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HomeMy WebLinkAbout7809 Lit 'I ChCjSjD&(fAI -tD eP Sh VII 5 1 In 4e rj1j&Xjm()M POW" 314 lot- C-6 ,z yo scc P[4 3 TO- Owner: Lazos, Christopher File M 7809 Address: 1200 Leeton Dr Code: 17NP Agent Info Anthony Portillo/AMP Architecture �.n P O Box 152 o Mattituck , NY 11952 ` Phone: 516-214-0160 Fax: Email: aportillo@amparchitect.com j J � 2-3 Aj0 f2- i BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson ®��®� SO Southold 53095 Main Road• P.O. Box 1179 Patricia Acampora Southold,NY 11971-0959 Eric Dantes Office Location: Robert Lehnert,Jr. Town Annex/First Floor ® s� 54375 Main Road(at Youngs Avenue) Nicholas Planamento ® Southold,NY 11971 COUNTY, RECEIVED http://southoldtownny.gov ZONING BOARD OF APPEALS OCT 2 3 2023 TOWN OF SOUTHOLD Tel. (631) 765-1809 `rk ®u� ®¢ �'®v�n Clerk FINDINGS,DELIBERATIONS,AND DETERMINATION MEETING OF OCTOBER 19,2023 ZBA FILE: #7809 NAME OF APPLICANT: Chris & Marisa Lazos PROPERTY LOCATION: 1200 Leeton Drive, Southold NY 11971 SCTM: 100-59-1-1 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23,and the Suffolk County Department of Planning issued its reply dated May 9, 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 22, 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 4.1:Minimize losses of human life and structures from flooding and erosion hazards. The Coastal Erosion Hazard Line splits the parcel with a shift landward to account for the no seawall. Part of the single-family residence and deck are located within the Coastal Erosion Hazard Area. A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. The parcel is located in the FEMA Flood Zone VE. This area is highly susceptible to frequent storm surge with wave action. Policy 4.2: Protect and restore natural protective features. Natural protective geologic features provide valuable protection and should be protected, restored and enhanced. Destruction or degradation of these features should be discouraged or prohibited. .In granting this relief, and based upon site inspection by Zoning Board of Appeals observing a substantial , vegetative dune on the subject property which would be adversely impacted by the demolition and excavation that would be required to conform to FEMA and with the conditions imposed in granting relief and the installation of a Page 2,October 19,2023 #7809, Lazos SCTM No. 1000-59-1-1 I/A OWTS Innovative/Alternative Onsite Wastewater Treatment System, the Board finds that the points brought forward by the LWRP coordinator will be mitigated and therefore finds the application LWRP CONSISTENT. PROPERTY FACTS/DESQRIPTION: The subject, non-confonning, 20,850 square feet (16,595 square feet buildable), .48 acre, rectangular-shaped, waterfront parcel measures 100 feet on Leeton Drive, then runs north 207 feet into the Long Island Sound, then runs east 100.05 feet, and returns south, 210 feet back to the roadway. Additionally,the survey illustrates the present edge of water,the delineated high-water mark,the primary dune(top) and the Coastal Erosion Hazard Line bisecting the residence. The`property is improved with a one-story wood-frame residence, raised on pilings with a full finished habitable floor below which also includes a garage, attached wood decking and access stairs, gravel driveways, wood walkways, an outdoor shower and a frame shed as-shown on the survey prepared by Jason D. Leadingham,Licensed Land Surveyor and dated July 1, 2022. BASIS OF APPLICATION: (Adj. from September 7, 2023) 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(2 1/2) 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. RELIEF REQUESTED: The applicant requests variances for alterations and additions to an existing single-family residence where the Gross Floor Area, as proposed at 3,066 square feet, is in excess by 966 square feet, of the 2,100 square feet maximum pennitted by the Code, which includes a proposed a third floor living space where the Code §280-18, Bulk Schedule limits residential structures to two and a half stories--and proposed lot coverage of 37.3% where the Code permits a maximum of 20% lot coverage. As part of the sites build-out the applicant proposes to expand the footprint of the house with a two-story addition on the east side of the structure measuring 7.5 feet by 15.5 feet. ADDITIONAL INFORMATION: Multiple letters, both in support and in opposition of the project, were received prior to the public hearing at which time neighbor's spoke in favor of the application. The applicant provided the Board with the following architectural drawings: • Proposed site plan, second floor demolition plan, proposed floor plans, proposed elevations, labeled SD-1 through SD-7, prepared by Anthony M. Portillo, Registered Architect and dated September 21,2023 • Proposed site plan, second floor demolition plan,west elevation/illustrating roof demolition, proposed floor plans, proposed elevations, labeled SD-1 through SD-6, prepared by Anthony M. Portillo, Registered Architect and dated March 22, 2023 • Sky Plane sections, labeled SKY-1, prepared by Anthony M. Portillo, Registered Architect and dated February 23, 2023. The applicant's property-received prior Zoning Board of Appeals variance relief in decision#2494 in 1978,allowing the residential structure to be moved and relocated closer to the roadway (Leeton Drive) with an insufficient front yard setback. The structure is located 39.7 feet from Leeton Drive. At the time of the relocation the ranch-style residence was placed on a piling foundation that,overtime,was enclosed to establish a finished first floor with living space consisting of a den, a bathroom, storage areas and a garage. Since the relocation, the dune has grown substantially around the west, north and east sides of the residence. Improvements-on the subject parcel are covered by the following Certificate of Occupancy: #z-2597 dated October 28, 1966 covering an addition to a one family dwelling. #z-10232 dated October 31, 1980 covering alteration to a private one family dwelling. #z-35799 dated July 5, 2012 covering reconstruction of an existing deck. ' Page 3, October 19,2023 97809, Lazos SCTM No. 1000-59-1-1 #z-37328 dated December 16, 2014 covering a Pre-Certificate of Occupancy. #z-37996 dated December 28, 2015 covering interior alterations to an existing dwelling. The existing dwelling presently has lot coverage of 35.5% where a maximum of 20% is permitted. The expansion of the residence represents an addition of 115 square feet or 1.9%, establishing the proposed lot coverage of 37.3% where a maximum of 20% is permitted by Code. The expansion.is necessary in order to create a stair well to access the proposed third floor addition which will contain three bedrooms (proposed plan illustrates conversion of a two- bedroom residence to a four-bedroom residence). The applicant's agent has stated the proposed alteration and additions do not constitute a `technical' demolition as the majority of the original structure will remain, with the exception of the roof framing which will be removed to allow for the addition of a second floor. The proposal is not required to and will not comply with FEMA requirements. The applicant proposes the installation of an I/A OWTS Innovative/ Alternative Onsite Wastewater Treatment System. The September 5, 2023 Public Hearing was adjourned to the October 5, 2023 Public Hearing in order to allow the applicant's agent to discuss with their client various alternatives presented by the Board. On September 22,2023 the Board received communication from the applicant's agent containing a cover letter indicating revisions to the plan presented, including the addition of an IA sanitary system and clarification on the removal of a roof overhang that will become a third-floor waterside balcony. At the October 5, 2023 Public Hearing the applicant's agent/architect presented the Board with a presentation of comparative Gross Floor Area and sky plane for houses in the immediate neighborhood, illustrating the proposed GFA and sky plane is in keeping with the scale and community character of the waterfront location. At this meeting, the applicant's agent/attorney also presented to the Board a presentation packet illustrating the history of the property, an analysis of other ZBA relief granted in the immediate area for residential variances, and also a statement responding to the LWRP coordinator declaration of INCONSISTENT. While the case has been made that the site's improvements will mitigate the LWRP coordinator's concerns making the project CONSISTENT, the applicant's attorney incorrectly stated at the public hearing that the proposed addition over an existing dwelling was EXEMPT from Code §111, pertaining to the Coastal Erosion Law. After the hearing and upon further review the attorney confirmed there is NO exemption. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on September 7 and October 5,2023 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law X267-1b(3)(b)(I). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The Kenny's Beach and Leeton Drive area is a beach community consisting of various lot and home sizes developed over the past 75 years. Many of the area houses and the waterfront homes in particular have been updated and expanded. The applicant has illustrated that the proposed Gross Floor Area, as recently included in the Zoning Code of the Town of Southold, while excessive by approximately 966 square feet, is in keeping with the community character and the majority of homes when averaged within 500 feet of the subject parcel. Likewise, the addition of a floor over the existing living space, not deemed a demolition by the Town of Southold Building Department, while `technically, a nonpermitted third floor, functions as a second floor. The original residence was relocated to its present location with a valid building permit in 1979 and while there is finished space at grade(first floor)the alterations and additions do not require the property to meet FEMA standards. If, however, the structure was to be raised to make it FEMA compliant, the same `finished' level would remain, which includes a customary garage. Other homes in the immediate area also include similar floor Page 4, October 19,2023 #7809, Lazos SCTM No. 1000-59-1-1 plans as evidenced by the prior relief granted for residential projects in this area. Finally, the applicant proposes an addition,to accommodate a stairwell,increasing lot coverage by 1.9%,potentially,de minimis in nature. The existing house lot coverage is 35.5%a result of the change in Code between the actual lot size and the buildable area. Without the modest 115 square feet addition the existing residence presently exceeds the allowable limit without impact on the surrounding neighborhood. 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. While the applicant could expand their home laterally, this would increase the lot coverage and would have negative environmental impact on sensitive wetlands and the natural protective dune. However, the applicant proposes constructing a second story over an existing residence with virtually no impact on the environment,which is reasonable and avoids an additional increase in lot coverage beyond what is currently proposed. 3. Town Law 4267-b(3)(b)(3). The variances granted herein are mathematically substantial, representing 100% relief from the code relative to the construction of a habitable third floor,46 percent relief for the proposed excessive Gross Floor Area, and 85 percent relief for the total lot coverage. However, the Gross Floor Area as calculated is reasonable when compared to the average home size within 500 feet of the subject parcel, a technical third floor which functions as a habitable second floor is common to single-family residences in this beachfront community and within the Town of Southold in general, and the expansion of the footprint of the residence by 115 square feet for a functionally required stairwell represents an overall increase of 1.9% over the present legally established lot coverage, which is de minimis in nature. 4. Town Law 4267-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 applicant must comply with Chapter 236 of the Town's Storm Water Management Code and install a Suffolk County Board of Health approved I/A OWTS Innovative/Alternative Onsite Wastewater Treatment System. 5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of alterations and additions to a single-family residence consisting of an expansion of the footprint, with a two-story addition measuring 7.5 feet by 15.5 feet, the addition of a habitable technical third- floor with cantilevered waterside balcony establishing a Gross Floor Area of 3,066 square feet and lot coverage of 37.3% while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B,motion was offered by Member Planamento,seconded by Member Lehnert,and duly carried, to GRANT the variances as applied for, and shown on the proposed site plan, second floor demolition plan, proposed floor plans, proposed elevations, labeled SD-1 through SD-7, prepared by Anthony M. Portillo, Registered Architect and dated September 21f, 2023. SUBJECT TO THE FOLLOWING CONDITIONS: 1. The applicant shall install a(I/A OWTS) Innovative/Alternative Onsite Wastewater Treatment System approved by the. Suffolk County Department of Health Services. Page 5, October 19,2023 #7809, Lazos SCTM No. 1000-59-1-1 2. The building shall meet New York State Building Code relative to the use of a third floor and pursuant to the NYS Building Code, the applicant shall install a fire suppression system. 3. The applicant shall receive approval from the Southold Town Board of Trustees. This approval shall not be deemed effective until the required conditions have been met.At the discretion of the Board of Appeals,failure to comply with the above conditions may render this decision null and void That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. IMPORTANT LIMITS ON THE APPROVALS) GRANTED HEREIN Please Read Carefully Any deviation from the survey, site plan and/or architectural drawings cited in this decision, or work exceeding the scope of the reliefgranted herein, will result in delays and/or a possible denial by the Building Department of a building permit and/or the issuance of a Stop Work Order, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s)granted herein as shown on the architectural drawings,site plan and/or survey cited above, such as alterations, extensions, demolitions, or demolitions exceeding the scope of the relief granted herein, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses,setbacks and other features as are expressly addressed in this action. TIME LIMITS ON THIS APPROVAL: Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3) years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one (1) year terms. IT IS THE PROPERTY OWNER'S, RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN. Failure to comply in a timely manner may result in the denial by the Building Department of a Certificate of Occupancy, nullify the approved variance relief, and require a new variance application with public hearing before the Board of Appeals Vote of the Board: Ayes: Members Planamento, Lehnert, Weisman, Acampora, and Dantes. This Resolution was duly adopted(5-0). 4eslieLKan6 Weisman, Chairperson Approved for filing�01 / /2023 --- '-- LOT COVERAGE - M -L O N 6 ISLAND 5 O U N D- PROJEGT /ZONING �q�s'i�- 0 Q w w= , WLL �E3 TAX MAP# 1000-541-I-I DESCRIPTION(FOOTPRINT) AREA % LOT 1 --___ w Z'm a COVERAGE -------------- r!5 3 v ZONING DISTRICT R-40 NGTOTAL LOT AREA TO TIE LINE® ------ o 3 w g a 16585.0 S.F. 1 H�,e� z a w a m LOT AREA 0.48 ACRES MEAN HIGFf WATER _____-----'- - I u w o z w A a=2~O GofO - ADDITION TO DWELLING 225417; 10/28/14166 TOTAL LOT AREA(LANDWARD OF 6,015.0 S.F. = I N 3 a G.E.HL. I) 01 z a o w GofO -ALTERATION TO m z w W o a 210232;10/31/14180 a w Q ,z z DWELLING EXISTING 2 STORY FRAME HOUSE 1,2441.0 S.F. 20.5% O -- ___--------------------- a r-D /�Q z w 2.w o GofO - AGGE55ORY STORAGE ___----- Cr� ! o=a 224717;10/241/141416 1 __--- ���s o o 8 SHED ADDITION EXISTING 2ND STORY DECKS 882.0 S.F. 14."1% ---- 1 t o s °q w w o 0 0 GofO -DECK 55,741q;7/5/2012 loo �_� � i �' a N o E PROPOSED ADDITION 115.0 S.F. 1.41% _��� t '8� N wWoa=� GOfO -PRE-EX15T DWELLING 37328;12/16/2014 1 m 1 ll w a s >S- Np�`51'41'E �"ti•HA f, ., h'",. z a a a L ALTERATION TOTAL AREA OF ALL STRUCTURES 2246.0 S.F. 37.3% I -------------------- _-- k':; 'i`�'`s��, s 0 z m z U ui GofO -RESIDENTIAL 3741416;12/28/2015 o w o a'z z5 FEMA FLOOD ZONE VEI3 E VEI6 '•MAXIMUM LOT COVERAGE ALLOWED -20% - ----- ----_Ib ;� 'yt � _ O N 3 J 7 1 y: =_ =U, 1, 7 o w o o F WETLANDS DISTRICT 7577 d 7577G;6/22/2011 ------ ----- -__---- ----- (j o - =k a z W o a a mss- '_: - e a t,�-*_.� t�-p a zFRFa.w DEC. M15TRIGT PERMIT#AND DATE REQUIRED SETBAGK5_-_1"IAIN-BUIL- _-_------------------- '�{tj }�3'0 ;{a.;'' g w S w i-w SUFFOLK COUNTY HD APPROVAL PERMIT# #OF BED. b l -.-.- - - - - ��r q~'• f _ E REQUIRED EXIST. PROPOSED COMPLIES - - - -.-.- - - _ i "� a9 � 0 a a a IX!2 HABITABLE SPACE EXISTING PROPOSED -;aevia. FIRST FLOOR AREA 7418 S.F. 7418 S.F. FRONT YARD 35.0' 341.7' 341 S' Y SECOND FLOOR AREA 1,2441 S.F. 1,364 S.F. 51DE YARD 10.0' A.7' 141,?' Y THIRD FLOOR AREA O S.F. 4104 S.F. BOTH SIDE YARDS 25.0' 65.6' 5aY Y TOTAL BEDROOM COUNT 2 5 j 16r--- i I ;O REAR YARD 35.0' 74.3' 74.3' Y - t -,,.,.o --- %^ _ _'°'°'°° _��'- L•- I -b 101__- I - 12 +J \ na 1 70 ECEIVED ' \� _ m _ sr--- -- ----------- ' I 1 — - °� —1 + TOP OF DI1t8 _ _ I EP 216 2023 b lo __ _ TOP OF V06 6.a5+ f% 1134' ----- o .� Imm -� �, -1ft 0 U to I lor6 i4' \ I I ► �J -- - I =_--- __ _— -su„s�w"°" L --- - IA6'I I coA,rAL ewston - -± — Q ?onin Board of Appeals12 yea NAY BALE5 ATID/ SILT i - `_ / FENCING TO ST UTI�ZID I \ 1 Ali/ O AN6 FRA ESDFYIG EXIST.SIffD DLRIN6 GONSTIaJOI ON- - —_-I__ I ❑ / _\ I C 1 10 - PROFO£n (6.9'X1197 x _ R PROP.1 9%a'�. I - DZ:LY. PIER LINE N Yum U - g„5' 9I _ 0 PR�os�x LIISTI Q. - _ - - ABovE EXIsnNG PIER NE 1 F RST STORY I APPR/X. 4 110sAREA OP PROP. � �w,rRum .ar 6 1/A n.. b K I •+ o J w I �'.�-' I / °'.� °� +.,o o d LEAONIN6 ren. 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C) —J m I + S IEXIST. U _ a x. n L rv. Q I I ' A o Cl) o a FYIST o i ,ae sr. Ft 7 � I I �cxr�s•/I I I _ � I rv. I W9MA=Mt� 4 Fxltr ~ L T. 1 FYIST LU 6T :- F INAL IIIA P o o z } o EXIST, O EJCIgT. REVIEWED �( Z BA o W o O TORA6E �' CN T. 15 o 0 ON##-. - �D Q o 0AW J�,E BLE J F.V. � `�V �jV� • cl °,� Cal C N CY a s io 20 f 0 PROPOSED GROUND FLOOR PLAN GRAPHIC SCALE w w 'QP GENERAL SYMBOL KEY: a oa Q�3 EXISTING TO REMAIN I Z� NEW FOUNDATION WALL z m NE-1 WOOD FRAME o �• 'L �' y:C� I � m � o x 3 o x� - zaOw i' x T T1.2 In m z 0, , z .J �2 .W� z amaJ}-.¢ O W N~z=U Y "'ctrl f' .`:•-"a' R 0 z Q Y W owapr-mF O ir w H J z Z Q Q Z W 0 Ca9<a a zF=Famw .-=I AL MAP g�i5lHo a�tw_-oo��ii � wmxx�"sa IREVIEW�++ v ZBA a woa=¢¢a F,nATED; v a3 ��x � nl W LIM OF PROP.WOOF VWK ABOVE E"TDb FAV E T --————————————— ———————————————— U •— '-7 C[) /r'�Y�1� aids -{J M a + U a—I~SLM— I ~Bum oes a7 1 TNO I Q n i EXIST. O K LIVING ROOM PROPOSED X BEDROOM 4 y�y PROPOS® !L El>n>r. ,25.27 n �.`ra 4 F '-4 +OrQ!TO EELOW• n rlL CIL EXIST- ~ P PROP, 4 I ; r- S e n Z 0 p ei A �• PD z� O O L Z z BEDROOM 6ATNROOM ®® .-0. O><D I9LATlD I _ ° HALLWAY • 7 15 Qr p Q JuJ O O ®® y 4 I P = Q O 2 'O I I ° O ~ o ;,53 HZSB. I 0CV a'� WALK-IN I x LLLL O a moi+ J N I I y ' a O LA S ` a'-u• M141 EXIST,IOEI-K D Dr. Lo-0. N Q0 5 10 20 0 5 SO 20 O PROPOSED SECOND FLOOR PLAN GRAPHIC SCALE 1/8--1'-0. PROP05ED THIRD FLOOR PLAN GRAPHICSCALE 1,8-1'-0- w w 5GALE: 1/8•- V-O' SGALE. IW= 1'-0• LLa w 3 / wo ar tt ��Zima ata �� pp d�� za3wam _® $2�%� ip ¢22 W W44��>\ ��7, lie 0¢3 0 2 V vb ro 11;,C-sY, -�' " P Z Z w W¢ / (d. kywa.04 / 55 ZIAJz¢Y OwW¢oroF w��LLz3¢ ¢z w o;F(Q p -DO"T.CiUl1EY- "I to O S F¢ w 4 z F F QQ w r 2 I I g U N w o w � W�f�1VLF W Y 1!122 FS / M MFIll --__ Q WZ0 r a 00 0 U It NAL ¢¢ ¢S � L MAP REVIEWED BY ZBA i DECISIo N4 9a I a� ® 0 N1 FE91 I (D � m EAST ELEVATION (RI(9HT SIDE) *F + SCALE: 1/8" - 1'-0" ' ` Q �^` RIDGE HEIGHT 0. W 0 EXIST.RIDGE!✓FIGHT PROPOSED THIRD FLOOR FINISH, LLJ ELEV.a25b' �� 0 / / ❑� � ICU- LU O c) EXISTING SEGONO FLOORFINISH I I ` 0 N Q O AkFLOOD ZONE VE 17) n EIFV.+19�a'� -- Ell � � a �❑0❑�❑0 ELEV.GARAGE•BRAIND FLOOR I N ' N ELEV.aT1' 5OUTH ELEVATION (FRONT) I Q w 3— — — — — — — — — Wo a~– Z. Sr— �533 o'00, zW�=Wm \ axx~ww o Z a p w w Q O / \ Tod Z=J-� / \ N O.1-0 O r W w 0 0 0 O Z m F N a m.Z mm nnw aa�>�¢ F :t OR/ \ � W A N~O U K�Q�Q�w 'o`w oF-oF a K F S W�W r w Z N N S S F S N / C W ZU f 00FU H 1Q� HE] I I I � �. I WEST ELEVATION (LEFT SIDE) + E) SCALE: 11e" _ V-0" U � - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Q U) ao RINAL MAP REVIEWED B BA i ,F-TI i i W ED BY � TA yc43 ria a Z ei N -EMT.croaer- N if 47 Ap. Sri C H N\ 04 cn a-I Q MX NORTH ELEVATION (REAR) _ 0 (f SCALE: 1/8" = I'-0" a a AM P Architecture Address:10200 Main Road,Unit 3A,Mattituck NY 11952 Phone:(631)603-9092 Design + Build September 21,2023 Southold Town Zoning Board of Appeals 54375 Route 25 Southold, N.Y.11971 RE: Lazos Residence 1200 Leeton Drive Southold, N.Y.11971 _ SCTM #1000-59-01-01 RECEIVED ZBA File#7809 Dear Board Members: SEP 2.2 2023 We have submitted updated plans dated 09/21/23 in regards to the ab v p�t&aed #r&p@qs for the upcoming October 5"' 2023 Hearing. The changes to these plans include: • Page SD-1;Added a proposed IA system that will be replacing the existing sanitary system • Page SD-5"Proposed Second Floor Plan",SD-6"East Elevation Right Side"&SD-7 "North Elevation Rear";Added the existing roof overhang which will become a balcony.This area is existing and does not increase the existing non-conformities. Thank you AMP Architecture Page I of I .-JUNTY OF SUFFOLK Ct� OFFICE OF THE COUNTY EXECUTIVE Steven Bellone SUFFOLK COUNTY EXECUTIVE Sarah Lansdale Department of Commissioner Economic Development and Planning May 9, 2023 Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold,NY 11971-0959 Attn: Leslie Weisman Dear Ms. Weisman: Pursuant to the requirements of Sections A 14-14 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 Little Poquatuck, LLC #7808 Christopher Lazos #7809 P,­� Very truly yours, R X'� 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 Is HAUPPAUGE,NY 11788-0099 0 (631)853-5191 Ch1Ali H '� I.W7� pE SO!/j 5173. OFFICE LOCATION. ��� y0l G ADDRESS: Town Hall Annex h O P.O.Box 1179 11W_ 1 _ 54375 State Route 25 l J�[ Southold,NY 11971 � ! (cor.Main Rd. &Youngs Ave.) y Southold,NY 11971 Q Telephone: 631765-1938 a 0nii ' LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD -& �W RECEIVED AUG 2 8 Z023 To: Leslie Weisman, Chair Board of Appeals Members of the Zoning Board of Appeals Zoning From: Mark Terry, AICP Assistant Town Planning Director LWRP Coordinator Date August 22, 2023 Re: LWRP Coastal Consistency Review for ZBA File Ref CHRIS AND MARISA LAZOS #7809 SCTM No. 1000-59-1-1 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(2 1/2) stories; 2) gross floor area exceeding permitted maximum squafe 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. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me,the proposed variance is INCONSISTENT with the below listed LWRP policies and therefore, INCONSISTENT with the LWRP. 43 Minimize losses of human life and structures from flooding and erosion hazards. „•'f,! .. ,;M, a,;_.�� �fk � `;, ,,mow �! ”" 'tip.i e'"�� ': 'P`F eft. ';:��kP '•: ?�,ti` �"�. � 'r'' � '` .�1@3"• Q0.• •..i <d.]•.. ,�• \� . d `'�\,4 ': . } ,4.,. c, ,Y''�i''-�xa'• d: i��� pay � .ay `" i*��, '.� ��� '� s�i ���t"`�, a,e., �' .?{ •:,t:<.e.° '..may �..: .w { 'r.7 iT~ w•�b���'h ,x t�„'.`�_ ::.9�' ���x�;A �` '�°yy`�"y� �, 'K L<''' .. 'r�y.e,"�.I @ Vii^ v�€�•4dha» 7, �' �' .q :ter. ..p. ., ��.g�,' ,�. Figure 1. Subject lot and Coastal Erosion Hazard Area(brown line). The Coastal Erosion Hazard Line splits the parcel with a shift landward to account for the no seawall. Part of the single-family residence and deck are located within the Coastal Erosion Hazard Area. The purpose of Chapter 111, COASTAL EROSION HAZARD AREAS is to regulate, in coastal areas, land use and development activities so as to minimize or prevent damage or destruction to man-made property, natural protective features and other natural resources and to protect human life. In addition, the purpose of Chapter 111 is to regulate new construction or placement of structures in order to place them a safe distance from coastal hazard areas. § 111-4. Purpose. The Town of Southold hereby assumes the responsibility and authority to implement and administer a Coastal Erosion Management Program within its jurisdiction pursuant to Article 34 of the New York State Environmental Conservation Law. In addition, it is the purpose of this chapter to: A. Establish standards and procedures for minimizing and preventing damage to structures from coastal flooding and erosion and to protect natural protective features and other natural resources. , B. Regulate, in coastal areas subject to coastal flooding and erosion, land use and development activities so as to minimize or prevent damage or destruction to man-made property, natural protective features and other natural resources and to protect human life. C. Regulate new construction or placement of structures in order to place them a safe distance from areas of active erosion and the impact of coastal storms to ensure that these structures are not prematurely destroyed or damaged due to improper siting, as well as to prevent damage to natural protective features and other natural resources. A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. The subject parcel is located in the FEMA Flood zone VE. This area is highly susceptible to frequent storm surge with wave action. tk u. r._.rYne�<zraY+aC�S A P-, W, F,06" 47" It 1 �P ;4, R k, kt NIN km E-A O"'.-F,'127 9U. JI A N UD 26 hY e, 1131 ';k' 4K Ilk, VE, k" W14 A\f �q_ 0 Z UP "N4 "K, ;Y Ul- n 9 1,, ""o"," :*.'Y,,,tJ; �4_ 14 A Al j'a Z, V M ;J Y" Figure 2. Subject parcel and FEMA Flood Zone VE. 1. Avoid development other than water-dependent uses in coastal hazard areas. Locate new development which is not water-dependent as far away from coastal hazard areas as practical. The proposed action does not have a functional relationship to coastal waters and therefore is not a water-dependent use pursuant to § 275-2. A Water- Dependent use is defined as: § 275-2 Definitions;word usage. WATER-DEPENDENT USES --An activity which can only be conducted on, in, over or adjacent to a water body because such activity requires direct access to that water body, and which involves, as an integral part of such activity, the use of the water. The uses include, but are not limited to commercial and recreational fishing and boating facilities,flnflsh and shellfish processing,fish storage and retail and wholesale fish marketing facilities, waterfront dock facilities, shipyards and boat= building facilities, navigation aides, basins and channels, industrial uses dependent upon waterborne transportation or requiring large volumes of cooling or processing water and which cannot reasonably be located or operated at an inland site, and uses which primarily provide general public access to marine or tidal waters. As inferred above,.the proposed structure and sanitary system are located within FEMA flood zone VE El 13; a structural high hazard area with a 1% chance of annual flooding with wave velocity. In reality, flooding occurs on a more frequent level. Structure in these areas should be minimized, not expanded. The breach of the lot coverage limit sets a precedent of potential loss in a structural hazard area. 4.2. Protect and restore natural protective features. Natural protective geologic features provide valuable protection and should be protected, restored and enhanced. Destruction or degradation of these features should be discouraged or prohibited. A. No development is permitted in natural protective feature areas, except as specifically allowed under the relevant portions of 6 NYCRR 505.8. Natural protective features area nearshore areas, beaches, dunes, bluffs, and wetlands and associated natural vegetation. The natural protective feature area as defined in § 111-6 Definitions is a land and/or water area containing natural protective features such as a beach or primary dune. NATURAL PROTECTIVE FEATURE AREA —A land and/or water area containing natural protective features the alteration of which might reduce or destroy the protection afforded other lands against erosion or high water or lower the reserve of sand or other natural materials available to replenish storm losses through natural processes. New construction is prohibited in natural protective feature areas (primary dune). Only non- major additions to existing structures are allowed on beaches or primary dunes pursuant to § 111- 13. The distance from the proposed actions to the natural protective feature (primary dune) is 0 feet; a minimum setback distance of 100 feet is required pursuant to Chapter§ 275-3. Findings; purpose; jurisdiction; setbacks. Require that the applicant amend the application to meet the above policies to the greatest extent practicable, minimizing damage or destruction to man-made property, natural protective features and other natural resources and to protect human life. 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 RECEIVED FORM NO. 3 MAYO 3 Z023 TOWN OF SOUTHOLD ' 9cy 7 Appeals BUILDING DEPARTMENT Zoning Board of App SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: March 10,2023 TO: Lazos, Christopher 76 Beverly Dr. Albertson,NY 11507 Please take notice that your application dated February 7,2023: For permit to: construct-additions and alterations to existing single-family dwelling.at: Location of property: 1200 Leeton Drive.Southold.NY County Tax Map No. 1000—Section 59 Block 1 'Lot J o . Is returned herewith and disapproved on the following grounds: /) 2 The proposed construction.on this non-conforming 16.595 sq.ft. parcel (buildable area 6.015 sq_ft)in the Residential R40 is not permitted pursuant to Article XXXW Section 280-207 which states lots containing up to 10,000 square feet of lot area cannot exceed a maximum gross floor area calculation of 2.100 sq.ft. in size. �tl 16-;,k) !�0 u The proposed construction.has a 1'c ted ss­floor area of 3.066 s .ft,exceedin .the ermitted.maximum of 2.100,sf v 966.s K. j In addition the proposed third story is n6t permitted pursuant 4Article X11,Section 280- 18. where the Bulk schedule allows.the:maximum permitted stor--i s at 2 %2. Lastly, and in addition the proposed construction is not permitted pursuant to Article )XIII Section 280-124 which stateslots measuring_less than 20;00.0 square feet in total size require a maximum lot coverage of 20%_ The site plan shows a lot coverage calculation of 37.3°o. Ai0orized. Signa Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file,ZBA RECEIVED Fee:$ Filed By: Assignment No. MAY 0 3 2023 APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE Zoning Board of Appeals House No. 1200 Street Leeton Dr Hamlet Southold SCTM 1000 Section 59 Block 1 Lot(s) 1 Lot Size .38 acres Zone R-40 NC I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 2/7/23 BASED ON SURVEY/SITE PLAN DATED 10/4/22 Owner(s): Chris and Marisa Lazos Mailing Address: 1200 Leeton Dr Southold NY 1 1952 Telephone: 917-224-0074 Fax: Email: chirstopher.lazos@gmail.com NOTE:In addition to the above,please complete below if application is signed by applicant's attorney,agent,architect, builder,contract vendee,etc.and name of person who agent represents: Name of Representative:AMP Architecture for(X)Owner( )Other: Address:PO Box 152 Mattituck NY 11952 Telephone:516-214-0160 Fax: Email'APORTILLO@amparchitect.com Please check to specify who you wish correspondence to be mailed to,from the above names: ( )Applicant/Owner(s), (x)Authorized Representative, ( )Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 10/4/22 and DENIED AN APPLICATION DATED 2/7/23 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: XXVI Section: 280 Subsection: 207 Type of Appeal. An Appeal is made for: kX)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 N has, ()has not been made at any time with respect to this property,UNDER Appeal No(s). 2494 Year(s). 