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Ld P -� g - �but ec a go -R qfo 3.,Over, MO) Ayq i i Owner: KEKJS Headquarters LLC File #: 7718 Address: 28495 Route 25 L � Code: 13ED Agent Info Patricia C. Moore 51020 Main Rd Southold , NY 1197 Phone: 631-765-4330 z Fax: Email: pcmoore@mooreattys.com sit �(� �� OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex ��OF ®U��® P.O. Box 1179 54375 State Road Route 25 �® cam® Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY c� Telephone: 631 765-1509 http://southoldtow=y.gov Cou T1 ZONING BOARD OF APPEALS RECEIVE Town of Southold FINDINGS, DELIBERATIONS AND DETERMINATION JAN 2 3 2023 MEETING OF JANUARY 19,2023 ZBA FILE: 7718 Southold Town Clerk NAME OF APPLICANT: KEKJS Headquarters LLC PROPERTY LOCATION: 28495 Main Road, Cutchogue,NY SCTM# 1000-102-5-19 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 October 11,2022 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 15,419 square foot parcel located in a Hamlet Business(HB)Zoning District. The parcel runs 80.21 feet along the southerly property line fronting NYS Route 25, Main Road, 206.16 feet along the westerly property line fronting North Street, 78 feet on the North side, and 188.58 feet on the East side. The parcel is improved with a two-story frame residence, a frame shed, and a frame garage with rooms above. All is shown on a survey by Stanley J. Isaksen L.L.S., dated April 18, 2006. BASIS OF APPLICATION: Request for a Variance from Article XXIII, Section 280-123 and the Building Inspector's August 18,2022 Notice of Disapproval based on an application for a permit to construct a deck addition and an apartment on the second floors of a pre-existing accessory garage with a room above, at; 1) a non-conforming building containing a non-conforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a conforming use; at: 28495 Main Road, Cutchogue,NY, SCTM No. 1000-102-5-19. RELIEF REQUESTED: The applicant requests a variance to construct an apartment on the second floor of an as built accessory building/garage and to build a non-permitted deck and stairs addition. The proposed apartment, deck and stairs requires relief from Section 280-123 to expand and alter a non-conforming building, which exists with 1.8 feet side yard setback and 5.5 front yard setback, as well as having a non- conforming front yard location in the secondary front yard along North Street on this corner lot. ADDITIONAL INFORMATION: The parcel has the benefit of Pre-existing Certificate of Occupancy No. Z-31629 for a one family dwelling and beauty parlor with an accessory garage and an accessory shed, and on November 18,2015,a Certificate of Occupancy#37907 was issued to the current owner for a Conversion of an existing beauty parlor to an architect's office and an apartment above. i i i Page 2,January 19, 2023 #7718, KEKJS SCTM No. 1000-102-5-19 j i This application was submitted with a Special Exception Application requesting the construction of an apartment in an accessory building pursuant to Section 280-45B(11) "Conversion of an existing building to Apartments as set forth in and regulated by Section 280-38B(6) of the Residential Office District."The Town Code allows for the conversion of up to six apartments in an existing building in this Zoning District. The applicant proposes to construct an apartment with second floor deck addition on the second floor of a pre-existing non-:conforming two-story garage. An apartment already exists in the two-story principal building where the applicant's office is also located. AMENDED APPLICATION: During the hearing, the applicant was asked to bring the plan into more conformity with the code. On the revised plan,dated January 6,2023,the applicant redesigned the proposed 2-car parking area along North Street and relocated the proposed half-bathroom in the accessory garage requested by the Board. FINDINGS OF FACT/REASONS FOR BOARD_ACTION: The Zoning Board of Appeals held a public hearing on this application on January 5,2023, at which time written and oral evidence were presented. Based upon all testimony, documentation,personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(U Grant of the variance for expansion and alteration of a non-conforming building with a non-conforming use will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The existing garage is a pre-existing non-conforming structure that was built prior to zoning. The proposed deck addition is setback at a greater front yard setback than the existing accessory garage and proposed apartment. The proposed side yard setback for the deck is greater than the existing side yard setback of the accessory garage. The proposed deck addition will have limited visibility from the side street(North Street)and will not be visible from Main Road. 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 building is existing and the change in use for the second floor from storage to and apartment will not change the buildings pre-existing non- conforming front yard location or non-conforming front and side yard setbacks.The proposed deck addition is attached to an existing pre-existing non-conforming accessory garage. Any deck addition to this accessory structure will require the benefit of an area variance. 3. Town Law 4267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 99%relief from the code for the proposed side yard setback. The variance granted for the front yard location is mathematically substantial representing 100% relief from the code. The additions and alterations to a non-confirming building with a non-conforming use is mathematically substantial representing 100%relief from the code. However,the building is pre-existing non-conforming and the front yard location and front and side yard setbacks will not change.Additionally,the zoning code permits the conversion and expansion of existing structures for the creation of affordable rental apartments in the 'HB Zone where the subject property is situated. 4. Town Law 4267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. y i Page 3,January 19,2023 #7718, KEKJS SCTM No. 1000-102-5-19 I 5. Town Law X267-W)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6.Town Law X267-b. Grant of relief as amended is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a permitted second Apartment with deck addition on the property while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Dantes, seconded by Member Planamento, and duly carried,to GRANT the variance as applied for, and shown on the Architectural plans submitted to the Zoning Board of Appeals by Mark Schwartz Architect,(labeled S-1, S-2, A-1 thru A-7). SUBJECT TO THE FOLLOWING CONDITION: 1. The applicant shall obtain Special Exception approval for ZBA File No.:7719SE 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 conditionsi may render this decision null and void That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. IMPORTANT LIMITS ON THE APPROVAL(S) GRANTED HEREIN Please Read Carefully Any deviation from the survey,site plan and/or architectural drawings cited in;this decision, or work exceeding the scope of the relief granted herein, will result in delays and/or a possible denial by the Building Department of a building permit and/or the issuance of a Stop Work Order, and may require a new application and public hearing before the Zoning Board of Appeals. I Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan UIWl/LJLfVey cited aUVYG, such as i extensions, demolitions, or demoltons exceeding the scope of the relief granted herein, 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. i f TIME LIMITS ON THIS APPROVAL: Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/ora subdivision map Page 4,January 19,2023 #7718, KEKJS SCTM No. 1000-102-5-19 has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one (1)year terms. IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN. Failure to comply in a timely manner may result in the denial by the Building Department of a Certificate of Occupancy, nullify the approved variance relief, and require a new variance application with public hearing before the Board of Appeals Vote of the Board: Ayes: Members Weisman(Chairperson), Acampora, Dantes, Lehnert,'and Planamento(5-0). Le 'e Kanes Weisman Chairperson Approved'for filing / 6/2023 i I i i I i SITE DATA: SCTM # 1000-102-05-19 DESCRIPTION: TOTAL: LOT COVERAGE: EXCAVATE: FILL: PROPERTY: 15422.2 SQ,FT, 0.354 ACRES cn JAN 11 2023 EXISTING MAIN BUILDING: 1068.7 SQ.FT. 6.9% [y EXISTING EXISTING EAST PORCH: 132.6 SQ.FT. 0.9% ZONING BOARD OFAPPSALSt�7 EXISTING WEST PORCH: 92.3 SQ.FT. 0.6% EXISTING SHED: 250.1 SQ.FT. 1.6% - - � � EXISTING GARAGE: 585.6 SQ.FT. 3.8% 0W 0 TOTAL: 2129.3 SQ.FT. 13.8% Q N/F ORLOWSKI IQ�; HBZONE ' - - ----- ------ --- - - S 40017'40" E 3EPfIC SYSTEM EL 30' 188.58' EL M Fj (IXISTING) y V Q rlumms 32.4' 6.B' DO U u 0" ` 2 U o � � IY DIA _ EXISTING2 STY. LPOLE 1y N/F PENNEY — BUILDING _.� HSL55 r HB ZONE W F_12'IXISTING 7 STY. x - -"'- 0WELL `•' SHED w - o 30.5' 7.5 O EXISTING 2 STY. z.s' �- ATE (EXImNcj���� ETE �� 5 GARAGE MAP o rn I -EXISTING Q O 0. 4'WIDE WALKS F K _ EXISTING PARKING I VEVI/ED BY Zg . � b • ` EL 31Y 206.16' _a N °13'06" W 3, SFE flEI� ' N 12"DIA. EN SLING PARKING EXIS11W, G UTIL POLE AEXISTING PASTING PARKING � • p TEp X2 UTIL POLL, NI I w$ E R � o V NORTH STREET Q o EXISTING PARKING ©©© PRD1F(T NDRTH ^ r\ VI ACNIAI N(]RTH �! V4 �+ f ' CASE HBZONE SUFFOLK COUNTYWATER EXISTING SITE PLANfi. SCALE: 1" = 30'-0" DRAWN:MH NIS SCALE: DB N: 1/6/2023 SEMETNUMBER, S-1 SITE DATA: SCTM # 1000-102-05-19 DESCRIPTION: TOTAL: LOT COVERAGE: EXCAVATE: FILL: PROPERTY: 15422.2 SQ.FT. 0.362 ACRES ESTIMATED AREA OF 7500 SQ,FT. 7-+ GROUND DISTURBANCE: O EXISTING MAIN BUILDING: 1068.7 SQ.FT. 6.9 EXISTING EXISTING EAST PORCH: 132.6 SQ.FT. - 0.9% EXISTING WEST PORCH: 92.3 SQ.FT. 0.6% cn z � EXISTING SHED: 250.1 SQ.FT. 1.6% - - 0 EXISTING GARAGE: 585.6 SQ.FT. 3.8% - - Q 0 N/F ORLOWSKI , HB ZONE SUFFOLK COUNTY WATER PROPOSED 2ND.FL DECK: 192.0 SQ.FT. 1.2% 10 CU.YD. 5 CU.YD. S 20 -11714011 ' 1 11 EXISTING -S 40 1 4O E ELsEPncszrEFA CQ PROPOSED SEPTIC TO REMOVE: 25 CU YD SO CU.YD. -- ----- 30' loQOO.COI � O 1�-SILrFENCE-I•- ----•-•-•-•-•-----•-----'s1iTFE�----•---•-•-•-•---•- o-•-• PROPOSED NEW SEPTIC: - - SO CU YD. 25 CU.YD. 0 SILT FE E i c6i � � � , � �, PROPOSED DRYWELL: 8'dia,4'deep - 5 CU.YD. 3 CU.YD.TOP Q W I - �ITESF HOLE I LOCATIOIN I 1 CONCRIIE NEW DRYWELL I ---- (EX Ism G) 1 \ WAsHolrr FORjIOOF EXISTING: 2129.3 SQ.FT. 13.8% O 6.8' _ _ Oy.y i PRO POSED1,-� m1 9' PROPOSED TOTAL: 2321.3 SQ.FT. 15.0% 90 CU.YD. 83 CU.YD. y -/�L 0ou� \ / I 2ND.FLOOR ` vw.wr IN �...