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Home My WebLink About7749 N3 1 8 t-7�4q &makA [to Ptr7h gym) 'z4-ttz;cf6jtL4-,t pa- Aak3- , ,m\reEl ' � 31 1 Owner: Kelley, Richard File #: 7749 Address: 1265 Bay Ave C ) Code: 17NP Agent Info � AMP Architecture R P.O. Box 152 Mattituck, NY 11952 r6 Phone: 631-603-9092 Fax: Email: jmagee@amparchitect.com U 1 , ND J� BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson ®F $®UJB 53095 Main Road e P.O. Box 1179 Patricia Acampora ®� ®�® Southold,NY 11971-0959 Eric Dantes Office Location: Robert Lehnert, Jr. Town Annex/First Floor ® O Nicholas Planamento 54375 Main Road(at Youngs Avenue) � OWN, Southold,NY 11971 RECEIVED http://southoldtownny.gov OL Puj ��, �nZONING BOARD OF APPEALS /" TOWN OF SOUTHOLD M")o JAO 2023 Tel. (631) 765-1809 S uth® �� C erk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MARCH 16, 2023 ZBA FILE: #7749 NAME OF APPLICANT: Richard Kelley PROPERTY LOCATION: 1265 Bay Avenue, Mattituck,NY. SCTM No. 1000-143-5-1. 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 not required to be referred to the Suffolk County Department of Planning under the Suffolk County Administrative Code Sections A 14-14 to 23. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The subject property is a non-conforming 18,750 square feet parcel located in an R-40 Zoning District. The parcel is a corner lot,that runs 75.00 feet along Bay Avenue,runs 250.00 feet along Riley Avenue, runs 75.00 feet on the East side and runs 250.00 feet on the South side. The parcel is improved with a one-story frame house and a frame garage. All is shown on a survey prepared by Joshua R Wicks L.L.S., last revised March 18, 2022. BASIS OF APPLICATION: Request for a Variance from Article III, Section 280-15 and the Building Inspector's December 6, 2022 Notice of Disapproval based on an application to demolish (as per Town Code definition) and reconstruct an accessory building containing an accessory apartment; at; 1) located less than the code required minimum side yard setback of 5 feet; located at: 1265 Bay Avenue, Mattituck,NY. SCTM No. 1000-143-5-1. RELIEF REQUESTED: The applicant requests a variance to demolish(as per Town Code) an accessory building, (frmed garage) while maintaining the non-conforming side yard setback of 3 feet. Town code requires a minimum side yard setback of 5 feet for accessory structures on this size lot. In a related special exception application ZBA No. 7748SE, the applicant proposes to add additions to the accessory structure and convert the use to an accessory apartment ADDITIONAL INFORMATION: The parcel has the benefit of preexisting Certificate of Occupancy No Z-28984 for a one family dwelling with rear enclosed entryway and accessory one car garage. The applicant's representative stated that the single-family dwelling and a proposed accessory apartment will be served by an Innovative Advanced (I/A) Septic System. Page 2, March 16,2023 #7749 Area Variance, Kelley SCTM No. 1000-143-5-1 At the hearing an adjacent neighbor requested evergreen screening along their shared property line since a proposed addition to the accessory structure will reduce the existing 27.5 foot setback from that property line to 16 feet A storage loft currently exists in the accessory building that was built by the prior owner, which the applicant stated, would be e removed. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on March 2, 2022 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The neighborhood is a residential neighborhood consisting of single- family homes with accessory structures. Apartments in existing legal structures are a permitted accessory use to single family homes. Granting of this variance will not lead to any change in the character of the neighborhood since no change in the legally existing non-conforming setback is proposed and all other proposed additions are at conforming setbacks. 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant can cannot be achieved by some method,feasible for the applicant to pursue, other than an area variance. The existing garage is a pre-existing non-conforming structure and has been in its present location since prior to zoning. Any change to the use of the structure will require dimensional variance setback relief for the pre-existing non-conforming setback. 3. Town Law 4267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 40%relief from the code. However, the portion of the structure that encroaches on the side yard setback already exists and the portions that will be added will be code conforming. 4. Town Law§267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood.The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. The applicant proposes to install new n IA sanitary system to service the dwelling and accessory apartment(ZBA No. 7748SE). 5. Town Law.§267-b(3)(b)(5). The difficulty 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§267-b. Grant of requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an accessory apartment 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 Lehnert,and duly carried,to GRANT the variance as applied for, and shown on the Architectural plans by Anthony Portillo, Architect, labeled SDI thru SD4, and dated October 4, 2022. SUBJECT TO THE FOLLOWING CONDITIONS: 1) The applicant shall plant a row of 6 feet tall arborvitae or similar evergreen screening, six (6) feet apart running along the East property lines from the Northeast corner of the lot that shall have a 44 foot setback from Riley Avenue 1 a f Page 3,March 16,2023 #7749 Area Variance,Kelley SCTM No. 1000-143-5-1 2) The applicant shall submit an updated site plan showing the line of arborvitae screening to the Zoning Board of Appeals prior to applying for a building permit. 3) Installation of an Innovative Advance(I/A)Sanitary System as approved by the Suffolk County Department of Health Services to serve the single-family dwelling and the accessory apartment as proposed in Special Exception Application#7748SE. This approval shall not be deemed effective until the required conditions have been met.At the discretion of the Board of Appeals,failure to comply with the above conditions may render this decision null and void 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. Any deviation from the variances)granted herein as shown on the architectural drawings,site plan and/or survey cited above,such as alterations, extensions, demolitions, or demolitions 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. TIlVIE 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/or a subdivision map has not been filed with the Suffolk County Clerk,within three(3)years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration,grant an extension not to exceed three(3)consecutive one(1) year terms.IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE CODE REQUIRED.TIME FRAME DESCRIBED HEREIN.Failure to comply in a timely manner may result in the denial by the Building.Department of a Certificate of Occupancy,nullify the approved variance relief,and require a new variance application with public hearing before the Board of Appeals Vote of the Board: Ayes: Members Weisman(Chairperson),Acampora,Dantes;and Lehnert(4-0). (Member Planamento Recused) Leslie Kanes Weisman, Chairperson Approved for filing 3 /��' /2023 Fuentes, Kim From: Brooke Epperson <bepperson@amparchitect.com> Sent: Monday, September 25, 2023 3:36 PM To: Fuentes, Kim Cc: Sakarellos, Elizabeth;Westermann, Donna Subject: Re: Kelley ZBA Approval #7749 Great,thank you! Brooke Epperson Design Director A M P Architecture Design + Build Office: 631-603-9092 www.amparchitect.com On Mon,Sep 25, 2023 at 3:29 PM Fuentes, Kim<kim.fuentes@town.southold.ny.us>wrote: Hi Brooke, F During the Special Meeting of September 21, 2023, the Board members reviewed the amended site plan prepared by Anthony Portillo, last revised September 18, 2023, and agreed that the amended features; i.e., landscaping and septic system, conforms to their conditions of approval I of March 16, 2023. Thanky ou. I i +t3 I I jKim E. Fuentes Board Assistant Zoning Board of Appeals Coordinator, Historic Preservation Commission 631-765-1809 kim& goutholdtownny.gov i Location: 54375 Main Road i Mail:P.O. Box 1179 Southold, NY 11971 i I I From: Brooke .. _.