1978 . (Please be sure to research before completing this question or call our officefor assistance) Name of Owner: ZBA File# REASONS FOR APPEAL (Please be specific, additional sheets inav be used with pre arer's RECEIV E® signature notarized): MAY 0 3 2023 C1, 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detri ent to nearby �O / properties if granted,because: Board of Appeals Zoning THE PROPOSED ADDITION WILL BE CONSISTENT WITH THE EXISTING CHA ORHOOD AND WILL NOT AFFECT NEIGHBORING PROPERTIES 2.The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance,because: OF THE LOCATION AND SIZE OF THE EXSITING HOUSE AND THE SIZE OF THE LOT. 3.The amount of relief reauested is not substantial because: THE PROPOSED ADDITIONS ARE NOT SUBSTANTIAL BECAUSE THE ADDITION 1S ONLY 115 SF MORE THIS WILL INCREASE THE LOT COVERAGE BY 1.9% 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: THE EXISTING HOUSE IS ALREADY AT 35.5% LOT COVERAGE.THE SMALL ADDITION WILL NOT IMPACT THE PHYSICAL OR ENVIRONMENTAL CONDITIONS 5.Has the alleged difficulty been self-created? { }Yes,or t4 No Why: THE LOT IS EXISTING NON-CONFORMING Are there any Covenants or Restrictions concerning this land? { } No { } Yes(please furnish a copy) This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety and welfare of the community. 4 W Signature o pplicant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn to before me this ay of .20 N tary Public BARBARA H.TANDY Notary Public,State Of New York No. OITA6086001 Dualified In Suffolk County y S a 7 Commission Expires-80 APPLICANT'S PROJECT DESCRIPTION APPLICANT: AMP Architecture DATE PREPARED: 03/21/23 1. For Demolition of Existing Building Areas RECEIVED Please describe areas being removed: N/A MAY 0 3 2023 ca Zoning Boa f Appeals II. New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: N/A Dimensions of new second floor: 115 SF Dimensions of floor above second level: 904 SF Height(from finished ground to top of ridge): X 34.2' Is basement or lowest floor area being constructed?If yes, please provide height(above ground) measured from natural existing grade to first floor: N/A III. Proposed Construction Description(Alterations or Structural Changes) (Attach extra sheet if necessary). Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: EXISTING TWO STORY FRAME HOUSE WITH GARAGE UNDERNEATH Number of Floors and Changes WITH Alterations: PROPOSED TWO STORY ADDITION,PROPOSED 3 STORY ADDITION, PROPOSED ROOF DECK ABOVE EXISTING FIRST STORY. IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: 2,131 Proposed increase of building coverage: 1150 SF Square footage of your lot: 16,595 SF Percentage of coverage of your lot by building area: 37.3% V. Purpose of New Construction: PROPOSED ROOF DECK ABOVE FIRST STORY AND PROPSED THIRD STORY VI. Please describe the land contours(flat,slope %,heavily wooded,marsh area,etc.)on your land and how it relates to the difficulty in meeting the code requirement(s): LAND IS LOWER IN FRONT OF LOT AND GETS HIGHER IN THE REAR OF HOUSE. Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction,and photos of building area to be altered with yard view. 4/2012 j QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION A. Is the subject premises listed on the real estate market for sale? RECEIVED Yes X No MAY 0 3 2023 B. Are there any proposals to change or alter land contours? �01 X No Yes please explain on attached sheet. Zoning d of/appeals C. 1.)Are there areas that contain sand or wetland grasses? 2.)Are those areas shown on the survey submitted with this application? 3.) Is the property bulk headed between the wetlands area and the upland building area? NO 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? YES Please confirm status of your inquiry or application with the Trustees: NEED APPROVAL 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? NoIf yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? If yes, please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel SINGLE FAMILY RESIDENCE and the proposed use SINGLE FAMILY RESIDENCE (ex: existing single family, proposed: same with garage, pool or other) 03/21/23 Authorize signature and Date FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CL.7EEWS OFFICE RECEIVED SOUTHOLD, N. Y. MAY 0 3 2023 �4j Zoning Board of Appeals CERTIFICATE i]�r' OCCUPANCY No. . . .Z 2597 Date . . . . . . .00tObQx. 20.. . . .. ... .., 1966. TH14 C�RgTIuIE�QPat the building located at Leeton.Arnie.. ... .. . .. .. . . . Street Map NcPP. 9!IA(X.. . Block No. ..)=. . . .. .Lot No. 3A .. . . .SOitithQlfd,. .N.-N. conforms substantially to the Application for Building Permit heretofore filed in this office dated . . . . . .NOVe-r. 23. . . ., 19. .65 pursuant to which Building Permit No. 2942. 2. dated . . .. _.Nnvembei*.29. . . ., 19.65, was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is . . . .4kjA"tAon. .to. .ona.famiLy. .dwelling. • . . . .. . . .. . . .. . . . . . . . . . . .. . . .. . . . The certificate is issued to . . .JaMe.T.• •& -X=9zXet •No110Y• • • •. • • •.• • • • •• •• •• • • (owner, lessee or tenant) of the aforesaid building. ,Suffolk County Department of Health Approval . . . . . . . . . . . . . . . . .. .. . . . . . . . . . . . . .. . . . . .. . Building Inspecto - ` 4 FORM NO.4 TOWN OF SOUTHOLD RECEIVED BUILDING DEPARTMENT Town Clerk's Office Southold, N.Y. MAY 0 3 2023 z� f Certificate Of Occupancy Zoning Board oAppeals No. . . 410232 . . . . . . . Date . . . . . October 3�. . . . . . . . . . . . . . 19 .80 THIS CERTIFIES that the building . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Location of Property X200 Leeton Drive Southold, N.Y. House No. Street Hamlet County Tax Map No. 1000 Section . . .059. . . . . .Block . . . .?I . . . . . . . .Lot . . . . .99�. . . . . . . . . Subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Filed Map No. . . . . . . . .Lot No. . . . . . . . . . . . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated . . . . February. 18 . . . . 19 79 pursuant to which Building Permit No. . . . . . . . . . dated . . .February, _26. . . . . . . . . . . . 19 79 ,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 . . . . . . . . . A PRIVATE ONE FAMILY DWELLING (ALTERATION) The certificate is issued to . . . . . . . . . . .DAMES MOLLQY . . . . . . . . . . . . . . . . . . . . . (owner of the aforesaid building. Suffolk County Department of Health Approval ... . . . . . . . . . . . N/R . . . . . . . . . . . . . . . UNDERWRITERS CERTIFICATE NO. . . . . . . . . . . . . . . . . . . . . N/R Building Inspector Rev 4/79 t FORM NO. 4 TOWN OF SOUTHOLD RECEIVED BUILDING DEPARTMENT Office of the Building Inspector MAY 0 3 2023 Town Hail 1-" Southold, N.Y. Zoning Board of Appeals e CERTIFICATE OF OCCUPANCY No Z-24717 Date OCTOBER 29, 1996 THIS CERTIFIES that the building ACCESSORY Location of Property 1200 LEETON DRIVE SOUTHOLD, NEW YORK House No. Street Hamlet County Tax Map No. 1000 Section 59 Block 1 Lot 1 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated APRIL 22, 1996 pursuant to which Building Permit No. 23407-Z dated MAY 2, 1996 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 STORAGE SHED ADDITION TO EXISTING ONE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to JAMBS T. & MARGARET MOLLOY (owners) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A f Building Insp ctor Rev. 1/B1 Town of Southold Annex ►. P.O.Box 1179 RECEIVED t 54375 Main Road } Southold,New York 11971 MAY 0 3 2023 *" it.r IS -- - cmlZoard of - CERTIFICATE OF OCCUPANCY No: 35799 Date: 7/5/2012 THIS CERTIFIES that the building DECK Location of Property: 1200 Leeton Dr, Southold, _ SCTM#: 473889 Sec/Block/Lot: 59.4-1 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this oiFiced dated 7/22/2011 pursuant to which Building Permit No. 36580 dated 7/26/2011 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is: reconstruction of existing deck on an existing one family dwellingas s applied for. The certificate is issued to Molloy,Margaret 2011 Trust (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. PLUMBERS CERTIFICATION DATED c o ' d Sign ture �guFPO(,f.o Town of Southold Annex 12/16/2014 =moo: c y 54375 Main Road m Southold,New York 11971 oy'�D �olg RECEIVED PRE EXISTING MAY CERTIFICATE OF OCCUPAN toning Board of Appeals No: 37328 Date: 12/16/2014 THIS CERTIFIES that the structure(s)located at: 1200 Leeton Dr, Southold SCTM#: 473889 Sec/Block/Lot: 59.-14 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 NUN MER Z- 37328 dated 12/16/2014 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 one family dwelling.* NOTES:BP 2942 deck addition COZ-2597;BP 10115 house moved to new location COZ-10232; BP 23407 shed addition to dwelling COZ-24717;BP 36580 decking COZ-35799. The certificate is issued to Molloy,Christopher& Sheehan,Dianne (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. PLUMBERS CERTIFICATION DATED *PLEASE SEE ATTACHED INSPECTION REPORT. oriz SignAre �o�g1lFFlk4,oG� Town of Southold 12/28/2015 0 P.O.Boz 1179 co' 53095 Main Rd RECEIVED Southold,New York 11971 MAY 0 3 qso? CERTIFICATE OF OCCUPANC oning Board of Appeals No: 37996 Date: 12/28/2015 THIS CERTIFIES that the building RESIDENTIAL ALTERATION Location of Property: 1200 Leeton Dr, Southold SCTM#: 473889 Sec/Block/Lot: 59.-1-1 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 5/12/2015 pursuant to which Building Permit No. 39793 dated 5/22/2015 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: INTERIOR ALTERATION TO AN EXISTING ONE FAMILY DWELLING AS APPLIED FOR The certificate is issued to VanHoren,Antoine of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. 39793 10-22-2015 PLUMBERS CERTIFICATION DATED 12-09-2015 Paul Nence 1 A riz Signat e TOWN OF SOUTHOLD, NEW YORK "Ea.`�..ccvv L�v'^.,�.'Q Eb r 1978 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2494 Dated November 8, 1978MAY 0 33(2023 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTH LD I �� Zoning Board of Appeals To Jim Molloy Appellan 26 Tremont Street Garden City, New York at a meeting of the Zoning Board of Appeals on November 30, 1978 the appeal was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordlnance 1_ SPECIAL EXCEPTION.By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article ....................Section .................... Subsection .................... paragraph I............... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 9:05 P.M. (E.S.T.) Upon application of Jim Molloy, 26 Tremont Street, Garden City, New York, (Mattituck House Movers, as Agent) , for a variance in accordance with the Zoning Ordinance, Article III, Section 100-33 and Bulk Parking Schedule for permission to move a building with insufficient front yard area. Leeton Drive, Southold, New York, bounded on the north by Long Island Sound; east by Mahee; south by Leeton Drive; west by Orr. 2. VARIANCE.By resolution o1 the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because SEE REVERSE and therefore, it was further determined that the requested variance ( } be granted ( ) be denied and that the previous decisions o1 the Building Inspector( ) be confirmed ( ) be reversed. SEE REVERSE APPROVED / vzz ) J7 ZONING BOARD OF APPEALS FORM ZB4 .. ChairmanBeard—of Appeals RECEIVED MAY 03�2023 Upon investigation and inspection t zwm qq�i914 APPAWS applicant wishes to move his existing house Island Sound due to water erosion which necessitates a reduced front yard area. The findings of the Board are they are in sympathy with the applicant. The Board finds that strict application of the ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of the property and in the same use district; and the variance will not change the character of the neighborhood and will observe the spirit of the Ordinance. On motion by Mr. Doyen, seconded by Mr. Tuthill, it was RESOLVED, that Jim Molloy, 26 Tremont Street, Garden City, New York, be GRANTED permission to move a building with insufficient front yard area. Location of property: Leeton Drive, Southold, New York, bounded on the north by Long Island Sound; east by Mabee; south by Leeton Drive; west by Orr. Vote of the Board: Ayes: Messrs: Gillispie, Doyen, Tuthill and Douglass. Ri,CLIVED AND FILED BY TfiE SOV MLI D TO':714 CLERK DATE/ B H0UR.2:/s10m. 17 Town Clerk, Town of Southold RECEIVED AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS MAY 0 3 202 TOWN OF SOUTHOLD Zoning Board ofJAppeals WHEN TO USE THIS FORM: This form must be completed by the applicant 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:AMP Architecture 2. Address of Applicant: PO BOX 152 MATTITUCK NY 3. Name of Land Owner(if other than Applicant): CHRIS AND MARISA LAZOS 4. Address of Land Owner: 1200 LEETON DR SOUTHOLD 5. Description of Proposed Project: PROPOSED ADDITION 6. Location of Property: (road and Tax map number) 59-1-1 7. Is the parcel within 500 feet of a farm operation? { } Yes {)} No 8. Is this parcel actively farmed? { } Yes {X} No 9. Name and addresses of any owner(s) of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office(765-1937) or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. N/A 2. 3. 4. 5. 6. (Please use /the back of this ppa/g�ee/if there are additional property owners) ,(Y Z'I/ At r( Pg��:G B 03 / 21 / 23 Signature of Appl_caant 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. r .j RECEIVED Board of Zoning Appeals Application MAY 0 3 2023 �0?AUTHORIZATION Zoning Board ofppeals (Where the Applicant is not the Owner) 1 Ch v S -10S residing at 1p� l� Lcrh)nIDt (Print property owner's name) (Mailing Address) Sournold W do hereby authorize (Agent) AMP Architecture (Anthony Portillo) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. (Owner' ignature) (Print Owner's Name) APPLICANT/OWNER - TRANSACTIONAL DISCLOSURE FORM i The Town of SOnthOld'S Code of Ethics prohibits conflicts of interest on the cart of town officers and emalovees.The auraose of this form is to provide information which can alert the town of nossible conflicts of interest and allow it to take whatever action is necessary to avoid same. I I YOUR'NAW : I CI*s (Last name,first name,middle initial,unless you are applying in the name of someone else or i ,such ajs a company:If so,indicate the other person's or company's name.) {Z�C ED TYPE OF APPLICATION: (Check all that apply) MAY 032023 Tax grievance Building Permit _ Variance iX Trustee Permit � eats Change of Zone Coastal Erosion Zoning Board of pp Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer'or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO If you answered"YES",complete the balance of this form and date-and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee.Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP O� 1"4 Submitted this day of ,20 , Signature Print Name C:} :jc, La—Zo,5 AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME : PORTILLO,ANTHONY (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 FZoning IVED Variance X Trustee Permit Change of zone Coastal Erosion 3 2023 Approval of Plat Mooring 07 Other(activity) Planning rd of Appeals Do you personally(or through your company,spouse,sibling,parent,or child)have a relatio any o icer 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 21 day of March Q20L23 Signature Print Name Anthony Portillo 617.20 Appendix B Short Environmental Assessment Form Instructions for Completing Part 1 -Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1 -Project and Sponsor Information RECEIVED nen Name of Action or Project: MAY 0 3 Z023 LAZOS ADDITION Project Location(describe,and attach a location map): Zoning Board of Appea S 1200 LEETON DR SOUTHOLD Brief Description of Proposed Action: PROPOSED TWO STORY ADDITION,PROPSED ROOF DECK ABOCE EXISTING FIRST STORY,PROPOSED 3RD STORY ADDITION. Name of Applicant or Sponsor: Telephone: 631-603-9092 AMP Architecture E-Mail: nzebro s i@amparchitect.com Address: PO BOX 152 City/PO: State: Zip Code: MATTITUCK N.Y. 11952 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that X may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: TOWN OF SOUTHOLD TRUSTEES,NYS DEC,SOUTHOLD TOWN BUILDING DEPARTMENT X 3.a.Total acreage of the site of the proposed action? 38 acres b.Total acreage to be physically disturbed? .05 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? .38 acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑ Industrial ❑Commercial X Residential(suburban) ❑ Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑Parkland Page 1 of 4 5. Is the proposed action, RECEIVED NO YES N/A a.A permitted use under the zoning regulations? X b.Consistent with the adopted comprehensive plan? MAY 0 3 2023 P P P X 6. Is the proposed action consistent with the predominant character of the xisting built or natull NO YES landscape? Zoning Board oKppeals X 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: X 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES X b.Are public transportation service(s)available at or near the site of the proposed action? X c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? X 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: X 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: X 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: X 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? X b.Is the proposed action located in an archeological sensitive area? X 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? X b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? X If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: 0 Shoreline ❑ Forest ❑Agricultural/grasslands ❑Early mid-successional ❑ Wetland ❑ Urban IKI Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? X 16.Is the project site located in the 100 year flood plain? NO YES X 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? ®NO ❑YES X b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO 12 YES GUTTERS WILL BE INSTALLED TO CONTROL RUN OFF. Page 2 of 4 18.Does the proposed action include construction or other activities that result in th impou NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? `� vE® If Yes,explain purpose and size: X 19.Has the site of the proposed action or an adjoining property been the location ofla Offl& M61dot AppeNo YES solid waste management facility? If Yes,describe: X 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: X I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Anthony Portillo Date: 03/21/23 Signature: 6 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 RECEIVED MAY 0 3 2023 No,or Moderate small to large impact impact Zoning Board of Appeals may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 RECEIVED Town of Southold MAY 0 3 2023 LWRP CONSISTENCY ASSESSMENT FO 7-$E7l Zoning Board of Appeals A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 59 _ 1 _ 1 The Application has been submitted to(check appropriate response): Town Board 0 Planning Dept. 0 Building Dept. ® Board of Trustees 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g.capital construction, planning activity,agency regulation, land transaction) (b) Financial assistance(e.g.grant, loan, subsidy) (c) Permit, approval, license,certification: Fx Nature and extent of action: PROPOSED TWO STORY ADDITION, PROPOSED ROOF DECK ABOVE EXISTING FIRST STORY.PROPOSED 3RD STORY. Location of action: 1200 LEETON DR SOUTHOLD RECEIVED Site acreage: .38 ACRES MAY 0 3 2023 Present land use: SINGLE FAMILY RESIDENCE Zoning Board of Appeals Present zoning classification: R-40 NC 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: AMP Architecture (b) Mailing address: PO BOX 152 MATTITUCK NY 11952 (c) Telephone number: Area Code( )631-603-9092 (d) Application number, if any: Will the action be directly undertaken,require funding, or approval by a state or federal agency? Yes ❑ No 0 If yes, which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location,and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. 0 Yes ❑ No ❑ Not Applicable THE PROPSED WORK WILL ENHANCE THE COMMUNITY CHARACTER AND ADD VALUE TO THE EXISTING PROPERTY. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No © Not Applicable THERE ARE NO HISTORICAL OR ARCHEOLOGICAL RESOURCES Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria 0 Yes 0 No ® Not Applicable RECEIVED I Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria © Yes 0 No 0 Not Applicable NATURAL VEGETATION IS CURRENTLY ON THE PRPOERTY TO PROTECT THE LAND FROM EROSION AND FLOODING. 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. © Yes 0 No 0 Not Applicable THE PROPOSED WORK WILL TAKE PLACE BEFORE THE SOUND. THE WILDLIFE AND COASTAL FISH WILL NOT BE DISRUPTED. RECEIVED MAY Attach additional sheets if necessary Zoning Board of Appeals Policy 7. Protect and improve air quality in the Town of Southold. See pec ion III — Policies Pages 32 through 34 for evaluation criteria. © Yes [] No❑ Not Applicable THE PROPOSED WORK WILL NOT AFFECT THE AIR QUALITY. Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No © Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. ❑ YeAO No® Not Applicable THERE IS NO PUBLIC ACCESS ON THE PROPERTY. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable r� RECEIVE® MAY 0 3 223 Zoning Board of Ap e ais Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. ® Yes ❑ No ❑ Not Applicable THE PROPSED WORK WILL TAKE PLACE BEOFRE THE SOUND. THERE WILL ALSO BE SILT FENCING/HAY BALES USED DURING CONSTRUCTION. Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No® Not Applicable 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. 0 Yes ❑ No ® Not Applicable Created on 5125105 11:20 AM RECEIVED MAY 0 3 20023 Zonin BO J Facing Northeast: Front of the Dwelling Facing East: Front/Right of the Dwelling Facing Southeast: Right side of the Dwelling Facing Southwest: Rear of the Dwelling Lazos Residence-1200 Leeton Dr,Southold Applicant:AMP Architecture All Photos Taken:04.04.2022 RECEIVED MAY 0 3 2023 oard of Appeals Facing West: Left/Rear side of the Dwelling Facing North: Front/Left of Dwelling Facing Southwest:View to the front yard Facing Northeast:View to the rear yard Lazos Residence-1200 Leeton Dr,Southold Applicant:AMP Architecture All Photos Taken: 04.04.2022 ' 5 14-3 TOWN OF SOUT OLD ROP TY R CORL. V.004:M1O n STREET � VILLAGE DISTRICT SUB. LOT- 0 L c. <y . LW FO�E��- E '- q L � E ACREAGE if W S _„ _ f, , W /y; � TYPE OF BUILDING RES.jI&t4 I SEAS. I VL. FARM COMM. I IND. CB. ( MISC. LAND IMP. TOTAL DATE REMARKS _�v U �—J'_._ � aL 2` � �rP�l�� �D I/S /G /1fo✓C.U'G✓eC��9_. ���I�a, — --- } T A�E �f v D ING�lbNDIT Oy- de, (pt'30 a—)— IZ63Ka_ �--ll �0 t14,01 _ ..-- -- A4 olid 7�VSt Ak, Farm Acre Value Per Acre Value s�� ��Gk • - Tillable 13 —L Tillable 2 an Tillable 3 --- – -- -- ---- s5" --._ �1 ' _ 3� �Q� —Alii-a —► -I- U►�- --- Woodland y N Swampland : FZ' -- to �+ sh 0 Brun House Plot CL o N < D w p rD a, Total— I _,�,, E I r Moo" -- /OC)U -SeJ-—J--I ,. eYi-Al Aw -4 + i . - --�- _- Ate► � ' ��� - � - — -- - - - i � �� �.� y 59:1-1 12/11 �U Ci "-- ,, - -a ► I / D M. Bldg. 1,3 � � - --- Z 7-1--� 3 Foundatione Bath / Extension Basement Floors Extension ! Ext. Walls Interior Finish #tve Ex nsion Fire Place Heart , — ---- � Porch Attic FX , Porch Rooms 1st Floor z 303 _ --- -- ----- -- --------Patio Rooms 2nd Floor (� - - --- cL r�°mge�p^;, 3 t 2 0 Driveway _ - - - -- — o 00 N C -- —--- L-v -- N _ O. B. D(U x 1 ■ ■mom ■■■■■■■■■■■■■■■■■■■■ ■ ■■®■i ■■■■■■■■■■■■■■■■■■■■ % ■ ■■saloon] ■■■■■■■■■■■■■■■■■ .- oil 011! ■■■■■■■■■■■■■■■■■ - --- ■1�■■■■®■■.1 1■■■■■■■■■■■■■■■■■ ■It■■■■■■■ I 1 ■■■■■■■■■■■■■■■■ ■It■■■■■?iii �1■■■■■■■■■■■■■■■■■ ■��■ES®■■■■fit■■■■■■■■■■■■■■■■■ ■■■■■■■■■�■■;�r■r��■■■■■■■■■■■■■■■■■■■■■ •. • •. . • FULL COMBO CRAWL PARTIAL KII SLAB • -• : • Ext. Walls SR. • 11� • T-9- TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB. LOT ACR. REMARKS b- So c, I q- I3oaa-1 1QS- P 1. ,c e) TYPE OF BLD. i PROP. CLASS vZtC)\4 LAND IMP. TOTAL DATE OA o ' Z3 -Ti FRONTAGE ON WATER HO Sn/LOTS m o ev C > BULKHEAD (D_ TOTAL I ZBA CHECK FEES - 2023 Funding Account- B2110.10 DATE NAME ZBA FILE# FEE CHECK# DATE SENT TO TCO 4/25/2023 Aquaviva,Edna et.Al. 7805 $2,000.00 1234 5/5/2023 7806 Money Order 4/28/2023 Tisdel,Chanet $750.00 28670140326 5/5/2023 5/3/2023 Lazos,Christopher 7809 $1,750.00 2332 5/5/2023 5/3/2023 Little Poquatuck,LLC 7808 $750.00 2338 5/5/2023 $5,250.00 RE%'-"f" IVE0 MAY - 8 2023 'Outhold Town Clark —;.in of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 05/08/23 Receipt#: 310096 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7805 $2,000.00 1 ZBA Application Fees 7806 $750.00 1 ZBA Application Fees 7809 $750.00 1 ZBA Application Fees 7808 $1,750.00 Total Paid: $5,250.00 Notes: Payment Type Amount Paid By CK#2332 $1,750.00 AMP, Architecture CK#2338 $750.00 AMP, Architecture CK#1234 $2,000.00 Finnegan Law, P.C. CK#28670140326 $750.00 Money Order Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: AMP, Architecture 10200 Main Rd. Unit 3 A Mattituck, NY 11952 Clerk ID: JENNIFER Internal ID:7808 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 October 5, 2023 Leslie Kanes Weisman, Chairperson and Board Southold Town Zoning Board of Appeals Town Hall Annex, 54375 Main Road, p Southold,NY 11971 �q �} + OCT 1 sU 20213 Owner: Christopher Lazos - Premises:1200 Leeton Drive, Southold ZONINGBOMOFAPPW Appeal# 7809 Dear Chairperson Weisman and Board: I apologize,the addition is NOT exempt. In my research of the Coastal Erosion Law Town Board public hearing and local law of January 29, 2013,the adoption resolution had the changes to Chapter 111 and 275 as one resolution. (see attached adopted Local Law 2013-90). The local law included"Wetland Law 275-4 Exceptions"—no wetland permit was required for construction over an existing structure. I misread Roman numeral III as Chapter 111 and did not see the reference to 275. Notwithstanding my error,the proposed project has been brought into consistency with the LWRP. Vurs, r P cia C. Moore cc: Mr. and Mrs. Lazos AMP Architecture S6uthold Town Board- Letter Board Meetir$W�Puary 29, 2013 OCT 6 2023 RESOLUTION 2013-90 ZONING BOARD OFAPPEA15 Item# 5.4 ADOPTED DOC ID: 8496 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2013-90 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 29,2013: WHEREAS,there had been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 18"'day of December,2012, a Local Law entitled"A Local Law in relation to Amendments to Chapter 111, Coastal Erosion Hazard Areas and Further Amendments to Chapter 275,Wetlands and Shoreline" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons will be given an opportunity to be heard,now therefore be it RESOLVED the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 111,Coastal Erosion Hazard Areas and Further Amendments to Chapter 275,Wetlands and Shoreline" that reads as follows: LOCAL LAW NO. J.. 2013 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 111,Coastal Erosion Hazard Areas and Further Amendments to Chapter 275,Wetlands and Shoreline". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town of Southold has the authority to administer a Coastal Erosion Management Program within its jurisdiction. One purpose of this chapter is to establish standards and procedures to protect natural protective features, expanding the definition to include wetland areas. Another purpose of this chapter is to regulate development activities in coastal areas subject to coastal flooding and erosion in order to prevent damage or destruction of natural protective features and other natural resources.Regulating how to calculate the building area with more specificity will aid in preventing unnecessary damage to the natural protective features and protect human life. A coastal erosion management permit is necessary for the installation of cable service landward of the shoreline structures,consistent to other similar services. Reference to Chapter 236, recognizes certain activities that require a coastal erosion management permit and also fall within the regulations of Stormwater Management. Generated January 30, 2013 Page 14 4 Southold Town Board - Letter Board Meeting of January 29, 2013 11. Chapter 111 of the Code of the Town of Southold is hereby amended as follows: §111-6. Definitions. ADMINISTRATOR --The local officials responsible for administrating and enforcing this chapter.The Southold Town Board of Trustees is hereby designated as the "Administrator." The Administrator designates the Southold Town Police Department Bay Constables and the Office of Code Enforcement as responsible for the enforcement of this Chapter. LIVABLE FLOOR AREA-- All spaces within the exterior walls of a dwelling unit exclusive of garages,breezeways.unheated porches cellars heater rooms and approved basements having a window area of less than 10%of the square foot area of the room. Usable floor area shall include all spaces not otherwise excluded above such as principal rooms utility rooms bathrooms all closets and hallways opening directly into any rooms within the dwelling unit. MAJOR ADDITION --An addition to a struetwe principal building resulting in a twenty-five- percent or greater increase in the reend area eevemgo building footprint of the stfuetur-e principal building other than an erosion protection structure or a pier,dock or wharf. The increase will be calculated as the pLoposed livable floor area , including any additions to the principal building previously constructed management peFmit as of the enactment date of this chapter,divided by the livable floor area of the existing st aetffe,as defined " xisfing stmewe —principal building. NATURAL PROTECTIVE FEATURE-A nearshore area,beach,bluff,primary dune, secondary dune, wetland or marsh and their vegetation. PRINCIPAL BUILDING-A building in which is conducted the main or principal use of the lot on which said building is located. UNREGULATED ACTIVITY --Excepted activities which are not regulated by this chapter include but are not limited to elevated walkways or stairways constructed solely for pedestrian use and built by an individual property owner for the limited purposes of providing noncommercial access to the beach;docks,piers, wharves or structures built on floats, columns, open timber piles or other similar open work supports with a top surface area of less than 200 square feet or which are removed in the fall of each year;normal beach grooming or cleanup; maintenance of structures when normal and customary and/or in compliance with an approved maintenance program; set up and maintenance of t2MWrary wildlife protective structures,• planting vegetation and sand fencing so as to stabilize or entrap sand in primary dune and secondary dune areas in order to maintain or increase the height and width of dunes;routine agricultural operations, including cultivation or harvesting; and the implementation of practices recommended in a soil and water conservation plan as defined in § 3, Subsection(12), of the Soil and Water Conservation Districts Law;provided,however,that agricultural operations and implementation of practices will not be construed to include any activity that involves the construction or placement of a structure. Generated January 30, 2013 Page 15 Southold Town Board - Letter Board Meeting of January 29, 2013 WILDLIFE PROTECTIVE STRUCTURES - Structures,temporary in nature,used for the sole purpose of protecting nesting and habitat of wildlife species. §111-10. Structural hazard area. The following restrictions apply to regulated activities within structural hazard areas: A. A coastal erosion management permit is required for the installation of public service distribution, transmission or collection systems for gas, electricity,water or wastewater and cable service. Systems installed along the shoreline must be located landward of the shoreline structures. §111-11. Nearshore area. B. Clean sand or gravel of an equivalent or slightly larger grain size is the only material which may be deposited within nearshore areas.