�-.Q WIRING 1 I I 00 I--, 90' DECK ST `�� a� _ 0 H _ 150' P Iy DEA.IPO ' TOUCH OF VENICE U EXISTING 2STY. - LP - :i IL POLE RESTURANT BUILDING / , 1 95155 H820NE W I N_ B.I. PROPOSED J 6.2 IQ FFOLK COUNTY WATER 4'WIDE STAI0. SILT FENCE _ >>_ ZONE 4 N/F PENNEY Q o o= '.' Et�H 5 7 FENCE• -•J �` HB ZONE ,^ EXISTIHGDI STY. F'+ w - - WELL 15 600 GALLONS PER DAY/ACRE ALLOWED EXISTING 2 30.5' GARAGE 1 2o.v ATE PROPOSEDADDTO S (EXISTING) (n 32 ACRES = 216 GPD O 6ALTERATIONS I . o d. 1 N ED uR EXISTING 216 X 2 = 432 GPD ^� a 4'WIDE WAIKT 1 •� 0�n r� `Y' ' ' l EXISTING PARKING ROOFAREA6905F Z m - I ✓ I EXISTINGIN IOFFICELDING IST FLOOR = 50 34 GPD 6 q R N N N 100%RUNOFF-Y RAIN/ISR:115.2 CF ^ IN, '^ INSTALL e'dls,4'deep DRYWELL EL 30' /061 (169 CF CAP., 2 O 1 11 EL \ ------- - ------ ---a N 1306 W 3,' x 12"DIA. CONSTRUCTION - ---- --- i .e EXISTING PARKING- EXISTING PARKING MAIN BUILDING 2ND. FLOOR = 225.00 GPD UTIL POLE PROPOSF2D ENTRANCE 12"alA. EXISTING PARKING .d. rREwsWITILI UTIL POLE` z o N #2 BRACKETS j EXISTING 2 BR APT. (742 SF) A a �• EXISTING TWO STORY GARAGE WITH = 150.00 GPD w NORTH STREET `\�o�FR °I PROPOSED 2ND- FLOOR 2BR APT. ';F� ' (LESS THAN 600 SF) W uu TOTAL FLOW FOR PROPOSED SITE 425.34 GPD EA 425.34 IS LESS THAN ALLOWABLE 432 GPD EXISTING PARKING _ c PRn1Frt NORTH / i p•n_v+1-li JZGi CASE HBZONE ACIIIAI NDRTH �_' 1•V 11` � r„ F INAL SAP SUFFOLKCOUNTYWATER '/EY /rOi PROPOSED SITE PLAN Fww �® �� ZMAL ° SCALE: V = 30'-0" CISION # 77-]� DRAWN: �'/"S _ /l� OTS k: 1/62023 -` SHEET NUId6f1L' p S-2 cn OP OF ROOF EXISTING ASPHALT Q�I, ROOF SHINGLES TO REMAIN l 1--1 I mm ® mm C) I--I1-40 w H N N SAI--I E-1 REMOVE EXISTING SHINGLES V [ AND REPLACE w/HARDI PLANK PAINTED WHITE(TYPICAL) E E E E1 -7 EEE EEE® EEE® ®®®® EEEE EEEE 1.41 EEEE �, z PROPOSED NORTH ELEVATION PROPOSED WEST ELEVATION SCALE. 1/8" - 1 -0 ° SCALE: 1/8" = 1'-0" N F U ElNAL MAP REVIEWED BY ZS A --------------- - - SEE DECISION # -TWK ATEDCJ of w ;AL IF FT �s Amm ❑© moo FM � , ED FQ EE®® EEE® F EEE® EEE® ; EXISTING WEST ELEVATION EXISTING NORTH ELEVATION SCALE: 1/8" = 1'-0" DRAWN:MH/MS SCALE: 1/8" = 1'-0" JOOBB 4: 1/62023 SHEET NUMBER A-1 -om—� BTING MPHAL O W ROOF SHINGLES TO REMAIN �y ® d H N N I� F— Q 0. E%ISTING SHINGLES AND REPLACEI PLAN PAINTED WHITE OWIGLJ PROPOSED SOUTH ELEVATION PROPOSED EAST ELEVATIONW SCALE: 1/8" 1'-0"= SCALE: 1/8" = 1'-0" D -j.J��• N hyyUU' 'r4co -------------------- -------------------- m Z H V � DO A �w3 a m m FINAL MAP W N � d IVIEE� BY ZEA d SEE fDECISION # `7 ) N CAT FD EXISTING EAST ELEVATION EXISTING SOUTH ELEVATION SCALE: 1/8" = 1'-0" SCALE: 1/8" = 1'-0" DRAWN:MH/MS SCALE: SOB#- 1/6/2023 SHEETNLIMBER: A-2 O � 24'-0" , Q � EXISTING STAIR O Frl H o AH p Ute.. MILL I FJ lA16.00 I (EXISTING) N GA AGE w ..................... ------------------------ W u z �o Doo U Ll cq F. U 24'-0" 24'-0" D EXISTING 1 ST. FLOOR PLAN o SCALE: 1/8" - 1'- 0" v �-------------------- ------- FXSAWGiTAGi — 0 o x� x As N FINAL NEAP REVIEWED BY ZOA o UNCONDITIONED RECREATION o 3 CATHEDRAL CEILING I " SEE DIECISION # -i7 l 5' DAT _7_1 % L9 / 3 W ` 24._0.. EXISTING- 2ND FLOOR PLAN DRAWN:MET IVIS SCALE: SCALE: 1/8" = 1'-0-1 � )DB': pr SNEETNIlNBER: O � 15'-6" r - - - - - - - - - - - - V] 1 1 1 1 1 1 1 1 1 ' I I I 1 I 1 1 ,1,• O N 4W S11T n I I I 1 1 DN 150.18 _ PROPOSED DECK ®67 192.0 SF O 1 I I I I 1 1 I I I 4'_8. SIM DH RE-USE EXIST. Up FGRE WINDOW Q n 101 O O OSE 'L L.•J Y 11 LIJ J 77 z ----- ------ q �----... ....-'---------- � F o HALF BATH DEMO STAIR I B•D OOM No.1 I 1 vl Q 94.6 SF D DW ® 0. 1 I 01 Frl ®® , • DO U ® N�D i U PROPOSE o '-------- KITCHEM N r , GARAGE/WORKSHOP �_k • 4Gm i � ° FINAL MAPBE OOM o 2 IV 1 94REVIEWED EY Z� ® SEE #SI DAT: 1 24'-0.. 0. W PROPOSED 2ND FLOOR PLAN PROPOSED 1 ST. FLOOR PLAN SCALE: 1/8 = l'-O" SCALE: 1/8" = 1'-0" I✓r-"Y a N--�-S PROJECT NORTH PROJECT NORTH S DRAWN:MH%MS `® SCALL Y 1 ® JOB M: 44. 1/62023 SHEET NUMBER COO S H I 1 coo to OWH� , I ~ ■ I PIER(EXPOSED)FOUNDATION I A I I I , I I AU EXISTING SHED FOUNDATION °W SCALE: 1/8" = 1 I.0„ d uS SHED &GARAGE MAIN BUILDING FROM SOUTH N A U / " s m AZ � UNFINISHED STORAGE � � UNFINISHED STORAGE �� " � S � t W rrrOL r - I o All EXISTING SHED FLOOR PLA N SCALE: 1/8" = V-011 En GARAGE FROM SOUTH SHED SHED &MAIN BUILDING FROM NORTH FINAL MAP SITE PHOTOS REVIEWF ,) 6Y ` ' •° � jug I)RAWV:MH�MS EE DECI� #�ot, '7�I e SALE JOB w r `/''y'J� tt: 11--���� � SIIk:EINl1MBtk. A-5 O � d � z oW � o UNFINISHED BASEMENT C 00 I N[Ui UNFINISHED BASEMENT I PIE13 0 v I UP m I �a I L - - - - - - - - - - - FINAL MLBY ��- �. - - - - - - - - - - - - - - - - - - - REVIEWED � �W 3 SEE DECI [�DATE_ 41 a EXISTING MAIN BUILDING FOUNDATION E SCALE: 1/8" = 1'-0" "�• � BMWN:MH/MS ` SCALE IOB 4: t 116/2023 SHEETNUMBER: .� �� A-6 QQ -------------------- ------------------ EX.BATH GO cn O EX.BATH EXISTING BEDROOM 9 EXISTING OFFICE EXISTING OFFICE c ----20 EX.KITCHENDN., EXISTING BEDROOM ................... 00 U k------2 EXISTING OFFICE n! EX.LIVING ROOM UP EX.COVERED PORCH OX d g o l . EXISTING MAIN BUILDING 2ND. FLOOR BRICK SIDEWALK EXCOVERED PORCH SCALE: 1/8" = l'-O" u 0 EXISTING MAIN BUILDING 1ST FLOOR. SCALE: 1/8" V-01' FINAL MAP REVIEWED BY d2f.BA SEE DECISION # 'TNR DRAWN:Tffl MS SCALE, DATED 10134: 19 116/2023 SHELTNUUBM 41 A-7 _j I ' N/F PENNEY N 00 STONE o N 49-46$0"E 78.00'Vcg MON 4.9' —W000 FENCE � FRAME FENCE Dowty N GARAGE A THIS AREA W/ ROOMS) N O � ABOVE Z Z v 5.0' 24.2' p p �, og rri � Ig Iz S22' RCEIV���z 19.8 I m A� 2 2 2022 O Zp nln9 Boarq o ql��, y L w TWO STORY CONCRETE in RESIDENCE N A 22.3' 3.1' COVERED in PORCH 2.3' 0 COVERED m PORCy N 00 w 4P 00 Do 3��05�5 S �0�D SURVEY'OF DESCRIBED" PROPERTY SITUATE CUTCHOGUE, TOWN OF SOUTHOLD SUFFOLK iCOUNTY, N.Y. SURVEYED FOR: MARK K. SCHWARTZ LAUREN J. PRAUS SURVEYED: 18 APRIL 2006 TM# 1000-102-05-019 GUARANTEED TO: SCALE 1"= 30' MARK K. SCHWARTZ LAUREN J. PRAUS AREA = 15,419 S.F. KEKJS HEADQUARTERS, LLC OR FIDELITY NATIONAL TITLE INS. CO. 0.354 ACRES GUARANTEES INDICATED HERE ON SHALL RUN SURVEYED BY ONLY PREPAREDPERSON, ANDON HIS BEHALF TO OM THE THE SY STANLEY J. ISAKSEN, JR. 1717LE COMPANY GOVERNMENTAL AGENCY LENDING INSTITUTION, lF LISTED HEREON, AND P.O. BOX 294 TO THE ASSIGNEES OF THE LENDING INST7TU770N. NEW SUFFOLK. N.Y. 1 19 5 6 GUARANTEES ARE NOT TRANSFERABLE TO ADD/770NAL INSTITUTIONS OR SUBSEQUENT OWNERS. 631-734-5835 UNAUTHORIZED ALTERATION OR ADD1770N 70 THIS SURVEY IS A WOLA770N OF SEC770N 7209 OF THE NEW YORK STATE EDUCA770N LAW. ------------------- COPIES OF THIS SURVEY MAP NOT BEARING LICENSED LAND SURVEYOR THE LAND SURVEYORS EMBOSSED SEAL SHALL NYS Lic. No. 49273 06R 1494 NOT BE CONSIDERED TO BE A VALID 7RUE COPY. 1. 13 DEC O6 CORRECT BRG ALONG MAIN ROAD. V LAI" COUNTY OF SUFFO RECLiV�-n O22, CT 1120 221 oZ3oard ;Appeals ilk✓ OFFICE OF THE COUNTY EXECUTIVE Steven Bellone SUFFOLK COUNTY EXECUTIVE Sarah Lansdale Department of Commissioner Economic Development and Planning August 31,2022 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 Amos Meringer #7716 �J KEKJS Headquarters,LLC Very truly yours,. By Christine DeSalvo Theodore R. Klein,Principal Planner. TRK/cd Division of Planning&Environment H.LEE DENNISON BLDG® 100 VETERANS MEMORIAL MY,IM FI s P.O.BOX 6100 in HAUPPAUGE,NY,11788-0099 a(631)853-0191 . i i FORM NO. 3 RECEIVED TOWN OF SOUTHOLD AUG 2 2 2022 BUILDING DEPARTMENT q---h 2 SOUTHOLD,N.Y. eals honing Board of App NOTICE OF DISAPPROVAL DATE: May 27,2022 RENEWED: August 18,2022 TO: Mark Schwartz(KEKJS Headquarters LLC) 28495 Main Road Cutchogue,NY 11935 Please take notice that your application dated April 15, 2022: For permit to: construct a deck addition and an accessoa apartment on the second floors of a pre- existing accessory garage with a room above at: Location of property: 28495 Main Road, Cutchogue,NY County Tax Map No. 1000- Section 102 Block 5 Lot 19 Is returned herewith and disapproved on the following grounds: The proposed accessory apartment in the accessory garage, on this 15,422.2 sq. ft. parcel in the HB District is not permitted pursuant to A icle X Section 280-45130) refer to 280-131303), which states not more than one accessory a artment shall be permitted on the same lot and they owner of the premises shall occupy either the existing single-family dwelling unit or the accessory apartment in the detached accessory structure as the owner's principal residence. Additionally,the proposed deck addition to the accessou garage with a room above is not <` permitted pursuant to Article XXIII, Section 280-123-which states; "A non-conforming building .J,s� ontaining a non-conforming use shall not be enlarge0reconstructed, or structurally altered or ~!moved, except as set forth below: unless use of such building is changed to a conforming us." Authorized Signatu e Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file,Z.B.A. Fee:$ Filed By: Assignment No. 7Board E APPLICATION TO THE SOUTHOLD TOWN BOARD OF APP AI,s 022 AREA VARIANCE House No.28495 Street Main Road HamletCutcho9ue Zonif Appeals SCTM 1000 Section 102 Block 5 Lot(s)19 Lot Size 15419' Zone HB I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 4/15/22 BASED ON SURVEY/SITE PLAN DATED 4/13/22 Owner(s):KEKJS Headquarters LLC Mailing Address:28495 Main Road,Cutchogue Telephone:631-734-4185 Fax:- Email'mksarchitect@optonline.net NOTE:In addition to the above,please complete below if application is signed by applicant's,attorney,agent,architect, builder,contract vendee,.etc.and name of person who agent represents: Name of Representative:Patricia C.Moore Esq. forwner�ther: Address:51020 Main Road,Southold NY 11971 I• L Telephone:631-765-4330 Fax: Email:pcmoore@mooreat*con, P e se check to specify who you wish correspondence to be mailed to,from above names: ; pplicant/Owner(s), IzAuthorized Representative, Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 4-13-22 and DENIED AN APPLICATION DATED 8-18-2z FOR: V 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 mance by numbers.Do not quote the code.) Article: Section: Subsection: Type of Appeal. An Appeal is made for: 7/ A Variance to the Zoning Code or Zoning Map. A Variance due to lack of access required by New York Town Law-Section 280-A. Interpretation of the Town Code,Article Section' Reversal or Other 280-45(B)(1)referring to 280-13 B(13)is incorrect section of the codeQN1� Lsp,— (Z3/%/ohColl Vnu�Uu A prior appeal( )has, o4has not been made at any time with respect to this property,UNDER Appeal No(s). Year(s). .