____.__.. _.__.._...�....__�..._....__..._...�,�.._., .._---n_..__.__._.__._.__._....._._�__..�...._.,__m.__....._.,__._�_.w......___...__.W._.........._._._.__._._.... Epperson<bePPerson@amparchitect.com> Sent:Thursday,August 10, 2023 4:45 PM To: Fuentes, Kim <kim.fuentes@town.southold.ny.us> Subject: Re: Kelley ZBA Approval#7749 I ( I I Got it,thank you. No further questions at this time. (Can you tell I just read that whole thing) i i On Thu,Aug 10, 2023,4:26 PM Fuentes, Kim<kim.fuentes@town.southold.nv.us>wrote: I Hi Brooke, II See attached portion of the transcript of 3/2/23 describing the condition,which can be found on Laserfiche. jIf needed, I will bring this to the Board's attention during the next meeting. 2 cc PROJECT / ZONING DATA (ACCE550RY APTJ LOT COVERAGE ACCESSORY APARTMENT IN EXISTING DETACHED STRUCTURE H TAX MAP# 1000-145-5-1 SOUTHOLD TOWN CODE 280-1245 r m W SOUTHOLD TOWN CODE 280-19 (8 5U55EGUENTLY 280-15) o o 3 z= ZONING DISTRICT R-40 NG DESCRIPTION(FOOTPRINT) AREA GO A 1;3." =a LOT AREA 0.4 ACRES ALLOWED EXIST. PROP05ED COMPLIES W o o W X. GofO -DWELLING d ACCESSORY TOTAL LOT AREA 18150.00 S.F. o 0 am a I3 ONE GAR GARAGE NO.Z-28984 10/10/02 MAXIMUM HEIGHT IS' 14'-6" 16'-i" YES m - EXISTING I STORY FRAME HOUSE "101 S.F. 5.8% a N z Y W FEMA FLOOD ZONE X z o w'v o m a MINIMUM SIDE YARD 5.0' 5.0' 5.0' NO o 3 m W o g w EXISTING ACCESSORY BUILDING 529 S.F. 1.5% o=z.J ix SOUTHOLD ZBA SPECIAL #SE'7-148;MARCH 20,2025 m z z it oz¢m EXCEPTION PROP. ACCESSORY ADDITION 421 S.F. 2.2% MINIMUM REAR YARD 5.0' 21.5' 16.0' ` SOUTHOLD ZBA AREA VARIANCE #1149;MARCH 20,2025o N a LL PROP. SCREEN PORCH 64 S.F. 0.5% MINIMUM FRONT YARD 55.0' 51.8' 442' YES c m o o¢ U ry Z p�0 2 SUFFOLK COUNTY HD APPROVAL PENDING6 $EDROOMS PROPOSED STOOPS (>50 S.FJ 40 S.F. 02% a o o 3 MAX. SQUARE FOOTAGE 1,000 S.F. 529 S.F. 905 S.F. YES c o z W-W a PROP. BILCO ENTRANCE W o z o r' (PROJECTING>6' FROM WALL) 55 S.F. 0.2% ` ma y" S o 3 u a o.o w � w om PROP05ED OUT SHOWER 16 S.F. 0.1% SITE LAYOUT NOTES: i a Z m a LL l^y TOTAL AREA OF ALL STRUCTURES 1610 S.F. 8.6% I. THIS 15 AN ARCHITECT'S SITE PLAN d 15 Z N M w-=Q SUBJECT TO VERIFICATION BY A LICENSED o \v/ I RECENED SURVEYOR. THE INFORMATION m x 3 Q o **MAXIMUM LOT COVERAGE ALLOWED -20% REPRESENTED ON THI5 SITE PLAN 15 TO THE � ° ` ARCHITECT'S BEST OF KNOWLEDGE. a w iE 9 o 2. 4 O 2023 1 `'E p "02` SURVEY INFORMATION WA5 OBTAINED FROM ] o m g m F o SEP A SURVEY DATED JANUARY 10,2022, N N m i<cri o UPDATED MARCH 18,2022, E PREPARED BY: o ti w i ZONII�Ift 80ARD 0FAAP 9� w m o o a L+ I JOSHUA R.KICKS PL.S. r o o a" PO BOX 593 �' � a I CENTER MORICHES,NY 11934 `+'� cT f TELEPHONE: (651) 405 8108 b L— _ S-lo°5I '00"W POLE_ _ - _ - - - - - - - - - - 250.00 - - - - UTILITY � -- _ ^' _ 5' _ 5'It — SIDE YARD SETG0U BACK (AGE55RY �.� 4-1 lu Lu Q — GONG. COVERS L(1 T— I LL "Rn �, r 0.1�. p� p Q LH i ^ 1(D D U O 5GREEN OPOSED p O p 22.5' Q 1 L ❑ in� PORCH TEST HOLE 1 N \� PROP05ED ADDITION l� EL.=15.1' ENCLOSED \ �: I STORY ENTRY •t FRAME HOUSE � *,I ,-- W I � GONG. 6.4'STOOP 10' 0X7- 1 PARKING in 22.5' Nw1 <P - - - _ _ TYP. 1 13 (L w �� IQ z 'Ho �YQ .2 I m � ! J >�� EXIST. O 1 — I 0 z �J GRAVEL Z ! W N Q Y I LI rn 0 - `— — — RIVEWAY — — -- — — — — — — — — —J 1 Y V � � 250.00' a � a - - - - - - - - - - t , b PROP. 6' TALL ARBORVITAE OR -.� � � a a 51MILAREVERGREEN, PLANTED bUT�LTY.- - - - - - - - - - - - - - - - - - � � �" 0 51X FEET APART 5 POLE1�%E. f-� 44' FROM RILEY AVI� INAL MAP !! SEP 21 202 REVIEWED BY ZBA ARD OF APPEALS r. :. NG BO N M DECISION# �` ZONING ��, i ., tea DATED: 3l� ��3 `� ,•��. ��.�E_,��..a� \ PROPOSED 51 TE PLAN E o'Z "• ui Iii - r c7 r i Pi2CJJE6T`j z6NINO' TAX MAP x 1000-143-5-1 ,�GGE55DRY•5'fRUG'N¢Z,�..j�G?tliF�ME =-= �wama ZONING DISTRICT R-40 NG EXIST. PROPOSED COMPLIES o 0 3 a g a za'0wam LOT AREA 0.4 ACRES a i='_.o, MAXIMUM HEIGHT 18' 14'-6" I4'-b" YES =w� LL o GofO-DWELLING 3 ACCESSORY ONE GAR GARAGE NO.Z-28984 10/10/02 z z w w z z MINIMUM SIDE YARD 10.0' 5.0' 3.0' NO FI AP a_t w L4T GDVER! GE 16.0' YES a U MINIMUM REAR YARD lO.O' 2i.5' Melia %LOT w M MINIMUM FRONT YARD 50.0' 51.8' 44.1' NO BY i a DESCRIPTION (FOOTPRINT) AREA COVERAGE �c W n a z= MAX. SQUARE FOOTAGE i50 S.F. 329.0 S.F. "11.7.0 S.F. YES ' � , S�Q [,f L s `-'1 a°a a TOTAL LOT AREA 18,150.0 S.F. 1 1 o-o ZZ>1 EXI5TING I STORY FRAME HOUSE 806.8 S.F. 3.8% { D� �. o z a w a= of EXISTING ACCESSORY BUILDING 329.5 S.F. l b% p E�'��°y�� z=o Z w c�i w I' �o¢aaaa sIsU F=ow�w PROP.ACCESSORY ADDITION 412.0 S.F. 2.2% 222 SITE LAYOUT NOTES: rc m a==. _ I. THI5 IS AN ARCHITECT'S SITE PLAN B 15 f v 44 a a= PROP.SCREEN PORCH 64.05.F. 0.3% pEC SUBJECT TO VERIFICATION BY A LICENSED SURVEYOR. THE INFORMATION TOTAL AREA OF ALL STRUCTURES 1512.1 S.F. 8.1% REPRESENTED ON THIS SITE PLAN 15 TO THE Zoning Board of Appeals ARCHITEGT'5 BEST OF KNOWLEDGE. 2.SURVEY INFORMATION WAS OBTAINED FROM A SURVEY DATED JANUARY 10,2022, UPDATED MARCH I8,2022, 8 PREPARED BY: ^^,, JOSHUA R.WICKS P.L.5. W PO BOX 593 70 CENTER MORICHES,NY 11,154 I I TELEPHONE: (631) 405 5105 1 • -j U o � m UTILITY +. POLE SIDE YO ARD SETBACK (AGGE55RY) o C) C - — P}- - 0) 1 LuILL u ILImm �I Q 4 Q l 1 GONG. COVERS 0 V� ��///// 10.0 N�p0, I p T— 1 •tj IL Iw 3.4' Q } cVt `r 1 Q4 16.3' 10.0,:0 PROPOSED 22.5' ENCLOSED I w Y � SCREEN TEST � v PORCH 1oC HOLE ENTRY N m JCC EL. 1W `� PROPOSED ADDITION m 1 STORY FRAME HOUSE 4 I 1 FRAME 6.4' I STOOP o = ~F N �\O 10'X20' i 22.5' Q C. w m O �- I ARKING 0.0 O az wI p 2 1 m I w w U) a EXIST. I — Y (n m — — — — — , — — — — — — —— — — — — --L— — — — — \ �� 0LL G N70°31'00"E 250.00' o '� b 0 UTILITY <* 0 POLE `L '� 1 a. tn9�� 0 740'J � � N M [ A o e a m x �F�� w \ 6RARfIG SGAI2 �..�' ski PROP05ED S 1 TE PLAN SCALE: 1" = 20'-0" o a OENERAL S"rME30L KEY: EXISTING TO REMAIN M=4 NEK FOUNDATION WALL NEW NO=FRAME . -_7 '0 z pO Z Z 4 z6 -Z'w:39-;= N OHO I- 7: X 0 M Oz lz T 1 z. Za 1.-z 0. EXIST.SLAB .2-14 RECF,-I\IED OW40'sp w I S'12 Oz 3: z 'OF'Osw DEC ZP. 5.2 -IW w wz am eals Zoning Board of APP ....................................................... PROPOSED Sr. 7C) 4-j C) Q) M PROPOSED BASEMENT PLAN SCALE: 1/5"= 1'-0" 0 5cL. Ft. EX15TINO; 575 Sq,. Ft. PROPOSED C U) -D 0 �210*jf1211QY� cl �6-,Lim Tjf S'SMACK LINE IN < -ASTS KALI. ZlftTNO KOLL FM'KAN � PROPOSED Ow SHOPM KNOI taw(05 M. 2 W CASE SON IM.� ! SEE - -ECISION 7- 13ATHROOM -0 M' PROPOSED �a- LL, Lf) L.+ DATED_3 Z TA LLQ.......... LU = J-1 �ATHEPRAL CEILING- Ws -j Qz PROPOSED uj M LO MMY FMF. (D 221 a LU m C-4 IL N �ATHEM�-CEL �IN =DAR 'x4'M --VNWATED- 46 < CNI (P cv .A 4� 0 10 0 740 0 PROPOSED FIRST FLOOR PLAN A 2u 0 5:211 Sq,. Ft. EXISTING;-141 5q. Ft. PROP05ED SCALE: IW V-O' �a v oQ = wo aF3 HIM a f° I 0 za�Wam =mm � o DECEIVE® Q p W W Z UO O DEC 0-7 o2d-?U m O.O H W W O O p O d aW �¢ �woap= ¢z rd of Appeals N N=?o Zoning Boa LINE OF 5'9ETBKX o m IZ ¢pZ�QYymj OwQp1-Or 'i Q Z -z ,Q a I i 1 — g�c�is�c�iw ' ( w o m-z F m _ W Z U H OK U m �Q ap YyO_yy ! TFE%ISTINB WALLS TO FaD+ NORTH ELEVATION (FRONT) WEST ELEVATION (RIGHT SIDE) 1 j SCALE: 1/8" = I'-O" SCALE: 1/4" = P-O" C.) W W M/•�y� C </ "U LL Q LINE OF 7.9ETBACA Is 5P I v CN E E ! a- W Lo E%15TIN6 WALLS TO F✓EMAIN + it \\ 1i j ! .1 1 i \ / 1 1 1 1 + ! +Ilil�� ', ! Q z e•I Z 4 ! W I= > } t W � a Y Y-3'-0. 5110YER QJf ENOY♦ER Y W m EAST ELEVATION (LEFT SIDE) SOUTH ELEV N � SCALE: IB"= 1'-O" SCALE: 1/8" J Q SIIL NAL MAP ,5� � p REVIEWED BY ZRA - DECISION # �� * ¢ z y N N 0 374 ! ATF OF N o a J OENERAL SYMBOL <EY: a EXI5TINO TO REMAIN 0=1 NEY1 rMhVATION WALLw i m a ak MON NEW WOOD FRAM �� o¢ za�w¢m m ¢F?�oLL RECEIVED z a W a DEC 07 2022 o=af"� wwofos ozm." w O O o S i 'amaw Zoning Board of App eals zma zZaa =z O W�.0 55..1 U U m w z Q z mu K 0 2 Q Y w EXIST. BATHROOM TO BE DEMOLI5HED °�_Owl l° za�z 4Zag U' a W m O¢ Q z u.QHQ Q�W UN�Ww 6 W U > DEMOLITION NOTE: W Z$=o$N REF'I I /� �� PROVIDE SHORING AND SUPPORT TO ALL AFFECTED a a a a I i� IL STRUCTURAL MEMBERS PRIOR TO THE COMMENCEMENT OF ANY DEMOLITION OR CONSTRUCTION. ------------ -- �_=�_� K-----J EXIST�\_i I I III BATHROOM TEMPORARY 5HORINO/DEMO SEQUENCING NOTES: I. INSTALL TEMP. POSTS 8 GIRDER PER DEMOLITION L PLAN 8 PER DETAILS. 