-Any depesitien and WiU requires a coastal erosion management permit. §111-12. Beach area. C. Active bird nesting and breeding areas must not be disturbed unless such disturbance is pursuant to a specific wildlife management activity approved,in writing,by the New York State Department of Environmental Conservation. §111-14. Bluff area. Bluffs protect shorelands and coastal development by absorbing the often destructive energy of open water. Bluffs are a source of depositional material for beaches and other unconsolidated natural protective features. A. The following activities are prohibited on bluffs: (4) Disturbance of active bird nesting and breeding areas, unless such disturbance is pursuant to a specific wildlife management activity approved,in writing,by the New York State Department of Environmental Conservation. §111-25. Appeal to Board of Review. The Coastal Erosion Hazard Board of Review may,in conformity with the provisions of this chapter, reverse or affirm,wholly or partly, or may modify the order,requirement, decision or determination of the Administrator,including stop or cease-and-desist orders. Notice of such decision will forthwith be given to all parties in interest. The rules and procedures for filing appeals are as follows: A. Appeals may be made only by the applicant in the under! ijng decision Generated January 30, 2013 Page 16 Southold Town Board - Letter Board Meeting of January 29,2013 A.B. Appeals must be filed with the Town Clerk within 30 days of the date of the adverse decision. B.C. All appeals made to the Coastal Erosion Hazard Board of Review must be in writing on standard forms prescribed by the Board. The Board will transmit a copy to the Commissioner of the New York State Department of Environmental Conservation for his information. QD. All appeals must refer to the specific provisions of this chapter involved,specify the alleged errors,the interpretation thereof that is claimed to be correct and the relief which the appellant claims. §111-27. Coastal erosion management permit. A coastal erosion management permit will be issued for regulated activities which comply with the general standards(§111-9),restrictions and requirements of the applicable sections of this chapter,provided that the following are adhered to: C. Permits will be issued by and bear the name and signature of the Administrator and will specify the: (5) Period of permit validity. If not otherwise specified, a permit will expire ene y two years from the date of issuance. §111-29. Powers and duties of Administrator. The authority for administering and enforcing this chapter is hereby conferred upon the Administrator. The Administrator has the powers and duties to: E. _Designate the Southold Town Police Department, Bay Constables, and/or the Office of Code Enforcement to enforce T"aasm *written natiee of violations of this Chapter and notice of violations property owners or to other responsible persons. III. Chapter 275 of the Code of the Town of Southold is hereby amended as follows: Purpose. In order to continue to protect the natural state of the shorelines and wetlands within the Town of Southold,while balancing the rights of property owners,it is the purpose of these amendments to simplify the permit process,codify and clarify existing policies and conform certain regulations to environmentally accepted practice. §275-4. Exceptions. A. The provisions of this chapter shall not require a permit for the following: (10) Installation of new or replacement windows,roof shingles, solar panels, siding.or doors,on existing upland structures and second story additions that are made only addifiens within the existing footprint of an existin and are mAde te upland,ids peimitted structure. Generated January 30, 2013 Page 17 l Southold Town Board- Letter Board Meeting of January 29, 2013 §275-11. Construction and operation standards. A. General. The following standards are required for all operations within the jurisdiction of the Trustees: (6) Platforms. (a) Platforms associated with stairs may not be larger than-M 100 square feet. IV. SEVERABILITY If any clause, sentence,paragraph,section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. V. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. 04a4a� Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED [4 TO 1] MOVER: William Ruland, Councilman SECONDER:Jill Doherty,Councilwoman AYES: William Ruland,Jill Doherty, Louisa P. Evans, Scott Russell NAYS: Christopher Talbot ABSENT: Albert Krupski Jr. Generated January 30, 2013 Page 18 SUMMARY OF PROPOSED AMENDMENTS TO CHAPTER 111- COASTAL EROSION HAZARD AREA - AND TO CHAPTER 275 - WETLANDS AND SHORELINE THE PROPOSED LOCAL LAW AMENDS CHAPTER 111 OF THE TOWN CODE ENTITLED"COASTAL EROSION HAZARD AREAS,"AND CHAPTER 275 OF THE TOWN CODE ENTITLED "WETLANDS AND SHORELINE." THE PURPOSE OF AMENDING CHAPTER 111 IS TO CLARIFY DEFINITIONS TO BE CONSISTENT WITH THE INTENT OF THE REGULATION, CODIFY DEFINITIONS OF COMMONLY USED TERMS, AND CODIFY EXISTING POLICIES AND PRACTICES. THE PURPOSE OF AMENDING CHAPTER 275 IS TO CORRECT A SCRIBNER'S ERROR IN THE RECENTLY ADOPTED AMENDMENT TO CHAPTER 275 AS WELL AS AMEND THE SIZE OF PLATFORMS ASSOCIATED WITH STAIRS TO BE CONSISTENT WITH THE OTHER PROVISIONS OF CHAPTER 275 AND CHAPTER 111. SPECIFICALLY, SECTION 111-6 AMENDS OR CREATES THE FOLLOWING DEFINITIONS: ADMINISTRATOR, LIVABLE FLOOR AREA, MAJOR ADDITION, NATURAL PROTECTIVE FEATURE, PRINCIPAL BUILDING, UNREGULATED ACTIVITY, AND WILDLIFE PROTECTIVE STRUCTURES. SECTION 111-10 ADDS CABLE TO THE LIST OF SERVICES REQUIRING A CEHA PERMIT. SECTION 111-25 AMENDS AND LIMITS STANDING FOR APPEALS FROM DETERMINATIONS MADE BY THE ADMINISTRATOR TO APPLICANTS ONLY. SECTION 111-27 INCREASES THE PERIOD OF PERMIT VALIDITY FROM ONE YEAR TO TWO YEARS, WHICH WILL MIRROR THE TERM OF WETLANDS PERMITS. SPECIFICALLY, SECTION 275-4 CLARIFIES A PRIOR SC IB ER'S ERROR TO EXEMPT FROM THE PERMIT PROCESS THE INSTAL ON OF WINDOWS, ROOF SHINGLES, SOLAR PANELS, SIDING OR DOORS ON EXISTING UPLAND STRUCTURES AND SECOND STORY ADDITIONS MADE WITHIN THE FOOTPRINT OF AN UPLAND STRUCTURE. SECTION 275-11 INCREASES THE ALLOWABLE AREA OF PLATFORMS ASSOCIATED WITH STAIRS FROM A MAXIMUM 32 SQUARE FEET, TO A MAXIMUM 100 SQUARE FEET. THE FULL TEXT OF THE PROPOSED LOCAL LAW IS AVAILABLE FOR REVIEW IN THE TOWN CLERK'S OFFICE AND ON THE TOWN'S WEBSITE. TOWN OF SOUTHOLD � q ZONING BOARD OF APPEALS L47-v,5 SOUTHOLD, NEW YORK AFFIDAVIT OF In the Matter of the Application of: POSTING Chris C,rrl Maori55a Lazos (Name of Applicants) COUNTY OF SUFFOLK STATE OF NEW YORK I, AMhonV 1Vor-IIO residing at QZQO Main RUad, -NAJek NV 1-192 New York, being duly sworn, depose and say that: I am the ( ) Owner or (x) Agent for owner of the subject property On the 21 day of tet &mbe r. 2023, I personally placed the Town's - - Official Poster on subject property located at 1200 Lee-bo -DAJe So(,moo 16 N)l \q-1 I The poster shall be prominently displayed on the premises facing each public or private street which the property involved in the application or petition abuts, giving notice of the application or petition, the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall beset back not more than 10 feet from the property line. The sign shall be displayed for a period of not less than seven days immediately preceding the date of the public hearing of bcibk er tfh 2.023 (Owner gen ignature) Sworn to before me this a S Day of ` , 20 a 3 BARBARA H.TANDY Notary Public,State Of New York tary Public) No. 01TA6086001 Qualified In Suffolk County S Commission Expires0 Lazos Residence r,Y_ Address: 1200 Leeton Drive, Southold J� ZBA Hearing: October 5, 2023 Sign Posted: September 27, 2023 NOTICE OF HEARING d _ Tee Iglewmy"Pl4 I——b I—I 4)I Ilse SwMOM Tw,I F)-. •. • .• RowO d AP_—of Town N 11'SJ095 Main ReaE.3euVIWa -.r,�, - Tl.a aPPRstlien wW aM be araYaNs VIA ZOOM MEGWp" elbw Ilµ-11MK,•Ispsry.elMo�nr�.Ra+'caM./a NAME: LAZOS,CHRIS&MARISA 97809 - 1 SCTM R: 1000-59-1-1 ? VARIANCE:GROSS FLOOR AREA,LOT COVERAGE, '�\ MORE THAM 2•:STORIES REQUEST: CONSTRUCT ADO/TIONS AND +x5�4 ^� ,•'� ALTERATIONS TO AN EXISTING f.f SINGLE FAMILY DNELLING ( , DATE-. T UR&OCT.5,223 1A4o M _ r r v -- ` 94V./S Rj 10 f908b203-bd63-423e-a024-2db22f103ecd kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY,OCTOBER 5, 2023 at 10:00 AM PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning),Town of Southold,the following"IN PERSON" public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall,53095 Main Road, Southold, New York 11971-0959, on THURSDAY,OCTOBER 5,2023: The public_may ALSO have access to view, listen and make comment during the PUBLIC HEARING as it is happening via ZOOM WEBINAR. Details about how to tune in and make comments during the PUBLIC HEARING are on the Town's website agenda for this meeting which may be viewed at http://southoldtownny.gov/agendacenter. Additionally,there will be a link to the Zoom Webinar meeting at http://southoldtownny.gov/calendar.aspx. 10:00 A.M.-WALTER GLESS#7826- Request for Variances from Article XXIII,Section 280-124;and the Building Inspector's June 28, 2023 Notice of Disapproval based on an application for a permit to legalize the "as built" demolition of an existing residence(as per Town Code definition) and to reconstruct a single family dwelling; at 1) less than the code required minimum rear yard setback of 35 feet; located at 800 Koke Drive, (adj. to Corey Creek)Southold, NY.SCTM No. 1000-87-5-7. l 10:10 A.M.—QJSG PROPERTIES, LLC#7827-Request for Variances from Article III,Section 280-13C; Article III,Section 280-15;Article XXII, Section 280-105D(4); and the Building Inspector's May 9, 2023,Amended July 28, 2023 Notice of Disapproval based on an application for a permit to install additional deer fencing and to construct an accessory potting shed, a chicken run with coop, a goat barn,an accessory artist studio structure, barn, and two (2) hoop houses, and to legalize an "as built" accessory pergola, a greenhouse and two (2)sheds on rural residential property; at 1) the proposed artist studio use in the accessory building is not a permitted accessory use; 2) seven (7) proposed accessory structures located in other than the code permitted rear yard; 3)four(4) "as built" accessory structures located in other than the code permitted rear yard;4) deer fencing located in the non-permitted front yard or primary front yardjocated at: 38015 NYS Route 25, Orient, NY.SCTM No. 1000-15-2-15.7. 10:20 A.M.-JOSEPH C. MCCORMACK,JR.#7828- Request for Variances from Article XXIII,Section 280- 124, and the Building Inspector's June 28, 2023 Notice of Disapproval based on an application for a permit to demolish (as per Town Code definition) and reconstruct a single family SOUTHOLD TOWN BD OF APPLS 2 f908b203-bd63-423e-a024-2db22f103ecd Icimf@southoIdtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times dwelling; at 1) less than the code required minimum primary front yard setback of 35 feet;2) less than the code required minimum rear yard setback of 35 feet; located at: 2670 Stillwater Avenue, Cutchogue, NY.SCTM No. 1000-136-2-17.1. 10:30 A.M.- PATRICK MCELROY#7830-Request for Variances from Article XXIII,Section 280-124; Article XXXVI,Section 280-207A(1)(b);and the Building Inspector's May 25, 2023 Notice of Disapproval based on an application for a permit to demolish (as per Town Code definition)and reconstruct a single family dwelling; at 1)located less than the code required minimum primary front yard setback of 35 feet;2) located less than the code required minimum side yard setback of 10 feet;3) more than the code permitted maximum lot coverage of 20%;4)gross floor area exceeding permitted maximum square footage for lot containing up to 20,000 square feet in area; located at:440 Third Street, New Suffolk, NY. SCTM No. 1000-117-9-20. 10:40 A.M.- MICHAEL AND NICHOLAS GIACONE#7829- Request for a Variance from Article XXIII, Section 280-123, and the Building Inspector's May 3,2023 Notice of Disapproval based on an application fora permit to legalize "as built"front porch and rear deck attached to an existing seasonal dwelling; 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: 270 Park Avenue Ext., (Adj.to Deep Hole Creek) Mattituck, NY.SCTM No. 1000-123-8-27. - 10:50 A.M.-TRACY AND ALEXANDER SUTTON #7831-Request for a Variance from Article III,Section 280-14 and the Building Inspector's June 28,2023 Notice of Disapproval based on an application for a permit to legalize "as built" alterations to convert to habitable space in the attic (third floor) of a single family dwelling,and to rescind a condition of a permitted Special Exception; at 1) as per condition#4 stipulated in Special Exception file#7527SE,dated September 16, 2021 which states the third floor attic shall not be used as living space by owner nor by the Bed and Breakfast guests and is to remain unheated and unconditioned for storage use,only; located at 25500 Main Road, Orient, NY.SCTM No.1000-18- 6-10. 11:00 A.M. - ROBERTS. MARTIN#7833-Request for a Variance from Article III, Section 280-15,and the Building Inspector's May 23, 2023 Notice , of Disapproval based on an application for a permit to construct an accessory pool pavilion;at 1) located in other than the code permitted rear yard; located at: 1600 Little Neck Road,Cutchogue, NY. SCTM No.1000-103-4-13. 11:10 A.M. - KATHLEEN WALAS AND THOMAS SARAKATSANNIS#7835-Request Variances from Article XXIII,Section 280-124;Article XXXVI, Section 280-208A, and the Building Inspector's May 25, 2023,Amended July 7, 2023 Notice of Disapproval based on an application for a permit to demolish (as per Town Code definition)and reconstruct a single family dwelling with swimming pool addition; at 1) located less than the code required minimum front yard property line setback of 40 feet; 2) located less than the code required minimum side yard property line setback of SOUTHOLD TOWN BD OF APPLS 3 f908b2O3-bd63-423e-aO24-2db22f103ecd kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times 15 feet; 3) the construction exceeds the permitted sky plane as defined in Article XXXVI,Section 280-4 of the Town Code; located at:750 Brooks Road (adj.to Pipes Neck Creek,Greenport, NY.SCTM No. 1000-53-1-16. 1:00 P.M.-CHARLES DISAPIO AND XANNE PEREZ#7832-Request for a Variance from Article III,Section 280-13C,and the Building Inspector's July 13, 2023 Notice of Disapproval based on an application for a permit to legalize an "as-built" artist studio with a half bathroom in an existing accessory garage; at 1)the proposed use in the accessory building is not a permitted accessory use; located at: 5780 New Suffolk Avenue, (adj. to Deep Hole Creek) Mattituck, NY.SCTM No. 1000-115-10-7. 1:10 P.M.—EDWIN J. PISANI#7834SE-Applicant requests a Special Exception under Article III,Section 280-13C(13). The Applicant is owner of the subject property requesting authorization to establish an Accessory Apartment in an existing accessory structure;at:7180 Peconic Bay Boulevard, (adj.to Great Peconic Bay) Laurel, NY,SCTM#1000-126-11-9.1. 1:20 P.M.—WILLIAM AND STACEY BRENNEN#7837-Request for Variances from Article XXIII,Section 280-124;Article XXXVI,and the Building Inspector's July 24,2023 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling; at 1) located less than the code required minimum side yard setback of 15 feet; 2) located less than the code required minimum combined side yard setback of 25 feet; located at: 1050 Trumans Path (Adj.to Marion Lake), East Marion, NY.SCTM No. 1000-31-12-5.1. 1:30 P.M.—NORTH FORK PROJECT 2, LLC. & NORTH FORK PROJECT 3, LLC.#7836- Request for Variances from Article III,Section 280-14 and Article III,Section 280-15;and the Building Inspector's June 20,2023 Notice of Disapproval based on an application to create a two lot subdivision; at 1) proposed Lot 1 is less the code required minimum lot size of 80,000 square feet; 2) proposed Lot 1 is less than the required lot depth of 250 feet; 3) a Greenhouse located on proposed Lot 2 is less than the minimum required side yard setback of 20 feet; located at 10020 Sound Avenue and 9650 Sound Avenue, Mattituck, NY. SCTM No. 1000-122-2-8.1 and 1000-122-2-24.4. 1:40 P.M.-CHRIS AND MARISA LAZOS#7809—(Adj.from Sept.7,2023) 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, 2021 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(2 1/2)stories; 2)gross floor area exceeding permitted maximum sq.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. 2:00 P.M.- BUDD'S POND MARINA, INC.,AKA ALBERTSONS MARINA,WIRELESS CELL TOWER#7839: Request for Variances from Article XIII, Section 280-53; and the Building Inspector's August 9, 2023, Notice of Disapproval based on an application for a permit to construct a new SOUTHOLD TOWN BD OF APPLS 4 s f908b203-bd63-423e-a024-2db22f103ecd kimf@so utholdtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times wireless telecommunications facility; 1) having less than 160,000 sq.ft. as required for a second principal use (80,000 sq.ft. per principal use) in Mil Zoning District where a principal use as a marina with boat storage already exists; 2) located less than the code required minimum rear yard property line setback of 25 feet; 3)more than the code permitted maximum lot coverage of 30%; located at: 61405 Main Road,Southold, NY. SCTM#1000-56-3-15. 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: September 21, 2023 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road(Office Location) P.O. Box 1179,Southold, NY 11971-0959 i SOUTHOLD TOWN BD OF APPLS 5 i f908b203-bd63-423e-a024-2db22f103ecd 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: September 28,2023 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 Henle Rea Printed Name Subscribed and sworn to before me, This 29 day of September 2023 L;ty Sign ure7 ,``` AS���;'�10" S TAX:FE OF NEW YORK . 'OTARY PUBLIC ALB\NY Notary Public Stamp ''o, S'. •••••��c�b � 1'' SION E-/, \ ,o I,j,,"HaaaaaaauaHN�a SOUTHOLD TOWN BD OF APPLS 1 I'urV� � 'V From: Iroma98 <Iroma98@ao1.com> RECEIVED Date: Sep 5, 2023 at 9:06 PM OCT 0 To: Kimf<kimf@southoldtownny.gov> 3 2023 Subject: Chris& Marissa Lazos-1200 Leeton Drive, Southold Zo nin9 Boar -� d 0'Appeafs3� To: The Town of Southold and The Southold Zoning Board We, Alfonso Romano and Antonia Romano (residents of 1380 Leeton Drive in Southold), are writing this letter to express our support of our neighbors Christopher and Marissa Lazos (residents of 1200 Leeton Drive in Southold) in their plans to build an addition to their beachfront residence. They have already informed us regarding the details of these plans and we have no issue or objection to them. Having been residents of Leeton Drive for approximately thirty years and having come to know the Lazos family for the past four, they have become a wonderful part of our community and our little neighborhood. We are more than thrilled to see this construction get underway and, of course, how beautiful their home will turn out to be. Leeton Drive is a lovely little street with a stunning view and we have no doubt that the Lazos' plans will only add to that. If you have any questions or need to contact us, please do not hesitate to call us or our daughter, Luisa DellaVecchia, at (917)939-1758. Sincerely, Alfonso and Antonia Romano tau dL ��`3I2 D oRECEIV ED September 6, 2023 L�oning CT.0 3 2023 Zoning Board of Appeals Town of Southold 54375 Main Road Southold, NY 11 Board of gppeais Dear Members of the Board, `�---�___ S- I am writing in connection with the Request for Variance#7809 from Chris and Marisa Lazos relating to their property at 1200 Leeton Drive in Southold. My husband Ronald Restivo and I purchased the property located at 1225 Leeton Drive this year, and are located across the street from Lazos home.We have reviewed the files available on the Town website and do not have any objection to the proposed Variance. Please contact me at 917.664.5738 if you have any questions. Kind regards, Nicole Restivo 1225 PH LLC RECEIVED From: silver217@aol.com <silver217 aol.com> OCT 3 Z0; Date: Mon, Sep 4, 2023 at 3:45 PM 3 fI Subject: Chris and Marisa Lazos #7809 Zon. To: kimf(c)-sutholdtownny.gov <kimfO-sutholdtownny.gov> ItI9 Board of APPeais CC: Christopher Lazos <christogher.lazos o-o gmail.com> �'--- - Dear Ms. Weisman, The purpose of this email is to let you know of my wife's, Priscilla, and my full support of Chris and Marisa Lazos "variance request#7809." Priscilla and I have owned our home in Southold, at 1110 Leeton Drive, since 1980 and enjoy spending the summer there with our family and friends. Our Southold home has, and continues, to bring us immense pleasure and our neighbors, the Lazos, help to make Southold very special. Marisa and Chris have been our neighbors since 2019. Their property is always well kept with lovely landscaping and clean beach. They have three beautiful children who visit with us often and add to our enjoyment of living in Southold. When we received your"legal notice"we immediately volunteered to give Marisa and Chris our full support. They have a growing family that clearly needs additional living space and, hopefully, you will conclude the same. The Lazos are a very positive addition to our beautiful Southold community, and we sincerely hope you will arrive at a positive resolution to their appeal of constructing an addition to their lovely home. Thank you. Priscilla & Sergio Sedita 1110 Leeton Drive Southold, NY 11971 (631) 765-2707 Reply allReplyForward �J JJ �� Wh PATRICIA C. MOORE Attorney at Law 51020 Main Road RECEZVEp Southold,New York 11971 Tel: (631) 765-4330 OC1 Q'3 2423 Fax: (631) 765-4643 oaarrd f P,ppea\s Zoning$c October 3,2023 Leslie Kanes Weisman, Chairperson and Board Southold Town Zoning Board of Appeals Town Hall Annex, 54375 Main Road, Southold,NY 11971 Owner: Christopher Lazos Premises:1200 Leeton Drive, Southold Appeal#7809 Dear Chairperson Weisman and Board: On behalf of Christopher Lazos and his family, we respectfully request that the following information in support of their application be made part of the file: The proposed project does not extinguish any vested rights to the existing structure. The Town's records show that the existing house was originally located further seaward. In 1978, the then-owners requested to relocate the house landward, and away from the Long Island Sound. In order to move the house, an area variance was obtained on November 30,1978 from the Zoning Board of Appeals (appeal#2494). The existing house (all floors of the existing house) were constructed and made legal by the area variance granted in 1978. The following points are important to highlight in support of the variance: BUILDING DEPARTMENT RECORDS & ASSESSOR's RECORDS 1) Building Department records show that the house, as is, was improved with all the required permits. A building permit(#10115)was obtained in 1979 for a new foundation with piles and walls. With the variance,the existing house was moved to the new location away from the Long Island Sound. Town records indicate that the lower level(finished basement)was constructed at that time. 2) Town Assessor's property card has several photographs of the house attached, as well as notations on the card. The assessor's office provided a copy of all the photographs of the existing house which correlate to the building permits issued and is attached as Exhibit A. • 1" undated photograph: The original one-story house, before it was moved, (building permit#2942 from 1965) • 2nd photograph dated 4/1979: shows the moved house on piles matching a building permit# 10115 issued 2/26/79. • 3rd photograph dated 1/1980 shows the house with the garage below and the finished lower floor. This photograph was taken prior to issuance of the CO on 10/31/80. Also,the property card notes a"full basement". The space remains the same today. • 4th photograph dated 12/2011 when a building permit was obtained for the reconstruction of the deck. The assessor's photograph dated 12/11 shows the reconstructed deck,re-shingled house, and replaced windows. In 2014, a pre-CO was issued by the building department which confirmed that the original house pre-dated zoning (Pre-CO#47328),the house had a deck(Building Permit #2942), that the house was moved(Building permit#23407), and thereafter additional permits were issued for the larger deck(Building permit36580) and a shed addition(Building Permit #23407). The existing house and all existing improvements are well documented by the Town of Southold. The Board at the hearing acknowledged that the lower story (Basement)has a Certificate of Occupancy and this application does not include any changes to that space. In the application before the Board, the applicants testified that the request for a variance is to provide living space (Bedrooms) for their children. In order to accomplish this,the architect, Anthony Portillo of AMP Architecture, has proposed adding living space directly over the existing structure. The existing structure is a"pre-existing" structure and under both the FEMA regulations and the Coastal Erosion Hazard Law(Chapter 111), existing structures which predate adoption of the regulations may remain. The proposed addition over the existing structure is permitted under both regulations as will be more fully explained below. VARIANCES REQUESTED 1. 280-207 (Gross Floor Area). The existing house was built on a"lot", according to the assessment card and the prior appeal, which is a half-acre parcel. However due to a change in the zoning code definition of"buildable area" after the house was constructed, the"lot"now has a reduced buildable area of 16,595 sq.ft. The Board was provided with an analysis of the gross floor area of homes within 500 feet of the parcel. Based on the analysis,the applicant has shown that the application conforms to the "Average GFA of dwellings in the immediate area". The standard for the grant of a variance from the GFA has been satisfied. 2. A third story is requested. The Southold Town Code has conflicting purposes and policies within the Town Code. The bulk schedule limits development to 2 %2 stories. However,the property is also affected by Chapter 111, The Coastal Erosion Hazard Area designation. One of the primary purposes of the Coastal Erosion Hazard Law is to limit disturbance to the natural protective features on the property. The proposed addition conforms with this policy. The proposed addition is "Exempt" from the Coastal Erosion Permit requirement because the proposed addition is over the existing `footprint" of the principal structure.(see Chapter 111-6) The only change I to the footprint is the staircase (approx..I 15sq.ft). The staircase is less than 25% of the livable floor area and is therefore,by definition, a"minor addition". Any modification to the design that requires a change to the footprint will result in a Coastal Erosion Hazard permit application for a"major addition." Also, any change to the footprint of the house would increase the lot coverage. A larger lot coverage variance would be required to accomplish the same total Gross Floor Area of the existing living area and proposed addition. Construction over the existing structure results in the minimum lot coverage variance required. The benefit for the applicant to pursue cannot be achieved without the requested variance for the living area over the existing principal structure. Moreover,the building department has determined that the proposed addition(3rd story) is not defined as"demolition",therefore FEMA and the NY State Building Code will not require the first story finished basement)to be modified. This is an extremely significant determination to the applicant because it affects their budget, the scope of work intended, and the regulatory review. There were questions raised by the Board at the first hearing regarding elimination of the existing basement. The applicant does not propose any changes to the finished basement. The basement is connected to the primary floor(2°d floor)by an existing circular staircase. The basement is currently used as the family's recreation room, with a full bathroom, storage, and existing garage. It would be unreasonable to require an owner to extinguish an established, legally authorized living space in order to obtain approval for a variance to add what is, by design and use, a 2nd floor to an existing house. This was discussed, considered by the applicant,but rejected because the proposed additional living space (3rd floor) does not restore the square footage of living space (recreation room and full bathroom)now in the basement. If the Board conditions their approval of the variance on elimination of the basement as living space,the project would be jeopardized. The only option to the applicants for additional living space would be to expand the footprint by 798 sf(Basement square footage). The proposed application is reasonable and practical. The existing house was moved away from the shore in 1980,has not experienced effects of flooding or erosion in the last 40 years, and the proposed addition causes the least impact to the property or the natural features on the property. The proposed addition is consistent with other homes on Leeton Drive and environmental regulations and should be approved, as requested. 3. Lot Coverage is an issue because long after the existing house was constructed, the code definition of"lot"now only includes the "buildable area". The existing house and proposed addition over the existing house do not increase the lot coverage. The only change to the lot coverage is approximately 115 sq.ft. for the staircase resulting in a de minimis change to the existing lot coverage (1.9%). The staircase will comply with the FEMA regulations since it is new construction, the staircase is not connected to the basement. The staircase provides access between the 2"d and proposed Yd floor. The existing second and proposed third floor are above flood elevation. When the Board weighs the benefit to the applicant if the variance is granted as weighed against the detriment to the health, safety, and welfare of the neighborhood or community by such grant we believe that the application, as submitted, meets the enumerated standards of an area variance and should be granted for the following reasons: 1. An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if the variance is granted. Southold Town Code 280-207 (2)(c)requires an applicant to provide the GFA calculations of the neighboring parcels within 500 feet of the subject parcel;this addresses the character of the neighborhood. In review of the variances granted on Leeton Drive, almost every parcel has been the subject of a variance application and has been granted a variance. (Exhibit B-attached list of variances) In review of the variances, new homes or additions to existing homes, are similar to the proposed application. The homes, after construction, are primarily two stories. There is a garage on the first level (below the 2nd floor)with some finished space (doors and windows are visible) and the primary living space is on the 2nd and 3rd floor. None of the variance applications addressed the basement level. In a review of the variances granted on Leeton Drive,the basements (lowest floor)were not part of the building department or zoning board review. The variances on Leeton Drive address lot coverage and setbacks. Additions over existing structures or two story structures were all similarly treated and granted the requested variances. All the existing homes on Leeton Drive are comparable to the applicant's home. 2. The benefit sought by the applicant cannot be achieved by some method feasible for the applicant to pursue, other than an area variance. As has been previously discussed, the"3rd floor" is by use and design, a second floor to the existing house. The size of the addition is limited to the footprint of the existing house in order to conform with Chapter 111. Other homes on Leeton Drive expanded beyond their existing footprint if their foundation was inadequate to support a story over the existing house. The result of the expansions of the existing story are larger homes with greater lot overage. The building department is not requiring the applicant to abandon the existing basement. The request to construct living space over the existing house is reasonable and avoids increase of the lot coverage. 3. The amount of relief requested is not substantial. The requested relief is the minimal relief practical in light of other regulatory constraints. The proposed addition has been carefully deigned to avoid"demolition" and preserve the value, and the established use of the existing house. What appears on the Certificates of Occupancy for the existing house will not be materially altered. 4. The variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The proposed addition conforms to Chapter 111. The new staircase from the 2nd to the 3 floor is the only new construction beyond the existing footprint. The natural protective features on the parcel are maintained. A new sanitary system will be installed even thought the existing system may be adequate. The proposed improvements to the property will not cause adverse impacts to the neighborhood or the district. 