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uj*1.n vim c� E 5ec Owner: Schwartzman, Allan File #: 7816 Address: 1165 West Rd Code: 13ED � Agent Info Patricia Moore, Esq. 51020 Main Road Southold, NY 11971 Phone: 631-765-4330 Fax: Email: pcmoore@mooreattys.com �- 6p) 6--'s12'i5- r BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson ® \rjf S®V��®� 53095 Main Road• P.O. Box 1179 Patricia Acampora ` Southold,NY 11971-0959 Eric Dantesc Office Location: Robert Lehnert,Jr. Town Annex/First Floor Nicholas Planamento J ® �� 54375 Main Road(at Youngs Avenue) SCO NT`1,� Southold,NY 11971 http://southoldtownny.gov RECEIVED 4-p-ool 6 j2:qr-r--%M ZONING BOARD OF APPEALS TOWN OF SOUTHOLD OCT 1 0 2023 Tel. (631) 765-1809 JL Southold Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 5, 2023 ZBA FILE: #7816 NAME OF APPLICANT: Alan Schwartzman PROPERTY LOCATION: 1165 West Road, Cutchogue,NY SCTM: 1000-110-7-2 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 Il category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23,and the Suffolk County Department of Planning issued its reply dated June 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 a recommendation dated August 16, 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 INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. 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. The as-build structure does not enhance community character and sets a precedent on lots in the neighborhood and within the community. The disposal of sanitary waste is unclear. PROPERTY FACTS/DESCRIPTION: The parcel is a conforming 60,935 square foot, 1.64-acre waterfront parcel located in the R-40 zoning district. The parcel runs 188.98 feet along a bulkhead fronting the Peconic Bay. The parcel runs 200 feet along West Road. The parcel runs 340 feet on the West side. The parcel runs 297.69 feet on the East side. The parcel is improved with a two-story frame house, a one-story frame pool house, a 1 '/2 story frame garage, an in-ground swimming pool, and a dock. All is shown on a survey by Donald J. Metzger L.L.S., last revised July 27, 2022. BASIS OF APPLICATION: Request for a Variance from Article XXIII, Section 280-123 and the Building Inspector's April 10,2023 Notice of Disapproval based on an application for a permit to legalize"as built"alterations Page 2,October 5,2023 47815,Schwartzman SCTM No. 1000-110-7-2 to a pre-existing accessory garage containing a sleeping room, bathroom and two (2) conditioned spaces; 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;located at: 1165 West Road,(Adj.to Cutchogue Harbor) Cutchogue,NY. SCTM No. 1000-110-7-2. RELIEF REQUESTED: The applicant requests a variance to legalize"as-built"alterations to an accessory building now consisting of a single bay garage with a mechanical room, an expanded sitting room with a half-bathroom and a wet bar on the first floor, and two bedrooms/sleeping rooms, a full bathroom and a sitting room, accessed via a relocated stairwell, on the second floor. Alterations reduced the garage area and expanded the livable floor area of the pre-existing, non-conforming use. Additionally,the entire structure is now conditioned with central heat and air conditioning. ADDITIONAL INFORMATION: Originally constructed as a seasonal dwelling as recorded by the Town of Southold Board of Assessors, the improvements on the subject parcel are covered by the following Certificate of Occupancy: #38358 dated June 23, 2016 covering additions and alterations to an existing dwelling. #41222 dated June 30, 2020 covering an accessory in-ground swimming pool. 441223 dated June 30, 2020 covering a non-habitable, non-sleeping accessory pool house with trellis. #41028 dated January 29, 2020 covering alterations and additions including a covered front porch and 2 screen porches to a single-family dwelling. #42881 dated March 5, 2022 covering 200 amp electric service for dwelling. #43237 dated July 9, 2022 replacing the garage ONLY on Pre-C of O #14120-z dated December 26, 1985. The new Pre C of O(garage only)covers a wood frame garage with sleeping room, bathroom and two conditioned spaces, as indicated on the inspection report, including an electric hot water heater, no [central] heat [or air conditioning] or kitchen in building and indicates "Violation of Southold Town Code,Chapter 144-8: Zoning Board of Appeals, Suffolk County Health Department and Building Permit required for "as built" alterations to this accessory garage, including HVAC, one bedroom, one bathroom, one common space on the first floor and one common space on the second floor." The form is noted with an inspection date of July 21, 2021. The applicant did not provide documentation or a Certificate of Occupancy relative to the conversion of the residence from a seasonal dwelling to a year-round residence. According to Town of Southold Building Department records and affidavits provided by the applicant, as part of their application to update the house Pre-Certificate of Occupancy (#43237) on the garage only, it is noted that the structure originally contained 2 adjacent garage bays with an open area containing a partitioned bathroom located at the southeast corner of the structure, below the stairs to the second floor. While partially elevated, the garage contained a wood decking floor. The second floor"loft"of the garage,as illustrated in these documents indicate the stairwell access from below, along the southern roofline and a single, partitioned sleeping room in the northwest corner. The remainder of the second floor is unpartitioned and without a bathroom. The pre-existing, non- conforming structure, with noted garages and habitable space, is located in the front yard and on the eastern lot line, not meeting current Code and has not been moved or expanded, but has been structurally altered, without being changed to a conforming use. The applicant supplied architectural drawings for the `as built' improvements (structural alteration), including a site plan, a first-floor plan, a second-floor plan, west elevations and north elevations, labeled SP-100, A-101, A-102, A- 200, and A-201 prepared by Vincent Benic, Registered Architect and dated April 17, 2023. These plans illustrate a structure resting on a raised earthen plinth with a reduced,single garage bay on concrete slab and a mechanical room, both individually partitioned from the remainder of the first floor garage structure, an expanded sitting area encompassing a full, relocated, garage bay,the addition of a half bath/powder room and a wet bar area, along with a Page 3,,October 5,2023 #7815,Schwartzman SCTM No. 1000-110-7-2 relocated stairwell on the first floor and the addition of a full bathroom and relocated and expanded bedroom, along with the addition of a second bedroom and sitting area on the second floor. The entire structure is conditioned with heat and central air conditioning. The applicant did not provide in their application drawings or architectural renderings of the original Pre Certificate of Occupancy condition of the garage structure nor did they include a demolition plan illustrating the abandonment of a garage bay, the relocation of the stairs to the second floor,the relocation of the full bath to the second floor, the relocation and"division"of the single bedroom from the northwest corner of the second floor to the southern side of the structures second floor, the creation of a mechanical room or the `sunken' garage bay with concrete slab foundation. While the exterior of the structure has been renovated and benefits from a new roof, windows, trim, and siding, the structure's location remains the same and the structure's exterior conforms to the Pre-Certificate of Occupancy document. However, the interior of the structure has been irreversibly, structurally altered, expanded, is fully conditioned with central heat and air conditioning and expanded living space, now including a second bathroom and relocated staircase. This no longer conforms to Pre- Certificate of Occupancy #43237 which only had a sleeping room, bathroom and two conditioned spaces. Article XXIII, Section 280-123 states: "a non-conforming building containing a non-conforming 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." While the applicant's agent argues in their appeal that the interior modification of a legal pre- existing structure is exempt under the LWRP Chapter 268 section (f)and therefore is LWRP consistent they did not establish a precedent for the approval of interior structural alterations, expansion of use and addition of a bedroom and bathroom in a pre-existing structure. As a result of the applicant's extensive interior work performed and demolition without the benefit of a building permit for the structural relocation of the stairs, bathroom and bedroom it is probable that the Pre-Certificate of Occupancy is extinguished. No member of the public or an immediate neighbor spoke in favor of or against this application. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on September 7,2023 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 X267-b(3)(b)(1). Grant of the variance will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The immediate Fleets Neck neighborhood consists of mixed housing stock developed over the past century featuring larger waterfront homes, and smaller `Depression-era' bungalows, on a variety of lot sizes, many of which have been updated and expanded in recent years. Several neighboring homes have accessory structures with pre-existing, non-conforming uses. Few accessory structures contain habitable living space and have not been altered or expanded to the degree the applicant has undertaken.. While the applicant's existing house and garage were originally built in the 1930's and covered by a Pre-Certificate of Occupancy, and the garage has an updated Pre Certificate of Occupancy to reflect habitable space, the interior structural alterations of the garage, including abandoning a garage bay, substantially altering the floor plan, partitioning spaces, relocating a stair and a bathroom and adding a second half bathroom is in direct contravention of the residential use and not permitted under Code §280-13(a)(1). In granting any relief as requested, a detrimental precedent will be set which will alter the immediate neighborhood, community and town which permits only one residential structure on a lot in the R40 Zoning District. Page 4, October 5,2023 97815, Schwartzman SCTM No. 1000-110-7-2 2. Town Law &267-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. The applicant can add additional living space consisting of sitting areas, bedrooms and bathrooms to their residence to accommodate domestic help and guests. Furthermore, the applicant can apply for a special exception permit to establish a legal accessory apartment in an accessory structure for an immediate family member or to create an affordable housing rental unit. 3. Town Law 4267-b(3)(b)(3). The variance requested herein is mathematically substantial, representing 100% relief from the code. There is no precedent, other than to change it to a conforming use, to allow an applicant to expand a pre-existing,non-conforming accessory structure to include a relocated staircase,bedrooms,bathrooms and siting areas. 4. Town Law&267-b(3)(b)(4). 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 LWRP Coordinator in their memo dated August 16, 2023 indicates that the applicant's proposal is INCONSISTENT with LWRP Policy 1 and the `as built' structure does not enhance community character and sets a precedent on lots in the neighborhood and within the community. Furthermore, the disposal of sanitary waste for the subject accessory structure is unclear. 5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created. The applicant chose to substantially alter the accessory structure abandoning its primary use as a garage and expanding its use as a habitable living space (the applicant has stated that they lived in the"as built" structure during the extensive renovation of their residence) and has stated in their application, "The contractor did the work without filing any application for permits." Moreover, 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, as established by their knowledge of the importance of a Pre-Certificate of Occupancy on the primary residence and improvements. 6.Town Law 4267-b. Grant of the requested relief is not the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an expanded accessory building to include a fully conditioned two-story habitable structure consisting of a sitting room, a bathroom and wet bar on the first floor and a sitting room, a full bathroom and two bedrooms on the second floor and a separate,single-bay garage and a mechanical room and 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 Planamento,seconded by Member Lehnert,and duly carried, to DENY as applied for. Vote of the Board: Ayes: Members Weisman (Chairperson), Planamento, Acampora and Lehnert. Nays: Member Dantes This Resolution was duly adopted(4-1). Leslie Kanes Weisman, Chairperson Approved for filing 1(9/ 6 /2023 VBARECEIVED Z�I �i VINCENT OENIC:.HCHIT'cCT PO Boz 92,Southold NY 11971 www.vbarch.com \ Issued/Revision SURVEY OF U7MPOW otYAppeals ��' l 0 AREA OF ZBA � 4/17/23. ZBA SUBMISSION TOWN SUFFOLK COUNTY, N.Y. APPROVAL f 1000-110-07-02 SCALE: 1'=30' \ t�3 JULY 15, 2016yNGl JULY 27, 2022 (UPDA7E) ��\ �� l L.NP071` 0 A SJ 209 N 1 f Drawings&specifications as Instruments of professional service \ u1�V .,•,� „r J�ti. �1 \ ii are,and shall remain,the property of VINCENT BENIC ARCHITECT. No reproduction,in whole or in part,shall be made tN •;>: -.yy,� s°��, r;� �': O (� without the written authorization of VINCENT BENIC ARCHITECT. p,£R T—ft This document is Intended solely for the construction of the (0 WP \ 41 s i+ �-`` vy '", -,ap©rt y project named herein and shall not be used by any other parties l �tyE15 JJ 'J". r� Yi •v` for any other construction without the written consent of :''� ( ot':r'•ys �i� VINCENT BENIC ARCHITECT. / . '�!'`•e% � CTPD 7�GY ZF C FFF�� • h�ar:t �Fzo OS i?� F� r�'.: �• ��fit£`ice 5 tea,�' ��;.a,• 1 � N T(1„J� - - CERTIRED TO: ALLAN SCHY/ARTZIAAy bG a •1•ea '\ 0 m�;Y 'Z 5 t£ uT� •�„-yji �c�;.� �: °., m v \ a PS o- TEST HOLE DATA n �Zy+r I&DONALD GEOSCTc7:CE 9 ✓ 04/26/2016 DARK BROW LOA/0 010 1 t.` .. O' .a:t�°`�_. TTL. ,�•V' SROWN CLAYEY SAND SC VBA Proj#: Seal: ' t a 378.2 PALE QROYN mg SAND SP s `� (r``� � -!�� •ey°�� �` r> ,�'• Drawn: Eft- t� Y 1d6` o-`•.�; �� j WM °fix`'/s �� ��9$ •^.. _ Checked: WATER 1N PALE BRONN FINE SAND SP ,¢ ` VB i ivT NOTE WATER ENCOUNTERED 116`BLOW SURFACEttEwY ).uerZO� l .Srfl� 0''i S 4C4'� '•`✓fL4 7ll`A to"�, c`�� [.x.9\...4 ■=uaruN£NT ¢� x: AyS� (£`-� V';�`• s' Vend Benic,AIA, u NYS#014883 AREA=1.399 ACRES ` fi"; 5 \ ,1 , FLOOD ZONE FROSf FZRW MAP NUMBER J61O1C016411 or 60,935 SO. FT. er ` __ _y�(1 = ^! Project SLPTEIABER 25, 2009 ';\w d w - ,�t�+0 4 . TO TIE LINE ' •', ^_ }i,LA-�� LIC. NO. 051132-01 1165 West Rd. Residence ELEVA77ONS&COVTOURS ARE REFERENCED TO N.A.KD. 88 n� ��'.