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7810
53 iib o cafiw aoro-er -0%bn. -,-zeaoyL� (xkei-1 nail Cvnla rru Q� a non C " uy-, a ha fie. Cvi t-eColGtYW+ed or 6W61kra�(�� X ll Sec -I;L3 �- A-edif'ms drnd arm; ��.,nog 4. W— lior- A� � •o c— -:3 t 6 8 e A o aA•f S yiC aL /�7. .4.e.�o ecce 6 E-•ch9E.d � n� �f.2 /E'•f�. (o5a5 �1i�r�n al- t�vt�' �n - - 'big W,� �►.-- ' oY1 QS&y2-3 rH- ���i J per, le�s- sAGE ,&L),2i/ ia. 60,E cools e&ivG Use-- 6 5Ltgo Nla i n C✓Ne en ruYf CA ��� _ � But�►�� s�aGtt-� �5 • ?D CCB) y -� XX1 I , a/ OIC�'a�I►3 Y L -- --= --- -- - - - - - - �- Bn�e ams %`'`vv�u,n�i /n c. rte. L54-To �-� as asree.'vpy—f- am Ob ow /nary . � 1 9 : p-EE4,lP,4- j�-Co F�2r�r�G Usk• svQ ' IA I C',4 4 T ifs 6Cc ad)a-/a�; AkTA ITEC 0100- h gel ��rs ojk 6 �-mill 101 sJ13 , l&1i,4; /�1� A `��c-�►�- ��-tri -7a ,Fx1sT1,rDG - I/P/d 1 � Inc. 53 tom- X?Cl/t•� sic. ���--1 a3 . �- . - '- � ' _ ' Pels 4'�, 5 6E� o ink. tom. 67K"pato 4rrM� b wI W'�r"'j� of SVLCEvr4�Id- Do 200 &SKq o - t�t C1 nol'i�ll��� r iri.� Ce 1 �azi _ b rr 4ri i Owner: Breezy Shores Comnty Inc File #: 7810 Address: 65490 Route 25 c�) Code: 13ED . Agent Info Megan Barron PO BOX 272 Greenport, NY 11944 Phone: 347-366-0759 Fax: Email: meganbarron20l8@gmaii.com BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson s®� s® �® 53095 Main Road• P.O. Box 1179 Patricia Acampora �® �® Southold,NY 11971-0959 Eric Dantes Office Location: Robert Lehnert, Jr. Town Annex/First Floor Nicholas Planamento �. ® 54375 Main Road(at Youngs Avenue) ® a C®UNTV SouthchEff E'L�VILE-D http://southoldtownny.gov J p (S IZ ZONING BOARD OF APPEALS n AUG 2 1 2023 TOWN OF SOUTHOLD Tel. (631) 765-1809 S®uth®Id Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF AUGUST 17, 2023 ZBA FILE: #7810 NAME OF APPLICANT: Megan Barron, Cottage 15, Breezey Shores PROPERTY LOCATION:65490 Main Road, Greenport,NY, Breezy Shores Cottage# 15. SCTM No. 1000-53-5-12.6 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the.property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated May 16, 2023 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued his recommendation dated July 17, 2023. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department,as well as the records available, it is recommended that the proposed action is EXEMPT from LWRP policy review and considered a Minor Action. PROPERTY FACTS/DESCRIPTION: The subject property is located in the R-80 Zoning District and contains 82. 6 acres. It is unproved with three dwellings,a brick building,two garages,28 seasonal cottages and 20 sheds. Access to the property is via Sage Boulevard, which is a private road, and the property is adjacent on the south to Shelter Island Sound. The Breezy Shores community is a unique property deeply rooted in the history of the Town. The multiple cottages on the property are pre-existing non-conforming use that was established prior to zoning by the Sage family in the early 1900's. The cottages previously housed employees of the Sage family brick factory, and after the brickyard closed, they were rented as seasonal cottages. In 2000, a real estate cooperative, Breezy Shores Community Inc. was established, and shares were offered as an ownership interest in the Cooperative. The cottage at issue in this application is known as Cottage # 15 as shown on the survey prepared by Howard W. Young, L.S. dated December 12, 2013 and a Site Plan of Breezy Shores, showing proposed improvements changing the roofline per Frank Uellendahl, Architect, last revised March 27,2023 and labeled A-1 and A-2. BASIS OF APPLICATION: Request for a Variance from Article XXIII, Section 280-123; and the Building Inspector's April 28,2023 Notice of Disapproval based on an application for a permit to construct a dormer addition to an existing seasonal cottage; 1) a nonconforming building containing a nonconforming use shall not be enlarged, r Page 2,August 17,2023 #7810, Barron—Breezy Shores#15 SCTM No. 1000-53-5-12.6 reconstructed, structurally altered or moved, unless such building is changed to a conforming use, located at: #15 Breezy Shores, 65490 Main Road(adj. to Shelter Island Sound) Greenport,NY. SCTM#1000-53-5-12.6 RELIEF REQUESTED: The applicant requests a variance to make an alteration to the roofline of cottage # 15 in Breezy shores where Town Code does not allow for any additions and alterations to cottage # 15 unless the cottage and Breezy Shores Cooperative Unit is changed to a code conforming use. ADDITIONAL INFORMATION: A letter of objection to the proposed change in roofline was received from a neighbor represented by an attorney. who stated in a letter to the ZBA dated August 2, 2023, that use variance standards should be applied to this application rather than area variance standards. However, this unique property contains residential uses that are conforming to the R80 Zoning Code.The cottages are only non-conforming because there are multiple cottages on a single property where the code only permits one residence on one lot. The ZBA has a long history of recognizing that the age of these pre-existing non-conforming cottages would eventually require some structural and code related improvements over time and determined that variances that were de mnimus in nature(prior relief granting no more than a 3% enlargement without expansion of the footprint) were reasonable for modernization and to keep the cottages in good repair and to maintain property values FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on August 3, 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§267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. This unique property represents its own neighborhood of 82.6 acres. It contains a substantial buffer of wetlands along the northern boundary of the property, and the enclave of cottages is sufficiently removed from other adjacent neighborhood properties so that adjacent property owners will not be affected by an additions and alterations. The small change in cottage# 15's roofline through a dormer addition will not result in any additional square footage being added to the cottage and will not change the character of the neighborhood. There is a nearby cottage with the identical roof dormer in place 2. Town Law &267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The existing seasonal cottage is a pre-existing non- conforming building with a pre-existing non-conforming use. As a consequence of the non-conforming status, any proposed additions and alterations will require relief from the Town Code. 3. Town Law §267-b(3)(b)(3). The variance granted herein for the alterations and additions is mathematically substantial, representing 100% relief from the code because Section 280-123 prohibits the enlargement of non- conforming buildings with non-conforming uses. However,the existing roof on this cottage in some thiry years old and must be replaced for proper maintenance and the addition of a small roof dormer in the cottage's roofline will not change the pre-existing cottage footprint. In prior decisions related to other Breezy Shore applications involving proposed increases of 3%or less in the size of these pre-existing non-conforming cottages,the Board has determined that such increases are reasonable and necessary for maintenance and updates and are de minimus in naturc. 4. T6wn 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. Page 3,August 17,2023 #7810, Barron—Breezy Shores#15 SCTM No. 1000-53-5-12.6 5. Town Law &267-b(3)(b)(5). The difficulty has been self-created since the applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. However, to the extent that a seasonal structure such as this one periodically requires some degree of reconstruction and/or alterations to continue the safe use of the structure, the need for variance relief is not self-created, but is created by Zoning Code that now prohibits an existing use and activities that at one time were not prohibited. 6. Town Law 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy.the benefit of renovations and additions while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Dantes, seconded by Member Acampora, and duly carried, to GRANT the variance as applied for, and shown on a Site Plan of Breezy Shores, and Architectural Drawings, prepared by Frank Uellendahl, Architect, last revised March 27, 2023 and labeled A-1 and A-2. SUBJECT TO THE FOLLOWING CONDITIONS: 1. The cottage use will continue in its current status as an unheated seasonally occupied dwelling. 2. No other alterations or additions may be undertaken without review by the ZBA, except for necessary minor repairs as determined by the Town Building Department. 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,siteplan 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 ander the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses,setbacks and other features as are expressly addressed in this action. Page 4,August 17,2023 #7810, Barron—Breezy Shores#15 SCTM No. 1000-53-5-12.6 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/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 THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE CODE REQUIRED TIME- FRAME DESCRIBED HEREIN. Failure to comply in a timely manner may result in the denial by the Building Department of a Certificate of Occupancy, nullify the approved variance relief, and require a new variance application with public hearing before the Board of Appeals Vote of the Board: Ayes: Members Weisman(Chairperson), Dantes, Lehnert,Acampora, and Planamento(5-0) Leslie Kanes Weisman, Chairperson Approved for filing / /2023 • �RECEIVET} CONTINUOUS RIDGE VENT � Z PROPOSED MAY 1`5 2023 RIDGE STRAPS SHALL BE ATTACHED W O ADDITION TO EACH PAIR OF OPPOSING RAFTERS o Zoning Board of Appeals ! 24" J ICE SHIELD UNDERLAYMENT 25 a PROPOSED DORMER J� REQUIRED - 24" FROM EDGE 8 M ADDITION l/ W COTTAGE FOOTPRINT REMAINS THE SAME — _ _ — — — — I CONAGE GREENPORT, NY _ - - - 15 BREEZY SHORES _ — SIMPSON H2A HURRICANE CLIP NAILED. FROM PROVIDE 8d COMMON RAFTER TO STUD. - NAILS ® 4" O.C. AT ARCHITECT TYPICAL ALL RAFTERS EXTERIOR EDGE OF ALL W 5 - 8d NAILS EACH END SHEATHING. o FRANK UELLENDAHL 123 CENTRAL AVENUE P.O.BOX 316 APA RATED PLYWOOD TO GREENPORT, NY 11944 EXTEND TO TOP OF TOP m TEL 631-477 8624 PLATE. o S2 C-14 (,_17 PROP'D DORMER 1-1/4" 20 GAGE STRAP W/ OWNER l� 5 - 8d NAILS � EACH 1S FL. C-15 C-16 � STUD - EACH END - TYP. MEGAN BARRON ( MAX. 48" O.C, ) POB 272 GREENPORT, NY 11944 TEL 347-366-0759 PLYWOOD SHEATHING TO OVERLAP BOX BEAM = - TOP + BOTTOM. n,-) 0 1 ST FLOOR z fs `w W o � 01 O SECTIONCD IS CRITICAL PATH — STRUCTURAL DETAILS 'FINAL MAP z REVIEWED BY ZBA THIS SITE PLAN IS BASED ON THE SURVEY DECISION# _7S L BY YOUNG & YOUNG FROM DEC. 2015 0 DATED: FOOTPRINT OF COTTAGE #15 = 584 SF N N u E5 o TIDAL WETLANDS BOUNDARY = EXISTING BULKHEAD = DATE: 03/27/2023 PEBBLE BEACH �a scALE: '/ls° _ '�-°� C p SCTM# = 1000-53-05-12.6 QE SITE PLAN -- TOWN OF SOUTHOLD 3 Q CRITICAL PATH SUFFOLK COUNTY, NEW YORK f:MAY:— W J�rr rr���r rrr� DWG. NAME ^ fi� � � _ D OFPP-qr f "�0o A-1 ADWG. NOSITE P N--- - SHELTER SLAN�soUNo Z PROPOSED DORMER ADDITION ADDITION CONT. RIDGE VENT RECEIVED J 7'_7" J 12,_$» �� r RIDGE STRAPS EACH RAFTER PAIR MAY 1=5 2023 ASPHALT ROOF SHINGLES TO MATCH EXT'G J Q 2x4 R.R. @ 16" O.C. NEW ALUMINUM GUTTER TO BE Ail Al Kis I m CONNECTED TO EXT'G GUTTER & LEADER i (2) 2x6 HEADER STRAPPED w/ HURRICANE CLIPS TO EACH RAFTER , / \ ® ACE SEE DWG A-1 FOR DETAILS STORA E LOFT 06M OOM o GREENPORT, NY (3) A281 AWNING WINDOWS w/ FULL DIVIDED LIGHTS i 15 BREEZY SHORES AS PER ELEVATION I ARCHITECT I o FRANK UELLENDAHL 123 CENTRAL AVENUE LAD ER o P.O.BOX 316 0GREENPORT, NY 11944 Ell I fR ENCLOSED m TEL 631-477 8624 PORCH I OWNER KITCHEN BATH BEYOND PORCH 0 O W � MEGAN BARRON POB 272 REF. 6,-4„ GRE TEL:L 347-366-0759 6 11744 -366-0759 w CROSS SECTION ! KITCHEN CD I W 0 2'-4° J A281 AWNING i • ����'��'• � � 9 - lz �� !-A1 DORMER AB VE U_ ILI O d c W I a z I � � I � N W N N BEDROOM zcD 0 I DATE: 03/27/2023 a SCALE: 1/4° = 1'-0° I FLOOR PLAN IAL MAPI WEST ELEVATION 3 CROSS SECTION - - - - - - - - - - - - - - MEWED BY ZB W DWG. NAME N# ISIO N DWG. NO A-2 PROPOSED WEST ELEVATION f ; DATED: EXISTING FLOOR PLAN o Gum= i ftlY LO fftmTCsmom' 6f63�ma.1 TuFCyfim ewK't Fm wC1!! u �iffi �i �pdQL7 @�P '.4P�4l�$�L{ G,6W 61�'w'J1 1� 6�52l�r3 Q�i t�F�"•3.•a+...{�•�,� lw��" F3 Q `��'�1•�1S'�7t' CST rt4"�!i*-W S$�+i�L��'ro�` Wr/'^."°."Grws:'+v wi i�}l C�3D�"'•^s �)E"S.T.34A Q ®/ 409 63M211vY Aumwg� tim fiat.WVOTA44 004 J----^ {tea• Pat E3 1 Pau=lam all \ G6.7W4.Apdh2est 6 0 POW IN= t �t m w �fl cep 0wopOaUJA an I ,� S 1\ \� '$ fivrogm 0-90 a PROM COMM 6 NBC= nes Sump LIWAIM Rego 090mm R472 DW PMML M 99=0191 Of LAS? :. .. t.5 2023 r1 � ,•f1 / ;^ - :;;.{. ��, , 17 Comm t's TRmw Olivier i ,Tom OF swaft cv�Nm York Pay©�►e3Pq 6•p� a . RAW ®tOr©�t�C7+�J+I�,SGY sc4wft Tax"W metE 59 untr(co La Poo M 'Y pip om m am tin VAIR or EL 8.400 m VA !moi Fa+� -- _ d j7M f a Dt m ®a M?8 W WT ®b Mei f-CUM ®a GrAM Wr ®a BFiIm Fmw • RU r •�/ 1 `.tea—_— -- / o k � , TO"axn .0+4^9acca RECE p 9 � 2023 ;ti of Appeal's *' ;m ! 22 �I •.tr} —- - 1 •t rr� 7'a A -j"" .� ! taaaxa m 411\ \I ! 01I J � 1.� - !�- ' .,x, ``•^•,,.`' "°" \ +� c+ ,.. w HIOO�� soh /y. o7 r J efaal �t J " On, a44 D 'fit �� ' .f 'SE°.� �yrr y �y . 'h ,N, sR� � Xr`�•{' � :S•J �mar., IVJ G `� � -...-..•^""..`` a'-o. �� 'j1'�AJ', '+�� `` +/ r°/ -__.r•..Ki,l•ti. rnuawo •`e�^�+'tr ��� """ 6�Y 5ttcsF.Es�GG43Y C0TA9l= 15 RECENED c�T MAY 12 2023 _ , ?ONING BOARD OF APPEALS a 2— 1W (3c V—r�� COUNTY OF SUFFOLK RECEIVED MAY 1'6 2023 A(s S l&(� •p,, m is Zoning Board of Appea OFFICE OF THE COUNTY EXECUTIVE Steven Bellone SUFFOLK COUNTY EXECUTIVE Sarah Lansdale Department of Commissioner Economic Development and Planning May 1-6, 2023 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 ale Number Megan Barron(Breezy Shores#15) #7810 Very truly yours, ��r�aaa A? By Christine DeSalvo Theodore R. Klein,Principal Planner TRK/cd Division of Planning&Environment H.LEE DENNISON BLDG■ 100 VETERANS MEMORIAL HWY,11th FI■P.O.BOX 6100■ HAUPPAUGE,NY 11788-0099■ (631)853-5191 1,Ky.ovk I- � of s0�r �� t COU To: Leslie Weisman,Chair RECEIVED Members of the Zoning Board of Appeals JUS j -8-2023 From: Mark Terry,AICP Zoning Assistant Town Planning Director Board of 4PPeais LWRP Coordinator Date July 17,2023 Re: LWRP Coastal Consistency Review for ZBA File Ref MEGAN BARRON, COTTAGE#15 BREEZEY SHORES#7810 SCTM#1000-53-5-12.6 MEGAN BARRON, COTTAGE#15 BREEZEY SHORES #7810 -Request for a Variance from Article XXIII, Section 280-123; and the Building Inspector's April 28,2023 Notice of Disapproval based on an application for a permit to construct a dormer addition to an existing seasonal cottage; 1)a nonconforming building containing a nonconforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a conforming use, located at: #15 Breezy Shores, 65490 Main Road(adj.to Shelter Island Sound) Greenport,NY. SCTM#1000-53-5-12.6. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program(LWRP)Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me,the proposed setback variance is EXEMPT.from LWRP review pursuant to: § 268-3. Definitions.MINOR ACTIONS item`BB"which states: BB. Additions to an existing dwelling constituting less than 25% of the existing structure where the addition is greater than 75 feet from a natural protective feature, except where the parcel is located in a coastal erosion hazard area; The second-story addition is not located within the CEHA and the majority is greater than 75 feet from the wetland. Pursuant to Chapter 268,the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Paul DeChance, Town Attorney FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL MAW DATE: April 28, 2023 +� TO: Megan Barron I MAY 1102023 &0 PO Box 272 MWINOWMOFAPp€ALS Greenport,NY 11944 ti Please take notice that your application dated March 29, 2023: For permit to: construct dormer addition to an existing seasonal cottage Location of property: 65490 Main Road Greenport,NY(Breezy Shores Cottage#15) County Tax Map No. 1000 - Section 53 Block 5 Lot 12.6 Is returned herewith and disapproved on the following grounds: The proposed construction, on this conforming lot in the R-80 District, is not allowed pursuant to Article XXIII, Section 280-123 which states: "A non-conforming building containing a non-conforming use shall not be enlarged, reconstructed, or structurally altered or moved, except as set forth below: unless the use of such building is changed to a conforming Authorized Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file,Z.B.A. Fee:$ Filed By: Assignment F0AqPWW'EIVED APPLICATION TO THE SOUTHOLD TOWN BOA AREA VARIANCE Zoning Board of Appeals House No. 15 Street S a g e B 1,, Hamlet Sou* o SCTM 1000 Section 5 3 Block 5 Lot(s) 12 • (o Lot Size Zone 9-go I(WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 3. 2 q. 2 o z 3 BASED ON SURVEY/SITE PLAN DATED Owner(s): mega- vav ro- .I IAL, 9- CO- $arrov— Mailing Address: P•o• Box 2-42 Green?or+, Ny 111144 Telephone: Fax: Email: n^�ga^bare^Zola@g"""I' o NOTE:In addition to the above,please complete below if application is signed by applicant's attorney,agent, architect,builder,contract vendee,etc.and name of person who agent represents: Name of Representative: n/a for( ) Owner( )Other: Address: Telephone: Fax: Email: Please check to specify who you wish correspondence to be mailed to,from the above names: (X) Applicant/Owner(s), ( ) Authorized Representative, ( ) Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 2 o z3 and DENIED AN APPLICATION DATED Q-•z s•2 oz a FOR: (,c) Building Permit ( ) Certificate of Occupancy ( )Pre-Certificate of Occupancy ( ) Change of Use ( )Permit for As-Built Construction ( ) Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: Section: Subsection: Type of Appeal. An Appeal is made for: ( ) A Variance to the Zoning Code or Zoning Map. ( ) A Variance due to lack of access required by New York Town Law-Section 280-A. ( ) Interpretation of the Town Code,Article Section ( )Reversal or Other A prior appeal (4) has, ( ) has not been made at any time with respect to this property, UNDER Appeal No(s). se. "low Year(s). sec b.I o w . (Please be sure to research before completing this question or call our office for assistance) Name of Owner: ZBA File# W ILl0µ4M 6y ZBA priors: 4242 (Iq�I 4)SAAn (046'1 (2013 IZ23 (.201$) NELSDN 1j 65a' CZO17_� OT,-Nd Plorte¢oN 6525 (Z012PN )oTo (o1 04 (2b14) -4-108 (2020) 7&TSKy MVL�r+A0 a¢ookv+ (0(022 (zo13)+ +0* (0862 (2015) -4461 (2021) snKns Mix¢n Ny SCHMDT 6 io 6 0 (20 l3)Uor.rrw (0 9 34 (2016) 4 462 (20 z1) shkas RECEIVED REASONS FOR APPEAL (Please be specific, additional sheets may be usec with prcM0rj.5 2023 1 D signature notarized): 1.An undesirable change will not be produced in the CHARACTER of the neighbor o7-P0A%&@rt9,faWeals properties if granted,because: 0, is1 a rcQlacerrmen+ of an aicl reef, so will only 6,_ an m + d ImFraveen , an 4 )e -4ormer (propo$eb) w fit l heari.l i Aelr1k cal 4-o The ne'_5 60"'_ (co+-l-aye- I1�0), -il,erefore vrsunlly consi54-en+ • 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: Oke- co+4'a5e5 a+ Breezy shores rrlus+ a1=,Lyj Scelr cN %jAr olncz 4'D any a14-eVr0l+-"ons propo-sej; they havc pre_ex�`s�lhy nOnconforrn�.-�y us.e. 3.The amount of relief requested is not substantial because: ia- +e of- on- roof Iormev +hero is by eXpoansron df -Foo+pr�Y+1 whatsoever. 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: +her.. is n o fi n e r ca se- in -fc o+Fr v+ or c v ha�ne_ nor are sePTG syslcros invalvcd , A650, +ke- pevpos"A word would havc n0 or yA jsicAl IMPac'f. 5.Has the alleged difficulty been self created? {X}Yes,or{ } No Why: ► am aware- of +h e re alaera#�ons� F�owever, n+y co'E+I !jc never+l.elegs neeas �v VIave a. hew roof ,a„ rerkAC.e ohe +ha+ is ever 3o years oid� g1 an aadeJ Jorrner shoU.lel no+ creaae any neyom•hve impac+s. Are there any Covenants or Restrictions concerning this land? { }No { } Yes(please furnish a 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 health,safety and welfare of the community. By signing this document,the Property Owner understands that 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 Io 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. Signature of Applicant or Authorized Agenr— (Agent must submit written Authorization from Owner)- Sworn to before me this IM day of ""'Z , 20 �3 P 'jV' DIANE DISALVO Notary Public NOTARY PUBLIC-STATE OF NEW YORK No. OID1475593 Auc]Med-Im-Suffolk-Count My Commission Expires April 30. 202(0 APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: rn e g a n 'aart-oi Date Prepared: 1 M a z o co I. For Demolition of Existing Building Areas RECEIVED Please describe areas being removed: e MAYT5 2023 oning Board of Appeals II. New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: r ja Dimensions of new second floor: -/A Dimensions of floor above second level: r�a Height(from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes,please provide height(above ground) measured from natural existing grade to first floor: h�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: _ o ti e-S b r y wood_ fro nn e < a anal co 4-+a Number of Floors and Changes WITH Alterations: s a n„a as a b,ve i un ch a n 1 4, cXC p�,pY� of T r�nSe j do rmrr 1V. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: se4 .5 q. f+ Proposed increase of building coverage: n a n e Square footage of your lot: aCres Percentage of coverage of your lot by building area: N/R V. Purpose of New Construction: need k replace ronf of sot ears. wk;►e dol;,--A cn, add a dor.,,,e,- +n jar> aInn'q N nth new roof 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): SI-Lib+ grade- Y,4n%+ly fln+ Drbpe.,4 4 in {o l 1 -s ekFVrn�tt1e14 °Ick acres, \wJkir-k iNCludr5 lawn,_wnoJS, frcGty) a r n,na enn+ rsea 4-�ha c04+.j,,,cs_)y Ian A-- un JPr Ja'�-2r -Me propos 1 h', n in a y-no-E. howeve-r shoo\ J "o+ prCSern+ a diff",10i4 in ryie +- r%5 rnAe raiju,reMens Please submit seven (7) photos,labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 RECEIVED QUESTIONNAIRE MAY 15 2023 FOR FILING WITH YOUR ZBA APPLI TIOM dd A. Is the subject premises listed on the real estate market for d of Appeals Yes X No B. Are there any proposals to change or alter land contours? X No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? y e s 2.)Are those areas shown on the survey submitted with this application? y t s 3.) Is the property bulk headed between the wetlands area and the upland building area? y e s 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? e s Please confirm status of your inquiry or application with the Trustees: +►,cy 4,'J h o+ re j u;r e 4n a Fpk:_--4"o n -b r +t+:s and if issued, please attach copies of permit with conditions and approved survey. P D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? N o 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? a o If yes, please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel seasonal Co++ayz and the proposed use seA6onot l cok+a.3e roof re pla ceYr,enk -r new dormer . (ex:existing single family,proposed:same with garage,pool or other) S.I.2023 Authorized signature and Dat RECEIVED AGRICULTURAL DATA STATEMENT MAY 1 5 2023 S�� ZONING BOARD.OF APPEALS TOWN OF SOUTHOLD Zoning Board of Appeals WHEN TO USE THIS FORM. The form must be completed by the applicant for any special use permit, site plan approval, use variance, or subdivision approval on property within an agricultural district QR within 500 feet of a farm operation 'located in agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Sections 239- m and 239-n of the General Municipal Law. 1.)Name of Applicant: m.e ar, e a Ct or 2)Address of Applicant-._15 sao.'S►vj CAraen�o✓� tJy IIa�Fg (G67490 INa1h 1z, #t5\ 3)Name-of Land Owner(if other than applicant) B Z" Shores Corp., l t e_ 4)Address of Land Owner: '6'5hao ma%;% t✓A ' dA, C_r oe T r4, N14 I►g A,* (greet,, stiores co++-a yt ls) 5)Description of Proposed Project: pl are ex i S e� rn�'F + a c� 'or.a d o r m e r 6 Location of Property road and tax ma number : l 0 00=s s-�- I.z. 6 5490 nna�� �e a aree�p p y( p ) G'o++aQe IS Breezy Shores 7)Is the parcel within an agricultural district? ❑No N Yes If yes, Agricultural.District Number 8) Is this parcel actively farmed? NNo ❑Yes 9) Name and address of any owner(s) 'of land within the agricultural district containing active farm operations) located 500 feet of the boundary of the proposed project. (Information may be available through 'the Town Assessors Office, Town Hall location (765-1937) or from any public computer at the Town Hall locations by viewing the parcel numbers on the Town of Southold Real Property Tax System. Name and Address 1. Chr's Barz P.O. Box z2fo soui4.old N`I II °Ig1 ar2 —S—SSI•► o 2. 3 4. 5 6.. (Please use back side of page if more than six property owners are identified.) The lot numbers may be obtained,in advance,when requested from.either the Office of the Planning Board at 765-1938 or the Zoning Board of Appeals at 765-1809. 5 / 2 ' / 26 .2 Signature o App ican Date Note: 1.The local board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation.Solicitation will..be made by supplying.a copy of this statement.. 2.Comments returned to the local board will be taken into consideration as part of the overall review'of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant and/or the clerk of the board to the property owners. identified above.The cost for mailing shall be paid by the applicant at the time the application is submitted for review.Failure to pay at such time means the application isnot complete and cannot be acted upon by the board. 