5. The alleged difficulty has not been self-created. The existing house was moved away from the Long Island Sound in 1979. The existing house predates the overlapping regulations which affect the property and the proposed addition over the existing structure is the preferred manner to improve an existing house in a coastal erosion hazard area. The proposed addition over the existing house is no different than what has been described in some cases as 2nd floor additions, as constructed in the last 40 years, on Leeton Drive. RESPONSE TO LWRP LWRP- On August 22, 2023 the Board received the LWRP determination of "inconsistent" : We disagree with the conclusions of the UAW. Policy #4.1 Loss of human life and structures from flooding and erosion hazards. The LWRP coordinator sited Chapter 111 as the basis for the determination. However, as previously discussed,the proposed addition is specifically "Exempt"because the addition is proposed over the existing principal structure. Therefore,the proposed addition would either be considered"Exempt" or"consistent"with policy 4.1 of the LWRP. Policy #4.2 Protect and restore natural protective features. The purposes of construction over the existing structure is to limit disturbance to natural protective features. The property is currently developed. Seaward of the house will remain natural and undisturbed. Even the developed portion of the parcel has natural indigenous drought tolerant vegetation. The applicant intends to maintain the existing vegetation,to the greatest extent practical. The haybales and silt fence delineate the area of disturbance. As is typically a condition of the Trustee's permit, the parcel will remain natural, i.e. no lawn(no turf). The only new construction is a"minor addition" significantly less than 25% of the livable floor area . Therefore,the addition is "consistent"with policy 4.2. The proposed development will comply with FEMA regulations. Any new structures (i.e. the stairs from the second floor to the third floor) comply with FEMA (i.e. break- away walls.) The existing house was relocated away from the water in 1980 and is currently further landward than many of the homes on Leeton Drive. In accordance with the LWRP policies, the applicant has incorporated mitigation to address any unavoidable impacts of the proposed development and bring the project into greater consistency in the following manner: 1. the project will include storm-water management. 2. the project will include replacement of the existing sanitary system which would otherwise not be required. The relocation of the house in 1980 would have included a new sanitary system. The existing bedrooms are being relocated to the proposed 3rd story and a certification of the existing sanitary system would satisfy the HD requirements.Nevertheless, as additional mitigation, a new IA system will be installed. The project, as proposed, reduces the disturbance of the property. Since the project is not"demolition", the first floor and most of the second floor(other than the roof) is not affected by the proposed addition. Finally, it should be noted that the area variance legal standards in 1978 were more stringent than the legal standards adopted by the State of New York in 1991 and are applicable today. Therefore, the existing house with the existing finished basement was approved under the most stringent legal standards for grant of a variance (i.e. practical difficulty and unnecessary hardship). Certain Board members have expressed their opinion that if the finished basement were abandoned,the proposed 3`d story becomes a 2nd story and therefore conforming. A variance for the 3`d floor would not be required. However, destruction of a legal living space has significant detrimental environmental, financial, and practical impacts for the family. The existing finished basement does not need to be changed. This area is 798 SF with the family's recreation room and a full bathroom. The footprint of the house cannot be expanded under the Coastal Erosion Hazard Law("CEHL"). An expansion of the footprint to replace the loss of 798 SF of living space would be defined as a"Major Addition"under the CEHL (Chapter 111) and require a variance from the CEHL. The propose 3`d story is for bedrooms. The primary floor(2nd floor) is not changing. All the rooms on this floor remain. The elimination of the finished basement is not a viable option for the family. The alternatives would result in greater environmental and regulatory issues than the proposed 3`d story addition. The applicant, by their architect, have considered all the alternatives and the proposed application meets the standards for the area variances. I have also delivered letters of support from the neighbors for your records. L:Zic;iaC.�Moore urs, cc: Mr. and Mrs. Lazos AMP Architecture t �1 _ _ __-w 1 59.-1-1 12/11 a -- r Owner: Christopher Lazos Premises:1200 Leeton Drive, Southold Appeal#7809 1000-59-1-1 VARIANCES IN NEIGHBORHOOD 1000-59-1-3.1 1110 Leeton Drive, Southold#2584 8-16-79—permission to divide property 1000-59-1-21.6 1300 Lake Drive, Southold#39415/30/90-new house (landward side of street) 1000-59-1-22 620 Lake Drive, Southold#5293 5/1/3 (2nd story over existing); #2323 8/25/77 AND #2860 9/3/81 1000-58-2-2 1380 Leeton Drive, Southold#45918/24/88- additions & alterations to existing house-expanded footprint because foundation could not support a 2nd floor 1000-58-2-1 1300 Leeton Drive, Southold#5519 6/3/04 2 story with lower level -New House footprint(75' x 30') 1000-58-2-11 1840 Leeton Drive, Southold#6109 2008 (bulkhead) existing house moved landward&with addition 1000-58-2-12 1910 Leeton Drive, Southold #6135 demo house and reconstruct 2 story above foundation 1000-58-2-5 1580 Leeton Drive, Southold #6218 house raised and replaced deck 1000-58-2-13 #6242 1980 Leeton Drive, Southold 5/28/09 Additions &Alterations-2nd story addition over existing footprint(with lower level) w " ie following application will be heard by the Southold Town E yard of Appeals at Town Hall, 53095 Main Road, Southold: " ie application will also be available VIA ZOOM WEBINAR= F 3Ilow linkmhttpm.//southoldtownny.gov/calendar . 'AME : LAZOS , CHRIS & MARISA #7809 CTM #: 1 000-59- 1 - 1 ' VARIANCE: GROSS FLOOR AREA, LOT COVERAGE, MORE THAN 2 '/2 STORIES r,EQUESTm CONSTRUCT ADDITIONS AND ALTERATIONS TO AN EXISTING SINGLE FAMILY DWELLING DATE : THURS . OCT. 51 2023 7 :40 PM You may review the file(s) on the town's website under Town RecordslWeblink: ZBAIBoard Actions/Pending. ZBA Office Telephone (631 ) 765-1809 q F 01 a 1� Town Hall Annex, 54375 NYS Route 25 P.O.Box 1179 Cz Southold, New York 11971-0959 Fax(631)765-9064 ZONING BOARD OF APPEALS DATE: September 5, 2023 _ RE: INSTRUCTIONS FOR PUBLIC HEARING Dear Applicant; Pursuant to the New York State Governor's announcement lifting many COVID-19 restrictions, the Town will now resume IN-PERSON meetings that are open to the public. For those who wish to attend the meeting virtually, for health and safety reasons, we will continue via Zoom Webinar, as well. Therefore, the October 5, 2023 Zoning Board of Appeals Regular Meeting will be held BOTH in person in the Town Hall Meeting Room at 53095 Main Road, Southold AND via video conferencing (Zoom Webinar), and a transcript will be provided at a later date. The public will have an opportunity to see and hear the meeting live, and make comments: lBe'07 sesee;instructions required .to-prepare for the ZBA public=hearing which includes: PLEASE READ CAREFULLY. 1. Yellow sign to post on your property a minimum of seven(7) days prior to your hearing, to be placed not more than 10 feet from the front property line (within your property) bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both street frontages. Posting should be done no later than September 28, 2023. To avoid weather damage to_your sign please affix it to a sturdy surface such as plywood. If your sign is damaged please call the office and we will provide you with another one. Prior to your public hearing, members of the Board of Appeals will each conduct a personal inspection of your property. If a Board member reports that there is no signage visibly on display as required by law,your scheduled hearing will be adiourned to a later date to ensure compliance with Chapter 55-1 (B) 1 of the Town Code. 2. SC Tax Map with property numbers. 3. Legal Notice of in person meeting,as well as video conferencing. Instructions for participation will follow, and will be posted on the Town's Website under the meeting date, and the Legal Notice section of Suffolk Times Newspaper. 4. Affidavits of Mailings and Posting to be completed by you, notarized, and returned to our office along with the mailing receipts and green cards by September 28, 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. 1 - Instructions for ZBA Public Hearing Page 2 MAILING INSTRUCTIONS: Please send by USPS Certified Mail,-Return Receipt the following documents to all owners of property (tax map with property numbers enclosed) vacant or improved, which abuts and any property which is across from any public or private street. We ask that you send your mailings promptly so that if any piece is undeliverable, you can reach out to your neighbors to request their mailing addresses, and re-mail. Mailing to be done by September 18,2023. 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@southoldtommu.gov or elizabeth.sakarellosgtown.southold.n�us c. Instructions for Laserfiche/Weblink to view all pending applications. (Enclosed) Link to view pending applications: http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. d. Survey or Site Plan depicting"as-built" and proposed improvements requiring ZBA relief. The Town's Laserfiche/Weblink files provides both location addresses and mailing addresses in their current Assessment Roll listing. (See Link Below). Also,the Town Assessor's Office can be reached at 631-765-1937. Contact us via email or by phone if you need further assistance. TownOfSouthold>Assessors> Assessment Books/Tax Rolls https://southoldtownny.gov/DocumentCenter/View/9694/TentativeRoII2023 IMPORTANT MiSTRUCTIONS:: - :'.fir •,F•., ''.aa• - _'jr - ',:•' Jvi:-;.-' ;ys -.'�i s:F.^.,..�.;C,'..'pt•.ai:�i' - _iy_ .:;• . _-«a0.;+: _ �S.can a'nd email:- 'he "SPS, in ;recei is =greenfsignatu're cardsy and affidavits to kiimf(a�soutlholdto_wnny gov;and PROMP`TLY.IISPS,MAIL m the:ORWAN�ALS`:t6 ,��+'-' �S'"�k71 ,.. ��i�:. r��'w�dr,���'��'� k� �`:r���; - ;-a: ••-, - -•a.'. ... P."02w1179' Itlie Town�of:S:outhold,�ZBA,d � ,:Soutliold,. ,• r � ` Please note that without your mailing receipts, the ZBA will be prevented from conducting your hearing,pursuant to Chapter 55 of the Southold Town Code and New York State Law. Please note that you or your representative are required to attend. If you or your representative are not present, the hearing will be adjourned to the next available hearing date. Please be reminded that New York State Law requires the ZBA to follow the above specific policies. If for any reason, you are unable to prepare for your public hearing as instructed, please let us know. Kim E. Fuentes—Board Assistant TOWN OF SOUTHOLD L4-z ZONING BOARD OF APPEALS Appeal No. SOUTHOLD, NEW YORK AFFIDAVIT OF In the Matter of the Application of: MAILINGS c, aA& M4VVXsC'\ I-f-11-0S (Name of Applicant/Owner) 1200 (�R.c�vn ��� �O��h�l� rU�� SCTM No. 1000- J ® � (Address of Property) (Section, Block & Lot) COUNTY OF SUFFOLK STATE OF NEW YORK I, ( ) Owner, ()6 Agent AM? Archi���k_«—�,_ J�k6t4 �c�t!�� d � 0 residing at CIO U VIA m A �� 3 A � �u'�""�'t�u� New York, being duly sworn, deposes and says that: On the 2. 2 day of V sk �, 2023, I personally mailed at the United States Post Office inlel.:`..i VV LLC. , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll Verified from the official records on file with the ( Assessors, or( ) County Real Property Office, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. (Signature) Sworn to before e this 13tday o f 20013 BARBARA H.TANDY Notary Public,State Of New York �. No. 01 TA6086001 -- Qualified In Suffolk County (Notary Public) Commission Expires20 S'atJo,�j PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. All original USPS receipts and mailing confirmations to be submitted to the ZBA Office along with this form completed, signed and notarized. Postal CERTIFIEOM@ . oRECEIPT oe. / CO s o / C3 CIO 1{l?It i:l l�tai�fE ._tt'i'W •f`6'n fa; .�>� 7 rf p a-... I {{ 7 r; •t- m �.,✓j a3 M` t: Z..:: tj :.s`"i i.i:s!'..- S;l p��i...�=^� 7[1Retum �LIt,�J. 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A. Signature ■ Print your name and address on the reverse X so that we can return the card to you. +� 6 �/ O Addressee ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of elive or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 17 ❑ es �'115 ?1+ LLC If YES,enter delivery address below: ❑No ; I IU5 1CCt-Un D�- 3. Service Type 13 III 111111 IIII III11 I l l 11l III III I I II I I III I I I I III ❑Q Adult Adult Signal Express@ turre Restricted Delivery 13 Registered edlMa l Restricted. 9590 9403 0380 5163 6108 51 ❑Certified Mai(® Delivery Certified Mal Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise o Ar+irin nu,.,,r,e.rTr� 1F.s....,, r..a,-n n('ollect on Delivery Restricted Delivery ❑Signature Confirmation""' 7 0 2 2 2 410 0002 0223 6960 tsured Mail ❑Signature Confirmation _tsured Mail Restricted Delivery Restricted Delivery , 7•ver$500) PS Form 3811,April 2015 PSN 7530-02-000-9053 Domestic Return Receipt ( i AM P Architecture Address:10200 Main Road,Unit 3A,PO Box 152,Mattituck NY 11952 Design + Build Phone:(631)603-9092 -1 � Lazos Zoning Board Hearing#7809 1200 Leeton Drive,Southold NY 11971 SCTM: 1000-59-1-1 58-2-1 1300 Properties, LLC 1300 Leeton Drive Southold, NY 11971 59-1-3.1 Pricilla and Sergio Sedita 1110 Leeton Drive Southold, NY 11971 59-1-14 1225 PH LLC 1225 Leeton Drive Southold, NY 11971 colOPLETE THIS SECTION • ON ON DELIVERY ■ Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverse X S o that we can return the card to you. gent ; .■ Attach this card to the back of the mailpiece, ddressee i B. ReceivseL by rite Name) C.'D e ol Delivery or on the front if space permits. 1^Art�icle Addressed to: f D. Is delivery address different from item 17 10 Yes (I/►��91TU IIf YES,enter delivery address below: [3No"`TTT l! Salthdd &M IIq-:� IIIIIIIII �1038�111633. Service Type ❑Priority Mail Express® ❑Adult Signature ❑RegisteredMaliTM❑Adult Signature Restricted Delivery ❑Registered Mall Restricted9890 94 6108 44 ❑Certified Mail® Delivery j ❑Certified Mail Restricted Delivery ❑Return Receipt for j ❑Collect on Delivery Merohandlsa {} 2. Article Num6ar_?ransfer from sery/ra/ahr l_ ___ ❑Collect on Delivery Restricted Delivery 13 Signature i . 1 ConfirmatlonTM ..ured!Mail7Q22 24;1p; Q©02 p'223i 69'77 s Signature ivrytion MdMailRestricedDelivery 9R stricted Delivery PS Form 3811,April 2015 PSN 7530-02-000-9053 Domestic Return Receipt ; . r TOWN OF SOUTHOLD '� ZONING BOARD OF APPEALS Appeal No. SOUTHOLD, NEW YORK AFFIDAVIT OF In the Matter of the Application of. MAILINGS UX\1 S ()A(� _PO-6 S k 44k-7,0S (Name of Applicant/Owner) ('—yo t_4_p,+u^ G>C' S-c),rV6(0k Vj SCTM No. 1000- 6q -1 (Address of Property) (Section, Block & Lot) COUNTY OF SUFFOLK STATE OF NEW YORK I, ( ) Owner, ( Agent ! 1�' _ Aro11 ec,�iJC--e-, & b&V residing at 0 Z 0 q AA1,A i-c ?,4 044f4; tV&& - New York, being duly sworn, deposes and says that; L On the 30 day of u v5` 2023, I personally mailed at the United States Post Office in New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll Verified from the official records on file with the (X Assessors, or ( ) County Real Property Office, for every property which abuts and is across a public or private street, or vehicular right-of-way of record,.surrounding the applicant's property. ignature) Sworn to before e this BARBARA H.TANDY day of , 20a3 Notary Public,State Of New York No. 01 TA6086001 Qualified in Suffolk County Commission Expires e#*Wo aWa-7 (Notary Public) PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. All original USPS receipts and mailing confirmations to be submitted to the ZBA Office along with this form completed, signed and notarized. AM P Architecture Address:10200 Main Road,Unit 3A,PO Box 152,Mattituck NY 11952 Phone:(631)603-9092 Design + Build Lazos Zoning Board Hearing#7809 1200 Leeton Drive,Southold NY 11971 SCTM: 1000-59-1-1 58-2-1 1300 Properties, LLC 21 Highfield Drive Dix Hills, NY 11746 i TOWN OF SOUTHOLD � ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK AFFIDAVIT OF In the Matter of the Application of: POSTING �Jh(, s OA Jh CA 0% Gaze S (Name of Applicants) COUNTY OF SUFFOLK STATE OF NEW YORK 1, Adv%oai Poi o residing at J() LU 0 AAC4tiA New York, being duly sworn, depose and say that: I am the ( ) Owner or ()Q Agent for owner of the subject property On the oday of�AJ!elg s , 2023, I personally placed the Town's Official Poster on subject property located at;. 1-2-00 LeAlo^ 0\� - 1 The poster;,shall be prominently displayed on the premises facing each public or private street which the property involved in the application or petition abuts, giving notice of the application or petition, the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall beset back not more than 10 feet from the property line. The sign shall be displayed for a period of not less than seven days immediately preceding the date of the public hearing of Sfp+-e�M��� (Owner/Aa t Signature) Sworn to before me this Day of. 120 a3 BARBARA H.TANDY Notary Public,State Of New York (N ary Public) No. OITA6086001 Qualified In Suffolk County Commission Expires S-, dad-] Lazos Residence Address: 1200 Leeton Drive, Southold ZBA Hearing: September 7, 2023 Sign Posted: August 28, 2023 - _ Illlli NOTICE OF HEARING 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.httpJ!southoldtownny.govfealendar NAME: LAWS,CHRIS&MARISA #7809 SCTM#: 1000-59-1-1 VARIANCE:GROSS FLOOR AREA,LOT COVERAGE. MORE THAN 2%STORIES M t REQUEST: CONSTRUCT ADDITIONS AND ALTERATIONS TO AN EXISTING SINGLE FAMILY DWELLING "4.i DATE: THURS.SEPT.T,2023 10:10 AM —1 r w.,a .wea mak.zsasuaa s w > • 'i'; ♦ •' � e s. -aF �7�71:'Ir: ,.ewe �.r A PIT io } 114 688af5-d3ae-4581-blb5-d217d877411e kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times 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"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 TH U RS DAY, 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.aspx. 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(2 1/2)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 1 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 ya rd; located at: 2662 Long Creek Drive,Southold, NY.SCTM No. 1000-56-1-11.17. 10:40 A.M. -BERRY P. 2021 APRT#7818-Request for a Variance from Article XXII,Section 280-116A(1) and K 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) Greenpdrt,NY.SCTM No. 1060-40-1-20.1. 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 f e4688af5-d3ae-4581-b1b5-d217d87741le I(imf@southoldtownny.gov AFFIDAVIT OF PUBLICATION 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/webl inl</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 ary !gnat o`alet191111111//p/j,/' 31 a r STA`r E � OF NEW PORK . - ? : NOTARY PUBLIC Notary Public Stamp A1. \N\NY o' ////°eeallle uull°I��\` SOUTHOLD TOWN BD OF APPLS 1 h 1795 Leeton Drive Southold, New York 11971 September 61 2023 C� l� v RECEIVED Board of Appeals Town of Southold SEP. :0 7 2023 Town Hall Zoning Board of q 53095 Route 25 Appeals Southold,New York 11971 Re: Application for Variance SCTM # 1000-59-1-1 Lazos, Chris & Marisa#7809 1200 Leeton Drive Southold ("Subject Property") Honorable members of the Board: I am a resident of 1795 Leeton Drive. Pursuant to Article XXVI of Section 280-146 of the Town Code, the Board of Appeals has the power to grant variances "where there are practical difficulties or unnecessary hardships" (emphasis added) in applying the Town's regulations. The owner of the Subject Property has requested variances for: relief from the 20% limit on lot coverage, exceeding gross floor area and construction of a third floor. The application contains no references to any practical difficulties or unnecessary hardships and therefore has not met the express requirements for approval of the variance request. Therefore I would respectfully request that the application be denied. Very truly yours, CL Caroline P. Yates Westermann, Donna From: Noncarrow, Denis Sent: Thursday, September 7, 2023 7:08 AM To: Fuentes, Kim;Westermann, Donna Cc: Norklun, Stacey Subject: FW: Comments for Board of Appeals Meeting September 7 at 10 am Attachments: Comments For SCTM #1000-59-1-1 Lazos.pdf RECEIVED Denis Noncarrow Southold Town Clerk. SEPA 7 2023 Town of Southold, New York r www.southoldtownny.gov denisn @south oldtownn V.go Zoning Board of Ap����� 631-765-1800 CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the'use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication. From:Caroline Yates [mailto:rcyates9l@gmail.com] Sent:Wednesday,September 6, 2023 10:07 PM To: Noncarrow, Denis<denisn@southoldtownny.gov> Cc:Caroline Yates<rcyates91@gmail.com> Subject: Comments for Board of Appeals Meeting September 7 at 10 am Dear Mr.Noncarrow, Please enter my comment letter into the record for SCTM# 1000-59-1-1 Lazos,Chris and Marisa#7809 for 1200 Leeton Drive Southold. I oppose the granting of the variances for this project. Thank you. Caroline Yates ATTENTION: This email came from an external source.Do not open attachments or click on links from unknown senders or unexpected emails. 1 PSV 9)-7 AM P Architecture Address:10200 Ma in Road,Unit 3A,Matti tuck NY 11952 Phone:(631)603-9092 Design + Build Southold Town Code 280-207(2)(c) The new construction,reconstruction or improvement of any dwelling shall be limited by the standards established by this code,or by variance not to exceed the average GFA of dwellings in the immediate area as determined by the Zoning Board of Appeals. Subject Property: 1200 Leeton Drive 3.066 SF Habitable Space Proposed Neighboring House to West: 1300 Leeton Drive; Information take from Survey filed with Town dated 2011 First Floor+/-1,819.9 SF Second Floor+/-2,099.1 SF 3.919 Total Habitable Space 300'West of Subject Property: 1580 Leeton Drive; Information taken from Survey filed with Town dated 2008 Ground Level Unknown SF and use First Floor+/-2.086.6 SF Habitable Space 4k NMI Neighboring House to East: 1110 Leeton Drive; Information taken from Building Application filed with town dated 1988 Ground Level Unknown SF and use First Floor+/-1.848 SF Habitable Space f AM PArch itecture Address:10200 Main Road,Unit 3A,Mattituck NY 11952 Phone:(631)603-9092 Design + Build 400'East of Subject Property: 700 Leeton Drive; Information taken from Survey filed with Town dated 2013 First Floor+/-3,068.8 SF Habitable Space Second Floor+/-741.8 SF habitable Space 3.810.6 Total Habitable Space Average GFA 2,916.05 SF Northern Side of Leeton Drive Within 500'East and West of Subject Property: SURVEY OF PROPERTY SI T UATL' SOU111HOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-58-02-01 SCALE 1"=20' MAY 26, 2011 Y' EO AREA = 15,348 sq, ft. (To TIL we) 0.352 ac. �� /� ;> � �•L)�r —---�Til N07'L;S: �S� 1. ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DAIUM .6Y / YEXISTING ELEVATIONS ARE SHOWN THUS:An oy. 4�°4 V L; °? �' Q E° EXISTING CONTOUR LINES ARE SHOWN THUS: ----- -e----__. < c ao o / crL - "HIT"W',y EQ Q\ �� �• " , OIL_ CAHc aFLOOR 2 y' u°u° Sh 4-�/<-\ /1 OQ•Oa L !t)y9j", ° / B. - BOTTOM 01-B�LKI11CAD 1.61 - FOF 01 n'AL 13. �tO. I 5 ° ^'J• <C� / .W. 11011011 C; WALL 2. HIGH AND LOW WATER ELEVA110NS ARE REFERENCED TO MATTITUCK INLET, NY r�(`rrp "y'°Fct. y 'J. �y��Sr`�y°^ '��f!O`r °(��° pp• (NOAA STATION No. 8512668 TIDAL PREDICTIONS FOR FEBRUARY 201 1. 0�c Lf,'P Srq of ry'oy°o�`' yi4-Jf-�s �a'� ,�b,�d( i pp• > �,o'P9 w 2�l.cF�G�'fi cv�J °rOr'o 0 a -- P� 4 O CLQ N p y- Y :iNx`o ri r. ml i uw:uu NE b RvA � `F •� v:° vs' ts' 'V`r i°ic�uaoc;a EO 1;• P o, 1L.I BEAU Nathan Waft Corwin III Land Surveyor ID IL A COKIuiGI,yllo wp CnitV HLxCOry Snyl ft S.—e I.,iIU1,I,J I.GF,w L 15 --- W SsxvLY .,»CCS A NL.5 OR I,IIe S s-SUW,rwer.- SNe Huns - ,.wulrxlwl lvyuul I �� A=6� siof"RI al�WAYS Af'HDNC(651)72/-1090 Fo.(6!I)AOV Ss Ax .H IINCL o K.1 o V�f ILLS LUC4ILV AI Np IN'G AUVn'LS5 AN,N CSHOWNIG 0I HLCUHG,11 I_Bb Main Ruutl Y.U.Do.IL AM1Y,NOT SHOWN ARE NOT GUAHANICCD, 1wl�e:•H.�II,Nen Yw,119a! Jom^saurl,Nei,YITS,/ - ,,) SITUATE. IEGONIG TOM: SOUTHOLD V SUFFOLK COUNTY, NY SURVEYED 12-10-03 E FLOOD ZONE REVISION 06-11-2006 UPDATED 06-24-2005 SUFFOLK COUNTY TAX a S 1000-55-2-5 CERT,LG9EEDTO: swan Cevtz Ckarles Ceitz I' I I 0- /<Q ( fie s 91 F V, 41> � ccX � 0 ® mm m n ;;, a 0 o N m o �° �� > \ 9 Y 9 T. r N OF NEW C EHE NOTES: MONUMENT FOUND o PIPE FOUND AREA = 12,434 sf or 02<i acres COASTAL EROSION HAZARD LINE AS ANNOTATED FROM AREA JOHN C. ��L�dt� LANDSURVEYOR MAP NO.56-566-53 SHEET 6 OF 49 6 EAST MAIN STREET N.Y.S.LIC.NO.50202 GRAPHIC, SGALE I"= 30 RIVERHEAD,N.Y.t1901 369-8288 Fax 369-8287 REF.UCompagserver\pros\03\03-312 update 06-24-2008 3. Nature of work(check which apRli ):New Building .. , • ..... .. Addition ....... . Iteration;,. Repair .... ... ....... Remo!a, . . ... ,. ... .. .. Demolition .... .......... Other Work i Descripfion) 4. Estimated Cost . .8 0 d i' Fee .. . .......... .• ....'. ......: ` (to be paid on filing this application) 5. If dwelling,number of dwelling units ...... . ........ Number of dwelling units on each floor. ...:.,...,...... Ifgarage,number of cars ...... . ... .... .... ... . . .. .... ........ .... ........ 6. If•business,commercial or mixed occupancy,specify nature and extent of Th type of use .... ......... ...... .. 7. Dimensions of exis ng structures,if any: Front,. ,n �. . ..... . Rear .. .. ....... Depth ...��........ .. Height . ...... ...... ..Number of Stories ., ! . .. . . . . . .... ...... ..I. .. .. .... .........I--- - . Dimensions-of same structure with alterations or additions: Front .7,? Rear ._7,a Depth . . .. . d,...... ,. , . . Height .. .../.S,�. .. . .. . .. . . ..Number of Stories. ......,. . . 8. Dimensions of entire new construction: Front ..... . .. Rear .. .. . ... ....... Depth Height Number of Stories ... , .. ... 9. Size of lot: Front ., .....�- . ... . .. .. . Rear .. ...2,4 A.. . .. ... ... Depth .�.,�d.... .......... . 10. Date of Purchase ..,.. ......J...... Wame oformer Owner 11. Zone or use district in which premises are situated... C� ,I.��Tc' .j ,,, 12. Does proposed construction via tp any zoning law,ordinance or regulation: . . ... regraded ........ 6.', , , . . .. .. . .. ..... 13. Will lot be re � •, .• . . . Will excess fill be removed from premises: Yes No 14. N<irile of Owner of premises . si 1--< i d. .5? ?� dress .rc��lva:N�,U,r,(,l,� Phone No. ............... d Name of Architect Address .. . . ........ .. .. ...Phone No. .. . ., e Name of Contractor &-Z 0X--j Address . �° k.j-s: �o t�,� • hone No. 15. Is this property located within 300 feet of a tidal wetland? *Yes .'.. No ..... *If yes, Southold Town Tru$tees Permit may be required. . PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and,indicate all set-back dimensions:iom property lines.Give street and block number or description according to deed,and show street names and indicate whether interior or corner lot. i i - !ft . -- ' pp �cs` Ih� �°,c�sTcNq T►�r� STATE OF NEW YORK, S•S COUNTY OF. ... ..... .. . .. .. . • •• • •• •• •• •• •••'•• • •• •••••• • , •, ... , being duly sworn,deposes and says that he is the applicant (Name of individual signing contract) above named. i He is the ... ..... . .. ... . .. .... (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 contaiined in this application are true to the best of his knowledge and belief;and that the work will be performed in the mannerlset forth in the application filed therewith. Sworn to before cme this i �y,, .. .. ... .. .... l.. . .. ..dayofl . I.II• ....... 19x8 Notary Public, . ... .. i �e.C1BC!. .., County .. . HELEN{C DE"GE .... .. ... . ... .... . .. ....../. ... .. ,............ ptOTFRY Pl18UC;state 01 New Yolk No.47078'IB,suftNCounty (Signature of applicant) Term Expires Watch 30,19— SURVEY OF PROPERTY C1 '01SITUATE SOUTHOLD TOWN OF SOUTHOLD �o•• SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-59-01-06 SCALE 1"=20' � l APRIL 4, 2012 Y JULY 15, 2013 FINAL SURVEY AREA = 31,263 sq, ff. •(�' ,p� /' ,// . ej°° is, (O CONC.BULKHEAD)0.718 ac. CERTIFIED TO: ZAFAR U. KHEM P. FH. FATIMI \ / of Ngm- 1.FED00 ZONE INFORMATION TAKEN FHOM: y , O "S` .l HOOD INSURANCE RATE WP N°,W-15411\ S 'el.GZONE AG BASE R D ELEVATIONS UEIWMWEU EASE UGEASFLOOD WRH YLLOLIIT N D(WAVE ACTION); - F1EYAlI0N5 G.—INLD ' d• TFy`'4� C c \ �� HOUSE SEPTIC SYSTEM TIE MEASUREMENTS /, N•• �� �' �, CORNER© OORNER❑D A � .O SEPTIC TANK 16.5' SHOUSE HO 7' C /A '`p oo�� J" °•'.• a .A• .. . LEACHING POOL 1 24' 46: ' COYER •'L Ap3 ` ,�> r. _g ... ... off/ FQ2 '' ' „s Iu [v y • 1.G•' / .•• GARAGE SEPTIC SYSTEM TIE MEASUREMENTS / •• / DARAOE GARAGE f , t •i . ,•,a / .. • CORNER QA CORNER 90 �. �a • / ''• SEPTIC TANK 14 21' /d • A COYER DIDINI1.1ju L6Vl CWING POOL • 1c1D AWCO R 2S' 28, 'S••• 4. %; ,env Y SF • • / . J_ mF755-1 _1 ,NpwEEO K,ER,nMrr pn Ao4,ION V J '�' S1 D TNS SVR tr N A NDD lmx OF s[E110N�„2UB,OF m[NEN YUat STAR 'b �' \ \ / crosE9 a mn sMrvn wv rmT swarm 1 N �•L. • F �\ °i�1 � bi",• '• �Y FE�13B mV�S wL�MOipbf Co�OFAw ,\ �d„F,'yo ' 'b�,® \\ %, / .:•' �• Q PC1 .Alm16 BmEAnD 1¢RDw 1npN �y p� \ •F �S fA'S]'710E8 DAJg ® o l IMO ON hI5 ULII�W'1.'UII 1AN� \ • ,•y � (IESr NOIE pYp BY��e•,��C��ON u.'IDBFH Tb,2011) TIME C04PM'r.WKPWADIIK I4Wtt M'O misF �rrol ilw"swBLe 4' Eww wm Nm uEw THE—TENCE OF 8 HT 9F WAYS AND/.D FASOWN OF BEC— IF To coV93E sNU 6W ANY,NOT SHOWN AGE NOT OWflANT[FD. YYY"ry111... / 6A'YeJ' FOR TIIAIE MEMS A9 EBI.nwJsxOEo A ,(�>r,/. B1 1ME 1.L45.AW MPAO.•FD MID I➢OPIFD rtG 6U0,USE YDRIt SWE UJm 7-00 Io was siw sn -IE As OF PVC 41 � !F •ryl°/ �'. •� SUFFOLK CC '!J i' lAmFT i I:GI:+qiA '—'----- �+ c ry• 8J VP/" a. rn � .n, 19i 5ERVICEa sp• � 'z 11 ul .,?• / �O ,.:n..1'i.'_. .:u'nt;�:-liDlMQpri3 FO;R � Z %,I / • d•• 5 +Dw_I•J'uv 101a C.OaI„„Dn;; CI"""u.t"•!•.n'n.vll! .f."O SRJctee nnprm u•Nap .,U4 s I ry}y� hU m,USMUwy FDRAMA%I,i:Vfn r;F ro;nS,,^Tc.,.-..r;Tlw;Ola cr .Y.S.Llc.No.50457 Nathan Taft Corwin III 4Va:IDr J.Hi1Oer;Y7�T�T"- - ;,[T aleriJ_nagamnn[ Land Surveyor- 5— uryeyor5ucwssar Ta:Stonlev J.1,�J,.LS. F J SI. A L N �„ Tilt.S._y.–5000, l–S1B PhnB– Cpnpbuctlpn LGyvul K' PHONE – (641)7 D Fat 7 r ME TEU AT TILING AUDFM 11586 NW .6 mP., ..Y.,k 11947 Jmp.,%NVk 118 47 Z, �1� 3 s AV 1300 Leeton Drive 1405 Leeton Drive i 1125 Leeton Drive No Q,k �bv-, (�� LV . Fuentes, Kim From: brian faerber <brianf44120@gmail.com> Sent: Wednesday,September 6, 2023 1:21 PM SEP 6 2023 To: Fuentes, Kim Subject: 1200 Leeton Drive Variance ZONING BOARD OFAPPEALS 01 We are residents of 1505 Leeton Drive. We strongly oppose any variance for proposed construction at 1200 Leeton Drive.There are already 2 oversized , obnoxious houses totally out of character for our neighborhood on this street.We don't need another huge house squeezed into an already undersized lot to block everyone's view of the water and sunsets. The original owners had three children and numerous grandchildren.They managed quite nicely. The present owners should have bought a home that suited their needs and not purchased this house with plans for expansion. I'm sure they were made aware that the house had already been moved.and was nonconforming with building codes. There are reasons Building Codes are written. And much time and effort goes into that process.Variances must not be issued without good reason and consideration given to all those affected by that decision. Sincerely, Brian and Martina Faerber PS, I am a NYC Licenced Master Electrician and a Licenced Elevator Inspector in- New York City New York State New Jersey Pennsylvania And served on a review committee for the A17 National Elevator Safety Code I've spent countless hours reviewing Code Requirements and compliance and violations. Please enforce our Code as written ATTENTION:This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. i Fuentes, Kim From: Iroma98 <Iroma98@aol.com> RECE® Sent: Tuesday, September 5, 2023 9:06 PM To: Fuentes, Kim Subject: [SPAM] - Chris & Marissa Lazos -1200 Leeton Drive, SoutholdSEP 6 2023 ZONING BOARD OFAPPEALS To: The Town of Southold and The Southold Zoning Board We, Alfonso Romano and Antonia Romano (residents of 1380 Leeton Drive in Southold), are writing this letter to express our support of our neighbors Christopher and Marissa Lazos (residents,of 1200 Leeton Drive in Southold) in their plans to build an addition to their beachfront residence. They have already informed us regarding the details of these plans and we have no issue or objection to them. Having been residents of Leeton Drive for approximately thirty years and having come to know the Lazos family for the past four, they have become a wonderful part of our community and our little neighborhood. We are more than thrilled to see this construction get underway and, of course, how beautiful their home will turn out to be. Leeton Drive is a lovely little street with a stunning view and we have no doubt that the Lazos' plans will only add to that. If you have any questions or need to contact us, please do no hesitate to call us or our daughter, Luisa DellaVecchia, at (917)939-1758. Sincerely, Alfonso and Antonia Romano ATTENTION:This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. 