2.REMOVE EXIST. GIRDER. ALL EXI5TINO CABINETS, 5.INSTALL NEW GIRDER PER PROPOSED PLANS;SECURE PLUMBING FIXTURES 8 EXIST. FLOOR JOISTS TO NEW GIRDER. U APPLIANCES TO BE REMOVED 4.REMOVE TEMP. POSTS 8 GIRDERS. (3) m EXIST. WINDOW TO BE REMOVED III I Nu i U C Ill I EXIST. Q ACCESSORY II � APARTMENT QI I ^-51LAB ON GRADE I 329 S.F. I Q 1 II I 'I � II EXIST. DOOR TO BE REMOVED-/ +I� I 'I 'FINAL- MAP REVIEWED ax ZSA EXIST. WINDOW TO BE REMOVED i i N H ----------------------____� ---J I SEE DECISION'#� Q = CD DATED _SLUX EXIST. DOOR TO BE REMOVED I J Q z I I W N Q Y -CONCRETE APRON^- Lu WLO F L———————————————— —J U N — EXIST. GONG. TO BE DEMOLISHED LL Q Q DAP C,�i o 0. PROPOSED DEMOLITION PLAN SOALE� I/4"= I'-O' N cm A � o Q 0 741136 �o s o a AAMIt. AMC RECEIVED ILLY A VENUE ; JOSHUA R. WICKS P . Ls S 10 �.1 SURVEYED BY:J.R.W. _DRAWN BY:J.R.W. JOB NO.:JRW22-00 _W wlYwNW-w w��V U MILL-lt w-N-R-WWAIGTC MAIN IYNW-WW_w_w. q. N.-R'-WW-w'-w-K�W._wy,.-W P.O. BOX 593 CL. ;I W Center Moriches, N.Y. 11934 13.56' N 70 31 '00" E 250.00 GL 7(��n/� �� ,.� /� ^.,1^ 11.s3' JoshuaRYVicks®gmail.com GAS—GA.i GAS GAS—GAS—GAS—GAS Qrt ,0�g--I-+oaF-1.1--1f5 APP.ea[jGA —GAS—GAS—GAS—GA$--N GAS GAS—GAS—GAS—GAS—GAS--GAS—GAS—GAS—GAS—GAS—GAS— /-/C #631-405-8108 EDGE OF PAVEMENT EP 11.81' V =i } z� GRAPHIC SCALE iFE LITILFE•NP LLE —RICAKET 0 1 2 3( ¢ I 6.3'N POLE 3' PICKET FE. 5.2' $R— —3' FE. 3 gEN (30) (60) 9G) L It (1) < POLE — — — (3) ELEV. ° 114.10' _ � / �C 1V�6'W z3 V ELEV. ��' GRAVEL DRIVEWAY O! PPOPEPTY w % , 13.79' ' ELEV. / O<\ 3 50.0 9 13.ss' p Cot 5 -Ma of 3 O 1 ST64' �� SFR. RESi`u, �\a Z � o o Property of George H. Ww N #1265./ \ s Y I PIAT. F.FL=15.94 �s.4' yS \ Q) 0) , RIDGE=31 50 STEPS \ William T. and D.T. Riley �. �; a 14.0' \`22. ' �a STEPS ss � \ N LO 4\� \SS LOT 5 CONIC' Lj 0 Filed.,November 27, 1928 - Ma No, 186 05' \ COVER r 16.3_ w p PERGOLA d � ELEV. o �FS WATER SERVy(CE G ss—ss�ss SANITARY LINE WOOD I o�E"^ Sl � \ w� UTIL 114.70; R�� / CON 5s/ ss ss ��4o PECK `�'�J 11.65' COvER� NW-07'a)Ck 1"OWN OF 50U1NOC1 CL. I POLE 0.8 N 4' CHAIN LINK FE. 6' STOCKADE FE. _ \ \ �.9 W 0.4'W 5LIFFOV COUNTY, NSW 0W i 13.90' \ � � MAP - - - - - , — ` LINE SHED 5uffolk Country fax Map Na; TAX LOT 2 T \ TAX LOT 3 3:0' ( 1000-1-45,00-05,00'001,000 / I \ \ I PATS 5U\\/MP: 01/10/2022 / / S 70031 '00" W � 250. 00 ' UPPATW 5UPMY; �/18/2022 / \ 5CAL : 1''-3O' a WELL 0 o LOT AREA 18,750.00 S.F. 0.43 ACRE(S) �F-OF NEW r R. yyv O� GUARANTIM .-TO: RICHARD KELLEY & MICHELE KELLEY FIDELITY NATIONAL TITLE INSURANCE SERVICES LLC *ALL ELEVATIONS REFER TO NAVD88'DATUM THE FEDERAL SAVINGS BANK l�C� �0- 05102 WELL tisF� LAND CHECKED BY: (1) UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY MAP BEARING A LICENSED LAND SURVEYOR'S SEAL IS A VICLATICN OF SECTION 7209, SUB—DIVISION 2, OF NEW YORK STATE EDUCATION LAW. (2) ONLY BOUNDARY SURVEY MAPS WITH ThE SURVEYOR'S EMBOSSED SEAL ARE GENUINE TRUE AND CORRECT COPIES OF THE SURVEYOR'S ORIGINAL WORK AND OPINION. (3) CERTIFICATIONS ON THIS BOUNDARY SURVEY MAP Ljj SIGNIFY THAT THE MAP WAS PREPARED IN ACCORDANCE WITH THE CURRENT EXISTING CODE OF PRACTICE FOR LAND SURVEYS ADOPTED BY THE NEW YORK STATE ASSOCIATION OF PROFESSIONAL LAND SURVEYORS, INC. THE CERT.FICATION IS LIMITED TO PERSONS FOR WHOM THE BOUNDARY SURVEY MAP IS PREPARED, TO THE TITLE COMPANY, TO THE GOVERNMENTAL.AGENCY, AND TO THE LENDING INSTITUTION LISTED ON THIS I— BOUNDARY SURVEY MAP. (4) THE CERTIFICATIONS HEREIN ARE NOT TRANSFERABLE. (5) THE LOCATION OF UNDERGROUND IMPROVEMENTS OR ENCROACHMENTS ARE NOT ALWAYS KNOWN AND OFTEN MUST BE ESTIMATED, IF ANY UNDERGROUND IMPROVEMENTS OR ENCROACHMENTS EXIST OR ARE SHOWN, THE IMPROVEMENTS OR ENCROACHMENTS ARE NOT COVERED BY THIS SURVEY. (6) THE OFFSET (OR DIMENSIONS) SHOWN HEREON 0 FROM THE STRUCTURES TO THE PROPERTY LINES ARE FOR A SPECIFIC PURPOSE AND USE AND THEREFORE ARE NOT INTENDED TO GUIDE THE ERECTION OF FENCES, RETAINING WALLS, POOLS, PATIOS PLANTING AREAS, ADDITIONS TO BUILDINGS, AND ANY OTHER TYPE OF CONSTRUCTION. (7) PROPERTY CORNER MONUMENTS WERE NOT SET AS PART OF THIS SURVEY. (B) THIS SURVEY WAS PERFORMED WITH A TRIMBLE S8 ROBOTIC z TOTAL STATION. (9) THE EXISTENCE OF RIGHT OF WAYS AND/OR EASEMENTS OF RECORD IF ANY, NOT SHOWN ARE NOT GUARANTEED. _ {.._. Irlp FORM NO. 3 RECEIVED TOWN OF SOUTHOLD DEC p:7 2022 BUILDING DEPARTMENT of Appeals SOUTHOLD,N.Y. Zoning Board NOTICE OF DISAPPROVAL DATE: September 9, 2022 RENEWED: December 6, 2022 TO: AMP Architecture (Kelley) 10200 Main Road, Unit 3A Mattituck,NY 11952 Please take notice that your application dated August 2, 2022: For permit to: demolish(as per Town Code definition) and reconstruct an accessory building containing an accessory apartment at: Location of property: 1265 Bay Avenue, Mattituck,NY County Tax Map No. 1000—Section 143 Block 5 Lot 1 Is returned herewith and disapproved on the following grounds: The proposed construction on this nonconforming 18,750 square foot lot in the R-40 District is not permitted pursuant to Article III Section 280-15• Accessory Buildings and Structures; which states lots measuring 10,000-19,999 square feet in size require side and rear setbacks of 5 feet. The proposed garage has a side yard setback of 3 feet. Special Exception approval is required for the proposed accessory apartment in the accessory building. 4 - Authorized Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. FORM NO. 3 TOWN OF SOUTHOLD RECEIVED BUILDING DEPARTMENT OECAI1 2022 SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL Zoning Board of Appeals DATE: September 9,2022 TO: AMP Architecture(Kelley) 10200 Main Road, Unit 3A Mattituck,NY 11952 Please take notice that your application dated August 2,2022: For permit to: demolish(as per Town Code definition)and reconstruct an accessory building containing an accessory apartment at: Location of property:.1265 Bay Avenue,Mattituck,NY County Tax Map No. 1000—Section 143 Block 5 Lot 1 Is returned herewith and disapproved on the following grounds: The proposed construction, on this nonconforming 18.750 square foot lot in the R-40 District. is not permitted pursuant to Article III Section 280-15:Accessory Buildings and Structures: which states lots measuring 10.0.00-19.999 square feet in size require side and rear setbacks of 5 feet. The proposed garage has a side vard setback of 3 feet. Special Exception approval is required for the proposed accessory apartment in the accessory building. ffb Authorized Signa ure 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. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APP AREA VARIANCE RECEIVED House No. 1265 Street Bay,Ave Hamlet Mattituck 2oz2 SCTM 1000 Section 143 Block 5 Lot(s) I Lot Size 18,75sf Zone R-40 NC Zoning Board of Appeals I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDIN DATED 9/9/22 BASED ON SURVEY/SITE PLAN DATED 6/23/22 Owner(s): RICHARD KELLEY 1 Mailing Address: 1265 BAY AVE MATTITUCK NY 11952 Telephone: 917-981-7703 . Fax: Email: rkelley03O2@gmail.com NOTE:In addition to the above,please complete below if application is signed by applicant's attorney,agent,architect, builder,contract vendee,etc.and name of person who agent represents: Name of Representative:AMP Architecture for(X)Owner( )Other: Address: 10200 Main Rd Unit 3A Mattituck NY 11952 Telephone:631-603-9092 Fax: Email:images@amparchitect.com Please check to specify who you wish correspondence to be mailed to,from the above names: ( )Applicant/Owner(s), (X)Authorized Representative, ( )Other Name/Address below, WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 6/23/22 and DENIED AN APPLICATION DATED 9/9/22 FOR: ( )Building Permit ( )Certificate of Occupancy ( )Pre-Certificate of Occupancy ( )Change of Use ( )Permit for As-Built Construction ( )Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: III Section: 280 Subsection: 15 Type of Appeal. An Appeal is made for: (x)A Variance to the Zoning Code or Zoning Map. ( )A Variance due to lack of access required by New York Town Law-Section 280-A. ( )Interpretation of the Town Code,Article Section ( )Reversal or Other A prior appeal( )has, (K)has not been made at any time with respect to this property,UNDER Appeal No(s). Year(s). . (Please be sure to research before completing this question or call our officefor assistance) Name of Owner: ZBA File# REASONS FOR APPEAL (Please be specific, additional sheets may be used with preparer's signature notarized): 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted,because: The existing accessory building is currently non-conforming.The addition wEa racter o he neighborhood. 