`i "t {�Y „N i- ; •v ,�` �I• Y.S. LIC. NO. 49618 ANY ALTERATION OR ADDITION TO 7TDS SURVEY 15 A VIOLATION ''/•.YI p�'1 — sd CiutCihogue, NY 11935 OF SECTION 7209OF THE NEW YOW STATE EDUCATION LAW. i �'� N �- PECONI SURVEYORS P.0 EXCEPT AS PER SECROM 7209-SUBDIVISION 2 ALL CERTIRCATICNS v I (637) 765-5020 FAX (631) 765-1797 HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF 'i�l SAID MAP OR COPIES BEAR THE&FRESSEO SEAL OF THE SURVEYOR �� $ , N.Y17971 16-039.0 0 Drawing Title WHOSE SIONATURE APPEARS HEREONTHOLU . ~/,�J SITE PLAN Drawing Number SP-100 l ' f RECEIVED LIVABLE FLOOR AREA CALCULATIONS SQ. FT. JUN 05 2023 ' 00 1STFL0 SITTING AREA/WET BAR 505 VIA- 2ND FL0 BEDROOMS/BATHROOM/SITTING AREA 749 VINCENTBENIC ARCHITECT PO Box 92,Southold NY 11971 www.vbarch.com Zoning Board of Appeals 13'-51/" 2'-8" TOTAL 1254 Issued/Revision 4/17/23. ZBA SUBMISSION D " --------------- ------------------- UP ------------------ UP Cv) M MECHANICAL ROOM WET BAR C° Drawings&specifications as Instruments of professional service are,and shall remain,the property of VINCENT BENIC ARCHITECT. No reproduction,in whole or In part,shall be made without the written authorization of VINCENT BENIC ARCHITECT. This document Is intentled solely for the construction of the project named herein and shall not be used by any other parties _t for any other construction without the written consent of 61-2" 3'-01 ~ VINCENT BENIC ARCHITECT BATHROOM LID O �- N JOIST @16 OC (? (V N GARAGE/STORAGE CV CONC. SLAB ON GRADE _ � b A� . . CV � U') a SITTINGAREA �c 00 m T 0148163 yp�� ti r - CV ? VBA Proj#: Seal: M 378.2 Drawn: WM Checked: ti VB M Vend Benic,AIA, NYS#014883 Project 111/" 8'-0" 5'-3" 2'-6" 4'-51/2" 7'-11" 1165 West Rd. Residence Cutchogue, NY 11935 FIRST FLOOR PLAN Drawing Title er FIRST FLOOR PLAN 30'-41/" Drawing Number A-101 RECEIVED LIVABLE FLOOR AREA CALCULATIONS SQ.FT. VBA �Ib 1STFLO SITTING AREA/WET BAR 505 VINCENTBENIC ARCHITECT PO Box 92,Southold NY 11971 www.vbarch.com JUN 0 5 2023 2ND FLO BEDROOMS/BATHROOM/SITTING AREA 749 Issued/Revision TOTAL 1 1254 Zoning Board of Appeals 4/17/23. ZBA SUBMISSION T-0" 3'-3" 9'-0%" 3'-3" I I Drawings&specifications as Instruments of professional service N are,and shall remain,the property of VINCENT BENIC ARCHITECT. No reproduction,to whole or In part,shall be made without the written authorization of VINCENT BENIC ARCHITECT: This document Is Intended solely for the construction of the O _ project named herein and shall not be used by any other parties for anyother construction without the written consent of VINCENT BENIC ARCHITECT. I ti CV O ``' BATHROOM `1 io CO BEDROOM N CV CO • 1 N L) Cv? i ARSSzLl 1 T-212" 2'-412" 1'-8" 2'-0" 2'-912" BEDROOM TAT 014�a���0�� N SITTING AREA VBA Proj#: Seal: 378.2 Drawn: r WM I I Checked: CV VB Cfl N Vend Benic,AIA, NYS#014883 Project 1165 West Rd. Residence Cutchogue, NY 11935 Drawing Title 7'-9" 2'-11" 9'-OS/a" 2'-11" 1 2ND FLOOR PLAN SECOND FLOOR PLAN sr, Drawing Number A-102 VBA VINCENT BENIC ARCHITECT RECEIVED � d PO Box 92,Southold NY 11971 www.vbarch.com d JUN 0 5 2023 Issued/Revision Zoning Board of Appeal§ 4/17/23. ZBA SUBMISSION Drawings&specifications as instruments of professional service are,and shall remain,the property of VINCENT BENIC ? � ARCHITECT. No reproduction,in whole or in part,shall be made without the written authorization of VINCENT BENIC ARCHITECT. This document is intended solely for the construction of the project named herein and shall not be used by any other parties for any other construction without the written consent of VINCENT BENIC ARCHITECT. a e 77 i id•f3'. §, °. Y'r 10— -, 5.. 3' <.?•,rt 3 g 4 �f i]�1 •F� .R•'j. _.J.=> sTi3.{•Jt.., � - ..i. :O i�R".{ i.i.3':t.t;,4tF'15*- ?., :§' :�4..t.:,#.t�.^A :, <x. '•' s„ i - t.<,,,.e s•4 p SJ+ ia, Q– ".{ y'v . ' 1 I`- g il 14x.:,§' "'1:t � € ' FIM 4-1 ': e t S .�,'2 ` {,� , : '1 �:`S. #sr+• _ N-1 I!, kVBA ProJ#: Seal: € gqpp 378.2 iIt,J 411 j 4 i kt': Drawn: Checked: VB Vend Benic,AIA, NYS#014883 WEST ELEVATION Project 1 Scale:1/2„=V-0” 1165 West Rd. Residence 0 0 1 2 3 4 5 FT Cutchogue, NY 11935 Drawing Title WEST ELEVATION Drawing Number A-200 RECEIVE® VBA JUN 0 5 2023 VINCENT BENIC ARCHITECT PO Box 92,Southold NY 11971 www.vbarch.com Zoning Board of Appeals Issued/Revislon 4/17/23. MASUBMISSION ?h . Drawings&specifications as Instruments of professional service are,and shall remain,the property of VINCENT BENIC ARCHITECT No reproduction,In whole or in part,shall be made •,I ,i without the written authorization of VINCENT BENIC ARCHITECT. This document is Intended solely for the construction of the projectnamed herein and shall not be used by any other parties - - - for any other construction without the written consent of VINCENT BENIC ARCHITECT. 7 tt i I 1 I { { 7777/ I ,i'i IIa 14883 `e- 'i 7 s z VBA Proj#: Seal: 378.2 •! t -a ! 1 E .j .'3 R + E '! t r , � 1 '# Drawn: WM Checked: VB Vend Benic,AIA, NYS#014883 NORTH ELEVATION Project 1 Scale:11Z'=V-0° 1165 West Rd. Residence 0 0 1 2 3 4 5 FT Cutchogue, NY 11935 Drawing Title NORTH ELEVATION Drawing Number A-201 j SURVEY OF PROPERTY O RECEIV A T CUTCHOG UE JUN 0 5 TOWN OF SO UTHOLD SUFFOLK COUNTY, NY �P 1000-110-07-02 SCALE.- 1'=30' JUL Y 15, 2016 ��,NG� JULY 27, 2022 (UPDA TE) OOOA Ar� t0 E�• %b 5�a20RjNo °�S 7 e�.ti6 6 N J- �OQ� �I P� �N PSE ° E aE ZPaK vP 11 c��aP�O FE. kA. �P �Q cOoG. Re�Pwy 5v+ 2 qA M ENG 5��• GE 3�6 N6`J•21I� GFRP 'O �ril e W000 Ffi01'- 00%,C- 0 hO0%,G0 cif 0 pEE 41G (fA a� 8 O .S4 001- T / 'Z o� 5�0N005� GPS 'S \4 \p ri PO 19' _'- X21 CERTIFIED TO: °02 d HG ALLAN SCHWARTZMAN `�� Q 00k' G�G.N�PS ) oo. ���af /'�i o \ w. �O J o• r- �� y �� 2 a' t�`°�� � ORS 0�5� ,z° � �• �� = \7L < y � P l MCDONALD GEOSCIENCE y� osPno ,Z- TEST HOLE DATA 08 s° c 04/28/2016 °°�E55 , aN V O DARK BROWN LOAM OL s Qo oPfo�,cE ,oEGK �F 1' PARE 5•�PS G �P�� BROWN CLAYEY SAND SCo� 9 FQ`1 4' *000 95 "� y ti ONE pP�° 1 eP� � 2 I� o po PALE BROWN FINE SAND SP ��yo 00 K/p ID o 13.6' e\ �°P9PN�e\, S�Pi'/o3oi �18�98 s� WATER IN PALE BROWN nNE SAND SP sp BJP BP�Ki/v�E O o ��PS 17' 10 0 �p tio�E ° YOgK NOTE. WATER ENCOUNTERED 13.6' BELOW SURFACE .SONE �� ���N�P OF METIQF9 ° ,No°°11-11 ONE J U) 0. ■ =MONUMENT AREA=1.399 ACRES FLOOD ZONE FROM FIRM MAP NUMBER 36103CO164H or 60,935 SQ. FT. SEPTEMBER 25, 2009 �� TO TIE LINE ti°��E e�8 W ��� V� �O 5� M o N. Y.S LIC. N0. 051132-01 ELEVA 77ONS & CONTOURS ARE REFERENCED TO N.A.V.D. 88 F Z1 �: �r N LIC. N0. 49618 ANY AL 7FRA 77ON OR ADDI77ON TO THIS SURVEY IS A VIOLA TION OF SEC77ON 7209OF THE NEW YORK STATE EDUCA 77ON LAW. � �M - �0 PECONI SUR VEYORS, P.C. EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL CER77FICA77ONS i�G�P (631) 765-5020 FAX (631) 765-1797 HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR P.O. BOX 909 �� WHOSE SIGNATURE APPEARS HEREON. ��� SOUTHOLD, N. Y. 11971 • 16-039 WUNTY OF SUFFOLK 1 �a STEVEN BELLONE 'D SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF ECONOMIC?DEVELOPMENT AND PLANNING SARAH LANSDALE CHRISTOPHER GONZALEZ COMMISSIONER ELISA PICCA CHIEF DEPUTY COMMISSIONER DEPUTY COMMISSIONER June 6, 2023 Town of Southold RECEIVED Zoning Board of Appeals 53095 Main Road JUN 0 6 2023 P.O. Box 1179 Southold,NY 11971-0959 Z@ning Bard of Appeals Attn: Leslie Weisman Dear Ms. Weisman: Pursuant to the requirements of Sections A14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number Allan Schwartzman #7816 Very truly yours, 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 Flit �� A-Ark 9fIL42> P P at�0 q SOOT I FICE LOCATION: oy�� y0l MAILING ADDRESS: Town Hall Annex O P.O. Box 1179 54375 State Route 25 l Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) N Southold,NY 11971 �Q Telephone: 631765-1938 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM RECEIVED To: Leslie Weisman, Chair AUG 1 ,2023 Members of the Zoning Board of Appeals From: Mark Terry, AICP Zoning Board of Appeals Assistant Town Planning Director LWRP Coordinator Date August 16, 2023 Re: LWRP Coastal Consistency Review for ZBA File Ref ALLAN SCHWARTZMAN#7816 SCTM 1000-110-7-2. ALLAN SCHWARTZMAN #7816 - Request for a Variance from Article XXIII, Section 280-123 and the Building Inspector's April 10, 2023 Notice of Disapproval based on an application for a permit to legalize "as built"alterations to a pre-existing accessory garage containing a sleeping room,bathroom and two(2) conditioned spaces; 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; located at: 1165 West Road, (Adj. to Cutchogue Harbor)Cutchogue,NY. SCTM No. 1000-110-7-2. 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 proposal is recommended as INCONSISTENT with the below LWRP 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. The as-built structure does not enhance community character and sets a precedent on lots in the neighborhood and within the community. The disposal of sanitary waste is unclear. 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 i Y RECEIVED TOWN OF SOUTHOLD BUILDING DEPARTMENT JUN 0 5 ,2023 SOUTHOLD,N.Y. Zoning Board of Appeals NOTICE OF DISAPPROVAL DATE: April 10, 2023 TO: Patricia Moore(Schwartzman) 51020 Main Road Southold,NY 11971 Please take notice that your application dated January 20, 2023: For permit:.to legalize`'as built":alterations to a pre-exist n�-aceessory garage containing: a sleeping room:bathroom:and _(2).conditioned spaces at: Location of property::1.165,West Road, Cutchogpe;NY County Tax Map No. 1000 - Section 110 Block 7 Lot 2 Is returned herewith and disapproved on the following grounds: w The"as built" alterations: on this.conforming:60;935 sq:.ft. lot in the R-40 District:.are not permitted putsuarit to Article 50dn.Section 280423.which states: `°a nonconforming building-containing--_a nonconforming use shall not.be enlar eg -d.-or. structurally altered or moved except as set forth.below .unless'the use of such building is chari�ed-ta a coriformin�a coriformin 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. ` T IS THE APPLICANT/AGENT'S RESPONSIBILTY TO REVIEW THEIR FILE FOR ANY CORRESPONDENCE FROM OTHER %GENCIES INCLUDING LWRP COUNTY PLANNING TRUSTEES PLANNING NEIGHBOR'S ETC., PRIOR TO THE HEARING. Fee:$ Filed By: Assignment No. 101 W APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS +ZINSPEJ House No. 1165 Street West Road Hamlet Cutchogue SCTM 1000 Section 110 Block 7 Lot(s) 2 Lot Size 60,935 Zone R-40 ZonAppeals I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING DATED 4-10-23 BASED ON SURVEY/SITE PLAN DATED 7-15-16 (undated 7-27-22) and site plan dated 4-3-23. Owner(s): Allan Schwartzman Mailing Address: 1165 West Road, Cutchogue NY 11935 Telephone: 917-499-2824 Fax:_Email: elsa@allanschwartzman.com NOTE: In addition to the above,please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Patricia C. Moore for(X) Owner( )Other: Address: 51020 Main Rd, Southold,NY 11971 _Telephone: 631-765-4330 Fax: Email: pemoorena,mooreattys.com 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-4-3-23 (updated 7-27-22) and DENIED AN APPLICATION DATED 1-20-23 FOR: (X) Building Permit ( ) Certificate of Occupancy ( )Pre-Certificate of Occupancy ( ) Change of Use ( )Permit for As-Built Construction ( ) Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: XXIII Section: 280-123 (nonconforming building with nonconforming use 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( ) has, (X) has not been made at any time with respect to this Prope UNDER Appeal No(s). Year(s) -1 �.�p RECEIVED JUN 0 5.2023 Zoning Board of Appeals RECEIVED Name of Owner: Allan Schwartzman ZBA File# REASONS FOR APPEAL (Please be specific, additional sheets may be used ith JUN '05 .2023 preparer's signature notarized): Zoning Board of Appeals L An undesirable change will not be produced in the CHARACTER of th detriment to nearby properties if granted, because: The existing house was originally constructed in the 1930's with the existing garage (carriage house) in the front yard. Pre-CO History: The Nagle family purchased the house in 1938 and continued to own the house until it was sold by the grandchildren to the applicant, Allan Schwartzman. Allan restored the existing house to its original architectural condition. The house was restored with drift-wood details and 1930's craftsmanship. The original garage contained guest quarters which was used by the Nagle's housekeeping staff (the original housekeeping staff of Edward and Georgia which were the family cook and chauffer). The living space continued to be occupied by the family and their guests,prior to closing of title with Allan Schwartzman in 2015. When Allan purchased the property the living space continued to be occupied by Allan and guests while the single-family house was under renovation. Once the house was completed then the garage and living quarters were also renovated. The owner hired a contractor who was required to obtain permits, as needed. The contractor did the work without filing any applications for permits. This was discovered by the owner when the building department was inspecting other work being done with a permit(pool and pool house). The owner hired an attorney(Pat Moore) and the attorney began the process of obtaining"as built" permits. The first step in the process of obtaining permits was to update the pre-CO . The updated pre-CO required proof that the living quarters were pre-existing and should have been included in the pre-CO of the garage. Affidavits were submitted and the preexisting living quarters was legally established to the satisfaction of the building department. (See Pre-CO). The pre-CO identified violations for the renovation of the space which included HVAC added, a building permit will be required for the renovation(updated electrical) and Health Department(since the structure is pre- existing). The owner submitted a building permit for the alterations to the existing space, but the building department requires a variance because the pre-existing use (guest quarters) is a nonconforming use and needs the Board's approval to obtain a building permit for the renovated space. The permits will be obtained after a determination is made on this application. The garage contains a first-floor garage bay and utility room which is conforming. The south side of the first floor of the garage is a common area/sitting area with a 1/2 bathroom, no kitchen(a wet- bar) wine refrigerator& sink and stairs to the existing 2nd floor sitting area and sleeping area of the living quarters. The original living quarters had one very large bedroom(1/2 of the space) with multiple beds. The renovated sleeping area is split into two bedrooms, each with its own bed. The area designated as sitting area and sleeping area did not change from the original use (1/2 of the second floor space is sitting area and 1/2 of the space is sleeping area) The living area always had a full bathroom(sink, toilet, and tub)the renovated bathroom remains a full bathroom (sink, toilet and tub replaced with a shower). 