1-14-09 RECEIVED /REPRESENTATIVE MAY 15 2023 TRANSACTIONAL DISCLOSURE FORM �1b ID The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers nZQHW9N1A6@r9h@t Is of this form is to provide information which can alert the town of possible conflicts of interest an action is necessary to avoid same. YOUR NAME : M e, ",a r r o r (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all.that appy)_ Tax grievance Building Permit Variance • x 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 X If No,sign and date below.If Yes,complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative) and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this day of ,20 2 3 Signature Print Name nA e_,ia- B a r r cr 617.20 Appendix B RECEIVED Short Environmental Assessment FormJul MAY 115 '2023 Instructions for Completing Zoning Board of Appeals Part 1 -Project Information. The applicant or project sponsor is responsible for the com klian 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 BAR(zoN Coi-Eace # IS' Name of Action or Project: $reezy Shores comm., Inc. Project Location(describe,and attach a location map): (4E-4q0 Main M,4, Route 25 6veenpor-F, Ny I1o1-++ Brief Description of Proposed Action: replace exrsi,n9 roof p,-OF05e add,;,y dorrncr Name of Applicant or Sponsor: Telephone: 3.4 4. 3 t�4. o-:�s Meg An E-Mail: r„1G�01„16wrro..2618043mn:1•eo�. Address: a Iso p•0• BOAC 2�FZ 15) greeny Sl+ores) City/PO: State: Zip Code: 4reen por-4 N'-1 11944 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 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 agency(s)name and permit or approval: 3 u; I d n 9 d e p q,4-me n4 X 3.a.Total acreage of the site of the proposed action? 8 2./o acres b.Total acreage to be physically disturbed? o acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 92.(o acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban )Rural(non-agriculture) ❑Industrial ❑Commercial 'OResidential(suburban) ❑Forest kAgriculture )K Aquatic ❑Other(specify): ❑Parkland Page 1 of 4 RECEIVED 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? MAY 15 2023 X b.Consistent with the adopted comprehensive plan? Roard of Appeals X 6. Is the proposed action consistent with the predominant chars er of the e ' NO YES landscape? X 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: x 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES X b.Are public transportation service(s)available at or near the site of the proposed action? X c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? X 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: X 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: X 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: % 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 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: CK 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? ❑NO❑YES X .Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? �}'�'z;- :°=•� ,r,..-• If Yes,briefly des tribe: ❑NO❑YES Page 2 of 4 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: RECEIVED X MAY Jg 3 19.Has the site of the proposed action or an adjoining property been the location of n active or closed NO YES solid waste management facility? Zoning Board of Appeals If Yes,describe: 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: 1 I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: M e 5 a n 8 a r r o r, Date: A May 2 o z 3 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?" or Moderate - Vll to large , impact impact may may r: r . x° - ,.,h:°..._.-.:>,...: cur 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? X 3. Will the proposed action impair the character or quality of the existing community? X 4. Will the proposed action have an impact on the environmental characteristics that caused the X establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or X 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 X reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: X a.public/private water supplies? b.public/private wastewater treatment utilities? X 8. Will the proposed action impair the character or quality of important historic,archaeological, X architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, X waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 No,or Moderate to large RECEIVE 7ay impact may occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or rainage problems? (� � 11. Will the proposed action create a hazard to environmental resources or hu an fiea �. oa!ftp peas 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 Town of Southold LWRP CONSISTENCY ASSESSMENT FO RECEIVED A. INSTRUCTIONS MAY 15 2023J.1 1. All applicants for permits* including Town of Southold a enci s shall n�,,,� t� F for Pp p g g nmg� �A7 proposed actions that are subject to the Town of Southold Water fr nt �onslstenc eThis 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# 1 o o 0 - 53 ^ 5 - 1z to The Application has been submitted to (check appropriate response): Town Board Planning Dept. 0 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 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: pwposo 4v replace ex;s'f'r,a1 roo'� pr,d add. dOrn�er 6 5A 10 R 25 Location of action: Shores Arcev, or4Lj It 7 RECEIVED Site acreage: 92-4 a r t s Present land use: r�d i d er,ii a l Sc a s or a l c o-1--4-a, .e.s MAY 15 2023 Zoning Board of Appeals Present zoning classification: tz-s o 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: nn a n B a r r-,r (b) Mailing address: F-0. Box 2-12 G e e r. o, +, +v y Ig 4�F (c) Telephone number:Area Code( ) (3 4-4) 3 4, , o-4 -'1 (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. Yes F—] No (Not Applicable- please explain) Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria 0 Yes 0 No X❑ (Not Applicable—please explain) Attach additional sheets if necessary RECEIVED Policy 3. Enhance visual quality and protect scenic resources througho t the njo ���i�hold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria Zoning Board of Appeals Yes E No ® (Not Applicable—please explain) Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize .loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria Yes .No ® (Not Applicable—please explain) _.._:.. _Attach.Attach additional sheets.if necessary..... Policy 5. Protect and .improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria Yes 0 No © (Not Applicable—please explain) Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. Yes FdNo© (Not Applicable—please explain) Attach additional sheets if necessary RECEIVED Policy 7. Protect and improve air quality in the Town of Southold. See LWRIMcfi620j3- Pol cies Pages 32 through 34 for evaluation criteria. See Section III-Policies Pages 34 through 38 for evalua ion criteria. Zoning Board of Appeals ❑ Yes ❑ No© (Not Applicable-please explain) Attach additional sheets if necessary Policy S. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III-Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No © (Not Applicable-please explain) 1 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. ❑ YeLl No® (Not Applicable-please explain). Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No ® (Not Applicable—please explain) RECEIVED MAY L5 023 413w 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—please explain Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III—Policies; Pages 62 through 65 for.evaluation criteria. ❑ Yes ❑ No© Not Applicable—please.explain Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No © Not Applicable—please explain SCTM # j TOWN OF SOUTHOLD PROPERTY RECORD CAP 1 sly OWNER STREETr?J�` t' ' VILLAGE DIST. SUES. LOT ��,,^J ,r Y jjr t ,t / t l� ! ,1�f ,r� f�^ f 141x. tr" AJ A ACR. - REMARKS .l f Vis. / ? ell i� �_ �n. TYPE OF BLD. 4-1 � w PROP. CLASS LAND IMP. TOTAL DATE _ 410 V/ blo TOWN OF SOUTHOLD 0 2 2023N o , FRONTAGE ON WATER HOUSE .9T 70 rn D rn 0 H � rn Oh ^'o � BULKHEAD w v c� TOT L. f —_ r SCTM # o D 6 TOWN OF SOUTH&D PROPERTY RECORD CARD D "5 OWNER STREET L3 VILLAGE DUST.1 SUB. LOT T (-"I Corr'�nt n,4-',--lr /vl ACR. REMARKS 411 lne-rJ TYPE OF BLD. Drs PROP. CLASS T l — )0 b 4 i'f,)q rc JDD 2-� LAND imp. TOTAL DATE I -,j -I 3522"i ll)l in j'l-nor 7,(.6 K'fl r!n vlt)17�4 z-(o co(aces# se CL 0-" 0 FRONTAGE ON WATER CDJ S E f�T Mo -c' L BULKHEAD cQ-) TOTALO -7- _ _ � �:p .. : . _. _. .. ����: . .: ��= � � �1 ao � S r 'z• � .. .moi i I C� C� - ' _- /�?; TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET / VILLAGE- DIST. SUB. — LOT "i- --- ACR. REMARKS tt TYPE OF BLD. PROP. CLASS � fl.dd's i �r��� !/U J •'� / ..✓.� [1 •,..�,,•;, ,,.» J—' � :e..%d",''..•:r_" { f I 8 L..1 f 1�: �itl ��r Y,a C'' 7l ..r�J •d * `-�*- .;F y t TOTAL DATE , f.-x p� LAND 'IMP. /, f,�.;- 20 s _ fi y� -j ' - �•- '+_ i:..L� ! '..t,fs ��� �c f..,� (}�.. 1,✓I_�� -G.'�1"-��� 1 �. _ I~r e �_lt"f.•� y t° C rte: �J:-,�`%-i ' f��7. /n-lJ.t:'J_ (�'�- ja��_ � kJr�i'�,� 14 �.r'l '.� ff=G•.,'�:'} - ' � v+.� fy� ��` i�� a 'r G� f �Ll-.' �t....4��{•jr t�:�� �,f,.�+.,�.f„'-`• .f G�:.� - `ft L £a:Ia ft},9 �. �••t;^- ._-14- .-3'3 Wrte E. pr ifer. P LA o DEPTH S�I� P_:17L 3po - BULKHEAD �J �'��`_ +- MEAD 1�LAND S�I �b� � � ? C > i Li j r0' i 2L'I�'•� !�I>�t.rs_�. ����.��?�.. �a��c-{��. -:off�t����wf=�'� ` '- i-• ` �'�_--..� �. ..� � I t? PP 1J � O. $ '~tom , 1. at' {'i �7/ `1 F TOWNOFSOUT HOLD : PROPERTY RECORD CARD OWNER .. - STREETVILLAGE DIST. SUB. LOT C hCtr`p`[1-e a - ' �n5o/► �Of FO EaR OW Ef+..1'.. \\ P' (( 1, N `r : E ACR. �°G;4 - �Gtcrii� y '. � lc''y , P,vU.' eq �} `. . S +� W 7.1 ,f 1 r TYPE OF Bl� INt (�' �r.k - l . .V\,�h? RES. a SEAS. VL. - FARM COMM. CB. ...MICS-. Mkt. Value LAND IMP. TOTAL DATE REMARKS I 'q i 7S 531.9off` -V .( 7.. F?LF C;- S :"f': kms_=q i.1 5 5: ioo '�. =2,Co 5 t a ►3, .� �; 3��� z�� :-, r i i n.SPn;fa.s-aizsQ�r - / � % �1 ,. ,1'16`i'�' � �t'1 'I� 9�J`�-'-'1-�`- 'f"r,�. •G' _t.Q� 473889 51..=5-12 :6 OWNER: SHORES .INC_'.BREEZY NUMBER# DATE TYPE CO .#' USE/DESCRIPTION 2344'0 ' 5/15/9_6 .PERMIT REPAIR-COTTAGE #25 23441 , 5/15/96 PERMIT 'REPAIR COTTAGE - #7 23442 5/15/96 PERMIT REPAIR CO GE #25 b 23443 5/15/96 PERMIT 'REPAIR 4E#12 Tillable - 23444 5/15-/-9'6 PERMIT REPAIR -CO GE 44 rn . Woodland rn _ 23 8/08/96 PERMIT REPAIR E I INd SE AL .COTTA Meadowland' BULKHEAD House Plot . a c' - ':k�::ice a�: -;..+=',Y'.'•--�:�` ,i32a .. - -:', - r ' tel\ "'~; _..e��`•I••: _�.r'�-_M1. .. , s.�_._ ., _ - - 4 COLOR TRIM n I- E Extension Extension Extension .� Gc-� c•a — - o.lf� 02 D D j Foundation Bath i .. I Di e Porch N . Basement Floor 1 I '.a s- K. uz Porch y : _ � � �.. „� Ext: wa IIs I LR. fl°, n a (. — . O d � ,� Interior Finish Breezeway �: a-•- M e2 cr-G. Heat crt i Garage Type Roof IDR. o N rr� yP Rooms 1st FloorBR. w, j 'Patio (Recreation RoomFB Rooms 2nd Floor I O: B. FIN.� Dor _er Driveway Total �+-vs�e�l 3 eeatr c_Qc\'� .: ,. TRE T SU B LOT1 LLA . DISTOWN ��1 . 4 yi7^ ..s`r s�7 �•r ta' - �./1 .� �. `:��.A},..� / ��.i t' _. .. 1�• � I C/ -, COLOR TRIM ,o w t _ Y .1 Y.6'I\ Both, J _ M.- Bldg. / Foundation �. Dinette', Ile Extension? 7 j " - Basement ria ss Floors w_t e., h o v, r�? K.- ..x 6 t 7r 3(n: _ � �'L,�.I�. Interior- Finish t�q�n, LR. 0 " Extensi Ext. Walls ExtensJonA Fire Place Heat DR..,,.: Type Roof Rooms 1st Floor BR;. Porch 3 t 4 V,S/,'� %. Recreation Roo Rooms 2nd; o FIN. B: Porch / -J ,= { Dormer 2 Breezeway ly JY �7 � / Driveway -< C7 —Garage G M C:_ -- Patio v?6 r<, IS = �`� r� a .n.ti Z '/ v V w . o. B. — O Ln To I - - - -. _ q�. -:� F. .r r Y ' '.t :.1 :�'..• S•. - 13 A 16,14 77 :t�.:re-"t .-rt'�,.'q?!C�'./''. ..rte '��:"'�1r ra�: '±::: '�:r°A�. t... §.. '.'�; .�ir•� i�-w. �e4..P�i'Y'..�=`-+r.s`!+;^'S"',. 'e'r0 M fi::l. I Ia.S t _ Fn x .0 �y - 1p n lcbi r11 .113 7M 777 CD� Pylic 2- . 0� 7 be 1 STOP- SHS •tet' •\ MrS worPtio=+'f o/cx41-6- SCALE.If�=.I04 �ays ,}-urrnc rFcr7r• i Coo •�_,• - - ✓- `\J / R i4- GRRErxR. VrtvS�D SAoWElL _ c� i o • Sk - CYT-!s/x•„•Po•c� tri• .. _ _ -.q.r F Y P.o YYYi\ 1 _ \ - - .S:/..f o or _ ( 'Dys..r?'}'Z���w•Y7-�t nrrr�c-s � I .r(:AF27:c' 1-i �jr`y�¢.�sr c r� 4 i fo it rZ �1t3 �7�+ r6 L F7 18 �Q LS 2t (z 7(Ps � Psi « u riO+c�f rJ •�� l� � � pLoT �'ma.D wirnst SGR+cS � ,lam['_ /• 1'' r ' �-�._ .L -- - f Sf'a1'. •� BftKK -/S • ��"�; 3 t7ovSc cwa w.r,,.y-��aJ C•u sra.rs� — � to 3 44c b .srns Rncus+-cr . ,� .-' --•-A LL 7'Nt'i�L+tT}Ly'= .I�c l N�iL��L kK Ld— f Q Ln C o fT+t,e 3 �crSa Ho-�..i7rx•ro Qr=r�et�Z_ R _I f O C h N rn �- O -O W CD FORM NO. 4 TOWN OF SOUTH LD RECEIVED BUILDING DEPAR Office of the Building Inspe(qRf 1 2023 Town Hall Southold, N. eals 460 Zoning Board of App CERTIFICATE OF OCCUPANCY No: Z-32793 Date: 12/18/0 THIS CERTIFIES that the building INTERIOR ALTERATION Location Of Property: 65490 MAIN RD GREENPORT (HOUSE NO.) (STREET) (HAMLET) County Talc Map No. 473889 Section 53 Block 5 Lot 12.6 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated OCTOBER 11, 2007 pursuant to which Building Permit No. 33486-Z dated OCTOBER 23, 2007 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 ALTERATIONS (INTERIOR BATHROOM ADDITION) TO AN EXISTING COTTAG #15 AS APPLIED FOR. The certificate is issued to BREEZY SHORES COMMUNITY (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED 12/12/07 JOE WHITECAVAGE / x� A hor'zed s4nature Rev. 1/81 RECEIVE® MAY 1.5 023 Zoning Board of-Appeals t i 46 AA16 � //7T�piCiA P4,V�i/� v l e-/ til /ofr{o L�s.d� ?C,42f Zo 6 E ar /PE-t7r�E-,�✓, ---5�c�ar,�-�`T'TA�c�w_CLSE_�D/Seov_T.vat� f,e yob - 7-21q r/ _oL_ �i cps- ,j.► Fi4,e� BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson �a4F SQUjyD 53095 Main Road•P.O.Box 1179 ti0 l0 Southold,NY 11971-0959 James Dinizio,Jr. t Office Location: Gerard P.Goehringer G To 0r,7Eapif a Bank George Horning i0 4375 M&H3Ud` ElZbungs AN enue) Ken Schneider000M Southold,NY 11971 MAY 1.5 2023 http://southoldtown.northfork.net ZONING BOARD OF APPEALS Zoning Board of Appeals TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 27 FINDINGS,DELIBERATIONS AND DETERMINATION Sotaold Town{ leA MEETING OF JULY 19,2012 ZBA FILE: 6525 NAME OF APPLICANT:Breezy Shores Community, Inc.(Hernan Otano, Cottage#5) PROPERTY LOCATION: 65490 Main Road(aka Sage Blvd.)Greenport,NY SCTM41000-53-5-12.6 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type 11 category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated November 17, 2011 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated November 29, 2011. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our determination that the proposed action is CONSISTENT with LWRP policy standards. PROPERTY FACTS/DESCRIPTION: Subject parcel is located in the R-80 zone and contains 82.6 acres. It is improved with three dwellings, a brick building, two garages, 28 seasonal cottages and 20 sheds. The Breezy Shores community is a unique property deeply rooted in the history of the Town.The access to the property is via a private road (Sage Boulevard) and the property is adjacent on the south to Shelter Island Sound, as shown on the survey dated January 25, 2011. The multiple cottages on the property are a pre-existing non-conforming use that was established prior to zoning by the Sage family in the early 1900s. The cottages housed employees of the Sage family brick factory and have been rented as seasonal cottages. In 2000, a teal estate cooperative, Breezy Shores Community Inc., was established by the community and shares were offered as an ownership interest in the cooperative. The cottage at issue in this application is known as Cottage no. 5 and is owned by Hernan Otano. BASIS OF APPLICATION: Request for Variances from Article XXIII Code Section 280-123, Article XXII Section 280-116 and the Building Inspector's October 14, 2011, amended October 18, 2011, amended to clarify description of structure dated December 8,2011,Notice of Disapproval based on an application for building permit for demolition and construction of a cottage at; 1)a nonconforming building containing a nonconforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a conforming use, existing cottage is a nonconforming building with a nonconforming use 2) less than the code required bulkhead setback of 75 feet. Page ZBA Filf3—July 19,2012 RECEIVED ZBA Filet16525-Otano CTM: 1000-53-5-12.6 ^^nn yy TT R RELIEF REOUESTED: The applicant requests variances to reconstruct a cottage t at was'derhoiie�� d "as V built" construction with a nonconforming use where the code permits no enlargement reconstruction or alterations unless the building is changed to a conforming use, and a bulkhead setback of 50 fe 4138+1 Vg oa*dje9h*gp5 feet. AMENDED APPLICATION: During the hearing,the applicant was asked to separate the two variance requests: 1)the nonconformity to be considered under the use variance standards; and 2)the bulkhead setback under the area variance standards. The use variance application was reviewed under Zoning Board file#6557. ADDITIONAL INFORMATION: The applicant was given a building permit to lift the cottage off the foundation and replace the foundation to conform with FEMA requirements. The applicant demolished the cottage without benefit of a building permit. The cottage is part of an incorporated community. In 1985, a prior owner applied to the Zoning Board of Appeals under file#3320 for permission for a 19 lot subdivision of this property; the request was denied. In 1994, the original owner applied to this Board for permission to continue a discontinued use of renting the cottages, the application was deemed inactive and closed since the applicant never provided the additional requested documents. It is also noted that this property does not have 280A approval. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on December 1,2011,January 5, 2012, March 1, 2012 and June 7,2012 at which time written and oral evidence were presented. Based upon all testimony,documentation,personal inspection of the property and surrounding neighborhood,and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law §267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood nor a detriment to nearby properties. This unique property represents its own neighborhood of 82.6 acres with substantial wetlands and is far removed from adjacent properties. Thus, no adjacent property owner will be adversely impacted by the proposal. These 28 seasonal cottages on the subject property have been in existence since the early 1900's when they were built for occupancy by workers in the Sage brick factory. In the 1940's, when operation of the brick factory slowed, cottages were rented to summer guests. Each of the adjacent waterfront units are similarly located from the bulkhead and are of similar size. 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue, other than an area variance. While this Board recognizes the existing proprietary lease on the property that limits the applicant with respect to where he can build a replacement cottage structure, given the ample size of the property, it is feasible for the applicant to construct this structure in a conforming location. It is noted that the proprietary lease is a document that can be changed based upon the needs of the community and its owners. Additionally,the proprietary lease cannot take precedent over the Town Zoning Code. 3. Town Law 4267-b(3)(b)(3). The variance granted herein is mathematically substantial,representing 33%relief from the code. However, in the context of the entire community the variance is not substantial. The non- conforming cottage units have existed in the current location since the 1940's, with each cottage unit in a similar location. The location and size of the proposed structure shall remain the same. 4. Town Law 4267-b(3)(b)(4) A variance in this residential community will not have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant has stated that it is not feasible to relocate the cottage due to the extent of the flood zone this parcel is located in. Additionally, the changes made to the foundation have made the structure compliant with FEMA. Finally, the applicant shall be required to conform to the requirements of Chapter 236 of the code regarding storm water ninoff. 5. Town Law§267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the Page 3 of 3—July 19,2012 ZBA File46525-Otano RECEIVED CTM: 1000-53-5-12.6 limitations on the use of the parcel under the Zoning Code in effect prior to or at'the li&Q3purch jb 4 O Additionally, the applicant proceeded with a demolition/construction of this st cture without the benefit f a building permit. Zoning Board of Appeals 6. Town Law &267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new seasonal cottage unit while preserving and protecting the character of the neighborhood and the health,safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Weisman (Chairperson), seconded by Member Goehringer, and duly carried,to GRANT the variance as applied for,and shown on the architectural drawings labeled site plan,floor plan,and east, west, waterside and entry side elevations,'prepared by Fairweather Design Associates dated 11/10/2011 and stamped received by the Board of Appeals on November 10,2011. CONDITIONS: 1. The structure shall be used only as an unheated seasonal cottage 2. No future alterations/renovation or additions on the subject cottage may take place without review by the ZBA,other than necessary minor repairs, as determined by the Building Department. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey,site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals, Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes:Members Weisman(Chairperson),Goehringer,Schneider, Horning. Nay:Me er Dinizio. This Resolution was duly adopted(4-1). Leslie Kanes Weisman, Chairperson Approved for fling rJ /23 /2012 BOARD MEMBERS SOF so Southold Town Hall Leslie Kanes Weisman,Chairperson /y� 53095 Main Road-P.O.Box 1179 �O ou o , 1 1971-0959 James Dinizio,Jr. RECEIVEI6fce L cation: Gerard P.Goehringer Town Annex/First Flo r,Capital One Bank George Horning ME&Mkoad(E Youngs Avenue) Ken Schneider l'��'DU Southold, Y 11971 O Zoning Board of Appeals V http://southoldtown.northfork.Ret ZONING BOARD OF APPEALS ECEIVED TOWN OF SOUTHOLD 4 ' Tel.(631)765-1809-Fax(631)765-9064 J 2 7 2012 FINDINGS,DELIBERATIONS AND DETERMINATION So hold Town Clerk MEETING OF JULY 19,2012 ZBA FILE : #6557 NAME OF APPLICANT: Breezy Shores Community, Inc. (Hernan Otano,Cottage#5) PROPERTY LOCATION: 65490 Main Road(aka Sage Blvd.)Greenport,NY SCTM# 1000-53-5-12.6 SARA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review'falls under the Type lI category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated November 17, 2011 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards, The LWRP Coordinator issued his recommendation dated November 29, 2011. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: Subject parcel is located in the R-80 zone and contains 82.6 acres. It is improved with three dwellings, a brick building, two garages, 28 seasonal cottages and 20 sheds. The Breezy Shores community is a unique property deeply rooted in the history of the Town.The access to the property is via a private road (Sage Boulevard) and the property is adjacent on the south to Shelter Island Sound, as shown on the survey dated January 25, 2011. The multiple cottages on the property are a pre-existing non-conforming use that was established prior to zoning by the Sage family in the early 1900s. The cottages housed employees of the Sage family brick factory and have been rented as seasonal cottages. In 2000, a real estate cooperative, Breezy Shores Community Inc., was established by the community and shares were offered as an ownership interest in the cooperative. The cottage at issue in this application is known as Cottage no. 5 and is owned by Heman Otano. BASIS OF APPLICATION: Request for Use Variance under section §280-13 (A)(1)which permits single family detached dwellings, not to exceed one dwelling per lot and from Article XXIII Town Code §280-123 and the Building Inspector's December 12, 2011 Notice of Disapproval, updated March 6, 2012 based on an application for building permit for demolition and construction of a cottage as; 1) a nonconforming building containing a nonconforming use shall not be enlarged, reconstructed, structurally altered or moved unless such building is changed to a conforming use RELIEF REQUESTED: The applicant requests a use variance to permit the demolition and reconstruction of an 807 sq. ft. seasonal cottage.The total 807 square feet includes the habitable space and non-habitable porch,but not Page 2 of 6—July l9,2012 T. j ZBA File#6557-Otano i CTM: 1000.53-5-12.6 ,A l 1.b L023 the stairs and landing. The need for a use variance is caused by the request to establLshandditional use (non- conforming cottage)on a subject property that already has a principal use(dwelling). eatsg Board of AppADDITIONAL INFORMATION: The applicant originally applied to the ZBA solelydance or the setback of the cottage to the bulkhead. The bulkhead variance is addressed in ZBA decision 46525. During the initial public hearing on this matter, when questioned on whether the demolition of the structure would cause the structure to lose its pre-existing nonconforming status,the applicant's response was that the structure was not being demolished and that, even it if were, that the structure could be permitted under §280-122. After receiving significant testimony from the applicant's representatives and the Town Building Department, the Board requested that the applicant submit an application for a use variance. As such, the Board will address below the issue of whether the structure was demolished; whether this structure constitutes a nonconforming building with a nonconforming use; whether §280-122 permits the demolition and reconstruction of a pre-existing nonconforming structure; and whether the applicant is entitled to a use variance. