught of construction. As this board is aware, design professionals, contractors and surveyors were inundated with work and many projects came to a standstill or were scuttled. The Mandelbaums also did not anticipate that the backlog would impact the time required to obtain variance relief and a building permit to construct a home that is in keeping with the character of the neighborhood in which they live. The applicable covenant, like any agreement, can be amended or modified by agreement of the parties. Here, the covenant was expressly intended to benefit the people of the Town of Southold. As with any zoning matter, the primary beneficiaries of the covenant are the residents of the Town in the surrounding neighborhood. Letters have been submitted in support of the variance relief requested and the extension of the deadline to allow the ' j E construction to be completed. The Applicants submit that, in the absence of any opposition to the requested amendment by.residents sof the Town, there is no compelling justification for this Board to refuse to extend the deadline. As stated previously, the construction of a single-family home and accessory tennis court are permitted uses in the R-40 zoning district. Compelling removal of the tennis court when the Applicants can apply for a permit to legalize it as-built, results in no practical benefit to the residents of the surrounding neighborhood and creates nothing more than an unnecessary burden on Town resources. It is therefore respectfully requested that the Zoning Board of Appeals consent to an extension of the deadline to allow the Mandelbaums to maintain their accessory tennis court pending construction of the principal residential structure. CONCLUSION For the reasons set forth herein, it is respectfully submitted that the standards of Town Law Section 267-b have been met and, as such, relief from the requirements set forth in Southold Town Code Sections 280-115 and 280- 118 is warranted. In addition, the Applicants submit that an extension of the construction deadline in the applicable covenant is justified and in keeping with the will of the surrounding residents. Dated: Mattituck, New York January 4, 2022 Respectfully Submitted, FINNEGAN AW Attorne r Applicants Martin D. Finnegan, Esq. 13250 Main Road Mattituck, New York (631) 315-6070 `fuentes, Kim From: Martin Finnegan <mfinnegan@northfork-legal.com> Sent: Thursday,January 6, 2022 3:29 PM To: Fuentes, Kim w Cc: Mirabelli, Melissa; Burke,John Subject: Mandelbaum Attachments: ZBA 5078.pdf Kim, I was asked at the hearing today if there were any other lot coverage variances granted on the block. I incorrectly stated that there are not because when I reviewed the attached decision,for the property across the street, it appeared to only apply to setback variances. In fact the Determination references a Notice of Disapproval that does not mention lot coverage but was later,amended. Buried in the findings is a lot coverage variance wit no percentage referenced but by refrence to the amended ND, it appears that the property was granted a variance for 38% lot coverage. I would resepctfuly request that the Board take notice of this prior determination in their deliberations. Regards, Martin Martin D. Finnegan, Esq. FINNEGAN LAW, P.C. 13250 Main Road P.O. Box 1452 Mattituck, New York 11952 T 631.315.6070 C 516.298.5384 mfinnegan@northfork-legal.com CONFIDENTIALITY NOTICE:The information contained in this e-mail and any attachments may be legally privileged and confidential. 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APPEALS BOARD MEMBERS O�OSQFFO(�CO Southold Town Hall -Gera;d P.Goehringer,Chairman �� Gyp` 53095 Main Road Lydia A.Tortora y i P.O.Box 1179 U George Horning ^r Southold,New York 11971-0959 o V Ruth D.OIiva ZBA Fax(631)765-9064 Vincent Orlando l � Telephone(631)765-1809 � http://southoldtown.northfork.net BOARD OF APPEALS D°1 TOWN OF SOUTHOLD FINDINGS,DELIBERATIONS AND DETERMINATION V,J MEETING OF MAY 2,2002 Appl.No. 5078—THEODORE and ANGELA LAOUDIS County Tax Map Parcel No.70-13-20.04 Property Location: 635 Kimberly Lane, Southold(Lot 4 on the Map of Paradise by the Bay). BASIS OF APPLICATION: Building Department's January 4, 2002 Notice of Disapproval under Sections 100-30A.3 and 100-230C.3 due to insufficient side setbacks of a walkway structure, roof overhang of a covered path structure(s), and roof overhang of the dwelling at greater than two feet into the side yard on the northern end of the property,instead of the code requirement of 15 feet minimum on one side. AREA VARIANCES REQUESTED: Requested are replacement of the dwelling, with enlargement, covered walkway structure, roof overhang of covered stone path structures, and roof overhang of the dwelling, all of which do not meet the minimum 15 ft. setback, and total 35 ft. side yards, from the side property line. Details related to the location and sizes of these structures are more particularly shown on the survey for Lot 4, Map of Paradise by the Bay, prepared by Joseph A. Ingegno, L.S. dated November 17, 2000, revised 12/12/01,and Maps AO-2 and AO-2B prepared by Bohn Associates. The applicant has agreed to remove the covered walkway which overlaps the property line in the event the properties were sold independently, and a purchaser desired to separate the use of the two parcels. The two parcels are presently used the same family. FINDINGS OF FACT The Zoning Board of Appeals held public hearings on this application on March 21, 2002 and April 18, 2002, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and the area, and other evidence, the Zoning Board finds the following facts to be true and relevant. PROPERTY DESCRIPTION: The applicant's property is located on the easterly side of Kimberly Lane in Southold and consists of a total land area of 87,938.03 sq. ft, and a width of 227.34 feet. The total above- grade covered area of the lot is shown on Map AO-213 prepared by Bohn Associates, Inc. The property is improved with a single-family dwelling. ADDITIONAL INFORMATION: At the time of the site visit, activities at both north wings of the dwelling started (after leveling the old rock foundation of the dwelling), with placement of the new partial foundation. New and existing, uncovered patio areas and landscaped areas in front of the dwelling were started (referred to on the plans submitted). REASONS FOR BOARD ACTION• In accordance with the review standards set forth in Town Law 267b-3 (area variances), the Board has considered the benefit to the applicant if the variance is granted, as weighed � � J Page 2—May 2,2002 ZBA Appl.No 5078—T and A.Laoudis Parcel 70-13-20.04 at Southold against any detriment to the health, safety and welfare of the neighborhood and community by such grant, and determines that: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. Applicant is reconstructing the existing large, two-story home as well as other improvements, and all improvements are within keeping of the neighborhood. The surrounding dwellings are comparable in overall square footage and stature, and this structure will have no undesirable effect on the neighborhood. The applicant prefers to conform to the code by keeping the two parcels as separate lots in order to provide for one dwelling use on each of the two lots, for a total of two dwellings on 3+ acres. (If the lots were merged, the minimum side setbacks to the present dividing lot, and the lot coverage relief, would no longer be necessary, however, the applicant would only be able to have one dwelling on 3+-acres(both 20.35 and 20.04 if combined as one lot). 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. Since the adjoining lot is also owned by the applicant, the side yard encroachment created by the proposed covered stone walk and overhang of the north wing of the main house can only be addressed by an area variance with conditions and restrictions related to both properties. 3. The variance granted herein is substantial due to the extensive nature of the improvements. 4. The difficulty has been self-created. 5.The variance granted will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. 6.Grant of the requested variance is the minimum action necessary and adequate to enable applicant to enjoy the benefit of a new dwelling with covered walkways and related structures,while preserving and protecting the character of the neighborhood and the health,safety,and welfare of the community. BOARD RESOLUTION ACTION OF THE BOARD: In considering all of the above factors, and applying the balancing test under New York Town Law, motion was offered by Member Orlando, seconded by Member Tortora,and duly carried,to CONDITIONAL GRANT of the requested area variances, SUBJECT TO the following covenants, conditions,and restrictions related to both lots(20.04 and 20.35)owned by the applicants: 1) In the event the owners (applicants) of either/both parcels 20.204 and 20.35 decide to convey either lot, structures within the code restricted area, 15 feet of the side property line,must be removed or out back,to meet this minimum 15 ft.side yard setback. This includes the tennis court setback at the north side. 2) The lot coverage total as applied for,is limited to the elements and structures requested, and may not be substituted for other new structures. Page 3—May 2,2002 ZBA Appl No 5078—T and A Laoudis ^V� Parcel 70-13-20 04 at Southold 3) No fixture increase in lot coverage or height extensions. This action does not authorize or condone any current or future use, setback or other feature of the subject property that violates the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Goehringer,Tortora, d Orlando Mem ers Ol' a g were absent.) This Resolution was duly adopted(3-0). i Gerar P.Goehringer,Chairman RECEIVED AND FILED BY (.� „R Town Clerk, Town_ of : onthold IVs � - c25e096e-81ba-4678-865f-00123eac0549 kimf@southoldtownny.gov 7i�U� AFFIDAVIT OF PUBLICATION The Suffolk Times LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALSno. THURSDAY;JANUARY 6,2022 at 10:00AM 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, JANUARY 6,2022: 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://southoidtownny.gov/agendacenter.. Additionally,there.jvill be a link to the Zoom Webjnar meeting at http.