2022 2.The benefit sought by the applicant CANNOT be achieved by some method f � �r�su other than an area variance,because: The existing building is already non-conforming.The owners would like to add additional living space to the building without demolishing the existing structure. 3.The amount of relief requested is not substantial because: The existing building is already non conforming.We are not encroaching on the existing setback and are proposing a 412 sf addition. 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The proposed additions will be built and designed to the best possible means for protecting the environment. 5.Has the alleged difficulty been self-created? { } Yes,or{x}No Why: The existing building is already non-conforming. Are there any Covenants or Restrictions concerning this land? {x}No { } Yes(please furnish a copy) This is the MINIMUM that is necessary and adequate,and at the in time preserve and protect the character of the neighborhood and the health,safety and welfare of the communi Signature of L is t or Authorized Agent �1 (Agent must b t written Authorization from Owner) Sw o this Or ay of 20 r Notary Public - .�A '., Debu&Orlowski y� '', Notary Public,State of New York 2* = No.01OR6280392 PMUC c Qualified in Suffolk County �'' .............. U :�` Commission Expires 05/lk0j;ej-5 APPLICANT'S PROJECT DESCRIPTION APPLICANT: AMP Architecture DATE PREPARED: 1. For Demolition of Existing Building Areas RECEIVEDPlease describe areas being removed: N g 012027 11. New Construction Areas(New Dwelling or New Additions/Extensions): Zoning Board of Appeals Dimensions of first floor extension: 741 sf Dimensions of new second floor: N/A Dimensions of floor above second level: N/A Height(from finished ground to top of ridge): 14' 6" Is basement or lowest floor area being constructed?If yes,please provide height(above ground) measured from natural existing grade to first floor: N/A 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: 1 STORY FRAME HOUSE WITH EXISTING ACCESSORY BUILDING Number of Floors and Changes WITH Alterations: SAME WITH PROPOSED 412 SF ADDITION TO ACCESSORY BUILDING IV.Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: 1,099.3 Proposed increase of building coverage: 2.5% Square footage of your lot: 18,750 SF Percentage of coverage of your lot by building area: V.Purpose of New Construction: PROPOSED ADDITION TO EXISITNG ACCESSORY BUILDING 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): LAND IS FLAT. Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction,and photos of building area to be altered with yard view. 4/2012 AMP Architecture Address:10200 Main Road,Unit 3A,PO Box 152,Mattituck NY 11952 Phone:(631)603-9092 Design + Build November 30. 2022 RECEIVED Re: Kelley Residence DEC 0"'12022 1265 Bay Ave Mattituck NY 11952 Zoning Board of Appeals Elizabeth and Donna, 1� Enclosed please find the updated applications for Kelley. The storage area in the garage is a loft space. As far as we are aware the garage is currently not being used as an apartment.These conditions were existing conditions from when the owner purchased the property. Please contact our office if you have any questions. Thank you, Jess Magee Page 1 of I FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. RECEIVED PRE EXISTING DCl, 012022 CERTIFICATE OF OCCUPANCY Zoning Board of Appeals No: Z- 28984 THIS CERTIFIES that the building DWELLING AND ACCESSORY 1 Location of Property 1265 BAY AVENUE MATTITUCK (HOUSE NO.) (STREET) (HAMLET) County Tax Map No_ 473889 Section 143 Block 0005 Lot 001 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 CERTIFICATE OF OCCUPANCY NUMBER Z- 28984 dated OCTOBER 10, 2002 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 WITH REAR ENCLOSED ENTRYWAY AND ACCESSORY ONE CAR GARAGE.* The certificate is issued to LILLIAN DICKERSON (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO N/A PLUMBERS CERTIFICATION DATED N/A *PLEASE SEE ATTACHED INSPECTION REPORT. uth ized Signature Rev. 1/81 BUILDING DEPARTMENT TOWN OF SOUTHOLD HOUSING CODE INSPECTION REPORT LOCATION: 1265 BAY AVENUE MATTITUCK SUBDIVISION; MAP NO,: LOT (S) NAME OF OWNER (S): LILLIAN DICKERSON OCCUPANCY: SINGLE FAMILY LILLIAN DICKERSON RECEIVED � r T ADMITTED BY: LILLIAN DICKERSON ACCOMPANIED BY: SAME RECEIVE I�V KSY AVAILABLE: SUFF. CO. TAS MAP NO.: 143.-5-1 DEC 012022 SOURCE OF REQUEST: LILLIAN DICKERSON DATE: 10/10/02 Zoning oar or Appeals DWELLING: TYPE OF CONSTRUCTION: WOOD FRAME # STORIES: 1.0 # EXITS; 2 �� 1 FOUNDATION: CEMENT & BRICK CELLAR. PART. CRAWL SPACE: 1 TOTAL ROOMS: IST FLR.: 4 2ND FLR.: 0 3RD PLR.: 0 BATHROOM(S): 1.0 TOILET ROOM(S); 0.0 UTILITY ROOM(S): PORCH TYPE: FRONT ENCLOSED DECK TYPE: PATIO TYPE: BREEZEWAY; FIREPLACE: GARAGE: DOMESTIC HOTWATER: X TYPE BEATER: LIPA GAS AIRCONDITIONING: TYPE HEAT: LIPA GAS WARN AIR: FLOOR HEATER HOTWATER: OTHER: REAR ENCLOSED ENTRYWAY ACCESSORY STRUCTURES: GARAGE, TYPE OF CONST.: ONE CAR WOOD FRAME STORAGE, TYPE CONST.: SWIMMING POOL: GUEST, TYPE CONST.: OTHER.- VIOLATIONS: THER:VIOLATIONS: CHAPTER 45 N.Y. STATE UNIFORM FIRE PREVENTION & BUILDING CODE LOCATION I DESCRIPTION I ART. I SEC. I REMARKS: INSPECTED BY: ` N DATE ON INSPECTION: 10/03/02 GARY J TIME START: 10:00AM END: 10:20AM QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION A. Is the subject premises listed on the real estate market for sale? Yes X No B. Are there any proposals to change or alter land contours? RECEIVED No X Yes please explain on attached sheet. DEC V 2022 C. 1.)Are there areas that contain sand or wetland grasses? NO !illy Boar of 2.)Are those areas shown on the survey submitted with this application? ppeals 3.) Is the prope�A bulk headed between the wetlands area and the upland building area? NN 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? NO Please confirm status of your inquiry or application with the Trustees: NSA and if issued, please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? NO E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? NO Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? NO If yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? NO If yes, please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel SINGLE FAMILY RESIDENCE and the proposed use SINGLE FAMILY RESIDENCE (ex: existing single family, proposed: same with garag ool or other) Authorized " nature and Date AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval, use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an 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 th Law. 79-7 EIVED 1. Name of Applicant:AMP Architecture 2022 2. Address of Applicant:10200 MAIN RD UNIT 3A MATTITUCK NY 3. Name of Land Owner(if other than Applicant): RICHARD KE I��i�'I� Board of A -+ Is 4. Address of Land Owner: 1265 BAY AVE MATTITUCK 5. Description of Proposed Project: PROPOSED ADDITION TO ACCESSORY BUILDING. 6. Location of Pro erty: (road and Tax map number) 1000-143- -1 7. Is the parcel within 500 feet of a farm operation? { } Yes {� No 8. Is this parcel actively farmed? { } Yes {x} No 9. Name and addresses of any owner(s)of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office(765-1937) or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS I, N/A 2. 3. 4. 5. 6. (Please use the b k is page if re are additional property owners) 10 /_/ a,;L Signature of App ' nt Date Note: 1. The local Board will solicit comments from the-owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. 