3.The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: the preexisting structure and preexisting use remains unchanged but the alterations require a building permit. The one bedroom was made into two bedrooms, even though the square footage of the interior has not changed, the alterations require a variance. The structure was renovated,the electrical system -1610 updated and plumbing updated(removed lead solder on old plumbing). Even if all the work was cosmetic the contractor should have obtained a building permit becaus of the Ee ec rica work. JUN 0 5 ,200, 4.The amount of relief requested is not substantial because: the varianc is for interior"wor o a preexisting building. The pre-CO was re-issued to legally acknowled e�4ffkAi�011TYPEW Rnta�s pre-existing living quarters (see pre-CO dated 7-9-22). The existing s retained the original architectural features and charm. The owner does not want to expand the use. The owner wishes to retain the use as guest quarters only. In order to obtain a building permit the building department will require Suffolk County Health Department approval for the living space in the garage. The sanitary design will depend on the interior layout of the existing structure. If the Board grants the"as built"alterations,the owner will apply to the Health Department as directed by the building department. 5.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: the garage with living space pre-dates zoning. The house and garage were restored to their original character and design. The existing structures significantly enhanced the physical and environmental conditions in the neighborhood and district. The owner is a preservationist and the original house, which was considered a"tear- down"by the Sellers (prior owners) was restored to its original architectural character. The owner wishes to preserve the living space as renovated. 6.Has the alleged difficulty been self-created? { ) Yes, or {X } No Why: Contractor failed to obtain permits when the work involved electrical or plumbing updates. Are there any Covenants or Restrictions concerning this land? { X} No { } Yes (please furnish a copy) This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. ature of Applicant Authorized Agent (Agent must submit written Authorization from Owner) Sworn to before me this j1 day of 20 2 S Notary Public KYLEE S DEFRESE NOTARY PUBLIC-STATE OF NEW YORK No.01DE6420156 Qualified in Suffolk County My commission Expires 08-02-2025 APPLICANT'S PROJECT DESCRIPTION APPLICANT: Allan Schwartzman DATE PREPARED: 4-1-23 6�I 1. For Demolition of Existing Building Areas RECEIVED Please describe areas being removed:_None UIN Zoning BeaFd ef Appeals H.New Construction Areas(New Dwelling or New Additions/Extensions): existing structure Dimensions of first floor extension: Dimensions of new second floor:N/A Dimensions of floor above second level:N/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: existing two-story garage/carriage house M.Proposed Construction Description(Alterations or Structural Changes)(Attach extra sheet if necessary). Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations:_ Preexisting nonconforming guest quarters in accessory structure. Proposed retaining"as built"alterations which include partition of bedroom from one to two bedrooms in living quarters. IV.Number of Floors and Changes WITH Alterations: No change. V. Calculations of building areas and lot coverage(from surveyor): No change Existing square footage of buildings on your property: Proposed increase of building coverage: Square footage of your lot: Percentage of coverage of your lot by building area: VI. Purpose of New Construction:_interior alterations to existing garage/carriage house. VII. 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): The original 1930's house was restored with extensive landscaping around the property. The existing garage/carriage house was restored and renovated with one garage bang area on first floor with a %2 toilet and 2nd floor living area with a full bathroom and two bedrooms. Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction,and photos of building area to be altered with yard view. Allan Schwartzman RECEIVED 1165 West Road, Cutchogue AUG 2 5 2023 Appeal#7816 Zoning Board of Appeals This submission is made in response to the Local Waterfront Revitalization Program (LWRP) Consistency Review dated August 16 from Mark Terry, the LWRP Coordinator and in support of our application. While variances are not"personal"to the applicant, the restoration of this unique property would not have been possible without Mr. Schwartzman's background, resources, and professional training. The house and garage were sold by the Rynd and Nahill families (heirs of Helen Rynd) as a "knock down" in 2016 for$3,599,000. The prior owners made no representations regarding the condition of the inside or outside of the house or garage. The house and garage date back to 1906-1908. THE OWNER Mr. Schwartzman has been an art advisor for the last 25 years. He has worked in the visual arts for 47 years, first as a curator, then as a critic and arts journalist, and then as an advisor. His clients are art collectors, and he curates his clients'personal art collections. The art pieces are investments, and his client's art collections are lent out for exhibits and donated to museums. His clients are located throughout the world, he travels extensively, and this home is his retreat. He spends as much time as possible in Cutchogue. His appreciation of art gave him the vision to restore this unique,property. THE PROPERTY The property is located at 1165 West Road, Cutchogue with the original early 1900's waterfront house and street side detached garage. Rather than be demolished, the house and garage were restored with painstaking effort and at great expense. The existing garage contains living space, which according to the prior owner's living relatives, was used for caretakers, staff quarters, and occasionally for the family's guests dating to the 1930's. The pre-CO was re-issued in 2022 based on affidavits, and the building inspector's inspection of the existing structure. The building inspector acknowledged that the original space_contained a full bathroom, bedroom, and casual living space. This appeal is being made to obtain a building permit for the "as built" improvements to the existing garage. According to Mr. Schwartzman"the original garage had been modified by a previous owner to resemble the more utilitarian style of a suburban garage, with two roll up doors. However, in keeping with the character of the house, and its turn of the century design, the exterior was redesigned with barn-like doors and other details congruent with those of the house". Moreover, "the floor of the garage had been so badly pitched it most certainly would have been more cost effective to tear it down and start from scratch, but I wanted to honor the original design and architectural spirit of the building". The restoration required a commitment to preserve the structures (house and garage), at any cost. Both the existing house and existing garage will continue to stay standing --safe, and functional in this century. The owner has restored the space for his own personal use, not to be rented or used for profit. The living space in the garage provides privacy for the owner in the house and for his staff. The occupants of the living space are typically the housekeeper, and occasionally the personal assistant when the owner works from home. The current use of the garage has not changed since the 1930's. As was customary in the early 1900's through the 1930's, the staffwould come out to the summer home of the employer/property owner to prepare the house for the owner and perform day- to-day functions for the owner such as cleaning, childcare, butler, and chauffeuring. Similar services by the owner's staff continue to this day. The housekeeper is responsible for Mr. Schwartzman's pets. She cleans and purchases the groceries in advance of Mr. Schwartzman's stay in the house. Mr. Schwartzman's personal assistant stays in the guest quarters, as needed. The two bedrooms are utilized for the housekeeper and the personal assistant. The living space preserves the privacy of the owner and the staff. The Schwartzman's property is carefully landscaped, including privacy fences and screening, as well as a privacy gate at the entrance. There is no visual evidence of the living quarters in the garage. From the street and adjacent parcels, the preexisting structure is a beautifully restored garage. 1� CHARACTER ON WEST DRIVE The living space in the garage is consistent with the character of the immediate neighborhood. On West Drive there are several properties with homes that pre-date zoning and contain "Guest Quarters/Living Space" in their garage or in second dwellings. Directly behind the garage and a few feet from it, is a much larger guesthouse on the adjacent property, which by comparison, the Schwartzman garage is quite discrete in scale and styling, and consistent with the design of the original house and garage. A search of the Board's records and pre-COs in the Building Department records document that in the immediate area from Mr. Schwartzman's property, on West Road, many of the existing homes pre-date zoning and there are several preexisting accessory structures containing living space (Schwartzman's parcel is known as 1000-110-7-2): Next door noted above: 1000-110-7-3: Pre-CO#23683 issued 1995-Preexisting 2 car garage with a full apartment (with kitchen) above garage with 2 full bathrooms and bedrooms. 1000-110-7-6 (Appeal #2775 in 1981- carport converted to garage with living space (ZBA conditions: no kitchen, no renting, no subdivision) 1000-110-7-11.1 (Appeal 5555 in 2004) two dwellings on one parcel- alterations to preexisting structures. 1000-110-5-40.1 Pre-CO#25690 issued 1998 for two dwellings on one parcel. The pre-existing living quarters identified above have been maintained over the many years and preserve the cultural heritage of the Town of Southold. LWRP The application to modify the interior of a legal preexisting structure is EXEMPT under the LWRP (F). Granting of individual setback, lot line and lot area variances, except in relation to a regulated natural feature-or a bulkhead or. other shoreline defense structure or anv activity within the CEHA; The modifications of the interior of this preexisting building located in the front yard and more than 200' from the top of bank, out of wetland regulatory jurisdiction,which do not affect any "natural features, a bulkhead or other shoreline structures" are exempt from the LWRP. c/A A Even if subject to review under the LVW, the purpose of this application is to preserve a use documented since 1930's and an accessory building built in the early 1900's. The buildings and use predate zoning. This building preserves the cultural use of the property which is CONSISTENT with the LVW. LWRP adopted policies which emphasize the preservation of the Town's community character through the preservation of scenic quality. The house and garage date to the early 1900's, have been restored, and preserve the community's character and scenic quality on West Road. The existing house and the garage were restored rather than, as is commonly occurring, demolished. This owner, through this application, is preserving the cultural heritage of Southold and consistent with General Policy 2: preserving cultural and historic resources of the Town of Southold. There is no precedent set on approving the interior modifications. of a pre- existing structure. The living quarters in the garage were constructed, prior to zoning. When the structure was restored, the bathroom and living spaces were made safe with updated electrical and energy efficient HVAC. The owner's guests are generally the owner's housekeeper and the owner's personal assistant. The pre- existing use remains as it was started in the early 1900's. The variance will enable the owner to obtain a building permit for the interior alterations to the existing structure. Preservation of a building built in the early 1900's is consistent with the policies of the LWRP. Thank you. -atricia C. Moore Attorney for Applicant 51020 Main Road Southold NY 11971 4/2012 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION (�,` L A. Is the subject premises listed on the real estate market for sale?Y os X LEIVED B. Are there any proposals to change or alter land contours? JUN 0 5 2023 X No _Yes please explain on attached sheet. Zoning Board of Appeals C. 1.) Are there areas that contain sand or wetland grasses? property on Peconic Bay D. !2.)Are those areas shown on the survey submitted with this application? Yes 3.)Is the property bulk headed between the wetlands area and the upland building area?YES 4.)If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? (BEYOND 100' FROM TOP OF BANK) 5.) Please confirm status of your inquiry or application with the Trustees: The Existing Trustees permit for waterfront structures issued permits and permits transferred to new owner. and if issued,please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? No Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? No If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: "As built" building permits pending for interior alterations. G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? No If yes, please label the proximity of your lands on your survey._ I. Please list present use or operations conducted at this parcel House, pool house and pool and the proposed use guest quarters in garage. (ex: existing single family,proposed: same with garage,pool or other) %r4Town of Sod, 7/25/2022 g11FFOL�Y n:,..,, 53095 Main Rd Southold,New York 11971 o • ��',�4,1 RECEIVED PRE EXISTING JUN o 6 2023 CERTIFICATE OF OCCUPANC Zoning Board of Appeals No: 43237 Date: 7/9/2022 THIS CERTIFIES that the structure(s)located at: 1165 West Rd, Cutchogue SCTM#: 473889 Sec/Block/Lot: 110.-7-2 Subdivision: Filed Al--p No. TLot 1`.0. conforms substantially to the requirements for a built prior to APRIL 9, 1957 pursuant to which CERTIFICATE OF OCCUPANCY NUMBER Z- 43237 dated 7/9/2022 was issued and conforms to all the requriements of the applicable provisions of the law. The occupancy for which this certificate is issued is: wood frame accessory garage with sleeping;room,bathroom and two conditioned spaces.* VIOLATION of Southold Town Code,Chapter 144-8: Zoning Board of Appeals, Suffolk County Health Dept and Building Permit required for"as built"alterations to this accessory garage, including HVAC,one bedroom, one bathroom,common space on the first floor and common space on the second floor. This Pre-Existing Certificate of Occupancy replaces the -garage only on Pre CO Z-14120, issued 12/26/1985. The certificate is issued to Schwartzman,Allan (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. PLUMBERS CERTIFICATION DATED *PLEASE SEE ATTACHED INSPECTION REPORT. , utori Signature BUILDING DEPARTMENT TOWN OF SOUTHOLD q HOUSING CODE INSPECTION REPORT -1D1 10 0 RECEIVED LOCATION: 1165 West Rd,Cutchogue SUFF.CO.TAX MAP NO.: 110.