-/IsoutholdtoWnny.gOv/c.alendar.aspx. 10:00 AM.-NICHOLAS AND ASPASIA CONSTANTINE#7561 Reo.uest for Variances from Article:XXlll,. Section 280-124;and the Building Inspector's July,23,2021 Notice of Disapproval based on an application . fora permit to demolish an existing dwelling and to construct a new single family dwelling;at 1) located : less.than the code required minimum side yard setback of 10 feet:on.each side; 2) located less than'the code_ .required minimum combined side yard setback of 25 feet; located at:275 Miriam Road, Mattituck, NY. SCTM No. 1000-99-1-28. 10:10 A.M.-FRANK AND CHRISTINE MANGANO#7574—Request for a Variance from Article XXIII, Section 280-124; and the Building Inspector's August 13,2021 Notice of Disapproval biased on an applicationfor a permit to construct additions and alterations to an existing single family dwelling;at 1) more than the code permitted maximum lot coverage of 20%; located at:370 Sunset.Way,Southold, NY. SCTM No. 1000-91- 1-7. 10:20 A.M.-LINDA AND DANIEL LYNCH#7577—Request for a Variance from Article Vill,Section.280- 124; and the Building Inspector's July 1, 2021,Amended September 3, 2021 Notice of Disapproval based on an application to legalize an "as-built" deck addition; at 1)located less than the code minimum required rear yard setback of 35 feet; located at: 2070 Grathwohl Road, New Suffolk,'NY.SCTM No. 1000-117-2-14. 10:30 A.M._WS2 INVESTMENTS, LLC#7575—Request for a Variance from Article 111,Section 280-15; and the Building Inspector's August 5, 2021 Notice of Disapproval based on an application for a permit to construct a non-habitable accessory garage; at 1) located in other than the code permitted rear yard; located at: East End Road,Fishers Island, NY.SCTM No. 1000-4-6-1. 10:40 A.M.-RAMA B. RAO AND ELEANOR L.THOMAS#7578—Request for a Variance from Article XXIII, SOUTHOLD TOWN BD OF APPLS 2 " c25e096e-81ba-4678-865f-00123eac0549 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times Section 280-124;and the Building Inspector's July 13,2021, 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 minimum required'front yard setback of 50 feet; located at- 1725 King Street,Orient, NY. SCTM No. 1000-26-2-43.4. 10:50 A.M. PETER AND MARIA GANLEY#7581—Request for Variances from Article XXIII,Section 280- , , ,.: and the Building Inspector's August.l3,2021 Notice of Disapproval based on an application fora permit to - ; - construct additions and alterations and to-legalize an"as built" rear deck addition to an existing single family dwelling;at 1) located less than the code minimum required side yard setback of 15 feet;2) located less than the code minimum required combined side yard setback of 35 feet; located at:785 Fishermans. Beach Road;Cutchogue, NY.SCTM No. 1000=111-1-31. ' 11:0 A.M.-JAY P. MANDELBAUM RND.LAUR�N GQRDON Request.for Variances from Article IV; Section 2807-18 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 aecesso,ry•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 209 , and 2)the proposed raised patio and-ho would be located partially I.n.the side . yard where the code requires accessory structures and buildings must be located in the rear yard;for property located at: 920 Kimberly Lane,Southold, NY.SCTM No. 1000-70-13-20.15..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 notconstructed within a specific timeframe: 1:00 P.M.-KEITH AND LYNETTE KANE#7576-Request for Variances from Article XXIII,Section 280-124; and the Building Inspector's.August 23,2021 Notice of Disapproval based on an application for a.permit to legalize the"as built"conversion of the approved:screened porch to conditioned habitable space . , attached to an existing_ single family dwelling;at 1)located less-than the code minimum required side yard setback of = 15 feet; 2) located less than the code minimum required combined side yard setback of 35 feet; located. at: 335 Village Lane,Orient, NY.SCTM No. 1000-25-2-4.13. 1:10 P.M.-JOSEPH AND DEBORAH POLIDORA#7583—Request for Variances from Article XXIII,Section 280-124;and the Building Inspector's September 13,2021 Notice of Disapproval based on an application for a permit to construct a one story addition connecting an existing single family dwelling to an existing detached garage;at 1) located less than the code minimum required side yard setback of 15 feet on two sides; 2) located less than the code minimum required combined side yard setback of 35 feet; located at: SOUTHOLD TOWN BD OF APPLS 3 c25e096e-81ba-4678-865f-00123eac0549 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times 1055 Point Pleasant Road, Mattituck, NY.SCTM No. 1000-114-1-1. :1:20 P.M.-THOMAS AND LAURA JOHNSON#7584—Request for.a Variance from Article XXIII, Section 280- 124;and the Building Inspector's September 8, 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 minimum required front yard setback of 35 feet; located at:Off Fox Avenue, Fishers Island, NY. SCTM No. 1000-94-18. :. 1:30 P.M:-.-THE ALEXANDER FOX STERN 1997 TRUST#7586 Request fora Variance from Article XXII, Section 280416A(1)and the.Buil.ding Inspector's August 16,2021 Notice of-Disapproval based on an application'for a permit to demolish an existing single family dwelling and to:construct a new single family dwelling on-the existing foundation;at 1).dwelling is located less than the code required 100 feet fon. the. tap of the bluff;.located at:63165 County R9ad 48,Greenport, NY. SCTM No 1000-4.0-1-14, 1;40 P.M -PANTS VIEW, LLC#7587—_Request for Variances from Article XXII,Section 280.116A(1); Article XXIII,Section 124; and the Building Inspector's August 3, 2021.Notice of Dlsapproval as d,on an. application to demolish and reconstruct a single family dwelling;at 1) located less than the code required . 100f eet from;the top of the bluff; 2) .located less than the code required side yard setback'6 15 feet;3) more than the code.permitted.maximum.lot coverage of 20%; locate.0 at 2022..Hyatt Road,Southold; NY. SCTM No..1000-50=1,-21. 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:H24.38.28.228:2040/webl.ink/Browse.aspx?d bid=0. Contact our office at(631)765-1809,or by email: kimf@south,olldt,ownny.gov Dater December 16, 2021 -ZONING BOARD OF•APPEALS;.LESL•IE KANES WEISMAN, CHAIRPERSON .. BY: Kim E. Fuentes, 54378 Main Road (Office Location), P.O. Box 1179,Southold, NY 11971-0959 SOUTHOLD TOWN BD OF APPLS 4 c25e096e-81ba-4678-865f-00123eac0549 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: December 30,2021 This newspaper has been designated by the.County Clerk of Suffolk County;a-s a newspaper of record in, this.courity;and as-such,is.eligihle to publish suchnotices. Signature Eliot T. Putnam Printed Name Subscribed and sworn to beforepe, This 06 day of January 2022 Notary Signat,re `,,�� N�, � �c i ,ter moi" •••STAT E• ssOF NEW PORK S. NOTARY PUBLIC SAMIANY Notary Public Stamp �j••, OIRF.63984.I1 o` Aft fr�4,,ISI0 1Y uXQ 1��,,,��• SOUTHOLD TOWN BD OF APPLS 1 BOARD MEMBERS Southold Town Hall- Leslie Kanes Weisman,Chairperson 01 53095 Main Road- P.O.Box 1179 p Dantes Southold,NY 11971-0959 Patricia ra Office Location: Eric antes y� Town Annex/First Floor, Robert Lehnert,Jr. �p� 54375 Main Road(at Youngs Avenue) Nicholas Planamento OI,Ycou 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, JANUARY 6, 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, JANUARY 6, 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.gov/calendar.aspx. 11:00 A.M. - JAY P. MANDELBAUM AND LAUREN GORDON #7579 — 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%, and 2) the proposed raised patio and hot tub would be located partially in the side yard where the code requires accessory structures and buildings must be located in the rear yard; for property located at: 920 Kimberly Lane, Southold, NY. SCTM No. 1000-70-13-20.15. 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. 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: December 16, 2021 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 M%f FO Town Hall Annex, 54375 NYS Route 25 P.O.Box 1179 Southold,New York 11971-0959 Fax(631) 765-9064 1 ,W. ZONING BOARD OF APPEALS DATE: December 6, 2021 RE: INSTRUCTIONS FOR PUBLIC HEARING Dear Applicant; Pursuant to the New York State Governor's announcement lifting many COVID-19 restrictions, the Town will now resume IN-PERSON meetings that are open to the public. For those who wish to attend the meeting virtually, for health and safety reasons,we will continue via Zoom Webinar, as well. Therefore, the January 6, 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. Be o ,xp e Gees i iruef�o ectu d' o xep sez fo akff H�pp l c hea�`p vvlisic cl s 1. Yellow sign to post on your property a minimum of seven(7) days prior to your hearing,to be placed not more than 10 feet from the front property line (within your property) bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both street frontages. Posting should be done no later than December 29, 2021. To avoid weather damage to your sign please affix it to a sturdy surface such as plywood. If your sign is damaged please call the office and we will provide you with another one. Prior to your public hearing, members of the Board of Appeals will each conduct a personal inspection of your property. If a Board member reports that there is no signage visibly on display as required by law,your scheduled hearing will be adjourned to a later date to ensure compliance with Chapter 55-1 (B) 1 of the Town Code. 2. SC Tax Map with property numbers. 3. Legal Notice of in person meeting,as well as video conferencing. Instructions for participation will follow, and will be posted on the Town's Website under the meeting date, and the Legal Notice section of Suffolk Times Newspaper. 4. Affidavits of Mailings and Posting to be completed by you, notarized, and returned to our office by December 29, 2021, verifying that you have properly mailed and posted. Please attach a photograph of the posting on your property with your affidavit of posting. 