1 September 5, 2023 RECEIVED !! Sr� Dear Members of the Southold Town Board, SEP 06 2023 SUPERVISOR'S OFFICE 2 Zonis TQ%A11\1 OF SOUTHOLD As a nearby neighbor of 1200 Leeton Drive, a Q8sto99�d� 8� riance on ZBA application#7809 for Lazos, Chris and Marisa with.SCTM # - - - _based on the negative precedent it will create for any future construction permits requested of the Town. While the intent of the original owners of 1200 Leeton Drive, Margaret and James Malloy, was to preserve the dwelling, respect the natural dunes and shoreline in order to prevent such "overreach" of a structure on such a small parcel of land, the variances requested herein are an overreach to their intent (not to mention the new building codes that were enacted in the Town a year or so ago). The Malloy's even went so far as to"share" ownership of vacant land between them and their immediate neighbors to the East, Prisilla and Segio Sedita, so that neither of them would "over build"their dwellings footprint since the lot size would be too small. The previous owners, Claire and Antoine Von Horen, respected that"neighborly" intent and simply worked within the footprint of the dwelling and Town Code to remodel it esthetically and add additional 21 s'century conveniences to the property (to what the dwelling is seen as today). We do not, and I stress we do not have any personal malice in our opinions regarding this matter and wish Marissa, Chris and their young family many years of happiness filled with great memories here on the North Fork. Yet, to approve any of the three(3) overreaching variance requests as presented would be detrimental to the covenants of the original owners, it would create a mammoth structure on a lot size that is far too small with its several set-back limitations and shoreline restrictions, block the air rights of other surrounding neighbors to the properties South, East and West, create more congestion and over use that the said property can handle, not to mention the added waste water, electricity, water usage, noise, light pollution and will not maintain the integrity of this small narrow Southold street and the homes within it. Certainly, if the applicants wish to remodel and improve their existing structure would be another conversation to have but the open ended variance requests before this zoning and planning board as presented regarding; gross floor area (square footage), lot coverage, and increasing the height more than 2 1/2 stories, in our opinion does not conform to the nature, scope and intent of Southold's past or present Building Code's and will open the flood gates to future overcrowding on too small,of lot size. Granting all of these variances simultaneously would contribute to destroying the distinctive charm and character of this beachfront community that has been sustained for over a half a century in the manner, style, size and accommodation that 90% of the houses adhere to. Lastly, for any of these variances to be even considered any further than they already have, a true hardship would need to be proven by the applicant. To our knowledge the applicants and their family are all healthy, thriving and financially comfortable people. I'm not sure what "hardship"they might.have which would allow their requested to be approved. Thank you for your time and attention and for including this letter as part of the record prior to the hearing for your consideration. A concerned Homeowner on Leeton Drive Westermann, Donna From: Leslie Weisman Forward Sent: Tuesday, September 5, 2023 6:00 PM To: Fuentes, Kim; Westermann, Donna; Sakarellos, Elizabeth; Leslie Weisman Forward; Rob Lehnert; Pat Acampora; Eric Dantes; Planamento, Nicholas; McGivney,Julie Subject: Fwd: Lazos ZBA Variance Attachments: ZBA_20230905145151.pdf ---------- Forwarded message--------- From:Standish, Lauren <Lauren.Standish@town.southold.nv.us> Date:Tue,Sep 5, 2023 at 3:00 PM Subject: Lazos ZBA Variance To:Weisman, Leslie<lesliew@town.southold.ny.us>, Doherty,Jill <fill.dohertv@town.southold.nv.us>, Doroski, Greg <greg.doroski@town.southold.nv.us>, Evans, Louisa <louisae@town.southold.nv.us>, Mealy, Brian <brian.mealy@town.southold.nv.us>, Nappa,Sarah<sarah.nappa@town.southold.nv.us> Cc: Fuentes, Kim <kim.fuentes@town.southold.nv.us> Good afternoon, Please see the attached letter received in our office today from a concerned homeowner of Leeton Drive, in preparation for the ZBA hearing on 9/7. Thank you, Lauren Lauren M. Standish Confidential Secretary to the Supervisor Town of Southold 53095 Route 25 PO Box 1179 Southold, N Y 11971 i PH: (631)765-1889 Dear ZBA Board and staff I received the attached letter of objection for the Lazos application thoday from Lauren Standish.The neighbor mistakenly sent it to the Town Board and not the Zoning Board. Please include this letter in your Lazos application packet. Leslie ATTENTION:This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. 2 Fuentes, Kim From: silver217@aol.com Sent: Monday, September 4, 2023 9:48 AM To: Fuentes, Kim Subject: [SPAM] - Fw: Failure Notice ----- Forwarded Message----- RECOVED From: "mailer-daemon@aol.com" <mailer-daemon@aol.com> To: "silver217@aol.com" <silver217@aol.com> SEP 4 5 �0�3 Sent: Monday, September 4, 2023 at 09:45:15 AM EDT Subject: Failure Notice �Otiing Board of Appeals Sorry, we were unable to deliver your message to the following address. <kimf()sutholdtownny.gov>: No mx record found for domain=sutholdtownny.gov ---------- Forwarded message---------- Dear Ms. Weisman, The purpose of this email is to let you know of my wife's, Priscilla, and my full support of Chris and Marisa Lazos "variance request#7809." Priscilla and I have owned our home in Southold, at 1110 Leeton Drive, since 1980 and enjoy spending the summer there with our family and friends. Our Southold home has, and continues, to bring us immense pleasure and our neighbors, the Lazos, help to make Southold very special. Marisa and Chris have been our neighbors since 2019. Their property is always well kept with lovely landscaping and clean beach. They have three beautiful children who visit with us often and add to our enjoyment of living in Southold. When we received your "legal notice"we immediately volunteered to give Marisa and Chris our full support. They have a growing family that clearly needs additional living space and, hopefully, you will conclude the same. The Lazos are a very positive addition to our beautiful Southold community, and we sincerely hope you will arrive at a positive resolution to their appeal of constructing an addition to their lovely home.. Thank you. Priscilla & Sergio Sedita 1 1110 Leeton Drive Southold, NY 11971 (631) 765-2707 i Fuentes, Kim From: Richard Bird <Richardb26@yahoo.com> Sent: Tuesday, September 5, 2023 8:19 AM To: Fuentes, Kim RECEIVED Subject: 1200 Leeton Drive property SEP 0.5 2023 Dear ZBA: Zoning Board of Appeals 'I While I am not opposed to an addition located at 1200 Leeton Drive, I strongly encourage the ZBA to deny this request as proposed based on the fact that the lot coverage is already over the limit of 20% and that the third story is not permitted. Clearly in the past huge mistakes have been made in the Kenneys Beach area. Creating yet another mistake should be avoided. Scaling down the proposal, keeping things more in line with the house to the east would certainly can and would produce a tasteful addition to our neighborhood. Our town government and citizens work hard to produce codes to protect our environment and are neighborhoods. This application and future applications should adhere to the codes as written. Sincerely Richard Bird Sent from my iPad ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. i i BOARD MEMBERS ` Southold Town Hall Leslie Kanes Weisman, Chairperson O���F $UUjyOI 53095 Main Road-P.O. Box 1179 Patricia Acampora O Southold,NY 11971-0959 Eric Dantes Office Location: Robert Lehnert,Jr. Town Annex/First Floor Nicholas PlanamentoOld ^��Q 54375 Main Road(at Youngs Avenue) COU , 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: 10:10 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 (2 1/2) 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. 1000-59-1-1. The Board of Appeals will hear all persons or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review on The Town's Weblink/Laserfiche under Zoning Board of Appeals(ZBA)\Board Actions\Pending. Click Link: http://24.38.28.228:2040/webl i nk/Browse.aspx?d bid=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) 53095 0-Min Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 r ' Town Hall Annex, 54375 NYS Route 25 . P.O.Box 1179 k 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. SBelow, p lease see instructions required to prepare for the ZB A public hearing which.includes d PLEASE-READ CAREFULLY. { 1. Yellow sign to post on your property a minimum of seven(7) days prior to your hearing,to be placed not more than 10 feet from the front property line (within your property) bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both street frontages. Posting should be done no later than July 26, 2023. To avoid weather damage to your sign please affix it to a sturdy surface such as plywood. If your sign is damaged please call the office and we will provide you with another one. Prior to your public hearing, members of the Board of Appeals will each conduct a personal inspection of your property. If a Board member reports that there is no signage visibly on display as required by law, your scheduled hearing will be adjourned to a later date to ensure compliance with Chapter 55-1 (B) 1 of the Town Code. 2. SC Tax Map with property numbers. 3. Legal Notice of in person meeting,as well as video conferencing. Instructions for participation will follow, and will be posted on the Town's Website under the meeting date, and the Legal Notice section of Suffolk Times Newspaper. 4. Affidavits of Mailings and Posting to be completed by you, notarized, and returned to our office along with the mailing receipts and green cards by July 26, 2023, verifying that you have properly mailed and posted. Please attach a photograph of the posting on your Property with your affidavit of posting. 5. Instructions for Laserfiche/Weblink to view application. f Instructions for ZBA Public Hearing Page 2 MAILING INSTRUCTIONS: Please send by USPS Certified Mail, Return Receipt the following documents to all owners of property (tax map with property numbers enclosed) vacant or improved, which abuts and any property which is across from any public or private street. We ask that you send your mailings promptly so that if any piece is undeliverable,you can reach out to your neighbors to request their mailing addresses, and re-mail. Mailing to be done by 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@southoldtownn.gov or elizabeth.sakarello sgtown.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:/i southoldtownny.gov/DocumentCenter/View/9694/TentativeRo112023 IMPORTANT INSTRUCTIONS: —�____�__ ,,Scan and email the USPS mailing receipts, green signature cards and affidavits to kimNDsoutholdtownny.gov, and ** PROMPTLY USPS MAIL** the ORIGINALS tol 'the Town of Southold, ZBA, P.O. Box 1179, Southold, PTY 11971. l Please note that without your mailing receipts, the ZBA will be prevented from conducting your hearing,pursuant to Chapter 55 of the Southold Town Code and New York State Law. Please note that you or your representative are required to attend. If you or your representative are not present, the hearing will be adjourned to the next available hearing date. Please be reminded that New York State Law requires the ZBA to follow the above specific policies. If for any reason, you are unable to prepare for your public hearing as instructed, please let us know. Kim E. Fuentes—Board Assistant L• ' Laserfiche Instructions for Zoning Board of Appeals Records =® '� SOUTHOLD q } XEW YORK GuT;crnuten 'etvIces isitut Haw Do I... > �.-�.. Mg iv U i -ti 31 j. 44 4 LxNv- ✓ ; M'' }Y1 �':: .C�' �',1; '?J:. -.`, ..,;.;:CirAtr: - I• ,Q/�(�:. T: :s�:.i%?' ;` _ •a A. "r. o" Q ii3s' zmd' "O, PYviiie �';Ti Re ,f; •Ma itdaiih':%� ;?oivri'C'•o�de. ;i ttTina tits?'. i '•fy� �;CCd' •Me@+'' .p$•.:••-`�":;^'��`��. 'Sit r - �,Ai'tnuta'�' '�f'-e%;% - EAstT.P?YS3ttz Wh•,; ,ytiy'eLFnk.![.itSrScfie'' ^F rniiirP[d �. ;,1�" gn up a fr,'eirc•' � _ .� ./, .,i- .Y _ - .-:.. �n:.s_--a.�.."-- amu_r-nY:u:.`.f i:�S�_a.v.�.:xzv..✓:'=L'__tr..�.'•"'�,scotirira..��. Above: Homepage, Click on Link"Town Records"Weblink/Laserfiche Laserfiche WebUnk - srjweoun -«!a 4b w•agnea- Home Browse ;earn TownOfSouthold TownOfSOuthold Nan•e Page ccunc Template wiry:.. :. . .;town Cleri x EntryProp -............._ - y Town�istortan Path Trustee; 7cr.nU:`Xr?old ...,-„�ZPning 9aard ofAPPeab-VSA) creation date _.... ... ... .. .. .. .. _. 5F,12011t';52 dt AM - Page 2 of 2 P:,t tt ,_-J 29 Entries Last modified 2 Metadata t�J:ns[a�i32J a�St�'Pf+.f Dr.»:•i-.eLs.-,w•^s h..drt er�.a!e.'n-e:,+a e�iv.9ra�_�;�.,+n.,ann 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 Ldserf�Che WBhLIRk .• _ ..�... - -- MyYfe9Lnk 1—+ o AbW Sign put Home Browse Search fmvnbriouthold>Zoning Board of Appeals(2BA1 Zoning Board of Appeals Name Pagemunt „Template name•'%,, - (ZBA) ?Alphabet!cal Index 2 P noperves, 8aard Acncns a yy taserfuhe Search Guid. Path y Meetng Sched.les l"owr�'�'cu'.ixil:hLons•�g E^ar - cif AppealS iZBA) MinutestAgendas/Legal N011-11-fean igs Creation date ss!Pending 7T Oe.hi�72:1:^.:f•PM c_f Reports Last modified ;n Special Event Permits f,Tr ilmng Req—1-1t,rements ZBA pfficfa15 R Metadata ZBn P911des YOrsg,Vd .s Erceotlons U.Code 29&ICL(3) JunsalNon L'stng •�ZBA B.&of Mapped 1977 Elistng Lots 189 ocedure&- R..fts f _ Bulk Sche<h':es _ _ Agreements.Contracts 8teascs Page t of 1 74Entries Above: Listed are types of records under ZBA Folder. ZBA Decisions can be found under Board Actions. Click on"Board Actions"folder to open. Laserflche We6Link �' a MyWe L-* -e;0 Aeaa Home Browse Search TOh9CfS0uth01C>ZoniQg30.:r•]of Appeals tZBAl>Board Actions Board Actions Name Page count remwats rem. '957-1979 2 Entry Properties -;'.980-1995 Path 2000 T;({.'iOf<G;rt:Oli-ZC'fi'v B.41J a�- s3 C.Fhitoa_•ru:k t:�:r, ,^2001 Creation date - 2002 /Y(u20r11 12:2::::5 F1: .�2003 Last modified 2004 ' 2005 2 Metadata ,-_'�,2006 200: u metas a o acygcel ]2008 j 2069 2010 LMJ}tP•tmevtUrrs i „J:Ott 2012 mu °,';2014 wJ 2015 20t6 Wy 2017 u.Pending .. .... .. .. .. .. .w.hiatth'mncomlFwilthP+P'�T^-f'i��' Gz�.:+..r t �•_�•'�_ 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 Tu?i1. E-VPivPeMes Path as K i¢ 9oae anions sa Geatbn date lassmMified G'mli 17 11 —d 56 —d—, M" sa 73! 59 Soard anions P�0� 'S aoard actions sa —d 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 WebLink Home Browse search C.st—e S—di sG'r results ny Relevance Records Management Search 71 Rt 7016 n.d name Board Actions.33 oage(s) Ih..field Page count:83 Template name:Board Actions ,'Reset 'age I.,Cohn and Knsten Cashel PROPERTY LOC!,TICN:162 Lower Shingle Fidl.F'sner -�...19,2017'.7016.Cashel SCTM Na 1000-9-1-Z6 minimus approval to remo... .5 y 19.2017 9701 a.Cashel SCTNI No.1000-9-1-26 GRANT.the--CeS as... sea Page 9 COUN&KUS—,-N CASHEL SECTION ON BLOC... Ps-+20-Th—sArIgren(Cashell.PO Bo,342 Fish—Island,KY. Show More information jtr 7018 Board Acton3-56 page(S) Page count:56 Template name:Board Actions _13 9:30 A.M.-COLIN CASHEL AND Variances under Article icLSetton ANN... Page=3...ame(s)KRISTEN CASHEI-97016-Request proposed trellis located in other tha Show more information Above: Shows you files that can be'found using a phrase, name or title. Or you can search by Tax Map No. (District, Block and Lot) using the format 1000-111.4-1. • Laserfiche Instructions ZBA Files Page 4 Laserfiche WebLink mywdnxi;: 'lelp A1-1 s, Home Browse Search zowrofSouthold>Zoning Board of Appeals(ZBA)>Minutes/AgendaslLega(Notices/Hearings MinuteslAgendaslLegal Name Pagecount ;Ten➢late game.;" Notices/Hearings 0-- 1957-1979 R EntryProperties .. :v 14E0-1999 - n 2000.2009 Path 7avnaYuuchotd'•.Zaninq board zi 2010 w Appals in 2011 {'ZUAAM7nut-JAy'endaVf egal Noticesif lcanmg; .3 2012 Creation date in 2013 71!W20Ut?iT.40 P'.i �-1 2014 Last modified :7 2015 20'6 C Metadaraz 2017 No rezadara assened Page 1 of 1 11 Ent. Above:Also, Minutes,Agendas,and Hearing Transcripts can be viewed. Laserfiche WebLink nt7'N'ebunk i +elp About Home Browse Search 7ownOfSouthold>Zoning Board of Appeals(ZBA)>Minutes/Agendas/Legal NoticesiHeanngs>2017 2017 Name Page taunt -Template name - _�ZBA-07105/2017 7 .. entry Pmpertles Z3A-07%05/2017 Agenda 4 Path ZBA-01/05.12017 Tearing 40 `orvnOfScu:noiC`_cnmg 3oarJ of Apoeais ZBA 01/05/2017 LN 3 (ZBARA77ntrevgg?ndasl;.-'_gai �1 ZBA-01119/2017 2 NODtevHeanngs�LU1/ ja ZBA-01/1912017 Agenda _ Creation date 7211 b/2Q16?:!5:'4 PM ZBA-0210J2017 7 Last modified ZBA-0210212017 Agenda 4 611 917.01 7 4:53'5)Pt+. �jZ&a-02/02/-1077 H-6— 45 A Metadata J ZBA-02J021201,LN 3 ZBA-0'116/201 7 Agenda 3 No nletoddta assigned �ZBA-02/16/2017 Speoal 3 _,du.e&Rezu tinea J Z3A-03102/2017 7 �Mheahh/pap- rNzes21 23.4-03!02!201?Agenda 4 Z3A-03/0212017 4eanng 65 J Z3A.03/0212017'11 3 Z3A.03116/2017 Agenda 3 d Z3.A-03/16/2017 SP-1 3 Z3A-041062017 5 y Z3A-0410612D17 Agenda 4 ZBA-D4i06/2017-1—ing 45 Above: Agendas, Minutes and Transcripts are in chronological order. NQTlt. . 0r Ht 0 " ie following application will be heard by the Southold Town E yard of Appeals at Town Nall, 53095, Main Road, Southold: " ie application will also be available VIA ZOOM WEBINAR= F 3Ilow linkmhttpm.//southoldtownny.gov/calendar . 'AME : LAZOS , CHRIS & MARISA #7809 ZCTM #EE 1 000-59- 1 - 1 ' VARIANCE : GROSS FLOOR AREA, LOT COVERAGE, MORE THAN 2 '/z STORIES r,EQUESTo CONSTRUCT ADDITIONS AND ALTERATIONS TO AN EXISTING SINGLE FAMILY DWELLING DATE : THURS . SEPT. 71 2023 10: 10 AM You may review the file(s) on the town's website under Town RecordslWeblink: ZBAIBoard Actions/Pending. ZBA Office Telephone (631 ) 765-1809 BOARD MEMBERS ®� S®(J Southold Town Hall Leslie Kanes Weisman, Chairperson ®�� r�+®� 53095 Main Road•P.O. Box 1179 Patricia Acampora ® Southold,NY 11971-0959 Eric Dantes Office Location: Robert Lehnert,Jr. Town Annex/First Floor ® Q Nicholas Planamento 54375 Main Road(at Youngs Avenue) ® a C®U Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 MEMORANDUM To: Glenn Goldsmith, President, Board of Town Trustees From: Leslie Weisman, Chairperson, Zoning Board of Appeals By Kim Fuentes, Board Assistant Date: May 5;2023 RE: Chris and Marisa Lazos, by AMP Architecture 1200 Leeton Drive, Southold, NY SCTM No. 1000-59-1-1 Attached, please find a copy of a ZBA application which results from a Notice of Disapproval that identified variance relief required for exceeding gross floor area and lot coverage, as well as proposing nonconforming three stories, in order to construct additions and alterations to an existing single family dwelling. The proposed improvements of the second and third floor are seaward of the Coastal Erosion Hazard Line (CEHL) and located within the FEMA VE Zone (ELI 3) fronting the Long Island Sound. Enclosed is a survey prepared by Jason D. Leadingham, LLS, last revised September 29, 2022 which shows the location of the CEHL, and a site plan and architectural plans prepared by Anthony Portillo, Architect. We are requesting that the Board of Trustees proceed with reviewing an application for a wetland permit prior to scheduling a public hearing before our Board. Correspondence will be sent to the applicant informing him of our procedure. Thank you for your assistance in this matter. cc: Mark Terry, LWRP Coordinator Julie McGivney, Asst. Town Attorney Encls.: Notice of Disapproval of March 10, 2023 with ZBA Application Survey prepared by Jason Leadingham, LPE, last revised September 29, 2022 Site Plan prepared by Anthony Portillo,Architect, dated March 22, 2023 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson . ®�*®F S®U��+®� 53095 Main Road•P.O. Box 1179 Patricia Acampora ® Southold,NY 11971-0959 Eric Dantesi[ Office Location: Robert Lehnert, Jr. Town Annex/First Floor Nicholas Planamento ® �@ 54375 Main Road(at Youngs Avenue) ��c®U Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD May 5, 2023 Tel. (631) 765-1809 Anthony Portillo AMP Architecture P.O. Box 152 Mattituck,NY 11952 RE: Lazos, Christopher-Zoning Board of Appeals Application received May 3, 2023 Premises: 1200 Leeton Drive;Southold SCTM No. 1000-59-1-1 Dear Mr. Portillo; The Zoning Board of Appeals has reviewed your submission for variance relief for the above referenced properties seeking variances to construct additions and alterations to existing single family dwelling. It is the custom and practice of the ZBA and the Board of Trustees that when both agencies have concurrent jurisdiction over an application, and part of that application involves proposed or existing construction in a Coastal Erosion Hazard Area, that the applicant first seeks approval from the Board of Trustees and then submits an application to the ZBA According to the survey that you provided, and the Notice of Disapproval dated March 10, 2023, the proposed construction is located seaward of the Coastal Erosion Hazard line. Based upon the aforementioned documents, the Zoning Board of Appeals Chairperson requests an application for a wetlands permit be submitted to the Town Trustees for their determination, prior to the ZBA scheduling a hearing. A memorandum has been forwarded to the Board of Trustees affirming this request. Furthermore, a submission of the Building Plans to the Board of Trustees should include all elevations and full demolition plans. Please do not hesitate to contact this office with any questions or concerns. Sincerely Kim E. Fuentes Board Assistant cc: Julie McGivney, Asst.Town Attorney Mark Terry, LWRP Coordinator Glenn Goldsmith, President Town Trustee BOARD MEMBERS ��F SOU Southold Town Hall Leslie Kanes Weisman, Chairperson 53095 O� Ty�l Main Road•P.O. Box 1179 Patricia Acampora p Southold,NY 11971-0959 Eric Dantes [ c Office Location: Robert Lehnert,Jr. Town Annex/First Floor Nicholas Planamento �l aQ 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, AUGUST 3, 2023 at 10:00 AM PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY. AUGUST 3. 2023: 1:10 P.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 (2 1/2) 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. 1000-59-1-1. The Board of Appeals will hear all persons or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review on The Town's Weblink/Laserfiche under'Zoning Board of Appeals(ZBA)\Board Actions\Pending. Click Link: http://24.38.28.228:2040/weblink/Browse.aspx?d bid=0. If you have questions, please telephone our office at(631)765-1809, or by email: kimf@southoldtownny.gov. Dated: July 20, 2023 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 53095 0-Min Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 Town Hall Annex, 54375 NYS Route 25 v >, P.O.Box 1179 Southold New York 11971-0959 � 1 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. jtelow, please senstructios required to prepare for the ZBA public hearing which includes': ;PLEASE READ CAREFULLY. 1. Yellow sign to post on your property a minimum of seven(7) days prior to your hearing, to be placed not more than 10 feet from the front property line (within your property) bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both street frontages. Posting should be done no later than July 26, 2023. To avoid weather damage to your sign please affix it to a sturdy surface such as plywood. If your sign is damaged please call the office and we will provide you with another one. Prior to your public hearing, members of the Board of Appeals will each conduct a personal inspection of your property. If a Board member reports that there is no signage visibly on display as required by law, your scheduled hearing will be adjourned to a later date to ensure compliance with Chapter 55-1 (B) 1 of the Town Code. 2. SC Tax Map with property numbers. 3. Legal Notice of in person meeting,as well as video conferencing. Instructions for participation will follow, and will be posted on the Town's Website under the meeting date, and the Legal Notice section of Suffolk Times Newspaper. 4. Affidavits of Mailings and Posting to be completed by you, notarized, and returned to our office along with the mailing receipts and green cards by July 26, 2023, verifying that you have properly mailed and posted. Please attach a photograph of the posting on your property with your affidavit of posting. 5. Instructions for Laserfiche/Weblink to view application. V Instructions for ZBA Public Hearing Page 2 MAILING INSTRUCTIONS: Please send by S P Certified Mail,:Return Recein 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@southoldtomgu.gov or elizabeth.sakarellos@,town.southold.Liy.us c. Instructions for Laserfiche/Weblink to view all pending applications. (Enclosed) Link to view pending applications: http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. d. Survey or Site Plan depicting"as-built" and proposed improvements requiring ZBA relief. The Town's Laserfiche/Weblink files provides both location addresses and mailing addresses in their current Assessment Roll listing. (See Link Below). Also, the Town Assessor's Office can be reached at 631-765-1937. Contact us via email or by phone if you need further assistance. TownOfSouthold>Assessors> Assessment Books/Tax Rolls https://southoldtownny_.gov/DocumentCenter/View/9694/TentativeRo112023 IMPORTANT INSTRUCTIONS: ,Scan_and email the:USPS.mailing receipts, green signature cards and affidavits to kimf rr southoldtownny.gov,and * PROMPTLY USPS:MAIL;** the ORIGINALS to the Town.of Southold, ZBA;P.O.'Bog 1179, Soutthold,NY 11971. 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 rIuTIG err tHr�l �+l � ie following application will be heard by the Southold Town E- ,, yard of Appeals at Town Hall, 53095., Main Road, Southold: ie application will also be available VIA ZOOM WEBINAR= F 3Ilow linkmhttp://southoldtownny.gov/calendar . 'AME : LAZOS , CHRIS & MARISA #7809 ' CTM #mE 1 000-59- 1 - 1 ' VARIANCE: GROSS FLOOR AREA, LOT COVERAGE , MORE THAN 2 '/z STORIES KEQUESTN CONSTRUCT ADDITIONS AND ALTERATIONS TO AN EXISTING SINGLE FAMILY DWELLING DATE : THURS . AUG . 31 2023 1 :70 PM You may review the file(s) on the town's website under Town RecordslWeblink: ZBAIBoard i .ctionslPending. ZBA Office Telephone (631 ) 765-1809 fes` BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson *®F SO(/�� 53095 Main Road• P.O. Box,1179 Patricia Acampora ®� ®I® Southold,NY 11971-0959 Eric Dantes [ Office Location: Robert Lehnert,Jr. Town Annex/First Floor Nicholas Planamento ® a0 54375 Main Road(at Youngs Avenue) C®U Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 EEIVE UDrNI— May 3, 2023 MAY 0 3 2023 Southold Town Mark Terry, Assistant Town Planning Director Manning Board LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. # 7809 LAZOS, Christopher Dear Mark: We have received an application to construct additions and alterations to existing single family dwelling. 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 268-513 is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairperson By: Encls Survey/Site Plan AMP Architecture Date : 3/22/23 r / A BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson �QF $�UTy 53095 Main Road•P.O. Box 1179 Patricia Acampora ��� alp Southold,NY 11971-0959 Eric Dantes #t Office Location: Robert Lehnert,Jr. Town Annex/First Floor Nicholas Planamento Ol �� 54375 Main Road(at Youngs Avenue) ,J oum� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD May 3, 2023 Tel. (631) 765-1809 Ms. Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Ms. Lansdale: - Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File : # 7809 LAZOS, Christopher Action Requested : Construct a new single family dwelling. Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town Within one (1) mile (5,280 feet) of: ( ) Boundary of any airport If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA C ' pe s�oJn�//� By. c Survey/Site Plan AMP Architecture Date : 3/22/23 .i BOARD MEMBERS - Southold Town Hall Leslie Kanes Weisman, Chairperson o SOU� 53095 Main Road•P.O. Box 1179 Patricia Acampora ,`O�� c9 Southold,NY 11971-0959 Eric Dantes Office Location: Robert Lehnert,Jr. C . Town Annex/First Floor Nicholas Planamento ®' yo 54375 Main Road(at Youngs Avenue) � Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 MEMORANDUM To: Glenn Goldsmith, President, Board of Town Trustees From: Leslie Weisman, Chairperson, Zoning Board of Appeals By Kim Fuentes, Board Assistant Date: May 5, 2023 RE: Chris and Marisa Lazos, by AMP Architecture 1200 Leeton Drive, Southold,NY SCTM No. 1000-59-1-1 Attached, please find a copy of a ZBA application which results from a Notice of Disapproval that identified variance relief required for exceeding gross floor area and lot coverage, as well as proposing nonconforming three stories, in order to construct additions and alterations to an existing single family dwelling. The proposed improvements of the second and third floor are seaward of the Coastal Erosion Hazard Line (CEHL) and located within the FEMA VE Zone (EL 13) fronting the Long Island Sound. Enclosed is a survey prepared by Jason D. Leadingham, LLS, last revised September 29, 2022 which shows the location of the CEHL, and a site plan and architectural plans prepared by Anthony Portillo, Architect. We are requesting that the Board of Trustees proceed with reviewing an application for a wetland permit prior to scheduling a public hearing before our Board. Correspondence will be sent to the applicant informing him of our procedure. Thank you for your assistance in this matter. cc: Mark Terry, LWRP Coordinator Julie McGivney, Asst. Town Attorney Encls.: Notice of Disapproval of March 10, 2023 with ZBA Application Survey prepared by Jason Leadingham, LPE, last revised September 29, 2022 Site Plan prepared by Anthony Portillo,Architect,dated March 22,2023 BOARD MEMBERS _ Southold Town Hall QF so53095 Main Road•P.O. Box 1,179 Leslie Kanes Weisman,Chairperson . Patricia Acampora p Southold,NY 11971-0959 Eric Dantes .Office Location: Robert Lennert,Jr. Town Annex/First Floor Nicholas Planamento ® ®' a 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD May 5,2023 Tel. (631)765-1809 Anthony Portillo AMP Architecture P.O. Box 152 Mattituck, NY 11952 RE: Lazos, Christopher-Zoning Board of Appeals Application received May 3,2023 Premises: 1200 Leeton Drive;Southold SCTM No. 1000-59-1-1 Dear Mr. Portillo; The Zoning Board of Appeals has reviewed your submission for variance relief for the above referenced properties seeking variances to construct additions and alterations to existing single family dwelling. It is the custom and practice of the ZBA and the Board of Trustees that when both agencies have concurrent jurisdiction over an application, and part of that application involves proposed or existing construction in a Coastal Erosion Hazard Area, that the applicant first seeks approval from the Board of Trustees and then submits an application to the ZBA According to the survey that you provided, and the Notice of Disapproval dated March 10, 2023,the proposed construction is located seaward of the Coastal Erosion Hazard line. Based upon the aforementioned documents, the Zoning Board of Appeals Chairperson requests an application for a wetlands permit be submitted to the Town Trustees for their determination, prior to the ZBA scheduling a hearing. A memorandum has been forwarded to the Board of Trustees affirming this request. Furthermore, a submission of the Building Plans to the Board of Trustees should include all elevations and full demolition plans. Please do not hesitate to contact this office with any questions or concerns. Sincer ly! :Ltes Board Assistant cc: Julie McGivney,Asst. Town Attorney Mark Terry,LWRP Coordinator Glenn Goldsmith, President Town Trustee Y/26/23,3:23 PM Town of Southold,NY General Provisions lJ-- Town of Southold, NY Wednesday,July 26, 2023 Chapter 111 . Coastal Erosion Hazard Areas Article I. General Provisions § 111-1 . Enactment. Pursuant to the provisions of Article 34 of the New York State Environmental Conservation Law and § 10 of the Municipal Home Rule Law, the Town of Southold, County of Suffolk, State of New York, hereby enacts, by L.L. No. 24-1991,this chapter. § 111-2. Title. This chapter shall be known and may be cited as the "Town of Southold Coastal Erosion Hazard Area Law." § 111-3. When effective. This chapter shall take effect 20 calendar days from the date of this chapter's adoption and filing pursuant to § 27 of the Municipal Home Rule Law or the date of filing the official maps, whichever is later. § 111-4. Purpose. The Town of Southold hereby assumes the responsibility and authority to implement and administer a Coastal Erosion Management Program within its jurisdiction pursuant to Article 34 of the New York State Environmental Conservation Law. In addition, it is the purpose of this chapter to: A. Establish standards and procedures for minimizing and preventing damage to structures from coastal flooding and erosion and to protect natural protective features and other natural resources. B. Regulate, in coastal areas subject to coastal flooding and erosion, land use and development activities so as to minimize or prevent damage or destruction to man-made property, natural protective features and other natural resources and to protect human life. C. Regulate new construction or placement of structures in order to place them a safe distance from areas of active erosion and the impact of coastal storms to ensure that these structures are not prematurely destroyed or damaged due to improper siting, as well as to prevent damage to natural protective features and other natural resources. D. Restrict public investment in services, facilities or activities which are likely to encourage new permanent development in erosion hazard areas. E. Regulate the construction of erosion protection structures in coastal areas subject to serious erosion to assure that when the construction of erosion protection structures-is justified, their https://ecade360.com/print/SO0452?guid=5157846,5157847,5157848,5157849,5157850,5157856,5157861,5157895,5157896,5157897,5157898,51... 