(Please be sure to research before completing this question or call our office for assistance) Name of Owner: ZBA File# i AUG 19 2022 REASONS FOR APPEAL additional sheets may be used with re 5F rbjVED sirnature): AUG 2 2 2022 AREA VARIANCE REASONS.- zoning Board of Appeals (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The proposed apartment in the existing 2nd floor of an "existing structure" is permitted as a Special Permit use. Town Code 280-45("(B)1(11) "conversion of an existing building to apartment is regulated by 280-38 B (6) of the Residential Office (RO) district. Also requiring a Special Exception. We comply with the Special Permit standards as shown on the accompanying application. The building department is applying the "accessory apartment in an accessory structure" code referenced in the residential districts which is also available in the HB zoning, the residential uses are incorporated by reference (see 280-45 (C ) (2)). We do not propose application of the residential use district provisions for an "accessory apartment" in an "accessory structure". HB allows an apartment use, by Special Permit, in the HB Zoning Use District. If Apartments are not supported in HB Zoning, then there is a serious problem with the code. Throughout the Town Board's deliberations to increase available apartments, density is pushed into the Hamlets (HB Zone) and the HALO zone. Both those conditions are found with this parcel. The purpose of the Hamlet Business (HB) District is to provide for business development in the hamlet central business areas, including retail, office and service uses, public and semipublic uses, as well as hotel and motel and multifamily residential development that will support and enhance the retail development and provide a focus for the'hamlet area. The apartment provides work force housing opportunities which supports the hamlet. On an HB parcel the office and residential use compliment and support each other. Apartments are encouraged and required to be located in the Hamlet and HALO. As to 280-123 the building department has issued a notice of disapproval RECEIVED AUG 2 2 2022 q--1, 2 Zoning Board of Appeals to add the deck to the existing structure because, accordin - department, the deck is an expansion of the nonconforming structure and use (residential). In commercial districts a nonconforming structure with a commercial use is permitted to expand. (see 280-123 (1)) The deck does not expand the occupancy to the structure. Moreover, is a rental apartment a commercial use or a residential use. It could qualify under either definition. The proposed deck faces the interior of the parcel and is set back 9' from the nonconforming property line. The deck provides a private sitting area for the apartment and secondary access rom the apartment. (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: There is available space in an existing structure which is not utilized and could easily be improved for a residential apartment. An alternative would be to use the space for a commercial tenant however an apartment benefits the community and offers very needed workforce housing. The deck is a common amenity which is proposed behind the existing structure. (3) The amount of relief requested is not substantial because: The structure is existing and the occupancy will provide workforce housing. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The structure is existing and will not result in any adverse impacts. A residential use is a permitted use in HB zoning. (5) Has the alleged difficulty been self-created? ( )Yes, or ( X)No. Are there Covenants and Restrictions concerning this land: X No. C Yes (please furnish copy). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the r RECEIVED health, safety, and welfare of.the community. AUG 2 2 2022 Zonin Boar ppeals Check this box O IF A USE VARIANCE IS BEING REQ PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) Signature of Appellant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn to before me this 19 day of aU V , 20 Z2 Notary Public KYLEE S DEFRESE NOTARY PUBLIC-STATE OF NEW YORK No.01DE6420156 Qualified in Suffolk County My Commission Expires 08-02-2025 I RECEIVED I ' 2 2022 APPLICANT'S PROJECT DESCRIPTION AUG 2'2 Zoning Board of Appeals APPLICANT: KEKJS Headquarters I-I-c DATE PREPARED: - 1.For Demolition of Existing Building Areas 4 Please describe areas being removed:none H.New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: Proposed deck 192 sq.ft. Dimensions of new second floor: interior alterations Dimensions of floor above second level: none Height(from finished ground to top of ridge): 21'6" Is basement or lowest floor area being constructed?If yes,please provide height(above ground) measured from natural existing grade to first floor: none III.Proposed Construction Description(Alterations or Structural Changes) (Attach extra sheet if necessary).Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: existing 2 story two car garage Dumber of Floors and Changes WITH Alterations: no change-convert interior of 2nd floor of garage to an apartment IV.Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: 2129.3" Proposed increase of building coverage: 193 deck Square footage of your lot: 15.422.2 sq.ft. Percentage of coverage of your lot by building area: 15% V.Purpose of New Construction: convert existing speace to an apartment 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): flat,open,and on the Main Road commercial area all existing structures remaining 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 ti �= RECEIVED 2 AUG . `�,-2 2022 QUESTIONNAIRE SPECIAL EXCEPTION Zoning guard o�� FOR FILING WITH YOUR ZBA APPLICATIO f Appeals 1. Has a determination been made regarding Site Plan review? It Yes No If no,please inquiry with the ZBA office and if site plan is required,you may apply to the Planning Dept. at the same time so both applications can be reviewed concurrently. 2. Are there any proposals to change or alter land contours? a. LzNo Yes please explain on attached sheet., 3. Are there areas that contain sand or wetland grasses? Wo a. 2.)Are those areas shown on the survey submitted with this application? k�1A b. 3.)Is the property bulk+headed between the wetlands area and the upland building area? c. 4.)If your property contains wetlands or pond areas,have you c ntacted the Office of the Town trustees for its determination of jurisdiction? Please confirm status of your inquiry or application with the trustees: and if issued,please attach copies of permit with conditions and approved survey. 4. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? Nr) 5. Are there any patios,concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? _Please show area of the structures on a diagram if any exist or state none on the above line. 6. Do you have any construction taking place at this time concerning your premises? N"D f yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: 7. 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 obtain copies of them. 8. Do you or any co-owner also own other land adjoining or close to this parcel? Kn If yes,please label the proximity of your lands on your survey. 9. Please list present use or operations conducted at this parcel�{Z& teffy_nj Ppwr 4v{ . 0knrrnw�,,e a and the proposed use j_•t�} ,{ '�,� 65r—g!a C i. (ex:existing single family,proposed:same with gfitage,pool drJother or vacant proposed office vYith apartments above,etc.) Auth riz gnature and Date 1 FORM NO. 4 i i TOWN OF SOUTHOLD BUILDING DEPARTMENT RECEIVED Office of the Building Inspector Town Hall AUG 2 2 2022 Southold, N.Y. i Zoning Board'of Appeals PRE EXISTING CERTIFICATE OF OCCUPANCY No: Z- 31629 Date: 06/22/06 THIS CERTIFIES that the building DWELLING Location of Property 28495 MAIN RD CUTCHOGUE (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 102 Block 0005 Lot 019 Subdivision Filed Map No. Lot No. conforms substantially to the Requirements for a ONE FAMILY DWELLING built prior to APRIL 9, 1957 pursuant to which CS[tTIFIC%TE OF OCCUPANCY NUMBER Z- 31629 dated JUNE 22, 2006 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 ONE FAMILY-DWELLING & BEAUTY PARLOR WITH ACCESSORY GARAGE AND ACCESSORY STORAGE SHED* The certificate is issued to BENTON P. FASANO (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPAR2NENT OF BEALTH APPROVAL N/A HIsECT ICAL CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A *PLEASE SEE ATTACHED INSPECTION REPORT. : AutlEorized Signature Rev. 1/81 1 RECEIVED AGRICULTURAL DATA STATEMENT AUG 2 2 2022 ZONING BOARD OF APPEALS 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 fare: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: ®= '_`) .6h rl �'kws C' 2. Address of Applicant: 3. Name of Land Owner(if other than Applicant): 4. Address of Land Owner: 5. Description of Proposed r Project:_ 6. Location of Property: (road and Tax map number) -OCC.. i 02.. - 5-- 7. `7 -7. Is the parcel within 500 feet of a farm operatjon? { } Yes { } No 8. Is this parcel actively farmed? { } Yes J 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 I. 1C2 — ��23 - Wtc��lx�� +rhnl�nrl LLC. - z311� (�+ <�; P1� xn2s Uti�tnn ;e Fay,,nton,� Lei - Zb-MCU ZS. R)i3LA-Q iS Cll0r tQ 3. 