-7-2 SUBDIVISION: JUN 0 5 2023 NAME OF OWNER(S): Schwartzman,Allan OCCUPANCY: Zoning Board of Appeals ADMITTED BY: Patricia Moore,Att. SOURCE OF REQUEST: Schwartzman,Allan DATE: 7/9/2022 DWELLING: #STORIES: 2 #EXITS: 1 FOUNDATION: slab CELLAR: CRAWL SPACE: BATHROOM(S): TOILET ROOM(S): UTILITY ROOM(S): PORCH TYPE: DECK TYPE: PATIO TYPE: BREEZEWAY: FIREPLACE: GARAGE: DOMESTIC HOTWATER: yes TYPE HEATER: electric AIR CONDITIONING: TYPE HEAT: none WARM AIR: HOT WATER: #BEDROOMS: #KITCHENS: none BASEMENT TYPE: OTHER: ACCESSORY STRUCTURES: GARAGE,TYPE OF CONST: accessory STORAGE,TYPE OF CONST: SWIMMING POOL: GUEST,TYPE OF CONST: OTHER: VIOLATIONS: VIOLATION of Southold Town Code,Chapter 144-8:Zoning Board of Appeals, Suffolk County Health Dept.and Building Permit required for"as built"alterations to this accessory garage,including HVAC,one bedroom,one bathroom,one common space on the first floor and one con.mon space on the second floor. REMARKS: INSPECTED BY: JOHNJ DATE OF INSPECTION: 7/21/2021 TIME START: 10:45am END: 11:15am TOWN OF SOUTHOLD 01—TIC1; Ob' 13UII,DINC; INSPECTOR TOWN HAI.,L .`�UU'1'1IC)LD, NEtF YO1:K CERTIFICATE OF OCCUPANCY NONCONFORMING PRENUSES RECEIVED THIS TO Ci'RsI IFY that the _ ` JUN 0 5 2023 Pre C.O." #- Z14120 ,!X/ I3tiilding(es) Date- 12/26/85 ll ^(,) Zoning Board of Appeals loot'e'd at_1165 West Road Cutchogue Street Hamlet shown on county tax map a; District i000, Section 110 Block 07 'lot. 002 doos!uo0con.form to the present Building Zone Code of the fctvr. of 5o!1th1)l,i for the following reasons: The lot size is less than _re aired 802000 meq, ft. accessary garage is located in front -yard_area on easterly boundary line; fence is over the property line along front yard. On the l;asis of information presented to the Building Inspector's Office, it has been determi-,)od that the above nonconforming /X—/Land /—X/Building(s) ,e(:;) eristod on the effective date the present Building Zone Code of the Town of Southold, and may hr continued pursuant to and subject to the appli- cable PrOVi;ir'Ir,�; r,f ::;,id Code.* 1';" iS FT"ti.TIIER CEEMFIED that, based upon information presented to tiuIns!,^cu.r's Office, the occupancy and use for which this Certifi- c:Itc j;s i ;:iced j:; a5 follows;: Private one-family dwelling with 'c'hr ( rrtifi: i'r. 'i:; i:,rsc raj to HELEN_ MARY RYND (owner, �es�ae�k-tc�z��rit) of the' afm)i•Ps:iirl `:,`f•,lk Cranty l)r•part;uent of Healti; Approval no record IT'It.= CET.T1I•'IC:/1,TF NO. no record ;\; ,'1•IC•l, 1'r; HE*1,L;MV GIVEN th;:t the owner of the above premises HAS TO Al INSPEC'.I ION of the premises by the Building Inspec- tr,r to determine if the premises comply with all applicable codes and ordin- ances, other than thr_ Building roue Code, and therefore, no such inspection has been conducted. This Certifie-ntr, therefore, does not, and is not intended to certify that the pren,ises comply with all other applicable codes and regula- tir,ns. uti Iiuiidinc, inspector PROPERTY INFORMATION Existing use of property:GARAGE ''V" Intended use of property: Zone or use district in which premises is situated: Are there any covenants and restrictions with respect to Cq this property? ❑Yes ®No IF YES, PROVIDE A COPY. 8. heek Box Aer.Reading .The owner/contractor/design professional is responsible,.for--all drainage and sform'water issues as provided 6y- Maoter 236 ofthe Town Code. APPLICATION'IS.HEREBY_MADE to the Building Department for the-issuance of a Building:Permit pursuant to the.Building Zone Ordinance of the Town of Southold,Suffolk,County,New York and other applicable Laws,,Ordieances or Regulations,for the,constru' iomof buildings, , additions.'alterations 6r46r.removal or demofitiori as herein described.The applicant'agrees to;comply with ail•applicable,laws,ordinances,bwlding_code,, fi -using code and regulations an&to.adinit:autho""riled inspectors oh p�emises:and in tiuilding(SI?for nocessary inspectionsc False"stafements_madeherein are punishable as a ClassAmisdemeanor pursuant to Section 216.45 of the New York state.Penal'Law: Olt Application Submitted By(print.name)-�FATRICIA C. MOORE BAutft g4 qtt ❑O ner � - - �.� _ _ . o te: �J l�N�b X23 Signature of Applicant:;�.f f ...-- STATE OF NEW YORK) Zoning Board of Appeals SS: COUNTY OF SUFFOLK ) PATRICIA C. MOORE being duly sworn, deposes and says that(s)he is the applicant (Name of individual signing contract) above named, (S)he is the ATTO RN EY/AGENT (Contractor,Agent, Corporate Officer, etc.) of said owner or owners,and is duly authorized to perform or have performed the said work and to make and file this application;that all statements contained in this application are true to the best of his/her knowledge and belief; and that the work will be performed in the manner set forth in the application file therewith. Sworn before me this � NOVEMBER day of �r� 22 ,20 t � aW f otary P li PERKINS PROPERTY OWNER AUTHORI ubIle,State of New York (Where the applicant is not the owner) No.OIPE6130636 Qualified In Suffolk Coun Commission Expires July 18. S l� ALLAN SCHWARTZMAN residing at 1165 WEST ROAD CUTCHOUGE do hereby authorize PATRICIA C. MOORE to apply on my behalf to the Town of Southold Building Department for approval as described herein. /••-iia -t�j r•1"` ('. ,���/1��---� /I Owner's Signature Date ALLAN SCHWARTZMAN Print Owner's Name 2 �o�sUEFUI,� Town of Southold 6/30/2020 y P.O.Box 1179 o - �D 53095 Main Rd Southold,New York 11971 �� I RECEIVE CERTIFICATE OF OCCUPANCY JUN 0 5 2023 No: 41222 Date: b/30/2020 oar Of Appeals THIS CERTIFIES that the building IN GROUND POOL Location of Property: 1165 West Rd, Cutchogue SCTM#: 473889 Sec/Block/Lot: 110.-7-2 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit'heretofore filed in this office dated 2/2/2018 pursuant to which Building Permit No. 42386 dated 2/15/2018 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is: accessory in-around swimming pool fenced to code as applied for. The certificate is issued to Schwartzman,Allan of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. 42386 6/11/2020 PLUMBERS CERTIFICATION DATED u ho ' e Signature ��o�gufrFoLlre, Town of Southold 6/23/2016 P.O.Box 1179 bi 0 C, 53095 Main Rd Southold,New York 11971 RECEIVED CERTIFICATE OF OCCUPAN Y JUN 05 2023 Zoning Board of Appeals No: 38358 D THIS CERTIFIES that the building ADDITION/ALTERATION Location of Property: 1165 West Rd.,Cutchogue SCTM#: 473889 Sec/Block/Lot: 110.-7-2 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 6/1/2016 pursuant to which Building Permit No. 40737 dated 6/1/2016 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: ADDITION AND ALTERATIONS TO AN EXISTING ONE FAMILY DWELLING AS APPLIED FOR The certificate is issued to Rynd Jr,Donald of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. 837427/837604 10-13-1987& 10-14 PLUMBERS CERTIFICATION DATED 06-03-2016 Pace Analytical Autho ' ed Signatu e of F94 O CGy Town of Southold 6/30/2020 P.O.Box 1179 o _ S 53095 Main Rd ��I Southold,New York 11971 1 � RECEIVED JUN 0 5 2023 CERTIFICATE OF OCCUPANC Zoning Board of appeals No: 41223 Date: THIS CERTIFIES that the building POOL HOUSE Location of Property: 1165 West Rd, Cutchogue SCTM#: 473889 Sec/Block/Lot: 110.-7-2 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 3/22/2019 pursuant to which Building Permit No. 43673 dated 4/25/2019 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: non-habitable and non-sleeping accessory_pool house with trellis covered maspM patio as applied for. The certificate is issued to Schwartzman,Allan of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. 43673 2/7/2020 PLUMBERS CERTIFICATION DATED r,4410 -rSignature fWir pGr Town of Southold 1/29/2020 P.O.Box 1179 y T 53095 Main Rd oy o�� Southold,New Fork 11971 ?!p� ,fay RECEIVED CERTIFICATE OF OCCUPANCY JUN 0 5 2023 Zoning Board of Appeals No: 41028 Date: 1/29 THIS CERTIFIES that the building ADDITION/ALTERATION Location of Property: 1165 West Rd, Cutchogue SCTM#: 473889 Sec/BlocklLot: 110.-7-2 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated pursuant to which Building Permit No. 44615 dated 1/22/2020 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 and additions, including covered front porch and two rear screened porches, to an existing one family dwellingas applied for. The certificate is issued to Schwartzman,Allan of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. 44614 1/24/2020 PLUMBERS CERTIFICATION DATED 1/24/2020 CBrad&iecuch Aut e S ature 1 411 Town Town of Southold 3/5/2022 a y� P.O.Box 1179 0 co53095 Main Rd ^�1`� W�'yfj�l �ao� Southold,New York 11971 / ` i" *JL RECEIVED CERTIFICATE OF,OCCUPANCY JUN 0 5 2023 No: 42881 Date: Zo�pRrd of Appeals THIS CERTIFIES that the building , ELECTRICAL Location of Property: 1165 West Rd.,Cutchogue SCTM#: 473889 Sec/Block/Lot: 110.-7-2 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 12/3/2020 pursuant to which Building Permit No. 45532 dated 12/3/2020 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: 200 amp electric service for dwelling. The certificate its issued to Schwartzman,Allan of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. 45532 1/20/2022 PLUMBERS CERTIFICATION DATED 51 Authorized ignature OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE V`vI K� N SOUTHOLD NY RECEIVED BUILDING PERMIT JUN 0 5 2023 (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATI ming Board of Appeals UNTIL FULL COMPLETION OF THE WORK AUTHORIZE Permit#: 47466 Date: 2/18/2022 Permission is hereby granted to: Schwartzman, Allan 1165 West Rd Cutchogue, NY 11935 To: legalize (2) "as built" generators as applied for. Two CO's are required. At premises located at: 1165 West Rd., Cutchogue SC T M # 473889 Sec/Block/Lot# 110.-7-2 Pursuant to application dated 1/26/2022 and approved by the Building Inspector. To expire on 8120/2023. Fees: AS BUILT-ACCESSORY $200.00 CERTIFICATE OF OCCUPANCY $50.00 CERTIFICATE OF OCCUPANCY $50.00 ELECTRIC $170.00 ELECTRIC $170.00 AS BUILT-ACCESSORY $200.00 4 NUO Bui ing Inspector [ZoninjgUBoard ECEIVED Authorized signature and Date AGRICULTURAL DATA STATEMENTN 05 2023 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD of Appeals WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval, use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: AlLyl Schu,)GV-+ZMCLn 2. Address of Applicant:iM w eSt lZoad l w'KhQ9%�ef W`1 I iQ S5 Name of Land Owner (if other than Applicant): same 3. Address of Land Owner: 50yn e- 4. 4. Description of Proposed Project: "As built" alterations to existing_garage 5. Location of Property: (road and Tax map number)1 OCp-110- 7-2- 6. Z6. Is the parcel within 500 feet of a farm operation? { } Yes {X} No 7. Is this parcel actively farmed? { } Yes {X} No 8. Name and addresses of any owner(s) of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937) or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. 2. (Please use hbac�of t is page if there are additional property owners) Signature of Applicant Date Note: 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review 617.20 Appendix €ZECEIVED Short Environmental Assessment Form JUN 0 5 .2023 Instructions for Completing Zoning Board of Appeals Part 1-Project Information. The applicant or project sponsor is responsible for the coi- _ 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 A Name of Action or Project: Project Location(describe,and attach a location map): Me&f mac/ Cu"vc u-p_ Brief Description of Proposed Action: 6000 - /'/ 0 - 7 - a �r4d �� u'��7�i '�Z��C-e x �cvq�crr) S 'Wire oa4a_70 '7 Name of Applicant or Sponsor: Telephone: ' 01-7(4J-- Y3J d Cam Sch Wali�Z Harz E-Mail: 0(Il'� e—/-W l-e J Address: /Nor `or wk)PZ0 e City/PO: Stat: zip Codw; v-e /\�// G1 j 3 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: 3.a.Total acreage of the site of the proposed action? acres b.Total acreage to be physically disturbed? acres /10&j W) c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial V4esidential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑Parkland Page 1 of 4 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? b.Consistent with the adopted comprehensive plan? 6. Is the proposed action consistent with the predominant character of the ex' tural NO YES landscape? REC_VEp '( 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: JUN ® 5 2023 8. a.Will the proposed action result in a substantial increase in traffic above prguntrNvBb3rd of Appeals NO YES b.Are public transportation service(s)available at or near the site of the proposed action? c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: x 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: 56("1 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? 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: ldl iS �U� 14. fntify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional Wetland ❑Urban ❑ Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? 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 I YES If Yes, a.Will storm water discharges flow to adjacent properties? N/NO❑YES �( b.Will storm water discharges be directed to established conveyance systems(run96 and storm drains)? If Yes,briefly describe: QfNO❑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: 4&1 VLA Y/ 19.Has the site of the proposed action or an adjoining property been the local on of an d NO YES solid waste management facility? If Yes,describe: JUN 05 2023 rV Zening Beam Of Appeals 20.Has the site of the proposed action or an adjoining property been the subj NO YES completed)for hazardous waste? If Yes,describe: i I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name /-,V� 0 Date: Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? . 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 I No,or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential fors rt-term, on -term an cumulative impacts. RE EIVED JUN 0 5 2023 Zoning Board of Appeals ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 Board of Zoning Appeals Application RECEIVED AUTHORIZATION (Where the Applicant is not the Owner) JUN 27 2023 Zoning Board of Appeals I,Allan Schwartzman,owner of premises 1165 West Road,Cutchogue,(sctm: hereby authorize our attorney,Patricia C.Moore,to apply for permit(s)and appear before the Southold Zoning Board of Appeals on our behalf. n chwartzman Sworn to before me this day of&A z- 77`—�2023 Notary Public LENORE A.MARKS Notari Pubk State of New Yak No.01MAD006257 OuaKed In New York County Commission Expires April 25,2027 DECEIVE® JUN 05 2023 AGENT/REPRESENTATIVE Zoning Board of Appeals TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and.allow it to take whatever action is necessary to avoid same. YOUR NAME :. P64r1qq if coo/,-P- (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 apply) Tag grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in whic;,liflhe town officer or employee owns more than 5% of the shares.YES NO If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this 3,/ Alay•of / 124-S Signature APPLICANT/OWNER RECEIVED TRANSACTIONAL DISCLOSURE FORM JUN 0� 2023 The Town of Southold's Code of Ethics prohibits conflicts of interest on the art of town office and employees. he purpose of this form is to provide information which can alert the town of possible conflicts of interest qnd allow it to take whatever action is necessary to avoid same. Zoning Board of Appe8ls YOUR NAME : Schwartzman.Allan (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 apply) Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5% of the shares. YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this d'ay of 2023_ Signature Print Name 7wa, v� Town of Southold RECEIVED LWRP CONSISTENCY ASSESSMENT FO JUN 0 5 2023 A. INSTRUCTIONS Z n g Board of Appeals 1. All applicants for permits* including Town of Southold agencie , s�ia ' co for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION evo Cc /I SCTM# !