5. Instructions for Laserfiche/Weblink to view application. Instructions for ZBA Public Hearing Page 2 MAILING INSTRUCTIONS: Please send by iUS0SV=Gertified lVfa l;nRe"Ri _Reeeip 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 December 20,2021. a. Legal Notice informing interested parties of meeting being conducted IN PERSON and via video conferencing. (Enclosed) A WEBLINK to the meeting will be provided on the Town's Website under the date of the meeting. b. Your Cover Letter which should include your contact information, date and time of hearing, procedures for submitting written comment via email or USPS to our 6ffice. Recipients should be able to contact you for additional information. Furthermore, if recipients need to contact the ZBA staff,they may telephone 631-765-1809 or email us at kimf@southoldtownny.gov or elizabeth.sakarellos@town.southold.ny.us c. Instructions for Laserfiche/Weblink to view all pending applications. (Enclosed) Link to view pending applications: http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. d. Survey or Site Plan depicting"as-built" and proposed improvements requiring ZBA relief. The Town's Laserfiche/Weblink files provides both location addresses and mailing addresses in their current Assessment Roll listing. (See Link Below). Also, the Town Assessor's Office can be reached at 631-765-1937. Contact us via email or by phone if you need further assistance. TownOfSouthold>Assessors>Assessment Books/Tax Rolls>2010-2019>2019 http://24.38.28.228:2040/weblink/O/doc/I022250/Pa eg l.aspx. �-�=,u -s--•-P.^� .�,.'&ems. �� e, 5 -"S. i•' "a: ° `..4 � �3.,, s ' '�a' J .;psi'^-`y-s at�'i �' r. "ftu,e�#^� v Ax � r �t �t a� aLa$ IR S bxa� m7� � ;marng�re��i s;;gersir �rdafvits nSAZ'9'f '� �?�$ €r a Nc heo �� ou� pd �lA . Box 159 #bout1d � r9101- pu Please note that without your mailing receipts, the ZBA will be prevented from conducting your hearing,pursuant to Chapter SS of the Southold Town Code and New York State Law. Please note that you or your representative are required to attend. 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ZBA-0310280MN 3 :...t � ....... r• 20A-03/1¢r200 Agenda 3 ZBA-03/768017Spedal 3 .i .. r ZBA-04/068017 5 . . ........ ._.... __. _...... ...... .................. __. .....__. ..,_.__...._....__...._..._..._...._ --__. _--..___... _ . ZSA-GVOWD17 Asenda 4 . i,. rj—ZBA4a06r2017 Hearing,- 45 . Above Agendas, Minutes.and Transcripts are in chronological drder. Revised 6/15/2020 U-otTI �. E U F H EARI 14t� The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road , Southold: ie application will also be available VIA ZOOM WEBINARm Follow linkmhttp://southoldtownny.gov/calendar NAME : MANDELBAUM , JAY #7579 SCTM # Nm 1000-70- 13-20 . 15 ' lARIANCE : LOT COVERAGE AND LOCATION OF ACCESSORY STRUCTURES REQUEST : CONSTRUCT A SINGLE FAMILY DWELLING AND AN ACCESSORY RAISED PATIO WITH HOT TUB DATE : THURS . , JAN . 612022 110m00 AM You may review the file(s) on the town's website under Town RecordsNlleblink: ZBAIBoard Actions/Pending. ZBA Office Telephone (631 ) 765.1809 Susan and Todd Ewing 1795 N Parish Drive Southold, NY 11971 ✓q 41 January 3, 2022 Town of Southold Zoning Board of Appeals ��,� P.O. Box 1179 /'^a Southold, NY 11971-0959 r ?Q Re: Area Variance Application of Lauren Gordon and Jay P. Mandelbaum Premises: 920 Kimberly Lane, Southold SCTM #1000-070.00-13.00-020.015 To Chairperson Weisman and Members of the Zoning Board of Appeals: We live on N Parish Drive near the Mandelbaum property. We are aware of the Mandelbaum's requests for lot coverage and rear yard area variances to enable them to construct a single- family dwelling and accessory raised patio and hot tub. We are also aware of their request for an extension of their deadline to complete the construction. As full time residents of Southold who greatly value the beauty of our community, we believe that the proposed construction will be in character with the other houses in the neighborhood and will have a positive impact on the neighborhood. We fully support the granting of variances and an extension of time to complete the project. Sincerely, Susan and Todd Ewing Rachel and John Cashwell 515 Harbor Lights Drive, - '' q j ?022 Southold,NY 11971 9175381048 � d� Town of Southold Zoning Board of Appeals 1V P.O. Box 1179 �� Southold,NY 11971-0959 Re: Area Variance Application of Lauren Gordon & Jay P. Mandelbaum Premises: 920 Kimberly Lane, Southold SCTM#1000-070.00-13.00-020.015 To Chairperson Weisman and Members of the Zoning Board of Appeals: We reside in the community on Harbor Lights Drive adjacent to/near/in the vicinity of the Mandelbaum property. We are aware of their requests for lot coverage and rear yard area variances to enable them to construct a single-family dwelling and accessory raised patio and hot tub. We are also aware of the Mandelbaum's request for an extension of their deadline to complete the construction. We believe that the proposed construction will be in character with the other houses in the community and will have a positive impact on the neighborhood. We have no objection to the granting of variances, or to an extension of time to allow the project to be completed. By: Rachel and John Cashwell 515 Harbor Lights Drive, Southold,NY 11971 9175381048 JA Town of Southold Zoning Board of Appeals N Q P.O. Box 1179 Southold,NY 11971-0959 Re: Area Variance Application of Lauren Gordon & Jay P. Mandelbaum Premises: 920 Kimberly Lane, Southold ^ n SCTM#1000-070.00-13.00-020.015 / \ To Chairperson Weisman and Members of the Zoning Board of Appeals: We reside at 530 Kimberly Lane near the Mandelbaum property. We are aware of their requests for lot coverage and rear yard area variances to enable them to construct a single-family dwelling and accessory raised patio and hot tub. We are also aware of the Mandelbaum's request for an extension of their deadline to complete the construction. We believe that the proposed construction will be in character with the other houses in the'community and will have a positive impact on the neighborhood. We have no objection to the granting of variances, or to an extension of time to allow the project to be completed. The Mandelbaum's have been our neighbors for 20 years, own three properties on our block and one close by and all are well maintained and beautiful places. This new construction will be the same. Carol and John Crean Charles and Caroline-McNeilly Boyar 250 Goose Creek Lane Southold,NY 11971 Town of Southold Zoning Board of Appeals P.O. Box 1179 `A Southold,NY 1.1971-0959 n Re: Area Variance Applieation of Lauren Gordon & Jay P.'Mandelbaum Premises: 920`Kimberly Lane,Southold SCTIVI#1000-070.00-1"3.00-020.015 To Chairperson Weisman and Members of the Zoning Board of Appeals: We are 45 (Mattituck class of 1985) and,55-year residents, respectively, of Southold Town and are currently residing full time at 250 Goose Creek Lane which is near the Mandelbaum property. We are aware of their requests for lot coverage and rear yard area variances to enable them to construct a single-family dwelling and accessory raised patio and hot tub. We are-also aware of the Mandelbaum's request for an extension of their deadline to complete the construction. As longtime residents of Southold,we have actively watched the many changes to the town over the last 5. decades,and the tasteful.Mandelbaum construction, and we Wholeheartedly believe that the proposed construction will be in.keeping with their positive contributions to the town over the last 20 years, with the other houses in the community, and will have a positive impact on the neighborhood. We have no objection to the granting of variances, or to an extension of time to allow'the project to be completed. R gards v Charle, oyar Caroline-McNeilly Boyar Monday,January 3,2022 at 13:50:49 Eastern Standard Time Subject: Fwd:Area Variance Date: Monday,January 3, 2022 at 1:41:55 PM Eastern Standard Time ,. _ From: Spencer Thomas To: Annalise Schweitzer aa I edZ��,��1� ----------Forwarded message--------- a From:Spencer Thomas<slthomas6l@gmail.com> Q Date: Mon,Jan 3, 2022 at 1:38 PM Subject: Fwd:Area Variance To:<kimf@southoldtownny_.gov>,<elizabeth.sakarellos@town.southold.ny.us>,<mfinnegan@northfork-legal.com>, <aschweitzer@northfork.legal.com> Cc:<Igmandelbaum@aol.com> ----------Forwarded message--------- From:Spencer Thomas<Spencer.Thomas@firstintitle.com> Date: Mon,Jan 3, 2022 at 1:34 PM Subject:Area Variance To:Spencer Thomas<slthomas61@gmail.com> Spencer Thomas 1080 Kimberly La Southold NY 11971 Town of Southold Zoning Board of Appeals PO Box 1179 . Southold NY 11971-0959 RE: Area Variance Application of Lauren Gordon and Jay P. Mandelbaum Premises: 920 Kimberly La Southold SUM 1000-070.00-13.00-020.015 To: Members of Town of Southold Zoning Board of Appeals I reside adjacent to the proposed construction site. I have no objection to the Mandelbaum's request for a lot coverage and rear yard area variance to enable them to construct a single-family home and accessory raised patio and hot tub or their request for an extension of their deadline to complete construction. Very truly yours, Page 1 of 2 Spencer T homas Page 2 of 2 KC7 ,I JILz Charles and Caroline-McNeilly Boyar JAN-®4 9^ � 250 Goose Creek Lane Southold,NY 11971 Town of Southold ZoningBoard of.Appeals P.O. Box 1179 Southold,NY 11971-0959 Re: Area Variance Application of Lauren Gordon &Jay P. 1bMandelbaum Premises: 920 Kimberly Lane, Southold SCTM#3000-070.00-13.00-020.015 To Chairperson Weisman and Members of the Zoning Board of Appeals: We are 45 (Mattituck class of 1985) and 55-year residents, respectively, of Southold Town and are currently,residing full time at 250 Goose Creek Lane which is near the Mandelbaum property.We are aware of their requests for lot coverage and rear yard area variances to enable them to construct a single-family dwelling and accessory raised patio and hot tub. We are also aware of the Mandelbaum's request for an extension of their deadline to complete the construction. As longtime residents of Southold we have actively watched the many changes