4. 5. 6. (Please use the back of this page if there are additional property owners) Kol Signature of Applicant Date Note: 1.The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2.Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3.Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. 617.20 RECEIVED Appendix B FAUG 2 2 2022 Short Environmental Assessment Form b 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: Project Location(describe,and attach a location map): 62 F5LiqS- G�trn Brief Description of Proposed Action: fo g 5 9 Name of Applicant or Sponsor: Telephone:�-31 -_7 4 9 Lf( 2S- < (= -e�r V Cx.1%c'_`-> L'LC E-Mail: -&'M Address: f� p)_ (,( 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? 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: H DSI' - 3.a.Total acreage of the site of the proposed action? es b.Total acreage to be physically disturbed? _acres c.Total acreage(project site and any contiguous properties)owned ��r or controlled by the applicant or project sponsor? 4. Check all land uses that occur on,adjoining and near the proposed action. , 11 Urban ❑Rural(non-agriculture) El Industrial 11 Commercial 'Residential(suburban) ❑Forest ❑Agriculture ❑ Aquatic ❑ Other(specify): ❑Parkland Page 1 of 4 5. Is the proposed action, RECEIVED NO YES N/A a.A permitted use under the zoning regulations? Q b.Consistent with the adopted comprehensiveplan? AUG 2 2 222 D 6. Is the proposed action consistent with the predominant characte the $��1 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: y 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES b.Are public transportation service(s)available at or near the site of the proposed action? k c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? X 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will-exceed requirements,describe design features and technologies: 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: ,- X 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? ` b.Is the proposed action located in an archeological sensitive area? X 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? If Yes,,identify the wetland or waterbody and extent of alterations in square feet or acres: X 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑ Shoreline ❑Forest ❑Agricultural/grasslands, ❑Early mid-successional ❑ Wetland ❑Urban 'Eia'Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? x 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, / a.Will storm water discharges flow to adjacent properties? M'NO OYES X b.Will,storm water discharges be directed to established conveyance systems(runipffandstorm drains)? If Yes,briefly describe: El No ❑YES Page 2 of 4 18.Does the proposed action include construction or other activi ' nt of NO YES water or other liquids(e.g.retention pond,waste lagoon,da )? RECEIVED If Yes,explain purpose and size: 19.Has the site of the proposed action or an adjoining property b eZdhjr gci 1-gf(g /A losed NO YES solid waste management facility? If Yes,describe: X 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES coinpleted)for hazardous waste? If Yes,describe: )C- I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor na &ee q Date: �r% 2Z--- Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass,transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? j 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 No,or Moderate AUG 2 2 2022 small to large impact impact may may Zoning Board of Appeals 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 RECEIVE[ s AUG 2 2 2022 X91, Board of Zoning Appeals Application Zoning Board or Appeals AUTHORIZATION (Where the Applicant is not the Owner) I, residing at 95- i�kj /2 P (Print property owner's name) (Mailing Address) do hereby authorize ( �' kfoo (Agent) 5 e ® �'�'i _to apply for variance(s).on my behalf from the Southold Zoning Board of Appeals. (Owner's Si ature) (Print Owner's Nam LE AAPPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORMZoning als The To n of Southold's Code of Ethics rohibits conflicts of interest on the art of town officers and emose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. ` YOUR NAME (Last name,first name,middle initial,ung ss you are app ying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION:.(Check all that.apply) Tax grievance .c Building Permit Variance ✓, Trustee Permit Change of Zone Coastal Erosion ppro 1 of'PlatMooring Other activity) Z L y iceIr U� 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,oribusiness interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee,owns more than 5%of the shares. YES NO If you answered"YES",complete the balance of this,form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) 13)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION-OF RELATIONSHIP Submitted this day of 20� Signature Print Name LZoning CEIVED AGENT/REPRESENTATIVE 2 2 2022 TRANSACTIONAL DISCLOSURE FO '/- oard of App alsThe Town of Southold's Code of Ethics rohibits conflicts of interest on the art of tdem to ees.T e u pose of this form is to Provide information which can alert the town of possible conflicts Ainterestand allow it to take whatever action is necessary to avoidsame. YOUR NAME: l C+t. C, C & (Last name,first name,middle initial,unless you are applying in the name df someone else or other entity,such as a company.If so,indicate the other person's or company's.name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) ` Planning Do you personally(or through your company,spouse,sibling,parent,or child)have'a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5% of the shares. YES NO If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this da f ,20 Signatur��! , Print Name Town of Southold LWRP CONSISTENCY ASSESSMENT FO A. INSTRUCTIONS AUG 2-Z20221 8 1. All applicants for permits* including Town of Southold agenc ejh1 this AF for proposed actions that are subject to the Town of Southold Waterfr RevRew w. 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# 10?1 - - The Application has been submitted to(check appropriate response): Town Board 0 Planning Dept. 11 Building Dept. 0 Board of Trustees 0 1. Category of Town of Southold agency action(check appropriate response):; (a) Action undertaken directly by Town agency(e.g. capital 0 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: _ i Location of action: j VP— Site acreage: RECEIVED Present land use: W i am AUG 2 22 2022 Present zoning classification: Zoning Boar I -;713 nE Appeals, 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: �(f (b) Mailing address:_ I.. (c) Telephone number:Area Code( ) (a`j j LP '.[ l "�J' (d) Application number,if any: Will the action be directly undertaken,require funding, or approval by a state or federal agency? Yes ❑ NoJQ If yes,which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. ` Yes ❑ No ❑' Not Applicable t , f'v I 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 Ex 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 LIN Yes © NoE] Not Applicable C_ 15t—Lwv Cnav e- Ld. U c ,L, G� GEI Z54- Attach additional sheets if necessary NATURAL COAST POLICIES B �f APPea�s Policy 4. Minimize loss of life, structures, and natural resources from fl o '�n9 rosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria El Yes 11 No N 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 11 No []Not Applicable to f �t 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. 0 Yes No Not Applicable ; RECEIVED Attach additional sheets if necessary AUG 2 2 2022 Policy 7. Protect and improve air quality in the Town of.Southold. See §WiVoAfIMpe icies Pages 32 through 34 for evaluation criteria. ❑ Yes ❑ Nog 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. ❑ YeF_1 No Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES i Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No Not Applicable d RECEIVED AUG 2 2 2022 o Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound,-the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III —Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No Mn 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 5125105 11:20 AM t-�i�•;,;� � .�� ,r—. ��try r .t, -, 4 • i!?�y�`` i p s +ar dIL s jr Ir S �»arf " Y5 <v ! c ff ar� I !' / y r' - y. by "tot � �' c •! � 1�F f ' lam" }`� "'r J✓i � �~��.t �� � ,y���-� G • !• _,i ��a�4�1 n.7�IF, e���J�nyyj� T`NF Y C ,T;,,'i-i'l' � � • t k ,�f ,:�\o;.��d; � ms's+'� v• _ lkf. . ��,�, •-�,y Y g r .n� w�wk� � - :�. 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LOT LL /rid /�� - a G/ 7C �1r' r : t, �J _ t, FORMER OWNER N E ACR. J P�NNL= y -.. rU rl F-6 Sof o Q S W TYPE OF BUILDING ;ES. 1�LJ3 SEAS. VL. FARM COMM.`, CB. MISC. Mkt. Value j JD IMP. TOTAL DATE REMARKS 6 .236 si i v r i , o - — 7 QST/P -t' cl� 2 5 onveC+ tc- sz ; Y archei ectsf-i fftyt 6,- O e • AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre 5/lr� F- r{ '* J ,� repkces Sas) • Fi l 1 - ra illable 2v MCI n _ 'illable 3 w� C=C"i a Voodland U 0 �wampland Q Uj 6, FRONTAGE ON WATER !rushland N FRONTAGE ON ROAD louse Plot DEPTH BULKHEAD ota l DOCK '�;�� )' M 't \ � 4� a�, ,,' r! a4 a a� � .meg- • � • f arm f _ tOMNIMOPS ENO SIMMM M MENEM ME MENNEN E ■■■■■ M!E'JI�R ■■■■!■■■■■■■■■ MEN ■MINME■N■ MME No ■■EM■■■■ GMONO ■ ■E11M■■■ ■ ■■■ ■■■ ■■ ■■■■■■ MOINO■■■■MOONS■mom■■■ NONE MEP:MONEEM■OMENE■■■NE . - r, NN■MN■■ E000■NOS!■NONONO■■■ ' NNN■MMM MMMMM■■�ii�MOM■■■NNM ■■■■MMMENNE■ MMEN■ NOM ■NONE.. ■■■■■■.... C■. C. ■NEON.. NONE.■. ■ON■..■ Interior Finish FireDriveway �- •. Type Roof Rooms 1st Floor 2. Recreation Roon-, Rooms 2nd FlooT • : • ao4T �3 car 2022- SUMMARY OF LOCAL LAW TO AMEND CHAPTER 280 ZONING THE PROPOSED LOCAL LAW FOR WHICH A PUBLIC HEARING IS BEING HELD THIS EVENING PROPOSES TO AMEND SEVERAL SECTIONS CHAPTER 280 OF THE TOWN CODE, TO AMEND THE ZONING CODE G j �PENU -QF ; THE PURPOSE OF THIS LOCAL LAW IS TO ALLOW FOR THE .[�T U:GTLON QF �.r '" ;rFl DA1DLE-'{�I N-9iAL A PRTNfE-INT$kl,1 TN0itTRM&T,L1'R° THIS WILL BE ACCOMPLISHED BY AMENDING ONE SECTION OF THE TOWN CODE TO AMEND THE ZONING CODE. THE FULL TEXT OF THE PROPOSED LOCAL LAW IS AVAILABLE FOR REVIEW IN THE TOWN CLERK'S OFFICE AND ON THE TOWN'S WEBSITE ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------x In the Matter of the Application of AFFIDAVIT �S OF KEKJK HEADQUARTERS LLC MAILINGS Appeal # 7718 SCTM Parcel #1000-102.