`� - - 1n/ei l�%►'f�"{','�7� �- The Application has been submitted to(check appropriate response): Town Board [11 Planning Dept. 0 Building Dept. El Board of Trustees 0 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital 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: r 94?'u Location of action: �� s d 0 Iv-7 Site acreage: (o C S� E® Present land use: QlQ . Present zoning classification: le—" f Appeals 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: (b) Mailing address: 116 ^ d �ifiSC (c) Telephone number:Area Code (d) Application number,if any: Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes ❑ No K 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. Q Yes ❑ No ❑ Not Applicable XI Y44 r) rs Ya _ gS S n° ' o� /O live ' •C1 ✓ s c' r cc P Le 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 LA Yes ❑ No ❑ Not Applicable 12 �u Attach additional sheets if necessary RECEIVED Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. Se LWRP Section III—Policies Pages 6 through 7 for evaluation criteria JUN 0 5 2023 Yes 0 No Not Applicable Zoning Board of Appeals Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria E YesEd No tR Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria 0 Yes 0 No Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. 0 Yes 0 No ;Not Applicable ' 1 Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. SeeISI P ' -es Pages 32 through 34 for evaluation criteria. RECEIVED ❑ Yes E] No 9 Not Applicable JUN 0 5 2023 Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑Yes ❑ No VS Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. ❑ YeEEI NogNot Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No gNot Applicable RECEIVED JUN 05 ZUZ3 Attach additional sheets if necessary Zoning Board of Appeals Policy 11. Promote sustainable use of living marine resources in Lon und, nic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No 00 Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III—Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No"W" Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ©Yes ❑ No ' Not Applicable Created on 512510511:20 AM / � -moi+. a � 1:' !�l.s �' r '• . 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Interior Finish L.R. Fire Place D.R. • rExt. Walls BR. ■ Dormer Baths - •- ' i Ia1�� wo-MO . ■ • • r�. • . ,.y. . 0. ' t Ilk • I■Ii�i�11�fA�!�il�■. IMMEMMMIMIMENSMEN ONE iii�■oii�eiii■■■■■■■■■■ 1N■■■ ■N■■■■■■■■\■■■ ' ■■■■■■■■■■■■■■N■■■ : .. .. . , R ,� _ „ Patio Rooms 2nd Floor -,71 TOWN OF iii<O � VP';�'RTY RECO //'Ili '7 r OWNERAtit, STREET VILLAGE DIST, OT Wkv df,2cel FORMER OWNEFrN 0/ E ACREAGE 4e in v R 1 ecl R", ff w— TYPE OF BUILDING alf I /A/ $ ILE 0 A) C a rZt: C E. \JtA< RES. VL. FARM COMM. I IND. CB. misc. -�'LAND IMP. TOTAL DATE REMARKS p r�6j� to- E*4, 41 1Z 0 0 _ d0 --------------- DO Na L yto AVAq le, FIS-f i� 'n -512 d- c;1 < AGE 1`0 BUILDING CONDITION 41W "MALI/F 0(�ILOVI MALI/Sp /?ABOVE CD f wfmf" reVal e y—k �,t 7190010 -d'13 oa— AO- 0AL-)7 Tillable 2 (b[ 4o Tillable 3 L 1Z-479%p9" -QnHcdA 16�wd -"-Q4 -6, deL,4 Wcodland kw ,jei 4r, JLf Swampland ac 0 Brushlo House Plot 6. - / Totalla. 4j 41(a/5-— ;CTM # TOWN OF SOUTHOLD PROPERTY RECORD CA )WNER STREET VILLAGE DIST. SUB. LOT IACR. REMARKS _ TYPE OF BLD. BW PROP. CLASS ®v LAND IMP. TOTAL DATE h 1 2, � c � a r� I � FRONTAGE ON WATER HOUSE/LOT BULKHEAD TOTAL y ZBA CHECK FEES - 2023 Funding Account - B2110.10 DATE NAME ZBA FILE# FEE CHECK# DATE SENT TO TCO 6/5/2023 Schwartzman,Allan 7816 $1,500.00 1927 6/9/2023 6/7/2023 Murtha,Gerard 7817 $750.00 394 6/9/2023 6/8/2023 Berry P 2021 QPRT 7818 $750.00 7215 6/9/2023 $3,000.00 RECEIVED JUN 12 2023 Southold Town Clerk h wn of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 06/12/23 Receipt#: 311625 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7816 $1,500.00 1 ZBA Application Fees 7817 $750.00 1 ZBA Application Fees 7818 $750.00 Total Paid: $3,000.00 Notes: I Payment Type Amount Paid By CK#7215 $750.00 Grant, Paula J. & David S. ll Berry CK#394 $750.00 Murtha, Gerard M. & Robin A. CK#1927 $1,500.00 Schwartzman, Allan Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Grant, Paula J. & David S. Berry 2840 Stars Rd East Marion, NY 11939 Clerk ID: JENNIFER Internal ID:7818 �oStlFFOL,f�, Town of Southold `—l' G' 7125/202SECEM 53095 Main Rd �Q H z Southold,New York 11971 ►���►'� 1 SEP 7 2023 -70NTfi1G BOARD OFAppEgLs PRE EXISTING CERTIFICATE OF OCCUPANCY No: 43237 Date: 7/9/2022 THIS CERTIFIES that the structure(s)located at: 1165 West Rd,Cutchogue SCTM#: 473889 Sec/Block/Lot: 110.-7-2 Subdivision: Filed Map No. Lot No. conforms substantially to the requirements for a built prior to APRIL 9, 1957 pursuant to which CERTIFICATE OF OCCUPANCY NUMBER Z- 43237 dated 7/9/2022 was issued and conforms fo all the requriements of the applicable provisions of the law. The occupancy for which this certificate is issued is: wood frame accessory garage with sleeping room,bathroom and two conditioned spaces.* VIOLATION of Southold Town Code,Chapter 144-8: Zoning Board of Appeals Suffolk County Health Dept and Building Permit required for"as built"alterations to this accessory garage including HVAC one bedroom one bathroom,common space on the first floor and common space on the second floor. This Pre-Existing Certificate of Occupancy replaces the garage only on Pre CO Z-14120 issued 12/26/1985 The certificate is issued to Schwartzman,Allan (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. PLUMBERS CERTIFICATION DATED *PLEASE SEE ATTACHED INSPECTION REPORT. u OrIzEsignature BUILDING DEPARTMENT TOWN OF SOUTHOLD Q r�lJ HOUSING CODE INSPECTION REPORT LOCATION: 1165 West Rd,Cutchogue SUFF.CO.TAX MAP NO.: 110.-7-2 SUBDIVISION: NAME OF OWNER(S): Schwartzman,Allan OCCUPANCY: ADMITTED BY: Patricia Moore,,Att. > SOURCE OF REQUEST: Schwartzman,Allan DATE: 7/9/2022 #STORIES: 2 #EXITS: I FOUNDATION: slab CELLAR: CRAWL SPACE: BATHROOM(S): TOILET ROOM(S): UTILITY ROOM(S): PORCH TYPE: DECK TYPE: PATIO TYPE: BREEZEWAY: FIREPLACE: GARAGE: DOMESTIC HOTWATER: yes TYPE HEATER: electric AIR CONDITIONING: TYPE HEAT: none WARM AIR: HOT WATER: #BEDROOMS: L #KITCHENS: none BASEMENT TYPE: OTHER: ACCESSORY STRUCTURES: GARAGE,TYPE OF CONST: accessory STORAGE,TYPE OF CONST: SWIMMING POOL: GUEST,TYPE OF CONST: OTHER: VIOLATIONS: VIOLATION of Southold Town Code,Chapter 144-8:Zoning Board of Appeals,Suffolk County Health Dept.and Building Permit required for"as built"alterations to this accessory garage,including HVAC,one bedroom,one bathroom,one common space on the first floor and one common space on the second floor. REMARKS: INSPECTED BY: JOHNJ DATE OF INSPECTION: 7/21/2021 TIME START: 10:45am END: 11:15am o��0FS0UTyo V� # TOWN OF SOUTHOLD BUILDING DEPT. cou631-765■1802 INSPECTION [ ] FOUNDATION IST [ ] ROUGH PLBG. [ ] FOUNDATION 2ND [ j INSULATIOWCAULKING [ ] FRAMING /STRAPPING [ ] -FINAL [ ] FIREPLACE & CHIMNEY [ ] FIRE SAFETY INSPECTION [ ] FIRE RESISTANT CONSTRUCTION [ ] FIRE RESISTANT PENETRATION [ ] ELECTRICAL (ROUGH) [ ] LECTRICAL (FINAL) [ ] CODE VIOLATION [ PRE C/O [ ] RENTAL REMARKS: pn1 C se go� .. L' DATE `L?O INSPECTOR TOWN OF SOUTHOLD—BUILDING DEPARTMENT Town Hall Annex 54375 Main Road P.O.Box 1179 Southold,NY 11971-0959 nay Telephone(631)765-1802 Fax(631)765-9502 haps://ww v.soiitholdtbwffny.gov APPLICATION FOR PRE=EXISTING CERTIFIfATE OF OCCUPANCY OWNER(S)OF PROPERTY: Name: • 1��l�7 ��::�vl/�ti,.��'Z�?'Jtej-L - - Date: �•/ Physical Address: -' ' r l� J �'�["J� !rZ[.i�c�1, ��G��'t�l U���l-•� SCTM#1000- -7— Phone#: C3,5c) Email. (/r e; el ,rC��Wasrfz!'1?lt/I! Mailing Address: CONTACT PERSON: Name: Awt 1 r10e)1)C- - MailingAddress: ,� -; ll 1Cjli� �C?(ifr/`7/l�G� /1-k/ Phone#: ,�j/- 7r�s:. (.f.3 -tee--) Email: To apply for a Pre C.O.for an existing building(prior to April 9,1957)provide the following: 't� ;� • Accurate Survey JUN 9 1 2029 a Floor Plan 0 $100 Fee CONSENT TO-INSPECTION That the undersigned does hereby give consent to the Building Inspector of the Town of Southold to enter upon the above described property,including any and all buildings located thereon,to conduct such inspections as they may deem necessary with respect to the aforesaid application,including inspections to determine that said premises comply with all of the laws,ordinances,rules and regulations of the Town of Southold. � Zo Owner's Signature Date PROPERTY OWNER AUTHORIZATION (Where the applicant is not the owner) I, L1427 �Cj-&A-lapl?-41 C i!-.. residing at the above address,do hereby authorize G 17�"/'ri`ri /c - to apply on my behalf to the Town of Southold Building Department for approval as descri d h rein. 2'j 2421 7 Owner's Signature Date TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR, TOWN BALL SOUTHOLD, NEW YORK 'CERTIFICATE OF OCCUPANCY NONCONFORMING PREMISES THIS IS TO CERTIFY that the Land Pre C.0. #- Building(s) Date- _ / / Use(s) located at W ST C H ail >ft- -t., �. Street Hamlet shown on County tax map as District 1000, Section Ito '. Block 0 Lot ©©'L, does(not3conform to the present Building Zone Code of the Town of Southold for the following reasons: 1 t-= Ls l Zc iS 1,C-55 71�IA-a � -�u �� �0 a o v Sc� Vic- d �,�.azcr-,'� 15 1o_f-IL�C�S LI`_'12.L� 15,J On the basis of information presented to the Building Inspector's Office, �fJ/co it has been determined that the above nonconforming Land gftuilding(s) /_/Use(s) e)cisted on the effective date the present Building Zone Code of the Town of Southold, and may be continued pursuant to and subject to the appli- cable provisions of said Code. IT IS FURTHER CERTIFIED that, based upon information presented to the Building Inspector's Office, the occupancy and use for which*this Certifi- cate is issued is as follows: lu�-� The Certificate is issued to �-� t✓�a ,y�� `C�I� (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval UNDERWRITERS CERTIFICATE NO. i`(p X 7? , NOTICE IS HEREBY GIVEN.that the owner of the above premises HAS NOT CONSENTED TO AN INSPECTION of the premises by the Building Inspec- tor to determine if the premises comply with all applicable codes and ordin- ances, other than the Building Zone Code, and therefore, no such inspection has been conducted. This Certificate, therefore, does not, and ' of intended to certify that the premises comply with all other applic 1 cod and regula- tions. Building Inspector �+� r fI .r�rre• 1r•, j. .01 VAR x f r� CAP y �t.'`;•...y`_ i � ar !1. 41`. 1 fir- �� -�.�,_ ��.��.,� ��`r. - _. .._,-...�6 ._ ` ``-+-.�._... �a ^ jw tea. � State of New York Affidavit )ss: County of Suffolk) Mary Lou Folts, being duly sworn, deposes and says: 1. 1 am an attorney with offices at 28785 Main Road, Cutchogue NY 11935 qualified to practice law in the State of New York,and I reside at 675 West Road, Cutchogue, NY 2. 1 was a very close friend of Helen Rynd the prior owner of 1165 West Road, Cutchogue, NY 11935, as well as her and her husband's attorney from 1994 until their respective deaths. 3. 1 live a few houses away from 1165 West Road,Cutchogue and I was so close to Helen Rynd that she trusted me to be her emergency health care contact. 4. Helen Rynd's parents were John and Sue Nagle who purchased the house in the 1930's. 5. Helen Rynd and her husband, Don,were also very close friends with my husband Charles Brautigam and his family. They socialized regularly and we continued to socialize with Helen and Don Rynd after I married into the Brautigam family on West Road in 1994. 6. My husband and his family became summer residents of 675 West Road, Cutchogue in 1928 until we married and it became our permanent residence in 1994. 7. 1 can corroborate the statement by Donald B. Rynd,Jr.that in fact there were upstairs living quarters in the existing garage at 3.165 West Road, Cutchogue. 8. Helen Rynd and I spoke often, and she spoke to me about the time that while the main house was being renovated in 3.987 she and her husband lived on the second floor of the existing garage living quarters. She explained how these living quarters had already been there during her parents'ownership of the premises so it was convenient for.her and her husband to move into these garage living quarters during their house renovation. Mary L Fol s Sworn to before me this 21St day of May, 2021 Notary Public BARBARA DIACHUN Notary Public,State of New York No 01 D14635190-Suffolk County Commission Expires Oct.31,20901 Affidavit State of New York, County of Nassau My legal name is Donald B. Rynd Jr. and.I am an attorney qualified to practice law in the State of New York. I am 74 years old and my address is 6 Mill River Road, East Norwich, New York 11732. 1. The premises located at 1165 West Road, Cutchogue New York, 11935,formerly known by us as Anglewood,was purchased by my grandfather,John R. Nagle,from the Holden family, immediately subsequent to the hurricane of 1938. 2. At that time, and through John R. Nagle's death in 1954 and his wife, Sue G. Nagle's death in 1959,John R. Nagle and his family occupied their principal residence at 110 Continental Avenue in Forest Hills, New York and used Anglewood as a summer home. .3. For the first several seasons of their summer occupancies Mr. and Mrs. Nagle and their .family brought a couple with them, Edward and.Georgia. Edward served as the chauffer and gardener, and Georgia served as the cook and housekeeper. 4. Edward and Georgia lived in the upstairs area of the garage at Anglewood which consisted of a bedroom and large open area. There was a full bathroom (toilet,sin_k and tub) but no kitchen or-cooking in the building. 5. At the time of my birth in 1946 Edward and Georgia were'no longer in my grandparent's employ but the second-floor garage area remained as it had been when they were living there. 6. Although I had not yet been borri when Edward and Georgia were at Anglewood, I clearly remember both my grandparents and my parents speaking about Edward and Georgia and mentioning that.their occupancy was the reason for the bedroom and bathroom in the garage. 7. 