617.20 Appendix B Short Environmental Assessment Form 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 RECEIVED Name of Action or Project: Kelley Accessory Apartment DEC 0`7 2022 Project Location(describe,and attach a location map): 1265 Bay Ave Mattituck NY 11952 Zoning Board of Appeals Brief Description of Proposed Action: -Proposed addition and proposed screen porch Name of Applicant or Sponsor: Telephone: 631-603-9092 AMP Architecture E-Mail: jmagee@amparchitect.com Address: 10200 Main Rd Unit 3A City/PO: State: Zip Code: Mattituck NY 11952 1.Does the proposed action only involve the legislative adoption of a plan,local Jaw,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 X 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 agericy(s)name and permit or approval: X 3.a.Total acreage of the site of the proposed action? .4 acres b.Total acreage to be physically disturbed? .011 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? .4 acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑ Industrial ❑Commercial ®Residential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑Parkland Page 1 of 4 4 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? X b.Consistent with the adopted comprehensive plan? X 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? X 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: X 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES X b.Are public transportation service(s)available at or near the site of the proposed action? X c.Are any pedestrian accommodations or bicycle routes available on or nea We ofthe proposed actioa2 X 9.Does the proposed action meet or exceed the state energy code requirements RECEIVED NO YES If the proposed action will exceed requirements,describe design features and t hnologies: MC 0-7 2072 X 10. Will the proposed action connect to an existing public/private water suppl NO YES Zoning Board of Appeals If No,describe method for providing potable water: X 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: X 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? X b.Is the proposed action located in an archeological sensitive area? X 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? X b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? X If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑ Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional ❑ Wetland ❑ Urban ❑ 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 X 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? l:l NO ❑YES X b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO®YES GUTTERS WILL BE INSTALLED ON THE ROOF TO CONTROL RUN OFF. Page 2 of 4 I S.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: X 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: 1 X 20.Has the site of the proposed action or an adjoining property been the subject o remediation(ongoing or N01 YES completed)for hazardous waste? DEC 67 2022 If Yes,describe: X ZoninQ BQarcl of.Appeclis I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE A OF MY KNOWLEDGE Applicant/sponsor name. A&P ' c i re,Anthony Portillo Date: 10/18/22 Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 No,or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for shQrt-t short-tnd cumulative impacts. RECEIVED ' DEC 0-7 2022 Zoning Board of Appeals ❑ 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 Board of Zoning Appeals Application RECEIVED AUTHORIZATION DEC 6.7 2022 (Where the Applicant is not the Owner) Zoning Board Of Appeals I, �t residing at (Print property owner's name) (Mailing dress) do hereby authorize (Agent) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. L (Own re) (Print Owner's Name) APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid / YOUR NAME :7,z<c/, 41", (Last name,first name,middle initia,unless you are pplying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's na ) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance X Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring RECEIVED Other(activity) Planning EE DEC 0 7 n Do you personally(or through your company,spouse,sibling,parent,or child)h e a relationship wi"th22 y offi er or employee of the Town of Southold?"Relationship"includes by blood,marriage, r business interest."Business terest" means a business,including a partnership,in which the town officer or employee as@kl�al tii f*WdWWB (or employment by)a corporation in which the town officer or employee owns more 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 t of ,20 Signature Print Name 1 1 AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FOMM The'rown ofSmithold's Code of Fthics prohibits conflicts of interest on the part of(own officers and emptnvees.'The pnronse of this form is to provide information v+hick cin alert the town of possible conflicts of interest and nllo+v it to take whatcrer,ac_lion_IV necessan,to avoid same. YOUR NAME: PORTILLO,AWHONY (Last name,first name,middle initial,unless you are applying in the name ofsomeone else or other entity,such as a company.Ifso,indicate the other person's or company's mime.) TYPE OF APPLICATION:(Check all that apply) Tax grievance Building Permit Variance X Trustee Permit RECET1/ED Change of Zone Coastal Erosion Approval of Plat flooring DEC o 2022 Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a cla-ecig .h; iith,any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or bu ' interest. ii mIlAp oss means a business,including n partnership,in which the town officer or employee has even a partial own' employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO I 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 behveen 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 T. ,20 XL Signature Print Name f i t 9 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions.that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and,conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: onl e at t&Wc'PJiYtd's., website (southoldtown.northfork.net), the Board of Trustees ffice, P6a�ut, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION Zoning Board oSCTM# 143 _ 5 ` The Application has been submitted to (check appropriate response): Town Board 0 Planning Dept. E Building Dept. © Board of Trustees 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: PROPOSED ACCESSORY BUILDING ADDITION AND SCREEN PORCH. Location of action: 1265 BAY AVE MATTITUCK NY 11952 Site acreage: 0.4 ACRES Present land use: SINGLE FAMILY RESIDENCE Present zoning classification: R-40 NC 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:, AMP Architecture RECEIVED (b) Mailing address: 10200 Main Rd Unit 3A Mattituck NY 11952 DEC 0 2022 Zoning Board of Appeals (c) Telephone number: Area Code ( )631-603-9092LIT (d) Application number, if any: Will the action be directly undertaken,require funding, or approval by a state or federal agency? Yes ❑ No 0 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. 0 Yes ❑ No ❑ Not Applicable THE EXISING ACCESSORY BUILDING IS ALREADY NON-CONFORMING. THE PROPOSED ADDITION WILL ADD CHARACTER TO THE NEIGHBORHOOD. 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 0 Not Applicable THERE ARE NO HISTORICAL OR ARCHAEOLOGICAL RESOURCES ON THIS PROPERTY. 022 Zoning '•- iv; .®r ". XTI I lo A7. ' ,t t>;r` _ _ �►_ :�►a�r•�� e�►'fie � % v 14fAir - .b Y T PHOTO #5 PHOTO #6 Zoning hoard of q F PHOTO #7 PHOTO #8 Application: Kelley Residence Applicant: AMP Architecture All photos taken March 2, 2022 RECEIVED DEC 0'7 2022 �� \ -7 � W4-)o ci cfi Appeals TOWN OF SOUTHOLD PROPERTY OWNER STREET VILLAGE DISTRICT SUB. !LOT -FORMER OWNER N E ACREAGE S W TYPE OF BUILDING RES. SEAS. VL. FARM COMM. I IND. CB, I MISC. Est. Mkt.Value I f LAND IMP. TOTAL DATE REMARKS j v 2 06 -Z 9 --- --- -- --T._-... - r baa 7 r Qa ,�,--. ti� ��,r,'.