to the town over the last 5 decades,and the tasteful.Mandelbaum construction, and we wholeheartedly believe that the proposed construction willbe in keeping with their positive contributions to the town over the last 20 years, with the other houses in the community, and will have a positive impact on the neighborhood:. We have no objection to the granting of variances,' or to an extension of time to allow the project to be completed. AC�harle s v oyar Caroline-McNeilly Boyar <F Fuentes, Kim ,3f7 From: Spencer Thomas <slthomas61 @gmail.com> � Sent: Monday,January 3, 2022 1:39 PM To: Fuentes, Kim; Sakarellos, Elizabeth; mfinnegan@northfork-legal.com; aschweitzer@northfork.legal.com Cc: Igmandelbaum@aol.com Subject: [SPAM] - Fwd:Area Variance AV) ---------- Forwarded message--------- From:Spencer Thomas<Spencer.Thomas@firstintitle.com> Date: Mon,Jan 3, 2022 at 1:34 PM Subject:Area Variance To: Spencer Thomas<sithomas6l@gmail.com> Spencer Thomas 1080 Kimberly La Southold NY 11971 Town of Southold Zoning Board of Appeals PO Box 1179 Southold NY 11971-0959 ,RE: Area Variance Application of Lauren Gordon and Jay P. Mandelbaum Premises: 920 Kimberly La Southold SCTM 1000-070.00-13.00-020.015 To: Members of Town of Southold Zoning Board of Appeals I reside adjacent to the proposed construction site. I have no objection to the Mandelbaum's request for a lot coverage and rear yard area variance to enable them to construct a single-family home and accessory raised patio and hot tub or their request for an extension of their deadline to complete construction. Very truly yours, Spencer Thomas 1 Rachel and John Cashwell 515 Harbor Lights Drive, f uf Southold,NY 11971 yr9175381048 �44`. ;;> Town of Southold Zoning Board of Appeals P.O. Box 1179 =R ',M�� Southold,NY 11971-0959 Re: Area Variance Application of Lauren Gordon & Jay P. Mandelbaum Premises: 920 Kimberly Lane, Southold SCTM#1000-070.00-13.00-020.015 To Chairperson Weisman and Members of the Zoning Board of Appeals: We reside in the community on Harbor Lights Drive adjacent to/near/in the vicinity of the Mandelbaum property. We are aware of their requests for lot coverage and rear yard area variances to enable them to construct a single-family dwelling and accessory raised patio and hot tub. We are also aware of the Mandelbaum's request for an extension of their deadline to complete the construction. We believe that the proposed construction will be in character with the other houses in the community and will have a positive impact on the neighborhood. We have no objection to the granting of variances, or to an extension of time to allow the project to be completed. By: Rachel and John Cashwell 515 Harbor Lights Drive, Southold,NY 11971 9175381048 Westermann, Donna From: Annalise Schweitzer <aschweitzer@northfork-legal.com> Sent: Monday,January 03, 2022 1:37 PM To: Westermann, Donna 1 Cc: Martin Finnegan ('M1ll- Subject: FW: Letter in Support Attachments: Letter in Support.docx , FYI Donna--for Mandelbaum application. , � Annalise Schweitzer, Legal Assistant to Martin D. Finnegan, Esq. FINNEGAN LAW, P.C. 13250 Main Road P.O. Box 1452 Mattituck, New York 11952 T 631.315.6070 x102 ASCHWEITZER@northfork-legal.com CONFIDENTIALITY NOTICE:The information contained in this e-mail and any attachments may be legally privileged and confidential. If you are not an intended recipient,you are hereby notified that any dissemination, distribution or copying of this e-mail is strictly prohibited. If you have received this e-mail in error, please notify the sender and permanently delete the e-mail and any attachments immediately.You should not retain,copy or use this e-mail or any attachment for any purpose, or disclose all or any part of the contents to any other person.Thank you. WIRE FRAUD NOTICE: Instances of wire fraud are increasing! Before wiring any money, always call the intended recipient at a verified phone number to confirm the instructions. On 1/3/22, 1:16 PM, "Rachel Cashwell" <rcashwel@optonline.net>wrote: 1 r- Fuentes, Kim From: Rachel Cashwell <rcashwel@optonline.net> Sent: Monday,January 3, 2022 1:16 PM To: Fuentes, Kim; Sakarellos, Elizabeth Cc: mfinnegan@northfork-legal.com; aschweitzer@northfork-legal.com Subject: Letter in Support Attachments: Letter in Support.docx /4� Susan and Todd Ewing 1795 N Parish Drive ,JAN ® 3 ' Southold, NY 11971 January 3, 2022 Town of Southold Zoning Board of Appeals P.O. Box 1179 Southold, NY 11971-0959 Re: Area Variance Application of Lauren Gordon and Jay P. Mandelbaum Premises: 920 Kimberly Lane, Southold SCTM #1000-070.00-13.00-020.015 To Chairperson Weisman and Members of the Zoning Board of Appeals: We live on N Parish Drive near the Mandelbaum property. We are aware of the Mandelbaum's requests for lot coverage and rear yard area variances to enable them to construct a single- family dwelling and accessory raised patio and hot tub. We are also aware of their request for an extension of their deadline to complete the construction. As full time residents of Southold who greatly value the beauty of our community, we believe that the proposed construction will be in character with the other houses in the neighborhood and will have a positive impact on the neighborhood. We fully support the granting of variances and an extension of time to complete the project. Sincerely, Susan and Todd Ewing t Lisa J Davidoff 1015 Kimberly Lane JAN 08 2022 Southold,N.Y. 11971 Ljdavidoff@gmail-cOm Toxm of Southold Zoning Board of Appeals P.O.Box 1.179 Southold,NY 11971-0959 Re: Area Variance Application of Lauren Gordon&JBY'P-Mandelbaum Premises' 920 Kimberly Lane,Southold SCTM#1000-070.00-13.00-020.015 To Chairperson 6is'-man W and members of the Zoning.Board-of App6als:' . S from the I reside in the community on-Kimberly Lane_adjacent arrOs 'I am aware of their requests for lot coverage and rear yard vicinity of the Mandelbawn property. raised patio construct a single-fhmUy dwelling and accessory r area variances to enable them to Mandelbaurn'S request for an extension of their deawith to and hot tub. I am also aware Of the that the proposed construction will be in charactethe complete the construction.I believe will have a positive impact on the neighborhood.I have no other houses in the community and of time to allow the project to be objection to the granting of variances,or to an extension completed. . 11171-W t DEC 13 Town of Southold Zoning Board of Appeals P.O. Box 1179 Southold,NY 11971-0959 era ^7) �� ( �� Re: Area Variance Application of Lauren Gordon & Jay P. Mandelbaum Premises: 920 Kimberly Lane, Southold SCTM#1000-070.00-13.00-020.015 To Chairperson Weisman and Members of the Zoning Board of Appeals: We reside at 530 Kimberly Lane near the Mandelbaum property. We are aware of their requests for lot coverage and rear yard area variances to enable them to construct a single-family dwelling and accessory raised patio and hot tub. We are also aware of the Mandelbaum's request for an extension of their deadline to complete the construction. We believe that the proposed construction will be in character with the other houses in the community and will have a positive impact on the neighborhood. We have no objection to the granting of variances, or to an extension of time to allow the project to be completed. The Mandelbaum's have been our neighbors for 20 years, own three properties on our block and one close by and all are well maintained and beautiful places. This new construction will be the same. Carol and John Crean DEC 13 2021 1 n TOWN OF SOUTHOLD ZONING BOARD OF APPEALS Appeal No. � C SOUTHOLD, NEW YORK AFFIDAVIT OF In the Matter of the Application of: MAILINGS JAY P. MANDELBAUM AND LAUREN GORDON (Name of Applicant/Owner) 920 KIMBERLY LANE, SOUTHOLD SCTM No. 1000-070.00-13.00-020.015 (Address of Property) (Section,Block&Lot) COUNTY OF SUFFOLK STATE OF NEW YORK I, ( ) Owner, (V) Agent MARTIN D. FINNEGAN, ESQ. with 13250 MAIN ROAD, MATTITUCK residing address ing at New York, being duly sworn, deposes and says that: On the 5 day of DECEMBER , 2021 ,I personally mailed at the United States Post Office in MATTITUCK ,New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current.assessment roll Verified from the official records on file with the (\4 Assessors, or( ) County Real Property Office,for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the cant s p perty. (Signature) Sworn to before me this +h day of DECEMBER 22021 S.NOTARY PUBLIC-STATE NNALIS OF YORK 09457 QUALIFIED IN SUFFOLK COUNTY (Notary Public) MY COMMISSION EXPIRES SEP 28,20 PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. All original USPS receipts and mailing confirmations to be submitted to the ZBA Office along with this form completed, signed and notarized. I � Lel PostalPostal CERTIFIED 0 Domestic Mail Only M Domestic Ln Irk 4C�� II (� Certified Mail Fee $.7� r �. Certified Mail Fee \ ti I CE) Extre Services&Fees'(cheek box add fee dpp ate) N Extra SBNices&Fees(check box addlee' 1 br9F11ate) LTro - ❑RetumRacal pt(hard copy) $ tt (!V .. b ❑RetumRecelpt(hardcepy) pF t�m7a� $ ri r_- POstmar�l r � ❑Retum Receipt(elactronlc) $' ; 41'd`I DEC () g(E�fki � n Return Receipt(electrenlc) $ 4 ❑Certified Mail Restricted Delivery $ 'Hef� r ❑certified Mall Restricted Delivery $ k r []Adult Signature Requited $ — h,.•�� ,r r ❑Adult Signature Required $ � []Adult Signature Restricted Delivery$ t�� .)')i� ❑AduR Signature Restricted'belNery$ p Postage C3 Postage r s r $11.78 #t¢5 11.78 1 /I° 2.Ct 1�� -1!8 �2 21 �- $_ 1� ..0 Total Postage and Fees Total Postage and Fees O $7.58 11D $ $7.58 Sent - 1O LSent'..-- �ru Howard & :Lisa Davidoff ----==--- !ruSpencer L. . Thomas i--------- C] b'Yiil )O 1015 Kimberly Lane .------- tt301 Coolidge Drive- Southold, NY .11971 Centerport, NY 11721 Postal Postal © RECEIPTCERTIFIEDo RECEIPT CERTIFIED MAIL • ff� •. Only M •. rU r=1 For delivery information,visit OUr website at www.usps.com". lrn X171 a_ it $ -p.. , 0 Certified Mall Fee Certified Mail Fee 5 °� g (`- 5 X3.7. $3.7•- _ 49:•: cO Fxtra Servlees&Fees.(checkbo�4 addfee•1�Apm a�) .'