1 had been going to Anglewood from my first year, until 2015. [ have clear recollections of both my grandparents from about age 5 or 6 (195171952)on and the general activities occurring on the property itself. At no time during that•period was the bedroom and bathroom removed,and there was no change made to the living area of the garage prior to the sale to the current owner. Page 1 I hereby state that the information above is true to the best of my knowledge and recollection. I also confirm that the information-herein given is both accurate and complete to the best of :my ability and relevant information has not been intentionally omitted. l(� Donald B. Rynd Jr c� Date As- Notarial Attestation State of_New York ss.:County of tJ a,":On the day of ftt2 - in the year 2021_ before me,the undersigned notary public, personally appeared Donald B.Ryncffr.,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the above instrument and acknowledged to me that he executed the same in his capacity and that by his signature the individual ecuted the instrument. ANSHU JAIN Notary Public-State of New York Np,01JA6395832 Notary Public Qualified in Nassau county 2023 My Commission Expires Aug 5,' Page 2 PATRICIA C. MOORE Attorney at Law j 51020 Main Road. Southold,New York 11971 Tel: (631)765-4330 Fax: (631)765-4643 Betsy Perkins Paralegal Julia Spanburgh Julia Schade June 11,2021 Michael Verity, Senior Building Inspector Southold Town Building Department Town Hall Annex 54375 Main Road Southold,NY 11971 Re: 1165 West Road, Cutchogue SCTM# 1000-110-7-2 Dear Mike: I represent Allan Schwartzman who purchased 1165 West Road in 2016. The property included the house and accessory garage.Based on previous affidavits in the file,the house was constructed in 1904. The garage is two stories and located in the front yard. The Town issued a pre-CO in 1985 for the house and accessory garage.The pre-CO focused on the house being a one family dwelling,but the pre-CO did not include the existing living quarters on the second floor of the accessory garage. The living space in the garage did not include a kitchen,were additional sleeping quarters,with a full bathroom, and has existed since prior to 1957. I have attached to the pre-CO application the following documents: 1.A survey 2. Two affidavits: (A)An affidavit prepared by Mary Lou Folts,local attorney,and neighbor on West Road attesting to the existing living space. (B)An affidavit by Donald B.Rynd Jr.,the grandson of the former owner John R. and Susan G.Nagle. They both attest to the existence of the living space on the second floor of the garage and an inspection of the garage by your department will confirm that the space remains. 3.Floor plans of the existing garage I will schedule an inspection with John. Based on this inspection and the affidavits,the pre-CO should be issued with the living space included. C Thank you. very-tiaZy yo s, Lcia C.Moore Encls. D C iv/ JON 2 12022 TOWNOFIVG SOOTMOCD Sch�a�-�zm�n HUM MAIN XUAD BOUT-HOLD NY 11971 63.11.765.43.30 kv\ PATRICIA C.MOORE(BY Co Znc� f w` 6- Wcom -) � d �-ftie v 6z.U�X v c1 Q) e eover rbo n b KU* t/1CkA/f, C 01A%+ n+- �� �/ /-I k*- Gn Cl 111 i-r c \ C - V • V1 r ' e •f. I z. - •it. �� - 1 � 1 !® ["�DEEDform.doar-... deedtransfer ♦Downloads �T] Downloads Downloads-Googl... ®NormanGreenbau.,, N6(l)Von-age Business PeconicBnyRegion rZ Movies&' 6/15/22,3:14 PM IMG 0427-jpg T'u�D _R-f Fes' .._.;-.�;,j"��:±;< •. ,� - to nd �dvt� 6t� WvrK��o� jl� nn VV1J ID, r r lrar �oo� httpsJ/mall.google.com/maiVu/0/?tab=rm#search/rynd?projector-1 1/2 SURVEY OF PROPERTY �p AT CUTCHOGUE TOWN OF SOUTHOLD r g� SUFFOLK COUNTY, N.Y. 1000-110-07-02 SCALE'11=30, JULY 15,2016 NGl . P, (D� e-4 I 1pzt' a OND � avE o� of �0 5 m 7. n a�4 s ,o s •• CERTIFIED TO PATRICK LOLLY m o • . ,2Sfp�M1�f �1TI7EST HOLE DATA FIDELITY TITLE MSRANCE COMPANY M� �/2OJ yd1 ! MaRK DRDMN LORI/OL ep li p- mm• !y0 BRDMN aanr SAND sc o W� -4- PALE BROMT!FdVE SAND SP - !SC NATER DI PALE BROW FINE SAND Ml e I �g0 !Y NOR'kAIER ENCCWRTBD LSC @I00 SNU'AHS ■-UOYUMENT Teo FLOOD 701E FROM FIRM MAP NUMBER 36103Ca1640i 9V' t"B /M1g0 f wY SIFT'MER 25.YOO9 �,• �t ?p�4• El"ARONS k COMM ARE REFERENCED TO NA.Y.D.88 Lv�/J •,2;�?._" ANY ALRRARO/OR ADDITION TO THIS SURVEY IS A WOLARON V '�' O. 4.9618OF SECRON 7MW TILE NEW NRK STATE EDUCATION LAM: r ( S,Ar - .EM AS Far SECTION 7209�11B0NM90N 2 ALL CERRRCARONS AREA=1.399 ACRES (631) FAX(631)765-1797 HEREON ARE VAUD FDR THIS MAP AND COMES THEREOF ONLY ffP. 8oX 909 SAID NAP OR COPO3 BEAR RIE&PRESSED SEAL OF THE SNRVE7DR or 0,935 S0. FT O. 1230 TRAVELER STREET wlosE 9ONATi1RE APPEARS HEREQY TO TIE LINE souzHotD.ur. r197r F16-639 MAR OF G;f;l'OpEfI-!TY irawr%l OF H'A.L.,�J-Y 49yi WE=;" 12UAL) I I PEQUAIH AVe FVW-L- T, C, -'ALE-=C. 44 uj P, R) ./b5MOM= Ar-14APPU- Sr P-.3-196s, r,-;.)D E R I MAh-,! T!JYL. LJC L ANP 7 :SAI' !.A: :07X; 11:: 2ND FLOOR �b -4 32'b, I J .a!P► ao F3 9"— • r t 1ST FLOOR '30'a".- 44'10.0. °.44'10°► 4'3° 8'4"V to r m �o • N .612 °m • H r Ojmmmm� 3'0"30'8°�5'@"► X2''5°► �g q e, civ ov, LOCATION; I OA if s , (number&street) (munici ality) SUBDIVISION: MAP N-0.: LOT(S):.. NAME OF OWNER(S)': „+ -- O-CCUPANCY: (type) (owner-tenant); QQ ADIVYITT1b BY: 1 �!/ " AGI A:CC01PANYED BY: . KEY AVAILABLE: SM..-*CO.TAX MAP'NO,1000- —y SOURCE OF REQUEST: DATE.- TYPE ATE:TYPE OF CbNSTRUCTI'ONs ;�r � #sT0' ' S: #EXITS:' '! FOUNDATION:,�" ;� VDMENT: v CRAWL SPACE: #OF BEDROOMS: IST FLR: 2ND FLR: _ ' 3RD FLR: BATHR90M(S): TOILETROOM(S): UTILITY ROOM: N© PORCH TYPE:_ D'1JCK,TYPE: PATIO;TYPE: /- BREEZEWAY:' FIREPLACE: QARAGE: I . DOMESTICHOTWATFR; TYP1r-HEATER:Ul_ 1[,�. AIRCONDITIONING: TYPE.HEAT: WARM ATR:_ HOTWATER: #OF KITCHENS,: g/ FINISHED BASEMENTr YES NO � OTHER: Ntl IOYY� ACCESSORYSTRUCTURES Svvv(we_ l) vrlGvrlj,,lovA>-. ' GARAGE;TYPE OF CONST.: STORA- GE,TYPE CONST;.: SWIMMING P'O'OL: ; ` .GUEST,T'S'PE CONST: ' OTHER: VIOLATIONS.. CHAPTER.144&N•Y•STATE:UNIFORM FIRE PRSVENUON&BUILDING CODE LOCATION D-I&SCRIPTIQNn. ART. SEC. onr% , v is - k4rfl bro. h. p ma 0 o vl aur' y� vv vwl V. REMARKS: INSPECTED BY: un � � DATE.OF 1NSP$=ION TUE START:. S END: .r— }a'.gl�yn ti( {\ PTO& U� �r�6 8 f5-d3ae-4581-b1b5-d217d877411e I<imf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times LEGAL NOTICE v SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY,SEPTEMBER 7,2023 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 Yorl(11971-0959,on THURSDAY, SEPTEMBER 7, 2023: The public may ALSO have access to view, listen and make comment during the PUBLIC HEARING as it is happening via ZOOM WEBINAR. Details about how to tune in and make comments during the PUBLIC HEARING are on the Town's website agenda for this meeting which may be viewed at http://southoldtownny.gov/agendacenter. Additionally,there will be a link to the Zoom Webinar meeting at http://southoldtownny.gov/calendar."px. 10:00 A.M.- MIKHAIL AND JENNIFER V. RAKHMANINE,AS TRUSTEES #7814-Request for Variances from Article XXIII,Section 280-124; and the Building Inspector's April 11,2023 Notice of Disapproval based on an application for a permit to demolish (by Southold Town definition)an existing single family dwelling and construct a new two story single family dwelling; at 1) less than the code required minimum side yard setback of 15 feet; 2) less than the code required minimum combined side yard setback of 35 feet; located at 685 Bungalow Lane, (Adj.to Deep Hole Creek) Mattituck, NY.SCTM No. 1000-123-3-9. 10:10 A.M.-CHRIS AND MARISA LAZOS#7809-Request for Variances from Article IV,Section 280-18; Article XXIII,Section 280-124; Article XXXVI,Section 280-207A(1)(b);and the Building Inspector's March 10, 2023 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling; at 1) exceeding the maximum permitted two and one half(21/2)stories; 2) gross floor area exceeding permitted maximum square footage for lot containing up to 20,000 square feet (buildable) in area; 3) more than the code permitted maximum lot coverage of 20%; located at: 1200 Leeton Drive,Southold, NY.SCTM No.59-1-1. 10:20 A.M.-ALLAN SCHWARTZMAN#7816_- Request for a Variance from Article XXIII,Section 280-123 and the Building Inspector's April 10,2023 Notice of Disapproval based on an application for a permit to legalize "as built" alterations to a pre-existing accessory garage containing a sleeping room, bathroom and two conditioned spaces; at 1) a nonconforming building containing a nonconforming use shall not be enlarged, SOUTHOLD TOWN BD OF APPLS 2 e4688af5-d3ae-4581-b1b5-d217d877411e kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION �/�� The Suffolk Times �\ reconstructed,structurally altered or moved, unless such building is changed to a conforming use; located at: 1165 West Road, (Adj.to Cutchogue Harbor) Cutchogue, NY.SCTM No. 1000-110-7-2. 10:30 A.M. -GERALD AND ROBIN MURTHA#7817-Request for a Variance from Article III,Section 280- 15 and the Building Inspector's April 14, 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: 2662 Long Creek Drive,Southold, NY.SCTM No. 1000-56-1-11.17. 10:40 A.M. -BERRY P. 2021 QPRT#7818-Request for a Variance from Article XXII,Section 280-116A(1) and the Building Inspector's April 27, 2023 Notice of Disapproval based on an application for a permit to construct a pergola addition to a single family dwelling; at 1) located less than the code required 100 feet from the top of the bluff; located at 2840 Stars Road, East Marion, NY.SCTM No. 1000-22-3-1. 10:50 A.M. -WINE COUNTRY PROMOTIONS, LLC.#7819-Request for an Interpretation pursuant to Article III,Section 280-13A(1),and the Building Inspector's May 1, 2023 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family at: 1)to determine whether the proposed construction is permitted, and whether the proposed intent as designed,and functionality of the site constitutes a Single Family Dwelling; located at: 63615 County Road 48, (Adj.to Long Island Sound) Greenport,NY.SCTM No. 1000-40-1-20.1. 11:00 A.M. -GREGORY AND KRISTINA COUCH#7820-Request for a Variance from Article XXIII,Section 280-124 and the Building Inspector's May 19, 2023 Notice of Disapproval based on an application for a permit to construct an accessory structure; at 1) less than the code required minimum side yard setback of 20 feet; located at:345 Reeve Avenue, (Adj.to Marratooka Lake) Mattituck, NY.SCTM No. 1000-114-9- 6. 11:10 A.M. -BJB VENTURES, LLC#7821- Request for Variances from Article III,Section 280-15;Article XXIII,Section 280-124; and the Building Inspector's May 22,2023 Notice of Disapproval based on an application for a permit to legalize"as built" additions and alterations to an existing accessory garage, at 1)less than the code required minimum rear yard setback of 5 feet;2)more than the code permitted maximum 1,000 square feet in size;3) more than the code permitted maximum lot coverage of 20%; located at:1235 Factory Avenue, Mattituck, NY.SCTM No.1000-122-2-18. 1:00 P.M.-KATHERINE OLIVER#7822-Request for Variances from Article XXIII,Section 280-124 and the Building Inspector's June 1,2023 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling and to construct an accessory swimming pool, at 1) less than the code required minimum side yard setback of 15 feet;2)swimming pool located in other than the code permitted rear yard located;at: 1255 Bay Shore Road, (Adj. to Shelter Island Sound) Greenport, NY.SCTM No. 1000-53-4-2. 1:10 P.M.—JANET VAN ADELSBERG#7825- Request for a Variance from Article III,Section 280-15 and the Building Inspector's June 13, 2023 Notice of Disapproval based on an application for a permit to construct SOUTHOLD TOWN BD OF APPLS 3 i e4688af5-d3ae-4581-b1b5-d217d87741le kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION �C1��� I The Suffolk Times � an accessory structure;at 1) located in other than the code permitted rear yard; located at:4297 Wells Road, (Adj.to Richmond Creek) Peconic, NY.SCTM No. 1000-86-1-9.5. 1:20 P.M.-TRUSTEES OF THE MORGAN CROKE IRREVOCABLE TRUST/JESSE CROKE, ET AL#7823 Request for a Waiver of Merger petition under Article II,Section 280-10A,to unmerge land identified as SCTM No. 1000-48-1-31 which has merged with SCTM No. 1000-48-1-30, based on the Building Inspector's May 24, 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,820 Wiggins Street, Greenport, NY.SCTM Nos.1000-48-1-30 and 1000-48-1-31. 1:30 P.M.—SARAH REETZ#7824—Request for a Waiver of Merger petition, reversal/relief from ZBA determination#4546,of March 3, 1998, that requires lots to be merged, and permission to construct a single family dwelling;at 1)Waiver of Merger under Article II,Section 280-10A,to unmerge land identified as SCTM No. 1000-49-1-16 which has merged with SCTM No. 1000-49-1-17, based on the Building Inspector's June 16, 2023 Notice of Disapproval; at; 1) 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); 2) prior Zoning Board of Appeals determination#4546,states that subject lot is merged and acts as a single lot and lot area with the adjoining parcel;located at,825 Cove Circle,Greenport„ NY.SCTM Nos.1000-49-1-16 and 1000-49-1-17. 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/weblinl</Browse.aspx?dbid=0. If you have questions, please telephone our office at(631)765-1809,or by email: kimf@southoldtownny.gov, Dated: August 17, 2023 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN,CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) P.O. Box 1179 (Mailing) Southold,NY 11971-0959 SOUTHOLD TOWN BD OF APPLS 4 e4688af5-d3ae-4581-blb5-d217d87741le kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times State of New York, County of,Suffolk, The undersigned is the authorized designee of The Suffolk Times,a Weekly Newspaper published in Suffolk County, New York. I certify that the public notice, a printed copy of which is attached hereto, was printed and published in this newspaper on the following dates: August 31,2023 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 31 day of August 2023 Gary !gnatu OF NEW YORK 1✓OTARY PUBLIC Notary Public Stamp oALBANY (� 01 RE( "443 c 'Asia 11 kk1W%% SOUTHOLD TOWN BD OF APPLS 1 BOARD MEMBERS �FSOU Southold Town Hall. Leslie Kanes Weisman, Chairperson O�� ry0l 53095 Main Road• P.O. Box 1179 Patricia Acampora p Southold,NY 11971-0959 Eric Dantes [ Office Location: Robert Lehnert,Jr. N ac Town Annex/First Floor Nicholas Planamento �Q 54375 Main Road(at Youngs Avenue) 100u (, 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, SEPTEMBER 7, 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, SEPTEMBER 7, 2023: 10:20 A.M. - ALLAN SCHWARTZMAN #7816 - Request for a Variance from Article XXIII, Section 280-123 and the Building Inspector's April 10, 2023 Notice of Disapproval based on an application for a permit to legalize "as built" alterations to a pre-existing accessory garage containing a sleeping room, bathroom and two (2) conditioned spaces; 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; located at: 1165 West Road, (Adj. to Cutchogue Harbor) Cutchogue, NY. SCTM No. 1000-110-7-2. The Board of Appeals will hear all persons or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing 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. Link:http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. If you have questions, please telephone our office at(631) 765-1809,or by email: k/mfCMsoutho/dtownny.gov. Dated: August 17, 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 f 01,4 Town Hall Annex, 54375 NYS Route 25 P.O.Box 1179 Southold, New York 11971 0959 Fax(631) 765-9064 ZONING BOARD OF APPEALS 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. Below, please see instructions required to-prepare for the ZBA public hearing which includes:( PLEASE READ CAREFULLY. _wff 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 displav 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 'USPS Certified Mail; Return. Receini the following documents to all owners of property (tax map with property numbers enclosed) vacant or improved, which abuts and any property which is across from any public or private street. We ask that you send your mailings promptly so that if any piece is undeliverable, you can reach out to your neighbors to request their mailing addresses, and re-mail. Mailing to be done by 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@southoldtowymy.gov or elizabeth.sakarellosgtown.southold.ny.us c. Instructions for Laserfiche/Weblink to view all pending applications. (Enclosed) Link to view pending applications: http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. d. Survey or Site Plan depicting"as-built" and proposed improvements requiring ZBA relief. The Town's Laserfiche/Weblink files provides both location addresses and mailing addresses in their current Assessment Roll listing. (See Link Below). Also,the Town Assessor's Office can be reached at 631-765-1937. Contact us via email or by phone if you need further assistance. TownOfSouthold>Assessors> Assessment Books/Tax Rolls https://southoldtownny.gov/DocumentC enter/View/9694/TentativeRo112023 rIMPORTANT INSTRUCTIONS: RScan and email the USPS mailing receipts, green signature cards and affidavits'toi ikimf(a),southoldtownny.gov, and *,* PROMPTLY USPS MAIL** the ORIGINALS to ;the Town of Southold, ZBA,P.O. Boz 1179, Southold, NY. 11971.