-5-19 -------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Jaimie Lengyel, residing at Cutchogue, New York, being duly sworn, depose and say that: On the 19th day of December, 2022, 1 personally mailed a true copy of the Notice set forth in the Zoning Board of Appeals Application, directed to each of the persons listed on the attached list at the addresses set below their respective names; that the addresses set below the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said notices were mailed at the United States Post Office at Southold, New York, that said Notices were mailed to each of said persons by CERTIFIED MAIL/RETURN RECEIPT. Attached hereto is the white receipt post-marked by the Southold Post Office on said date. Jaimie Lengye Sworn to before me this 19th day of December, 2022 S . (Notary Public) KYLEE S DEFRESE NOTARY PUBLIC-STATE OF NEW YORK No.01DE6420156 Qualified in Suffolk County My Commission Expires 08-02-2025 'W' 0 F F i C F S A. Signature ❑Agent +V 51v M ROAD ��X 11Wr Addressee 020 0 MAIN SOUTHOLD NY 11971 '� B. Received by(Printed Name) C. Date of Delivery 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes WICKHAM FARMLAND LLC If YES,enter delivery address below: ❑No PO BOX "928 CUTCHOGUE NY 11935 ` g r �IIIIIII��II����I�IIIIIIIIII�II� f f I. VIII III�� i 9290 9902 7906 6900 0025 02 2. Article Number(Transfer from service label) 3. Service Type 21Certified Mail® El Certified Mail® 9214 7902 7906 6900 0025 08 Restricted Delivery PS'F&m(38111 Facsimiled Julyj2015 Domestic Return Receipt j .-- n-e.—•.e•.e..sa.mow,.—......___.._......._.��..�..___�-b MOORE LAW OFFICES A. signature Agent ❑ ' N ROAD El Addressee': .51020 MAI X V� SOUTHOLD NY 11971 B. Received by(Printed Name) C. Date of Delivery L 1=i t• 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes ! If YES,enter delivery address below: ❑No WICKHAM FARMLAND LLC PO BOX 928 i f� CUTCHOG'UE NY, 11935 tru Ir �._. 1 II�I�IIIII IIIIII IIS IIS II� I�I�IIIIII�II VIII 9290 9902 7906 6900 0024 96 2. Article Number(Transfer from service label) 3. Service Type m certified Mail® ❑Certified Mail®. 9214 7902 7906 6900 0024 92 ResiiiciedDe!ivery' !111 II � ; ! PS Form 3811 Facsimile, July-2015 Domestic Return. Receipt MOORE LAW 'OFFICES A. Signature ❑Agent 51020 MAIN ROAD13 Addressee SOUTHOLD NY 11971 X cu L B. eceived by(Print ame) C. Date of Delivery dui, > P 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes If YES,enter delivery address below: ❑No PAUL C'.' & -MARGARET- C. JABLO SKI 1070 WAVE;RLY AVE f HOLTSVIL*L'E NY 11742 IIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIII 9290 9902 7906 6900 0025 33 2. Article Number(Transfer from service label) I rs-e-ice Type ®certified Mail® ❑Certified Mail® 9214 7902 7906 6900 0025 39 Restricted Delivery PSjFo,rm,3�1j1 jF;acSirr ile,�Julyl201;5 Domestic Return Receipt RECEIPT RECEIPT RECEIPT 9214 7902 7906 6900 0024 85 9214 7902 7906 6900 0024 92 9214 7902 7906 6900 0025 08 FROM: FROM: FROM: Moore Law Offices Moore Law Offices Moore Law Offices RE:SCHWARTZ#7718 RE:SCHWARTZ#7718 RE:SCHWARTZ#7718 SEND TO: SEND TO: SEND TO: 1 /119 819 Off Fairway Inc Wickham Farmland LLC Wickham Farmland LLC do John Abbott PO Box 928 PO Box 928 PO Box 193 Cutchogue NY 11935 Cutchogue NY 11935 Mattituck NY 11952 FEES: FEES: FEES: 0.810.81 Postage 0.81 Postage Postage Certified Fee 4.00 Certified Fee 4.00 Certified Fee 4.00 i Return Receipt 3.25 Return Receipt_ 3.25 Return Receipt 3.25 Restrict" 7 Restricted'`�7�g�� Restricted,.—i c —. °8.06 ' ''$8-06 TOTAL TOTAL J d TOTAL oPOSTMARK OR,DATE P,0 TMARK`OR DATA PdSTMAWOR DATE st cs.l �'' P� ( r V ,�;,/I EDS''` �y�IED.S�� Y RECEIPT ^,T___.r._ .,_._.... '._.,.�` '-�'• 9214 7902 7906 6900 0025 15 RECEIPT RECEIPT FROM: 9214 7902 7906 6900 0025 22 9214 7902 7906 6900 0025 39 Moore Law Offices FROM: FROM: RE:SCHWARTZ#7718 Moore Law Offices RE:SCHWARTZ#7718 Moore Law Offices i RE:SCHWARTZ#7718 SEND T , O. Nancy B.Marschean SEND TO: SEND TO: PO Box 246 DRD LLC Paul C.8 Margaret C.Jablonski q Cutchogue NY 11935 295 Kings Point Rd East Hampton NY 11937 1070 Waverly Ave Holtsville NY 11742 FEES: j Postage 0.81 FEES: FEES: Certified,Fee- 4.00 Postage 0.81 Postage 0.81 Return_Receipt 3.25 Certified Fee 4.00 Restricted Return Receipt 3.25 Certified Fee 4 00 Restricted Return•Receipt-j� 3.25 TOTAL $8 06 Restricted TOTAL--�-�-.$8.06 FP' JG: i„ ,q71 aJl._ TOTAL $,8.06 POSTMARK OR DATE POSTMARK OR'DATE C.-) j/�,` ;� ,� i POSTMARK OR DATE S U'. 11ti� i c h o I CD '� ti✓/ - - C) 1. lcD.F V9/ V A. Signature ❑Agent f=t !A W OFFICES' ❑Addressee 51020 MAIN ROAD X SOUTHOLD NY 11971 B. Received by(Printed me) QC,. D�te of D ivery 1. Article Addressed to: D. Is delivery address different from'em 1? If YES,enter delivery address elow: ❑No OFF F:%;`T�"RWAY INC C/0 Jt: '"d ABBOTT PO B 0;X i,,"19 3 MATTI'T6CK NY 11952 IIII 11 IIII I II I I���� 111 I I III III 1111111 III I II -.� I 9290 9902 7906 6900 0024 89 2. Article Number(Transfer from service label) 3. Service Type ®Certified Mail® ❑Certified Mail® 9214 7902 7906 6900 0024 85 Restricted Delivery PS 1,prrn�38,1lip Fapsimile;July;201j5 Domestic Return Receipt D 0 ® D • ® D r: A. Si nature 7dd7res..e ` MUc�RE LAW OFFICES 51020 MAIN ROAD SOUTHOLD NY 11971 W� B.'Received Reuce�ived by(Printed Nam C. Date of Delivery yr—\ i�jEy—U'JE t 1. Article Addressed-3d., D. Is.deliV address different from item 1? ❑Yes InYEeznterr delivery address below: ❑No NANCY ,B:.' •MARSCHEAN jl�js�-/9 PO BOV124 ,CUT.CHOG.Id rNY 11935 �l II I II I I III II 11111111 111111 III II IIIIIIIIIIII 19290 9902 7906 6900 0025 19 2. Article Number((Transfer from service label) 3. Service Type N Certified Mail(D ,Certified Mair Restricted D� liyatq. ;' � 9214 7902 7906 6900 0025 15 j I i P'Sl Form 3811 FAcsirnife, lJuly.l2©15 yrs• Dorrlestic),46f6iw eceipt MOORE LAW OFFICES A. Signature ❑Agent% � dd�dressee �����?0 MAIN RO�aD X C-! r SOUTHOLD NY 11971 B. Receiv d by(Prirfted Name) C. Date of Delivery 1. Article Addressed to: D. Is delivery address differefrom it`1rt'-1-? 11 Yes! If YES,enter delivery adless below: ❑No DRD LLC 295 KINGS"POINT RD EAST HAMPTON NY 11937 11111 1111111111I��1 1111111111111111111111 II 9290 9902 7906 6900 0025 26 2. Article Number(Transfer from service label) 3. Service Type N Certified Mail® ❑Certified MaiIO 9214 7902 7906 6900 0025 22 Restricted Delivery ,PS,Form,3811 I Facsimile,j July, 201-5 1 Domestic Return Receipt KEKJS HEADQUARTERS LLC mailing list I i 102.-6-18.1 102.-5-18 Off Fairway Inc DRD LLC c/o John Abbott 295 Kings Point Rd PO Box 193 East Hampton, NY 11937 Mattituck, NY 11952 102.-6-23.2 102.-5-20 Wickham Farmland LLC Paul C. & Margaret C. Jablonski PO Box 928 1070 Waverly Ave Cutchogue, NY 11935 Holtsville, NY 11742 102.-6-20.2 Wickham Farmland LLC PO Box 928 l Cutchogue, NY 11935 102.-5-7 Nancy B. Marschean PO Box 246 Cutchogue, NY 11935 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------------X I� In the Matter of the Application of AFFIDAVIT OF POSTING #7718 Regarding Posting of Sign Upon Applicant's Land Identified as 1000-102.-5-19 ---------------------------------------------------------------X COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Lauren Praus, of Cutchogue, New York, being duly sworn, depose and say that: On the 22nd day of December, 2022, 1 personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) -facing the street or facing each street or right-of-way entrance*; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be THURSDAY, January 5, 2023 at 10:10am. Lauren Praus Sworn to before me this L.( day of 24c>2 3 otary Public BE PERKINS Notary Public,State of New York No. 01PE6130636 Qualified in Suffolk County Commission Expires July 18, I / I i gill ■ r t d11f4253-4e65-4a2d-96f7-6da35e1f8a88 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY,JANUARY 5,2023'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 5,2023: The public may ALSO have access to view,listen and make comment during the PUBLIC HEARING as it is happening via ZOOM WEBINAR. Details about how to tune in and make comments during the PUBLIC HEARING are on the Town's website agenda for this meeting which may be viewed at http://southoldtownny.gov/agendacenter. Additionally,there will be a link to the Zoom Webinar meeting at http://southoldtownny.gov/calendar.aspx. 10:00 A.M.-SHEILA STOLTZ#7699—(Adjourned from November 3,2022)Request for Variances from Article XXlll,Section 280-124;and the Building Inspector's May 12,2022 Notice of Disapproval based on an application for a permit to demolish an existing dwelling and construct a new single family dwelling with a habitable third story;at;1) located less than the code required minimum front yard setback of 40 feet;2)located less than the code required minimum rear yard setback of 50 feet;3)more than the code permitted maximum lot coverage of 20%;4)exceeds maximum permitted stories of two and one half(2%);located at:2025 Smith Road, Peconic,NY.SCTM No.1000-98-4-19.2. 10:10 A.M.-KEKJS HEADQUARTERS, LLC Request for a Variance from Article XXIII,Section 280- 123 and the Building Inspector's August 18,2022 Notice of Disapproval based on an application for a permit to construct a deck addition and an accessory apartment on the second floors of a pre-existing accessory garage with a room above, at;1)a non-conforming building containing a non-conforming use shall not be enlarged,reconstructed,structurally altered or moved,unless such building is changed to a conforming use;at:28495 Main Road,Cutchogue, NY.SCTM No.1000-102-5-19. 10:20 A.M.