1/15 7/26/23,3:23 PM Town of Southold,NY General Provisions construction and operation will minimize or prevent damage or destruction to man-made property, private and public property, natural protective features and other natural resources. § 111-5. Findings. The Town of Southold finds that the coastal erosion hazard area: A. Is prone to erosion from the action of the Long Island Sound, Gardiners Bay, Long Beach Bay and Orient Harbor. Such erosion may be caused by the action of waves, currents running along the shore and wind-driven water and ice. Such areas are also prone to erosion caused by the wind, runoff of rainwater along the surface of the land or groundwater seepage, as well as by human activities such as construction, navigation and certain forms of recreation. B. Experiences coastal erosion which causes extensive damage to publicly and privately owned property and to natural resources, as well as endangers human lives. When this occurs, individuals and private businesses suffer significant economic losses, as do the Town and the state, either directly through property damage or indirectly through loss of economic return. Large public expenditures may also be necessitated for the removal of debris and damaged structures and replacement of essential public facilities and services. C. Experiences erosion-related problems that are often contributed to by building without considering the potential for damage to property, by undertaking activities which destroy natural protective features such as dunes or vegetation, by building structures intended for erosion prevention which may exacerbate erosion conditions on adjacent or nearby property and by water action produced by wakes from boats. D. Is the subject of programs which foster erosion protection structures, either with private or public funds, which are costly, often only partially effective over time and may even be harmful to adjacent or nearby properties. In some sections of the Town of Southold, major erosion protection structures of great length would be required to effectively reduce future damages due to erosion. § 111-6. Definitions. The following terms, as used in the chapter, shall have the meanings indicated, unless the context clearly requires otherwise: ADMINISTRATOR The local officials-responsible-for--administrating and enforcing this chapter. The Southold Town ABoarT d o T ustees is hereby designatedas he"Adminl`strator.he Administrator designates the Southold Town Police Department, the Bay Constables and the Office of Code Enforcement as responsible for the enforcement of this chapter. [Amended 1-29-2013 by L.L. No. 1-2013] BEACH The zone of unconsolidated earth that extends landward from the mean low-water line to the waterward toe of a dune or bluff, whichever is most waterward. Where no dune or bluff exists landward of a beach, the landward limit of a beach is 100 feet landward from the place where there is a marked change in material or physiographic form or from the line of permanent vegetation, whichever is most waterward. Shorelands subject to seasonal or more frequent overwash or inundation are considered to be"beaches." BLUFF Any bank or cliff with'a precipitous or steeply sloped face adjoining a beach or a body of water. The waterward limit of a bluff is the landward limit of its waterward natural protective feature. Where no beach is present, the waterward limit of a bluff is mean low water. The landward limit is 25 feet landward of the receding edge or, in those cases where there is no discernible line of active https://ecode360.com/print/SO0452?guid=5157846,5157847,5157848,5157849,5157850,5157856,5157861,5157895,5157896,5157897,5157898,51... 2/15 7/26/23,3:23 PM Town of Southold,NY General Provisions erosion, 25 feet landward of the point of inflection on the top of the bluff. The "point of inflection" is that point along the top of the bluff where the trend of the land slope changes to begin its descent to the shoreline. COASTAL EROSION HAZARD AREA MAP The final map and any amendments thereof issued by the Commissioner of the New York State Department of Environmental Conservation, which delineates boundaries of coastal erosion hazard areas subject to regulation under this chapter. COASTAL WATERS Long Island Sound and its connecting water bodies, bays, harbors, shallows and marshes. COASTLINE The.lands adjacent to the Town of Southold's coastal waters. DEBRIS LINE A linear accumulation of waterborne debris deposited on a beach by storm induced high water or by wave action. DUNE A ridge or hill of loose, windblown or artificially placed earth, the principal component of which is sand. EROSION The loss or displacement of land along the coastline due to the action of waves, currents, wind- driven water, waterbome ice or other impacts of storms. It also means the loss or displacement of land due to the action of wind, runoff of surface waters or groundwaters, or groundwater seepage. EROSION HAZARD AREA An area of the coastline which is a structural hazard area or a natural protective feature area. EROSION PROTECTION STRUCTURE A structure specifically designed to reduce or prevent erosion, such as a groin, jetty, revetment, breakwater or artificial beach nourishment project. EXISTING STRUCTURE A structure and appurtenances in existence, or one where construction has commenced, or one where construction has not begun but for which a building permit has been issued prior to the effective date of the chapter. GRADING A redistribution of sand or other unconsolidated earth to effect a change in profile. LIVABLE FLOOR AREA All spaces within the exterior walls of a dwelling unit, exclusive of garages, breezeways, unheated porches, cellars, heater rooms and approved basements having a window area of less than 10% of the square-foot area of the room. Usable floor area shall include all spaces not otherwise excluded above, such as principal rooms, utility rooms, bathrooms, all closets and hallways opening directly into any rooms within the dwelling unit. [Added 1-29-2013 by L.L. No. 1-2013] MAJOR ADDITION An addition to a principal building resulting in a twenty-five-percent or greater increase in the building footprint of the principal building, other than an erosion protection structure or a pier, dock or wharf. The increase will be calculated as the proposed livable floor area, including any additions to the principal building constructed as of the enactment date of this chapter, divided by the livable floor area of the existing principal building. [Amended 1-29-2013 by L.L. No. 1-2013] https://ecode36O.com/print/SO0452?guid=5157846,5157847,5157848,5157849,5157850,5157856,5157861,5157895,5157896,5157897,5157898,51... 3115 7/26/23,3:23 PM Town of Southold,NY General Provisions MEAN LOW WATER The approximate average low-water level for a given body of water at a given location, determined by reference to hydrological information concerning water levels or other appropriate tests. MOVABLE STRUCTURE A structure designed and constructed to be readily relocated with minimum disruption of the intended use. Mobile homes and structures built on skids or piles and which do not have a permanent foundation are examples of"movable structures." NATURAL PROTECTIVE FEATURE A nearshore area, beach, bluff, primary dune, secondary dune, wetland or marsh and its vegetation. [Amended 1-29-2013 by L.L. No. 1-2013] NATURAL PROTECTIVE FEATURE AREA A land and/or water area containing natural protective features the alteration of which might reduce or destroy the protection afforded other lands against erosion or high water or lower the reserve of sand or other natural materials available to replenish storm losses through natural processes. NEARSHORE AREA Those lands under water beginning at the near low-water line and extending waterward in a direction perpendicular to the shoreline to a point where mean low-water depth is 15 feet or to a horizontal distance of 1,000 feet from the mean low-water line, whichever is greater. NORMAL MAINTENANCE Periodic replacement or repair of same-kind structural elements or protective coatings which do not change the size, design or function of a functioning structure.A"functioning structure" is one which is fully performing as originally designed at the time that normal maintenance is scheduled to begin. "Normal maintenance" of a structure does not require a coastal erosion management permit. PERSON Any individual, public or private corporation, political subdivision, government agency, public improvement district, partnership, association, firm, trust, estate or any other legal entity whatsoever. PRIMARY DUNE The most waterward major dune where there are two or more parallel dunes within a coastal area. Where there is only one dune present, it is the "primary" one. Occasionally one or more relatively small dune formations exist waterward of the primary dune. These smaller formations will be considered to be part of the "primary dune" for the purposes of this chapter. The waterward limit of a primary dune is the landward limit of its fronting beach. The landward limit of the primary dune is 25 feet landward of its landward toe. PRINCIPAL BUILDING A building in which is conducted the main or principal use of the lot on which said building is located. [Added 1-29-2013 by L.L. No. 1-2013] RECEDING EDGE The most landward line of active erosion or, in cases where there is no discernible line of active erosion, the most waterward line of permanent vegetation. RECESSION RATE The rate, expressed in feet per year, at which an eroding shoreline moves landward. REGULATED ACTIVITY The construction, modification, restoration or placement of a structure, or major addition to a structure, or any action or use of land which materially alters the condition of land, including https://ecode360.com/print/SO0452?guid=5157846,5157847,5157848,5157849,5157850,5157856,5157861,5157895,5157896,5157897,5157898,51... 4/15 7/26/23,3:23 PM Town of Southold,NY General Provisions grading, excavating, dumping, mining, dredging, filling or other disturbance of soil. RESTORATION The reconstruction without modification of a structure, the cost of which equals or exceeds 50% of the estimated full replacement cost of the structure at the time of restoration. Modifications, however, may be allowed if they do not exceed preexisting size limits and are intended to mitigate impacts to natural protective features and other natural resources. SECONDARY DUNE The major dune immediately landward of the primary dune. The waterward limit of a secondary dune is the landward limit of its fronting primary dune. The landward limit of a "secondary dune" is 25 feet landward of its landward toe. SIGNIFICANT FISH AND WILDLIFE HABITAT Those habitats which are essential to the survival of a large portion of a particular fish or wildlife population; support rare or endangered species; are found at a very low frequency within a geographic area; support fish or wildlife populations having significant commercial or recreational value; or that would be difficult or impossible to replace. STRUCTURAL HAZARD AREA Those shorelands located landward of natural protective features and having shorelines receding at a long-term average recession rate of one foot or more per year. The inland boundary of a "structural hazard area" is calculated by starting at the landward limit of the fronting natural protective feature and measuring along a line perpendicular to the shoreline a horizontal distance landward which is 40 times the long-term average annual recession rate. STRUCTURE Any object constructed, installed or placed in, on or under land or water, including but not limited to a building; permanent shed; deck; in-ground and aboveground pool; garage; mobile home; road; public service distribution, transmission or collection system; tank; dock; pier; wharf; groin; jetty; seawall; bulkhead; breakwater; revetment; artificial beach nourishment; or any addition to or alteration of the same. TOE The lowest surface point on a slope face of a dune or bluff. UNREGULATED ACTIVITY Excepted activities which are not regulated by this chapter include, but are not limited to, elevated walkways or stairways constructed solely for pedestrian use and built by an individual property owner for the limited purpose of providing noncommercial access to the beach; docks, piers, wharves or structures built on floats, columns, open timber piles or other similar openwork supports with a top surface area of less than 200 square feet or which are removed in the fall of each year; normal beach grooming or cleanup; maintenance of structures when normal and customary and/or in compliance with an approved maintenance program; setup and maintenance of temporary wildlife protective structures; planting vegetation and sand fencing so as to stabilize or entrap sand in primary dune and secondary dune areas in order to maintain or increase the height and width of dunes; routine agricultural operations, including cultivation or harvesting; and the implementation of practices recommended in a soil and water conservation plan as defined in § 3, Subdivision (12), of the Soil and Water Conservation Districts Law; provided, however, that agricultural operations and implementation of practices will not be construed to include any activity that involves the construction or placement of a structure. [Amended 1-29-2013 by L.L. No. 1-2013] VEGETATION Plant life capable of surviving and successfully reproducing in the area or region and which is compatible with the environment of the coastal erosion hazard area. WILDLIFE PROTECTIVE STRUCTURES hftps://ecode360.com/print/SO0452?guid=5157846,5157847,5157848,5157849,5157850,5157856,5157861,5157895,5157896,5157897,5157898,51... 5/15 7/26/23,3:23 PM Town of Southold,NY General Provisions Structures, temporary in nature, used for the sole purpose of protecting the nesting and habitat of wildlife species.- (Added pecies.[Added 1-29-2013 by L.L. No. 1-2013] Article II. Regulations § 111-7. Establishment. The coastal erosion hazard area is hereby established.to classify land and water areas within the Town of Southold based upon shoreline recession rates or the location of natural protective features. The boundaries of the area are established on the final map prepared by the New York State Department of Environmental Conservation under§ 34-0104 of the New York State Environmental Conservation Law and entitled the "Coastal Erosion Hazard Area Map of the Town of'Southold," including all amendments made thereto by the Commissioner of the New York State Department of Environmental Conservation pursuant to § 34-0104 of the New York State Environmental Conservation Law. § 111-8. Permit required for regulated activities. No person may engage in any regulated activity in an erosion hazard area as depicted on the Coastal Erosion Hazard Area Map of the Town of Southold, as amended, without first obtaining a coastal erosion management permit. No coastal erosion management permit is required for unregulated activities. § 111-9. Issuance of permit. A coastal erosion management permit will be issued only with a finding by the Administrator that the proposed regulated activity: A. Is reasonable and necessary, considering reasonable alternatives to the proposed activity and the extent to which the proposed activity requires a shoreline location. B. Is not likely to cause a measurable increase in erosion at the proposed site and at other locations. C. Prevents, if possible, or minimizes adverse effects on natural protective features and their functions and protective values, existing erosion protection structures and natural resources. § 111-10. Structural hazard area. The following restrictions apply to regulated activities within structural hazard areas: A. A coastal erosion management permit is required for the installation of public service distribution, transmission or-collection systems for gas, electricity, water or wastewater, and cable service. Systems installed along the shoreline must be located landward of the shoreline structures. [Amended 1-29-2013 by L.L. No. 1-2013] B. The construction of nonmovable structures or placement of major nonmovable additions to an existing structure is prohibited. C. Permanent foundations may not be attached to movable structures, and any temporary foundations are to be removed at the time the structure is moved. Below-grade footings will be allowed if satisfactory provisions are made for their removal. D. No movable structure may be located closer to the landward limit of a bluff than 25 feet. https://ecode360.com/print/SO0452?guid=5157846,5157847,5157848,5157849,5157850,5157856,5157861,5157895,5157896,5157897,5157898,51... 6/15 7/26/23,3:23 PM Town of Southold,NY General Provisions E. No movable structure may be placed or constructed such that according to accepted engineering practice, its weight places excessive groundloading on a bluff. F. Plans for landward relocation of movable structures must be included with each application for a permit. Movable structures which have been located within a structural hazard area pursuant to a coastal erosion management permit must be removed before any part of the structure is within 10 feet of the receding edge. The last owner of record, as shown on the latest assessment roll, is responsible for removing that structure and its foundation, unless a removal agreement was attached to the original coastal erosion management permit. With the attachment of a removal agreement to the coastal erosion management permit, the landowner or the signatory is responsible for the landward relocation of movable structures. Removal agreements may be made when the last owner of record and the owner of the structure are different, with the approval of the Town at the time the permit is issued. G. Debris from the structural damage which may occur as a result of sudden unanticipated bluff edge failure, dune migration or wave or ice action must be removed within 60 days of the damaging event. H. Any grading, excavation or other soil disturbance conducted within a structural hazard area must not direct surface water runoff over a bluff face. § 111-11 . Nearshore area. Nearshore areas dissipate a substantial amount of wave energy before it is expended on beaches, bluffs or dunes by causing waves to collapse or break. Nearshore areas also function as reservoirs of sand, gravel and other unconsolidated material for beaches. Sandbars, which are located in nearshore areas, control the orientation of incoming waves and promote the development of ice cap formations which help protect shorelines during winter storms. The roots of aquatic vegetation in nearshore areas bind fine grained silts, clays and organic matter to form a fairly cohesive bottom that resists erosion. The following restrictions apply to regulated activities in nearshore areas: A. Excavating, grading, mining or dredging which diminishes the erosion protection afforded by nearshore areas is prohibited, except construction or maintenance of navigation channels, bypassing sand around natural and man-made obstructions and artificial beach nourishment, all of which require a coastal erosion management permit. B. Clean sand or gravel of an equivalent or slightly larger grain size is the only material which may be deposited within nearshore areas and requires a coastal erosion management permit. [Amended 1-29-2013 by L.L. No. 1-2013] C. All development is prohibited in nearshore areas unless specifically provided for by this chapter. § 111-12. Beach area. Beaches buffer shorelands from erosion by absorbing wave energy that otherwise would be expended on the toes of bluffs or dunes. Beaches that are high and wide protect shorelands from erosion more effectively than beaches that are low or narrow. Beaches also act as reservoirs of sand or other unconsolidated material for longshore littoral transport and offshore sandbar and shoal formation. The following restrictions apply to regulated activities in beach areas: A. Excavating, grading or mining which diminishes the erosion protection afforded by beaches is prohibited. B. Clean sand or gravel of an equivalent or slightly larger grain size is the only material which may be deposited within beach areas. Any deposition will require a coastal erosion management permit, which may be issued only for expansion or stabilization of beaches. https:/Iecode360.com/print/SO0452?guid=5157846,5157847,5157848,5157849,5157850,5157856,5157861,5157895,5157896,5157897,5157898,51... 7115 7/26/23,3:23 PM Town of Southold,NY General Provisions C. Active bird nesting and breeding areas must not be disturbed unless such disturbance is pursuant to a specific wildlife management activity approved, in writing, by the New York State Department of Environmental Conservation. [Amended 1-29-2013 by L.L. No. 1-2013] D. All development is prohibited on beaches unless specifically provided for by this chapter. § 111-13. Dune area. Dunes prevent overtopping and store sand for coastal processes. High, vegetated dunes provide a greater degree of protection than low, unvegetated ones. Dunes are of the greatest protective value during conditions of storm-induced high water. Because dunes often protect some of the most biologically productive areas as well as developed coastal areas, their protective value is especially great. The key to maintaining a stable dune system is the establishment and maintenance of beachgrass or other vegetation on the dunes and assurance of a supply of nourishment sand to the dunes. The following restrictions apply to regulated activities in dune areas: A. In primary dune areas: (1) Excavating, grading or mining of primary dunes is prohibited. (2) Clean sand of a compatible type and size is the only material which may be deposited. Any deposition requires a coastal erosion management permit. (3) All depositions must be vegetatively stabilized using species tolerant of the conditions at the site and must be placed so as to increase the size of, or restore, a dune or dune area. (4) Active bird nesting and breeding areas must not be disturbed, unless such;disturbance is pursuant to a specific wildlife management activity approved, in writing, by the Department. (5) Nonmajor additions to existing structures are allowed on primary dunes pursuant to a coastal erosion management permit and subject to permit conditions concerning the location, design and potential impacts of the structure on the primary dune. (6) Stone revetments or other erosion protection structures compatible with primary dunes will only be allowed at the waterward toe of primary dunes and must not interfere with the exchange of sand between primary dunes and their fronting beaches. B. In secondary dune areas: (1) All depositions must be of clean sand of a compatible type and size, and all grading must be performed so as to increase the size of, or restore, a dune or former dune area. (2) Excavating, grading or mining must not diminish the erosion protection afforded by them. (3) Nonmajor additions to existing structures are allowed on secondary dunes pursuant to a coastal erosion management permit. (4) Permitted construction, reconstruction, restoration or modifications must be built on adequately anchored pilings such that at least three feet of open space exists between the floor joists and the surface of the secondary dune; and the permitted activity must leave the space below the lowest horizontal structural members free of obstructions. C. All other activities and developments in dune areas are prohibited unless specifically provided for by this chapter. D. The restrictions of§ 111-16, Traffic control, apply to dune areas. § 111-14. Bluff area. https://ecode360.com/print/SO0452?guid=5157846,5157847,5157848,5157849,5157850,5157856,5157861,5157895,5157896,5157897,5157898,51... 8/15 7/26/23,3:23 PM Town of Southold,NY General Provisions Bluffs protect shorelands and coastal development by absorbing the often destructive energy of open water. Bluffs are a source of depositional material for beaches and other unconsolidated natural protective features. A. The following activities are prohibited on bluffs: (1) Excavating or mining, except when in conjunction with conditions stated in a coastal erosion management permit issued for minor alterations in construction of an erosion protection structure or for provision of shoreline access. (2) The restrictions of§ 111-16,Traffic control, apply to bluffs. (3) All development unless specifically allowed by§ 111-14B of this chapter. (4) Disturbance of active bird nesting and breeding areas, unless such disturbance is pursuant to a specific wildlife management activity approved, in writing, by the New York State Department of Environmental Conservation. [Amended 1-29-2013 by L.L. No. 1-2013] (5) Soil disturbance that directs surface water runoff over a bluff face. B. Activities specifically allowed under this section are: (1) Minor alteration of a bluff done in accordance with conditions stated in a coastal erosion management permit issued for new construction, modification or restoration of an erosion protection structure. (2) Bluff cuts done in accordance with conditions stated in a coastal erosion management permit issued for the provision of shoreline access, where: (a) The cut is made in a direction perpendicular to the shoreline. (b) The ramp slope may not exceed 1:6. (c) The side slopes may not exceed 1:3, unless terraced or otherwise structurally stabilized. (d) The side slopes and other disturbed nonroadway areas must be stabilized with vegetation or other approved physical means. (e) The completed roadway must be stabilized and drainage provided for. (3) New construction, modification or restoration of walkways or stairways done in accordance with conditions of a coastal erosion management permit. (4) Nonmajor additions to existing structures on bluffs, pursuant to a coastal erosion management permit. § 111-15. Erosion protection structures. The following requirements apply to the construction, modification or restoration of erosion protection structures: A. The construction, modification or restoration of erosion protection structures must: (1) Not be likely to cause a measurable increase in erosion at the development site or at other locations. (2) Minimize and, if possible, prevent adverse effects upon natural protective features, existing erosion protection structures and natural resources such as significant fish and wildlife habitats. https:Hecode360.com/print/SO0452?guid=5157846,5157847,5157848,5157849,5157850,5157856,5157861,5157895,5157896,5157897,5157898,51... 9/15 7/26/23,3:23 PM Town of Southold,NY General Provisions B. All erosion protection structures must be designed and constructed according to generally accepted engineering principles which have demonstrated success or, where sufficient data is not currently available, a likelihood of success in controlling long-term erosion. The protective measures must have a reasonable probability of controlling erosion on the immediate site for at least 30 years. C. All materials used in such structures must be durable and capable of withstanding inundation, wave impacts, weathering and other effects of storm conditions for a minimum of 30 years. Individual component materials may have a working life of less than 30 years only when a maintenance program ensures that they will be regularly maintained and replaced as necessary to attain the required 30 years of erosion protection. D. A long-term maintenance program must be included with every permit application of construction, modification or restoration of an erosion protection structure. The maintenance program must include specifications for normal maintenance of degradable materials. To assure compliance with the proposed maintenance programs, a bond may be required. § 111-16. Traffic control. Motorized and nonmotorized traffic must comply with the following restrictions: A. Motor vehicles must not travel on vegetation, must operate waterward of the debris line and, when no debris line exists, must operate waterward of the waterward toe of the primary!dune or bluff. B. Motor vehicle traffic is prohibited on primary dunes, except for officially designated crossing areas, and on bluffs. C. Pedestrian passage across primary dunes must utilize elevated walkways and stairways or other specially designed dune crossing structures. Article III. Emergency Activities § 111-17. Applicability. The requirements of this chapter do not apply to emergency activities that are necessary to protect public health, safety or welfare, including preventing damage to natural resources. Whenever emergency activities are undertaken, damage to natural protective features and other natural resources must be prevented, if possible, or minimized. § 111-18. Notification to Administrator. The Administrator must be notified by the person responsible for taking the emergency measures within two working days from the commencement of an emergency measure and a description of the problem and activities provided. The description must be in written form, outline the public health or safety or resource for which protection was sought and relate the measures which were taken to secure the protection. § 111-19. Improper or insufficient notification. If the.Administrator determines that regulated activity has been undertaken without a coastal erosion management permit and does not meet the emergency activity criteria, then the Administrator will order the immediate cessation of the activity. In addition, the Administrator may require: https://ecode360.com/print/SO0452?guid=5157846,5157847,5157848,5157849,5157850,5157856,5157861,5157895,5157896,5157897,5157898,5... 