�y-� 'F�ctra Services&Fees(checkbo yaddfee $ " t ❑Return Receipt(hardcopy) ❑Return Receipt(h C3 - U i ti l � Po ark 1^>5 r9 rkl l I l ll r=l ❑Ratum Receipt(eleotrnnic) $—,__--�— � re -s9 1 0 ❑Retum Receipt(electronic) $ (® Pq,�ftnadt O` ❑Certfiied Mall Reetrlcted Delivery $ }FI-- ��4 ❑Certified Mall Restricted Delivery $ ',ft f(L) 1 Here O ❑Adult Signature Required $ — ' (� ❑Adult Signature Required $ () ❑Adul4 Signature Restricted Delivery$ a� ❑Adult Signature ResMcted Delivery$ (� Postage +, f'; ✓ M Postage X11,]Q $ ?j 11.78 u 12/x!8/21:121 -12j08/2671 -� Total Postage and Fees Total Postage and F . s � 8 O $ tv O $7.'58..r5 tJ $ O Sent To ' l \ ro Sent To Keith & Kathleen 'Cropper 'i- ri1 Jean Quarty . C3 Street andi r- 14 9-14 9th Avenue J 86P N. Bayview Road crry,sa ------- aty state;; r Whitestone, NY 11357 Southold, NY 11971 Postal CERTIFIED , , O RECEIPT 1,; Domestic Mail Only I � 1r-1 For delivery information,visit our website at wWW.USPS.00M"- Gap t . Y Certified'Mail Fee 5. X3.7•_ c Extra Services&Fees'(checkbox,add fee pb Fate) �� ' El Return Recelpt(hardcopy) $ >i( 111 I CO,v Y:•.r r-q 0 Retum Recelpt(eleetmhic) $ <,.(I 11�._I_I POSttrC[ 7f "^ Gia C7 1]Certified Mail Restricted Delivery $ � Heret- rr.x:. ❑Adult Signature.Required $ _ 1 .'1 1 1-3 E]Adult Signature Restricted Delivery$ UP j O Postage .- ✓ $0.78 $ 1ryr�sr'�elal�y� '� I -� Total Postage and Fees 1 0 -$.7.58 " Q Sent To, l I o -user--- -Margaret B. Nugent r- 2 Prescott Street - Garden -City, NY 11530 MAILING LIST - ZONING BOARD OF APPEALS VARIANCE APPLICATION PUBLIC HEARING JAY P. MANDELBAUM AND LAURDEN GORDON #7579 920 KIMBERLY LANE, SOUTHOLD - SCTM 1000-070.00-13.00-020.015 i 70.-13-20.16 - OWNED BY APPLICANT 70.-13-20.5 - OWNED BY APPLICANT 70.-13-12.1 - 980 N. BAYVIEW ROAD Margaret B. Nugent 2 Prescott Street Garden City, NY 11530 70.-13-13 — 860 N. BAYVIEW ROAD Jean Quarty 860 N. Bayview Road Southold, NY 11971 70.-13-14 - 800 N. BAYVIEW ROAD Keith & Kathleen Cropper 149-14 9th Avenue Whitestone, NY 11357 70.-13-20.14 — 1080 KIMBERLY LANE Spencer L. Thomas 301 Coolidge Drive Centerport, NY 11721 70.-13-20.6 — 1015 KIMBERLY LANE Howard & Lisa Davidoff 1015 Kimberly Lane Southold, NY 11971 SECTIONi SENDER:COMPLETE THIS ■ Complete items 1,2,and 3. A. Signat CP ■ Print your name and address on the reverse X ;., 0 Agent so that we can return the card to you. ❑Address, ■ Attach this card to the back of the mailpiece, B. Receiv d by(Printed Name) C. Date of Delivery' or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes If YES,enter delivery address below: ❑No rCei.th. & Cathleen Cropper 149-14 9th Avenue Whitestone, NY 1.1357 I 3. Service Type ❑Priority Mail Express@) II I IIII'I IIII III I II II I IIII I III IIII II II I I I II III ❑Adult Signature ❑Registered MaiITM E1 Adult Signature Restricted Delivery ❑Registered Mail Restricted' $[Certified Mail@ ' Delivery 9590 9402 7156 1251 8973 83 ❑Certified Mail Restricted Delivery ❑Signature ConfirmationTm . ❑Collect on Delivery ❑Signature Confirmation 2. Article Number(transfer from service label) ❑Collect on Delivery Restricted Delivery Restricted Delivery __O Insured Mail 7020 0640 0 0 01 8471 613 6 )cover red Restricted Delivery PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt SEN DER_:COMPLETE THIS 5=- ON COMPLETE THIS SECTION ON DELIVERY ■ Complete items 11','and 3. 'k ,Sig tura - s �; T.. •:.:', �• ❑Agent ■ Print your name and address on the reverse '^ 0 Addressee so that we can return the card to you. ■ Attach this card to the back of the mailpiece, g: eceiiied�Y`(Ptinted Name . Da a of el) a , or on the front if space permits. - 1. Article Addressed to: D. Is delivery address different from item 1? IJ Ye If YES,enter delivery address below: 0 No Howard & Lisa Davidoff 1015 Kimberly Lane / Southold, NY 11971 ..................._ ................... -•••��"'�'-'="""' 3. Service Type ❑Priority Mail Express® Il I IIIIII I'll I'I I II II I IIII I III II'I II II I I I I I III ❑Adult Signature ❑Registered Mail 11 ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted, Certified Mail@ Delivery 9590 9402 7156 1251 8973 69 ❑Certified Mail Restricted Delivery ❑Signature ConfirmationTM ❑ Delivery El on DeliveSignature Confirmation 2. Article NUmber_(Transfer_from ervice.lahall E Collect on Delivery Restricted Delivery Restricted Delivery ;ured Mail x ?020 0640 0 0 01 8 4 71 6150 —ioSer;ur$d Mail Restricted Delivery 500) - PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt SECTIONCOMPLETE THIS ON DELIVERY • • SENDER: A. Signature E3■ Complete items 1,2,and 3. ■ Print your name and address on the reverse X�--� oe f so that we can return the card to you. g. Received by(Printed Name) C. Date of De' ery ■ Attach this card to the back of the mail piece, or on the front if space permits. 1. Article Addressed to: - D If YES,enter delivery addreery address different ss below:om item l 0 No i Spencer L. Thomas 301 Coolidge. Drive Centerport, NY- 11721 j 3. Service Type ❑Priority Mail Exprr�ess@ ❑Adult Signature ❑Registered Mail IIIIIII'I I'II I'IIIIII I IIII�III IIII VIII IIII III ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted i G GDelivery )(certified Mail@ 'k, ❑Signature Confirmation*' [1 Collect onn D + 9590 9402 7156 1251 8973 76 Certified Delivery Restricted DeliXsry El Signature Confirmation i ❑Collect on Delidery Restricted Delivery '.Restricted Delivery 2. Article Number(rransferjfrom serviceTabel);+Tt 1-•—`ured+Ma+l ., - I I 1• ieuF redlMap'Rsestricd Dgliveryl 7020 0+6401 000'14 8471 161141 r$500) SECTIONCOMPLETE THIS ON DELIVERY COMPLETE • • i .%' �:�.f,�• FA Si riature l r ■ Complete items 1,2;and 3. E3 Agent ■ Print your name and address on the reverse X oil ^ ' 0 Addressee so that we can return the Card to you. B. Received by(Printe Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: D. is delivery address different from item 1? 0 Yes If YES,enter delivery address below: 0 No `v( i Z Tlarg^ret B Nugent 2 Prescott Street G.arden City, NY 11530 i ..._........__......................_,...................._........_...::., ' 3. Service Type ❑Priority Mail Express@ III 111111 IIII III I II II IIII I III IIII III II II II III Cl Adult Signature ❑Registered MailTM ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted, )(Certified Mall(g) Delivery ❑Certified Mail Restricted Delivery ❑Signature ConfirmationTM 9590 9402 7156 1251 8974 06 ❑Collect on Delivery ❑Signature Confirmation 2. ArticleNOmber(Transfer from service label) ❑Collect on Delivery Restricted Delivery Restricted Delivery Insured Mail 7 0 2 0 0 6 4 0 0 0 01 8 4 71 6112 Insured Mail Restricted Delivery _ (over$500) ' Domestic Return Receipt PS ortrt 381 ,J ly 2020 PSN 7530-02-000=9053 ± TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD,NEW YORK AFFIDAVIT OF In the Matter of the Application of: POSTING JAY P. MANDELBAUM AND LAUREN GORDON (Name of Applicants) COUNTY OF SUFFOLK STATE OF NEW YORK with an address I, MARTIN D. FINNEGAN g at 13250 MAIN ROAD MATTITUCK ,New York, being duly sworn, depose and say that: I am the ( } Owner or N6 Agent for owner of the subject property On the c29 day of DECEMBER ,20 21, I personally placed the Town's Official Poster on subject property located at: 920 KIMBERLY LANE, SOUTHOLD, NY The poster shall be prominently displayed on the premises facing each public or private street which the property involved in the application or petition abuts,giving notice of the application or petition,the nature of the approval sought thereby and the time and place of the public hearing thereori. The sign shall be set back not more than 10 feet from the property line. The sign shall be displayed for a period of not less than seven days immediately preceding the date of the public hearing of JANUARY 6,2021 (Own e t Signature) Sworn to before me this Day of DECEMBER 2021 otary Public) SCHWEITZER ANNALISE EMyw, TARY PUBLIC-STATE OF NEW YORK NO.01SC6M57 CWWFlED IN SUFFOLK COUNTY S810N EXPIRES SEP 28,20 I•—•. SECTIONCOMPLETE THIS DELIYERY SECTIONSENDE • A. Signat r6r'- ■ Complete items 1,2,and 3. / gent ■ Print your name and address on the reverse X ❑Addressee so that we can return the card to you. s,` B. Rece v,@d by Wed Nam) C. Date of Qelivery ■ Attach this card to the back of the mailpiece, w, � / ` or on the front if space permits. 1. Article Addressed to: D. is delivery address different from item 17 ❑Yes If YES,enter delivery address below: No Jea_, Quartl �Ir 860 ',NI. -Bayview Road Sou—ch•:L-6 r NY i1971 i FAdult ce Type ❑Priority Mail Express® _....._............__....... II I�lilil I'll I'llllll I llllllll 11111111111111111 ignature ❑Registered MaiITM ignature Restricted Delivery ❑Registered Mail Restrict, Certified MailO Delivery Certified Mail Restricted Delivery ❑Signature ConfirmationTm 9590 9402 7156 1251 8973 90 ❑Collect on Delivery ❑signature Confirmation 1:1 collect on pelivery.Restricted:Delivery ;,Restricted Delivery I 2. Article Numbe.r.(T,rans(er-frpmservice label) ;'s i ip Inkur�d INai(i i i } i i i :1 '!C7 In'sured tAail F�es$icted Delivery 7b2 6`4 d.4 b D7;''8 4'71` 612 9 cover Ro> — Domestic Return Receipt PS Form.3811,July 2020 PSN 7530-02-000-9053 r y - - TOWN OF SOUTHOLD � - ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK , AFFIDAVIT OF In the Matter of the Application of: POSTING JAY P. MANDELBAUM AND LAUREN GORDON (Name of Applicants) COUNTY OF SUFFOLK STATE OF NEW YORK a with an address 13250 MAIN ROAD I, MARTIN D. FINNEGAN ve9i@i4ig at MATTITUCK ,New York, being duly sworn, depose and say-that; I am the (. } Owner or:N�'Agent for owner.of the subject property DECEMBER On the�day of ,20 21 , I personally placed the Tbwn's_ . Official Poster on subject property located at: 920 KIMBERLY LANE, SOUTHOLD, NY The poster shall be prominently displayed on the premises facing each public or private street which the property involved in the application or petition abuts, giving notice of the application or petition,the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall beset back not more than 10 feet from the property line. The sign shall be displayed for a period of not less than seven days immediately preceding the date of the public hearing of JANUARY 6, 2021 (Owne e t Signature) Sworn to before me this p�q Day of DECEMBER 12021 r i otary Public) SCHWEITZER ANNALISE NOTARY PUBLIC-STATE OF NEW YORK E NO.01SC6409457 QUALIFIED IN SUFFOLK COUNTY MY COMMISSION EXPIRES SEP 28.20 �� A 1`V - s 1` . .J •• �� Via•��'� � <��. . r .i,�"�,tf,�\�w7' � ��jv r �� 4�• wa ,9 ��^`� � 2 '. �.ems ,� c` s � � ,a � .:' a rG• •" c .e. s, 1. P• 3 •. 