-KEKJS HEADQUARTERS,LLC#7719SE-Request a Reversal of the Building Inspector's August 18,2022 Notice of Disapproval relating to Town Code Article X,Section 280-45B(1);Article III,Section 280-136(13) based on an application for a permit to construct a deck addition and an accessory apartment on the second floors of a pre-existing accessory garage with a room above,and to request a Special Exception pursuant to Article X,Section 280-45B(11)for a Conversion of an existing building to apartments as set forth in and regulated by Article Vll,Section 280-38B(6)of the Residential Office District; located at 28495 Main Road,Cutchogue,NY. SCTM No.1000-102-5-19. SOUTHOLD TOWN BD OF APPLS 2 d11f4253-4e65-4a2d-96f7-6da35e1f8a88 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times 10:30 A.M.-SAM ORLOFSKY#7720-Request for Variances from Article XXI1,Section 280-116A(1); Article XXIII,Section 280-124;and the Building Inspector's August 12,2022,Amended August 25,2022 Notice of Disapproval based on an application for a permit to construct deck additions to an existing family dwelling at;1) located less than the minimum code required 100 feet from the top of the bluff;2) more than the code permitted maximum lot coverage of 20%; located at:18575 Soundview Avenue,Southold,NY.SCTM No.51-1-12. 10:40 A.M.-460 OYSTER PONDS LANE,LLC;ANN G.FFOLLIOTT#7721-Request for Variances from Article Ill,Section 280-14 and the Building Inspector's July 15,2022 Notice of Disapproval based on an application for a permit for a lot line change to create two nonconforming lots; 1)lots #1 proposed at less than the code required minimum lot size of 40,000 sq.ft. in area;2) lot#1 proposed at less than the code required minimum lot width of 150 feet;3)lot#2 proposed at less than the code required minimum lot depth of 175 feet;located at:510 and 390 Oyster Ponds Lane,Orient, NY.SCTM No.1000-24-1-4.1 and 1000-24-1-2. 10:50 A.M.-PATRICIA AND ARGYRIS DELLAPORTAS #7676—(Adjourned from October 6,2022) Request for a Variance from Article 111,Section 280-15 and Building Inspector's May 10,2022 Notice of Disapproval based on an application for a permit to legalize an"as built"accessory building;1)located less than the code required minimum rear yard property line setback of 10 feet; located at:7970 Main Road, East Marion, NY. SCTM No.1000-31-6-32.1. 11:00 A.M.-NICHOLAS TZOUMAS#7717-Request for Variances from Article XXIII,Section 280-124 and the Building Inspector's July 21,2022 Notice of Disapproval based on an application for a permit to construct a second floor addition to an existing single family dwelling.at; 1)less than the code required minimum front yard setback of 35 feet;2)less than the code required minimum rear yard setback of 35 feet located at:35 Clark Road,Southold, NY.SCTIVI No.51-3-26. 1:00 P.M.-FRITZE FISHERS,LLC#7725-Request for a Variance from Article III,Section 280-14;and the Building Inspector's July 25,2022, 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 front yard setback of 60 feet; located at:560 North Hill Road/Crescent Avenue,(adj.to Hay Harbor) Fishers Island,NY.SCTM No.6-1-4.3. 1:10 P.M.-THE GAINES GWATHMEY FAMILY 2012 TRUST#7695-Request for Variances from Article 111, Section 280-14;and the Building Inspector's May 24,2022 Notice of Disapproval based on an application for a permit for a lot line change,at; 1)Lot 1&2 measuring less than the i minimum code required lot size of 120,000 sq.ft.;2)Lot 1 measuring less than the code required minimum lot width of 200 feet;3) Lot 1&2 measuring less than the minimum lot depth of 300 feet;located at:East End Road&137 Pheasant Drive, (Adj.to East Harbor)Fishers Island,NY. SCTM No.1000-5-2-2&1000-5-2-3. SOUTHOLD TOWN BD OF APPLS 3 d11f4253-4e65-4a2d-96f7-6da35e1f8a88 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times 1:20 P.M.-NICOLE ECKSTROM AND CARLOS SAAVEDRA#7722-Request for a Variance from Article XXIII,Section 280-123 and the Building Inspector's July 6,2022 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing accessory garage at;1)a non-conforming building containing a non-conforming use shall not be enlarged,reconstructed,structurally altered or moved, unless such building is changed to a conforming use; located at:590 Haywaters Drive, Cutchogue,NY.SCTM No.104-5-22. 1:30 P.M.-JEANNE AND JOSE CASTANO#7724-Request for a Variance from Article XXIII,Section 280- 124;and the Building Inspector's August 11,2022,Notice of Disapproval based on an application for a permit to demolish(as per Town Code definition)and reconstruct a single family dwelling at;1)located less than the code required minimum rear yard setback of 35 feet;located at: 1700 Grathwohl Road, New Suffolk,NY. SCTM No. 1000-117-4-3. 1:40 P.M.—CINTHIA THORP#7733-Request for Variances from Article XXIII,Section 280-124;and the Building Inspector's September 12,2022 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling,at; 1) located less than the code required minimum side yard setback of 10 feet;2) located less than the code required minimum combined side yard setback of 25 feet;located at:120 South Lane, (Adj.to Gardiners Bay) East Marion, NY.SCTM No.1000- 37-6-3.4. 1:50 P.M.—TIMOTHY MACDONALD#7734-Request for a Variance from Article XXIII,Section 280-124; and the Building Inspector's October 4, 2022 Notice of Disapproval based on an application for a permit to legalize an accessory garage,at;1) located less than the code required minimum side yard setback of 5 feet;located at:405 Mayflower Road,Mattituck,NY.SCTM No.1000- 107-8-21. 2:00 P.M.-JULIA KIELY(BRODER)#7726-Request for Variances from Article Ili,Section 280-15;Article XXIII,Section 280-124;and the Building Inspector's August 18,2022, Notice of Disapproval based on an application for a permit to construct a second floor addition on an existing single family dwelling and to legalize an"as-built" pergola on an existing accessory structure at;1)dwelling is located less than the code required minimum side yard setback of 15 feet;2) pergola is located less than the code required minimum side yard property line setback of 10 feet; located at:16045 Main Road, Mattituck, NY.SCTM No.1000-115-1-7. 2:10 P.M.-RICHARD MARTINO#7694—(Adj.from November 3,2022)Request for Variances from Article III,Section 280-15;Article XXII,Section 280-116A(1);Article XXIII,Section 280-124;and the Building Inspector's May 6,2022 Notice of Disapproval based on an application for a permit to legalize an as-built accessory gazebo with attached deck/patio and an as-built shed; at;1) as built shed located In other than the code permitted rear yard;2)as built gazebo located less than the code required 100 feet from the top of the bluff;3)as built gazebo located less than the code SOUTHOLD TOWN BD OF APPLS 4 4 d11f4253-4e65-4a2d-96f7-6da35e1f8a88 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times required minimum side yard property line of 25 feet;located at:3875 Hallock Lane,Mattituck, NY.SCTM No.1000-112-1-8.4. The Board of Appeals will hear all persons or their representatives,desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review on The Town's Weblink/Laserfiche under Zoning Board of Appeals(ZBA)\Board Actions\Pending. Click Link: http://24.38.28.228:2040/webl ink/Browse.aspx?d b id=0. If you have questions,please telephone our office at(631)765-1809,or by email: kimf@southoldtownny.gov. Dated: December 15, 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 i SOUTHOLD TOWN BD OF APPLS 5 Y d11f4253-4e65-4a2d-96f7-6da35elf8a88 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 29,2022 This newspaper has been designated by the County Clerk of Suffolk County,as a newspaper of record in this county,and as such,is eligible to publish such notices. Signature Eliot T.Putnam Printed Name Subscribed and sworn to before me, This 04 day of January 2023 N ary lgnatur `` � innrnr rr, ® - �y ? STATE '. OF NEA'PORK NOTARY PUBLIC Notary Public Stamp ALBANY iV 01RE639M43 O . ��g,` ; N EX4,1'�,,��J i SOUTHOLD TOWN BD OF APPLS 1 BOARD MEMBERS �F SO!/T Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road•P.O.Box 1179 �® l0 Southold,NY 11971-0959 Patricia Acampora :,Office Location: Eric Dantes cry ,c Town Annex/First Floor, Robert Lehnert,Jr. • OQ � 54375 Main Road(at Youngs Avenue) Nicholas Planamento 00uNn,� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1509 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JANUARY 5, 2023 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 5, 2023: The public may ALSO have access to view, listen and make comment during the PUBLIC HEARING as it is happening via ZOOM WEBINAR. Details about how to tune in and make comments during the PUBLIC HEARING are on the Town's website agenda for this meeting which may be viewed at http://southoldtownnv.gov/agendacenter. Additionally, there will be a link to the Zoom Webinar meeting at http://southoldtownnv.govlcalendar.aspx. 10:10 A.M. - KEKJS HEADQUARTERS, LLC #7718 - Request for a Variance from Article XXIII, Section 280-123 and the Building Inspector's August 18, 2022 Notice of Disapproval based on an application for a permit to construct a deck addition and an accessory apartment on the second floors of a pre-existing accessory garage with a room above, at; 1) a non-conforming building containing a non-conforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a conforming use; at: 28495 Main Road, Cutchogue, NY. SCTM No. 1000-102-5-19. 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)76571809, or by email:kimf@southo/dtownny.gov. Dated: December 15;2022 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 53095 0-Min Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 Town Hall Annex, 54375 NYS Route 25 P.O.Box 1179 N MSouthold, New York 11971-0959 Fax(631)765 9064 ZONING BOARD OF APPEALS DATE: December 5, 2022 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 5, 2023 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. Below, please see instructions required to prepare for the ZBA public hearing which includes: PLEASE READ CAREFULLY. 1. Yellow sign to post on your property a minimum of seven(7) days prior to your hearing,to be placed not more than 10 feet from the front property line (within your property) bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both street frontages. Posting should be done no later than December 28, 2022. To avoid weather damage to your sign please affix it to a sturdy surface such as plywood. If your sign is damaged please call the office and we will provide you with another one. Prior to your public hearing, members of the Board of Appeals will each conduct a personal inspection of your property. If a Board member reports that there is no signage visibly on display as required by law,your scheduled hearing will be adjourned to a later date to ensure compliance with Chapter 55-1 (B) 1 of the Town Code. 2. SC Tax Map with property numbers. 