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held public hearings on this application on December 1,2011,January 5,2012, March 1,2012 and June 7,2012,at which time written and oral evidence were presented. Based upon all testimony, documentation,personal inspection of the property and surrounding neighborhood,and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: I. Demolition Based upon the Notice of Disapproval issued by the Building Department on December 8, 2011 and updated on March 6,2012,the proposed action included the demolition and construction of a cottage. It is important to point out that the Notice of Disapproval was issued after a stop work order had been issued on the property and prior to the work being completed on the structure.The applicant presented the following testimony/evidence to illustrate that the proposed construction did not constitute a complete demolition of the structure: 1. A floor plan with its original application dated 11/10/2011 indicating"rebuilt existing walls"and"new walls" 2. A memorandum,received on December 28,2011 that included a listing of items that remained in the structure and items that were re-built 3. A letter from an Architect,Robert I. Brown dated December 13,2011 stating that"less than 50%of the structure had been demolished" At the public hearing on March 1,2012,the Board addressed each item presented by the applicant. The Board noted that the floor plan submitted dated 11/10/2011 indicated that every single external and internal wall of the structure was either being rebuilt or was new. (March 1,2012 Transcript,pg. 6 lines 15-25). Additionally,the Board members and representatives from the Building Department noted that based upon the physical inspection and their experience, it appeared that the applicant took the structure apart piece by piece and reconstructed a major portion of the structure. Both the memorandum and letter from Mr. Brown attested to the work that had been performed up to and until December 10,2011 when the stop work order was issued, but did not account for the additional work that would be required to complete the construction on the structure. Additionally, Mr. Brown's letter did not contain the mathematical support for the calculation,nor did he provide such calculations at or after the public hearing as requested. As such,the statements made therein are simply conclusory with no basis in fact before the Board. On the other hand,and based upon the physical inspection of the structure the Board notes the following items: 1. A new foundation was installed; 2. New plywood siding was installed; Page 3 of 6—July 19,2012 ZBA Pile#6557-Otano CTM: 1000-53-5-12.6 3. New joists were installed; RECEIVED 4. New strapping was installed; 5. A new plate was installed; xjn � 6. New plumbing is required; MAY 15 '2023 «�<//// 7. New electric is required; 8. Every window was replaced; Zoning Board of Appeals 9. Entire porch was replaced; 10. Each wall was replaced; 11. The roof would be replaced; 12. One third of the floor system was replaced. As stated by the Chief Building Inspector at the March 1,2012 hearing(transcript p. 24, line 25,p. 25 line 1)"[i]f you have four walls and you take four walls down it's a demolition." It is obvious that this structure was taken apart and demolished, piece by piece,and replaced with an entirely new structure. As such,this Board finds that the amount of demolition and reconstruction that took place and will take place to complete this structure amounts to a full demolition and the loss of any pre-existing nonconforming status that this building maintained prior to the commencement of any construction. I1. Nonconforming Status of the Structure and Interpretation of§280-122 A. Nonconforming Status of the Structure As set forth above,the December 12, 2011 Notice of Disapproval(updated March 6,2012)identified this structure as a nonconforming building containing a nonconforming use. Pursuant to §280-123 of the Town Zoning Code: A nonconforming building containing a nonconforming use shall not be enlarged, reconstructed or structurally altered or moved,except as set forth below, unless the use of such building is changed to a conforming use At the January 5,2012 pubic hearing,when asked to explain the language of the Notice of Disapproval,the Building Department Permits Examiner, Patricia Conklin,testified: "I looked at the paperwork. Saw pictures from the Trustees and determined with the site review,determined that it was a nonconforming building.No. 1 because it is a seasonal cottage and its less than 850 square feet. Therefore it fits the category of a nonconforming building.The second part of that nonconforming use is,it's the second structure as a principal building which is on that property. (January 5,2012 transcript,p 88 lines 11-20) We have a second structure after the principal one and have one lot. And then there are subsequent structures,they are not permitted as of right. So that is why it would be sent to you as a nonconforming use. And then in addition,this is a nonconforming building because it's less than 850 square feet,as defined in the Southold[Town Code]." (January 5,2012 transcript, p. 89 lines 3-12) The applicant presented testimony and case law to this Board to support the argument that the cottage was a nonconforming building with a conforming use that should be considered under§280-122. More specifically,the applicant cited Matter of Dawson v. Zoning Board of Appeals of the Town of Southold, 12 A.D.3d 444, 785 N.Y.S.2d 84(2"d Dept. 2004)as legal precedent for the principle that the cottage was a residential use. In Matter of Dawson the Court considered whether a single accessory cottage to a single principle dwelling was a nonconforming building with a conforming use rather than a nonconforming building with a nonconforming use. The analysis was important in that instance to confirm whether the ZBA properly focused upon whether the use had been abandoned for two years under§280-121 which governs nonconforming uses.The Court concluded Page 4 of 6—July 19,2012 ZBA Filc#6557-Otano CTM: 1000-53-5-12.6 RECEIVED that the cottage was accessory to the principal dwelling and therefore a noncon rming1 g�w�3j�j confa ing use. As such, the abandonment provisions of the Town code were not applica le and WA, >4COs shoulc h1�61,been granted. The facts at issue in this instance are clearly distinguishable from the i. Here,the ZBA is not simply dealing with a single family dwelling and a single a ourt considered the cottage an established accessory use to a principal dwelling,having 28 cottages as an accessory to a residential use is simply not supported by Dawson. Pursuant to§280-13(A)(1)each lot in the R-80 zone is allowed to have a one-family detached dwelling, not to exceed one dwelling per lot. The intent of the this section is clearly to limit the number of dwellings and residential uses on a single lot and to reinforce the subdivision regulations set forth in Chapter 240 of the Southold Town Code. This property contains three dwellings and 28 seasonal cottages on a single lot. This is further complicated by the fact that this"cottage"does not meet the definition of a dwelling under§280-4,that"cottages" are not addressed as a permissible use anywhere within the Town Code and the Town does not permit cottages as an accessory to a principle dwelling. As such,this cottage is treated as a nonconforming building with a nonconforming use that requires a use variance. B. Interpretation of§280-122 While it is noted that the ZBA does not have to proceed with this issue because it has determined that a use variance is required,the ZBA will issue a determination on whether§280-122 permits an applicant to demolish and reconstruct a structure, in place and in kind,without the need for further variances,as argued by the applicant. Section 280-122(A)states: Nothing in this article shall be deemed to prevent the remodeling,reconstruction or enlargement of a nonconforming building containing a conforming use, provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings. Throughout this proceeding,the applicant has argued that,pursuant to §280-122(A), he was permitted to demolish and reconstruct this structure in place and in kind, in its entirety,without,the need for any additional variances. At the public hearing,the ZBA and Building Department provided the applicant with a copy of a memorandum of the ZBA to the Building Department from 2002. (March 1,2012 Transcript,pp 16-21).This memorandum set forth types of"reconstruction"that would not trigger the need for additional variances. Such activities include,but are not limited to: replacement of windows,raising ceiling height without increasing the degree of nonconformity; repair or replacement, in place and in kind,of siding or roofing;or replacement or repair of existing decks,porches or roofs as long as there are no new extension or extensive modificatioris which increase the degree of nonconformity. From the listing in this memo, it is clear that the ZBA has interpreted §280-122 to allow a property owner to make minor repairs and for minor reconstruction. As such,the term"reconstruction"as used in §280-122(A) does not permit the demolition of an entire structure and replacement in kind without obtaining all required variances. II. Use Variance Application: 1. Town Law 8267-b(2)(b)(1). The applicant cannot realize a reasonable return for each and every permitted use under the zoning regulations for the particular district where the property is located, demonstrated by competent financial evidence. The applicant provided ample evidence that it is not able to realize a reasonable return from the property without the ability to reconstruct the cottage. The applicant's form of ownership interest in the property is a severely limiting factor. The Applicant retains a share in a cooperative that is governed through a proprietary lease, which permits residential uses only on the property. Any other use permitted under the Town Code is virtually impossible on this property given the cooperative ownership. If not permitted to reconstruct the structure in place and in kind,the applicant's ownership interest has no value and is rendered useless. The applicant Page 5of6—July 19,2012 ZBA Fileti6557-Otano RECEIVED CTM: 1000-53-5-12.6 submitted an affidavit regarding the value of the shares in the cooperative, as well as informyU JWL20parabl e o sales in the area of the property,as well as information regarding the maintenance and carrying charges on the ` property. In light of these circumstances,the Board finds that the applicant cannot re ltMrg6tag leof%> psh s property interest. 2. Town Law 5267-b(2)(b)(2).The hardship is unique to the property and it does not apply to a substantial portion of the district or neighborhood. As set forth above, this property is unique given its historic context and the pre- exiting nonconforming nature of the entire community. It is one of a limited number of properties in Southold Town that retain multiple seasonal cottage uses and the only property of this size. The grant of a use variance here will not create a precedent that would apply to other lots in the community and the decision will apply only to this property. 3. Town Law 5267-b(2)(b)(3). The requested use variance, if granted, will not alter the essential character of the neighborhood. With respect to preserving the character of the neighborhood, it is noted that this parcel is a separate enclave that is sectioned off from the surrounding community. It is an 82 acre parcel, with access via a gated private road. Only those persons who live within Breezy Shores have access thereto. The community is seasonal and the residents utilize the structures primarily from April through October. The seasonal structures are strategically located to take advantage of the water views. Additionally,the location of the reconstructed structure is appropriate within the context of this neighborhood,as the adjacent structures are similarly situated, the location of the structure is where it was originally and the size of the structure will remain unchanged. 4. Town Law 4267-b(2)(b)(4) The alleged hardship has not been self-created. The applicant purchased his interest in the Breezy Shores community and the subject seasonal cottage in 2002. This structure had been in existence for many years and the Breezy Shores community required that the applicant make certain repairs to update the structure, which started with replacing the foundation. Upon raising the house,the applicant discovered that the condition of the structure was significantly worse than expected and that major reconstruction was necessary to make it safe and habitable. 5. Town Law 5267-b. Grant of this use variance is the minimum action necessary and adequate to address the unnecessary hardship proven by the applicant, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, motion was offered by Member Weisman (Chairperson), seconded by Member Goehringer, and duly carried,to GRANT,the use variance as applied for,subject to the following conditions: CONDITIONS: 1. The structure shall be used only as an unheated seasonal cottage. 2. No future alterations/renovation or additions on the subject cottage may take place without review by the ZBA, other than necessary minor repairs, as determined by the Building Department. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variances) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Page 6 of 6—July 19,2012 ZBA File#6557-Otano CTM: 1000-53-5.12.6 The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote ofthe Board: Ayes:Members Weisman(Chairperson), Goehringer,Schneider,Horning. i Nay:,Wember Dinizio. This Resolution was duly adopted(4-1). RECEIVED MAY Y.5 2023 Leslie Kanes Weisman Chairperson Zoning Board of Appeals Approved for filing /;(f /2012 BOARD MEMBERS SIF So Southold Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 t Office Location: Gerard P.Goehringer en Town Annex/First Floor,Capital One Bank George Homing �1� 54375 Main Road(at Youngs Avenue) Ken Schneider COU Southold,NY 11971r� http://southoldtown.northfork.ne RECEIVED / V D ZONING BOARD OF APPEALS MAY 1.5 X023 E LVED TOWN OF SOUTHOL -- I ' Tel.(631)765-1809•Fax(631)765 9%Ring Board of A )� 5Is 7 2013 FINDINGS,DELIBERATIONS AND DETERMINATION utho Zer. MEETING OF FEBRUARY 28,2013 ZBA FILE: 6622 NAME OF APPLICANT: Breezy Shores Community, Inc. (Naomi Mullman)SCTM#1000-53-05-12.6 PROPERTY LOCATION: 65490 Main Rd, Cottage#11,(adj.to Shelter Island Sound)Greenport,NY SE RA DETERMINATION: The Zoning Board of Appeals has visited the property tinder consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated January 8, 2013 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated January 8, 2013. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is EXEMPT from Coastal Consistency Review. PROPERTY FACTS/DESCRIPTION: Subject parcel is located in the R-80 zone and contains 82.6 acres. It is improved with three dwellings, a brick building,two garages,28 seasonal cottages and 20 sheds.The Breezy Shores community is a unique property deeply rooted in the history of the Town. The access to the property is via a private road(Sage Boulevard)and the property is adjacent on the south to Shelter Island Sound.The multiple cottages on the property are a pre-existing non-conforming use that was established prior to zoning by the Sage family in the early 1900s.The cottages housed employees of the Sage family brick factory and have been rented as seasonal cottages. In 2000,a real estate cooperative, Breezy Shores Community,Inc.,was established by the community and shares were offered as an ownership interest in the Cooperative.The cottage at issue in this application is known as Cottage no. 1 I and is owned by Naomi Mullman.All as shown on the survey prepared by Howard Young, L.S., entitled Survey for Naomi Mullman,Cottage 11,Breezy Shores,dated July 6, 2012,revised Aug. 1,2012 for General Amendments, Sheets 1 of 2,and 2 of 2. BASIS OF APPLICATION: Request for Variances from Article XXIII Code Section 280-123, Article XXII Section 280-116 (B) and the Building Inspector's October 22, 2012 Notice of Disapproval based on an application for building permit for additions and alterations to a seasonal cottage at; 1) a nonconforming building containing a nonconforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a conforming use, 2) less than the code required bulkhead setback of 75 feet, located at: #11 Breezy Shores Community, Inc., 65490 Main Road (aka State Route 25) aka Sage Blvd. (adj. to Shelter Island Sound) Greenport,NY. LBoard 2023 Page 2 of 3—February 28,2013 ZBA File46622—Breezy Shores Comm.,Inc.(Mullman) eaiS CTM: 1000-53-5-12.6(cottage#1l) Zonf App f l7 RELIEF REQUESTED: The applicant requests variances to construct an addition and alterations to a seasonal cottage with a nonconforming use where the code permits no enlargement, reconstruction or alterations unless the building is changed to a conforming use, and a bulkhead setback of 54.5 feet(as shown on the survey) where the code requires a minimum of 75 feet. ADDITIONAL INFORMATION: The Board received a letter dated February 1, 2013 from the President of the Breezy Shores Community Corporation indicating approval of the applicant's plans. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on February 7,2013 at which time written and oral evidence were presented. Based upon all testimony,documentation,personal inspection of the property and surrounding neighborhood,and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. _Town Law&267-b()(b)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood nor a detriment to nearby properties.This unique property represents its own neighborhood of 82.6 acres with substantial wetlands and is far removed from adjacent properties. Thus,no adjacent property owner will be adversely impacted by the proposal. These 28 seasonal cottages on the subject property have been in existence since the early 1900's when they were built for occupancy by workers in the Sage brick factory. In the 1940's,when operation of the brick factory slowed cottages were rented to summer guests.Each of the adjacent waterfront units are similarly located from the bulkhead and are of similar size. 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than area variances. The existing seasonal cottage is a pre-existing non- conforming building with a pre-existing non-conforming use with a pre-existing non-conforming bulkhead setback of 54.5 feet. Therefore, any proposed additions and alterations will require relief from the code. 3. Town Law&267-b(3)(b)(3). The variances granted herein are mathematically substantial. Section 280-123 prohibits the enlargement of non-conforming buildings with non-conforming uses. However,the proposed addition of 20.6 square feet to the existing bathroom is 3.1% of the pre-existing cottage foot print which the Board deems to be de minimus in nature and necessary to bring the existing bathroom up to code with a minimum square footage that is functionally practical.All other proposed alterations will be constructed in place and in kind.The variance granted herein for relief from Section 280-116(B) is mathematically substantial,representing 27%relief from the code.However, in the context of the entire community,the variance is not substantial.The nonconforming cottages have existed in their current locations since the 1940's with each waterfront cottage unit having a similar non-conforming bulkhead setback. The location of the proposed structure shall remain the same. 4. Town Law 4267-1b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase.However, to the extent that a structure ultimately and unavoidably requires some reconstruction and/or alterations to allow for reasonable improvements to continue the safe use of the structure,the need for variance relief is not self-created but created by the zoning code that now prohibits activities which at one time were not prohibited. 6. Town Law 5267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of additions and alterations to the seasonal cottage, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. MAY 1.5 2023 Page 3 of 3—February 28,2013 ZBA Fileil6622—Breezy Shores Comm.,Inc.(Mullman) Zoning Board of Appeals �j�` CTM; 1000-53-5-12.6(cottage Nl 1) RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Schneider, seconded by Member Goehringer, and duly carried,to GRANT,the variances as applied for,and shown on the survey prepared by Howard Young,L.S.,entitled Survey for Naomi Mullman,Cottage 11,Breezy Shores,dated July 6,2012,revised Aug. 1,2012 for General Amendments, Sheets I of 2,and 2 of 2. And the architectural drawings prepared by David Mullman,R.A.,as follows: Sheets A-1 and A-2 dated 8/13/12 last revised 11/12/2012 titled"Site Plan for Proposed Renovation",and "Photo of Existing Cottage", sheet DG-100.00 dated 10/16/12 last revised 10/25/12, sheets A-101,A-102,A-103 all dated 10/19/12 and last revised 10/25/12 CONDITIONS: 1. The structure shall be used only as an unheated seasonal cottage. 2.No future alterations or additions on the subject cottage may take place without review by the ZBA,other than necessary minor repairs as determined by the Building Department. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members: Weisman(Chairperson.)Horning,Goehringer,Schneider. This Resolution was duly adopted(4-0). CL- 40,k' 1, ` Leslie Kanes Weisman, Chairperson Approved for filing 3 ('5- /2013 BOARD MEMBERS Squthold Tc wn Hall Leslie Kanes Weisman,Chairperson �'OR�� MiE 50U1y� n Road P.O.Box 1179 �O 1p u� I ,NY 1971-0959 `O Eric Dances MAY 1.V C L i n: Gerard P.Goehringer CA Town Annex/First F] ,Capital One Bank George Horning • O Zoning Bt05dMfiiA $a1Youngs Avenue) Ken Schneider �l�j'COUff" NY 11971 http://southoldtown.northfork.net REC !V l] ZONING BOARD OF APPEALS �— TOWN OF SOUTHOLD Tel.(631)765-1809• Fax(631)765-9064 a7 .v Southold Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 25,2013 Z_BA FILE: 6660 NAME OF APPLICANT: Breezy Shores Community, Inc. ( Ido Mizrahy) SCTM 1000-53-5.12.6 PROPERTY LOCATION: 65490 Main Road Cottage 425 (aka State Route 25 and Sage Blvd.) (adj. to Shelter Island Sound),Greenport, NY SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type 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 May 15, 2013 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION; This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold "Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated June 24, 2013. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to its, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION• Subject parcel, also known as Breezy Shores, is located in the R-80 zone and contains 82.6 acres. It is improved with three dwellings, a brick building, two garages, 28 seasonal cottages and 20 sheds. The access to the property is via a private road (Sage Boulevard), and the property is adjacent on the south to Shelter Island Sound. The Breezy Shores community is a unique property deeply rooted in the history of the Town. The multiple cottages on the property are a pre-existing, non-conforming use that was established prior to zoning by the Sage family in the early 1900s. The cottages originally housed employees of the Sage family brick factory until it ceased operations, and subsequently, then were rented as seasonal cottages. In 2000, a real estate cooperative, Breezy Shores Community, Inc., was established by the group and shares were offered as an ownership interest in the Cooperative. The cottage at issue in this application is known as Cottage no. 25, and is owned by Ido Mizrahy. This cottage is shown on the survey drawn by Howard W. Young, sheets 1-3, dated March 04, 2013, and building plans drawn by Frank W. Uellendahl, Registered Architect, sheets Al-3, dated April 30, 2013, with latest revision dated July 11, 2013 to shown all proposed additions, and the proposed increase in size from the building existing footprint. Page 2 of3—.iuly 25,2013 RECEIVED LBA#6660—Breezy Shores Community,Inc.(Mizrahy) SCrM#1000-53-5-12.6 MAY 1.5 2023 BASIS OF APPLICATION: Request for Variance from Article XXIII Code S ction 280-123A and the Bui ding Inspector's March 7, 2013 Notice of Disapproval based on an application for b, 'A%p J rA fs'n and alterations to an existing seasonal cottage at; 1) a nonconforming building con alntng a noncon orrm use hail not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a conforming use. RELIEF REQUESTED: The applicant requests a variance to renovate the seasonal cottage#25, including a 5.8 sq. ft. new addition for the placement of a water heater, with new Code conforming stepped landings for the entrances, and foundation alterations that will result in a 0.92 increase in the building footprint, and an approximate 16 inch increase in overall building height in order to conform with current building Code relating to interior wall height. AMENDED APPLICATION: During the hearing, the applicant was asked to bring the plan into more conformity with the code. The applicant on July 15, 2013 submitted a plan reducing the size of one proposed stepped landing for a double door entry from 6 x3 ft.to 5 x 3 ft.,dimensions that conform to the minimum size required by building code. ADDITIONAL INFORMATION: Representatives of the Breezy Shores Community expressed support for the Applicant's proposed renovations. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on July 11,2013, at which time written and oral evidence were presented. Based upon all testimony, documentation,personal inspection of the property and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 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 building footprint will by expanded by 5.8 sq. ft. from the existing 634 sq. ft. to 639.8 sq. ft. for a total increase in non-conformity of 0.92%. The new stepped landings are the minimum size allowed in order to comply with building code, and are not to be included in the consideration of any overall increase in non-conforming habitable space. The building will remain a single story, seasonally occupied dwelling, in a neighborhood characterized by many similar, seasonally occupied dwellings. 