- Please 1971.Please note that without your mailing receipts, the ZBA will be prevented from conducting your hearing,pursuant to Chapter SS of the Southold Town Code and New York State Law. Please note that you or your representative are required to attend. If you or your representative are not present, the hearing will be adjourned to the next available hearing date. Please be reminded that New York State Law requires the ZBA to follow the above specific policies. If for any reason, you are unable to prepare for your public hearing as instructed, please let us know. Kim E. Fuentes—Board Assistant Laserfiche Instructions for Zoning pp Board of Appeals Records `��Q9` xarch Q SrOCIAL Govcrnmen SettTices "isititt EIoTv bo I.. +t TOTCW ry13 AML ,Record 'Forma;•= ha' •btt`®•' - �Ma •, - [::Agetitlasfir!t_-`•:TownCode.''="��Oatip Payaicn r,.. i _ sd„ _ iry, :vtu.6i1la' :'.Zleh$nti°Caserfiche.�c'�'.gpmssl.Stepluaiicjns.� + .._ i'< - tSiAn¢p ro.ircdre�% .'Murittts^�' f�.�.._:�.�.�.,..,...._..-__:..niu:Gcaiinns.Cs...=.;.....w,......" - .rat.-':.z.:i.�..::::c._., �..r�,..:..;':_.:3�::::✓::c:z_:.._notinw.�.:.'�.w Above: Homepage, Click on Link"Town Records"Weblink/Laserfiche LaserflcheWebUnk '.ryweotrrt,:-cry;�Sua�'vgncot Home Browse seartn To—OfSouthold TownOKouthold Name Page count Town Clerk a Entry ProperLes Path Tr-t— ...�.,,,,7 Zoning Board rf App=al,(L'eA) Crearlon date .. .... ... _. _ .. .... ... .. .. ... .. 5;_ 41 52..'AM Page 2 of 2 :r t n 1 12 29 Ertties Last modfied Ut:J20T%81XGV A}.t A Metadata %J.q euu m.amsr"d Above: -The second of two.pages you will find"Zoning Board of Appeals(ZBA)"in the list of Town of Southold Departments. Click the Zoning Board of Appeals(ZBA)folder/link. Laserfiche Instructions ZBA Files Page 2 LaSerfiche WebLink tyr: t;nk: a 1 Atau t Sign ouc Home Browse Search fcwnO3oumold>Zoning Board of Appeals(ZBA) Zoning Board ofAppeats Name .__ Pagecaunt ',Temgtitenam'e. ;;,,'r__,,,,.r:-,�.... .._r 0 (ZBA) AlphabetAcia11:1dex ..„.._._.-......._._... _ ._.. BoaedActions .^ EntryProperties n�Laserfw'1e Search Guides Path 1 Mee::ng Schedules Ton1':`�fSo0thcld>LY+:ti:PZ scar of Appeals(ZBA) MinutewAgendas(Legal Noti—Meanngs Creation date Pending �7 Reports , Last modified special Event Pe is 5.212057 1:'07:1.AM Tr—ng Requirements ZBA OfciaiS R Metddala (_12BA Policies N.nie'.XIat3 xwi71Pd ;;,j EA egtions List Code 250-10C 3) Jurisdution 1-ming ZB.A Boakof Mapped 1977 Eldsting Lots 109 acedvre'Resull5 - - mmRaxRMDWvnaaRU5s1 Buik Sthed.- 5 Agreements,Cantrads B Leases Page I of 1 14 Entries Above: Listed are types of records under ZBA Folder. ZBA Decisions can be found under Board Actions. Click on"Board Actions”folder to open. Laserfiche WebLink y'� o fy:v=_SL t F�eq:Pbwt:Sm 0i t Home Browse Search r,_CtSo,,q o;o>Zemng Board of Appeals{ZBA)>Board Actions Board Actions Name Page count 'Template nine - - -' 1957-1979 Entry Properties 1.900-1999 Pam 2000 T1w,1CfS—:1*ld'•Z-nom,q B0-sru �. Alpech(7.£+.i\BL"'JU%e<'JUR•> 2001 Creation date °='20oz 7!10!2CAl 12:21,:55 FM J 2003 Last modified :W 2oC4 3,'2812017 5134077 AAM .1 2005 2 Meladdta ;.12006 i.�metaLata assig,e:'1 200 W 2t:Ga 2009 __....... .____.� .':7,2010 &RrsWh 1aNpaP.mearNs 1 n 2011 •tea 2012 u'.013 s`,,7 2014 205 20f6 i 2017 fu Pending ...._..._.. .. .n.henlN'�n.�cam'Frc.t3hiWP'Ufen�Uses? ...0a,.��..(1 "• •.•-'�_ 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 2017 E"Propinties Path I{69Sr .3 casco Xuom iWi,l arl'uxr:Rlt: 6l IDe9 5E a—d arooni hascmodifietl 7— aid-,x a—Ao is -7 %o Board Xuortf sa b;:019 58 Boutl XLom sa ia Board Xdor�s .. 7 +y Board Xtlom — sa board- -3 a+e -d Board-- C ._j sa ft- ..,d Acdans Above: See listed File Numbers. Click on file you are searching. cashel Above: In addition searching by file no. You can also use the above search tool by typing the name or title of the applicant. Laserfiche WebUnk cas el N1 Home Brovve, Search Custom-search Sort results by: Relevance -Recti-da M—g—ri:Search 7016 F,ld n—- Board Actions-83 bagels] held Ch... Page count:83 Template name:Board Actions Reset sage 3 Colin and Kristen Cashel PROPERTY LOCATION:162 Lov,er Shingle Hill.Fher sage 4 19.2017+7016.Cashel SCTIA No.1000.9-1-26 minimus approval to remo... L3 Page 5 y 19.2017 97018.Cashel SCTM No.I 0069-1-26 GRANT.the variances as... Search:erns ii-e 9 COLIN&KRISTEN CASHEL SECTION 009 BLOC... Pages 20 Thomas Alilgren(Cashel).PO Box 342 Fishers island,NY... show more information 1 7018 Board Actions-56 pagels) Page count:56 Template name:Board Actions Page.13 9:30 A.M.-COLI`!CASHEL AND Vanancu under srUde Id.5—ion ANN nage 48 ance(s)KRISTEN CASHEL#7016-Requesc proposed trellis located in other tha... s Show more information Above:Shows you files that can be found using a phrase, name or title. Or you can search by Tax Map No. (District, Block and Lot) using the format 1000-111.4-1. r' Laserfiche Instructions ZBA Files Page 4 Laserfiche WebLink M.yleou.n -lp About'S` Home Browse Search Tow 0fSeuthold+Zoning Board of Appeals(ZBA) Minutes/AgendasfLegal NoticesMearings Minu[eslAgendas/Legai `lame Pagemunt temp asedsme %.. Notices/Hearings --3 1957-1979 Entry Properties .._ u 1980-1999 .. __.._.______......_...._..._.-_......_ ` 2000.2009 Path 'camOYxuthc!dian;ng Board 201(1 ct Appeals -.1 2011 {ZB.tIW.inut_,rA gandaslxga! in 2012 Creation date M 2013 711 WMI 2:57.40 PM �rn 2014 Last mod-died 2015 12110.'2013 5:14:11V ^2016 R Metadatd 2017 t3o me[adataas:7zned Page 1 of 1 11 Enh .xw.:n ti s:cn...:a...n r r_>x.x-a ra•+sa^:r4.v=_a..¢-u,s....a Above: Also, Minutes,Agendas,and Hearing Transcripts can be viewed. Laserfiche WebLink z MywebUok HdP About Home Browse Search TowoCfSouthoid,Zoning Board of Appeals(ZBA) Minutes/Agendas/Legal Notices/Heanngs>2017 2017 Name Page count Templatename ` _i ZBA-01105/2017 7 Entry Properties ZBA-01,05/2017 Agenda 1 Path G Z3A-01:05'2017 Nearing 40 TOWn0f5outrolmZOning Board Of Appeals a ZBA-01;052017 LN 3 (ZBA)\,Mlnuces1Agendas&'gal ZBA-01/192017 2 No0Ce6Meanng5\2017 v ZBA-01x192017 Agenda - Creation date 1211612016 2:15.1 a PM J ZBA-02/028017 7 Last modified ZBA-02;02/2017 Agenda 4 6/19/201745359 P.M e1 ZBA-02!02.'2017-tearing 45 2 Metdddta y ZB,A-02/OLW7LN 3 ZBA-02116/2017 Agenda 3 No nietadata asslgretl •.ZBA-02!162017 Speoal 3 — -� _adore&Rautts Z&A-03102.'2017 7 -(heelth/Pap-smear:U-22 G ZBA-03/02r2017 Agenda 4 ZBA-0310212017 4eanng 65 Z3A-0310212017 LN 3 ZBA-03;16/2017 Agenda 3 ZBA-03116f20175pecal 3 a ZBA-04/O62017 5 ZBA.04106/2017 Agenda 4 ZBA-04%062017 Hearing 15 Above: Agendas, Minutes and Transcripts are in chronological order. i4uTl �. t 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 link - httpm.//southoldtownny.gov/calendar.aspx AAME SCHWARTZMAN , A. # 7816 SCTM # : 1 000- 1 1 0-7-2 VARIANCE: NON -CONFORMING USE KEQUESTm LEGALIZE "AS BUILT" ALTERATIONS TOA PRE- EXISTING ACCY. GARAGE DATE THURS. , SEPT. 7, 2023 10:20 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 ♦I 1 Augu24, 2023 Leslie Weisman, Chair and Members of the Zoning Board of A eals 78 ho Town Hall Annex RECEIVED 54375 Route 25 Southold, IVY 11971 SEP_;0 6 2023 Zoning Board of Appeals Dear Ms.Weisman, I am very sorry that I.am unable to attend the zoning hearing for the caretakers'space on my property at 1165 West Road, Cutchogue.A previously scheduled trip to Asia, whose dates were firmly set many months ago,prevents me from attending in person. I have owned each of 4 the apartments in which I have lived consecutively during the last forty years. 1165 West Road is the first home I have ever owned (and hopefully my final one). I had not intended to buy a house at the time, but immediately upon first seeing this house and property I fell in love. I recognized the scarcity of historic homes on the water, and I was especially charmed by this unique house—more of an Adirondack style hunting lodge than a typical bayfront home.The house required a lot of love, including extensive structural work(the fagade of the house was completely removed and a structural beam strong was installed the full length of the house!). In addition, a great amount of thought(and cost)went into redesigning the interior to look unified and authentic(two small side wings added in the 1970s were identifiably out of synch with the spirit and character of the original structure). I also added a small section to the street facing fagade of the house to allow for an entryway, and most importantly to me, a fagade that would work cohesively front and back. When I was purchasing the house, I had been informed that there was a caretakers' cottage on the ground floor and upper space of the garage and we could readily see there remnants of a kitchen and bathroom.This was important to me to have private space for a caretaker and housekeeper to use (my housekeeper frequently stays over to take care of the house and my dogs when I am not around).The architect and contractors I had trusted to guide me through the process of restoring and upgrading the home had assured me that obtaining permits for restoring the caretakers'space was a simple process of certain positive outcome. When I later learned this was erroneous, I sought the help of an attorney to rectify this. It is my understanding that the relatively large size of my property permits for a much larger house. During restoration, many neighbors came by to thank me for not tearing down the original home, as had been expected. To me this was never a consideration, 'S l and the additional space of the caretakers'space'was important to maintaining the integrity of the historic home and its scale. I work as an advisor to art collectors and museums in the formation of their collections, and to artists for legacy and foundation planning. My education is in art history, and I had previously worked as a museum curator(I helped start 2 museums over the years) and as a writer on art for a variety of publications, including The New York Times and The New Yorker. My,,appreciation for art and my respect for history and conservation are the reason I chose to restore the house, rather than tear it down and start from scratch. It is my intention and hope that I will increasingly be spending more time in Cutchogue in the coming years, and would like the ability to make such a move practical by offering supporting staff a private and comfortable place to stay, when I need it. Respectfully, Allan Schwartzman Westermann, Donna From: Betsy Perkins <betsy@mooreattys.com> Sent: Wednesday, September 6, 2023 2:09 PM To: Westermann, Donna Subject: Fwd: Fw: Letter from Allan Schwartzman - 1165 West Road, Cutchogue NY-for ZBA meeting Sept 7th, 2023 Attachments: Letter to Present to ZBA 09.07.23-1165 West Road.pdf PLEASE REPLY TO ALLH Betsy Perkins, Paralegal ........................... Mailing & Physical Address: Moore Law Offices 51020 Main Road William D. Moore, Esq. Southold NY 11971 631.765.4663 Fax Number: Patricia C. Moore, Esq. 631.765.4643 631.765.4330 www.mooreattys.com ---------- Forwarded message--------- From:Allan Schwartzman<aIla n@allanschwartzman.com> Date:Wed,Sep 6, 2023 at 2:03 PM Subject: Fw: Letter from Allan Schwartzman-1165 West Road, Cutchogue NY-for ZBA meeting Sept 7th, 2023 To: betsv@mooreattvs.com <Betsy@mooreattys.com> From:Allan Schwartzman Sent:Tuesday,September 5, 2023 1:27 PM To: Donna.Westermann@town.southold.nv.us<Donna.Westermann@town.southold.nv.us>; Elizabeth.Sakarellos@town.southold.ny.us<Elizabeth.Sakarellos@town.southold.ny.us>; kim.fuentes@town.southold.ny.us<kim.fuentes@town.southold.ny.us> Cc: Pat Moore<pcmoore@mooreattys.com> Subject: Letter from Allan Schwartzman-1165 West Road, Cutchogue NY-for ZBA meeting Sept 7th, 2023 Dear Ms.Westermann, Dear Ms. Sakarellos, Dear Ms.Fuentes, I have attached here a letter to be printed and distributed to the Chair and all other members of the Zoning Board of Appeals on my behalf. I would greatly appreciate your assistance in ensuring that a copy of this letter gets presented to each member prior to the upcoming ZBA hearing on Thursday September 7th. Please let me know that you have received this request,and that there are no conflicts.Thank you very much for your help with this. Regards, i ZONING BOARD OF APPEALS - gl TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------x In the Matter of the Application of AFFIDAVIT SCHWARTZMAN OF MAILINGS Appeal # 7816 SCTM Parcel #1000-110.-7-2 -------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, BETSY PERKINS, residing at GREENPORT, New York, being duly sworn,, depose and say that: On the 21 St day of AUGUST, 2023, 1 personally mailed a true copy of the Notice set forth in the Zoning Board of Appeals Application, directed to each of the persons listed on the attached list at the addresses set below their respective names; that the addresses set below the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said notices were mailed at the United States Post Office at Southold, New York, that said Notices were mailed to each of said persons by CERTIFIED MAIL/RETURN RECEIPT. Attached hereto is the white receipt post-marked by the Southol ost Office on said date. 6'( � - �-,6,?" BETSY P INS Sworn to before me this 21St day of August, 2023 !�� U (Notary Pu 'lic KYLEE S DEFRESE NOTARY PUBLIC-STATE OF NEW YORK No.01DE6420156 Qualified in Suffolk County My commission Expires 08-02-2025 RECEIPT RECEIPT r.c�EIPT 4 7000 0000 0000 0012 91 RECEIPT 14 7000 0000 0000 0013 45 4 7000 0000 0000 0013 14 14 7000 0000 0000 0013 07 ROM: ROM: ROM: ROM: ' ore Law Office � ore Law Office 2 :Schwartzman are Law Office ore Law Office :Schwartzman .Schwartzman Schwartzman END TO:,_ ENDTOt ,,... ft 7 3 gjamm Ciarripa"�^ ��, ,�''y<<+er �'� y' taJ� eller v L ''�a th,E°`M4ofe1t✓ S vC�and`Me Cir 'i'' M' t✓ t lavarone r tJ ti. g ,,,g. t •.