3. Legal Notice of in person meeting,as well as video conferencing. Instructions for participation will follow, and will be posted on the Town's Website under the meeting date, and the Legal Notice section of Suffolk Times Newspaper. 4. Affidavits of Mailings and Posting to be completed by you, notarized, and returned to our office along with the mailing receipts and green cards by December 28, 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 Hear,,,-.6 ` Page 2 MAILING INSTRUCTIONS: Please send by USPS Certified' Mail, Return Receipt 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 19, 2022. a. Legal Notice informing interested parties of meeting being conducted IN PERSON and via video conferencing. (Enclosed) A WEBLINK to the meeting will be provided on the Town's Website under the date of the meeting. b. Your Cover Letter which should include your contact information, date and time of hearing, procedures for submitting written comment via email or USPS to our office. Recipients should be able to contact you for additional information. Furthermore, if recipients need to contact the ZBA staff,they may telephone 631-765-1809 or email us at kimf a,southoldtowvm . ov or elizabeth.sakarello sgtown.southo ld.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>2010-2021 > 2021 http://southoldtownny.gov/DocumentCenter/View/8779/FinalRo11202I-Amended IMPORTANT INSTRUCTIONS: Scan and email the USPS mailing receipts, green signature cards and affidavits.to kimWs,ou_tholdtownny.goy, and ** PROMPTLY USPS MAIL** the ORIGINALS to the Town of Southold; ZBA, P.-O. Box 1179, Southold,NY 11971. Please note that without your mailing receipts, the ZBA will be prevented from conducting your hearing,pursuant to Chapter 55 of the Southold Town Code and New York State Law. Please note that you or your representative are required to attend. If you or your representative are not present, the hearing will be adjourned to the next available hearing date. Please be reminded that New York State Law requires the ZBA to follow the above specific policies. If for any reason, you are unable to prepare for your public hearing as instructed, please let us know. Kim E. Fuentes—Board Assistant i Laserfiche Instructions' for Zoning Board of Appeals Records .� ,� ,� y�,.•„•,r,4,,I a ,,;.a a„ u�"'}i r,d; '.'�� ,y'Ya r�a�', s't;:a , ;;<,cq•;'n:aru: 4et✓ion (!I Igo H,m:Do L.. � ��t,�. 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Click the Zoning Board of Appeals (ZBA)folder/link. j Laserfiche Instructions ZBA Files Page 2 Laserfiche WehLink !p•+�1'' Mtwau.:1 •+e._ 5;got:: Home Browse Search t-,—GiS.uviclid>Zoning Board of Aptieals(ZBA) Zoning Board of Appeals Nama Page count Temp'ata name (ZBA) AlpnaCetaallldea .. EntryProperties _ eoard.Actlons e Lase,Oche Searc Guides Path Meeting Schenuies Appeals(Zt�Al _ &lin1lsV;ge1dai/Legal Notices/Head'igs Creation date - Pending Report: Last modified :.07'14 Vo Special Event Permits -Trannng Requlremenrs ZSA Officals Nletadata ZBA Policles C.mc:adata:SS:et: t u E ephon5 List Code 280.100(3) , 1 lur dice-Usting t 26.:Book of Napped 1477 E,dmng Lots 189 ttedure&Results on,/heaahpap-:menr-usest I Sulk Schedules P Agreements Contracts&Leases Page'o.I 14 Entr(eS Above: Listed are types of records under ZBA Folder. ZBA Decisions can be found under Board Actions. Click on `Board Actions" folder to open. tu.Most Visited Getting Started o Southold,W-Officia... �''NetZero-My NetZero... -.'•Date Duration Calcula... ,Q TownOfSeuthold-Ls... s Seuthcld-Cor Laserfiche WebUnk v Home Browse Search Town0f5outhoio> in,g Board 0FA0;te615 i=5.A)=Boar0=.#tions:Pending Pending Name 9025 MAIN ROAD LLC,CARDINALE 2 Entry Properties - �; C&L RE%LTY-Withdrawn Path -;JEMCAP SD 4 LLC PECONIC RECYCLING TRUCK ,....,..., _ -THE ENCLAVES Creation date #7370--rend 1000-128-6-6 rzs;? :tt1:36.0;A_.A 97379-Solutions East 1000-13-3-1 Last modifled 6."2,020;:SSSS-A ='#7333-Spiller 1000.59.5-8.3 #73385=-HNF Resorts,Nlydon Resorts-Campground-1000-40-3-5 btetadata u 77385SE-Fried 1000.50-1-13.1 .:C met3da .hS+ neCi J;#7386 860 Bayview Drive-UC 1000-37.-5-10.1 :J,=7337 Hard Corner 1000-61-4-1 "1#7387 Hard Corner-SITE PLAN-Arch Plans',000-51-1 j#7388-?limon Irrev.Trust 1000-123.-2-20 97389 Benic 1000-71-1-4 ",'y e;;06 NaPpa 1000-8., Pdge) o;) Above, Lists all Pending Applications under Board Actions/Pending URL Address, Link is http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0 Laserfiche Instructions ZBA Files Page 3 Laserfiche WebLink V3. S- Horne Browse Search 2-11,8 D;,n 0 \OPLI: f-5�;>Beard Actions Board Actions flame Page count Template name Entry Propertie, 1957-1979 1980-1999 Path 2000 5 -,ZaM,3 200; Creation date 2002 :-1,:,-, 2003 Last modified 2004 • Zoos 2 Metadara 2006 2007 2008 2009 2010 &R-11I 2011 2013 2014 ?015 :016 2017 Pond.n. —zn ua.c Above: Board Actions are listed by year. Click folder to open. All Special Exception applications that require Coordinated SEQRA Analysis are stored in "Pending". 2017 j 45:3 367 .73 .lh a"- cr— r,dau, 70 1 —d east mIdIfled 11 75 t 7014 n6 aca.d.a4ns 70.: 7011 51 111.4 ations JG_J 335 sit— a— ms :is e—,j iW sc 7123 s.—4—i Above: See listed File Numbers. Click on file you are searching. r _ Laserfiche Instructions ZBA Files Page 4 Cashel Above: In addition searching by file no. You can also use the above search tool by typing the name or title of the applicant. Laserfiche V.'31:iLinR Home Browse Search Relevance ?e:9n1;a10::a;erer.•1;rd1 t r.R•y,.- 7R I6 Field nama Board ACflcn; 53 i%.gc(:? Page count:83 Template name:803rd Actions Reser 'a',a?...:Colin and Kristen Cashel PROPERTY LOCATION:152 Lower Shingle Hill,Fisher... 19.2017 a7016.CashM SCTIv1 No.1000.9.1-25 minimus approval to remo... 19.2017 a7016.Casnei SCRA No.1000-9-t-26 GRANT,the variances a5... xarh:—' _ -COLIN L KRISTEN CAS1:EL SEr TION 003 BLOC... a 20...Thomas Ahlgr—c3she11.PO Boz 332 Asners ls'and.Nv... 3 Shov:mor-7 informancn... 7018 .Hart„A:urn, Page count:56 Template name:Board Actions �acE-3...0:30 A.M.COUN CASHU AND Variances Under Article Id.Sectlon.ANN... -'A...ancptfl KR'ST EN CASHFL-7015 Requeu P(PaCSed trolls located in oder tha.. Show more information.. Above: Shows you files that can be found using a phrase, name or title. Or you can search by Tax Map No. (District, Block and Lot) using the format 1000-111.4-1. Laserfiche WabLink Z _tats ., a; Laserfiche instructions ZBA Files Page 5 Laserfiche WebLink 117,M Home Browse Search -Jwnofsout.•lodl 'O"n"5.;",J Of--,;pdalS fZ5A) 2017 2017 N— Page count T—plate..me - EntryPiriperoes ZBA-O 1105/2017 7 ZOA-01 10512017 Agenda 4 Path ZBA-01105/2017-ea,ng jo -.4 kpreols -BA-0110512017 LN 3 ZBA-01119i2017 2 Creation date ZBA-0111 9/2017 Agenda 2 1'V!A�20',2: I-A ZBA-02102/2017 7 Last modified ZBA-02I0Z12017 Agenda 4 t/19i`01. Ph' ZBA,02JO--12017 Ha-ng 45 Nietaclata ZBA.02,1021201-,LN 3 ZSA-02,116/2017 Agenda 3 2BA-02,11612017 Special 3 xd—&Results ZSA-03102/2017 7 ,rnjh..lth!pap--,—r=U-2 78A.03,02/2017 Agenda 4 7BA-D3/021201'Hearin, 65 ZBA-03;0'112017 IN 3 Z3A 0311 W2017Agencla 3 ZBA.03116/2017 Special 3 ZSA 0106/201 7 5 ZBA-Cx;06/2017 Agenda I ZSA-DC-0612017 rear.ng 45 Above: Agendas, Minutes and Transcripts are in chronological order. Revised 6/15/2020 f 1-,4 ' ' T I The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold The application will ALSO be available VIA ZOOM WEBINAR - Follow pink - httpmmllsoutholdtownny.g,,ov/calendar.aspx . 'AMEm KEKJS HEADQUARTERS LLC # 7718 SCTM # : 1 000- 1 02-5- 1 9 VARIANCE: NOT MORE THAN ONE APARTMENT ALLOWED ON ONE PARCEL 1AEQUESTE CONSTRUCT DECK ADDITION & ACCESSORY APARTMENT ON 2ND FLOOR OF PRE-EXISTING GARAGE 1 CATE THURS. , JAN . 5, 2023 10: 10 AM _ fou may review the file(s) on the town's website under Town Records/Weblink: ZBA/ Board Actions/ Pending. ZBA Office telephone (631 ) 765-1809 ZBA CHECK FEES - 2022 Funding Account - B2110.10 DATE NAME ZBA FILE# FEE CHECK# DATE SENT TO TCO 8/22/2022 Meringer,Amos 7716 $1,250.00 5198 8/26/2022 8/19/2022 Harbes Family Trust 7715 $250.00 576 8/26/2022 8/23/2022 Tzoumas, Nicholas 7717 $1,000.00 1325 8/26/2022 8/24/2022 K,�,�A,W--!: a ra' -.] 18F7�_i�., � X00 4230 8/26/2022 8/25/2022 460 Oyster Ponds Lane, LLC 7721 $1,000.00 1154 8/26/2022 $4,500.00 a �i��i'OVE® ® -� 77ao UG 26 2022 Ou d.®won Clerk C " " ( 'Mown of Southold '1 P.O Box 1179 ` Southold, NY 11971 * * * RECEIPT Date: 08/26/22 Receipt#: 305325 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7718-7719se $1,000.00 Total Paid: $1,000.00 Notes: Payment Type Amount Paid By CK#4230 $1,000.00 Schwartz, Mark Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Schwartz, Mark Po Box 933 Cutchogue, NY 11935 Clerk ID: LYNDAR Internal ID:7718-7719se 1 _ 3 BOARD MEMBERS �f soar Southold Town Hall Leslie Kanes Weisman,Chairperson �� y0 53095 Main Road•P.O.Box 1179 hO l0 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. • COQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento couSouthold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD August 24, 2022 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 : # 7718 KEKJS Headquarters LLC Action Requested : Construct a deck addition and an accessory apartment on the second floor of a pre-existing accessory garage with a room above. Within 500 feet of: (X) State or County Road ( ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land ( ) Boundary of Agricultural District (X) 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 Chairperson By: Survey/Site Plan : Mark Schwartz &Associates Date : 4/13/2022 SITE DATA: SCTM # 1000-102-05-19 DESCRIPTION: TOTAL: LOT COVERAGE: EXCAVATE: FILL: PROPERTY: 15422.2 SQ.FI'. 