't 4 T Y �7 t St .' h_. twn 40, lot Ik J /✓ scTM 0: 1000-70-13-20. I, e VARIANCE!1.01 7579 MANDELOAUM JI 11— `of ACCE SORY STIR 1 ACCESADRI .til. AND AN DAM rm— / ((//yqp' 1.., � -��•,yr - j �"'--_�� _ ..;.-.•r �s.' [K �Yvc .rt'�.,��•e <v: Se��.` gy��Y.¢ .�.`. "'. _ ♦ \ \� ,f ., ',["`1�l �.`.1 ��`�;. rw'�.�� pyo. '`,r..j1`��:>\ ,,;_• 1 rY 4 f f y � T+ a ,i�r r r 4' �'� •, '�', } \ W��r i�;.�4 iy t"r! ..}! ;a .. °1' ►j..i -3 \.fir e� •��r - Vol lk Vat, a TA ..• ate• ,� � .r ' �� `•v` �"'� w Pt fit' v .� 1 Ark wi- •� • a ' ✓ r_ '}' � '� �l,Y qi� 1 . �04. � P '.�p r�`i•�. -��.�P gd � ` r 1 .;.�W qr. }' »'r v i'' - 7 - ,31 'd �� y 'tea +/••7.4�l OF wet, NgTICE 01 AUM r .� q ,7 oll PT... �� '�• - ��.� C . SIA ��•' ^�e� t � �+r` 59- 1 - • 30 -s�. r f It i ti it r k-- �" ! � . �;r ! - ,� •�tars .'"�7k1', 'i � •�`. '—*` �_� \� .� % � r '4� .�`Y��--', <r•= • - ,' -t ;'t ' ` -�c`,,'��. ° fir ' ,• -{+�.•: _ !q ��`� ; �+(( "'3:.,.��'C 'S� �,.1, yam, ,��',�.y..d� �..� n\. ,:�. i ,T� P '`• r .� 1.Al S'Va. '\�i�^,':`.•. BOARD MEMBERS OF $O(/l Southold Town Hall Leslie Kanes Weisman,Chairperson O�� y�l 53095 Main Road •P.O.Box 1179 O Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. G. Q ,r. � �� 54375 Main Road(at Youngs Avenue) Nicholas Planamento �l,Y�,oU Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD. Tel.(631) 765-1809•Fax (631)765-9064 January 21 2022 Martin Finnegan Attorney at Law P.O. Box 1452 Mattituck,NY 11952 RE; Appeal #7579, Mandelbaum. J 920 Kimberly Lane, Southold SCTMNo. 1000-7043-20.15" Dear•1VIr Finnegan; During our:Special Meeting of January 20,2022,ahe_Zoning Board of Appeals voted to reopen the'public hearing of#7579;,Jay 1Vlandelbaum to.be scheduled for the Regular Meeting of 1Vlareh'3,2022 at 1:40 P1VI, in order to accept written correspondence. Please contact our office,=with any additional questions or concerns. Sincere, I. Kim E.Fuentes Board Assistant BOARD MEMBERSSouthold Town Hall Leslie Kanes Weisman,Chairperson O�*QF SO 01 53095 Main Road• P.O.Box 1179 O . Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes y ae Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento IiYCOU Southold,NY 11971 http://southo'ldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 Februaron y 3, 2022 / l .Martin Finnegan. Attorney at Law P.O..Box 1.452 Matti_tuck;NY_11952 RE: 1Vlandelbaum, ZBA`Application#7579 Dear Mr: Finnegan; On January.20; 2022,the Board unanirriously voted to.r en the ubhcaiearn on the p. P- g above referenced matter to consider„additional information that:is not in the:current record because it was suGzmtted after the closing othe heanng an ian -Theloard —�- has also decided to Waive any fees associated with'this hear -since the heanng was. reopened;by,$oard=resolution.arid not,at the request of the applicant This`application isscheduled to be reheard ori March 3, 2022 and you will receive the' . required mailings and posting and the scheduled time prior to the hearing, . If you have any questions, do not hesitate to contact our'o ff ce; Thank you for your attention.to this;matter. S' e y, Leslie Kanes Weisman Chairperson 101fcdd2-ebd6-49b0-97f3-52ada54e9321 kimf@southoldtownny.gov f� AFFIDAVIT OF PUBLICATION The Suffolk Times 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, 5 The public.may ALSO have,acces5 to view,listen and:make:comment during the PUBLIC HEARING-as it i5.. happening via ZOOM WEBINAR. Details about how to tune in and make comments during the PUBLIC . HEARING are.onthe Town's website agenda forthis meeting which maybe viewed at . http://Souiholdtownny.gov%agondacent6t.. Additionally,there will be.a link to the Zoom Webinar - meeting at http://southoldtownny.goV/calendar aspx. 10:00 A.M: FREDERIC.C.SCOFIELD,IR.(GRANTOR REV.INTERVIVO.TRUST) Request fora variance from Article XXIII,.Section 280-124,and the Building Inspector's August 19;2021 Notice of Disapproval -'based on on appl!catioii for a permltto construct additions and'aiterations to a single.famalyawelliiig,at located less than the code required,minimumseco.ndaryfront yard.setback of 20 feet,-located at:2355 Village Lane,Orient,NY .SClIVI No.1000 26=1=13: : ., A.M--.-=SHEENA=ACHARYAAND ADRIAN SAPOtlNIK#7599:--Request for`:varlances from-Article XXII, — - - - Section 280=116A(1);Article XX111,Section 280424;and the Building Inspector's October 1,202 ' Amended October 14,2021 Notice of Disapproval based on an application for a permit to construct additions and alterations to an'existing single family dwelling and install gunite spa/hot tub;at 1)dwelling located, less than the code required minimum front yard setback of 40 feet;2) more than the code permitted maximum lot coverage of-20%,3)spa is located less than the code required 100 feet from the top of the bluff, located at:645 Glen Court,(Ad}.to the Long Island Sound)Cutchogue,NY. SCTKNo:1000-83=1-7.- . 10:20 A.M.-JOHN AND BETH WITTENBERG#7596=-Request for a variance from Article III,Section 280- , and the Building Inspector's September 30,2021 Notice of Disapproval based on an application for permit to construct an accessory in-ground swimming pool; at 1)located in other than the code permitted rear yard;located at:3608 Old North Road,Southold, NY.SCTM No.1000-55-2-25.S.- 10:30 000-55-2-25.5:10:30 A.M.-NEIL A.AND SANDRA ROUSSO#7597—Request for a variance from Article III,Section 280- 14; and the Building Inspector's August 12,2021 Notice of Disapproval based on an application fora permit to construct a new single family dwelling;at 1) located less than the code required minimum front yard setback of-60-feet;located at:1700 Alvah-s-Lane,Cutchcgue,—NY.-SCTM-No -1000=102=4=7:2-- -- --- - -- SOUTHOLD TOWN BD OF APPLS 2 101fcdd2-ebd6-49b0-97f3-52ada54e9321 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times 10:40 A.M.-SHANNON HOLDINGS Il,LLC#7600—Request fora 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 att 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 280-124,and the Building lnspector's.August 25,:2021 Notice of:Disapprovai 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 .J 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 permit to rebuild an existing single family dwelling destroyed by fire;1)located less than the code required minimum secondary front yard setback°of 25-feet;2)located less than the code,required minimum rear yard setback of 56.feet;located at:358 Ark Hill Road(Private Road off of East End..Road) Fishers Island,NY. SCTM No 1Q00�9 14.... 1,00 P.NI W.JONATHAN FA98/WJF FARMS, LLC#7604 _ Request for a wanance from Article.Ill,Section 2-8034,and fhe Building Inspector's-November 1;2�2�IVottce of`Disapproval based on an application --7 ---for a . . .permitto construct:an agricultural pole barn.shed;at,1)shed located less than.the�ccide required minimum, side yard setback of 10 feet;located at:`12595 Oregon Road,Cutchogue,NY SCTM N&1000'-'81-242.7'. 1:10 P.M-JEANNE J E AND JEFFERY WILKE#7605:=Request foralvariance from Article XX111,Section 280- . , 124•and the Building p Ins "ector'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:3390 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 III, Section 280713B(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#7606—Request for a Variance from Article lll,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 GrandAvenue, Mattituck, NY.SCTIVI No. 1000-107-2-16. SOUTHOLD TOWN BD OF APPLS 3 101fcdd2-ebd6-49b0-97f3-52ada54e9321 kimf@southoldtownny,,gpy, AFFIDAVIT OF PUBLICATION The Suffolk Times V 1:40 P.M.JAY P. MANDELBAUM AND LAUREN GORDON 40M (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;Where1)the proposed construction would result,in a lot coverage of 31% where the code only permits a maximum lot coverage of 20%and 2)the proposed raised patio and hot tub would be located.partially in.the side yard where the code requires accessory structures and buildings must be located in the rear yard;for property located at:920`Kimberly Lane,Southold,NY.SCTM No.1000-70- 13- 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;.located 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. Each hearing wilI-not start earlier ttah designated above. Files are:available for review on The Town's-Weblink/laserfiche-underZoning Board Appeals_(ZB'A)\Board Actions\Pending: Click Linke. http://24 38,28.22$:2040/webUnk/BroWse.aspx?dbid=0: Contact our office at(631):765-1809;or by email; kliTif@southoldtciwhny.gov Dated: ,February 17;2022 ZONING BOARD OF APPEALS, LESLIE KANES WEISMAN,CHAIRPERSON BY:Kim E. Fuentes,54375 Main Road(Office Loeation),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 certifythat 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 asesuch;is eligible to publish such notices - Signature Eliot T: Putnam Printed Name.. :. Subscribed and sworn to before me; . This 24 dayof'It bruary,2092 Notary Signatur OF NENV YORK•' NOTARY PUBLIC 3:. • ALBANY Notary Public Stamp 0••.• nIRE61%443 =W -- o .- •,, tii •..•,••. SFS SOUTHOLD TOWN BD OF APPLS 1 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ��0� $�(/�y® 53095 Main Road -P.O.Box 1179 Patricia Acampora l® Southold,NY 11971-0959 cc Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. �O 54375 Main Road(at Youngs Avenue) Nicholas Planamento �ly100 U '\, 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.gov/calendar.aspx. 1:40 P.M. -JAY P. MANDELBAUM AND LAUREN GORDON #7579—(Reopened from 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%, and 2) the proposed raised patio and hot tub would be located partially in the side yard where the code requires accessory structures and buildings must be located in the rear yard; for property located at: 920 Kimberly Lane, Southold, NY. SCTM No. 1000-70-13- 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. 