�, •.r ,i AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FRONTAGE ON WATER Form Acre Value Per Acre Value FRONTAGE ON ROAD , Tillable 1 BULKHEAD Tillable 2 DOCK Tillable 3 -- ------------ Woodland � -- --- - Swampland Brushlond House Plot — Total RECEN t DEC a"I LJ22 i Zorrlr;S F�oarct of jap eals Pr I ■■ v 4 1 41 M. Bidg. Foundation Bath 6ttension Basement Floors ixtension Ext Walls Interior Finish a ; Extension Fire Place i Heat �• .04� — Porch r Roof Type a Porch Rooms 1st Floor Breezeway Patio Rooms 2nd Floor aarogeFDormer# Driveway Dormer ituL D. B. ; t r ZBA CHECK FEES - 2022 Funding Account - B2110.10 DATE NAME ZBA FILE# FEE CHECK# DATE SENT TO TCO 12/2/2022 Silverman, Ruben 7745 $750.00 2418 12/9/2022 12/5/2022 Williams, Leonard 7746 $750.00 2423 12/9/2022 12/5/2022 Williams, Leonard 7746 $500.00 2424 12/9/2022 12/6/2022 Reddy/Holt 7747 $750.00 j 3150 12/9/2022 12/7/2022 Kelley, Richard Ae I14, $500.00 9512001190 12/9/2022 12/7/2022 Kelley, Richard f"'9 $250.00 9512010271 12/9/2022 12/7/2022 Kelley, Richard 7748SE $1,000.00 9512010273 12/9/2022 12/9/2022 Mascia,Joseph &Joanne 7750 $1,250.00 1180 12/9/2022 $5,750.00 RECEIVED 1,) 1 2 2022 Southold TOwn Clerk jwn of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 12/12/22 Receipt#: 307119 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7745 $750.00 1 ZBA Application Fees 7746 $750.00 1 ZBA Application Fees 7746. $500.00 1 ZBA Application Fees 7747 $750.00 1 v►7�BA p p.,l,catio. gas 7a,�� $5:O:O.0.2 1 -�- Application Fees 77 �. $�`��`OQ 1 ZBA Application Fees 77 8SE $1,000.00 1 ZBA Application Fees 7750 $1,250.00 Total Paid: $5,750.00 Notes: Payment Type Amount Paid By CK#3150 $750.00 Eastern End Pool LLC CK#1180 $1,250.00 Finnegan, Law P. C. CK#9512001190 $500.00 Finnegan, Law P. C. CK#9512010271 $250.00 Kelley, Richard & Michele CK#9512010273 $1,000.00 Kelley, Richard & Michele CK#2418 $750.00 Sikorski, Sandra &William Kelly CK#2423 $750.00 Sikorski, Sandra &William Kelly CK#2424 $500.00 Sikorski, Sandra &William Kelly Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Finnegan, Law P. C. Po Box 1452 Maiituck, NY 11952 Clerk ID: JENNIFER Internal ID:7750 24df927d-3f86-4c05-bfa8-38f53ceb1d64 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MARCH 2, 2023 at 10:00 AM PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 i (Zoning), Town of Southold,the following"IN PERSON" public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road,Southold, New York 11971-0959, on THURSDAY, MARCH 2,2023: 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.-JOHN AND MARGARET SMYTH#7737—Request for a Variance from Article XXIII,Section 280- 13C(1);and the Building Inspector's September 1,2022 Notice of Disapproval based on an application to subdivide a lot into two parcels and maintain an existing barn, carport and "as-built" arbor; at; 1) customarily incidental accessory structures or uses are not permitted on the lot without a principal use; located at: 29330 NYS Route 25,Cutchogue, NY.SCTM No. 1000-102-6-23.1. 10:10 A.M.-PEQUOT POINT, LLC#7763—Request for Variances from Article III,Section 280-15;Article XXI I, Section 280-116A(1); and the Building Inspector's December 8,2022 Notice of Disapproval based on an application to construct an accessory in-ground swimming pool,at; 1) located in other than the code required rear yard; 2) located less than the code required 100 feet from the top of the bluff, located at: East End Road/2875 Castle Road (Adj.to Block Island Sound), Fishers Island, NY.SCTM No. 1000-5-2-10.12. 10:20 A.M.-PAUL TANCK#7741—Request for Variances from Article III,Section 280-15;Article XXIII, Section 280-124; and the Building Inspector's November 10,2022 Notice of Disapproval based on an application to demolish an existing in-ground swimming pool and to construct a new in-ground gunite swimming pool; at; 1) located in other than the code required rear yard; 2) more than the code permitted maximum lot coverage of 20%; located at: 16705 Main Road, East Marion, NY.SCTM No. 1000-23-1- 14.6. 10:30 A.M.-TIMOTHY QUINN/TG3 HOLDINGS LLC#7743—Request for a Variance from Article XXII, Section 280-116A(1) and the Building Inspector's September 12, 2022 Notice of Disapproval based on an annliratign to demolish and reconstruct an accessory In-ground swimming pool; at; 1) located less than the code required 100 feet from the top of the bluff; located at: 1 Mulford Court,Orient, NY.SCTM No. 1000-14- 2-1.6. 10:40 A.M.- RUBEN AND SHANNON SILVERMAN#7745—Request for a Variance from Article III,Section I 2 SOUTHOLD TOWN BD OF APPLS r = 24df927d-3f86-4c05-bfa8-38f53ceb1d64 Idmf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times 280-15)and the Building Inspector's November 28,2022 Notice of Disapproval based on an application to construct an accessory garage;-at; 1) located in otherthan the code required rear yard; located at:2500 Paradise Point Road,Southold, NY, SCTM No. 1000-81-3-13 10:50 A.M.-LEONARD WILLIAMS 47746—Request for Variances from Article III,Section 280-15 and the Building Inspector's November 28,2022 Notice of Disapproval based on an application to construct an accessory garage; 1) located less than the code required minimum rear yard setback of 15 feet; 2) located less than the code required minimum side yard setback of 15 feet; located at:6925 Great Peconic Bay Blvd, Laurel, NY.SCTM No. 1000-126-10-16. 11:00 A.M.-NEENA REDDY AND SAMUEL HOLT#7747—Request for a Variance from Article III,Section 280-15) and the Building Inspector's December 1,2022 Notice of Disapproval based on an application to construct an in-ground swimming pool; at; 1) located in other than the code required rearyard;located at: 500 Sound Drive, Greenport, NY.SCTM No. 1000-33-4-33. 1:00 P.M.- RICHARD KELLY#7748SE-Applicant requests a Special Exception under Article III,Section 280-13B(13). The Applicant is owner of subject property requesting authorization to establish an Accessory Apartment in an existing accessory structure; located at: 1265 Bay Avenue, Mattituck, NY.SCTM#1000- 143- 5-1. 1:10 P.M.- RICHARD KELLY equest for a Variance from Article III, Section 280-15 and the Building Inspector's December 6,2022 Notice of Disapproval based on an application to demolish (as per Town Code definition) and reconstruct an accessory building containing an accessory apartment; at; 1) located less than the code required minimum side yard setback of 5 feet; located at: 1265 Bay Avenue, Mattituck, NY.SCTM No. 1000-143-5-1. 1:20 P.M.-JOSEPH M.AND JOANNE MASCIA#7750—Request for Variances from Article XXIII,Section 280-124 and the Building Inspector's October 11,2022 Notice of Disapproval based on an application to construct additions and alterations to an existing single family dwelling; at; 1) less than the code required minimum side yard setback of 10 feet; 2) less than the code required minimum combined side yard setback of 25 feet; located at: 1600 Deep Hole Road, (Adj.to Deep Hole Creek) Mattituck, NY. SCTM No. 1000- 115- 12-22. 1:30 P.M.-CHARLES AND KAVITA VANSANT#7751—Request for Variances from Article IV,Section 280- 18; based on an application to change a lot line of three existing lots, and convey lands in order to create two less non-confor imling lots; 1) Proposed lots A R. R at[-cc than the code rent ired lot size of 40;000 so. ft.; i 2) Proposed lots A& B at less than the code required minimum lot depth of 175; located at 1355, aka 1285 Smith Road, Peconic, NY.SCTM Nos. 1000-98-4-12, 1000-98-4-13, 1000-98-4-14. SOUTHOLD TOWN BD OF APPLS 3 a 24df927d-3f86-4c05-bfa8-38f53cebid 64 I(imf@southoIdtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times 1:40 P.M.- KEVIN AND ANNA KENNEDY#7752—Request for a Variance from Article IV,Section 280-18 and the Building Inspector's November 15,2022 Notice of Disapproval based on an application to construct an accessory in ground swimming pool; at; 1) more than the code permitted maximum lot coverage of 20%; located at: 955 Pequash Avenue,Cutchogue, NY.SCTM No. 1000-103-7-22. 1:50 P.M.-CHARLES SALICE, C/O NORTH FORK VENTURES, LTD#7738—Request for Variances from Article III,Section 280-15;Article XXIII,Section 280-124; and the Building Inspector's September 9,2022 Notice of Disapproval based on an application to construct additions and alterations to an existing single family dwelling and construct an accessory garage; at; 1)the dwelling is located less than the code required minimum side yard setback of 10 feet;2)the accessory garage is located less than the code required minimum side yard setback of 5 feet; located at: 2315 Pine Street Road, (Adj.to Little Creek) Cutchogue, NY.SCTM No.1000-104-3-1. 