0.362 ACRES z o �EXISTING MAIN BUILDING: 1068.7 SQ.Fr. 6.9% EXISTING EXISTING EAST PORCH: 132.6 SQ.Ff. 0.9% EXISTING WEST PORCH: 92.3 SQ.FT. 0.6% - - a � EXISTING SHED: 250.1 SQ.Ff. 1.6% EXISTING GARAGE: 585.6 SQ.FP. 3.8% Z 0 W TOTAL: 2129.3 SQ.Ff. 13.8% A Q N!F ORLOWSKI Q HB ZONE E`3° S 40017'40" E 188.58' EL 0 00 ~ RECEIVED (EXISTING) W V to ro Bz. `8 AUG 2 2 202200 u EKISTINGZm. - =f SSS Zoning Board of Appeals N!F CENNEV - -- EXISTING HBZONE Lu •5155 -_ >> u= p WELL In �8 EXISTING 1 m. TY - ATE N E d„ EXU2STY. GARAGE h (ousnNtj � ' GARAGE 3 -M-2 EXISTING 4'Wlf)E EXISTING PARKING p. EL , �1 mC "'" 206.16 � 12"DIA._ - -- EXISTING PAlWNG - ----- - - --------- -- - • N °13'06" W FL rn �� (;, EXISTING PARKING A. EXISTING PARKING UTIL POLE 12"131 EXISTING PARKING t] • - F EI k2 LITIL.POLE 81 ' �J un NORTH STREET \�'ObayFQI s \�R V F EXISTING PARKING ®PRrnaT xnarN SF � � Arnim xnmN .1� � •i Y H820NE �YYY EXISTING SITE PLAN SUFFOH COUNfYWATER SCALE: 1" = 30'-0" °SCALE: H'"S BCAIE JOB q: a* ° � 4/131'-071 SHEETNUMBER: S-1 .1 SITE DATA: SCTM # 1000-102-05-19 DESCRIPTION: TOTAL: LOT COVERAGE: EXCAVATE: FILL: PROPERTY: 15422.2 SQ.FT. 0.362 ACRES co!) ESTIMATED AREA OF 7500 SQ.FT. z GROUND DISTURBANCE: O EXISTING MAIN BUILDING: 1068.7 SO,FT. 6.9% a EXISTING EXISTING EAST PORCH: 132.6 SQ.FT. 0.9% Q �j 88 EXISTING WEST PORCH: 92.3 SQ.FT. 0.6% z � EXISTING SHED: 250.1 SQ.FT. 1.6% W EXISTING GARAGE: 585.6 SQ.FT. 3.8% A 0 N/F ORLOVAKI `\ HB2ONE SUFFOLKCOUNTYWATER 3� \ PROPOSED 2ND.FL DECK 192.0 SQ.FT. 1.2% 10 CU.YD. 5 CU.YD- If D-/ =o S L).0°1 11['•011 E sEPncsvSTE A PROPOSED SEPTIC TO REMOVE: 25 CU YD 50 CU.YD. E1.3O _ _ 188.58' EL , O f'siLrFE�E-•- -----------.-. PROPOSED NEW SEPTIC: 50 CU YD. 25 CU.YD. • S11T FE•E �.I i ! , PROPOSED DRYWELL- 8'dia•4'deep 5 CU.YD. 3 CU.YD. Q 3 I� I ' TFST MOLE I OCATIOIN I W ICONCRETE NEW DRYWELL (EXISTING) WAS. FORjLOOF i I 1 AS EXISTING: 2129.3 SQ.FT. 13.89% U. 32R' 6.8' �,• swneta�wwo s I� ^- q� tn Q / PROPOSED`.�� 2Q , PROPOSED TOTAL: 2321.3 SQ.FT. 15.0% 90 CU.YD. 83 CU.YD. I` 'NO.- - I 00 U 9.D 1 DECK ` •-, IG i2 OHO __ b�* a 150' 0 ` - 12•DIA. O / TOUCH OF VENICE V ILLTj - -- --- EXISTING 2 SLI'. f� _ W IL POLE REMPANT I I BUILDING / J5155 HB ZONE W It 62' B.1' I Q FFOLK COUNTY WATER _ PROPOSED J 4'WIDESTA- SILTfENCE _ p�- I ZONE 4 N/F PENNEY O rn _ O ZONE ,^ EXIST HEDI SN. ^ j�E _ ALTFENCE -•, G LVELL W EXISTING 2�('ry"�{ 0. PROPOSEDRADDRIOFLf :r (EXISSINL) E 600 GALLONS PER DAY/ACRE ALLOWED o ALTERAnoNs�` i Cn 32 ACRES = 216 GPD �, 1 ExrNL N 216X2 = 432 GPD �c _ awoew.ws . n bu 2 ROOF AREA:690 SF -L IXOPARI�ONG CAREXISTING PARKNG �./• CI 0. 100%RUNOFF•2•RANIHR:115.2 CF , '" I .� MAIN BUILDING 1ST. FLOOR = 839 SF X .06 0 w IN p619CF CAP.). U EL'°- - 20(.� I EXISTING OFFICE = 50.34 GPD 12 ------ N °13'®6" W � � � 12"DIA. CONSTRUCTION ------- - - IXISTWGPARKING MAIN BUILDING 2ND. FLOOR = 225.00 GPD -- UTIL POLE PROPOSE ENTRANCE 12"Alla. EXISTING PARKING EXIfS1NL PARKING H2 TRDLS UTIL.POLE z n US BRACKETS Q; ti % EXISTING 2 BR APT. (742 SF) 'E d EXISTING TWO STORY GARAGE WITH = 150.00 GPD NORTH STREET \�'°LF �� PROPOSED 2ND. FLOOR 2 BR APT. ?yFgo (LESS THAN 600 SF) p� m u 0 TOTAL FLOW FOR PROPOSED SITE 425.34 GPD 425.34 IS LESS THAN ALLOWABLE 432 GPD p� EXITING PARKING rri PRDiFIT NDRM l�-^"A-i••1 u V 4 SZON �v q SUFFOLKCOUNIYWATER PROPOSED SITE PLAN KL LA26 2022 SCALE: 1" - 30'-0" DRAWN:Nit eals �' ,OB#: Of App �+ � ,' a/I3GD22 Zoning Board 7t SHEETNUM13ER -.-.-.-.-.-.-.-.-.-.-.-.-.-.- TOPOFRROO�. I�1 XISTINGASPHAIT 4 ROO TO MMAINE3 IASPHALT W 0ROOE SHINGLES W TO REMAIN v `q mm m m AND REPUCE w/NHG SHINGLES ARDIPUNK JEDIMI O W PAINSED VJHRE uU E-+ O I � N N A REMOVE EXISTING SHINGLES AND REPLACE w/HARD,PIAN PAINTED Vh1RE(TYPICAL) M M M O M MEMO O0M :... .:... .,. .... 11013013 ®®®® 3 PROPOSED NORTH ELEVATION PROPOSED WEST ELEVATION SCALE: 1/8" = 1'-0" ° SCALE: 1/8" = 1'-0" � d 4 _._._._._._._._._ ._._._._.—._.—._._._ ' E " ��- MOA sw3 \ j rQi N I ® O R;EED y MMOE MOOS AU221313®® 13130M®1313® ®130® Zoning q ,ir y ®®®® PPeu s EXISTING WEST ELEVATION EXISTING NORTH ELEVATION SCALE: 1/8" = 1'-0" DRAWN.MH,A,s SCALE: 1/8" = V-0" SGA JOB#.. 4113=22 SHEET NUMBER: A-1 { ISTINGASPHAL NG ASPHALT W ROOF SHINGLES ROOPSHINGIEf O TO REMA N TOLLJREMNN Fol W Ao REMOVE REPLACE./ RDIPL N ANDREPLACEw/HARDI AL) Q REMOVE E%ISUNG SHINGLES PAINTED WHrtE(iYNCAI) AND REPLACEw/HARDI PLAN PAINTED WHTEE(TYPICAU W PROPOSED SOUTH ELEVATION PROPOSED EAST ELEVATION „ _ ,_ „ �z SCALE: 1/8" = 1'-0" SCALE. 1/8 - 1 0 Lv»ii - N V u ��• n --------------- — - - ----------------- ZZ u ® mwi ® Vv y RE N AUG 2 2 2022 u rd �ts;� °f Appeap Z°nin9 603 � EXISTING EAST ELEVATION EXISTING SOUTH ELEVATION SCALE: 1/8" = 1'-0" SCALE: 1/8" = 1'-0" DRAWN:A41/MS -SCAM' IOB 9: 411 MUR SHE67NUMRER A-2 o � Q' 2a'-0' W ¢ z z DIP on a (EXISFING) - GARAGE 4 ./ rxa.• r ^Q • nx xn ----- 0 3 opo U LOMA N U 2a— EXISTING 1ST. FLOOR PLAN SCALE: 1/8" = 1'-0" 12 -_ Loning vto UNCONDITIONED RECREATION CATHEEIRALCEIEINGI `,. LL o --------------------------------------------- 2 4'—0" -------------------------------------------2a'-0- y EXISTING 2ND FLOOR PLAN SCALE: 1/8" = 1'-0" "'C"� R» n" SCALE: JOB#: 4;13!2022 SHEET NUMBER. A-3 RECEIVED AUG 2 6 202 H � 15'-6" Zoning Board of Appeals c) a 16'-0" 1- 6'-9" 6'-9" 1'- < Z 1 1 1 1 1 1 O 4W STAIR N DN 15R 11T j PROPOSED DECK 192.0 IF O 1 1 1 1 1 I I I I 4'-e" OM35 I I rte/ SIK DH REUSE EXIST. E4RE WINDOW �O 9'-1" 5'-" 8 EP" u' 2'-9lh" 6'-1" �+z 1....... ...... ...................... OPOS i HALF BATH 1 0 1 I .n 0 1 Ur REDROOM ® I N 0 94.6 SF p �DW 1 • 00 VV is I U PROPO,^SIS ' ' KITCHEN 1 ' ----• •-• '-------- ' I GARAGE/WORKSHOP N � _ 1 ' =N _ 9'-1 14'-O'A �T --------------------- 19. 94.63E I I a 6�0 fl'¢ iiI a r 24'-0" PROPOSED 2ND FLOOR PLAN PROPOSED 1ST. FLOOR PLAN SCALE: 1/8" = 1'-0" SCALE: 1/8" = 1'-0" N 5 PROJECT NORTH �y.v� " t PROJECT NORTH ,� u 41 DRAWN:MR IMS /SqY SCALL '�,� ,�q• p „yt ` JDs#: to V. 4/13T20'J' AIF(: SHEETNUMBEC p w Q :REEIVED w M g r ' L7onii PIER(EXPOSED)FOUNDATION2022� 9rd of Appeals Ile EXISTING SHED FOUNDATION � az SCALE: 1/8" = l'-0" < �o SHED&GARAGE MAIN BUILDING FROM SOUTH N r ,Y a m g 2�' 4 Y L 2 NFINI H D STO A E UNFINISHED STORAGE e long u _ O EXISTING SHED FLOOR PLA SCALE: 1/8" = 1'-0" u U. x GARAGE FROM SOUTH SHED SHED&MAIN BUILDING FROM NORTH y �* SITE PHOTOS ° �c 1LI_ 1()llJ !•. �O f 4130022 -- ` SHEET NUMBER. z � oW UNFINISHED-BASEMEN - Q 3 RECEIVED — ...... .-a-�-- — a AUG 2 2 2022 o - �'� 00U Zoning Board of A-0 UNFINISHED BASEMENT 0 N�a I U UP x �� F _ L — — — — — — — — — — — V La � 1 {� O EXISTING MAIN BUILDING .FOUNDATION SCALE: 1/8" = 1 -0 +«� , A �. DRAWN:MH/MS SCALE, JOB N: SHF.EI'NUIdNFp. .................................... �I] + O EX.BATH ------------- oW AAO O d EX.BATH EXISTIING BEDROOM EXISTING OFFICE ...... EXISTING OFFICE - D- 03 O ................ • .Yi DN. k7CI5TING BEDROOM EX.KITCHEN � O .................. ----------- 000 U ry N5 EXISTING OFFICE RECEIVE® EX.LIVING ROOMf OV AUG 2 2 2022 � EX.COVERED PORCH ' BRICKSIDEWAUC �^ � �4i Zoning Boardof Aa ppeals a � �sd EXISTING MAIN BUILDING 2ND. F LOO RBBICKSIDEWAM EX.COVERED PORCH H SCALE: 1/8" = V-0" i � a ' EXISTING MAIN BUILDING 1ST FLOOR SCALE. 1/8" - V-0 :tv k DRAWN:MHlMS SCALE. JOB 4/ I � -� SHEEETTNUMBER.BER �.._ A-7 OFFICE LOCATION: MAULING ADDRESS: Town Hall Annex ��®F S®U��® P.O.Box 1179 54375 State Road Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1809 ® a� http://southoldtownny.gov ZONING BOARD OF APPEALS Town of Southold January 24, 2023 Patricia Moore Attorney at Law 51020 Main Road Southold, NY 11971 Re: ZBA Application#7718, KEKJS Headquarters, LLC 28495 Main Road, Cutchogue SCTM No. 1000-102-5-19 Dear Mrs. Moore; Transmitted for your records is a copy of the Board's January 19, 2023 Findings, Deliberations and Determination,the original of which was filed with the Town Clerk regarding the above variance application. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of the attached determination to the Building Department. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured,and/or a subdivision map has not been filed with the Suffolk County Clerk,within three(3)years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one(1)year terms. IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN. Failure to comply in a timely manner may result in the denial by the Building Department of a Certificate of Occupancy, nullify the approved variance relief, and require a new variance application with public hearing before the Board of Appeals If you have any questions,please call the office. Siiicere'J, Kim E. Fuentes Board Assistant Encl. cc: Building Department LINEyI"' N314.282 K[[ S 1-� �I ��✓ LLQ, i (TOWNOFSOUTHOLD "\ QEVELOPMENTRlGHT5 y 23.7 \ \. 6.OA(c) _ 23.6 at62A(c) O 23.3 OUTCHOGUE a O• _/ CEA9EiERY t�J�6\/ ASSOCIATION R$ r�,,\�\. iy�-R•' _;%�\' ' 16.2 \ / , '{'s lo 9,2 \ 25.6A 796" >°'r' 4,A\'��'''' r`• ;', / HARVEST POINTE 9/ •,� \ '1 b.�q M1.`6 i CONDOMINIUM IL., f �•�~ ^1.6 r/O,['/,Jt y 726 �� ( `'^`�, �^ f,. .. ,'% BECTON 1 33.7 Yf/ `\ \ •,2 \.:13�,,� J!/ . ,�j� 'S,9(C f ' (COMMONAREA)12.1A (FOR UNITS SEE ,`` SEC,NO.10201) ry 23.1 17 ,P/0"^\Z" 6.0A(c) /, y ".UTCHOGUE SCHOOL / DISTRICT232 (COUNTYOF SUFFOLK 9.2 \ / \- ,.y§)� tI- DEVEiOF)dENT RIGHTS) 2.3A(c) ".^ \\,N 98 20.2 A / 33.4 `. 32.6A e 5.4A(c) () 33.5 \'� ,L�v `'.;< qia 13,1 i r 2l 2.9A �,. STATE OF // �j, .` /`\\ \� / ✓T''+ \.)y NEWYORK y' , � rjr^ \\G�\\;� CUTCHOGUE FIRE DISTRICT ^ ro Z 10 •, \ / �l � ROMAN CATHOLIC CHURCH W OF THE SACRED HEARTRy .i,. /: ry �,.` �es i;•'' %9/`-� s d n%\, �i f. �1. 10.1 ,/ &,� 24 \l N ro /'�\`3v\^ / n '✓ J�.���\ j.' '^i, Gy`q�,\ 2.3A �/off°3�so\t ^ / �,` ,l oc-pcysel \ �,.` \/�• ,F•"'�' '� _ `, % d, �'y .,N,310,482 LINE �,+ \� ._� ' . ;,�,'�� SqO S4 ,Y•1 .,�; COUNTY OFSUFFOLK © INaoa lona 'W"' SECTION NO. - _NOTICE K cgs .nvs o3T DISTRICT rro. 1000 E Real Property Tax Service Agency MPJNTFNANCE,ALTERATION,SALE OR Y no- W E DISTRIBUTION OF ANY PORTION OF THE 100a iaoa �po 300 C f,,Drilr.&—h-d.AY 11901 SUFFOLK COUNTY TA7(MAP IS PF20H®ITED mTOWN OF i0n 902 +OZL+ SOUTHOLD 102 �t38 xo 100 o u0 we WITHOUT'WRITTEN PERMISSON OF A THE P 1000. ���ldOQ � ,Iona VILLPDE OF Feet S+ REAL PROPERTY TAX 6EINICE AGENCY 108 i W 110 -