10/15 7/26/23,3:23 PM Town of Southold,NY General Provisions A. Removal of any structure that was constructed or placed without a coastal erosion management permit; and B. The return to former conditions of any natural protective feature that was excavated, mined or otherwise disturbed without a coastal erosion management permit. Article IV. Variances and Appeals § 111-20. Variances from standards and restrictions. Strict application of the standards and restrictions of this chapter may cause practical difficulty or unnecessary hardship. When this can be shown, such standards and restrictions may be varied or modified, provided that the following criteria are met: A. No reasonable, prudent, alternative site is available. B. All responsible means and measures to mitigate adverse impacts on natural systems and their functions and values have been incorporated into the activity's design at the property owner's expense. C. The development will be reasonably safe from flood and erosion damage. D. The variance requested is the minimum necessary to overcome the practical difficulty or hardship which was the basis for the requested variance. E. Where public funds are utilized, the public benefits must clearly outweigh the long-term adverse effects. § 111-21 . Format and procedure. Any request for a variance must be in writing and specify the standard, restriction or requirement to be varied and how the requested variance meets the criteria of § 111-20 of this chapter. The burden of demonstrating that the requested variance meets those criteria rests entirely with the applicant. § 111-22. Fees. Each variance request must be accompanied by the required fee of$250, unless said fees are modified by the Town Board under separate resolution. § 111-23. Expiration. Any construction activity allowed by a variance granted by the Coastal Erosion Hazard Board of Review must be completed within one year from the date of approval or approval with modifications or condition. Variances expire at the end of this one-year period without further hearing or action by the Coastal Erosion Hazard Board of Review. U-1-1=-4-Coastal--E.rosion Hazard-Board o -Review. The Southold Town Board is hereby designated as the Coastal Erosion Hazard Board of Review and has the authority to: https://ecode360.com/printISO0452?guid=5157846,5157847,5157848,5157849,5157850,5157856,5157861,5157895,5157896,5157897,5157898,5... 11/15 7/26/23,3:23 PM Town of Southold,NY General Provisions A. Hear, approve, approve with modification or deny request for variances or other forms of relief from the requirements of this chapter. B. Hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made-by-the-Administrator in the enforcement of this chapter, including any order requiring an allegedviolator to stop, cease-and desist. § 111-25. Appeal to Board of Review. [Amended 1-29-2013 by L.L. No. 1-2013] The Coastal Erosion Hazard Board of Review may, in conformity with the provisions of this chapter, reverse-or-affirm, wholly or partly, or modify the order, requirement, decision or determination of the C7 —*Ad incl ding stop or cease-and-desist orders. Notice of such decision will forthwith be given `to all-parties-in-interest. The rules and procedures for filing appeals are as follows: A. Appeals may be made only by the applicant in the underlying decision. B. Appeals must be filed with the Town Clerk within 30 days of the date of the adverse decision. C. All appeals made to the Coastal Erosion Hazard Board of Review must be in writing on standard forms prescribed by the Board. The Board will transmit a copy to the Commissioner of the New York State Department of Environmental Conservation for his/her information. D. All appeals must refer to the specific provisions of this chapter involved and specify the alleged errors, the interpretation thereof that is claimed to be correct and the relief which the appellant claims. § 111-26. Appeal to Supreme Court. Any person or persons jointly or severally aggrieved by a decision by the Coastal Erosion Hazard Board of Review or any officer, department, board or bureau of the Town may apply to the Supreme Court for review by a proceeding underArticle 78 of the Civil Practice Law and Rules. Article V. Administration and Enforcement § 111-27. Coastal erosion management permit. A coastal erosion management permit will be issued for regulated activities which comply with the general standards (§ 111-9), restrictions and requirements of the applicable sections of this chapter, provided that the following are adhered to: A. The application for a coastal erosion management permit must be made upon the form provided by the Administrator and must include the following minimum information: (1) A description of the proposed activity. (2) A map drawn to a scale no smaller than 1:24,000, showing the location of the proposed activity. (3) Any additional information the Administrator may require to properly evaluate the proposed activity. B. Each application for a coastal erosion management permit must be accompanied by the required fee or fees as established by the Town Board under separate resolution. C. Permits will be issued by and bear the name and signature of the Administrator and will specify the: https:Hecode360.com/print/SO0452?guid=5157846,5157847,5157848,5157849,5157850,5157856,5157861,5157895,5157896,5157897,5157898,5... 12/15 7/26/23,3:23 PM Town of Southold,NY General Provisions (1) Activity or operation for which the permit is issued. (2) Address or location where the activity or operation is to be conducted. (3) Name and address of the permittee. (4) Permit number and the date of issuance. (5) Period of permit validity. If not otherwise specified, a permit will expire two years from the date of issuance. [Amended 1-29-2013 by L.L. No. 1-2013] (6) Terms and conditions of the approval. D. When more than one coastal erosion management permit is required for the same property or premises under this chapter, a single permit may be issued listing all activities permitted and any conditions, restrictions or bonding requirements. Revocation of a portion or portions of such consolidated permits will not invalidate the remainder. E. A coastal erosion management permit may be issued with such terms and conditions as are necessary to ensure compliance with the policies and provisions of Article 34 of the Environmental Conservation Law, the Coastal Erosion Management Regulations implementing said Article 34 (6 NYCRR 505) and the laws and policies of the Town. F. When an application is made for a coastal erosion management permit, variance thereto or other form of approval required by this chapter, and such activity is subject to other permit, variance, hearing or application procedures required by another federal, state or local regulatory agency pursuant to any federal, state or local law or ordinance, the Zoning Enforcement Officer shall, at the request of the applicant, consolidate and coordinate the application, permit, variance and hearing procedures as required by each regulatory agency into a single, comprehensive hearing and review procedure. However, nothing contained in this section shall be deemed to limit or restrict any regulatory agencies which are properly a party to such a consolidated review proceeding from the independent exercise of such discretionary authority with respect to the issuance, denial or modification of such permits, variances or other forms of approval as they may have been granted by law. [Amended 1-21-1992 by L.L. No. 1-1992] G. In the event that the Board determines that an engineer's report is necessary to assist it in its determination, then the Board shall secure an engineer to evaluate the impact of the application upon the rate of coastal erosion. The fee necessarily attending to such engineer's services shall be bome by the applicant and shall not exceed $2,500. § 111-28. Bond. The Town may require a bond or other form of financial security. Such bond or security must be in an amount with such surety and conditions as are satisfactory to the Town so as to ensure compliance with the terms and conditions stated in the coastal erosion management permit. § 111-29. Powers and duties of Administrator. The authority for administering and enforcing this chapter is hereby conferred upon the Administrator. The Administrator has the powers and duties to: A. Apply the regulations, restrictions'and standards or other provisions of this chapter. B. Explain to applicants the map which designates the land and water areas subject to regulation and advise applicants of the standards, restrictions and requirements of this chapter. https://ecode360.com/print/SO0452?guid=5157846,5157847,5157848,5157849,5157850,5157856,5157861,5157895,5157896,5157897,5157898,5... 13/15 7/26/23,3:23 PM Town of Southold,NY General Provisions • C. Review and take appropriate actions on completed applications. D. Issue and sign all approved permits. E. Designate the Southold Town Police Department, the Bay Constables, and/or the Office of Code Enforcement to enforce violations of this chapter and notice of violations against property owners or other responsible persons. [Amended 1-29-2013 by L.L. No. 1-2013] F. Prepare and submit reports. G. Perform compliance inspections. H. Serve as the primary liaison with the New York State Department of Environmental Conservation. I. Keep official records of all permits, inspections, inspection reports, recommendations, actions of the Coastal Erosion Hazard Board of Review and any other reports or communications relative to this chapter or request for information from the New York State Department of Environmental Conservation. J. Perform normal and customary administrative functions required by the Town relative to the Coastal Erosion Hazard Areas Act, Article 34 of the New York State Environmental Conservation Law, 6 NYCRR 505 and this chapter. K. Have, in addition, powers and duties as are established in or reasonably implied from this chapter as are necessary to achieve its stated purpose. § 111-30. Interpretation. The provisions, regulations, procedures and standards of this chapter will be held to be the minimum requirements necessary to carry out the purposes of this chapter. § 111-31 . Conflicts. The provisions of this chapter will take precedence over any other laws, ordinances or codes in effect in the Town to the extent that the provisions of this chapter are more stringent than such other laws, ordinances or codes. A coastal erosion management permit issued pursuant to this chapter does not relieve the permit applicant from the responsibility of obtaining other permits or approvals as may be necessary, nor does it convey any right or interest in real property. § 111-32. Severability. The provisions of this chapter are severable. If any clause, sentence, paragraph, subdivision, section or part is adjudged invalid by a court of competent jurisdiction, the effect of such order or judgment does not affect or'invalidate any other provisions of this chapter or their application to other persons and circumstances. § 111-33. Environmental review. All regulated activities are subject to the review procedures required by the New York State Environmental Quality Review Act(SEAR),Article 8 of the New York State Environmental Conservation Law. The applicant may be required to submit information necessary for compliance with SEQR in addition to information required under this chapter. https://ecode360.com/print/SO0452?guid=5157846,5157847,5157848,5157849,5157850,5157856,5157861,5157895,5157896,5157897,5157898,5... 14/15 7/26/23,3:23 PM Town of Southold,NY General Provisions § 111-34. Penalties for offenses. [Amended 10-11-2005 by L.L. No. 16-2005] An offense of a provision of this chapter is a violation punishable by a fine not exceeding $5,000 or imprisonment for a period not to exceed 15 days, or both. Each day on which such violation occurs will constitute a separate additional violation. Nothing herein shall be construed to prevent local authorities of the Town from taking such other lawful actions as may be necessary to restrain, correct or abate any violation of this chapter. Article VI. Amendments § 111-35. Procedure. The Town Board may, on its motion or on petition or on recommendation from the Trustees, amend, supplement or repeal the provisions, regulations, procedures or standards of this chapter. When an amendment is duly proposed, the Town Board must: A. Notify the Commissioner of the New York State Department of Environmental Conservation, in writing, of all proposed amendments and request his advice as to whether such amendment is subject to his approval and, if so, whether such amendment conforms to the minimum standards of a certified program. B. Issue public notice and conduct a hearing on all proposed amendments. The Town Board, by resolution, must cause notice of such hearing's time, date and place to be published in the official newspaper not less than 10 days prior to the date of the hearing. C. Refer the proposed amendment at least 30 days prior to the public hearing, in writing, to: (1) The Trustees, unless initiated thereby, for their review of the amendment and their report to the Town Board of recommendations thereon, including a full statement of reasons for such recommendations. (2) The County Trustees for their review and recommendations pursuant to Article 12-13, § 239, of the New York State General Municipal Law. § 111-36. Certification. After enactment, the amendment must be sent to the Commissioner of Environmental Conservation for certification. https://ecode360.com/print/SO0452?guid=5157846,5157847,5157848,5157849,5157850,5157856,5157861,5157895,5157896,5157897,5157898,5... 15/15 PROJECT/ZONING D„AJA__------- -- y---- LOT COVERAGE- - __—__----- - -L O N 6 ISLAND S o U 02 x LOT TAX MAP# 1000-59-I-I DESCRIPTION(FOOTPRINT) AREA CO%/ERAGE r �•€ --------z Wim a R-40 NO 1 _____------""- ZONING DISTRICT °wa¢g g TOTAL LOT AREA TO TIE LINE® °16,595.0 S.F. -----" .0 LOT AREA 0.38 ACRES MEAN HIGH WATER 1 _ ----- d"'TO` GofO -ADDITION TO DWELLING Z2597;10/28/1966 TOTAL LOT AREA(LANDWARD OF ' .91 a (0,015.0 S.F. Ic� u=i,3aLLO GofO - ALTERATION TO G.E.H.L.) al o a o o W o DWELLING Z10232;10!31/1980 101 Q Z W o a EXISTING 2 STORY FRAME HOU5E 1,249.0 S.F. 20.6% ____---------------- 0=. < o CofO -AGGESSORY STORAGE Z24?I?;10/29/19o= 96 1 - z W W _ SHED ADDITION EXISTING 2ND STORY DECKS 582.0 S.F. 14.1 v _____-- 0 0 4 "'�-�`+ GofO -DECK 35199;7/5/2012 10084' �� a ozon:m o¢ PROPOSED ADDITION 115.0 S.F. 1.9% __ x w o a o= Gofo -PRE-EXIST DWELLING 3-1325;12/16/2014 ' _ 51'41 RECEIVED , "�"^'�" ' RECEIVE® GofO -RESIDENTIAL TOTAL AREA OF ALL STRUCTURES 2246.0 S.F. 37.3% �� � z a s z a 3-7996;12/25/2015 __---- --- o W I,N Z,0 ALTERATION --------"- 0.0<z. ' FEMA FLOOD ZONE VEI3 d VEIb ""MAXIMUM LOT COVERAGE ALLOWED -20% 1 ""- 1 it o z a Y w -- » m. � MAY 0 3 2023 LL w a oo WETLANDS DISTRICT "75"1"7 d -75-no;6/22/2011 -"- --- - - - __--- "------"- 1 ~j z a 3 z -- w azu;oc�aa DEG DISTRICT PERMIT AND DATE REQUIRED 5ET$AGKS-�JALN BUIL-DING --- - _ ----------- 1 � o x_a x I I a zc�Wao�¢ SUFFOLK COUNTY HD APPROVAL PERMIT# x OF BED. b`--" _ _ _ _ L — — Zening Board of Appeal s F o W W a=Fx�F> REQUIRED EXIST. PROPOSED COMPLIES ' - - - - - - 1 W ~ w HABITABLE SPACE _ EXISTING PROPOSED _ZLIC KW.Ai - _ - - o a a a a x FIRST FLOOR AREA 195 S.F. 795 S.F. FRONT YARD 35.0' 39.-7' 39.7' Y 1 - ^ nar i SECOND FLOOR AREA 1,249 S.F. 1,364 5.F. SIDE YARD '0-0' 19.7' 19.7' Y THIRD FLOOR AREA 0 S.F. 904 S.F. ' r BOTH SIDE YARDS 25.0' 655' 58.1' I Y ----------- � TOTAL BEDROOM COUNT 2 5 -- --_ ___-___-___ -�° QD m•a•we �,- REAR YARD 35.0' 74.3' 74.3' Y � • / 70 a - -- \ 1 0 U FT1, -- ---- - ° .' s Y; TOP OF `fl ..�eos•. I 4 roF OF DIae � ------' ^�', 4 ' 5.14 ` 1124' 10 + 10 •a+ MAY BALES AID/O/{C SILT I —I-- I - v.e_.ra• p .\\ < I a W FEIGNS,TO BE VTI IgD P s[ 0 wRINs GONSTRXTION FEZ] \ _ urroat D[tIc - b exlsr. K 10K/9J4' FRAME DECK (6.9'XIZS) -- - w nw osr. -F I r1 I F O I \ 9\551 PROPOSED DcK ABOVE Sn FRST STORY Q I —1 earaearip 1D ,vo'°i+nas �1I+•o, pp >Q I1 - a } I 10 / ecr 3 i s3 MI6 p' 'him O S�; 0 +ic i 11 tlf - - - - I - - - _ I _ z ON A RKSTI”TWO STORY - - --�" � b _ _ - - - - - I ' - - - � Y I SHOWER $ (8A 10MI . -- .21 zom He fd - _ _ b iw Il- Sp. �M T� \\\ < +•� •35.30'W �+ uR +.� 100.00 � Cl N Z o_ 0 LEETON DRIVE � OZ 9A6' 945' � I c e w 20 z �o x Q ' PROPOSED 51 TE PL � � AN J aorto.�a•Iq+oM ewsT. �r�r v.e � o sRAVE WALK FRAM DEGc I ' 11.1°1 Q - - - - 5' RONT YARD SETBACK N C SCALE: 1" = 30'-0" N 3 �0/ J LL SITE LAYOUT NOTES: (� � •. I. THIS 15 AN ARCHITECTS SITE PLAN d 15 0 a. SUBJECT TO VERIFICATION BY A LICENSED o I +690 SURVEYOR. THE INFORMATION a \ REPRESENTED ON THI5 SITE PLAN 15 TO THE �'OR SILT ,i`; = ARGHITEGT'S BEST OF KNOWLEDGE. TON m 11s� +6.99' II g a � ` _"-.•' � d' 2.SURVEY INFORMATION WAS OBTAINED FROM A SURVEY DATED 09-29-2022 AND PREPARED BY: N 6 ' 4 �_s sd :eSOALICE LAND N I `'yr VEYIN6 M SLAND5URVEY.GO0 Q \ _ — �• t %�`$ 631-957-2400 ENLA�ROED 51 TE PLAN `� �` a 50ALE: 1" = 20'-0" a. GENERAL SYMBOL <Q : Ir a o a~ EXISTING TO REMAIN NEW FOUbmATION WALL ��wZma �Cg3o IC4 NEW WOOD nwm m a¢a g a z a a==mow =w awo QwF-�2 Z J "T, :U O Z=7 R y U 0 `, ww'oRoo RECEIw000= a¢Z g.5, � �"'¢oaYa MAY 0 3 2023 --��� U O W OQZYI oLL w Q�¢�w eals �,��3` of App a2!az Zoning Board 0 2 M°a i Ls Rw a H 0 V F w s w=o w—n Q Z U H O U V MM QO:�D:KQ H U LL Q 2 FY16T nFr ewsnNs ROOF W . r- _�roeeoe+ou>Hm L EMSTINB ROOP 1 --'n FJOSnNe ROOF _ roeeo"oLl>HmroOL,ve+ouSl® ------------II -_`-__ ------------------- L------- ___________________ J __________ n, W �1 i 1 U c: � •cn - - - - - -EXIST, EXIST, N � LIVIN6 ROOM CLL ��Cl WEST ELEVATION (LEFT SIDE) ROOF DEMOLITION ----- __-- SCALE, 1/8•=I'-0• a �S�NAIL ToBe O@fOLl9f!® MRnm Of-MST. c Ism LLJI Z FYlar �� to p o 5LTQ+RN Z EAST EAST, 1D1°. i u i N ~ O Z sErROOMui Q 0 D aer. �O r�o��m O z.a J D O N O o I I FORTION OF EMST. vcxrox O vNLL • I I I I oeroLl>r� I � �` s ������ Q e-I N O@�IOLInoN NOTE, PROVmE SNORINt!AND SUPPORT TO ALL A FMTM STN1OnlRAL 14i�3 NUOR 7l�M f.0!?BY.C�ff F_+09T71b DOOPtJ `� ,� 7 _ OP ANY OEMDLInON OR OOIL9nalOTION TO M MMOV® TETIPORAQ+'dVRINS&MMO^S,_�Il16 NOTES, ` —� I.UISTALL TC•S•.MSTS BIIOCI PGl OB�OLInON T '� 0y� PLAN PM OETAIL9. 15' [4oS S.NSTALL NEN OUOM FM PROMS®RAN!,er-raRE ]o'C Li'•. `•• EAST.Fl.00Pt,IOHrJ TO 16'161RDHL i/•�a ' 4.Re•WVL'nar.FOSTJ t dFtplm. v+` �•+p' N i o N N M SECOND FLOOR DEMOLITION PLAN SCALE, 1/8•=1'-0• 0 Qa GENERAL 5YMBOL KEY: a oQ = Q'a r=j E'051Ne TO REMAIN NEW FOUNDATION WALL �:w Z m w'wr ma�ag¢ NEW WOOD FRAME o�3N�o RECEIVED a==�oLL ��3aLL� ZQ�wW< MAY 0 3 2023 t0:U �O (� o=a 0.Zw�W� aW ¢F Zoning Board of Appeals =w s a oA2 R = z MfOj - - - -I WQo<�W �9�=3a — — — aZWo r — — — z°�FoQ .W U U U w Q' — — — — — — —Q — — — — — — — — _ — — — Q. 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PROPOSED 22L >p Q BEDROOM QL QL J J � r -4LI - D . as n . I 4 :? ^ -aid m bD.OMF• PROF. 9 e I R 5L7 4 LOL 51-_, -LT-IN ^ O O_ O ex sL RYIST W K b'DvuoDOM E Q 0 GL. n aDr� Q 2 PROP, o � O 7 4 ual J N O ON r 4 O-0 T-T 1ki' o aLu ll f 11 RY_I4_r ID___ 14- IL IL D! Y Ih N 1 N N 0 5 SO 20 0 5 10 20 PROPOSED SECOND FLOOR PLAN GRA �S LE PROPOSED THIRD FLOOR PLAN GRAPHICSCALE W L�11 SCALE:1/B°=1'-O° SCALE: 1/6°= 1'-0° oa �z3 W o Q wW=3o ma¢aga 2ajyj�m =FFa W.-I O Q W O W U RECEIVED ;waJ�o K U Q F O=K MAY 0 3 2023 $ �wo>z ? a d J=l-U � [Z'J NQZpQa [3oard of Appeals o W -Z HE Zoning NJ Oz Q Z N LLWQ�Q�W opo; : r��z3Q <Zwo7x<W x a1Sow F-� M��ml w Z U H O U N � F=-UQQO.QS U — N � +� m EAST ELEVATION (RIGHT SIDE) -� 50ALE: I/8"- V-O" !` PROP.RU6E HEIGHT a W ..X413'•� Q 12 F1 5� a 4 \ \ E%19T.RIDGE HEI6HT \ \ \ \ \ PROPD:ED THIRD FLOOR FINISH W ELEV..25b' --- — r N Z p •�-I _ O r -- O H zpp Z C) 4 o0 O0Q ° r o No E)<ISTN6 5Eto1m PtaoR PINISH ELEV..16.4' TA W Q UI O a PLOOD zrnrE VE ID ELEv..I�o' Q EX19T.6ARAE£•6ROUIm N ELEv..TD' t N CNI ADJILEM GRADE M ELEV..T.2' O SOUTH ELEVATION (FRONT) SCALE: I/b" = V-O" o a Iii Q W W S ' ��wZma wWKg33 oa o 3wgQ RECEIVED z ^,Q ¢m s t"�aW W �W3QWO 0 3 2023 W MATaw4,�Z J¢U Q O I O S a¢N U O�z mFNR Zoning Board of Appeals W ZO o o z 'aa�>�� O N H z U Q 2 1 n✓1 ¢Oz�QYw ���wz3Q Qzi,iz�aw tio¢°Q¢a z-oma ow j U N W U W IA zSH o2 W z U O U N � 2 O¢O¢¢Q H U Q Q a 6 S U N D +� m WEST ELEVATION (LEFT SIDE) !E + SCALE: 1/5' - I'-0" U aW IZ Q 5r- � Jr Orr, Fr TrIlF I [I r] n r] Fn 'n I a W — � ~ - 67 � Z o � O N t= O Z - ao � o � a � O o = 0 r`- N oLL 10 J V) Q ROL a 0 r 1 N Q NORTH ELEVATION (REAR) a � o a THE BEARINGS SHOWN HEREON ARE BASE ON LIBER 13024 PAGE 0113 RECEIVED MAY ® 32OD Zoning Board of APP (FOR HEALTH DEPARTMENT USE ONLY) KENNEYS ROAD NOI NOTE* NO VISIBLE WELLS WITH IN 150' NO VISIBLE WETLANDS WITH IN 300' OF SUBJECT PROPERTY OF SUBJECT PROPERTY g O� TAX LOT 3.1 I I I PVC I 1 1 FEN 1 w I I III 2.8' �� 210.00, —2.4' 1pvcIt I � o 0, I I170.09' M z NATURAL FEN. +� I�oVEGETATION` ^y '!���. DO os ,Y(�%I ; I .jl 4j1 \ M M 'I I \I r°9iP w C_i:! j•'� co iI Imo_ I m I I �I \ i'\ ..iIW/B. CURB ,\' ; . Li � �. FSI 1 TAX LOT 1 I 1, 1' _!_, 1,3` ,I [� O 1 I i I �I WOOD PLAT. r i_17-.` l? 1 i'YJ 17MAS.'�7-1 / I I I .." q I 11 I p ( j of If 12.3' C I FRAME-' PROPANE l IN I i SHED TANK 39.7' I m + titi 36.3' II O WO}1 III t1 1) Ij I II iI _I3I,6I'1III 1I_ut ITI GO q NATURAL NECI E VEGETATION m 6.41 I I r N)I o3 ci i PEAK =2886\/1AO 00 +'1 3oo No3 � fI_ t•'G_-RhAVEBL+[yDRCIk VEW URBk¢am¢ eL3' lI1,4 a I WOOD CURB HOWER WALL I „p o I O I o h. Q 'I - + ( I^. ♦ ,�, RET. WALL'S co I I ,� I ;IC 1 +D. c(15) I PVC NATURAL oy . VC M1 QI I I I 1 '�PFEN a lopPIPE0 fi61,.8d 9,�6 VEGETATION O.fi Oy4'- --/ + PIPE I _ " ^ —— 61 PVC FEN. —� 207.00 — ; --N44024'30,,w,zo �w MIV 1 I M TAX LOT 1 0 _ �I W Q z>I� N N N NOTE*• NI FEMA MAP #36103CO154H SYMBOL LEGEND EFFECTIVE DATE 9-25-09 El MONUMENT FND Q MANHOLE TEST HOLE 0 I.P. /I.B. FND "A"—INLET TREE NQTEe ® I.P. /I.B. SET "B"—INLET SHRUB Ap35a SPOT ELEVATIONS D YARD INLET 0 BOLLARD NO WETLAND FLAGS WERE OBSERVED AT THE TIME OF OUR SURVEY CQ) UTILITY POLE Q YARD INLET . WETLAND FLAG GUY WIRE ❑E ELECTRIC METER CANT. CANTILEVER N,QTEe UTILITY POLE W/LIGHT © GAS METER FE.FENCE NO SEPTIC OR DRYWELL LIDS WERE LIGHT POLE © WATER METER MAS.MASONRY OBSERVED AT THE TIME OF OUR SIGN M GAS VALVE PLAT. PLATFORM SURVEY —� PVC FENCE (PVC) [� WATER VALVE W.W. WINDOW WELL LOT AREA —fl— STOCKADE FENCE (STK) B/W BAY WINDOW —X— CHAIN LINK FENCECLF 0/H OVERHANG " 20,850.00 S.F. —— WIRE FENCE S )R/0 ROOF OVER C/E CELLAR ENTRANCE 0.48 AC. e�Yo FIRE HYDRANT D.C. DEPRESSED CURB Z A/C UNIT ® CROSS CUT G.O.L. GENERALLY ON LINE & STAKE FIND � GRAPHIC SCALE O/L ON LINE 30 0 15 30 * ALL ELEVATIONS REFER TO NAVD88' DATUM r0 ( IN FEET ) 2 109/29/20221 REVISED SURVEY RRT TR 1 inch = 30 ft. 1 1 107/13/20221 UPDATED CONTOURS AND SPOT ELEVATIONS TR JDL REV I DATE IDESCRIPTION BY I CHK OF NERVY SURVEY OF PROPERTY *Po�ID CEA p7�y09 SCALICE 1200 LEETON DRIVE v and survey i n g SITUATE TOWN OF SOUTHOLD �2 �° mjslcndsurvey.com P:631 —957-2400 SUFFOLK COUNTY, NEW YORK S� 050736 Q� DR.:MC CREW.:JP SCALE: 1° = 30' O �q ND SJ TAX MAP N0. DATE SURVEYED:07/01/2022 JOB No.S22-1867 1000-059.00-01.00-001.000 (1)UNAUTHORIZED ALTE-11 N OR ADDITION TO THIS SURVEY MAP BEARING A LICENSED LAND SURVEYOR'S SEAL IS A VIO_ATIGN OF SECTION 7209,SUB-DIVISION 2,OF NEW YORK STATE EDUCATION LAW.(2)ONLY BOUNDARY SURVEY MAPS WITH THE SURVEYOR'S EMBOSSED SEAL ARE GENUINE TRUE AND CORRECT COPIES OF THE SURVEYORS ORIGINAL WORK AND OPINION.(3) CERTIFICATIONS ON THIS BOUNDARY SURVEY MAP SIGNIFY THAT THE MAP WAS PREPARED IN ACCORDANCE WITH THE CURRENT EXISTING CODE OF PRACTICE FOR LAND SURVEYS ADOPTED BY THE NEW YORK STATE ASSOCIATION OF PROFESSIONAL_AND SURVEYORS,INC.THE CERTIFICATION IS_TARRED TO PERSONS FOR WHOM THE BOUNDARY SURVEY MAP IS PREPARED,TO THE TITLE COMPANY,TO THE GOVERNMENTAL AGENCY,AND TO THE_ENDING INSTITUTION LISTED ON THIS BOUNDARY SURVEY MAP.(4)THE CERTIFICATIONS HEREIN ME NOT TRANSFERABLE(5)THE LOCATION OF UNDERGROUND IMPROVEMENTS OR ENCROACHMENTS ARE NOT ALWAYS KNOWN AN OFTEN MUST BE ESTIMATED.IF ANY UNDERGROUND IMPROVEMENTS OR ENCROACHMENTS EXIST OR ARE SHOWN,THE IMPROVEMENTS OR ENCROACHMENTS ARE NOT COVERED BY THIS SURVEY (6)THE OFFSET(OR DIMENSIONS)SHOWN HEREON FROM THE STRUCTURES TO THE PROPERTY LINES ARE FOR A SPECIFIC PURPOSE AND USE AND THEREFORE ARE NOT INTENDED TO GUIDE THE ERECTION OF FENCES,RETAINING WALLS,POOLS,PATIOS PANTING AREAS, ADORIONS TO BUILDINGS,AND ANY OTHER TYPE OF CONSTRUCTION (7)PROPERTY CORNER MONUMENTS WERE NOT SET AS PART OF THIS SURVEY.(8)THIS SURVEY WAS PERFORMED WITH A SPECTRA FOCUS 30 ROBOTIC TOTAL STATION. (9)THE EXISTENCE OF RIGHTS OF WAY AND/OR EASEMENTS OF RECORD IF ANY.NOT SHOWN ME NOT GUARANTEED.(10)SURVEY IS SUBJECT TO ANY STATE OF FACTS WHICH AN UP-TO-DATE TITLE EXAMINATION MAY DISCLOSE (L a 0 W W J Q' J J a r 0 F c ----------------------------------------------------- - z °C Q W o) (03 - ---- - - - -- -- - - z --- -- — - - _ - - -- W Lc) cr IH ---- W h D Ln - -- — --- ---- -- - _ _ cr. 1 g o - - — -- ----- --- - ----- - 10----- ---- -- •r--------- ------- --- I - I I 0 NEAREST DISTANCE TO I' _ �p7�I - - - - ----.-- -- ---- _-.--. NEAREST VISTAWE TO PA. O SO 6,MTERLY PA- R - --- - -- - -- LED 0 El 0 0 5 10 20 5KY PLANE VIAORAM: FACING NORTHEAST ----------------------------------------------------------- ---------------------------------------------------------- - — - - -- ------- ------------ L L -- 3 - I - --- _ - - - PROJECT: ------------- ------ ------ LAZOS �s = - --_------ - �� RESIDENCE 1200 LEETON DRIVE SOUTHOLD,NY 11971 0 ------------ ----- ^.__ MAR£sT DISTANOE TO 0 p NEAREST DISTANCE TO ------- .-- -_- --- -- TIE LINE 1 HEMI HIGH MATER - 50VrWA6TERLY P/L -- . - -__-- ---. DRAWING TITLE: •LEETON DRIVE —"_— TOP OF DVNt 6.5 SKY PLANE SECTIONS NY PAGE: SKY PLAN DIAGRAM: FACING SOUTHEAST _, SCALE: I/8•. I'-0- SKY-1 od �c r o )I'll DAT=02/23/ ## S�223 ## �ZOZ 0 X0 COA033%d MO. 15" 03740�a ,10�- 4F N�� THE BEARINGS SHOWN HEREON ARE BASE ON LIBER 13024 PACE 0113 Co Wo fi (FOR HEALTH DEPARTMENT USE ONLY) KENNEYS ROAD NOTE! NOTEm1 NO VISIBLE WETLANDS WITH IN 300• NO VISIBLE WELLS WITH IN 190' 1 OF SUBJECT PROPERTY OF SUBJECT PROPERTY 1 :Q "It — 1 ad 1 T f 4 ;r 11 r'M1• TAX LOT 3.1 i I ' 1 ,1 344°24'30."E -- T=-- - -'- ��••��'�.,• { 170.09' 44 >t NATURAL y FdN VEGETATION '•' - .p� �1 Q 1 I ` '4 ^Fn' I I �G+AVEL DAIVEWAT� I LFA W/Ba,NRB L� :TAx Le r I : !ur.' r 'n ?ALAI Q ^'� It '15 iit• —a fRAUTE nul,r , DE510mcr ' v T I. r� L7- Y� .Ecxtalls�sw AA rr.1B a1, I" i13.0� Q J L�1 '` 1 .;r 1 (' (P,r Lx•asts ,� �ut1� o filo n .. GPALTL OF' sii j O O ci14 tt]I" 1 a•'1 u . tn1CO:. tl WAtA 4 :;I, Jw ta�., vg ;icf' FNP Q PIPE bL 1. za7.oa i 1 �+� TAX LOT f gQ s I NOTE, ' .SYMBOL LEGEND if?AA'1� p3B103G0t54H EFFE'OEVtl?ATE B+=2Bv09El MONUMENT MD ® MANHOLE 0 TEST HOLE 0 I P./1 B.END ®•A--INLET ^ TREE NOW— 0 IP /la,SET ®'B'-INLET SHRUB ,o)" SPOT ELEVATIONS 13 YARD INLET • BOLLARD NO WETLAND FLAGS WERE OBSERVED rp, UTILITY POLE ®YANG INLET . LVERAND FLAG AT THE TIME OF OUR SURVEY LD ELECTRIC METER )-- CUY WIRE 110 CANTILEVER NOTE,. o--u—(B UTIUTY POLE W(UCHT ©GAS METER FE FENCE LIGHT POLE ®WATER METER MAS.MASONRY NO SEPTIC OR DRYWELL LIDS WERE SiON A GAS VALVE PLAT,PLATFORM OBSERVED AT THE TIME OF OUR PVC FENCE(PVC) WATER VALVE W W.WINDOW WELL LOT AREA SURVEY —a— STOCKADE FENCE(STK) G/W BAY VANDOW 20,850.00 SF. —x— CHAIN LINK FENCE(CL.F)0/H OVERHANG C/E CELLAR ENTRANCE 0,4B AC, --- WRE FENCE RIO ROOF OVER FIRE HYDRANT Dr-DEPRESSED CURB AIC UNIT CROSS CUT G,O L.GENERALLY ON LWE STYE a IPPEO GRAPHIC SCALE OIL ON UNE SO 0' )S. 30: *ALL ELEVATIONS REFER TO NAVD88' DATUM C7sL� ( IN FEET ) 2 00'29'20 2 ftE1AfiE .517RVCY. _ RRT TR 1 inch 30 ft. 1 D7`13 ?022.Vf�U.1tE C(Vt A5..Arap 5f?fJS E4B AHOMS" iR -�C - REV DATE 0ESU4IP MN I 'BY' 1,01K SURVEY OF PROPERTY z_�•�,w�11'a x4. 'S�CAL 1 1200 LEETON DRIVE I �CE a n d surveyingSITUATE TOWN OF SOUTHOLD mjslandsurvey.com P:631 -957-2400 SUFFOLK COUNTY, NEW YORK �54Z3G. . �Q M:MC CREW,:JP SCALE: 1" = 30' TAX MAP NO. LA NLS:_ 1000-059.00—OtA0-001.000 DATE SURVEYED:07/01/2022. JOB N..S22-1857 P•3 ci•.'•Cid3+l.�lahf•ti imay.A3<sK 1LORi W ta.rW.itgiro we LN Xl lta.8 i�+q�.�C+v.ftha.h 4o:aw.r t'>Y d:+G�'Yir ISifi. t:aU 4a.p •y"w si x imroti./�rw�S�yi 4w ae auq�ri(:O c✓A[t Lcres n I.r:i,�fr4w�o9,i''rs.'c0 mA.si"pl ry1116t1Tt W 1,rt seven b.+l+'.ir.ivi'+L•Mr it iW sq R•••i�a 4 tda:+Cf#e4 rry d(O'I+dN i C*t�[tf matt ryf 4M1J tw+K'•t+fc it M,'pT"w r..f N)+C ftf"'""'a'I�VIR�t+i•.ua CRt�K-hi"fiiYUCq 9 n.7A to niyy�f4t.,ra.a.[i,1+-f'a Lr,i•i•A A ru AS M C EfY/M.'p V Ag4i,.pC4''b+{s:W N K LL{+ii.�*A'XN YYI�Q M+i itVN!GIM!u/P1 M'!ii•IgCB+ti KON'��✓J 6+XIAu•C.fYI'�S IlLSd fl4<aHY?J9 WLiiLM W IK.=RPYL..B Ji YY.A.••E y.,�wi'X�RMN.Ww Y'73MiKPf-.a+V't✓'RR➢M iICYK9"1 W LK<'K.iIM 1+t+V YA IR>aV a^I w.a,P4.'7 M app ,Y M(•M SM W 8r'M k.MRa M7 1K,U`Yr" iM�Mt'Af{,+L.,� i�r.6 V+Kt,*tx rt.1+t Niel.�Ma VMS",, MRi�O W w NNreR r,}.ttf�51d(d IG C.Ct M tR3MW d IlM1:,at•s.0 wal RI).i..r..'a R..!"i,.KrR •mW.l It d.R:�6.'Ma A,•NN/N '(t 0. .'�1`RR��''/P LH I�a+l Av'te�R ra,►fa.i As+ra�a r+u'u.�i tAN..tI M UR4a W.tP Yna[a iiFs vta14'rtSM 3Y.�LLY lE\f�rN!�MI iS Ic�".,u:.(t'id!'1 7.w•0.2i LKtK+',I,a KCGYp f,M.+BX lt>r'r,t'!+St bNJ�'J1D tR!4AN.n' .hid2r ta+<rVt•A+./KI}.cd N.f/•Y0b•SAAIPw!+M wr b4`1O.L. " �nsw� o �oGy� TOWN OF SOUTHOLD—BUILDING DEPARTMENT Town Hall Annex 54375 Main Road P. 0. Box 1179 Southold,NY 11971-0959 ay • a Telephone (631) 765-1802 Fax (631) 765-9502 https://www.southoldtownny. ov , Date Received APPLICATION FOR BLI For Office Use Only .J PERMIT NO. Building Inspector: SJFEByy� 202 :Applications and,forms must be filled out in their entirety.Incomplete.. SOILUINGDEPT. applications will'not be accepted. Wheie the Applican ,ts'no#the owner;an- TONNOFSOU`HOLD OWner's Authorizatiori form(Page-2)shall'be completed.. Date:02.02.2023 OWNER(S)OF.PROPERTYr. - Name:Christopher Lazos, Marissa Lazos SCTM#1000-59-1-1 Project Address: 1200 Leeton Dr Phone#:917-224-0074 TFM;117christopher.lazos@gmail.com Mailing Address:1200 Leeton Dr, Southold, NY 11971 .CONTACT PERSON: Name:AMP Architecture, Nicole Zebrowski Mailing Address:.PO Box 152 Mattituck NY 11952 Phone#:631-603-9092 Email:nzebrowski@amparchitect.com DESIGN PROFESSIONAL INFORMATION: Name: Mailing Address: Phone#: Email: CONTRACTOR INFORMATION: Name: Mailing Address: Phone#: Email: DESCRIPTION'.&PROPOSED CONSTRUCTION ❑New Structure YAddition ❑Alteration ❑Repair ❑Demolition Estimated Cost of Project: (]Others' S�1CD& $ Will the lot be re-graded? ❑Yes ®No Will excess fill be removed from premises? ❑Yes RNo 1 PROPERTY INFORMATION Existing use of property: Residential Intended use of property:Residential Zone or use district in which premises is situated: Are there any covenants and restrictions with respect to R-40 Non-Conforming this property? ❑Yes ONO IF YES, PROVIDE A COPY. JD Check;BOX After,Reading:"The'oWner/contractor/design professional is responsible for all drainage and,storm water issues as provided by Chapter 236 of the Town Code. APPLICATION IS HEREBY MADE to the Building m Departent for the issuance of a"Building Permit pursuant to the Building Zone. Ordinance of the Town of Southoid,Suffolk;County,New York and other applicable Laws;Ordinances or Regulations,for the construction of buildings,•"- additions,akerations or for removal or demolition as herein described:The applicant agrees to comply with all jpplicable laws,ordinances,building code, housing code and regulations and to admit authorized inspectors on premises'.and in building(s)for necessary,inspections;False"statements,made herein are. _ punishable as a Class A misdemeanor pursuant to Section 210.45 of the New York State Penal Law. Application Submitted By(print name):AMP Architecture, Jessica Magee DAuthorized Agent ❑Owner Signature of Applicant: ( Date: c�2 STATE OF NEW YORK) SS: COUNTY 0F5U-_PFl9 liL ) Jessica Magee being duly sworn,deposes and says that(s)he is the applicant (Name of individual signing contract) above named, (S)he is the 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/ R. BARBARA H.TANDY Sworn before me this Notary Public,State Of New York No. 01 TA6086001 � of "�f' Qualified In Suffolk County da y ��� ,200 3 Commission Expires 01/13!20 Notary Public PROPERTY OWNER AUTHORIZATION (Where the applicant is not the owner) Christopher Lazos, Marissa Lazos residing at 1200 Leeton Dr Southold NY do hereby authorize AMP Architecture to apply on my beh. to the wn of Building ement for approval as described herein. Owner's Signature Date Christopher Lazos, Marissa Lazos Print Owner's Name 2 Permit M suilding Pers nit Checklist Date reviewed: Date submitted: Owner/Applicant --_ Property Address: Project Description: �._ plane Parcel Size: Zone: SCTM,. 