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/webI!nk/Browse.aspx?dbid=0. If you have questions, please telephone our office at(631)765-1809, or by email: Icimf@southoldtownny.gov. Dated: February 16, 2023 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 i i I SOUTHOLD TOWN BD OF APPLS 4 s 6 I 24df927d-3f86-4c05-bfa8-38f53ceb1d64 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times State of New York, County of,Suffolk, The undersigned is the authorized designee of The Suffolk Times, a Weekly Newspaper published in Suffolk County, New York. I certify that the public notice, a printed copy of which is attached hereto, was printed and published in this newspaper on the following dates: February 23, 2023 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 01 day of March 2023 W—b-C4 Notary Sign ture F BETH ALESCIO WALLING PUBLIC,STATE OF NEW YORK tration No.01AL5056219 lified in Saratoga County My Commission Expires March 04,2026 i Notary Public Stamp i i SOUTHOLD TOWN BD OF APPLS 1 I �JW-1 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS Appeal No. SOUTHOLD, NEW YORK AFFIDAVIT OF In the Matter of the Application of: MAILINGS IC��I�� DICK (Name of Applicant/Owner) 1 a U S jaU ffir, M&ii- WCK• N",j SCTM No. 1000- (Address 000-(Ad ress of Property) (Section, Block & Lot) COUNTY OF SUFFOLK STATE OF NEW YORK I, ( ) Owner, ( V/) Agent pop fiaw1te,C1 yc residing at �6 aOQ M ) 2d W6 3A Maui- M New York, being duly sworn, deposes and says that: On the 13 day of , 20a� I personally mailed at the United States Post Office in LAU(C( ,New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll Verified from the official records on file with the ( ) Assessors, or ( ) County Real Property Office, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applica s prope y. 1 (Signa u Sworn t beforelj e this y of JZsL� , 20 TE pF�! Deborah Orlowski Notary POMC,We of New Yore No.01OR6280392 (Notary Public) �• P1BL� Qua iiedinsuffolkComty ',�'�•r�FW Y0 ��`�` Commission Exg=05/13/204?,S nnm PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. All original USPS receipts and mailing confirmations to be submitted to the ZBA Office along with this form completed, signed and notarized. Postal Postal CERTIFIED o RECEIPT CERT I , o ■ ru. 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O Yes If YES,enter delivery address below: ❑No 'i�,e►�sa QLeaurd algSKat l Qs Sylvan P� Vaim S �r IiSgo i 3. Service Type [:I priority Mail Express® ❑IIAdult Signature C3 Registered MailTm 1111111 IIII III I II I II I II I II II I I III I III I II I I ❑Adult Signature Restricted Delivery ❑Registered Mall Restricted- 0 Certified Mail® Delivery 9590 9402 7282 2028 4180 57 ❑Certified Mall Restricted Delivery O Signature Confirmation"*+ l i ❑Collect on Delivery ❑Signature Confirmation I ❑Collect o Delive estricted Delivery Restricted Delivery i2. Article�Vumbe ransler�romLse1 1_rv�ceLlei)j_j_!!-1:❑InSrgd Mail (� r( I P f f 7 0 2 2 '2410!! 0002 2223 0364 MDa)II Restricted Delivery Domestic Return Receipt PS Form ,July 2020 PSN 7530-02-000-9053 ) I � �I Aa COMPLETESECTION ■ Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverse X ❑Agent so that we can return the card to you. dresses ■ Attach this card to the back of the mailpiece, B. Received b (Prinfe`d ti C. Date of Delivery or on the front if space permits. y ��y 17> 1. Article Addressed to: D. Is delivery, dd'ress different from ? ❑Yes If YES,a tetfdeWery address I'w: .❑No �ti T � 5 LLC rN Ill�� US�� r� i II I'III'I IIII I'I I II I II I'I I II II I I III I I II I III III 3. Service Type ❑Priority Mail Expresso ❑Adult Signature ❑Registered Mall*" } ❑Adult Signature Restricted Delivery ❑Re Istered Mall Restricted ry 9590 9402 7282 2028 418019 aertifl d Malrtified l Restricted Delivery ❑si�a Signature conflrmatlon* } ❑Collect on Delivery ❑Signature Confirmation 2. Article Number(litnsfor frbiri BENfceaabil) -i" DeliVeiy ReWletW Delivery', Restricted Delivery 7 2``2 41 '0.0 0`2 `D 2 2 3 2 Et''' ' ;Z'f Restricted Delivery PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Returxt,Receipt !I TOWN OF SOUTHOLD ZONING BOARD OF APPEALS �+t� SOUTHOLD, NEW YORK AFFIDAVIT OF In the Matter of the Application of- POSTING UMw , 2k, oc (N me of Applicants) COUNTY OF SUFFOLK STATE OF NEW YORK 1, -Arc' kiai `l i 301 residing at JDDLW mairl �-� 34MD(.:ff1fCX New York, being duly sworn, depose and say that: I am the ( ) Owner or(Agent for owner of the subject property On the A;— day of ftJ9GjM , 200x3 I personally placed the Town's Official Poster on subject property located at: The poster shall be prominently displayed on the premises facing each public or private street which the property involved in the application or petition abuts, giving notice of the application or petition, the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall be set back not more than 10 feet from the property line. The sign shall be displayed for a pVC of�n ts than seven days immediately preceding the date of the public hearing of Z. 91S—... T (Owner/ArntSign.,ure) Sworn to before me this 0� Day of , 20 a3 SCJ . (Notary Public) � -- BARBARA M.TANDY Notary Public,State Of New York No. 01 TA6086001 Qualified In Suffolk County Commission Expires 01/13/20 OFFICE LOCATION: *Qf SOU AWLING ADDRESS: Town Hall Annex jyO P.O. Box 1179 54375 State Road Route 25 ,`O l0 Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY cn Telephone: 631 765-1809 • COQ http://southoldtownny.gov ZONING BOARD OF APPEALS Town of Southold LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MARCH 2, 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, MARCH 2, 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.gov/calendar.aspx. 1:10 P.M. - RICHARD KELLY#7749 - Request for a Variance from Article III, Section 280-15 and the Building Inspector's December 6, 2022 Notice of Disapproval based on an application to demolish (as per Town Code definition) and reconstruct an accessory building containing an accessory apartment; at; 1) located less than the code required minimum side yard setback of 5 feet; located at: 1265 Bay Avenue, Mattituck, NY. SCTM No. 1000-143-5-1. The Board of Appeals will hear all persons or their representatives, desiring to be heard at each hearing,and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review on The Town's Weblink/Laserfiche under Zoning Board of Appeals(ZBA)\Board Actions\Pending. Click Link: http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. If you have questions, please telephone our office at(631)765-1809,or by email:kimf@southo/dtownny.gov. Dated: February 16, 2023 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 CA Southold, New York 11971-0959 Fax(631) 765-9064 ZONING BOARD OF APPEALS DATE: February 1, 2023 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 March 2, 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 February 22,2023.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 February 22, 2023, 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. l Instructions for ZBA Public Hearing Page 2 MAILING INSTRUCTIONS: Please send by I SPNCertified Mail; Return Receip the following documents to all owners of property (tax map with property numbers enclosed)vacant or improved, which abuts and any property which is across from any public or private street. We ask that you send your mailings promptly so that if any piece is undeliverable, you can reach out to your neighbors to request their mailing addresses, and re-mail. Mailing to be done by February 13 ,2023. a. Legal Notice informing interested parties of meeting being conducted IN PERSON and via video conferencing. (Enclosed) A WEBLINK to the meeting will be provided on the Town's Website under the date of the meeting. b. Your Cover Letter which should include your contact information, date and time of hearing, procedures for submitting written comment via email or USPS to our office. Recipients should be able to contact you for additional information. Furthermore, if recipients need to contact the ZBA staff,they may telephone 631-765-1809 or email us at kimf@southoldtownn.gov or elizabeth.sakarellosgtown.southold.ny.us c. Instructions for Laserfiche/Weblink to view all pending applications. (Enclosed) Link to view pending applications: http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. d. Survey or Site Plan depicting"as-built" and proposed improvements requiring ZBA relief. The Town's Laserfiche/Weblink files provides both location addresses and mailing addresses in their current Assessment Roll listing. (See Link Below). Also,the Town Assessor's Office can be reached at 631-765-1937. Contact us via email or by phone if you need further assistance. TownOfSouthold>Assessors>Assessment Books/Tax Rolls>2010-2021 >2021 http•//southoldtownny.gov/DocumentCenter/View/8779/FinalRo112021-Amended .