2. Town Law 6267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. Code defines that this seasonal cottage is a part of a larger non-conforming use of multiple dwellings, all co-located on a single residentially zone parcel. Therefore, any structural enlargements or alterations require the grant of a variance. J. Town Law 6267-b(3)(b)(3). The variance granted herein is not mathematically substantial, representing 0.92% relief from the code,which the Board determines to be de minimus in nature. 4. Town Law §267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The existing building will be temporarily raised in place to facilitate the foundation renovations, and then lowered back onto the foundation. There will be a small increase Of 0.92% to the existing footprint. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code and all other applicable building Code. 5. Town Law §267-b(3)(b)(5). The difficulty has been self-created since the applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. However, to the extent that a seasonal structure such as this one periodically requires some degree of reconstruction and/or alterations to continue the safe use of the structure, the need for variance relief is not self-created, but is created by zoning Code that now prohibits an existing use and activities that at one time were not prohibited. RECEIVED Page 3 of 3-July 25,2013 � O 7.BA N6660-Breezy Shores Community,Inc.(Mizrahy) MAY 1. 6 2023 SCTM#1000-53-5-12.6 Zoning Board of Appeals 6. Town Law X267-b. Grant of the requested relief is the minimum action necessary and adequate oenable the applicant to enjoy the benefit of renovations to a seasonal cottage, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Horning , seconded by Member Dantes, and duly carried,to GRANT, the variance/variances as applied for, and shown on the survey drawn by Howard W. Young, sheets 1-3, dated March 04, 2013, and building plans drawn by Frank W. Uellendahl, Registered Architect, sheets A-1, A- 2,A-4 dated April 30, 2013,and sheet A-3 with latest revision dated July 11, 2013 to shown all proposed additions, and the proposed increase in size from the building existing footprint. Subject to the following conditions; CONDITIONS: 1.The cottage use will continue in its current status as an unheated seasonally occupied dwelling. 2.No other alterations or additions may be undertaken without review by the ZBA,except for necessary minor repairs as determined by the Town Building Department. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s)granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Schneider, Dantes, Horning This Resolution was duly adopted(5-0). ,kjrk. ,- c Leslie Kanes Weisman,Chairperson Approved for filing J/ b /2013 BOARD MEMBERS 0f Soy Southold Town Hall Leslie Kanes Weisman,Chairperson �� jy0 53095 Main Road-P.O.Box 1179 h0 lQ Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer N AN.- Town Annex/First Floor,Capital One Bank George Horning i� 54375 Main Road(at Youngs Avenue) Ken Schneider l�C'QUNTi Southold,NY 11971 http://southoldtownorthfbafn�PVED I R E ED ZONING BOARD F AIE 4Io'izM TOWN OF SO THO D AU _ 7 Tel.(631)765-1809-Fa T0AZ6§OW"f Appeals Q� Southold Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF JULY 25,2013 ZBA FILE# 6661 NAME OF APPLICANT: Breezy Shores Community, Inc. (Graham Willoughby) SCTM#1000-53-05-12.6 PROPERTY LOCATION: 65490 Main Road Cottage #13 (aka State Route 25 and Sage Blvd.) (adj. to Shelter Island Sound), Greenport,NY SE RA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type 11 category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated May 15, 2013 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated June 27, 2013. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION• Subject parcel is located in the R-80 zone and contains 82.6 acres. It is improved with three dwellings, a brick building,two garages, 28 seasonal cottages and 20 sheds. The Breezy Shores community is a unique property deeply rooted in the history of the Town. The access to the property is via a private road (Sage Boulevard)and the property is adjacent on the south to Shelter Island Sound.The multiple cottages on the property are a pre-existing non-conforming use that was established prior to zoning by the Sage family in the early 1900s. The cottages housed employees of the Sage family brick factory and have been rented as seasonal cottages. In 2000,a real estate cooperative, Breezy Shores Community, Inc., was established by the community and shares were offered as an ownership interest in the Cooperative.The cottage at issue in this application is known as Cottage no. 13 and is owned by Graham Willoughby and Emily Williams. All as shown on the survey prepared by Howard Young, L.S., entitled Survey for Cottage 13 "Breezy Shores"at Greenport, dated Jan. 09,2013. BASIS OF APPLICATION: Request for Variance from Article XXIII Code Section 280-123A and the Building Inspector's March 7, 2013, amended May 2, 2013 Notice of Disapproval based on an application for building permit for additions and alterations to an existing seasonal cottage at; 1)a nonconforming building containing a Page 2 of 3-July 25,2013 RECEIVED ZBA#6661—Breezy shores Community,Inc.(Willoughby) SCTM#1000-53-5-12.6 n^pY L 2 23 ( l7 nonconforming use shall not be enlarged, reconstructed, structurally altered or mo ed,unle�§'s'such building is changed to a conforming use. Zoning Board of Appeals RELIEF REOUESTED: The applicant requests a variance to construct a 27, a (tion for the reconstruction and alterations of the bathroom and mudroom, as shown on the architectural drawings, A-1, A-2, A- 3 and A-4, prepared by Frank Uellendahl, R.A.,dated 04/30/2013. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on July 11,2013,at which time written and oral evidence were presented. Based upon all testimony, documentation,personal inspection of the property and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law §,267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood nor a detriment to nearby properties. This unique property represents its own neighborhood of 82.6 acres with substantial wetlands and is far removed from adjacent properties. Thus, no adjacent property owner will be adversely impacted by the proposal. These 28 seasonal cottages on the subject property have been in existence since the early 1900's when they were built for occupancy by workers in the Sage brick factory. In the 1940's, when operation of the brick factory slowed cottages were rented to summer guests. Each of the adjacent waterfront units are similarly located from the bulkhead and are of similar size. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue,other than an area variance. The existing seasonal cottage is a non-conforming building with a non-conforming use which, as per the code, requires a variance from Section 280-123 in order to permit any alterations and additions to the seasonal cottage. 3. Town Law V67-b(3)(b)(3). The variance granted herein for relief from Section 280-123 is mathematically substantial, representing 100% relief from the code. However, the proposed addition of 27 square feet is minimal, representing a 3%expansion of the pre-existing cottage foot print and the proposed alterations will be in kind. 4. Town Law &267-h(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law 5267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. However, to the extent that a structure ultimately and unavoidably requires some reconstruction and/or alterations to allow for reasonable improvements to continue the safe use of the structure, the need for variance relief is not self-created but created by the zoning code that now prohibits activities which at one time were not prohibited 6. Town Law 5267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an addition and alterations to the seasonal cottage, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Schneider, seconded by Member Goehringer, and duly carried, to GRANT,the variance as applied for, and shown on the architectural drawings, A-1 site plan dated 04/30/2013, last revised 7/11/13, A-2, A-3 and A-4, prepared by Frank Uellendahl, R.A., dated 04/30/2013. Subject to the following conditions; Page 3 of 3-July 25,2013 RECEIVED ZBAt#6661—Breezy Shores Community,Inc.(Willoughby) SC"I'MN 1000-53-5-12.6 MAY 1. 6 2023 10/b CONDITIONS: Zoning Board of Appeals 1. The structure shall be used only as an unheated seasonal cottage. 2.No future alterations or additions on the subject cottage may take place without review by the ZBA, other than necessary minor repairs as determined by the Building Department. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued Any deviation from the survey, site plan andlor architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s)granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Schneider, Dantes, Horning. This Resolution was duly adopted(5-0). Leslie Kanes Weisman, Chairperson Approved for filing 713.) /2013 BOARD MEMBERS -""Southold Town Hall Leslie Kanes Weisman,Chairperson �QF S�Ur RE0'_:T�193095 Mai Road•P.O.Box 1179 �� Southo d,NY 11971-0959 Eric Dantes MAY 15 2023Q ice Location: Gerard P.Goehringer en Town Annex/F rst Floor,Capital One Bank George Horning ning Board �� 1�1i�' oad(at Youngs Avenue) Kenneth Schneider 94/1- Sol old,NY 11971 http://southoldtown.northfork.net "V VO N25 D ZONING BOARD OF APPEALS A01 TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 Sout Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF APRIL 17,2014 ZBA FILE: 6704 NAME OF APPLICANT:Breezy Shores Community Inc. Cottage#7(Steven Flotteron)CTM 1000-53-5-12.6 PROPERTY LOCATION: 65490 Main Road,(aka Sage Blvd.)(adj.to Shelter Island Sound), Southold,NY SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was.referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated November 15, 2013 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated Nov'. 26, 2013. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. - PROPERTY FACTS/DESCRIPTION: Subject parcel is located in the R-80 zone and contains 82.6 acres. It is improved with three dwellings, a brick building, two garages, 28 seasonal cottages and 20 sheds. The Breezy Shores community is a unique property deeply rooted in the history of the Town.The access to the property is via a private road (Sage Boulevard) and the property is adjacent on the south to Shelter Island Sound. The multiple cottages on the property are a pre-existing non-conforming use that was established prior to zoning by the Sage family in the early 1900s.The cottages previously housed employees of the Sage family brick factory,and after the brickyard closed, they were rented as seasonal cottages. In 2000 a real estate cooperative, Breezy Shores Community, Inc.,was established,and shares were offered as an ownership interest in the Cooperative.The cottage at issue in this application is known as Cottage no.7 and is owned by Steven Flotteron.The cottage,with proposed improvements, is shown on the survey of Breezy Shores prepared by Howard Young, L.S., dated Dec. 30, 2010, and the site plan drawings by Robert I.Brown Architect,P.C.,dated March 24, 2014. BASIS OF APPLICATION: Request for Variances from Article XXIII Code Section 280-123, Article XXII Section 280-116_(B) and the Building Inspector's October 31, 2013 Notice of Disapproval based on an application for building permit for additions and alterations to an existing seasonal cottage at; 1) a nonconforming building containing a nonconforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a conforming use,2)less than the code required bulkhead setback of 75 feet. RECEIVED Page 2 of 3-April 17,2014 C ZBA#6704-Breezy Shores Comm„Inc. MAY 1,5 2023 SCTM#1000-53-5-12.6 Zoning Board of Appeals RELIEF REQUESTED: The applicant requests a variance to construct addi sting nonconforming seasonal cottage when such changes to a nonconforming structure containing a nonconforming use are not allowed by Code,and a second variance for a 72 feet setback from the bulkhead,where 75 feet is required. AMENDED APPLICATION: During the Dec. 5, 2013 hearing, the applicant was asked to bring the plan into more conformity with the code. The applicant on March 26, 2014 submitted a revised plan that reduced the size of the proposed non-conforming additions and alteration, bringing the plan into more conformity with the codes. Several letters of support were received. The Board of the Breezy Shores Community is in support of the proposal. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on December 5,2013,on February 6,2014, and on April 3,2014,at which time written and oral evidence were presented. Based upon all testimony, documentation,personal inspection of the property and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town'Law 4267-b(3)(b)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. This unique property represents its own neighborhood of 82.6 acres with substantial wetlands,and it is sufficiently removed from other adjacent neighborhood properties so that no adjacent property owners will be adversely impacted by the proposed structural improvements to seasonally occupied Cottage#7. The additions will be limited to a 2.8% increase in the size of the existing structure. All 28 seasonal cottages on the subject property have been in existence since the early 1900's,when they were constructed for workers in the Sage brick factory. In the I940's,when operation of the brick factory stowed and then stopped, the cottages were rented to seasonal guests.The adjacent waterfront cottages have similar,pre-existing,non- conforming bulkhead setbacks. 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The existing seasonal cottage is a pre-existing non- conforming building with a pre-existing non-conforming use. The cottage also has a pre-existing non-conforming bulkhead setback of 72 feet. As a consequence of the non-conforming features any proposed additions and alterations will require relief from the code. 3. Town Law 6267-b(3)(b)(3). The variance granted herein for the alterations and additions is mathematically substantial,representing 100%relief from the code because Section 280-123 prohibits the enlargement of non- conforming buildings with non-conforming uses. However,the proposed addition of 20.6 square feet to the existing structure represents a 2.8% increase in the size of the pre-existing cottage footprint.This Board, in prior decisions related to other Breezy Shores applications involving proposed increases of structure sizes of less than 3%, has deemed such increases,particularly when necessary to make interior bathroom or bedroom space more Code conforming,to be de minimus in nature.This applicant's proposed increase in structure size is necessary in order to bring the existing bedrooms up to code required legal size. The variance granted herein for relief from Section 280-116(B)for a 72 feet bulkhead setback where 75 feet is required by Code is not mathematically substantial,representing approximately 4%relief from the code. 4. Town Law 6267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created since the applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. However, to the extent that a seasonal structure such as this one periodically requires some degree of reconstruction and/or alterations to continue the safe use of the structure,the need for variance relief is not self-created. LoinEIVEDPage 3 of 3-April 17,2014ZBA#6704-Breezy Shores Comm.,Inc. 'SCTM#1000-53-5-12.6 5 2023 4,,..,d of Apppeal �6. Town Law 4267-b. Grant of the requested relief is the minimum action n uate to ena�l the applicant to enjoy the benefit of additions and alterations to the seasonal cottage, including Code compliant bedroom dimensions, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Horning, seconded by Member Weisman (Chairperson),and duly carried,to GRANT, the variances as applied for, and shown on the survey of Breezy Shores prepared by Howard Young, L.S., dated Dec. 30, 2010, and the drawings, titled Site Plan (Flotteron) dated 10/30/2013, Ground Floor dated Mar. 24, 2014 and Flotteron Residence dated Mar. 24, 2014 all prepared by Robert I. Brown Architect,P.C., subject to the following conditions; CONDITIONS: 1.The cottage use will continue in its current status as an unheated seasonally occupied dwelling. 2.No other alterations or additions may be undertaken without review by the ZBA,except for necessary minor repairs as determined by the Town Building Department. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s)granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board.• Ayes: Members Weisman (Chairperson), Schneider, Horning, Goehringer, Dantes, This Resolution was duly adopted(5-0). c Leslie Kanes Weisman,Chairperson Approved for filing eL/�� /2014 RECEIVED BOARD MEMBERS DF soar M Southold T n Hall Leslie Kanes Weisman,Chairperson ��� yQ '45�3�§ oad P.O.Box 1179 ti �O Southold,NY 1971-0959 Eric Dantest Zoning Board ofQfficeLo ation: Gerard P.Goehringer G Q ust o r,Capital One Bank George HorningPol �� 54375 Main Road(at Youngs Avenue) Kenneth Schneider 9, CQU�I,N Southold,NY I191ao http://southoldtown.northfork.net ZONING BOARD OF APPEALS RECEIVED 44 TOW "dN OF SOUTHOLD 11:3&A1 Tel.(631)765-1809-Fax(631)765-9064 jU2 3 2015 na uthold Town Clerk FINDINGS,DELIBERATIONS AND DETERAHNATION MEETING OF JUNE 18,2015 ZBA FILE#6862 NAME OF APPLICANT:BREEZY SHORES COMMUNITY,INC.(MARTHA BROOKS) PROPERTY LOCATION: Cottage #4 Breezy Shores Community, Inc., 65490 Main Road (aka State Route 25)aka Sage Blvd.(adj.to Shelter Island Sound)Greenport,NY. SCTM#1000-53-5-12.6 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated June 2, 2015 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated May 26, 2015. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department,as well as the records available to us,it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: Subject parcel is located in the R-80 zone and contains 82.6 acres.It is improved with three dwellings,a brick building,two garages,28 seasonal cottages and 20 sheds.The Breezy Shores community is a unique property deeply rooted in the history of the Town.The access to the property is via a private road(Sage Boulevard)and the property is adjacent on the south to Shelter Island Sound.The multiple cottages on the property are a pre-existing non-conforming use that was established prior to zoning by the Sage family in the early 1900s.The cottages housed employees of the Sage family brick factory and have been rented as,seasonal cottages.In 2000,the community established a real estate cooperative,Breezy Shores Community,Inc.,and shares were offered as an ownership interest in the Cooperative.The cottage at issue in this application is known as Cottage no.4 and is owned by Martha Brooks.All as shown on the survey prepared by Howard Young,L.S., dated January 9,2013 and a site plan by Robert I Brown,Architect,dated August 18,2014. BASIS OF APPLICATION: Request for Variance(s) from Article XXIII Code Section 280-123, Article XXII Section 280-116 (B)and the Building Inspector's January 12,2015 Notice of Disapproval based on Page 2 of 3—June 18,2015 RECEIVED ZBA File#6862—Breezy Shores(Brooks) SCTM#1000-53-5-12.6 MAY 1,5 2023 an application for building permit to add and alter,to include raisin an existing seasonal cottage at; 1) a nonconforming building containing a nonconforming use shall not b etb ,g®god0I'ru rJ?P,%iu turally altered or moved, unless such building is changed to a conformin use 2 Ss recce bulkhead setback of 75 feet. / �j D b O RELIEF REQUESTED: The applicant requests variances to make alterations to a seasonal cottage with a nonconforming use where the code permits no enlargement, reconstruction or alterations unless the building is changed to a conforming use, and a non-conforming bulkhead setback of 59.5 feet where the code requires a minimum of 75 feet. ADDITIONAL INFORMATION: The Board received a letter dated July 29, 2014 from the Secretary of the Breezy Shores Community Corporation indicating approval of the applicant's plans. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on June 4,2015 at which time written and oral evidence were presented. Based upon all testimony,documentation,personal inspection of the property and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood nor a detriment to nearby properties.This unique property represents its own neighborhood of 82.6 acres with substantial wetlands and is far removed from adjacent properties. Thus,no adjacent property owner will be adversely impacted by the proposal.'These 28 seasonal cottages on the subject property have been in existence since the early 1900's when they were built for occupancy by workers in the Sage brick factory. In the 1940's,when operation of the brick factory slowed cottages were rented to summer guests.Each of the adjacent waterfront units are similarly located from the bulkhead and are of similar size. 2. Town Law$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 area variances. The existing seasonal cottage, is a pre- existing non-conforming building with a pre-existing non-conforming use with a pre-exiting non- conforming bulkhead setback of 59.4 feet. Therefore, any proposed additions and alterations will require relief from the code. 3. Town Law§267-b(3)(b)(3). The variances granted herein are mathematically substantial. The variance for Section 280-123 represents 100%relief because the code prohibits the enlargement of non- conforming buildings with non-conforming uses. However,the proposed.addition of a door with a 4' x 4' landing on the west side of the cottage and a sliding glass door with a 4' by 8' landing on the East side of the cottage will add 2.22%to the existing footprint. This is in line with de minimus additions the ZBA has granted in previous decisions. In the context of the entire community,the variance is not substantial. The variance for the bulkhead setback is substantial representing 21%relief from the code. However,the j nonconforming cottages have existed in their current locations since the 1940's with each waterfront cottage unit having a similar non-conforming bulkhead setback.The location of the proposed structure i shall remain the same. I 4. Town .Law 4267-b(3)(bJ(4)L 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. f Page 3 of 3—June 18,2015 "RECEEDEIVED ZBA File#6862—Breezy Shores(Brooks) SCTM#1000-53-5-12.6 1�5 20235. Town Law$267-b(3)(b)(5). The difficul has beenself-created. The a sed thafter the Zoning Code was in effect and itis presumed that the applicant had aruc�ivoe����� Isknowledge of the limitations on the use of the parcel under the Zoning Code ino or at the time of purchase.However,to the extent that a structure ultimately and unavois some reconstruction and/or alterations to allow for reasonable improvements to continue the safe use of the structure,the need for variance relief is not self-created but created by the zoning code that now prohibits activities which at one time were not prohibited. 6. Town Law 5267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of additions and alterations to the seasonal cottage, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Dantes, seconded by Member Goehringer, and duly carried,to GRANT, the variances as applied for, and shown on the Architectural plans by Robert I. Brown, Architect labeled site plan, foundation plan, existing floor plan, road side, west, water side, and east elevations,and section for phases I and H and dated March 3,2015. Any deviation from the survey,site plan and/or architectural drawings cited in this decision will result in delays and/or apossible denial by the Building Department of a buildingpermit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s)granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree ofnonconformity. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured,and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may,upon written request prior to the date of expiration,grant an extension not to exceed three(3)consecutive one(1) year terms. Vote of the Board: Ayes:Members Weisman(Chairperson),Schneider,Horning,Dante,Goehringer.This Resolution was duly adopte (5-0). I �•fX//w! ���yl�G �. lt—t— Leslie Kanes Weisman, Chairperson Approved for filing /,21.. /2015 BOARD MEMBERS [53 ]IR Town 11 Leslie Kanes Weisman,Chairperson. ��OF SOyD ad•P.O. ox 1179 311971 959 Eric Dantes Location:Gerard P.Goehringer GQfoGhPi One Bank George Horning � �� Av ` Southold,NY 11971 1 Kenneth Schneider CQpMy,O http://southoldtown.northfork.net fREIV D ZONING BOARD OF APPEALS 6TOWN OF SOUTHOLD A6 20_5 Tel.(631)765.1809 Fax(631)765-9064 C.L urhold Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF APRIL 21,2016 ZBA FILE: 6934 NAME OF APPLICANT:Breezy Shores Community,Inc.(Jason Schmidt) PROPERTY LOCATION: #8 Breezy Shores Community,Inc., 65490 Main Road,aka Sage Blvd. Greenport,NY SCTM#1000-53-5-12.6 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated Feb. 19,2016 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated March 8, 2016. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is the LWRP CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: _ Subject parcel is located in the R-80 zone and contains 82.6 acres. It is improved with three dwellings, a brick building, two garages, 28 seasonal cottages and 20 sheds. Access to the property is via Sage Boulevard, which is a private road, and the property is adjacent on the south to Shelter Island Sound. The Breezy Shores community is a unique property deeply rooted in the history of the Town. The multiple cottages on the property are a pre-existing non-conforming use that was established prior to zoning by the Sage family in the early 1900s.The cottages previously housed employees of the Sage family brick factory,and after the brickyard closed, they were rented as seasonal cottages. In 2000 a real estate cooperative, Breezy Shores Community, Inc. was established, and shares were offered as an ownership interest in the Cooperative. The cottage at issue in this application is known as Cottage #8 and is owned by Jason Schmidt. The cottage, with proposed improvements,is shown on the survey of Breezy Shores prepared by Frank Uellendahl,dated Feb.02,2016. BASIS OF APPLICATION: Request for Variances from Article XXIII Code Section 280-123 and the Building Inspector's February 3, 2016 Notice of Disapproval based on an application for building permit to construct additions and alterations to an existing seasonal cottage at; 1) a nonconforming building containing a nonconforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a conforming use. Page 2 of 3—April 21,2016 =E9AFdti4n&ptpeA4&�e ZBA#6934—Breezy Shores Community(Schmidt) SCTM#1000-53-5-12.6 RELIEF REQUESTED: The applicant requests a variance to construct ade isting nonconforming seasonal cottage when such changes to a nonconforming struc g use are not allowed by Code. ADDITIONAL INFORMATION: The file contains a memo submitted by the Board of Breezy Shores, Inc., dated Jan.29,2016,stating their approval of the applicant's proposed cottage renovation. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on April 7,2016,at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. This unique property represents its own neighborhood of 82.6 acres. It contains a substantial buffer of wetlands along the northerly boundary of the property,and the enclave of cottages is sufficiently removed from other adjacent neighborhood properties so that adjacent property owners will not be adversely impacted by the proposed structural improvements to seasonally occupied Cottage#8. 2. Town Law &267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The existing seasonal cottage is a pre-existing non- conforming building with a pre-existing non-conforming use. As a consequence of the non-conforming status,any proposed additions and alterations will require relief from the code. K Town Law&267-b(3)(b)(3).The variance granted herein for the alterations and additions is mathematically substantial,representing 100%relief from the code because Section 280-123 prohibits the enlargement of non- conforming buildings with non-conforming uses. However,the proposed addition of 21 square feet to the existing structure represents a 2.98%increase in the size of the pre-existing cottage footprint.This Board, in prior decisions related to other Breezy Shores applications involving proposed increases of structure sizes of less than 3%,has deemed that such increases,particularly when necessary to make interior bathroom or bedroom space more Code conforming,to be de minimus in nature.This applicant's proposed increase in structure size is necessary in order to bring the existing bedrooms up to code required legal size. 4. Town Law &267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code.The cottage will be raised 12-14 inches to provide additional protection from potential storm surge flooding. 5. Town Law $267-b(3)(b)(5).The difficulty has been self-created since the applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase.However, to the extent that a seasonal structure such as this one periodically requires some degree of reconstruction and/or alterations to continue the safe use of the structure,the need for variance relief is not self-created, but is created by zoning Code that now prohibits an existing use and activities that at one time were not prohibited. 6. Town Law $267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of renovations,while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. Le Page 3 of 3—April 21,2016 3 ZBA#6934—Breezy Shores Community(Schmidt) �} SCTb1#1000-53-5-12.6 Zoning V peals IIJJJ RESOLUTION OF THE BOARD: In considering all of the above factors and ader New York Town Law 267-B, motion was offered by Member Horning, seconded by Member Weisman (Chairperson),and duly carried,to GRANT the variance as applied for, and shown on the survey of Breezy Shores prepared by Frank Uellendahl,dated Feb. 02,2016. Subject to the following conditions; CONDITIONS: 1.The cottage use will continue in its current status as an unheated seasonally occupied dwelling. 2.No other alterations or additions may be undertaken without review by the ZBA,except for necessary minor repairs as determined by the Town Building Department. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variances)granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration,grant an extension not to exceed three(3) consecutive one (1)year terms. Vote of the Board: Ayes: Members Weisman (Chairperson), Schneider, Dantes, Horning, Goehringer. This Resolution was duly adopted(5-0). Leslie Kanes Weisman, Chairperson Approved for filing /,,?2,�2016 RECEIVED ,BOARD MEMBERS SqRo own Hall Leslie Kanes Weisman,Chairperson tiO��OF SO(/ryolo MAY 1" •P.O.Box 1179 Sout11971-0959 Patricia Acampora cation:Eric Dantes oning Board of Ap . `. w Town Anne oor, Robert Lehnert,Jr. • COQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento Ol,YC��I� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 � ���� � �'3g�� FINDINGS,DELIBERATIONS AND DETERMINATIO DEC �j 4�� MEETING OF DECEMBER 20,2018 i"� - Southold Town Clerk ZBA FILE: 7223 NAME OF APPLICANT: David & Diane Nelson PROPERTY LOCATION: 65490 Route 25, (Breezy Shores Cottage#24)Greenport,NY SCTM No. 1000-53-5-12.6. SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions,without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated August 24, 2018 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued his recommendation dated November 26, 2018. Based upon the information provided on the LWRP Consistency Assessment Form submitted, as well as the records available, it is recommended that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: Subject parcel is located in the R-80 Zoning District and contains 82.6 acres. It is improved with three dwellings, a brick building, two garages, 28 seasonal cottages and 20 sheds. Access to the property is via Sage Boulevard, which is a private road, and the property is adjacent on the south to Shelter Island Sound. The Breezy Shores community is a unique property deeply rooted in the history of the Town. The multiple cottages on the property are pre-existing non-conforming use that was established prior to zoning by the Sage family in the early 1900's. The cottages previously housed employees of the Sage family brick factory, and after the brickyard closed, they were rented as seasonal cottages. In 2000, a real estate cooperative, Breezy Shores Community Inc. was established, and shares were offered as an ownership interest in the Cooperative. The cottage at issue in this application is known as Cottage # 24 and is owned by David & Diane Nelson. The cottage, with proposed improvements, is shown on the Survey of Breezy Shores, prepared by Frank Uellendahl, dated June 14,2018. TN Page 2,December 20,2018 #7223,Nelson F4ing -16) �� RE' SCTM No. 1000-53-5-12 6 BASIS OF APPLICATION: Request for a Variance from Article XXIII, Sectitin50ding Inspector's June 25, 2018, Notice of Disapproval based on an application for a building permit to make additions and alterations to an existing seasonal cottage, at; 1)a non-conforming building containing a non-conforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a conforming use; at: 65490 Route 25, (aka Sage Boulevard, Breezy Shores Cottage #24, Adj. to Shelter Island Sound) Greenport,NY. SCTM#1000-53-5-12.6. RELIEF REQUESTED: The applicant requests a variance to construct additions and alterations to an existing nonconforming seasonal cottage by adding 13 sq. ft. addition, resulting in 2.4% increase in size, when such changes to a nonconforming structure containing a nonconforming use are not allowed by Town Code. ADDITIONAL INFORMATION: The file contains a memo submitted by the Board of Breezy Shores Inc., dated June 11, 2018, stating their approval of the applicants proposed cottage renovation. Included in the application packet, the applicant submitted eight prior decisions which granted variances for various cottages in the Breezy Shores Community. These decisions consisted of an interpretation and a use variance issued in 2011 and six decisions for area variances granting the applicants the ability to alter and construct less than 3.1% in increases to the size of their cottages. Email correspondence was received from a neighbor expressing support for the planned renovations. In addition to the proposed improvements, the cottage will be raised in order to comply with FEMA Flood Zone regulations. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on December 6,2018, at which time written and oral evidence were presented. Based upon all testimony, documentation,personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 5267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. This unique property having been in existence since the early 1900's represents its own neighborhood of 82.6 acres with substantial buffer of wetlands along the northern boundary of the property. Furthermore, the enclave of cottages is sufficiently removed from other adjacent neighborhood properties so that property owners will not be impacted by the proposal. 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The existing seasonal cottage is a pre-existing non- conforming building with a pre-existing non-conforming use. As a consequence of the non-conforming status, any proposed additions and alterations will require relief from the code. 3. Town Law 4267-b(3)(b)(3). The variance(s) granted herein granted herein for the alterations and additions is mathematically substantial, representing 100% relief from the code because Section 280-123 prohibits the enlargement of non-conforming buildings with non-conforming uses. However,the proposed addition of 13 square feet to the existing structure represents 2.42 % increase in the size of the pre-existing cottage footprint. The Board in prior decisions related to other Breezy Shore applications involving proposed increases of structure less than 3%, has deemed such increases, to be de minimus in nature. This applicants' proposed increase in structure size is minor and is just squaring off the building that is being lifted to conform to FEMA regulations. 4. Town Law 5267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. The cottage will be also VED V E .,ECF: Page 3,December 20,2018 6ID #7223,NelsonSCTM No. 1000-53-5-12.6eoard be raised to comply with current FEMA requirements to provide additional protection from potential storm surge flooding. 5. Town Law 6267-b(3)(b)(5). The difficulty has been self-created since the applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. However,to the extent that a seasonal structure such as this that periodically requires some degree of reconstruction and/or alterations in order to continue the safe use of the structure, the need for variance relief is not self-created, but is created by Zoning Code that now prohibits an existing use and activities that at one time were not prohibited. 6. Town Law &267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of renovations and an addition to the cottage while preserving and protecting the character of the neighborhood and the health,safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, motion was offered by Member Lehnert, seconded by Member Dantes, and duly carried,to GRANT the variance as applied for, and shown on the site plan of Breezy Shores, Cottage #24, prepared by Frank Uellendahl,R.A.dated June 14,2018. SUBJECT TO THE FOLLOWINGCONDITIONS: 1. 1 The cottage use will continue in its current status as an unheated seasonally occupied dwelling. 2. No other alterations or additions may be undertaken without review by the ZBA, except for necessary minor repairs as determined by the Town Building Department. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or apossible denial by the Building Department of a buildingpermit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s)granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions; or demolitions, are not authorized under this application when involving nonconformities under the zoning.code This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. In the event that this is an approval subject to conditions, the approval shall not be deemed effective until such time that the foregoing conditions are met; and failure to comply therewith will render this approval null and void. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Pursuant to Chapter. 280-146(B) of the Code'of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three l RECEIVED Page 4,December 20,2018 #7223,Nelson MAY 1, 5 2023 /� V SCTM No 1000-53-5-12.6 Zoning Board of Appeals (3)years from the date such variance was granted. The Board of Appeals may,upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one (1)year terms. Vote of the Board: Ayes:Members Dantes(Vice Chair),Acampora, Planamento and Lehnert. This Resolution was duly adopted(4-0). (Chairperson Weisman absent) Eric L. Dantes Vice Chair Approved for filing �-/ �- /2018 R%Road BOARD MEMBERS Town Hall Leslie Kanes Weisman,Chairperson O��tf SO�ryol 5d•P. .Box 1179 O 119 1-0959 Patricia Acampora Eric Dantes Zoningno x/F' Floor, Robert Lennert,Jr. ,� • O 3 (at You Avenue) Nicholas Planamento liJ'COU Southold NY 11971 RECEIVED http://southoldtownny.gov oZ: 36 Q� ZONING BOARD OF APPEALS UG 2 5 2020 TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 old .�® n ����k FINDINGS,DELIBERATIONS AND DETERMINATIO MEETING OF AUGUST 20,2020 ZBA FILE: 7408 NAME OF APPLICANT: Mike&Mary Beth Petsky PROPERTY LOCATION: 65490 Route 25,Greenport,NY,(Breezy Shores Cottage#10) SCTM No. 1000-53-5-12.6 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions,without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated March 9, 2020 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued his recommendation dated July 22, 2020. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available, it is recommended that the proposed action is CONSISTENT with LWRP policy standards,and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: Subject parcel is located in the R-80 Zoning District and contains 82. 6 acres. It is improved with three dwellings, a brick building, two garages, 28 seasonal cottages and 20 sheds. Access to the property is via Sage Boulevard, which is a private road, and the property is adjacent on the south to Shelter Island Sound, The Breezy Shores community is a unique property deeply rooted in the history of the Town. The multiple cottages on the property are pre-existing non-conforming use that was established prior to zoning by the Sage family in the early 1900's. The cottages previously housed employees of the Sage family brick factory, and after the brickyard closed, they were rented as seasonal cottages. In 2000, a real estate cooperative, Breezy Shores Community Inc. was established, and shares were offered as an ownership interest in the Cooperative. The cottage at issue in this application is known as Cottage# 10 and is owned by Mike&Mary Beth Petsky. The cottage,with proposed improvements, is shown on the Site Plan of Breezy Shores,prepared by Robert Brown Architect,dated November 2019. BASIS OF APPLICATION: Request for a Variance from Article XXIII, Section 280-123 and the Building Inspector's January 2, 2020 Notice of Disapproval based on an application for a building permit to make additions and alterations to an existing seasonal cottage, at; 1) a non-conforming building containing a non-conforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a conforming Page 2,August 20,2020 #7408,Petsky STM No. 1000-53-5-12 6 RECEIVED use; at: 65490 Route 25, (aka Sage Boulevard, Breezy Shores Cottage #10, Adj. Io�nYelL51008§ Sou d) Greenport,NY. SCTM#1000-53-5-12.6. Zoning Board of q RELIEF REQUESTED: The applicant requests a variance to construct additio at s to 3R%V§t ng nonconforming seasonal cottage measuring an additional 21.8 sq. ft., less than 3% increase in overall size, en such changes to a nonconforming structure containing a nonconforming use are not allowed by Code. ADDITIONAL INFORMATION: The file contains a memo submitted by the Board of Breezy Shores Inc., dated February 5, 2020, stating their approval of the applicants proposed cottage renovation. Testimony was taken during the hearing from the architect that the subject structure was going to be raised, and new foundations installed to FEMA requirements to make the structure compliant. The applicant in a letter dated August 5, 2020, acknowledged that the application erroneously omitted a new foundation and lifting of the cottage, although noted on the drawings. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on August 6,2020,at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law&267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. This unique property represents its own neighborhood of 82.6 acres. It contains substantial buffer of wetlands along the northern boundary of the property, and the enclave of cottages is sufficiently removed from other adjacent neighborhood properties so that adjacent property owners will not be affected by an additions and alterations. 2.'Town Law 4267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The existing seasonal cottage is a pre-existing non- conforming building with a pre-existing non-conforming use. As a consequence of the non-conforming status, any proposed additions and alterations will require relief from the code. 3. Town Law 4267-b(3)(b)(3). The variance(s) granted herein granted herein for the alterations and additions is mathematically'substantial, representing 100% relief from the code because Section 280-123 prohibits the enlargement of non-conforming buildings with non-conforming uses. However, the proposed addition of 21.3 square feet to the existing structure represents 2.98% increase in the size of the pre-existing cottage footprint. The Board in prior decisions related to other Breezy Shore applications involving proposed increases of structure less than 3 %, has deemed such increases, to be de minimus in nature. This applicant's proposed increase in structure size is minor and is just squaring off the building that is already being Iifted to conform to FEMA codes. 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. 5. Town Law &267-b(3)(b)(5). The difficulty has been self-created since the applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. However,to the extent that a seasonal structure such as this one periodically requires some degree of reconstruction and/or alterations to continue the safe use of the structure,the need for variance relief is not self-created, but is created by Zoning Code that now prohibits an existing use and activities that at one time were not prohibited. Page 3,August 20,2020 RECEIVED #7408,Petsky STM No. 1000-53-5-12 6 MAY 11 5 2023 Zoning i3ocrd otf Bp61 the 6. Town Law 4267-b. Grant of the requested relief is the minimum action nee ar and a equa e applicant to enjoy the benefit of renovations and additions while preserving and protecting the c arae er o the neighborhood and the health, safety and'welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Lehnert, seconded by Member Dantes, and duly carried,to GRANT the variance as applied for, and shown on a Site Plan of Breezy Shores, dated November 1, 2019 and Architectural Drawings, dated January 3,2020, prepared by Robert I.Brown,Architect. SUBJECT TO THE FOLLOWING CONDITIONS: 1. The cottage use will continue in its current status as an unheated seasonally occupied dwelling. 2. No other alterations or additions may be undertaken without review by the ZBA, except for necessary minor repairs as determined by the Town Building Department. That the above conditions be written into the Building Inspector's Cert f tate of Occupancy, whdn issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s)granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses; setbacks and other features as are expressly addressed in this action. In the event that an approval is granted subject to conditions, the approval shall not be deemed effective until the required conditions have been met; and failure to comply therewith will render this approval null and void The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Pursuant to Chapter 280-1.46(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of'Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three(3) consecutive one (1)year terms. Vote of the Board: Ayes:Members Weisman(Chairperson)Acampora,Dantes,Lehnert, and Planamento(5-0). Leslie KanA Weisman, Chairperson Approved for filing F/ a/V/2020. BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson so 5 095 Main-Road- 79 Patricia Acampora South(RCOM 1901-0959 Office Location: Eric Dantes 02Towi ekf i2#2Joor, Robert Lehnert,Jr. COQ 54:175 Main R}},,o��ad(at Youngs Avedu Nicholas Planamento �ijr�'�UM`I,� ZoninglWldtd ofIA971ppeals http://soutlioldtovmny.gov RECEIVED ZONING BOARD OF APPEALS C9 8:VAM TOWN OF SOUTHOLD k". 2021 Tel.(631)765-1809•Fax(631)765-9064 n • FINDINGS,DELIBERATIONS AND DETERNIINATI 1V�®u old Town Clergy MEETING OF FEBRUARY 24,2021 ZBA FILE: 7461 NAME OF APPLICANT: Peter&Valerie Sakas PROPERTY LOCATION: 65490 Route 25,Greenport,NY,(Breezy Shores Cottage# 16) SCTM No. 1000-53-5-12.6 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions,without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated January 20.2021 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter.268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards.The LWRP Coordinator issued his recommendation dated January 23,2021. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department,as well as the records available, it is recommended that the proposed action is EXEMPT from LWRP policy review and considered a Minor Action. PROPERTY FACTS/DESCRIPTION: Subject parcel is located in the R-80 Zoning District and contains 82.6 acres. It is improved with three dwellings,a brick building,two garages,28 seasonal cottages and 20 sheds. Access to the property is via Sage Boulevard,which is a private road, and the property is adjacent on the south to Shelter Island Sound. The Breezy Shores community is a unique property deeply rooted in the history of the Town. The multiple cottages on the property are pre-existing non-conforming use that was established prior to zoning by the Sage family in the early 1900's. The cottages previously housed employees of the Sage family brick factory, and after the brickyard closed,they were rented as seasonal cottages. In 2000,a real estate cooperative,Breezy Shores Community Inc. was established, and shares were offered as an ownership interest in the Cooperative. The cottage at issue in this application is known as Cottage # 16. , as shown on a survey prepared by Howard W. Young,.L.S. dated December 12, 2013 and a Site Plan of Breezy Shores, showing proposed improvements of 17 sq. ft. prepared by Frank Ueullendahl, last revised October 12,2020. BASIS OF APPLICATION: Request for a Variance from Article XYMI, Section 280-123 and the Building Inspector's December 8,2020 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing seasonal cottage; at 1) a non-conforming building containing a non-conforming use shall Page 2,February 24,2021 RECEIVED #7461,Sakas STM No. 1000-53-5-12.6 MAY 15 '2023 not be enlarged,reconstructed, structurally altered or moved, unless such b il&5iYCgRREgcf fdVR6R mg use; at: 65490 Route 25, (Breezy Shores Cottage#16,Adj.to Shelter Island SounGreenport, 00-53-5- 12.6. RELIEF REQUESTED: The applicant requests a variance to construct additions and alterations to an existing nonconforming seasonal cottage measuring an additional 17 sq.ft.,less than 3%increase in overall size,when such changes to a nonconforming structure containing a nonconforming use are not allowed by the Town Code. ADDITIONAL INFORMATION: The file contains a memo submitted by the Board of Breezy Shores Inc., dated November 25,2020,stating their approval of the applicants proposed cottage renovation. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on February 4,2021,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 fmdings: 1.-Town Law 4267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. This unique property represents its own neighborhood of 82.6 acres. It contains substantial buffer of wetlands along the northern boundary of the property, and the enclave of cottages is sufficiently removed from other adjacent neighborhood properties so that adjacent property owners will not be affected by an additions and alterations. 