1000- 5q Principle Structure:_ Read✓ Sides Lot Coverage Limit S Required Setbacks: Front ___ Rear Lot Coverage Sides Proposed Setbacks: Front --Secondary: Single & Separate w Corner Lot: Primary: Secondary: -- Accessory Structure: Accessory Use: -~ Sides Rear �----- Lot Coverage Limit Required Setbacks: Front Proposed Setbacks: Front Sides Rear Lot Coverage .___-. _._____e_.--------�----- Plumbing Conforming Location? _ Siz�e Height_ Dormers Flood Zone: Water Body: Waterfront: __ _ -----------�---- –�� Contour. Distance to Bluff! Y To Wetlands: Bulkhead: date: Conditions: Trustees date: Conditions: --------�`� ZBA: — -5 Accessory: SCHD: date: Bedrooms: ------ date: Conditions- PI@RRiR ^g: w date: NJ Date: DEC: ' d Lo+ cove fc� a`���. �b c� Sq.ft. Calculations: 1*7 C F `� �o SF OVQ SF foundation ��---� -05 first floor porches/ decks second floor demo Total. Additional dotes: _ Permit#: DISAPPROVAL �uildin�9 Permit Ctuecklist �1�`-]_ 2, Date reviewed: Date submitted: Ownlr/Applicant: -- �—------- �—----- Property Address 1 �'.nD leftt�� � �"'��- Project Description: S � _ Parcel Size: i 3 Zone: w )) SCTM: 1000- �� " - � l G ) 5 1 5 Principle Structure_ Rea �r� 35 Sides � Lot Coverage Limit Required Setbacks: Front Rear Lot Coverage Proposed Setbacks: Sides Front Single & Separate Prima Secondary: Corner Lot: — ry� Accessory Use: Accessory Structure. Sides Rear Lot Coverage Limit —" Required Setbacks: Front Lot Coverage Proposed Setbacks: Front SidesRear._ Dormers Plumbing Conforming Location?_ S1Z_ _e —~ Height~V Flood Zone: Waterfront: Water Body: _ ___�___ ---------- - Distance to Bluff: To Wetlands Bulkhead: Contour: date: Conditions: -- -� Trustees: �- date: Conditions: -- --�— ZBA: — 5 date: Bedrooms'BedroomsAccessory: : S C H"D ve date: Conditions. f]Ianninn' date: NJ Date: DEC: -C(2:) Lo-� `C� e Sq.ft. Calculations: llc C ;' Oven raSF foundation first floor Trcts�"��5 ZEA porches / decks i1 second floor Coa5- CroSion flp2c I 3 - demo b1p � e Total: 5 Additional Notes: / _ 0Y 5UR VEY OF PROPERTY A �1 PR- 51TUATE= 5OUTHOLD ti TOWN: 5OUTHO Gil— �'L. .•.. �; 5U1OLK Coomrrl SURVEYED: 03-25-2011 'Q SUFFOLK COUNTY TAX # t 1000 - 541 - I - I v CEtTBl M0 TO: JAMES T.MOLLOY - • . .. GjO�nd rn rn r All l 1 I t 1 t 1 t , ------- 1\p go-rT M of BANK - 1 t g r t ~op OF BANK 70 5'r 13 I + 1 d L t O �➢O rte' OUT yrnp yr+v� ��p 9-r �l o � M '34,4' 1 • A 1 A 1� 11501 ' 0o_.a- Oi0.Oi0 ' e l Iv • NOTES: �Qt NEW.jt1 N ■ MONUMENT FOUNDg ,I,a,�.u.•..�«��.00tI�Ic..,.. _n .w o.dy o ncr.•a.a.•w..yay..a w. T � vl0lonb.a rclim tJp.«b-O,.Yb+�.d n CONTOUR LINES REFERENCE NHVD '2q DATUM y t T :�}:`�Y l � n.S�ii 1�4�'L�4y'nl G.11..b0 rr•'•.E/ FEMA FLOOD ZONE ANNOTATED FROM FIRM MAP # 36103C0154 G DTD MAY 4, lgRB , O� v.to «a..e a•a ti.a.ywy 1«t. !, rug coa•a Aalt.1a law•.�+y asap• COASTAL EROSION HAZARD LINE ANNOTATED FROM ' ` ' J w`"y" °"' °"`�"""% w. DEC PHOTO # 56-566-83 SHEET 8 OF 401 DTD 8/21/88 :? LgfvU �J Iab N. �'� aw a M b•MI tow 1•Y �9�'�y aw rwq UMYNbn I\IN I�•a,o to tti arkj...a w la.ag slrtNa.. c•.+n�c, Iio.O Or•n01 IIa•IIYmI•b o0a{1agl wlRNb AREA = IbvA5 S.F. OR 0.3810 ACRE JOHN C. EHLERS LAND SURVEYOF GRAPHIC 5CALE I"= 30 6 EAST MAIN STRELrr N.Y.S.UC.NO.50202 RIVERHBADn N.Y.11901 369-8288 Fax 369-8287 i' RERCADocumcnb and ScUivp\Ow=Wy DocumeatslMy Dropbox111\11-1 14.pm - -------- -- N6 ISLAND 50 ISAFFINVAIL PROJECT/ ZONING D__A__T_i4._._.-- LOT GOVERAC�E --- ---- Lo0 - ---- - _ -- DESCRIPTION(FOOTPRINT) AREALOT } COVERAGEQ� a s 3 TAX MAP# - - -- ---- 2 m a -- ---- 1000-59-I-I I \`; N w Z~ z >a ZONING DISTRICT R-40 NO a¢a g k TOTAL LOT AREA TO TIE LINE® { - a 0 3 w 16 585.0 S.F. 1 a w+a z y a LOT AREA 0.38 ACRES MEAN H16H WATER h � - 1 . % xi a 0 w w m L -- - u '`, a==moo a CofO-ADDITION TO DWELLIN6 Z2547;10/28/1466 i TOTAL LOT AREA(LANDWARD OF 6p15.0 S.F. I N 3 a LL 01 GofO-ACCESSORY STORAGE 1 m o a o c w - -- 1249.0 S.F. pp 20.85K <z F w o a 224111 10/24/1496 N "--- - ----j, 0=MQ=o CofO-ALTERATION TO C.E.H.L �JI DWELLING 210232;10/31/IgaO EXISTING 2 STORY FRAME HOUSE - - - - - - fl --- z=�¢wc~i SHED ADDITION ____- ----- 1 mama EXI5TIN6 2ND STORY DECKS 882.0 S.F. 14.15% 4 _ y k c W om GofO -DECK 35144;1/5/2012 c z m F N a i PROPOSED ADDITION 115.0 S.F. I.q% I � � 'm M o n O= GofO -PRE-EXIST DWELLING 31328;12/16/2014 I 1 .�H m��— 1 z a a Z�z 5 GOfO -RESIDENTIAL TOTAL AREA OF ALL STRUCTURES 2246.0 S.F. 31.3 �' E Z.m a o a>a 31446;12/28/2015 I __--- o W"w v ALTERATION k -� - - — -------------- -- ------ 4 "MAXIMUM LOT COVERAGE ALLOWED-20% " 1 1 0.o i a a Y W ,- __` vym�wxtotro/rn�1 ------� ---- - --- _-- __-_ 1 1 :aom3ama DEG DISTRICT PERMIT#AND DATE I WETLANDS DISTRICT 1571 d 7571%;6/22/2011 - a zFo� --------------- ---MAIN-$UILDIN6------ ----- -- al g�WS�Ww I REQUIRED SETBACKS SUFFOLK COUNTY HD APPROVAL PERMIT# #OF BED. i o zi m - -------------------- REQUIRED EXIST. PROPOSED COMPLIES 1 HABITABLE SPACE EXISTINGPROPOSED `oKveosa - - FIRST FLOOR AREA 1q8 S.F. -iota S.F. Ili FRONT YARD 35.0' 34.1' 3q.-i' * _i Y 1rA I 1 -�SECOND FLOOR AREA 1,249 SIDE YARD 10.0' 14.11 14.-i' Y S.F. I 1,364 S.F. III G ------ --- A. THIRD FLOOR AREA P O 5.F. 404 S.F. I BOTH SIDE YARDS 25.0' 65.6' 58.1' Y �1� TOTAL BEDROOM COUNT 2 5 - - - bt---- `I. W REAR YARD 35.0' i 14.3' 14.3' Y -- ---Q =--- - Qa`° i ;OSI �IO � VIII 1•I & ' ---- I � I 1 - _�- -'�' ..• � \�/�/-- $1 �J ° i � I tsf li•' rwNecac � _ . — I'--- - - - 10 TOP of 124D Dur£ I - __ ----- r� - OAIs 10 IO {614' X10 I I` _J a 1 xa L --- . 11.46' I ,\ I mrorN.ewSON�_7=- �`---' \• - - � --_ I _ � II.�' xvNm LYe 1 ou:oc"w ��°m�°'°�/ _--_ �__ - i �_-__-- \` •V/ um (I 1 HAY -• -�' 12 -� \ FENGINS TO�UfWgD I 1 1— / // � i 'J � I IMAST.SV® DLRINS GON57R1GT0N EAST. LHAR DFLK 10 954F 970FRAh@ DECK —(6. 257 I - m 81 g PROPOSED ROOF DESK ry I lis ` m / ariww.wuwn wo I < o F�5T10RY / p �Ktw o:s:uowm� wC s g ly OSION 4118 I OUTDOOR, % rqo (\ J. __ __ __ �/ 6 - _ - - - I-I - - .- - - r- SUNDER 4 (BARA6E UNDEN7 ' SaleK D) _ •I — 6 /J UNDER PRaPosED 7rmsraRY- - rs' ���� - me is nt- � y�:�g0•yj',i _ 100.0011W (55' )I -GAR.�..'(�b' n -�'. F +N• I / SF.EL 16tH' /tA < I + I Il 7 Gl d F — I / �` Z rl FIE, Z~ } _ - -- 8 LF DRIVE O ~ O Z 4D6' S45' m =1 r I o 7 w 20 7a 7o J Q W PROPOSED SITE PLAN r � o (GONG.r6'FROM EXIST. aRMeO 70NL 1'•70' WALK FRAME DECK SCALE: 1" = 30'-0" o N M of li I O \ LL rI SITE LAYOUT NOTES: 1. THI5 15 AN ARCHITECT'S SITE PLAN d 15 Oa SUBJECT TO VERIFICATION BY A LICENSED O SURVEYOR. THE INFORMATION it j y a I 46 �.� a j �� REPRESENTED ON THI5 SITE PLAN 15 TO THE a !OR SILT I I,' I6 ARCHITECT'S BE5T OF KNOWLEDGE. 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SCALE. 1/8•-VI c a I GENERAL 5YMB0L KEY: ED•L^ M exI5TIN9 TO Re4AIN N 34 FOnmAnON W NLL za�u amm WO=W e0i �..� NBtl WOOD FRAME w z a W w w a �Oq W HJWw aJ0mJD 01 (p ZU0 mOmz° aSCJ r. aFNZ. mQ7. N4.4z=0O QVN oz2� x� �2 U 01~/l O�Q Wr,�LLz3 .. az..ia'aa g j�M F U w 6 m F G U H w- R N Z N S S F S Ol a U O U y � S O m 5 K�Q z F U Q Q 6 Q S O FYlat IY 1[_ /� J 7C3y T-0 T U — �-0 x — N m Y — + I p U c: EDOST � ,%% ; 7 5-" �—IOOx6•aIDR� -�' 6•x6.91DR -m �EAx6•SLDR `� ^\ �,• 0 6!. LIVINO ROOMK FYIaT a . �1 °� JJ� ' � '-! 7-0 p !%X345' D'-0• s'-0 f4- e•I o �. w V \" D � ^ KITC4&m T-4 �- pz —_ I o �� � I �1a��� yo } �'a a E soo L /Ex1sr. 9'x a ft-40z A p I - - - P • Q Lu J h c1 ••— �l �.p.a J Q o 04 Qto PON041 II in Y E"m CC! ',IIIIIIF �9�. M i N 1 0 5 10 0 05 10 PROPOSED SECOND FLOOR PLAN 20 X8'-1'0' PROP05ED THIRD FLOOR PLAN GRAPHCALF SCALE. 1/6'=1'-O' SCALE. 1/6'-1'-O' o oQ xa oQ �NozNia I 'W�CZ3U IIFa¢aga ® 7 Z;3 ¢p w Q���zz .O y=J KIWI!U ;.� �.j- .eW O O-O O N H w J W boa 2 W~O O x a aaZz�¢ III o N� -�� p w paz,/1 ' III III I iI IIII LL2U�N�J w .. ��LLz3 Q2E zC7¢z W -ew9r.cNuter- tRQQ g�UN W U W yWy y S= wF N Q z UHO2UIIJ S O K 2 Q I III I - IIII I IIII' I � I � I III I I II III III I IIII I I, 'I'�I I I I I IIII I I ' Il � �! j �--' 70 �--� m EA5T ELEVATION (RIGHT SIDE) + SCALE: I/8"= V-O" U PROP.RIDGE NE16NT a ELEV..fl9' Q I] lo-L Q EXIST.RIDGE NE16W C r \ \ \\ \ \ PROPOf£D THIRD FLOOR FINISH _ - lJJ a8b' �! 0) - O N F- Z z FT J w 0 Q o 0 s LL- M-009 LLL-_LLLJJJ �0 c{��A 0 EwsnNs sEcarn M-009 FINISN c IIII �G�GM \C O N N ELEV..16.4' I I 'I l i i l I I I� i III i t IIII I I I I I �I IIS \5 `�( FLOOD ZOtE VE(EL PJ) ELEV.+ISO' INC EXIS B •BROUFD �' CJI ` N Env.ice' �I ;� �I� � ��► `������ cv ' ELEv.ns' o SOUTH ELEVATION (FRONT) SCALE, I/8"= V-O' c Qa r a Q 0 W W J O J J_ 1- O a z O o z F1w / J \ Q / \ J 00 / \ J% (00 - - - -- \ zQ - — \ < Z N / \ cr- / - \ LL. W (D ` W r- LA Ix / \ Lu \ U / LIN Ff I i FL OOD Zo'o i NEAREST DISTANCE TO LLjIF] NEAREST DISTANCE TO - sovn VESTERLY P/L - 6 NORTHEASTERLY IF& 19.?' MF I MF I I I n��Cil 0 5 10 Z SKY PLANE DIAGRAM: FAG I NG NORTHEAST GRAPHIC SCALE 1/8--1'-0• SCALE: 1/8'- 1'-0' / ----------- ----—---- ---------- ------------- --------------------------------------------- ` z W \ MIMI -1 \ / O `\ - \ I \ , , , I I , T- PROJECT: LAWS RESIDENCE HOOD ZONE VE 9 __ _ i 1200 LEETON DRIVE i S UTH LD NY 11 7 = 0 0 9 1 Sof NEAREST DISTANCE TO O Q NEAREST DISTANCE TO TIE LINE O MEAN HI6H WATER SOVI'HEASTERLY P/L 86 I DRAWING TITLE: O LEETON DRIVE - 3y.7' _ roP of vuNE SKY PLANE SECTIONS PAGE: 0 5 10 ? SKY PLAN DIAGRAM: FAG I NO SOUTHEAST GRAPHIC SCALE 1,/8-1'-0' SKY-1��_A 1 SCALE: I/8'= I'-0' DATE:02/23/23 #### A , d C OFN 7�11\100 or BOARD MEMBERS ®F S®(/ Southold Town Hall Leslie Kanes Weisman, Chairperson ®�� ��®� 53095 Main Road•P.O. Box 1179 Patricia Acampora ® Southold,NY 11971-0959 Eric Dantes Office Location: Robert Lehnert, Jr. Town Annex/First Floor �• 54375 Main Road(at Youngs Avenue) Nicholas Planamento UNVI��'v Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD October 24, 2023 Tel. (631) 765-1809 Anthony Portillo AMP Architecture P.O. Box 152 Mattituck,NY 11952 RE: ZBA Appeal 47809 Lazos 1200 Leeton Drive, Southold SCTM No. 1000-59-1-1 Dear Mr. Portillo; Transmitted for your records are copies of the Board's October 19, 2023,Findings, Deliberations and Determination, the originals of which were filed with the Town Clerk regarding the above variance applications. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of the attached determination to the Building Department. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured,and/or a subdivision map has not been filed with the Suffolk County Clerk,within three(3)years from the date such variance was granted. The Board of Appeals may,upon written request prior to the date of expiration,grant an extension not to exceed three(3) consecutive one(1)year terms. IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN. Failure to comply in a timely manner may result in the denial by the Building Department of a Certificate of Occupancy,nullify the approved variance relief,and require a new variance application with public hearing before the Board of Appeals If you have any questions, please call the office. Sincerely, Kim E. Fuentes Board Assistant Encl. cc: Building Department J 04.21-97 Ot-23-08 - y93.282w'; ? �t'•, L, iZ.f "1j/ $ r� 'w, �'.j ' 03-30-98 - i'.'', 3' t�•�,. i�' ,i .jg j {m a �, b• 09-08.00 '�•JW.t,, t' �per: I /`^ w@`: /i' 09-11-00 <� ,`l,' sof/?32�! ��,• ., fin. si.,iO• e n ,'�� '^r~ JAS �i.,. 11-02-00 ;'` Y�' ( •;�'' J ,f`'�a 24 .x\ `'/d�ry<h�'wx.h VrA \'�i11,�! ,Y`nA.'��`.�(s %r y 04-71-Ot "� +%'\ ? .. "•\ -,r� F, i err', �. L�. , �,a; `,Ka�x Op�w w ,<, `l' .Bj �Q g OS-21-0t B 441 .y, i-.�$'�,.� '�;et\ \ y �,a,.• Off„ `.,w. • y%k, ' O'. Q;S c r �r'�^6• x�/% 12.06.01 ` - �.'..iw�C`. e1-2502 gip;, s ,o s 02-11-02 y J`,. /y,�S 3b 7 7 (.. i� ^^i '9`' _ `A 4 �i ..'vo• y,. ! ,r h -S P 09.16.02 5O 70 .�• ,w ``?,o q/eJ i4 .fad•'•y ;y/ .`\ ,,,/ x-. y J Pry,,n�.�: 'V i •C,'^ N 02-19-03 -. :.� ``�:',� S `.,' �, `.,� M1 .�or• _ i iy 8 ., B^,.J/ y, r f �V 8,:s""• A.. / OZ-16.03 r `\, • 9' m: �!,' •:?. h.! J,'b 08.06-64C>� .'4p hd`.9.�' /a�.. 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O Iden Bip La(:.re ——————- 41e4elalArae 12.11 AW ,. aana.oA Law /n:1 N Tor.lkro smnnn BaAIBW lb. {21) D nluaaUro ----- Office of the Town Attorney Town of Southold Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone: 631-765-1939 Facsimile: 631-765-6639 MEMORANDUM To: Denis Noncarrow, Town Clerk From: Amy Schlachter, Confidential Secretary Date: July 2024 Subject: CEHA Decision — Lazos Attached please find the Town Board Decision. Thank you! DENIS NONCARROW Town Hall,53095 Main Road TOWN CLERK ® "- "741 •. P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS ems; , Fax(631)765 6145 MARRIAGE OFFICER A ®� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER V, �� www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 22,2024 Ms. Patricia C.Moore, Esq. Moore Law Office 51020 Main Road Southold,NY 11971 RE: CEA Christopher&Marissa Lazos Dear Ms. Moore : The Southold Town Board,at their regular Town Board meeting held on July 16, 2024, denied the Coastal Erosion Appeal. Enclosed please find a certified copy of the resolution and the findings and determination. , If you have any questions,please call the Town Attorneys office(631) 765-1939. Very truly yours, (IS Lyn a M. Rudder Deputy Town Clerk Encs. "r% �'_ outhold Town Board -Letter Board Meeting of July 16,2024 RESOLUTION 2024-643 Item# 5.28 ADOPTED DOC 1D: 20457 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2024-643 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 16, 2024: WHEREAS,Applicants Christopher Lazos and Marissa Lazos appeal to the Town Board, in its capacity as Coastal Erosion Board of Review, following a denial by the Board of Trustees of a Coastal Erosion Hazard Area(CEHA)Permit to construct certain additions and modifications to their dwelling located at 1200 Leeton Drive, Southold,New York (SCTM 1000-59-1-1)under Section 111 of the Coastal Erosion Hazard Area Law(The "Law"); and WHEREAS, on May 17, 2024, applicants submitted an application to the Town Board of the Town of Southold seeking to appeal the determination of the Board of Trustees, or in the alternative, seeking a variance from the.requirements of the Law; and WHEREAS, on July 2, 2024 the Town Board conducted a duly noticed public hearing on the instant appeal with an opportunity for all interested parties to be heard and testimony was taken of the applicant's consultant;now,therefore, be it: RESOLVED that the Town Board of the Town of Southold does hereby adopt the Findings and Determination dated July 16, 2024, affirming the Board of Trustees denial of a CEHA Permit and denying applicant's appeal. Denis Noncarrow Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Greg Doroski, Councilman SECONDER:Brian 0. Mealy, Councilman AYES: Doroski,Mealy, Smith, Krupski Jr, Doherty,Evans Generated July 18, 2024 Page 45 COASTAL EROSION HAZARD BOARD OF REVIEW TOWN BOARD: TOWN OF SOUTHOLD ----------------------------------------x In the Matter of the Application of DETERMINATION FOLLOWING PUBLIC HEARING of Christopher Lazos and Marissa Lazos -----------—----------------------------x PRESENT: Albert J. Krupski, Jr., Supervisor Louisa P. Evans, Councilwoman Jill Doherty, Councilwoman Brian 0. Mealy,Councilman Greg Doroski, Councilman Anne Smith, Councilwoman APPLICANT: Christopher Lazos and Marissa Lazos, c/o Patricia Moore, Esq., 51020 Main Road, Southold,New York. LOCATION: 1200 Leeton Drive, Southold,New York SCTM# 1000-59-1-1 ZONE: R-40 Residence District-Coastal Erosion Hazard Area- VE Flood Zone RELIEF REQUESTED: Appeal of Administrative Decision of the Board of Town Trustees under Chapter 111 of the Southold Town Code, for: (i)proposed third-story addition 36.4' by 34.4' (1,077 square feet)to existing dwelling; (ii)proposed three-story stairway access addition enlarging the footprint of the existing dwelling; (iii)proposed lot coverage of 37.3% where 20%is permitted; and (iv)proposed gross floor area of 3,066 square feet where 2,100 square feet is permitted; all to be located within the VE Flood Zone and Coastal Erosion Hazard Area. DETERMINATION: The April 25, 2024 determination of the Southold Town Board of Trustees, acting in their capacity of Administrator of the Coastal Erosion Hazard Area Law (Chapter 111), is hereby Affirmed. PROCEDURAL HISTORY Applicants are the owners of a substandard parcel in the R-40 Residence District,measuring 16,595 square feet where 40,000 square feet is required. The lot is located in a VE Flood Zone and Coastal Erosion Hazard Area(CEHA). The parcel is improved with a 2-story dwelling, 36.4' by 34.4' with attached decks and shed in accordance with Certificate of Occupancy Z10232 dated October 31, 1980. The Board notes that the dwelling was previously moved and forced to retreat to the south after suffering storm related damage. The dwelling pre-dates FEMA requirements and maintains a habitable ground level. Development proposals in the CEHA are regulated by Chapter 111 of the Town Code. Applicants require a Coastal Erosion Hazard Area(CEHA)Permit to proceed with their plan to significantly enlarge the dwelling and increase its footprint. Chapter 111 of the Town Code-regulates such development activity in coastal areas so as to minimize or prevent damage or destruction to man-made property,natural protective features and other natural resources and to protect human life. The application for a CEHA permit was referred to the Local Waterfront Revitalization Program (LWRP) Coordinator, whose written comment dated November 15, 2023 was made part of the underlying record. Following a review of the development plan,the LWRP Coordinator determined that the applicants' development plan,to add a third habitable floor on this dwelling that sits within a primary dune,to be inconsistent with LWRP policy standards, due to the environmentally sensitive nature of its primary dune and FEMA Flood Zone VE location. Notably, applicants offered no expert testimony on these issues. While a representative of Cole Environmental did appear during the Trustee's second hearing on April 17, 2024,the testimony of this witness did not deny impacts to the dune and protective area,but indicated only that such impacts could be mitigated by"reducing the width of the footpath to the beach to 4 feet"and installing an I/A waste water system. No attempt was made to address the potential impacts of the proposed increased dwelling footprint,proposed increased lot coverage,proposed new three-story addition or proposed new 3rd story addition on the existing structure. Upon the application of Christopher Lazos and Marissa Lazos for a permit to increase the footprint and add an oversized addition to the dwelling located in this environmentally sensitive parcel in a Coastal Erosion Hazard Area(CEHA),the Southold Town Board of Trustees conducted public hearings on November 15,2023 and April 17, 2024. The record included the submissions of the applicants, in addition to the written comment of the Local Waterfront Revitalization Program(LWRP) Coordinator. The Board of Trustees conducted a field inspection at the time of the application for the Coastal Erosion Hazard Area permit. Field inspection revealed that the dwelling was situated in the primary. dune. The Trustees noted"[w]hen we did field inspections there is actually a retaining wall on the north side right in front of that basement,to prevent sane from going into the basement,because that dune wants to migrate into that house and it cannot due to the construction of the house. So it is creating an environmental hazard and affecting the environment and the habitat, and it is v a primary dune we would like to protect". (See, Board of Trustees hearing record dated November 15, 2023). On April 25, 2024, this application for a CEHA permit was denied. In pertinent part, the Trustees denial was based on a determination that the extensive, proposed development would have a detrimental effect upon the health, safety and general welfare of the residents of the Town, in that it would be located within and cause disturbance to, a protective primary dune. (See, Board of Trustees Determination dated April 25,2024). Applicants now appeal that determination to the Town Board, acting in its capacity as Coastal Erosion Hazard Board of Review. Unrelated to this proceeding,the record also indicates that the companion application of the applicants for a wetlands permit was also denied by the same Board of Trustees action of April 25, 2024. Christopher Lazos and Marissa Lazos have instituted a court action challenging that determination. In accordance with Town Code Section 111-25,applicants appeal the denial of their request for a CEHA permit to the Town Board in its capacity as the Coastal Erosion Hazard Board of Review. The public hearing on this appeal was conducted by the Town Board on July 2,2024. The record includes the underlying record of the Board of Town Trustees,in addition to the Application for Appeal dated May 17,2024. On July 16, 2024,the Board voted unanimously to affirm the determination of the Town Board of Trustees and to deny the applicants' appeal. DETERMINATION ON APPEAL Upon all of the evidence submitted and the testimony adduced at the public hearing conducted in connection with this application, and upon due deliberation thereon,the Town Board, in its capacity as the Coastal Erosion Hazard Board of Appeals, hereby finds as follows: FIRST: Applicants propose a development plan which increases the footprint of their home, increases lot coverage on the parcel and adds a full,habitable third-story to the dwelling. As proposed, applicants' dwelling would be precedent setting, as the only dwelling with three habitable stories in the entire neighborhood. Applicants seek a Coastal Erosion Hazard Area Permit because this large-scale development is proposed in an environmentally sensitive area, involving a dwelling that is located within a primary protective dune and in a FEMA VE Flood Zone. Specifically, applicants' development plan includes the following: - Removal of a portion of the second-floor deck wrap around deck; Removal of existing 1,374 sq ft dwelling roof; - Construct a new 36.4' by 34.4' (1,077.5 sq. ft)third floor addition; Construct a new 12' by 34.5' (412.3 sq ft)third floor wood deck; - Construct a new 3-story addition 7.6' by 15.4' (115 sq. ft.) increasing the existing footprint of the dwelling. Applicant does not contest that this collective activity would disturb the protective primary dune. The Board notes that the entire parcel is low lying and the applicant proposes this development activity within the high- risk flood prone VE Flood Zone. SECOND: By decision dated April 25, 2024, the Board of Trustees denied a CEHA permit for applicants' large scale development plan, finding that the proposal would have a deleterious effect to the fragile Coastal Erosion Hazard Area, making it more susceptible to erosion by wind, currents and extreme weather conditions. THIRD: The applicants are therefore before the Town Board seeking an appeal from the denial of the Board of Trustees. As such, the application is therefore considered under Section I I I of the Town Code. That Chapter designates the Town Board as the Coastal Erosion Hazard Board of Review, requiring it to decide appeals on the issue of whether the Trustees erred in applying the following criteria: A. No reasonable, prudent, alternative site is available. B. All reasonable means and measures to mitigate adverse impacts on natural systems and their functions and values have been incorporated into the activities design at the property owner's expense. C. The development will be reasonably safe from flood and erosion damage. D. The variance requested is the minimum necessary to overcome the practical difficulty or hardship which was the basis for the requested variance. E. Where public funds are utilized, the public benefits must clearly outweigh the long-term adverse effects. [Southold Town Code § 111-20] AVAILABLE REASONABLY PRUDENT ALTERNATIVE SITES FOURTH: Applicants contend that"the only alternative to the development plan is to demolish the existing dwelling. Notwithstanding,the Board finds that the applicants have feasible alternatives to the proposed development plan by the internal modification of the existing two-story dwelling to accommodate the asserted need for additional bedroom space. ALL REASONABLE MEANS OF MITIGATION HAVE BEEN INCORPORATED FIFTH: Applicant proposes to reduce the width of a beach path to a 4-foot width and add an I/A waste water system at the premises. Only the proposed new 3-story addition would be constructed with breakaway walls to minimize erosion and damage to life and property in emergency weather conditions. No mitigation is proposed to the existing two-story dwelling. SIXTH: While applicants' claim that this new third-story, 1,077 square foot addition,is a`non-major' improvement which does not require the incorporation of mitigation to the existing two-story dwelling,this argument is misplaced. The Trustees were entitled to consider the lack of such mitigation in its determination of whether to issue a Coastal Erosion Hazard Area permit for the substantial development proposed,which would increase the footprint and square footage of this dwelling and add a new third-story. The Board notes that a primary dune is the primary natural protection against flooding and erosion. Large disturbance of such areas has a negative effective on surrounding areas. The incorporated mitigation falls short of counteracting such negative effects. As such,the Board finds that it was reasonable for the Trustees to rely upon their field inspection,the LWRP inconsistency and the lack of adequate mitigation in denying applicants' request for a Coastal Erosion Hazard Area Permit. THE DEVELOPMENT WILL BE REASONABLY SAFE FROM FLOOD AND EROSION DAMAGE. SEVENTH: On this issue,the record is devoid of any expert testimony on behalf of the applicant. It was therefore reasonable for the Trustees to have accepted the conclusion of the Local Waterfront Revitalization Program Coordinator, that the project is inconsistent with the LWRP,that the parcel is located in the FEMA Flood Zone VE which makes it highly susceptible to frequent storm surge with wave action, that loss of structures will occur overtime, that structures in these areas should be minimized and not expanded and that the breach of the lot coverage limit sets a precedent of potential loss in this structural hazard area.Upon consideration of the record,the Board finds that the Trustees did not err in determining that the proposed development plan fails to address flood and erosion considerations. THE VARIANCE REQUESTED IS THE MINIMUM NECESSARY EIGHTH: Applicants do not address this issue at the time of the Trustee hearing and it was reasonable for the Trustees to determine that the proposed development plan is not the minimum relief required. On appeal, applicants' representative contends that"construction over the existing dwelling is the minimum construction which maintains the existing conditions of the property. . ." The Board finds this unsupported claim to fall short of the required showing. NINTH: In determining the minimum relief necessary, an applicant must establish that the size and scale of the development proposal in a protective area is the minimal relief necessary to overcome the hardship or practical difficulty. As proposed, the footprint and lot coverage of the residence would increase,and the structure would be precedent setting with three habitable stories. CONCLUSION In accordance with the powers vested with this Board pursuant to §220-24 of the Code, as the Coastal Erosion Hazard Board of Review,to hear, approve with modification or deny requests for variances or to affirm, wholly or partly, or modify the order,requirement, decision, or determination of the Administrator,by written decision, after public hearing,the Board hereby concludes as follows: The Administrative determination of the Board of Trustees is hereby affirmed. Applicants' proof failed to establish the lack of reasonable alternatives,that all responsible means and measures to mitigate adverse impacts on natural systems and their functions and values have been incorporated into the activities design,that the development will be reasonably safe from flood and erosion damage and that the variance requested is the minimum necessary to overcome the practical difficulty or hardship which was the basis for the requested variance. Therefore,upon motion duly made and seconded,the members of the Board present and having voted to affirm the administrative decision of the Board of Trustees and deny the appeal,the application is accordingly denied. Dated: July 16,2024 Albert J Krupski,Jr., Supervisor Dear Southold Town Board, Coastal Erosion Hazard Board of Review, Southold Planning Committee, Please accept this letter and read aloud into the minutes at the public hearing on Tuesday, July 2, 2024, regarding the appeal of SCTM# 1000-59-1-1 when evaluating the relief from Chapter 111, Section 111-12D/variance said property. It is my opinion that the applicant at 1200 Leeton Drive, who desires to put a third floor on their existing structure will not only be impeding on the natural beauty of this shoreline community but if approved would create harmful effects and overuse to our septic systems, a greater use of water and other natural resources to the detriment of our environment. We are not in agreement with the Conservation Advisory Council-who appear to have resolved to support this application. The applicant's reasoning about needing additional space for their growing family is irrelevant since they knew what they were buying when they purchased this beachside property a few years ago. This structure comfortably housed 2 prior families without any issues dating back over 50 years since the house was built! The original owners raised 4 children, the 2nd owners had 3 children (both had girls and boys)with no problem-accommodating . everyone. The bottom floor/basement walkout already has a full bathroom and is large enough to be sectioned off for privacy of at least 2 separate bedrooms. For all the reasons not to grant this expansion to this dwelling as noted at the November 15,2023, meeting, given the proximity of the home to the high-water mark and severely receding dune,this property is not protected to withstand adding more square footage and is prone to flooding. Coastal erosion is an ongoing factor to consider not to mention the natural resources this expansion will require. The square footage of adding a 3rd floor to this house will only set a negative precedent in this seaside community. It will have detrimental consequences for the community and all other local residents living on this street. Remodeling the existing interior is one thing (cosmetically; aesthetically) but to extend the square footage to a third floor and/or making it wider by any means will not be in step with everything this town is trying to preserve. As members of this community, we strongly oppose any attempt to approve expanding this structure. Respectfully submitted, Resident on Leeton Drive RP-CEIVE® Fuentes;-Kim From: silver217@aoi.com JUN 2 7 :2M Sent: Monday,Septdniber,4,2023'9:48:AM To: Fuentes,Kim Subject: [SPAM]-:Fw:Failure.Notice: Southold Town Clerk I2ECENED ----Forwarded Message-.-- From:;'!mailer-daemon@aol.corti"<mailer-daemon@aol:co•m> _ To:"silverZ17@aol.corri"�silver217@aol.com> SEP.05 2023 Sent:Monday,September 4,2023 at 09:45 15 AM EDT Subject:Failure Notice ZOnfng.l3oard oFAppeals Sorry,we were unable to deliver your message to the following address. - <kimf0suthoidtownny.gov>: No mx record found for domain=sutholdtownny.gov F,orwanied•message _ Dear Ms. Weisman, The purpose of this email is to let,you know of.my, wife's;'Priscilla, and my full support of.Chris and Marisa Lazos "variance request#7.809." ' Priscilla and:( have owned our;home in Southold, at 1110 Leet®n'Drive, since 1980 and enjoy spending the summer there with our family and fderid-s. Our Southold:home has, and continues, to.being.us'imtrieiise:plet scire and our neighbors,the Lazos, help to make Southold very special. Marisa and Gins have been our neighbors•since 2019..Theis property is always well kept with lovely ,landscaping and clean beach. They have three beautiful children who visit with!us;often_and add to-our enjoyment of living in Southold. When we received your"legal notice"we immediately volunteered:to.give Marisa and Chris our full support.They have,a growing family that clearly needs addi#iona1 living space and, hopefully, you will conclude the same. - The Lazos are a very positive addition to our beautiful Southold community, and we.sincerely hope you will.arrive•at.a:positive resolution to their•appeal of.,constructing an addition to their lovely home.. Thank you. Priscilla &Sergio Sedita