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 v . O��g11FF0��-C Town Hall Annex,54375 NYS Route 25 C P.O.Box 1179 y Southold,New York 11971-0959 Z Fax(631)765-9064 nv\ ZONING BOARD OF APPEALS DATE: February 1, 2022 RE:,INSTRUC`PIONS FOR:PUBYIC HEAIZIN,G' 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. sm 1. Yellow sign to post on your property a minimum of seven(7) days prior to your hearing,to be placed not more than 10 feet from the front property line (within your property) bordering the street. If you border more than one street or roadway, an extra sign is supplied for.posting on both street frontages. Posting should be done no later than 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 adiourned 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 �fJ MAILING INSTRUCTIONS: Please send by W 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@southoldtownn.goy or elizabeth.sakarellosnu town.southold.n ��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://24.3 8.28.228:2040/weblink/O/doc/I 022250/Page l.aspx. 1"WWWANW6 31 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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Page 3_.:Colin and KrMm Cashel PROPERTY LOCATION:162 Low .SMIL ngte HFisher- '� Page 4_.192017#7016,Cashel SCTM No.1000-9.1-26 minirri05 approval to remo_ f. '! Pape 5...y 19,2017 97016.Cash'el SCfMNo.1000-9-1-26 GRANT.the variances as-. j "ch— Page 9...COIIN&KWSTEN CASt1EL SECTION 009 BLOC.. , I i Page 20...Thomas Ahtgren(Cashei),PO Box 342 Fishers Island.NY_. 1 .Iv Show .. more information._ .. d 7018, Board Actions-56 page(s) . y.` 1 Page count.56 Template name:Board'Actions _ - - Page AB_9;30A.At{OIINCASHELAtiD Variances VnderAiYtde ldSectlari ANN_" ' _ ' P2ge 48_ance(s)MUST EN CA.SHELS7016-Request proposed trellis located In other tha._ �'i .L Show more')nformatlort_. .. - . Above:Shows you files that can lie found using a phrase, name or title. Or you can search by Tax Map No. (District, Block-and;Lot) asing.the format 1000;111.-1-1. a -_s"- LaserficheWebLink Helvlp5ou[isy . -- Home .Browse Search to sngfSouthol0:">.ZorlAg 6o rd of4p6ls2BA) 002 >MmuteS%AgettdaslLegal�oucesiHearings Minutes/Agendas/Legal r+me .. P!2� nt &= Lr,, .'*� to s Notices/Hearings 'L.°a 1957-1979 1980-1999 :. � Entry.P[opertles•.:...:., :�,.:..; >y 2000-2009 Path Tmw,0(5c tI*Id\zO Ing Board •' 2m 0 of Ap,.xals : r fn 2011 .... .... . ..............__._ (70A)V.L•nureSAgendwLega: _ ... NotIcesAiearings '20i2 p _.. -.._.-.. ........ .... ._ .- - Creation date M 2013 .. _ 71102001 2;57:40 PM ?. u 2014 _._.... Last nrodlfied r t-,2015 ...._ _ ..... 77/16/201.62:15:14 PM .- Z 20,6 .. _ .._ .. 61Ptddatd m 3017, No mV data 3s5gr7 d Page 1 of 1 _ 11 Enh Drr�:nu:[emirs Fri.P«.a Df tamh�eiv.Miiif_e,!.y]JH <�,_"rc .. Above: Also, Minutes,Agendas, and Hearing Transcripts can be viewed. • t Laserfiche Instructions ZBA Files Page 5 _ ::.. ;. ' •. :,,� ____.----_-___ — aryweeGi�t t He}pJ iu:cv4.i Home drowse Searctl TamtOFSotlihotd zoning Epard of ppeals(Zt1A) �A1rti�teLAgenda511eg i No[xeslHeanng5>2017 � t s� -� } t t 2017 Page coCnt` I ..,.�....�� X. 'Y.'.t' ZEA-0110512017 Agenda a '--- ----' Path �'''1 a ZEA0110512017 Hearing* 40 . i TW.OfsoutboldlZOning aaxd i`�._...:_:.. ._...... ....... ............ ....._ ......_..._.....- _.... _.,..._. .......-... t i cfAppeal5 i I YEN-01/05(2017 W - .3 -- ;aj RaNV,"UteuABenda'sAegy ,y.;,.l •,a,zEA-01n42o17 z -- --- ----- ---- T - . 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G1ZEA,03/022017 He.ing 65 .. i[b ZBA-Tl 017W 3 ,t 2EA-03/10/2017Ageaaa 3 t . ..-.... ....� MA-0311W2017SPeUa1 ........... ... ...... -..... ... .. ._3. - t !!!t 4�"s ZBA...... 617 Agenda 4 44 zRA4V06r2O17Hew t 45 . A Ni:. 'Agendas- M1hutet and Transcripts are in chronological.order. ; Revised 6/15/2020 i4U' Tit'W. E U' F HEARIi4o' The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095, Main Road , Southold : " ie application will also be available VIA ZOOM WEBINAR= Follow linkmhttp://southoldtownny.gov/calendar NAME : MANDELEBAUM , JAY #7579 SCTM # EE 1 000-70- 13-20 . 15 ' j, ARIANCEmE LOT COVERAGE & LOCATION OF ACCESSORY STRUCTURES REQUEST : CONSTRUCT SINGLE FAMILY DWELLING , ACCESSORY RAISED PATIO WITH HOT TUB & TO AMEND C & R'S DATE : THURS . , MAR. 3 , 2022 1 :40 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 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS Appeal No. SOUTIHOLD,NEW`YORK AFFIDAVIT OF In the Matter of the Application of: MAILINGS JAY P. MANDELBAUM AND LAUREN GORDON (Name of Applicant/Owner) 920 KIMBERLY LANE, SOUTHOLD, NY SCTMNo: 1000-70.-13-20.15 (Address of Property) (Section,Block& Lot) COUNTY OF SUFFOLK. STATE OF NEW YORK 1, ( ) Owner, ( V)Agent MARTIN D. FINNEGAN, ESQ. WITH M OFFICE t 13250 MAIN ROAD, MATTITUCK New York being,duly sworn, deposes and says that: On the 11th day of FEBRUARY —,2022,1 personally mailed at the United States Post Office in MATTITUCK New York,by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy,ofthe attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current.assessment roll Verified from the official records on file with the(V)Assessors, or( ) County Real Property Office, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. (Si re). Sworn to before me this 11 h day of FEBRUARY ,2022 SCHWEITZER ANNALISE NOTARY PUBLIC-STATE OF NEW YORK NO.01 SC6409457 QUALIFIED IN SUFFOLK COUNTY (Notary Public) MY COMMISSION EXPIRES SEP 28,20 a 1� PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. All original USPS receipts and mailing confirmations to be submitted to the ZBA Office along with this form completed, signed and notarized. Postal �oTI sial Service CERTIFIED oRECEIPT o RECEIPT Er Domestic Mail,Only -a Domestic Mail Only u.) 9-12-IM 019M-11-111-FIRMER140-1-1 cc Ln For delivery information,visit our website.at vvvvw.usps.com0. co fru Certified Mail Fee $3.7c 7 r Certified Mail Feeru r [�• Eitra Services,Fees(checkbox,edd lee app ptlate) - - ,,,,�„r T"'Ri.�1,•. ❑RetumRecelpt(rardcopy) $ d<i�,"� I �_ o .,� �.. IC~• F�itt'dServlces&Fees(checkbox eddlee�- ate) .� .� ' � .•'C Return Receipt(hardcopy) $ Qi1:L,11� .,�. 4,�., I p ❑Return Receipt(electronic) $ 'F` Postmark - `''' D ❑Certified Mall Restricted nj •Delivery $ N ❑Return Receipt(electronic) $ . mark �p�l ❑Adult Signature Required $ — 'Id' ¢gyp 2U22 ,' O ❑Certified Mall Restricted Delivery $ '� Adult Signature Restricted Delivery �•�I- Adult Signature Requited $ wG ❑ !v ❑Adult Signature Restricted Delivery$ N Postage11'7V c ;C3 Postage N Total Postage and Fees --02,11112022- iN $ f�� 2 5.A-122 lti Total Postage and Fees 1_I /1�:!',_:,_`{ ru $ $7.53 Spencer L. ' N $ 7•cq sent,To Howard & Lisa Davidoff N ' 301 Coolidge Drive ra Sent To 0 3YreeiandAjir;tvo;;a�poeazN N 1015 Kimberly Lane Centerport, NY 11721 p 5'treeeandApEAfo:;ofPz City-State;Z/P+4e' f1- City,state I%P+aI------- Southold, NY 11971 :r. r TI U.S. Postal Service ■ TIo CERTIFIED O r ■ N Domestic Mail Only CERTIFIED MAILP RECEIPT Lrj I cp Domestic Mail Only Lr) For delivery information;visit Our website At vvvvvv.uspsxom0. M co For delivery information,Visit our website at, c Certified Mail Fee I Gtr I' t �Y ��1 ru $ $3.75 �� 1Ig52 \�1 � Certified Mail Fee r r M.� � d . 9•- e r Extra services&Fees(checkbox,add tee' app p! )- f 1; IT' $ { '7a E]Return Receipt(hardcopy) $ •- -• ' 'ri (� Extra Services&Fees(checkbox,add fee O ❑Retum Receipt(electronic) $ E Pb"� rk`'g"� ❑Return Receipt(hardcopy C ❑Certified Mall Restricted Delivery $ y+�e. � ❑Return Receipt(eieetronie) $ N Adult Signature Required $ � °-- —A ��e N ❑Certitied Mail Restricted Delivery $ ❑ 9 9 HCl^'�;.>'`>"..a•: J C3 ❑Adult Signature Restricted Delivery$ I I„1 I f_I �� f O []Adult Signature Required $. Postage I ❑Adult Signature Restricted Delivery$ N $ $0.78 O Postage 1�4; r- Total Postage and Fees 0e/11/21122 r-u $ x$0.98 N $ $7.58 ;[� Total Postage and Fees ser,rro - iN $ '$7.7Margaret B. Nugent N _______ Keith & Kathleen Cropper ____ r-1 sentro Stieetana r ru 2 Prescott Street 149-14 9th Avenue o siieeiandApC.nr6.;of fid ate,srat6 •------ r- Whitestone, NY 11357 _ _ Garden City, NY 11530 ciiy siare; iP+a�' r PostafService TM' ■ RECEIPT Domestic N CO NCe fled Mail Fee 91 L p^ $ $3.75 r%- Extra Sery ces&Fees(checkbox,eddfee y^ ate) 1? N.-'^ ❑Return Receipt(hardcopy) $ riU�IJ U— A O ❑Return Receipt(electronic) $ �a 1 I�i Postlad ❑Certified Mail Restricted Delivery $ Here 4 .' E3 ❑Adult Signature Required []Adult Signature Restricted Delivery$ ~ ,� Postage S�,;�,0•,w. ru $ $0.78 U5 S,a N Total Postage and Fees - -— — --- 02/11/217122- I N , v� sent o Jean Quar.ty r N 860 N. Bayview Road C sireei addApt 11ro„oF PC7 Bc N Southold, NY 11971 Ciry State Z%Pt4�- � i _....__......................................