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method,feasible for the applicant-to pursue, other than an area variance. The existing seasonal cottage is a pre-existing non- conforming building with a pre-existing non-conforming use. As a consequence of the non-conforming status, any proposed additions and alterations will require relief from the code. 3. Town Law 4267-b(3)(b)(3). The variance granted herein granted herein for the alterations and additions is mathematically substantial, representing 100% relief from the code because Section 280-123 prohibits the enlargement of non-conforming buildings with non-conforming uses. However,the proposed addition of 17 square feet to the existing structure represents 2.95 % increase in the size of the pre-existing cottage footprint, and the purpose of the alterations are to upgrade the bathroom,replace and raise the porch roof in order to be code compliant, and to add a loft dormer. In prior decisions related to other Breezy Shore applications involving proposed increases of 3%or less in the size of these pre-existing non-conforming cottages,the Board has determined that such increases are reasonable and necessary for maintenance and updates and are de minimus in nature. 4. Town Law 4267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created since the applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. However,to the extent that a seasonal structure such as this one periodically requires some degree of reconstruction and/or alterations to continue the safe use of the structure,the need for variance relief is not self-created,but is created by Zoning Code that now prohibits an existing use and activities that at one time were not prohibited. :Board ED Page 3,February 24,2021 M 2023 #7461,Sakas STM No. 1000-53-5-12.6 eals V )C Zoning of App L/ 6. Town Law 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of renovations and additions while preserving and protecting the character of the neighborhood and the health,safety and welfare of the community. RESOLUTION OF THE BOARD:In considering all of the above factors and applying the balancing test under New York Town Law 267-B,motion was offered by Member Lehnert,seconded by Member Acampora,and duly carried, to GRANT the variance as applied for, and shown on a Site Plan of Breezy Shores, and Architectural Drawings, all last revised October 12,2020,prepared by Frank Ueullendahl,Architect. SUBJECT TO THE FOLLOWING CONDITIONS: 1. The cottage use will continue in its current status as an unheated seasonally occupied dwelling. 2. No other alterations or additions may be undertaken without review by the ZBA,except for necessary minor repairs as determined by the Town Building Department. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s)granted herein as shown on the architectural drawings, site plan and/or survey cited above,such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use,setback or other feature of the subject property that may violate the,Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. In the event that an approval is granted subject to conditions, the approval shall not be deemed effective until the required conditions have been met; and failure to comply therewith will render this approval null and void. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Pursuant to Chapter 280-146(B)of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured,and/or a subdivision map has not been filed with the Suffolk County Clerk,within three(3)years from the date such variance was granted. The Board of Appeals may,upon written request prior to the date of expiration, grant an extension not to exceed three(3)consecutive one(1)year terms. Vote of the Board: Ayes:Members Weisman(Chairperson),Acampora,Dantes,Lehnert,and Planamento(5-0). eslie Kanes We sman, Chairperson Approved for filing / /2021 BOARD MEMBERS eld Leslie Kanes Weisman,Chairperson �O��oF S®UTif®1 53095 DP.O.Bo 1179 Patricia Acampora Southold,NY 11971-09 9 Eric Dantes WO bay w Town Annex/First Flo r, Robert Lehnert,Jr. �O� NNA Ma 8adf(at Youngs venu �U Nicholas Planamento l�ON%��v Sout�iola,w, l http://southoldtownny.gov RECEIVED ED ZONING BOARD OF APPEALS TOWN OF SOUTHOLD MAR - 1 2021. ��� Tel.(631)765-1809-Fax(631)765-9064 i'[�t1GP1'�(2� So hold Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF FEBRUARY 24,2021 ZBA FILE: 7462 NAME OF APPLICANT: Charles &Helen Szarka PROPERTY LOCATION: 65490 Route 25,Greenport,NY, (Breezy Shores Cottage# 17) SCTM No. 1000-53-5-12.6 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated January 20,2021 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact: LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards.The LWRP Coordinator issued his recommendation dated January 23,2021.Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department,as well as the records available, it is recommended that the proposed action is EXEMPT from LWRP policy review and considered a Minor Action. PROPERTY FACTS/DESCRIPTION: Subject parcel is located in the R-80 Zoning District and contains 82.6 acres. It is improved with three dwellings,a brick building,two garages,28 seasonal cottages and 20 sheds. Access to the property is via Sage Boulevard, which is a private road, and the property is adjacent on the south to Shelter Island Sound. The Breezy Shores community is a unique property deeply rooted in the history of the Town. The multiple cottages on the property are pre-existing non-conforming use that was established prior to zoning by the Sage family in the early 1900's. The cottages previously housed employees of the Sage family brick factory, and after the brickyard closed,they were rented as seasonal cottages. In 2000,a real estate cooperative,Breezy Shores Community Inc. was established, and shares were offered as an ownership interest in the Cooperative. The cottage at issue in this application is known as Cottage # 17 as shown on the survey prepared by Howard W. Young, L.S. dated December 12, 2013 and a Site Plan of Breezy Shores, showing proposed improvements of 17 sq. ft. prepared by Frank Uellendahl, last revised October 12,2020. BASIS OF APPLICATION: Request for a Variance from Article XXIH, Section 280-123 and the Building Inspector's December 8,2020 Notice of Disapproval based on an application for a permit to construct additions and RECEIVED Page 2,February 24,2020 #7462 Szarka • MAY 155 2023 STM No. 1000-53-5-12.6 //j,� F ing Board of Appeals �/ alterations to an existing seasonal cottage; at 1) a non-conforming building containing a non-conforming use shall not be enlarged,reconstructed, structurally altered or moved, unless such building is changed to a conforming use; at: 65490 Route 25,(Breezy Shores Cottage#17, Adj.to Shelter Island Sound)Greenport,NY. SCTM No.#1000- 53-5-12.6. RELIEF REQUESTED: The applicant requests a variance to construct additions and alterations to an existing nonconforming seasonal cottage measuring an additional 17 sq.ft.,less than 3%increase in overall size,when such changes to a nonconforming structure containing a nonconforming use are not allowed by the Town Code. ADDITIONAL INFORMATION: The file contains a memo submitted by the Board of Breezy Shores Inc., dated November 25,2020,stating their approval of the applicants proposed cottage renovation. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on February 4,2021,at which time written and oral evidence were presented. Based upon all testimony,documentation,personal inspection of the property and.surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. This unique property represents its own neighborhood of 82.6 acres. It contains substantial buffer of wetlands along the northern boundary of.the property, and the enclave of cottages is sufficiently removed from other adjacent neighborhood properties so that adjacent property owners will not be affected by an additions and alterations. 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method,feasible for the applicant to pursue, other than an area variance. The existing seasonal cottage is a pre-existing non- conforming building with a pre-existing non-conforming use. As a consequence of the non-conforming status,any proposed additions and alterations will require relief from the Town Code. 3. Town Law $267-b(3)(1b)(3). The variance granted herein for the alterations and additions is mathematically substantial, representing 100% relief from the code.because Section_280-123 prohibits the enlargement of non- conforming buildings with non-conforming uses. However,the proposed addition of 17 square feet to the existing structure represents 2.95%increase in the size of the pre-existing cottage footprint,and the purpose of the alterations are to enlarge the bathroom, replace the porch roof and install new footings in order to be code compliant. In prior decisions related to other Breezy Shore applications involving proposed increases of 3%or less in the size of these pre-existing non-conforming cottages,the Board has determined that such increases are reasonable and necessary for maintenance and updates and are de minimus in nature. 4. Town Law 4267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code, 5. Town Law 4267-b(,3)(b)(5). The difficulty has been self-created since the applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. However,to the extent that a seasonal structure such as this one periodically requires some degree of reconstruction and/or alterations to continue the safe use of the structure,the need for variance relief is not self-created,but is created by Zoning Code that now.prohibits an existing use and activities that at one time were not prohibited. RECEIVED Page 3,February 24,2020 #7462 Szarka MAY 11 2023 STM No. 1000-53-5-12.6 Zoning Board of Appeals 6. Town Law 4267-b. Grant of the requested relief is the minimum action ne sssary-$tui-aduat the applicant to enjoy the benefit of renovations and additions while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD:In considering all of the above factors and applying the balancing test under New York Town Law 267-B,motion was offered by Member Lehnert,seconded by Member Weisman(Chairperson),and duly carried,to GRANT the variance as applied for, and shown on a Site Plan of Breezy Shores, and architectural drawings, prepared by Frank Uellendahl,Architect,all last revised October 12,2020. SUBJECT TO THE FOLLOWING CONDITIONS: 1. The cottage use will continue in its current status as an unheated seasonally occupied dwelling. 2. No other alterations or additions may be undertaken without review by the ZBA,except for necessary minor repairs as determined by the Town Building Department. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above,such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use,setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. In the event that an approval is granted subject to conditions, the approval shall not be deemed effective until the required conditions have been met; and failure to comply therewith will render this approval null and void. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured,and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration,grant an extension not to exceed three(3) consecutive one (1)year terms. Vote of the Board: Ayes:Members Weisman(Chairperson),Acampora,Dantes,Lehnert,and Planamento(5-0). eslie KaLes Weisman, Chairperson Approved for filing a /o6— /2021 RECEDAPpeals MAY Zoning Boa P' Tr W, Mesa BOLr o4, c 0 +I aSeas+ s � b� vvi�h (OWhL✓) poowi ,g r o f V) ee of rc�� c+ Cewe� � May Zo23 RECEIVED Mcg ar 8aY r0^ oWhe- MAY 15 2023 M a.� 2 023 P Zoning Board of Appeals F .r S, cot+ago West c; dad r,-„ post d mea- Breezy S1norrs aLoovc i-urv+ F out fo or r-er- Mec� an Barrorn, 6W her ]AppealsZoningBoard.. rt IIS r' I � t � •tom YiOr }h S � �G S OW �v�h e- eC+,r h'l G '�'Er Megan -Bnrro- , owr, e, P�o ,o �-aken May ZoZ3 RECEIVE MAY 15 2023 Zoning Board of Appeals 'J co t+age ►� sou+4, P2 con iG IZ - ,ie-, Mcgo,n Bnrrov,, owne,- ph o� �a key May 2- 023 RECEIVED MAY 15 2023 Zoning Board of Appeals l ■ i ■ ■ i. J . f c01 OL 5e e rat v ew df 50 e- OL S, dts Me9aY. Qi otr ro.-,, oWhe- p�o�v �ake` KA 2023 "'D N1 Ay 15 2023 Zonin9 Board of APPeals r • r-r Cwest Sou ZBA CHECK FEES - 2023 Funding Account - B2110.10 DATE NAME ZBA FILE# FEE CHECK# DATE SENT TO TCO 5/8/2023 Sasso&Jones 7807 $1,750.00 2538 5/19/2023 5/15/2023 Barron, Megan (#15 Breezy) 7810 $500.00 1089 5/19/2023 5/16/2023 Burke,Thomas&Kathleen 7811SE $1,000.00 387 5/19/2023 5/16/2023 Rorpo,Agustin 7812 $750.00 1180 5/19/2023 5/19/2023 Provenzano, Lawrence 7813 $1,750.00 44276 5/19/2023 5/19/2023 Provenzano, Lawrence 7813 $500.00 44334 5/19/2023 $6,250.00 RECEIVED MAY 2 2 2023 Southold Town Clerk ,Nn of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 05/22/23 Receipt#: 310590 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7807 $1,750.00 1 ZBA Application Fees 7810 $500.00 1 ZBA Application Fees 7811 SE $1,000.00 1 ZBA Application Fees 7812 $750.00 1 ZBA Application Fees 7813 $2,250.00 Total Paid: $6,250.00 Notes: Payment Type Amount Paid By CK#1089 $500.00 Barron, Megan CK#387 $1,000.00 Burke, Kathleen &Thomas CK#44276 $1,750.00 Esseks, Hefter&Angel CK#44334 $500.00 Esseks, Hefter&Angel CK#1180 $750.00 Pablo de Miguel Architect PLLC CK#2538 $1,750.00 Sasso & Sons LLC Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Esseks, Hefter&Angel 108 E Main St Riverhead, NY 11901 Clerk ID: JENNIFER Internal ID:7813 i q �I' 37121aed-6c09-492a-b5f3-909a4c7b6dab kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY,AUGUST 3,2023 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, AUGUST 3,2023: 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 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.-PANTELIS AND DOROTHY SCOUFARAS 47797-Request for a Variance from Article III, Section 280-15;and the Building Inspector's January 23,2023 Notice of Disapproval based on an application for a permit to construct a raised patio with gable roof attached to a single family dwelling which will place the existing accessory garage in a non-permitted side yard;at 1)accessory garage located in other than the code permitted rear yard;located at:305 Ole Jule Lane, Mattituck, NY.SCTM No. 1000-114-12-14.2. 10:10 A.M.-EDNA J.ACQUAVIVA,BONI D. FASH,VINCENT J. QUATROCHE,JR.#7805-Request for a Waiver of Merger petition under Article II,Section 280-10A,to unmerge land identified as SCTM No. 1000- 33-4-69 which has merged with SCTM No. 1000-33-4-70, based on the Building Inspector's February 21, 2023 Notice of Disapproval,which states that a non-conforming lot shall merge with an adjacent conforming or non-conforming lot held in common ownership with the first lot at any time after July 1, 1983 and that non-conforming lots shall merge until the total lot size conforms to the current bulk schedule requirements(minimum 40,000 sq.ft.in the R-40 Residential Zoning District); located, 130 Sunset Lane, Greenport, NY.SCTMiNos.1000-33-4-69 and 1000-33-4-70. 10:20 A.M.-CHANET TISDEL#7806-Request for a Variance from Article III,Section 280-15;and the Building Inspector's April 13, 2023 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool;at 1) located in other than the code permitted rear yard; located at: 905 Ninth Street,Greenport,NY.SCTM No. 1000-48-2-29. 10:30 A.M.—MICHELE SASSO AND JAQUELINE JONES#7807- Request for Variances from Article IV, SOUTHOLD TOWN BD OF APPLS 2 I V . O 37121aed-6c09-492a-b5f3-909a4c7b6dab I<imf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffoll(Times Section 280-18;Article XXIII,Section 280-124; and the Building Inspector's April 24,2023,Amended May 2, 2023 Notice of Disapproval based on an application for a permit to construct alterations and additions to an existing single family dwelling;at 1)located less than the code required minimum front yard property line setback of 35 feet;2) located less than the code required minimum side yard property line setback of 10 feet;3) more than the code permitted maximum lot coverage of 20%; located at:4525 South Harbor Road, Southold,NY.SCTM No.1000-87-1-6.4. 10:40 A.M.-MEGAN BARRON, COTTAGE#15 BREEZEY SHORES#7810-Request for a Variance from Article XXIII,Section 280-123; and the Building Inspector's April 28,2023 Notice of Disapproval based on an application for a permit to construct a dormer addition to an existing seasonal cottage; 1)a nonconforming building containing a nonconforming use shall not be enlarged,reconstructed,structurally altered or moved, unless such building is changed to a conforming use,located at:#15 Breezy Shores,65490 Main Road(adj.to Shelter Island Sound)Greenport, NY.SCTM#1000-53-5-12.6 10:50 A.M.-THOMAS AND KATHLEEN BURKE#7811SE-Applicants request a Special Exception under Article III,Section 280-13B(13). The Applicant is owner of the subject property requesting authorization to establish an Accessory Apartment in an existing accessory structure; at:780 Deep Hole Drive, Mattituck NY. SCTM#1000-115-12-11. 11:00 A.M.-AGUSTIN AND MELISSA ROMO#7812-Request for a Variance from Article XXIII,Section 280- 124;and the Building Inspector's April 25,2023 Notice of Disapproval based on an application for a permit to construct a deck addition with a canopy attached to an existing single family dwelling; 1) located less than the code required minimum secondary front yard property line setback of 25 feet; located at: 1820 Wells Avenue,Southold, NY.SCTM41000-70-3-20. 11:10 A.M.-LAWRENCE C.AND JEANNE M. PROVENZANO#7813-Request for Variances from Article III, Section 280-15;Article XXIII,Section 280-124;Article XXXVI,Section 280-207;and the Building Inspector's April 10,2023 Notice of Disapproval based on an application for a permit to construct an accessory in- ground swimming pool,and construct additions and alterations to a single family dwelling including a second story addition,and a 31.5 sq.ft.outdoor shower; at 1) pool located in other than the code permitted rear yard;2) additions more than the code permitted maximum lot coverage of 20%;3)additions located less than the code required minimum rear yard setback of 35 feet;4)gross floor area exceeding permitted maximum square footage for lot containing up to 20,000 square feet in area; located at:555 Three Waters Lane,Orient, NY.SCTM No. 1000-15-7-10. 1:00 P.M.-9450 MAIN BAYVIEW LLC/DANIEL MARRA#7804-Request for a Variance from Article XXIII, SOUTHOLD TOWN BD OF APPLS 3 I I 3712laed-6c09-492a-b5f3-909a4c7b6dab I(imf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times Section 280-124;and the Building Inspector's March 30,2023 Notice of Disapproval based on an application for a permit to construct a single family dwelling;at 1)located less than the code required minimum front yard setback of 50 feet; located at:9450 Main Bayview Road,Southold, NY.SCTM No. 1000-87-5-22. 1:10 P.M.-MARY KATHLEEN MARTIN AND PHILIPPE VAILLANCOURT #7815-Request for a Variance from Article III,Section 280-15 and the Building Inspector's May 11,2023 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool;at 1) located in other than the code permitted rear yard;375 Mill Road, Mattituck, NY.SCTM No. 1000-113-3-7.3. 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/web lin k/Browse.aspx?dbid=0. If you have questions, please telephone our office at(631)765-1809,or by email: kimf@southoldtownny.gov. Dated: July 20,2023 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN,CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) P.O. Box 1179,Southold, NY 11971-0959 SOUTHOLD TOWN BD OF APPLS 4 i I 37121aed-6c09-492a-b5f3-909a4c7b6dab I<imf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times State of New York, -0L, 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: July 27, 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 Christina Henke Rea Printed Name Subscribed and sworn to before me, This 27 day of July 2023 otarySignatur `��,,,,I I���,,,,,,'y� 'I"ON STATE. OF NEW PORK '. NOTARY PUBLIC: N G ALBANY ly 01RE6399443 Z Notary Public Stamp r%�02� '• o��,e� ,dO'1°10�ffsSION SOUTHOLD TOWN BD OF APPLS 1 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson O��QF $�UryOl 53095 Main Road-P.O. Box 1179 Patricia Acampora Q Southold,NY 11971-0959 Eric Dantes #[ [ Office Location: Robert Lehnert,Jr. N Town Annex/First Floor Nicholas Planamento 54375 Main Road(at Youngs Avenue) Olif'coum Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, AUGUST 3, 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 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, AUGUST 3, 2023: 10:40 A.M. - MEGAN BARRON, COTTAGE#15 BREEZEY SHORES #7810 - Request for a Variance from Article III, Section 280-15; Article XXIII, Section 280-123; and the Building Inspector's April 28, 2023 Notice of Disapproval based on an application for a permit to construct a dormer addition to an existing seasonal cottage; 1) a nonconforming building containing a nonconforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a conforming use, located at: #15 Breezy Shores, 65490 Main Road (adj. to Shelter Island Sound) Greenport, NY. SCTM#1000-53-5- 12.6 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?d bid=0. If you have questions, please telephone our office at(631)765-1809, or by email: kimf@southoldtownny.gov. Dated: July 20, 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 y SS Town Hall Annex, 54375 NYS Route 25 r; P.O.Box 1179 Cz N Southold,New York 11971-0959 t r' Fax(631) 765-9064 ZONING BOARD OF APPEALS �v DATE: July 3, 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 August 3, 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. sBelow, 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 July 26, 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 July 26, 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. Instructions for ZBA Public Hearing Page 2 MAILING INSTRUCTIONS: Please send by SPS Certified Mail, Return Receip6 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. Mailine to be done by July 17, 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@southoldtownny.gov or elizabeth.sakarellos@town.southold.Liy.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 https://southoldtownny.gov/DocumentCenterNiew/9694/TentativeRo112023 sINIPORTANT INSTRUCTIONS:' Scan and email the. USPS mailing receipts, green signature -cards. and affidavits to kimf(it,southoldtownny.gov, 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 he 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 he 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 �,�... SWAL �G��. 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Pmt (1 2 29 Entries Last modified ..__.. z bletadata - hu.rc[:rlata asst€.r J 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. it Laserfiche Instructions ZBA Files ��1 Page 2 Laserfiche WebLink e.Vl?is tnk I re°o 1 Atat:SignOut Home Browse Search rewnC.fSoutnotd>Zoning Board of Appeals(ZBA) Name Page count ._. �TanPUtc name�_..,, i:i% ��d'..:�... z•:.. 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Laserfiche WebLink 93 tiryweOLnk i'e'P 1 About.s:•�nout Home Browse Search ToiMVSoutnoic>Zm:ing Beard of Appeals(ZBA)>Board Actions Name Page count Template name-' Board Actions - 0 1957-1979 Entry Properties ,.i 19SC14999 Path .,J 2000 Twai0fSo.L1 mlTZOV-.8 Board (ZFAilBO411,i Al u:i1T> 2001 Creation date 2002 7;10%:(),^,112:21:55;F41 i�2003 Last modified r 2004 3,W21171136:07 A._N 2005 R Metadata r 2006 Vo metedara assignrid `-`200 tia 2008 2009 i _..._......_.....__......._� r-:010 &ResWtr +hNWP'uneTM��� 4.2011 ;j 2012 r1.^013 •`j 2016 U 2015 rr,2016 1'"e 2017 t3 Pending ... .._ ......_.......... ... rn.health'mecerNFtaan%PaP•tman.Ueet7 Or—v Above: Board Actions are listed,by year. Click folder to open. All Special Exception applications that require Coordinated SEQRA Analysis are stored in "Pending". Laserfiche Instructions ZBA Files Page 3 Hama Pa, un, 7t7 2017 367 e� soots Amens Pitch 9.—7 ?3 ite TOo, Creation date 7s eoard—x axmmifm W 701± 75 —d—s i'6 seald—It yj Is 9> Boar—re —adaL, 7016 s, aoaM Anions Mir 1. Aoi— se 0—al vans m" W aO-1 Adana pj'020 -d A.— so !021 59 Board Amour Y+7022 75 ..,d A—n 1023 l31 B9aM Amonf .�ION 6S Board Arnonf �j 7425 Erb a. ActiaN Is Boats ktlonl —'d Amnns 7e2a Board Anions 7029 3 SOAnions - Above: See listed File Numbers. Click on file you are searching. c ash e I ----------- 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 Webl-ink Nil Home Browse search Q.,Icm-Sea,ch soft results by: Relevance Records Management Search 7016 Red—e Board Actions-83 page(s] Choose field Page count:83 Template name:Board Actions Reset I Page 3...;Cohn and Kristen Cashel PROPERTY LOCATION:162 Lower Shingle Hill.Fisher Page A...19.2017-7016,Cashel SUM No.1000-9-1-26 minimus approval to fe— D. .,.5..y 19.2017 97016.Cashel SCTM No.1000-9-1-26 GRANT.the variances as Page 9 COUN&KRISTEN CASHEL SECTION 009 BLOC... Page 20...Thomas Ahlgrenicashe0.PO Box 342 Fishers lsland.NY... t: Show more information L9 7018 Board Actions-56 p.ge(s) Page count:56 Template name:Board Actions Page.18 9:30 A&M-COLUN CASHEL AND Variances under Article id.Secucin ANN... Page 43 ance(s)KRISTEN CASHEL#7016 Request proposed trellis located in other 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.-1-1. f Laserfiche Instructions ZBA Files Page 4 Laserfiche WebLink f '® Mywwx'" ' ""p M-11 Home Braune Search 7cwnOfSeu1hWd>Zoning Board of Appeals(ZBA(>Mlnute57Agendasfi egal Noticesimearings Minutes/Agendas/Legal Name Page count 7tmp1s:ename Notices/Hearings L31957-1979 R Entry Properties 1980-1999 ._.___......................_._.._..__, in 20002009 Path 7owncif-outholdl<onittp Board -n 2010 C,Appeals t.D 2011 ti ticesinuc,.lAge0dav.egai i�1 2012 Notices^riearings Creation date C 2013 71;021X11257:20 PM '�3 2014 Last modified 2015 211fW C-16 ;5::a-FA 4 2016 A Metadata ?�2017 No metadata as�3ned Page 1 of I ii Ent. Above:Also, Minutes,Agendas, and Hearing Transcripts can be viewed. Laserfiche WebLink 1 MywebLmk I Help Mout Home Browse Search T—CfSouthold>Zoning Board of Appeal^(ZBA)>Mlnutes/Agendavlega.Not1ce5/Heanngs>2017 2017 Name page count Template name - - t ZBA-01105/2017 s Entri Properties J .1 ZBA-01:05/2017 Agenda 4 Path Z3A-0110512017 Hearing 40 i ownC(SouthoIMZoning Board of Pp0eals �'ZBA-011052017 LN 3 (ZBA14MbtUteS/Agenda5jLega1 j ZSA-01/192017 2 No0ces/Heanngs12017 ZBA-01119/2017 Agenda - Creation date 12J!612016 2:15:i 1 PM ZBA-02/0212017 7 Last modified ZBA-02/0212017 Agenda 4 6/19/2017 d:5159 PM ZBA-0210212017 Hearing 45 Metadata ZBA-02/0212017 LN 3 .'