�,- U 130 W@st•Road'+,,;✓y,y'•M nhasset,NY 11030 b i utton Place :ti s tdtiogue,NY 11935° '" _tcfiogue,NY 11935 .,N41" 4 " nhasse, Y 1 30 AUG 212023 I $��� 2023 i a }d EES: F�� G t,�a ��5� ES: EES: J•s�2 ages 0,�7 EESs+� i°k4f sa e ?`� 0:8 stage rG'fiedFee„„�, 4.35 stagelri�^ �,p Or871 i rtifed Fee 4'35 r4ified,Fee i�4'35 2 tum*12jeceipt� j{�t7� 3.55 rtifled+Fee s pr7�}`4 35 (fin Receipt b .x,3'.55 tur i Receipt 3 55 stricted"'^�. tum Receipt•-.,a,�,..�mp"'®3.55 stricted' <���` stricteb3$jy�L��.T1 ” stricted « CJyse®A _ OTAL $8.77 OTAL $8.77 OTAL $8.77 OTALt4 $8.77 0STMARK OR DATE OSTMARK OR DATE OSTMARK OR DATE OSTMARK OR DATE I RECEIPT RECEIPT 4 7000 0000 0000 0013 38 4 7000 0000 0000 0013 21 ROM: ROM: are Law Office ore Law Office 2 :Schwartzman Schwartzman END TO: END TO: VVV i)we lrrvTnistvvrj �l k�, a J.Mill"e��irg''1, r 0 WesfRoad��"" 130'West�Roads ^ tchogue;aNY 11935 r ° lj� tchogue NY 11935,,,J,;N EEsf UG 2120231 = EES: stages"; 0.87; 'sae ,0 87 rtified•Fee 4.35r•� g ?©� � ' r+.ti r t'1+' rtifed Fee +�J ••4.35 2 tum Receipt•,�q�,•,s�3.55), tufn'Receipt 3.55 strictetl•:zJ(:S,�()�ti�"�%^° st'ricEed'`"`-�_-•' ' i OTAL $8.77 " OTAL., $8.77 OSTMARK OR DATE 30STMARK OR DATE - i o ® • 01 e 0 IV A.'Signature' Agent l �. ,: ,1 M O O R :(M '; �-r'- � Rv ❑Addressee M ) • ; B. Received by(Printed Name) C. Date of Delive�ryjl 1!AArticle Addressee{:#o,,; D. Is delivery address different from item 1? ❑Yes If YES,enter delivery address below: ❑ No 11030 I Ill l l 111 11 11 l l 11 l 11 l��a 11 l 11 l l�l�llli 111 l l .'. �.,ra',��;.,r.•� r, 9290-9000 0000 0000 0013 4f a r e I 2. A E11 Wurr7ffi P_rafifi8URfi9B&9 1_W%1 9 3.,'Service Type ®Certified Mail® Cl Certified Mail® Restrictg0 Delivery PS' Form 3811, Facsimile; Jul ly'20`15Domestic'Retux': r eipt SCHWARTZMAN NEIGHBOR LIST Benjamin Ciampa 43 Claridge Cir Manhasset NY 11030 Sctm: 1000-110.-7-1 Ruth E.Moore P.O.Box 304 Cutchogue NY 11935 Sctm: 1000-110.-5-14 Rita J.Miller 1030 West Road Cutchogue NY 11935 Sctm: 1000-110.-5-15 Rita J.Miller 1030 West Road Cutchogue NY 11935 Sctm: 1000-110.-546 Howe Irry Trust 970 West Road Cutchogue NY 11935 Sctm: 1000-110.-545 Pat Iavarone 6 Sutton Place Manhasset NY 11030 Sctm: 1000-110.-7-3 i'..d'..sy;,-,.ti*sna.,-_ ..;��r frDii"_'_ -i:�..r_r—. _--__. _ _ _•� f i 0 0 R E L A `'<Q.F'F,I C E A:Sig'naiui ' gent { dressee "51020 MAIN'/(20AD SOUTHOLD NY 11971 X . Received by(Printed Name) C. Date of Delivery' 1100 t 1. Article Addressed to: D. Is delivev—'-� i f om item 1? 11 Yes B :N,l-ae"�LN CIAMPA If YES,ete elivery_•,a�l 'e's below: Els ,,,,F„_t+••_ 43 C�RIDGE CIR MANHtA'SET, NY 11030 AU�24?023 PS VIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 9290 9000 0000 0000 0012 95 2. IRJU ra / I E3. service Type ®Certified Mail® ❑Certified Mail® Restricted Delivery PS Form 3811 Facsimile, July 2015 :.Domestic Return Receipts ' • a.;. '''- • ,. . , , 7BRec'eived e . , ❑'Agent'M00RES A W O F F , , S' ❑Addressee SQ H O I `fvC. Date of elive by° r' ted Name) ry I 11. Article Addressed to: D. Is delivery address different from item 1? ❑Yes e;a f YES,,enter delivery address below: 6?0 hIe;v$d IRRV TRIJS, 70 WEST ROAV.' CUTCH4GUE, NY, 11935 �� IIIIIIIIIIIIIIIIIIIIIIIII ®;�iIIIIIIIIIIIIIIIIII 9290 9000 0000 0000 0014 00 I JimM QFa6k$6fl>�rrfl @�C l�l�4 0 6 3. Service Type ®Certified t A yl ``:Oerlified�ael® f�$s�tricted'�el{very' � l ' �stic t ri TR�ceipt '�1`1 `Facsimile, July 201'5'.- MOORE LAW OFFICE A. Signature El Agent ❑Addressee: 51020 MAIN ROAD SOUTHOLD NY 11971 X B. Received by(Printed Name) C. Date of Delivery' � I 1. Article Addressed to: D. Is deliveryaddress diff t fro 1. �es If YES,enter delive d s below. �' No RUTH E. MOORE PO BOX 304 a CUTCHOGUE, NY 11935 I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ,� . �. . � Mf.._ .�. . , , 1 9290 9000 0000 0000 0013 01 2 ASk2Il Wur��raaNfinOfflAi&AMI 3. Service Type ®Certified Mail® ❑CertifigQ,MaiIO" Restricted Del'n/�ry PS Form 3811 Facsimile, July 2015 Domestic Return Receipt A. Signature ❑Agent i MOORE LAW OFFICE ❑Addressee' 51020 MAIN ROAD X SOUTHOLD NY 11971 i B. ReceR.by rName) C. Date of Delivery' i 1. Article Addressed to: D. Is d livery address different from item 1? ❑Yes R I T A J• MILL'ER If YES,enter delivery address below 2-90' j 1030 WEST ',R-OAD CUTCHOGUE, :NY 11935 l l l l l l l l l i l l l l l l l l l l l l l l l l l l l l l l l l l l III III , 9290 9000 0000 0000 0013 87 2. A9ki2( %Nun-S0 pra6W t8)rr(W /RD/)h 3 8 3 3. Service Type ®Certified Mail® ❑Certified Mail® Restricted Delivery 1+. PS 1 ormii381 1 'Facsirinl'ille`, July 2015' 1 i; Domestic Return Receipt ! >v s ori. ;./ d!„ ♦�� � •.+,. K �1�vr�a ,1���:1.�1 ��• �s t . wit tit *set -ym Aw /`' � - X1'4, '�+• ,��L"�e�.,�l�-t'��'�`�'a`��, Y •"f' yel � 't'•, 111 y�+y�T ��; ,1 q � ��`y{,y'� . � `ifs /• �_ syr r t p� a4 e: ol r� T. I I I I � Q I MOORE LAW OFF'IC'E gn ure �\❑Agent ddressee 51020 MAIN ROAD X SOUTHOLD NY 11971 B. Received by(Pr ted Na e) C. Date of Delivery 0 1. Article Addressed to: D. Is delivery ad ss di rent from item 1? [:]Yes 3 If YES,enter delivery address below: Q-pft RITA J • M- i. LER 1030 WEST ROAD a CUTCHOGUL, NY 11935 III 111111 I II I I II I II I II I II I II I Illillll ill l 11 9290 9000 0000 0000 0013 94 2 A9ki2Il ht unt tH Q];- aH)Ebrr[W/gEb/R@/)63 90 3. Service Type ®Certified Mail® ❑Certified Mao® Restricted.all\iery PS Form 3811 Facsimile, July 2015 Domestic Return'Receipt 1 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson O���F SO Southold 53095 Main Road•P.O. Box 1179 l Patricia Acampora ti O Southold,NY 11971-0959 Eric Dantest Office Location: Robert Lehnert, Jr. Town Annex/First Floor Nicholas Planamento �� 54375 Main Road(at Youngs Avenue) IiYIrou Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS June 5, 2023 TOWN OF SOUTHOLD Ms. Sarah Lansdale, Director Tel. (631) 765-1809 Suffolk County Department of Planning �Q I��j'✓ 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 #: 7816 Owner/Applicant: Schwartzman, Allan Action Requested: legalize "as built" alterations to pre-existing accessory garage containing sleeping room, bathroom and two (2) conditioned spaces Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town Within one (1) mile (5,280 feet) of: ( ) Boundary of any airport If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA Chairperson By: Encls. Site Plan/Survey: VBA Architect, dated April 17. 2023 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson ��®F $®U�if+® 53095 Main Road• P.O. Box 1179 Patricia Acampora �® l® Southold,NY 11971-0959 Eric Dantesicrc Office Location: Robert Lehnert, Jr. Town Annex/First Floor Nicholas Planamento �► ® 54375 Main Road(at Youngs Avenue) ® v co Nil, Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 June 5, 2023 RECEIVED Mark Terry, Assistant Town Planning Director JUN 0 5 2023 LWRP Coordinator Planning Board Office Southold Town Town of Southold planning Board Town Hall Annex Southold,NY 11971 Re: ZBA File Ref. No. #7816 —Schwartzman, Allan Dear Mark: We have received an application to legalize "as built" alterations to a pre-existing accessory garage containing sleeping room, bathroom and two (2) conditioned spaces. 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 268-51) is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairperson By: Encl. Site Plan/Survey: VBA Architect, dated April 17. 2023 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson ���F ®��� 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) v..9 �• 'OUNT1 Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 October 10, 2023 Patricia Moore Attorney at Law 51020 Main Road Southold, NY 11971 Re: ZBA—Application#7816 Schwartzman, 1165 West Road, Cutchogue SCTM No. 1000-110-7-2 Dear Mrs. Moore; Enclosed is a copy of the Zoning Board's October 5, 2023 Findings, Deliberations and Determination, the originals of which was filed with the Town Clerk regarding the above Special Exception application. Sincerel , w Kim E. Fuentes Board Assistant - cc: Building Department LII� I� II1vit A --A 0-7 23 -- i ppk� ��_,�_� VINCENT BENIC ARCHITECT PO Boz w Southold NY 11971 I I�r®�® � www.vbarch.com T0WNOFS0IJVA Issued/Revision SURVEY OF PROPERTY AT CUTCHOGUE ��` AREA OF 4/3/23. ZBA SUBMISSION TOWN OF SOUTHOLD G� SUFFOLK COUNTY, N.Y. `l�Ucv�p�t� �� � 1000-110-07-02 SCALE. 1'=30' JULY 15, 2016 pGl o4Ts � V13A to ggplfg� O A Y °p U° a G •• Ll" Z a � � Drawings&specifications as instruments of professionalservice `PVBV p0� •n` W are,and shall remain,the property of VINCENT BENIC RO yb N ARCHITECT. No reproduction,in whole or in part,shall be made ,JAG) /� art\Nz yNt 10• 1� without he written authorization of VINCENT BENIC ARCHITECT. °��p•0) Y ,�ptF� F This document Is� Intended solely for the construction of the G .(At UBJG� project named herein and shall not be used by any other parties PU Vv lP /t� for any other construction without the written consent of 1 i n5 VINCENT BENIC ARCHITECT., 46 7 _ w t`p" Gip Z 'yq \ O fY � re ^" � ♦ i� � u G7 Gr�Z� �� s �A g e'\iP e Off\ z 1< pt�E ie re 0 o 0 0 0 �f• O ,6 P ` X04.•.rte r y o SNE O 'F o � r� -_ r c S AOR. rs kEDA o rs Sd �g In CERTIFIED TO., ` PATRICK KELLY o0 DIANE KELLY ,L TEST HOLE DATAy o 5 pft1�56 Cyd FIDELITY NATIONAL 777LE INSURANCE COMPANY x McDONALD CEOSCIENCE G p �,s 2 Ep N�yi T.0 bsys t, 04/28/20/6 fRif�'b T\ N DARK BROW LOAM OL Se 1-4 p a $ ' 1% 014883 4 BROWN CLAYEY SAND SC O PALE BROWN FINE SAND SP ^ o 2°NE•� 1 o pr +' ..� VBA Proj#: Seal: ' i 378.2 00— WA 7ER IN PALE BROWN FINE SAND SP e , y"\ ��d� Drawn: Y f}0 91� VIM o 17' 1� Checked: P NOTE Wq TER ENCOUNTERED 136'BELOW SURFACE ^ry o VB O ■=MONUMENTD ; ' typ� E(e at) FLOC ZONE FROM FIRM MAP NUMBER 36103C0161H g9r'" !�f�' yU� ��'5 f 9ttFwr Vend Benic,AIA, SEPTEMBER 25,2009 fG >�, 1 r t NYS#014883 ELEVA BONS&CON70URS ARE REFERENCED TO N.A.V.D. 88 � 4y W J n{�t� y ,p Project 1165 West Rd. Residence ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION Pin y Sd O. 49618 OF SECTION 7209OF THE NEW YORK STATE EDUCATION LAW. v'oi PEC S, P.C. Cutchogue, NY 11935 EXCEPT AS PER SECTION 7209—SUBDIVISION 2. ALL CERTIFICATIONS �,d� AREA=1.399 ACRES (631) FAX(631) 765-1797 HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY lF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF OT 60,935 SQ. FT. P.O. BOX 909 Drawing Title WHOSE SIGNATURE APPEARS HEREON. 9 TO TIE LINE SOUTHOLD, N.Y. 11971 16-039 SITE PLAN Drawing Number SP-100 r LIVABLE FLOOR AREA CALCULATIONS SQ.FT. IST FLO SITTING AREA/WET BAR 505 VIA 2ND FLOi BEDROOMS/BATHROOM/SITTING AREA 7491 VINCENT BENIC ARCHITECT PO Boz 92,Southold NY 11971 www.vbarch.com TOTAL 1254 13'-51" 2'-8" Issued/Revision 4/9M. ZBA? MIN01N O ---------- (p (y) U P r, ih 8'-0" MECHANICAL ROOM WET BAR C° N N A 1 Drawings h ll remain,the as Instruments of professional service are,and shall remain,the property of VINCENT BENIC ARCHITECT No reproduction,in whole or in part,shall be made without the written authorization of VINCENT BENIC ARCHITECT This document Is intended solely far the construction of the project name tl herein and shall not be used by anyo er other parties for any other construction without the written consent of 6'-2" 31-01 VINCENT BENIC ARCHITECT BATHROOM LO 0 N JOIST @16 OC M N N GARAGE/STORAGE N CONC. SLAB ON GRADE CV r i SITTINGAREA 00 S'T 014 BB3 �TFOF NE`N�/ N r CV ? VBA Proj#: Seal: Ch 378.2 Drawn: wN Checked: VB _t M S Vend Benic,AIA, NYS#014883 Project 11 X74" 8'-0" 5'-3" 2'-6" 4'-51/" 7'-11" 1165 West Rd. Residence Cutchogue, NY 11935 FIRST FLOOR PLAN Drawing Title s rr FIRST FLOOR PLAN 30'-41/" Drawing Number A-101 LIVABLE FLOOR AREA CALCULATIONS SQ. FT. ISTFLO SITTINGAREA/WET BAR 505 VINCENT BENIC ARCHITECT PO Box 92,Southold NY 11971 /BA www.vbarch.com 2ND FLO BEDROOMS/BATHROOM/SITTING AREA 749 Iss d/Revision TOTAL 1254 4/A'L9'23. Z13ARIN6WWON 7'-0" 3'-3" 9'-01/" 3'-3" Drawings&specifications as Instruments of professional service (�j n are,and shall remain,the property of VINCENT BENIC \\ ARCHITECT No reproduction,In whole or In part,shall be made without the No authorization of VINCENT BENIC ARCHITECT This document is intended solely for the construction of the N project named herein and shall not be used by any other parties O \ for any other construction without the written consent of VINCENT BENIC ARCHITECT ch CV -1 9 ``' BATHROOM C° C° BEDROOM N CV CO r &4 -� DNS kTFC M ; G�gENIC 3'-21/2" 2'-Y1/2„ 1'-8" 2'-0" 2'-9%" C14 Y BEDROOM Q � . Z� C° STATE OF�, t (V SITTING AREA VBA Proj#: Seal: 378.2 Drawn: O WM r Checked: (�J VB r r — CV 1 NYSVend#014883IA, Project 1165 West Rd. Residence Cutchogue, NY 11935 Drawing Title 7'-9" 21-11" 9'-05/s" 2'-11" 2ND FLOOR PLAN SECOND FLOOR PLAN Scale:1/2"=1'-01 Drawing Number A-102 -VBA. VINCENT BENIC ARCHITECT PO Box 92,Southold NY 11971 www.vbarch.com Issued/Revision 4/3/23- ZBA SUBMISSION -' ^ �:;xf f' i' _ .err' '�x'��- " Drawings&specificationsas Instruments of professional service �: - are and shall remain the roe of VINCENT B property N ENIC ,ae .,.�,,,,'.;., ,„ ,,,; ,- .,..,;,,,.^ - ,;z•.tw,-, ;," ,rr-• ;;;- .�,, �.�;a,. ma..aa "-,,R.,,� y,,,, ARCHITECT.IINo reproduction,in whale or to part,shall be made .w.-..: sr aorx•.e �- x • •x m . ,.�*x�' -r:c"h+e v, r.+•�-s.z ..x>.:n c;.r, , "r.m :wi ,w.,:..' c, � without the written authorization of VINCENT BENIC ARCHITECT. This document Is Intended solely for the construction of the project named herein and shall not be used by any other parties for any other construction without the written consent of ':, it VINCENT BENIC ARCHITECT. -77 77 'vy�tMITECT �®O�NIC �¢ Y 'Ti; :�y, .'xi.., ..s.r '.��,1 ::.•$'�, ;A LIJ j xx a. ��, ;` s .i. i k x6 �.� aqz` •l � +t° �� ', � @ w' � d� u�,� I'7 qt- VBA Proj#: Seal: 379.2 °s Drawn: !± WM Checked: VB Vend Benic,AIA, NYS#014883 WEST ELEVATION Protect Scale:1/2"=V-0„ 1165 West Rd. Residence 0 0 1 2 3 4 5F Cutchogue, NY 11935 Drawing Title WEST ELEVATION Drawing Number A-200 VBA. VINCENT BENIC ARCHITECT PO Boz 92,Southold NY 11971 www.vbarch.com Issued/Revision 4/3/23. ZBA SUBMISSION Drawings&specifications as Instruments of professional service r " are,and shall remain,the property of VINCENT BENIC -. 11614-7 ARCHITECT. No reproduction,In whole or in part,shall be made This document is Intended solely for the construction of the _ _ project named herein and shall not be used by any other parties for any other construction without the written consent of VINCENT BENIC ARCHITECT. 4T.--:-,[_w•`se`-%:` `::vT`-r�3--r -,-�«-°?� �_t-c --- —r'F•=' --'a.'-' ,7 —.-.-s- i I• I ,,.. 1, i Ii s i I}_ t I , I � f f r e. LEI IL T. 1 e88 yGd �` t f i i VBA Proj#: Seal: 'I 'I -i I {•..,{ "� 1 i `! ,y E '1 1 9- .i 'j {, ( 378.2 I Drawn: WM Checked: VB Vend Benic,AIA, NYS#014883 NORTH ELEVATION Project Scale:1/2"=1'-0" 1165 West Rd. Residence 0 0 1 2 3 4 5F Cutchogue, NY 11935 Drawing Title NORTH ELEVATION Drawing Number A-201 r ' oil" cq 41 Ir � COUNTY OF SUFFOLK (9) N NOTICE K re�) MSTRICT NO. 1000 SECTION NO. Real Property Tax Service Agency MANTEMCE.ALTERArm SALE OR Y 300 C�,d,,DM.-,iN—h�d.NY 11901 SUFFOLK COUNTY TAX MAP IS PROHEITED A Im:1�� `--