°�,':� .y "ww Sv - ' - •- r'e�h rr �-,:- u'`��'�e^x- - .• m-,�-�a+,- •'iia ,max r� td's; .- ", s ,b.�' ,� ' r' Scan, and email.the .USPS mailing lrecelp'N'sgreen{signature,-cards;and>affidavits,-�ta _ :� � .... ,: �. . kimf(a7southdldtowanny. ov, and PROMPT MY", SPS MAIL the OR�IG�I?N ,a S to the Town of Southold;., 1x971:``' . 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 Laserfiche Instructions' for Zoning Board of Appeals Records t;t,�•r,;ra;reu! ':ervic.s F%isifi.{)g f;ntc C)o f... 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Entry PropeM1leS ' ^,TOV.^,HM.,an Path - Trus— i.,—.Baar0 0f appeals(MA) Creation date 0.,.--.i 5.-+i AK Pa"". J:L ...; .r -2 29 E—Ies Last modified n }12lddd[d Above: -The second of two pages you will find "Zoning Board of Appeals(ZBA)" in the list of Town of Southold Departments. Click the Zoning Board of Appeals (ZBA)folder/link. Laserfiche Instructions ZBA Files Page 2 Laserfiche 4•le6Link "� •al'•atU< -+e,_ -b.i 5c1 du1 Home Browse search +w.no Zoning Board of Apo eats(ZBA) Zoning Board of Appeals Na— Page count Tempore name (ZBA) Alphat:encal;ode.< A Entry Properties Boa"ections La—fi,he Searrn Gwces Path Meting Schedules hlinuteSIigendaShegal NonceVI-leanngs Creation date - Pendmg Reports Last modified 4-723,1-1:!7'::,i7 14 AM "Speaal Event Permits -Training Requirements ZBA Officials Metadatd ZBA%elides 1.0 me:adata lss:rn'9 Except-1 Wt Code 280-IOC(3) t 1urntd,cton Lsung . y ZBA Book of Mapped 1977 Exisnng Lots 189 od&0.<sults am;henlfh•pep•:mem=Uses2 Bulk Schedules 5 rgreernan6.Contracts&!eases aoe,Cf I 1 L Elll(leg Above: Listed are types of records under ZBA Folder. ZBA Decisions can be found under Board Actions. Click on "Board Actions" folder to open. Pi I•Jost Visited F Getting Started o Southold,NY-Officia... a NetZero-f+ly t•1etZero... .'-Date Duration Calcula._ r Tot"vnOfScuthcld•La... c Southold-Cor Laserfiche WebUnk Y vt Home Browse Search '0W'1Of5outnoio coin 8,ardc Appeah,_5.A)=ooarc!=-,—Jons:Pending Pending Name 19025 MAIN ROAD LLC,CARDINALE Entry Properties -� C F,L REALTr-Withdrawn Path JEMCAP SD'LLC _•.(- _ _ -- -... <, __1 PECON:C RECYCLI NG TRUCK •--•,: '-i THE ENCLAVES Creation date -J#7370-Frerd 1000-128-6-6 717379-SG'utions East 1000-13-3-1 Last modified -' . :;_O,r:;:5858 Pm 'a 47333-Spiller 1000-59-5-8.3 F7384SE-HNF Resorts,A•Iydon Resorts-Campground-1000-40-3-5 Metadata #7385 SE-Fried 1000-50-1-13.1 o tne:ada•:3 af_Ign�.J it#7385860 Gayvier;DrPre-LLC 1000.37.-5-10.1 ,=7387 Hard Corner 1000-61.4-1 ")#7387 Hard Corner-SITE PLAN-.Arch Plans 1000-51-4-1 '-`-i#7388-Minton Irrev.Trust 1000-128.-2-20 97389 Genic 1000-71-1-4 ppa Pa;el ;. , 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 Home Browse Search Board Actions Hanle asZ.r—t T—plate n- 19577-1979 Entry Properties 1980-1999 Path 1000 ICUO 1; 2001 Crea don date 2D02 2003 Last modified 2004 0-AM 2005 Matadara 2006 200-1 2003 2009 2010 alHu'pa4_mNrUf est 2V1 t " 2012 MIS 2017 Above: Board Actions are listed by year. Click folder to open. All Special Exception applications that require Coordinated SEQRA Analysis are stored in "Pending". —, —1— S-4 2017 3-7 p1th C--d— L--diNd 7o:i 14, —d- 7023 J35 3N9=a cnt 7 Above: See listed File Numbers. Click on file you are searching. r Laserfiche Instructions ZBA Files Page 4 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 Web Linc Home Browse Search Relevance ;014 rJSt ? � s-u`. I held nerve Boar]Ar.aen;-?3 p..gc(s1 -.,•u,?.•b .1 Page count:83 Template name:Board ACtlons Reset %3-i:._:Corin and Kristen Cashel PROPERTY LOCATION:162 Lowe-Shingle Hill,%i5her... -...19.2017.7016.Cautcl SCTrA No.10004-1-26 min.nws ipp....1[o SGTM No.1000.9-:N GRSNT,the+arlances as... aeerch;er•-+s = ...COLIN 9.KRISTIN CAST IEL SECTION 009 BLOC... e_J...Thoma.AN-.,en,CosFelL PO 3—332 Flshe, s Short more infprrnHwn... 7018 Cr.,Ij Ac11f-ns G U•Ig"isl Page count:55 Template name.Board Actions .3e_z-!...4;30 A.M:COLIN CASH[L AND Variances Under AMCle W.Secuon ANN... KR'STIN CASHeI-7Di 5-Req.—prii,S u[rell,!Dated.-I G[h.Er tha.. „ Show more informatian... 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 WoSLink :.+.:ven_:.•. •I -ba.: :. Home Browse Search iaan(:'$91,'PC d v.'.on•;-�-Soar;,:``Dry?ids+.'.°=•1'MlnuteslAgenclaStLegal W;dces/Hear:ngs Minutes/Agendas/legal Name Pagecount Template name Notices/Hearings 1957-1979 Entry Properties -1e80-1999 2000-2009 Path i or.•1C•5r;1r1�1:>=rr^,Rr,_nt - 2010 . .i_.':11.'ia1 .�•'-( :012 Creation date " 2013 •• _-. 201,1 Last modified 2015 ... - 2016 C Meladata 2017 Ko'o-�t:L'uL asC+yr-1 , I Di t 11 Ent: Above: Also, Minutes,Agendas, and Hearing Transcripts can be viewed. •a Laserfiche Instructions ZBA Files Page 5 LaserficheWehLink iYo r.l,:/ent„. Yelb At,,A dome Browse Search 3 or=;y;edis(L'At2017 2017 Name page count Template name ZBA-0110512017 7 Entry Properties -' 26A-011052017 Agenda a Path ZBA-01 A0520l7 Year ne 40 %`Apv,al; ,,,ZSA 01/05/2017 LN 3 1�'.:i'•.1ri. t,:c:.4_e1:J vL:,;i 234-01/19/2017 r` '• creation dace ZBA-01119/2017 Agenda _ ' _: E,;--_� __. .....i HA-02/022,17 , Last modified ,ZBA-02102i2017 Agenda a �11 9120�,_59.53 NO ZBA-02/0J2017 Aeann g 45 R Meta0a[a ZBA-02/0_/2017 LN 3 ZSA-02,'16/2017 Agenda 3 2BA-0211620175p=clal 3 :edurea:Results Z3A-03102/201; 7 .m;health/pap-smear=Uses2 ZBA-03/02:2017 Agenda a 73443702/2017 Year,,e 65 ZBA 03/02/2017 LN 3 ZBA-0311612017 Agenda 3 Z2A-031162017 Special 3 ZBA-0-/06/2017 5 ZBA OV0612017 Agenda s ZBA-0^06/2017 r•eanne a5 Above: Agendas, Minutes and Transcripts are in chronological order. Revised 6/15/2020 irIuTICE Q_0F HEARIi4k3 -'Ae following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: 'u'LIe application will also be available VIA ZOOM WEBINAR-Follow link-http://southoldtownny.gov/calendar NAME : KELLEY, RICHARD #7749 IF! CTM #: 1000- 143-5- 1 "�,`ARIANCEm YARD SETBACK '1 ;EQUES'r: DEMOLISH (AS PER TOWN CODE DEFINITION) & RECONSTRUCT ACCESSORY BUILDING CONTAINING AN ACCESSORY APARTMENT r,, )ATE . THURS. MARCH 2 :12023 110 PM You may review the file(s) on the town's website under Town Records/Weblink: ZBA/Board .Actions/Pending. ZBA Office Telephone (631 ) 765-1809 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson ®� $®U�� 53095 Main Road•P.O. Box 1179 Patricia Acampora ®� ®�� Southold,NY 11971-0959 Eric Dantes ¢ a Office Location: Robert Lehnert, Jr. Town Annex/First Floor Nicholas Planamento 54375 Main Road(at Youngs Avenue) Irou Southold,NY 11971 'http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD March 22, 2023 Tel. (631) 765-1809 Anthony Portillo AMP Architecture 10200 Main Road, Unit 3A Mattituck, NY 11952 Re: ZBA Application#7749, Kelley 1265 Bay Avenue, Mattituck SCTM No. 1000-143-5-1 Dear Mr. Portillo; Transmitted for your records is a copy of the Board's March 16, 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. Sincerel , I , Kim E. Fuentes Board Assistant Encl. cc: Building Department •� 'tt,'� �� i I,-' ` 1 2!��.� __». --.- ti 782 __ : E. LEGION ,.._._...._.... . s s s t 70.7 77 \ 12 \ 13 ; ,�..-' ,✓� 14 14.2 1 4 16 4 \ � \�.`4 ///iiiSSS,sem•... !'' f'`. Ns / YP 1p � c `,7� ff' 6 PJ� \ � p.� ••A3s' 6, X. fl \ 05 rt zJ �c .i�..wf ./� , \,•\ G 1, \\\�1,v,K'��_Ill��1��\ I COUNTY OF SUFFOLK © N NOTICE E ,, DSTMCT NO. 1000 SECTION NO. Real Property Tax Service Agency A14INTENPNCE.ALTERAniSALE OR v «p. w CISTRIBUTION OF IWY PORTION OF THE �,�. 'ro4 TOWN OF SOUTHOLD 143 309 Cenrer Drat,f8"}erberrG:vY/1901 SUFFOLK COUNTY TAX MAP IS PROHBITED A �,"� 149 too ±e o as sco WITHOUT WRITTEN PSMISSON OF THE p r.._ _.weoo- Feet fJ` REAL PROPERTY TAX SERVICE ME GY ,4 �OLI/GE OF