.23A-021162017 Agenda 3 No metadata assigned 2BA-02/1612017 Special 3 -more&Resvtts ,�ZBA-031022017 7 rMheehh/pap-sme4RUses2J _j MA-03ro22ol7 Agenda a ZBA-03102/2017 Hearing 65 ZBA-03102/2017 LN 3 ZBA.03/1612017 Agenda 3 „j ZBA-0311612017 Special 3 ZBA-"D62017 5 qj ZBA-0410612017 Agenda 4 ZBA-04%062017 Heanng 45 Above: Agendas, Minutes and Transcripts are in chronological order. i4uTI (Gi: QF HLA ;l14 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 - httpm.//Southoldtownny.gov/calendar.aspx NAME BARRON , MEGAN ( BREEZY SHORES COTT . # 15) # 7810 4CTM # : 1000-53-5- 12 . 6 ' 1'ARIANCE: INCREASE IN NON = CONFORMITY REQUEST: CONSTRUCT A DORMER ADDITION TO AN EXISTING SEASONAL COTTAGE LATE THURS. , AUGUST 3, 2023 10:40 AM 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 RECEIVED FARRELLI°RITZP.C. ATTORNEYS AUG 0 2 2023 John C.Armentano Partnerof AppealS Zoning Board Direct Dial:631.367.0719 o or Parkway Direct Fax:631.367.0788 Suite 300 Icarmentano(o)farrellfritz.com Hauppauge, NY 11788 www.farrellfritz.com Our File No. 38981-100 August 2, 2023 BY EMAIL AND HAND DELIVERY Chairwoman Leslie Kanes Weismann and Members of the Town of Southold Zoning Board of Appeals 53095 Main Rd P.O. Box 1179 Southold, NY 11971 Re: In the Matter of the Megan Barron Zoning Board of Appeals #7810 Breezy Shore Cottage#15 S CTM: 1000-053.00-05.00-012.006 Dear Chairperson Weisman and Zoning Board Members: We represent Conkling Advisors LLC ("Conkling"), the owner of 1760 Sage Boulevard, Southold, New York(SCTM# 1000-057.00-01.00-38.003). We submit this correspondence in opposition of the above referenced application of Megan Barron (Applicant) for the expansion of an existing seasonal cottage identified as Breezy Shores Cottage# 15 ("Cottage#15). The Applicant request"variances"to construct an additional dormer and alterations to a seasonal cottage with a nonconforming use where the Town Code prohibits enlargement or alternation unless the building is changed to a conforming use. LWRP Determination As you know, and as confirmed by the Applicant's submission of prior Town Zoning Board of Appeals (ZBA) determinations, Cottage #15 is subject to review under Chapter 268, Waterfront Consistency review of the Town Code and Local Waterfront Revitalization Program (LWRP) Policy Standards. This does not appear to have been done. Moreover,the Applicant's completion of the requisite LWRP Consistency Assessment Form is woefully inadequate. For example, each of the responses to the"Developed Coastal Policy" is marked"not applicable"with no explanation. As the ZBA cannot make a determination of consistency with LWRP Policy Standards, ZBA Matter #7810 must be adjourned until after such determination is made. ALBANY I NEW YORK I UNIONDALE I WATER MILL Chairwoman Weisman and Zoning Board Members �� August 2, 2023 /� Page 2 ZBA Precedent Regarding The Expansion of a Non-Conforminq Use Requires Review Under Use Variance Standards Southold Town Code §280-123 explicitly states: A nonconforming building containing a nonconforming use shall not be enlarged, or structurally altered or moved, except as set forth below, unless the use of such building is changed to a conforming use. See, Town Code §280-123 (emphasis added). Pursuant to Town Code§280-123, and as held by the ZBA in its prior determinations provided by the Applicant, the expansion of a "non-conforming" building must be considered under the more restrictive use variance standards. See, enclosed prior ZBA determination (# 6557); and see generally, Town Law§267-b(2)1. Personal Convenience of the Applicant is Not A Proper Basis to Grant Variances and is a Self-Created Hardship Here, the Applicant's request for a variance to expand her seasonal cottage appears to be based simply on her personal inconvenience caused by the existing zoning restrictions. The balancing analysis for an area variance is intended to relate to characteristics of the land and not to the personal benefit to the owner. See, Town Law § 267-b(3). Caselaw has consistently rejected personal convenience of a property owner as a basis for a variance. See, Fuhst v Foley 45 NY2d 441 (1978). The courts have, likewise, rejected the desire to construct to enlarge an existing dwelling as a basis for a variance. See, Larsen v. Fernan, 202 AD2d 505(2d Dep't 1994). The fact that property is purchased with knowledge of applicable zoning restrictions renders any difficulty self-created. Consequently, knowledge of the existence of restrictive bulk requirements which interfere with or bar a proposed use of property constitutes self-created hardship. Here, the Applicant has provided none of the required elements for a use variance for the ZBA to properly evaluate the proposed action by the Applicant. The desire to provide such living accommodations is a personal objective that does not provide the proper basis for a variance. As such ZBA Matter#7810 must be denied. The Applicant Misrepresents the Seasonal Use of Cottage# 15 The Applicant states in her application to the ZBA, that the use of Cottage # 15 is "seasonal". Upon information and belief, Conkling believes that Cottage#15 is used as a full time residence by the Applicant in violation of the seasonal restrictions imposed by the Town for all of the Breezy Shore Cottages. I It should be noted that several other ZBA determinations concerning Breezy Shores inexplicably appear to apply the area variance standards set forth in Town Law§267-b(3). Chairwoman Weisman and Zoning Board Members August 2, 2023 Page 3 This materail misrepresentation to the ZBA is grounds for denial of the application as well. See, Matter of Green 2009, Inc. v Weiss, 114 AD3d 788 (2d Dep't 2014); Matter of Caspian Realty, Inc. v. Zoning Bd. Of Appeals of Town of Greenburgh, 2009 NY Slip Op. Op. 06837 (2d Dep't 2009). Conclusion For the reasons set forth above, ZBA Matter#7810 must be denied or at the very least adjourned until consistency with LWRP can be determined. Thank you for your time and consideration in this matter. Respectfully, John C. Armentano JCA:pab FF\13377190.1 r I TOWN OF SOUTHOLD (� ZONING BOARD OF APPEALS Appeal No. SOUTHOLD,NEW YORK �0,vym AFFIDAVIT Ed. OF In the Matter of the Application of: MAILINGS tA4 e5a n ti r r-DY► (Name of Applicant/Owner) Is S a •1 e. 131y d SCTM No. 1000- 5 3 - D 5- 12--G (Address of Property) (Section, Block & Lot) COUNTY OF SUFFOLK STATE OF NEW YORK I, (x) Owner, ( ) Agent M e g a 8 o. r ev r residing at IS S otetz 131 -jd 1 A r e c n jo, f-, 1V�7/ New York, being duly sworn, deposes and says that: On the %i " day of J LAIy , 2023,I personally mailed at the United States Post Office in G r e 4^1>4o e t , 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 applicant's property. (Signature) Sworn to before me this TFIACEY L. 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( , _. atel ❑Return Receipt(hardcopy) $ ❑Return Receipt(hardcopy) $ fl, °.f. ❑Return Receipt(electronic) $ {-{° Postmark r� E]Return Receipt(electronic) $ �f{_(II-I Postmark I:3 F1 Certified Mail Restricted Delivery $ �'il I_rift_ Here E=1 [I Certified Mail Restricted Delivery $ �F��n�j�1 Here E:3 []Adult Signature Required $ O ❑Adult Signature Required $___ate [-]Adult Signature Restricted Delivery$ !O ❑Adult Signature Restricted Delivery$ r+•t" C3 Postage 3 i,91;j I Postage r_ 1:17/12/2023 ra $ To07/12/2023 tal Postage and Fsss v u'{ 't7 �- Total Postage and Fees ru $ ru $ IS.Sj_I ru Sent To Sent To ru Ili r IP+4� S vrro� r ^ n 5 ru �tandA __Mar?er.._ 1=--- _k___o__ws Street audit.No.,or P6Box No. d Street and Apt.No.,ar Pt3 Box IVo. ----------------------- C3 N _2 4_�__ +'. 5+. r�- f': G-°�a 3-57k-------------- Ciry,State,Z Ciry,State.ZIP+4® dlfOolcl r, 7121 Gu }oao tae N :rr r r• r•r•r• e r r r• r•r•,. I -- I . • ■ • CERTIFIED fJ ■ ■ ■ ® ® D ■ ■ a^ /° o• • Ln Eris j7n .fi s. �J 'Ir11193-51 •r Certified Mail Fee [� y m ��•3r"J ('jCj:y.[I. � ;ft'I Certified Mall Fee ��Fl.;c, - -j-jL�,l,+� tr7 $ ct 1j2 i Ln $ r.c 02 O Extra Services&Fees(check box,add tee lapp� are) p Extra Services&Fees(check box,add fee apprga ate) E]Return Receipt(hardcopy) $ J._. ' ❑Return Receipt(hardcopy) $ I!•'-t'-� r- ❑Return Receipt(electronic) S fl_I`II'! Postmark I ❑Return Receipt(electronic) $ $_j 1_1rj Postmark [:3 ❑Certified Mall Restricted Delivery $ t4 rj (O Here I I3 ❑Certified Mall Restricted Delivery $ $0.00 Here 0 E]Adult Signature Required $_ $0.90— Q ElAdult Signature Required $ 0.00 ElAdult Signature Restricted Delivery$ E3 []Adult Signature Restricted Delivery$ Postage O Postage $11.91.1 � O Total Postage and Fees 07/12/2023 i = $ 1_17/12/2023 Total Postage and Fees ru $ $8.S11 I ru $8.Sri IL Sent To ru Sent To ru NAK_4t1diix_p_1.:n 1w_ Ara1!17 9 rU LOrAZ �` Street and R t No.,or F'b Box IVo. - t -a t!U S.i--------------------- p P Street end Apt.No.,or PO Box No. r 1 5S-__RtVer J`d p� I) r`- = a g 1_Z -------------------------------------------- City State,ZIP+4® City,State,ZIP+4® Ed WA�tr Na O OZO MJ;41Lt +• 'A e It 013 ® • _ ° • -CERTIFIE1 O ■ ■ ■ ® . ■ r-q I° Domestic • �" . ,- - • • ftp• -• - . .y c, • •- - • • - , Fl 1 j.1��7J:9 3':, I y, q�,y� q «gq t-t• � it ...n rJOl.1rEA3.t.7 ;� fi� (.d > •:: x 1 Z, Z •1. )' zF i4 :.;x .,_Lt ;;.;;3 11944 m Certified Mail Fee M Certified Mail Fee . $4.35 1944 117 $ cc 02 $ cc Q Extra Services&Fees(check box,add tee q.6 pr te) O EMra Services&Fees(check box,add/ee �rgp ate) ❑Return Receipt(hardcopy) $ ��0 ❑Return Receipt(hardcopy) r- ❑Return Receipt(electronic) $ $11.flrj Postmark a ❑Return Receipt(electronic) $ tll,t1C! Postmark C ❑Certified Mail Restricted Delivery $ $171 00 Here I] E]Certified Mail Restricted Delivery $$0.@A Here 1-3 []Adult Signature Required $ _ E]Adult Signature Required $ O E]Adult Signature Restricted Delivery$ E]Adult Signature Restricted Deilvery$ U Postage O Postager-q $rl.90 r-9 $0.90 $ 07/1,?�2�j2 r � Total 2 7023 Total Postage and Fees Postage I17 1 f ruS.SI.1 I ru $ S.SI.j rL Sent To jU Sent To ru rc r yy A�_ns__ ----------- ru __1-9 c z eke--Q k _# hy_.Li� x�k--------------------- p Street an_pt.N6.,or PO Box No. p Street and Apt.No.,or PO x No. '"" r� 5�•4 E, 2o+N s+- A { � r� P•0 % _-"_6 3- --------------� - --- - ------------------------------------ City, ZIP+d®-- cinsNy,zN ► 000 Soa�'k•{d, N`l 1►g} 1 :rr 1 r. re••r• :r� r rr r.••r ■ . - - ■ • ® , 1 (P- • • ■ , 1 • ■ - C] •- s ni P1 1 -A r •94 Certified Mail Fee+ -c• 1p944 r Certified Mail Fee G j ptyldt fj `frl $�•°'+_r rn 4°3:r y Ln $ +, 02 I� $ ; CC 02 O Extra Services&Fees(check box add lee�s r3"ate) Extra Services&Fees(check box,add lee IaPe Male, ❑Return Receipt(hardcopy) $ $ if-�°�fi�f-i ❑Return Receipt(hardcopy) $ 1 11((11�1 ❑Return Receipt(electronic) $ $0-or, Postmark ❑Return Receipt(electronic) $ rill-it1! Postmark 1_-3 []Certified Meil Restricted Delivery $ d:r� 7 e rr,_;I„9 Here 0 ❑Certified Mail Restricted Delivery $ IQ a Q(l Here !, C7 []Adult Signature Required $O- 0 []Adult Signature Required $ $F4.HIR M []Adult Signature Restricted Delivery$ C7 []Adult Signature Restricted Delivery$ postage Postage $0°90 C3 $0.90 r-a $ i�-'/12/2023 r-� $ 07/12/2023 as Total Postage and Fees 08°SO 11p $02°081.8 $ $ Sent To N Sent To f1J cffrt_ _ _Suxwnr't_S�ke_s_ -- ---------- -------------------------------------- ----rll FrGd___ _poro hew___S.�Isb�r�----------------------------_____ C] StreetandAp.No.,orPOBoxNo. et Street and Apt.No.,Or PO Box ItfO. ----------------------------------- 6 PAR,ZI K e r w�.. 1�1`� �+r r• 1 08 City,State,ZIP+4 ------ State, r Cir/ry�' ZIP+4® Ar a en o 4-, 'O'l I I OtYLe„ er4 ■ ■ o • 1 • • pyI• •n ru ly I• • r-LJ • RJ 8 ,..Q (]{.� :§ ; -' :<° �� `4 : 't, •2"..a I „•� Grrtn `: rl;..IX It?lid 71i•'TI 'i 's' '� `�"; •k�„ _, U i t r`- Certified Mail Fee !,{g�t�Y Certified Mail Fee $4.6Z, M $4 e 35 M cc pp2 C $ cc 02 1 (� $ $3$3.55 1 Extra Services&'Fees(check box,add fee {l p{2Rr%ate) C3 Extra Services&Fees(check box,add fee ai��;� re) I ❑Return Receipt(hardcopy) $ i if 1 ❑Return Receipt(hardcopy) $ — Receipt(electronic) $ l L {� Postmark rq ❑Return Receipt(electronic) $ Postmark r j []Return d s i Ifr Here CJ ❑Certified Mail Restricted Delivery $ 1-1°1.1 Here ❑Certified Mail Restricted Delivery $�,T- ,— C7 ❑Adult Signature Required $ ll•ill 1 C7 []Adult Signature Required $ "°'{j•{-- C3 ❑Adult Signature Restricted Delivery$ [7 E]Adult Signature Restricted Delivery$ rSent e p�°qp.1 C7 Postage $0.90 � {_{7/12/21.123 $ 07/12/2023 ,j- ostage and 5s �} Total Postage and Fees fiJ w°8LI I pp•p $v°081.F' $ o Sent To ruftJst Air¢SHQF+2crA5 _oC: C;�rek tove__2t __� ------- pu µ C] Street and Apt.No.,or PO Box No. r C3 LsfrilijiApt.No.,or Pb Box No. F-0' 0 -'-`!' Z------------- 1, ----------------- Cu old Gr r 1 1 :,o r ■ Po!�tal Service"' CERTIFIED 1 RECEIPT .TI. 1 O • ■ I Mai 1, Ln ElOfflliii�Aiall"Only ru iI ° ni • 3!_s 1 °(;ate07 ..tl •Q t ,•I r r #'a -0 Albr° tIaY`?1 •_ 7 -^ • {... ."" .. i; f x, is •, ': :. Certified Mail Fee Certified Mail Fee �e 1_944 r' I f'rl �r M r`t°3:t 1g40 Ln cc 2 Ill $ ~ ec �' Extra Services&.Fees(checkbox,add fee a roes{�lte) ids C3 Extra Services&Fees(check box,add fee&s a ( riate) I C ❑Return Receipt(hardcopy) $ e r`- ❑Return Receipt(hardcopy) $ �s_°11_- ❑Return Receipt(electronic) $ 1 °1-{ Postmark r- ❑Return Receipt(electronic) $ i11^1111 Postmark CJ F1 Certified Mall Restricted Delivery $ 00 Here C7 []Certified Mail Restricted Delivery $ '$i f-UU Here C7 [:]Adult Signature Required $ 0.00 Q [-]Adult Signature Required $ t C3 []Adult Signature Restricted Delivery$ E]Adult Signature Restricted Delivery$ Postage ' Postage $pl 1°�jiJ E3 .q1 $ C7/12/2023 Total Postage and Fees 07/12/21 X23 i =I- Total Postage and F ee ru $03.081.1 rlJ $ $ Sent To nj Sent To N 50"%x14 SI►ons_',Ssc ��Q...Qer+nl_1J_ywt�ns-------- - ru _N iicticIcis _9Atte%Rlr,.0 LKS----------------------------------------- Stree[andApL-No.,oiPC7Box No. C3 Street andApt.No.,or PO BOX o. Son N d ` �1.bl r IL IL r__2��Jc ---- ------------------- rCy,State,ZIP� Cityate, + e-Act It 121J tc N, O � I150 0. FV US. Postal'Service"" ® , 1 D 0 ■ ■ , 1 0 ■ ■ M M n m Certifled Mail Fee c N Certified Mail Fees r ,M $ $4.3.1 � �r _ (" 44 m $4.3tit ` 11944 p Extra Services&Fees check box,add fee (t $ c 02 ( ppp�cgrtate) p Extra Services&Fees(check box,add fee ) El Return Receipt(hardcopy) $ i 1 n tr!r ❑Return Receipt(hardcopy) $ rPPate r- ❑Return Receipt(electronic) $ Sri CI Ll Postmark r-j ❑Return Receipt(electronic) $ •t+I�(1 Postmark C3 ❑Certified Mail Restricted Delivery $ ;'(( 1 C3 [:]Adult _.-� Hero p Certified Mail Restricted Delivery $ $(I (III Here � r-3 ❑Adult Signature Required $_ $F).O I p ❑Adult Signature Required $�t���tl� ❑Adult Signature Restricted Delivery$ © ❑Adult Signature Restricted Delivery$ Postage � $ g $11,90 p Postage $0.90$0.90Total Postage and Fees tCrtJ C17/1.2/2023 Total Postage and F$ers �t`t 07/12/2023 $ ru $ rU Sent To F-U Sent To RI __iZJC_ -_Es_f S_e.s (,Lr------------------------------ -------------- ru -�"-'_Al c�_rot.__R --T 5 - p Street and Apt.No.,or P(7 Box No. p. Street and Apt IVE,or PO Box No. r`- 7—:19 G k S lye•c A---A-A---=iN—Vr.j_._12.A------------------ 171' v City,State,ZIP+4a - City,State,ZIP+4® x•001,1 Ny IIZIS' s 4 3 2360 ■ , 1 ■ ■ E3 /, • V") ru /• • M n M Soutyfold .1y j 1:77-1 Certified Mail Feer% M $4.35 x1944 Certified Maii Fee $4.35 c p Extra Services&Fees(check box,add fee appprop-rate) � • ❑Return Receipt(hardcopy) Iff $ �y 1,f„l i_I p Extra Services&Fees(check box,add fee p late) ❑Return Receipt(hardcopy) $ F r9 [I Return Receipt(electronic) $ s I I_i 11 i Postmark. r-3 ❑Return Receipt(electronic) $ t 1 ( B i p El Certified Mail Restricted Delivery $ tt�r5�i If1_ Postmark C3 ❑ Here Adult Signature Required $ I p ❑Certified Mail Restricted Delivery $_...$O.Flo Here p El Adult Signature Restricted Delivery$ r�°r' — [:]Adult Signature Required $ 1� E3 Postage ❑Adult Signature Restricted Delivery$ Posta e ra $ (_1.9(1 p g $0.90 �- Total Postage and Fees 1_(7/1.2/2023 I r:1 $ 07/12/2023 ru $u.v1 i -r Total Postage and Fes 4 IU Sent To rU Sent To (-11 __John tC�R_y_so►. `,onia�_5 arr CI Street and Apt.No.,or P6 Box No. p [�- —336 P M 1_CLg_4lA_._1 1!_0�------------------------------ p StreetandApt.No.,rir Box No. ON,State,Z)P+4® I S 5 T sl r gn__--r--e--------------------------------------------- M� w N ( � City,State,ZIP+4® 1 rr sou•F1,101A N It-1.41 PostalIL S6M610T.S. ' • C-EATIOIED 1 p ■ ■ ECEITc : ■T)FIED MAIL : ■ ■ O ®, • •, • U17%- rn ou. a r Y; ;F 1= • ` =i =N Ea Gres-h�01��•yw..VYl 1 '4•; s; t •r.: '�^•,ry i ''s. ..s'J' ti it"..>`. :::•^'s C:•.') is'xr : �7 to F"ii '€;.•x { t �x..v :-.x+s s.r Certified Mail Feei;1 (•TI $°..3 .1 �44 f l Certified Mail Fee 35-+c . 09 d4 C3 h$ wtr 112 $4 u7 $ , ac (12 O Extra Services&Fees(check box add fee a�3tipr lPte) El Return Receipt(hardcopy) p Extra Services&Fees(check box,add fee pn{ are) $ y(. El Return Receipt(hardcepy) $ 1 ❑Return Receipt(electronic) $ Postmark rq ❑Return Receipt(electronic) $ !.11(1 Postmark Q [:I Certified Mail Restricted Delivery $ Ci-I III Here p ❑Certified Mail Restricted Delivery $ Qo Here E3 ❑Adult Signature Required $ $4}-a-1!4 p ❑Adult Signature Required $ �(�( M ❑Adult Signature Restricted Delivery$ J-]Adult Signature Restricted Delivery$ Postag p ge F t1,9 I_! p Postage r-q $ (17/12/2(123 r7 $ $(1.9(1 .j- Total Postage and F18%,- I-17/1.._/2023 .�(( �- Total Postage and Fe s 1.1-1 Sent To 13(ot n e lk a C k i i 4-b r% ru Sent To 11 f1J Street an-----------------Apt No., b Boz No.--------------------- rU __ O rl w r a t_a�r--a 1 a_Z-g:------------------------ p Street andApt.No,or PO Bax No. 1305 Blttc__N.ar1-;% Drr'+t C3 r` ---- --------------------------------------------------------- 2 l o lcerw i„ Y d City,State,ZIP+01 v City,State,ZIP+4® `J sot( 01� IJ 1 1� �1� �Irl/N :re 1 r• ••e••• i- U.S. Posial Ln • ° M I• 0 C3 M .- .0 0Mat Sau. it 910 17;97; F4 o. „_..s I Z:..:.• tg 3r.... t1 ``:.."r s" zs-:s .:,..f tc::'' .�.., M [�- 09 jilt Certified Mail Fee '1'.35 M 1 Certified Mall Fee $4.35 I fn $ _, 1-1944 0 Ill $ cc 02 I (Ln $ cc ).)2 C7 Extra Services&Fees(check box,add fee p are) C] Extra Services&Fees(check box,add fee PDp (are) ❑Return Receipt(hardcopy) $ El Return Receipt(hardcopy) $ 1-`•='=' ❑Return Receipt(electronic) $ 1 r+++'++ Postmark I r9 ❑Return Receipt(electronic) $ +-�.f_1171 Postmark I 0 ❑Certified Mall Restricted Delivery $ U N Here I] ❑Certified Mall Restricted Delivery $ $0-00 Here C9 Adult Signature Required $ C3 ❑Adult Signature Required $ i. 149' O E]Adult Signature Restricted Delivery$ 1:3 []Adult Signature Restricted Delivery$ Cl Postage I Postage 0 $171°91.1 CI �'I �- I-° rq $ I_i7/i 2/217+23 r-1 $ 07/12/2023 23 = Total Postage and Fes£, --rTotal Postage and Fees ru ru $ �,u171 ru Sent To fU Sent To tLC �.R b r+ S - ------------- B-r¢A C oJxt!±►� =J=+� -------------------- Street RI -n CS-ree-andAptNo,orPO Boo. C3adpt B ox No. ---------------------------------- �` - --------------------------------------------------------- T .: Ctry,State,ZIP+4 Crty,State,ZIP+4 Sok olNka k 1 °IS 2 oil • 1 (y °• ° I rn 411:t?;t .,�. r� '`` j r•L, J3 �'•S. ,y I..: �, a 'j \,�`. if' ::x I .. v c s. `..j is €'x',.: x�, l l::am 11 a Certified Mail Fee $4.35 j+ M Certified Mail Fee +11t° �� ce 02 j, Ln $ $3.55 112 M $ $3°55 C] Extra Services&Fees(check box,add fee I&p�rpre) C Extra Services&Fees(check box,add fee aQpte1 ❑Return Receipt(hardcopy) $ j ❑Return Receipt(hardcopy) $ r"1 ❑Return Receipt(electronic) $ s!_'°n Postmark ❑Return Receipt(electronic) $ 1't°,t'i Postmark ri O ❑Certified Mail Restricted Delivery $ I I-1_11+1 Here C7 ❑Certified Mall Restricted Delivery $ O ❑Adult Signature Required $ $0.00 C7 []Adult Signature Required $ $0-00 j C] ❑Adult Signature Restricted Delivery$ d ❑Adult Signature Restricted Delivery$ Postage 0 $0.9171 C7 Postage $0.°90 ) '7'11'1, r•a $ ra 1.17?/i'/�_. , lit/i2/21712. � Total Postage and F�p�s �,- = Total Postage and'F�t r.- Rl u°W+1 L v 4;1J I. $ ru $ fU Sent To fl_1 Sent To r r+•1 \r4'Woty- Sell-et*ct °_ __J-r --5_(,_ui{+e 1 a_ _ C] Street and Apt.%Vo.,of FO Boit IVo. A � Shevet and Ap[.ND.,or PO Box No. - 34 l•-f n t°l n C t r-c I e � City,State,ZIP+4® TSO 1%& ✓ ... - --- yphkd10�OI City,State,ZIP+4® �1 q�`1 r S o t,t 1'!n o 1 a� N`I :.r r r r r.r•.. , :r. t r, rr.•r. . • P� ® 1 © ■ ■ 1 0 . EGEI• T. I. ■ • Ln •• va on i .0 rami err=y ; �u:; �ru- Gr ' ik� M Certified Mail Fee M c i ' 171911 w M Certified Mai(Fee $4.35 _ j 1944 jt° ti uI $ cc 2 117 $ ' cG I-++� ! rJ Extra Services&Fees(check box,edd/eeIapprspriate) � Extra Services&Fees(check box,add fee prQ te) ❑Return Receipt(hardcopy) $ °1�t�t�i e ❑Return Receipt(hardcopy) $ il_I•i l+_I ❑Return Receipt(electronic) $ 7PIc 1°1�L l Postmark � ❑Return Receipt(electronic) $ Postmark I� ❑Certified Mall Restricted Delivery $ $0,I I l 1 Here � ❑Certified nateMall Restricted Delivery $ $ AA Here Adult Signature Required $ $i r i ri t `I C3 [-]Adult Signature Required $ il.};y�-1j-T_ �ED ❑ � --r•_�� I I � []Adult Signature Restricted Delivery$ ❑Adult Signature Restricted Delivery$ j Postage Postage 1=1 $0.90 o $17:1.90 = Total Postage and F %u p.0._ 07/12/2023 Total Postage and Fe s ru ru $ ru Sent To (1_I Sent To L a,+g ph CT Tru e ru 1,•117 1 d ram L d-d Pw. +v�ersl�.bb -------------------------------------- - r-O. I � Street andApLlVo.,orPOBoxNo. Stree[andApt.No.,of PO Boz No.' _ o S'1 MA r•' S _eea � ------------------ �--------------------------------------------------------- City,State,ZIP+4® City,State,ZIP+4� ` � (,t r eem p r i-r to 1101-44 S• Lam VO". WN 11 :.. r ,. .r. G/0 . Istal i GERTIPI • . © . s w 1 � s C Ia o'niy 5, Im ru J'„..•.. .q sz {E I� a4 s..€`.w t'.: 1 .'z s. `� west ;.li'-. .'Y• !:': M Y a u•_ 1944 f 1 Certified Mail Fee a r Certified Mail Fee c rc 02 Prl $4a3:t 1{ 1.17 $ �3 J•_r � $ .. L7 Extra Services&Fees(check box,add fee a te) 02 E]Return Receipt(hardcopy) $ �=r--,,,a� 0 Extra Services&Fees check box,sea lee as{�op� ate) $0.r n r F-1ReturnReceipt(hardcopy) $ i' ❑Return Receipt(electronic) $ Postmark f r-7 ❑Return Receipt(electronic) $ f 1 a__ CI []Certified Mail Restricted Delivery $ Here 0 ❑Certified Mail Restricted Delivery $ Jy tt_J(( Postmark C! ❑Adult Signature Required $ !(_UU 3 ❑Adult Signature Required Here 1 CI ❑Adult Signature Restricted Delivery$ O ❑Adult Signature Restricted Delivery$ I 1 t 1t C3 Postage $0 a 9ta Postage r:1 $ 07/12/2023 r l $ ru Total Postage and Fr es r1- C17/12/2023 ' � � �a ul.l � ,�- Total Postage and Fes : ru $J ohr_& t�AAr an-+In e_-(A Cro4(nn VS r1(ru SentTo ° fi°UIt StrletandApt.No or PO Box N6 O -----p'-Cpl�0_-C4_n Y1�a{�_0Z L� j�� Sent o fv 1---- - Street and A t No.,or PO Box A(o. D- $ BOW-------------------------------------------------------------- - ii City,State,ZIP+4® M1 Aid!-- p-P --A YK---- _l __ Z-------------- City,State, lP+4® - ________________ 8t-epkl n N 11ao ------------------------------ e es. IA 0' N 11 o . I • o A O C3 /a / M Ia . RJ CO ru ° Di=eee pOrt P, i.. a y �{a5 ya A 3: :..A Ti !•M .l• .`k�• i;� fn'�y S,e'. Gr eteem'o V9;, 1', 5 it,��; "t' M Certified Mail FeeF $4'35 Mail Fe W ` a�•_ !1 y Certified e Ln $ $3.55 02 t17 $ T cc 09447 0 Extra Services&Fees(checkbox,add fee iprppmate) � Extra Services&Fees(check box,add fee ,app ata) ❑Return Receipt(hardcopy) $ ❑Return Receipt(hardcopy) $ i o t l?1 r-j ❑Return Receipt(electronic) $ Postmark ra ❑Return Receipt(electronic) $ $I{ ff I Q ❑Certified Mall Restricted Delivery $ ! !{! C Postmark Here . CJ ❑Certified Mail Restricted Delivery $_ t� 11 i O ❑Adult Signature Required $ $0-00 I O ❑ Here Adult Signature Required i Q E]Adult Signature Restricted Delivery$ El Adult Signature Restricted Delivery$$ $'+"4 Postage t a g l-1 I Postage $ +:17/12/21.123 ra $ $1„1.90 �- Total Postage and Fess G � Total Postage and Fees -17/12/2023 fU wat,i_I R1 $ , aul_1 IL Sent To Sent To Jest,kw whiox cwtu 1�----------- -/fir,-drt�y_ ,Z SuoxNo. �ar_iEMit2 0 Street and Apt.No.,or PO Box No. - O Street and Apt.No.,or PO Box No. � 2 to KGrw�•. S�v ------------------ - ---------`----------------------------------------------- �` p' U_:_a oyc z City,State,ZlP+4° City,State,Zlp+4® GlCttn or-�' N it GPCCn or•4 N 11 1�,. r r •r••r Tm ° • GE,RTIF p . • f]” tbom6dfic Q. f1J fl 1 Certified Mall Fee $I a 3e { 44 $ c cr R_12 3 Extra Services&Fees(check box,add tee as p�pAr ate) ❑Return Receipt(hardcopy) $ q' Q vr_r r-1 [11 Return Receipt(electronic) $ •IJ°ULl Postmark O ❑Certified Mail Restricted Delivery $ $11,171171 CI Here ❑Adult Signature Required $ O ❑Adult Signature Restricted Delivery$ O Postage $0.91 ra $ F17/12/2023 Total Postage and Fet<s ru W V,(I ru Sent To ru M4++6ew 13redrrick ------------ � Street andApt.No.,oiF'O Bax IVo. ------------------------.......... 1` a-(-4w_t lJ_, p n n A r_; &------------------------------------- Clty,State,ZIP+4® S}on t3 0{[ NV 0 :•r r r• r•°• - W ' TOWN OF SOUTHOLD 4 I ZONING BOARD OF APPEALS SOUTHOLD,NEW YORK AFFIDAVIT QAA OF I In the Matter of the Application of: POSTING M e g a r, S a r.