-_............._...._.._.:......................................... s ; USPS Tracking® FAQs > Track Another Package X Track Packages Get the free Informod Delivery®feature to receive Learn More Anytime,Anywhere automated notif ice cions on your packages (https://reg.usps.com/xsell? app=UspsTools&ref=ho nepageBanner&appURL=https%3A%2F%2Finformeddelivery.usps.com/box/pagesAntro/start.action) Enter up to 35 tracking numbers separated by commas or enter a barcode number Please enter a tracking number. Track v Tracking Number: 70212720000079218576 Remove X Your item was picked up at the post office at 9:48 am on February 22,2022 in SOUTHOLD, NY 11971. USPS Tracking Plus°Available v C✓ Delivered, Individual Picked Up at Post Office T1 February 22,2022 at 9:48 am m SOUTHOLD,NY 11971 v m n 77 Get Updates v Text&Email Updates u Tracking History u USPS Tracking Plus@ u Product Information u See Less Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. FAQs USPS Tracking® ( FAQs > �v 1 Track Another Package + Track Packages Get the free Informod Delivery®feature to receive Learn More Anytime,Anywhere automated notificEcions on your packages (https:Hreg.usps.com/xsell? app=UspsTools&ref=ho nepageUanner&appURL=https%3A%2F%2Flnformeddelivery.usps.com/hox/pageslntro/start.action) Tracking Number:70212720000079218545 Remove X Your item was delivered to an individual at the address at 1:46 pm on February 14,2022 in SOUTHOLD, NY 11971. USPS Tracking Plus°Available \/ G Delivered, Left with Individual February 14,2022 at 1:46 pm SOUTHOLD,NY 11971 Get Updates m ro CD a m Text&Email Updates u Tracking History u USPS Tracking Plus@ u Product Information See Less Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. FAQs M TOWN OF SOUTHOLD ZONING BOARD OF APPEALS ��rvkn. SOUTHOLD, NEW YORK -~ t AFFIDAVIT OF In the Matter of the Application of: POSTING JAY P. MANDELBAUM AND LAUREN GORDON (Name of Applicants) COUNTY OF SUFFOLK STATE OF NEW YORK WITH M OFFICE I, MARTIN D. FINNEGAN ESQ. YP-'4dktCJ at 13250 MAIN ROAD MATTITUCK ,New York, being duly sworn,depose and say that: I am the ( ) Owner or(,/)Agent for owner,of the subject property On the +1� day of FEBRUARY , 2022, I personally placed the Town's Official Poster on subject property Located at: 920 KIMBERLY LANE SOUTHOLD, NY 11971 The poster shall be prominently displayed on the premises facing each public or private street which the property involved in the application or petition abuts, giving notice of the application or petition, the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall beset back not more than 10 feet from the property line. The sign shall be displayed for a period of not less than seven days immediately preceding the date of the public hearing of MARCH 3, 2022 (Owner/Agent Sign t e) th Sworn to before me this Day of FEBRUARY , 2022 4luitr-- (Notary Public) SCHWEITZER AN MISE NOTARY PUBLIC'STATE OF NEW YORK NO.OISC6409457 QUALIFIED IN SUFFOLK COUNTY MY COMMISSION EXPIRES SEP 28,20 a MAILING LIST ZONING BOARD OF APPEALS VARIANCE APPLICATION PUBLIC HEARING JAY P. MANDELBAUM AND LAURDEN GORDON #7579 920 KIMBERLY LANE,SOUTHOLD -SCTM 1000-070.00-13.00-020.015 70.-13-20.16 - OWNED BY APPLICANT (� 70.-13-20.5 - OWNED BY APPLICANT 70.-13-12.1 - 980 N. BAYVIEW ROAD Margaret B. Nugent 2 Prescott Street Garden City, NY 11530 70.-13-13 - 860 N. BAYVIEW ROAD Jean Quarty 860 N. Bayview Road Southold, NY 11971 70.-13-14 - 800 N. BAYVIEW ROAD Keith & Kathleen Cropper 149-14 9th Avenue Whitestone, NY 11357 70.-13-20.14 - 1080 KIMBERLY LANE Spencer L. Thomas 301 Coolidge Drive Centerport, NY 11721 70.-13-20.6 - 1015 KIMBERLY LANE Howard 8s Lisa Davidoff 1015 Kimberly Lane Southold, NY 11971 �� •+Hl I . SECTION ON DELIVERY A. Signature gent i ■ Complete items 1.-2,4nd`3: E3Addressee ■ Print your name and O,Rbss on the reverse X nnted Name) G. D to of Delivery so that we can retur6 its 'card to you. g. R eived by(P t Attach this card to thetftack of the malpiece, p Is delivery address different from item 1? E3 Yes ermits. or on the front if spa �'� 1. Article Addressed to: !f YES,enter delivery address below: [3 No I :Spencer L. Thoinas r � .1 Coolietge Drive 1 Center ort, NY 11721 1 . ..........................< ❑Priority Ma 3. Service Type 0 Registered Mail il pm+ss ❑Adult Signature p}tdult Signature Restricted Delivery Re.istered Mail Restricted II�IIII'I till 1111111 ItIII�'I'�II I II Ill'I'lllll 0 certified MOO Certified Mail Restricted Delivery p signature Conf riationmm 9590 9402 7259-1284 3355 99 0 Collect an Delivery Restricted Delivery Restricted Delivery _ O_Collect on Delivery 2. Article Numb ed Mail er(fransferfcom?921 9 21De8 5 6 l Insured Mail Restricted Delivery �7p21 2720 � (over$500) ---- -'— pomestc Return Receipt t',PS Form 3811,.11uly 2020`P�SN�53L�02 j00-9053T _-_-- -_ _----------- a 1 0 0 MAILING LIST ZONING BOARD OF APPEALS VARIANCE APPLICATION PUBLIC HEARING JAY P. MANDELBALIM AND LALIRDEN GORDON #7579 920 KIMBERLY LANE,SOUTHOLD -SCTM 1000-070.00-13.00-020.015 70.-13-20.16 - OWNED BY APPLICANT -1) 70.-13-20.5 - OWNED BY APPLICANT 70.-13-12.1 - 980 N. BAYVIEW ROAD Margaret B. Nugent 2 Prescott Street Garden City, NY 11530 70.-13-13 - 860 N. BAYVIEW ROAD Jean Quarty 860 N. Bayview Road Southold, NY 11971 70.-13-14 - 800 N. BAYVIEW ROAD Keith 8s Kathleen Cropper 149-14 9th Avenue Whitestone, NY 11357 70.-13-20.14 - 1080 KIMBERLY LANE Spencer L. Thomas 301 Coolidge Drive Centerport, NY 11721 70.-13-20.6 - 1015 KIMBERLY LANE Howard & Lisa Davidoff 1015 Kimberly Lane Southold, NY 11971 t' SENDE(,,_�PLETE THIS SECTION 7A. g.n • • 1■ Complete items 1,2,and 3. ture- ❑Agent ■ Print your name and address on the reverse ` O AB ressee so that we can return the card to you.R Attach this card to the back of the mailpiece, ived y(Printed N e) C. Date Vf De l ry or on the front if space permits. 1+� 1, Article Addressed to: D. Is delivery address different.from Item 1? ❑Yes —---- --- If YES;enter delivery address below: ❑No Jean Quflrty 366 N. Bayview Road Southold, NY 11971 .....I.l...I..I..I_.I.II._I._I_'.....l..l._I..I.__I._l._l...l._I..I..I......I...l.i..i..._I....I..I.._.l...I..I..... 1..1...1.1__......._ El Priorty MaiExpress(R) 3. Service Type ❑Adult Signature ❑Registered MaiTM ❑Cdult Signature RestnctedDeliv Delivery ❑Registered MaiRest rictedIIIIIII III ertifed "J Mail(D Delivery 9590 9402 7259 1284 3356 12 ❑Certified Mail Restricted Delivery ❑Signature ConfirmationTM ❑Collect on Delivery ❑Signature Confirmation 2. Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery Restricted Delivery - - n-Insured Mail 7021 2720 0000 7921 8545 isured Mail Restricted Delivery wer$500) 08 Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt ; COMPLETE . ■ Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverse X ❑Agent so that we can return the card to you. 13 Addressee ■ Attach this card to the back of the mailpiece, B. Rece ve by Pri ted Name) C. bate of Delivery or on the front if space permits: (__/ 1, Article Addressed to: _ _ D. Is delivery address rent from item 1? Yes f 1 If YES,enter delivery a dress,below: [j No Margaret B. Nugent Vis. �2 pre- -Ott Street r , !Garden City, NY 11530 �� 4 ........._......................_......_............................,, 3. Service Type ❑Priority Mail F�cpress@ IIIlillll Illi 111111111111111111111111111111111 E]Adult Signature ❑Registered MaiITM EJAdult Signature Restricted Delivery ❑Registered Mail Restricted Q(Certifled Mail@ Delivery 9590 9402 7259 1284 3356 29 ❑Certified Mail Restricted Delivery ❑Signature ConfirmationTM ❑Collect on Delivery ❑Signature Confirmation 2. Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery Restricted Delivery _ rl Insured Mail s 7,02 1, 2;7 Ds 0�,�,37 9 21 A-5;38 ;t its (over$500ji1 Restricted Delivery PS Form 381 1,.July 2020 PSN 7530-02-000-9053 Domestic Return Receipt COMPLETE .N COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverse X / ❑Agent so that we can return the card to you. :; ❑Addressee ■ Attach this card to the back of the mailpiece, B. Received bye(Printed Name) C. Date of Delivery or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes ! If YES,enter delivery address below: ❑No i heith &, Kathleen- Cropper 149-14 9th Avenue Whitestone, NY 11357 II I IIIIII IIII 3. Service Type 11 Priority Mail l xpress@ ❑ ❑Adult Signature Registered MaiITM dult Signature Restricted Delivery ❑Registered Mail Restricted Ill I II I II Illi I 111111111111 IN Ill 9590 9402 7259 1284 3356 05 Certified Mail@ Degl very a ❑Cert ified Mail Restricted Delivery ❑Sinature Confirmation'M ❑Collect on Delivery ❑Signature Confirmation 2. Article Number(Transfer from Service label) - ❑Collect on Delivery Restricted Delivery Restricted Delivery '1 Insured Mail 7021 2720 0000 7921 8552 Insured Mail Restricted Delivery (over$500) PS Form 38,11,-July 2020,P.SN 7530-02-000-9053 Domestic Return Receipt i r AS-� - i NOTICE OF HEARING ` Th* fo11"I ftp appN�atlat. wUl ka hea►rl b Sosfd of A r ro• U"Illeid Town 770 ►pear at Town Nall," Main Road, SawtAcld.. Y Tho agplkat�ow will alio be ayaRabla VIA ZOOM IMVOINAR falaw liw�-t+ftpi'savthoMfarreary.Qav:calanda r� NAME: MANDELBAUM JAY 7579 — ,a,v- `�`•' - SCTM X: 1000-70-13-20.15 db VARIANCE; LOT COVERAGE & LOCATION OF AI"!5011 ACCESSORY STRUCTURES 1— I REQUEST: CONSTRUCT SINGLE FAMILY L 'w DWELLING, � � ACCESSORY RAISED PATIO WITH HOT TUD & TO ARArND C&R-3 r DATE- THURS. MAR. 3, 2022 1:40 PM r~i,�-r I== -Ow Teti��W-ft.Te. - 'SA'-mil Twfac„:s .1f•1� liA1.w-- .t a S X4 moi. fli wil- BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson qty®F SO(/j53095 Main Road• P.O. Box 1179 hO 1p Dantes Southold,NY 11971-0959 Patricia ra Office Location: Eric antesCA Town Annex/First Floor, Robert Lehnert,Jr. aQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento l �4UNT`I ySouthold,NY 11971,�� http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD September 16, 2021 Tel.(631) 765-1809 •Fax(631)765-9064 Ms. Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Ms. Lansdale: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File : # 7579 MANDELBAUM, JAY Action Requested : Construct a single family dwelling and an accessory raised patio with hot tub. Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town Within one (1) mile (5,280 feet) of: ( ) Boundary of any airport If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA C airperson By: Encls. Site Plan/Survey: Michael S. Gilmore Architect Dated : 7/27/21 Revision & ZBA \'LA BOARD MEMBERS ®f S0 Southold Town Hall Leslie Kanes Weisman,Chairperson ®�� ®�® 53095 Main Road-P.O.Box 1179 Patricia Acampora Southold,NY 11971-0959 - Office Location: Eric Dantes c� Town Annex/First Floor, Robert Lehnert,Jr. ® y 54375 Main Road (at Youngs Avenue) Nicholas Planamento c®UNTV,� ' Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809-Fax(631)765-9064 April 12, 2022 Martin Finnegan Finnegan Law P.C. P.O. Box 1452 Mattituck,New York 11952 Re: ZBA—Application#7579, Mandelbaum 920 Kimberly Lane, Southold, NY SCTM No. 1000-70-13-20.15 Dear Mr. Finnegan; Enclosed is a copy of the Zoning Board's April 7, 2022 Findings, Deliberations and Determination, the originals of which was filed with the Town Clerk regarding the above variance application. Thank you. Sincerely, 1--K— Kim E. Fuentes Board Assistant Encl. cc: Building Department 163———_LINE N 3zs.4tu / S 3 f EST HILL RD. , ISD, diel ba rn� �GCek 22 23 24 25 w a 8$ � A `la-/3 - ��. /�' ' .� �of SOUTHOLD / W w W w \ 21 07 '2.334A(c) F • � �J 1g -7jb, � Jr -'a a 40-- l �,PJs.'c4P .�. 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