-Vh SCTM No. 1000- C 3 `b S - 12- (o (Name of Applicants) (Section, Block & Lot) COUNTY OF SUFFOLK STATE OF NEW YORK 1, M•c 6 A r SOL V-"VN residing at S St15 e- P.1 d A r t t n u e r , New York, being duly sworn, depose and say that: I am the ( Owner or( ) Agent for owner of the subject property On the Z64'*% day of J , 20 Z;, I personally placed the Town's Official Poster on subject property located at: t5 Sa (4r&tchrur4-1 N"I 110144 d Areekvr+ indicating the date of hearing and nature of application noted thereon, securely upon subject 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 (7) days prior to the date of the subject hearing date, which hearing date was shown to be 3 A u 7w Si 2 0 2 3 (Owner/Agent Signature Sworn to before me this 2U% Day of ,202-3 0z '0£ Judy seildxFil"111 wo AW DIANE DISALVO AIunoO 41011 ® NOTARY PUBLIC-STATE OF NEW YORK £b520'% No. O1D1475593 (Notary Public )IMOA M3N O n i AdVION Qualified in Suffolk County OA1 vi0 My Commission Ezpifes Apfll 30, 20 * near the entrance or driveway entrance of property, as the area most visible to passerby DER( �MPLiTE`THIS SECTION COMPLET., IIS SECTION ON DELIVERY E Complete items 1,2;an A S nature 0 Print your name and address on the reverse Agent I so that we can return the card to you. Addressee jo N Attach this card to the back of the mailplece, B. Received by(Printed Nam C. Da of Delivery or on the front if space permits. -? 1 ?0 —K ArticleAddressedAddressed to:— D. Is delivery address different from item 1? 11 Yes If YES,enter delivery address below: No Varujan&Linda Arslanyan 1055 River Rd Ph 11 Edgewater,NJ 07020 53-5-10 3. Service Type E3 Priority Mail Express® 0 Adult Signature El Registered Ma11TM El Adult Signature Restricted Delivery 11 Registered Mail Restricted 19 Certified MalI0 Delivery 9590 9402 8201 3030 8271 36 11 Certified Mail Restricted Delivery El Signature ConfirmationTIM! 11 Collect on Delivery 0 Signature Confirmation 2. Article Number(Transfer from-service label) El Collect on Delivery Restricted Delivery Restricted Delivery sured Mail 7022 2410 0001 0537 6459 sured Mail Restricted Delivery ger$500) OS F6rm'381 T.LlUiYMO PSN 7566-02-bob-9053 Domestic Return Receipt SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY 0 Complete items 1,2,and 3. A. Si tura E Print your name and address on the reverse21� gent so so that we can return the card to you. x E3 Addressee N Attach this card to the back of the mallplece, B. Received by(Printedame) C. Date of Delivey or on the front if space permits. BY P F J - 7 1. Article Addressed to: D. Is delivery address different from item 1? E3Yes If YES,enter delivery address below: El No Waldron RP Trust 1100,Benjamin Franklin Drive saralsota,FL 34236 53-5-4 13. Service Type 0 Priority Mail ExpressL1 Adult Signature E3 Registered MalITNI [I Adult Signature Restricted Delivery 13 Registered Mail Restricted! KCertified Mail@) Delive 9590 9402 8201 3030 8270 99 El Certified Mail Restricted Delivery 13 Sig naturry e ConfirmationTM 0 Collect on Delivery 0 Signature Confirmation 2. Article Number(Transfer fromservicelabel U Collect on Delivery Restricted Delivery Restricted Delivery pured Mail 7022 2'410 0001 0537 6343 sured Mail Restricted Delivery PS 176rW381 11,llbiy 2620 PSN 17536-'02200b29053 ver$50-C)) - Domestic'Return Receipt SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY V �ure is Complete items 1,2,and 3., 'A• Sign tG E Print Your name and address on the-reVibrse nt I so that we can return the card to you. x El Addres B. Received.by iP t d Name) ate of Delivery 111111 Attach this card to the back of the mailpiece, •na am or on the front if space permits. C 'I __Article Addressed to: D. Is delivery address different from item 1? 13Yes If YES,enter delivery address below: TJ No Blanche Chilton 1305 Blue Marlin Dr Southold,NY 11971 57-1-39.4 3. Service Type 0 Adult Signature Q Priority Mail Express® .0 0 Registered Mai]Tm 0 Adult Signature Restricted Delivery 0 Registered Mail Restricted D(Cerfifled Mail(D Delivery 9590 9402 8201 3030 8273 27 El Certified Mail Restricted Delivery El Signature Confirmation- 0 Collect on Delivery 0 Signature Confirmation 2. Article Number(Transfer from service label) 0 Collect on Delivery Restricted Delivery Restricted Delivery [I Insured Mat 22 2410 0001 0537 6190 U loveUrred Mail Restricted Delivery ( ;. . . . . . . . $500) PS Form 1',July'2026 PSN 7'530-'6-6010-963 Domestic Return Receipt ,o Y M IIM • r � '� �p119V J • r Ao r 4 44 Y+ ! r 41 10 ; 4�=•• .ter , �rs+7 ` • • 1 me ti. ,asp*. y �lv y L I' • 4r w .'L � f w ? e � ,• ,r � `- 'it� �{� „•.,. � fpr ��' � 'y.� '' FTE THIS SECTION C"TION ION DELIVERY ■ Complete items 1,2,and 3. 7Reeiterd ■ Print your name and address on the reverse ❑Agent so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, Printed Name) Date of Delivery IiUC I or on the front if space permits. - 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes If YES,enter delivery address below: ❑No Fred&Dorothea Salzberg .-2890 Kerwin Blvd I , Greenport,NY 11944 53-4-44.11 II I Illlll I'll III I II I lI ll Ill III I I ll I`II III III III 3, Service Type ❑Priority Mail Expresso EI Adult Signature El Registered MailrM ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted ACertified Mail® Delivery ? 9590 9402 8201 3030 8272 59 ❑Certified Mail Restricted Delivery ❑Signature ConfirmationTM ❑Collect on Delivery ❑Signature Confirmation 2. Article Number(Transfer from ServlCe IabJ ❑Collect on Delivery Restricted Delivery Restricted Delivery . m S rV —— ❑Insured.Mail. :. :. ; ?022 2 4.10 `0 0`'01`.`.0 5 3 7 ';6 2 D'6 `.. ❑,)hsured'Mail Retrictea`pervery :. (over$500)' ' ' i PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt I I COMPLETE •N COMPLETE THIS SECTIONON DELIVERY ■ Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverse X E3Agent L so that we can return the card to you. ddressee ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) Date of De' ery or on the front if space permits. I 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes If YES,enter delivery address below: ❑No Robert Ballenger ^'I 465 Tarpon Dr Southold,NY 11971 ----5355_..1 3. Service Type ll I Illlll IIII Ill I ll I Il II III III I I ll II 1111 l!I Ill EI Adult❑Adult Signature turre Restricted Deliv- dd Mail Restrriicted' 51 Certified Mailo ,Iy 9590 9402 8201 3030 8271 74 ❑Certified Mail Restricted Delivery o,gnature ConfirmationTM i ❑Collect on Delivery U Signature Confirmation _ 2. Article Numberf Transfer from service label) ❑Collect on Delivery Restricted Delivery Restricted Delivery ^ ------- Insured-Mail ?022 2 412 0001 2537 6305 nsured Mail Restricted Delivery over$500) PS Form'i3811,JulyI2020 PSN 7530-02-000-9053 Domestic Return Receipt SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3. A.n ■ Print your name and address on the reverse X �C ❑Agent so that we can return the card to you. 11 Addressee ; ■ Attach this card to the back of the mailpiece, Received by(Printed Name) C. Date of Delivery , or on the front if space permits. 1. Article Addressed to: .. D. Is delivery address different from item 1? 13 Yes If YES,enter delivery address below: ❑No ;Sharon Patterson,Edwin Tuccio i "193 Grilling Ave Riverhead,NY 11901 S 56-4-24 i I i i II I Illlll Ills Ill l II I II II III Ill I I ll I Illl II 11 III 3. Service Type ❑Priority Mail Expresso ❑Adult Signature El Registered MaiITM ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted ISCertified Mail@) Delivery 9590 9402 8201 3030 8272 42 ❑Certified Mail Restricted Delivery 11Signature ConfirmationTM ❑Collect on Delivery ❑Signature Confirmation 9- Artirle Number fTransferfrom service label) ❑Collect on Delivery Restricted Delivery Restricted Delivery 7022 2410 0001 0537 6480 1lnsure6Mail'' Insured Mail Restricted'Delivery (over$500)' •I PSIFor'Irt 8811,1Ju1y'2020108N 7530-02-000-9053 Domestic Return Recejpt; i r AR -- AGE Es 51 DOCOGj .i t+ f BICE f r IV d Id PV • � •• ,'��iy� 111 ys , I ' r s 9 a y Lir ! s._.f - •Y v -; :: ,, . r `-. ., y ae,. ,• .t"LI�( �f # �`� �•, rim,, '� f .. , . y • yMPLETE JS SECTIONON DhIVERY ■ Comite items 1,2,and!3. r. signature , [3Agent ■ Print your name and addron the reverse — ❑Addressee so that we can return the card to you. ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Delivery I or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes If YES,enter delivery address below: ❑No Joshua Whitecavage 2710 Kerwin Blvd Greenport,NY 11944 53-4-44.10 i 3. li I IIII'I I'll I'I I II l II II III III I I II Il II III II III Service Type ❑Priority Mail Express 13 ❑Adult Signature_ ❑Registered Matlm ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted, Q�Certified MaN Delivery 9590 9402 8201 3030 8273 58 ❑Certified Mail Restricted Delivery ❑Signature ConfirmationTM ❑Collect on Delivery ❑Signature Confirmation 2-_Article Number_(fransferfrnm service label) ❑Collect on Delivery Restricted Delivery Restricted Delivery ❑Insured Mail 122 24-10 0001 0537 6220 El insured Mail Restricted Delivery (over$500) PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt ) SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3. A. Sign re Agent ■ Print your name and address on the reverse X ❑Addressee so that we can return the card to you. ■ Attach this card to the back of the mailpiece, B. Received by(Printe Name) C. Date of Delivery or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 12 ❑Yes If YES,enter delivery address below: ❑No Jeffrey&Suzanne Sykes 3040 Kerwin Blvd j Greenport,NY 11944 ? 53-4-44.35 III 111111 IIII III I II I II II III III I I II II I II II I I Ill Service Type ElPriority Mail Express® 13 ❑Adult Signature El Registered Mailrm 1 ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted' $LCertifled Mail® Delivery 9590 9402 8201 3030 8273 65 ❑Certified Mail Restricted Delivery ❑Signature ConfirmationTM ❑Collect on Delivery ❑Signature Confirmation 2—Article,Number(Transfer from service lahell ❑Collect on Delivery Restricted Delivery Restricted Delivery Insured Mail 7022 2 410 0001 0537 6 213 Insured Mall Restricted Delivery (over$500) `! PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt I • • • • ON ■ 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. [3 Addressee ■ Attach this card to the back of the mailpiece, B. Received inted Name) C. Date of Delivery or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes If YES,enter delivery address below: ❑No Town o4 5oufkold -P.0. , to D x l sou.+t,oid, Ny ll�t� l II 1111111 IIII III I II II II II I II II II I II I IIII II I III 3. Service Type ❑Priority Mail I x ❑Adult Signature 11 Registered Mal T14T^' ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted 11Certified Mail® Delivery 9590 9402 7358 2028 2712 89 ❑Certified Mail Restricted Delivery E3 live ConfirmationTM ❑Collect on Delivery ❑Signature Confirmation 9 Ar+lrJa Numhar..rrransfar from servirelahell._ __ _ - ❑Collect on Delivery Restricted Delivery Restricted Delivery ❑Insured Mail �2 2 410 0001 0537 6602 ❑Insured Mail Restricted Delivery (over$500)_ iii i � i , orm 3811 July 2020 PSN 7530-021-000-9053 Domestic Return Receipt s �rYJ i w COMPLETE • _JT ■ Complete items 1,2,and 3. A. Signature ■.Print your name and address on the reverse13 Agent so that we can return the card to you. X JKAddressee ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Delivery or on the front if space permits. ()lgNv% LQ5T 4(c,,7S X7-11-1.3 1. Article Addressed to: — — D. Is delivery address different from item 1? 13 Yes r" If YES,enter delivery address below: ❑No (� Mann Lastihenos `rO;Albrman Ct Dix-ills,NY 177 -- r -----------� 534-44.5 II I IIIIII IIII III I II I II II III III I I II II II IIIII III 3. Service Type ❑Priority Mail Express® El ❑Adult Signature ❑Registered MaiITM ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted• 9590 9402 8201 3030 8271 98 ACertified Mail® Delivery ❑Certified Mail Restricted Delivery ❑Signature ConfirmationTM ❑Collect on Delivery ❑Signature Confirmation 2.-Article.-Number ❑Collect on Delivery Restricted Delivery Restricted Delivery (Transfer from service label) __ rY ry ' sured Mail- . 7022 2 410 0001 0537 6381 (sured Mail Restricted Delivery rarer$500) tl PS Fo'rii 13811�)July 2620 PSN 7530{0'2-000-9053 Domestic Return Receipt I SENDER: C V, 1 1 •MPLETE THIS SECTION COMPLkTE SECTION ON DELIVERY' ■ Complete items-1,2,:an8`J'g%" A. Signat " ■ Print your name and�adi�ress on the reverse X ElAge so that we can return the card to you. '4.. ddressee j ■ Attach this card to the back of the mailpiece, Zecelved by rinted Name) Q Dote of D (very or on the front if space permits. / � 1. Article Addressed to: D. Is delivery address different from it 1? ❑Yes — — --- If YES,enter delivery address below: ❑N j i � � � Gregory&Anne Cahill 19f S24'E 20th St.Apt 2D I New York,NY 10009 53-5-9 II t Priority Mail ® 11 Regsed Mail sI IIII IN III IIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1]dulSgraturre Restricted Delivery ryEl Registered Mail Restricted ted9590 9402 8201 3030 8272 35 )Certfed MailO Delivery❑Certified Mail ' Restricted Delivery ❑Signature ConfirmationTM ❑Collect on Delivery ❑Signature Confirmation 2 .nrlir_la-Numhpc!Transfer fromservice label)__- _ _ ❑Collect on Delivery Restricted Delivery Restricted Delivery Insured Mail 7022 2 410 0001 0537 6404 Insured Mail Restricted Delivery (over$500) :..,,•.':;: 1 PS Form 8811,bblyl2020,PSN 7530 02-0b0 X9053 Domestic Return,Receipt SENDER: COMPLETE THIS I SECTION COMPLETE THIS SECTION ON DELIVERY ` ■ Complete- 6172,;and 3.. A. Sign t e ■ Print your.name And address on the reverse X I3 Agent so that we ca(l,return the card to you. IJ Addressee ■ Attach this card to the back of the mailpiece, B. Receive' by(Pr' ame) C. Date of Pelivery or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1?"0 Yes If YES,enter delivery address below: ❑No '�S(DtOold:Shores'Assoc Inc:•c/o DcnaIi mans 10 Evergreen,Dr i _- .c,Upper Saddle River,NJd37,ri�,g .,. �7-1-35 I 3. II I IIIIII(III III I II I II II III III I I II I(III IIII III Service Type E3Priority Mail Expresso El ❑Adult Signature ❑Registered MaiITM ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted KCertified Mail@ Delivery" 9590 9402 8201 3030 8272 97 ❑Certified Mail Restricted Delivery ❑Signature ConfirmationTM ❑Collect on Delivery ❑Signature Confirmation 2.— -gym ..•:armhen,______ __ 0 Collect on„Delivery Restricted Delivery Restricted Delivery 7022 2 410 0001 0537 6275 estricted Delivery YPs Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt I SENDER: CK' 'LETE THIS SECTION COMPLETE T( CTION ON DELIVERY ■ Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverse X _1 [3 Agent so that we can return the card to you. GG ❑Addressee ■ Attach this card to the back of the mailpiece, B. Received by(P i ted Name) C.Date of Delivery I or on the front if space permits. 1. Article Addressed to: - D. Is delivery address different from item 1? ❑Yes If YES,enter delivery address below: ❑No i Breezy Shores•Community Inc POB 925 9`°. Mattituck„NY 11952 "= 53-5-12.6” f 3. Service Type ❑PriorityMail Eress@ x?M II I IIIIII IIII III I II I II II III III I I 111111 HE III E3Adult Signature E3Registered Mail ❑Adult Signature Restricted Delivery E3 Registered Mail Restricted; HCertified Mai19 Delivery 9590 9402 8201 3030 8273 96 ❑Certified Mail Restricted Delivery ElSignature ConfirmationTM ❑Collect on Delivery ❑Signature Confirmation 2. Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery Restricted Delivery --- - --- -- -I Insured Mail 7022 2 410 0001 0537 6473 1 Insured Mail Restricted Delivery (over$500) P5 Form13811,'JUIy 2020 PSN 7530-02-000-19053 Domestic Return Receipt I COMPLETE THIS SECTION COMPLETE THIS SECTIONON ■ Complete iten�IS'1; :af`.3. `!+y ignature A� 21 Agent ■ Print your natrfc and;ideas bn the reverse X so that we cal , tttrrf=fTe aPd to you. ❑Addressee ■ Attach this card to the back of the mailpiece, I����e E�by(Printed Name) C. Dat of D ivery or on the front if space permits. L- �(i 1C-XP,1e(5 M ��/G�` al , 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes If YES,enter delivery address below: ❑No Hildreth Ltd Partnership 51 Main,S'tr.•eet Southampton,•'eNY:1496$ I - - 53646.8 - - -- - -- 3. Service Type ❑Priority Mail Express( I II I IIIIII I'll III I II I II II III III I I II I II I II II i III El Adult❑Adult Signature Restricted Delivery ❑Registered Ma I Restricted 9590 9402 8201 3030 8272 66 O Certified Mail Restricted Delivery ❑signature ConfirmationTM ❑Collect on Delivery ❑Signature Confirmation 2. Article Number(Transfer from service label)_ ❑_ Collect on Delivery Restricted Delivery Restricted Delivery Insured Mail 7 0 2"2, 24 10 0 0 0.1 . 0 5 3 7 .6.2 6 8. Iover$Mail Restricted Delivery IPS Form 381'1,July 2020 PSN 753.0-02-000-9053' Domestic Return Receipt ; 1 _ COMPLETE • COMPLETE ■ Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverse X (� G'(/vs ❑A e so that we can return the card to you. 1 / ❑Addressee ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) C.Date of Delivery , or on the front if space permits. I. Article Addressed to: D. Is delivery address different from item 1? ❑Yes If YES,enter delivery address below: ❑No 'Sonia'Spair �.'575SIT�rpori;Dr � I "Southald,+'�fiIY:A'L"�Yi I II I IIIIII I'll III I II I II II III III I I II II I II II I I III 3. Service Type ❑Priority Mail Expresso ❑Adult Signature El Registered MaiITM ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted' Certified Mail® Delivery 9590 9402 8201 3030 8271 81 ❑Certified Mail Restricted Delivery ❑Signature Confirmation^+ i ❑Collect on Delivery ❑Signature Confirmation 2._Article-Number!Transfer from service lahelt_ __ - ❑Collect on Delivery Restricted Delivery Restricted Delivery 702 212410 0001 0537 6 312 insured mail Restricted Delivery Iover$500) Ps Form 3811,July 2020 PSN 7630-02'-- 00-9053 Domestic Return Receipt 1 SENDER: COMPLETE THIS ION COMPLETE THIS SECTION ON D,, 7RY ■ Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverse X `�,dl _ diddr.n so that we can return the card to you. 1/ ssee ■ Attach this card to the back of the mailpiece, B. Received by(P nted Name) I C. ate of Deliv or on the front if space permits., " 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes j If YES,enter delivery address below: ❑No y Southold Shores Boat Basin c/o Meagher 750 Blue Marlin Dr Southold,NY 11971 57-1-39.3 3. Service Type ❑Priority Mail Express@ Il I�lilll I'll I'I l Il l II II III III l l Il I lI Il ll Il III ❑Adult Signature ❑Registered Mail ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted ®.Certified Mail@ Delivery 9590 9402 8201 3030 8272 28 El Certified Mail Restricted Delivery ❑Signature ConfirmationTM ❑Collect on Delivery ❑Signature Confirmation' i 2. Article-Number Rransferfrom}seniice label)' j_j_j_ ;j ! El Collecf MIDeliveryjRestricted Delivery Restricted Delivery b'Inslrreii Mail 122 2 410 0001 0537 6176 a ❑Insured Mail Restricted,Delivery r' I (over$500) PS Form 3811,July 2020 PSN 7530-02-000-9053 Domes16-Returri'06'ceipt ; �SENDER: ■ Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverse X ❑Agent so that we can return the card to you. ❑Addressee ! ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Delivery or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes If YES,enter delivery address below: ❑No John,&Marianthe Geroulanos` 187 80th Street Brooklyn,NY 11209 53-6-46.7 I � I Il I Illlll llll I'I I Il l II Il 111 Ill I I'l I)ll'lI Il Ill 3. Service Typo ❑Priority Mail Express@ ❑Adult Signature ❑Registered MaiIT^' I ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted] JK Certified Mail@ Delivery 9590 9402 8201 3030 8273 89 ❑Certified Mail Restricted Delivery ❑Signature ConfirmationTm ❑Collect on Delivery ❑Signature Confirmation 2. Article_Number(Transfer from service label)___ ❑Collect on Delivery Restricted Delivery Restricted Delivery ❑Insured Mail 2 41 D D 1 5 3 7 6 2 51 ❑Insuredover Mail Restricted Delivery ( $500) PS Form 38�1�1,Julyl3020 PSN17530-b2'000=9053 Domestic Return Receipt SENDER: ■ Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverse X ❑Agent so that we can return the card to you. ❑Addressee—, B. Received by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, I or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes --- If YES,enter delivery address below: ❑No Matthew Broderick.: 21'William Penn''Dt,• ; Stony Brook,'NY11790 53-5-7 ll I IIII'I IIII I'I I Il I II II Ill III I I Il Il l ll I I ll Ill 3. Service Type ❑Priority Mail Express@ El f ❑Adult Signature 11 Registered MaiITM ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted IS Certified Mail@ Delivery 9590 9402 8201 3030 8271 67 ❑Certified Mail Restricted Delivery ❑Signature Confirmation*^+ ❑Collect on Delivery ❑Signature Confirmation 2. Article Number(Transfer from_service label) ❑Collect on Delivery Restricted Delivery Restricted Delivery - ----- — -- ❑Insured Mail 12 2 2 410 2j01i ' 5 7 6 2 9 9' !i 'f ❑ilrisured Mail Restricted Delivery i 1 . . }1 , 1(over$500) I PS Fo'rrW38111,!July',L026 PSN•7530-02-000-9053 Domestic Return Receipt BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson SO �® 53095 Main Road• P.O. Box 1179 Patricia Acampora �® �® Southold,NY 11971-0959 Eric Dantes8 Office Location: Robert Lehnert,Jr. CA §= Town Annex/First Floor ® @ 54375 Main Road(at Youngs Avenue) Nicholas Planamento ®< �� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RECEIVED Tel. (631)765-1809 MQY 1 2023 May 15, 2023 I SoOtrod Town Mark Terry, Assistant Town Planning Director Planning Board LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold,NY 11971 Re: ZBA File Ref. No. #7810—Barron, Megan (Breezy Shores #15) Dear Mark: We have received an application to construct dormer addition to an existing seasonal cottage. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairper on By: Encl. Site Plan/Survey: Frank Uellendahl, Architect dated March 27, 2023 BOARD MEMBERS OFSOU — Southold Town Hall Leslie Kanes Weisman, Chairperson O�� lyo- 53095 Main Road•P.O. Box 1179 Patricia Acampora ti Q Southold,NY 11971-0959 Eric Dantes [ Office Location: Robert Lehnert,Jr. N Town Annex/First Floor Nicholas Planamento �Q 54375 Main Road(at Youngs Avenue) �yCOU01 Southold,NY 11971 http://southoldtovmny.gov ZONING BOARD OF APPEALS ` May 15, 2023 TOWN OF SOUTHOLD I n Ms. Sarah Lansdale, Director Tel. (631)765-1809 Suffolk County Department of Planning �J 3 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 #: 7810 Owner/Applicant: Barron, Megan (Breezy Shores #15) Action Requested: construct dormer addition to an existing seasonal cottage Within 500 feet of: ( ). State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land (X) Boundary of Agricultural District ( ) Boundary of any Village or Town Within one (1) mile (5,280 feet) of: ( ) Boundary of any airport If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA Ch ers n By: / �1�-z--- Encls. Site Plan/Survey: Frank Uellendahl, Architect dated March 27, 2023 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson ��4� $®�/r�® 53095 Main Road• P.O. Box 1179 Patricia Acampora �® �® Southold,NY 11971-0959 Eric Dantes Office Location: Robert Lehnert, Jr. Town Annex/First Floor �, ® 54375 Main Road(at Youngs Avenue) Nicholas Planamento � ® 10'ou %� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 August 22, 2023 Megan Barron P.O. Box 272 Greenport, NY 11944 RE: ZBA Appeal #7810, Barron 65490 Main Road, Greenport, Breezy Shores#15 SCTM No. 1000-53-5-12.6 Dear Ms. Barron; Transmitted for your records are copies of the Board's August 17, 2023, Findings,Deliberations and Determination,the originals of which were filed with the Town Clerk regarding the above variance applications. 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)yearterms. 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 approvedvariancerelief, and require a new variance application with public hearing before the Board of Appeals If you have any questions, please don't hesitate to contact our office. Sincerely, Ki E. Fuentes Board Assistant Encl. cc: Building Department CONTINUOUS RIDGE VENT Z PROPOSED ADDITION RIDGE STRAPS SHALL BE ATTACHED O TO EACH PAIR OF OPPOSING RAFTERS o 0 + APPROVAL VIS I 24" J PROPOSED DORMER ICE SHIELD UNDERLAYMENT REQUIRED - 24" FROM EDGE M ADDITION c_> W COTTAGE FOOTPRINT REMAINS THE SAME �i _ _ — — — — — C® GE _ – _ _ – – — – I o GREENPORT, NY - - 15 BREEZY SHORES El H2A HURRICANE — — CLIP NAILED. FROM PROVIDE 8d COMMON RAFTER TO STUD. - NAILS @ 4" O.C. AT TYPICAL ALL RAFTERS EXTERIOR EDGE OF ALL ARCHITECT 5 - 8d NAILS EACH END SHEATHING. o FRANK UELLENDAHL 123 CENTRAL AVENUE P.O.BOX 316 APA RATED PLYWOOD TO 2 GREENPORT, NY 11944 0 EXTEND TO TOP OF TOP m TEL- 631-477 8624 PLATE. o PROP'D DORMER 1-1/4" 20 GAGE STRAP W// OWNER 7 5 - 8d NAILS @ EACH 1ST.FL. C-14 C-15 C-16 C-1 / STUD - EACH END - TYP. __4MEGAN BARRON ( MAX. 48" O.C, ) POB 272 GREENPORT, NY 11944 TEL- 347-366-0759 PLYWOOD SHEATHING TO OVERLAP BOX BEAM - TOP + BOTTOM. NN Y Q z 1 ST FLOOR a o CD ` U SECTION CRITICAL PATH - STRUCTURAL DETAILS w 3 a C-0 S2 m 0 U j o FOOTPRINT OF COTTAGE #15 = 584 SF � N z o TIDAL WETLANDS BOUNDARY _ EXISTING BULKHEAD = DATE: 03/27/2023 PEBBLE BEACH �pe- SCALE. 1/16"- ''—°' f-��_ SCTM# = 1000-53-05-12.6 W SITE PLAN __ --=r~r~���~ TOWN OF SOUTHOLD CRITICAL PATH —�—� SUFFOLK COUNTY, NEW YORK �— �, DWG. NAME V -------------------------------- A-1 DWG. NO JSITE PLAN -------- SHELTER ISLAND C-1� -------------- :© Z PROPOSED DORMER ADDITION O ADDITION CONT. RIDGE VENT RIDGE STRAPS EACH RAFTER PAIR J �'—� 2'_8» ' �� _ } ASPHALT ROOF SHINGLES TO MATCH EXT'G t, 0 MM-010— 20 R.R. @ 16 O.C. WIRM ALUMINUM GUTTER TO BE I W m CONNECTED TO EXT'G GUTTER & LEADER cni (2) 2x6 HEADER STRAPPED w/ HURRICANE CLIPS TO EACH RAFTER ® (�'E OOM `� SEE DWG A-1 FOR DETAILS RAGE LOFT BED I (3) A251 AWNING WINDOWS GREENPORT, NY w/ FULL DIVIDED LIGHTS i 15 BREEZY SHORES AS PER ELEVATION I ARCHITECT I o FRANK UELLENDAHL 123 CENTRAL AVENUE LAMER o P.O.BOX 316 ENCLOSED o GRE11944 TEL EL L• 631 631-4747 7 8624 Ell I PORCH 0 O I OWNER KITCHEN BATH BEYOND PORCH ci O I MEGAN BARRON I -� GREENPORT, NY POB 272 REF. 6 _4 Z TEL 347-366-0759 W CROSS SECTION ! KITCHEN 3 I i 0 2'-4° o I N A251 AWNING 13 E®Q g DORMER ABOVELLU UA I $. 01 I m U I � N W N D BEDROOM N z o 0 I � DATE: 03/27/2023 a SCALE: 1/4" = 1'-0° I FLOOR PLAN o WEST ELEVATION CROSS SECTION DWG. NAME N N A-Z DWG. NO PROPOSED WEST ELEVATION EXISTING FLOOR PLAN eEE sEc No w5 l�! t, �E No #7810 Breezy Shores Comm Inc. (Barron#15) -N uNE OR RCl.NO JI,N'y03 0 . 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