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i Pa�f� AV nuc the s CIO tcU114 k eil C t- jDkq lo � i o 1617.3 AfpvtvY- 'i i I� � I Owner: Giacone, Michael File #: 7829 I Address: 270 Park Ave Ext Code: 18RL 06' Agent Info .0 Zackery E. Nicholson, RA 1250 Evergreen Dr Cutchogue, NY 11935 Phone: 631-513-6589 Fax: Email: zenicholson.arch@gmail.com J Li II i i I I it BOARD MEMBERS ®� U Southold Town Hall Leslie Kanes Weisman, Chairperson ®�e� �� 53095 Main Road •P.O. Box 1179 Patricia Acampora ® Southold,NY 11971-0959 Eric Dantes Office Location: Robert Lennert, Jr. Town Annex/First Floor ® 54375 Main Road(at Youngs Avenue) Nicholas Planamento Southold,NY 11971 http://southoldtownny.gov RECEIVED ZONING BOARD OF APPEALS JiL" G TOWN OF SOUTHOLD 0 T 2 3 2023 Tel. (631) 765-1809 Southold Town Clerk j FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 19,2023 I ZBA FILE No.: 7829 NAME OF APPLICANT: Michael & Nicholas Giacone PROPERTY LOCATION: 270 Park Ave Extension,-Mattituck,NY SCTM No. 1000-123-8-27 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as SU pp required under the Suffolk County Administrative Code Sections A 14-14 to 23,and the Suffolk County Department of Planning issued its reply dated July 31,2023, 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 September 19,2023.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. The coordinator further states that "as built" structure is not consistent with Policy 1 and that the structure is located in a high energy structural hazard zone(FEMA VE EL 7). Structure in these zones should be minimized to prevent loss. Since the additions of the "as built" elevated front porch and rear deck is only an increase of 157.6 sq. ft., and the Southold Town Board of Trustees have issued a Wetland Permit for these "as built" improvements, this Board finds the proposed Action CONSISTENT with LWRP PROPERTY FACTS/DESCRIPTION: The subject property is a 10,552 sq. ft. non-conforming parcel located in an R-40 Zoning District. The property is split by a right of way that accesses the houses along Park Ave. Extension. The property has a creek frontage of 56.18 feet along Deep Hole Creek before turning south for 173.57 feet to Great Peconic Bay, then has 67.07 feet of Peconic Bay frontage before returning back 197. 15' to Deep Hole Creek. The property is improved with an existing one story seasonal residence with attached frame deck, all as shown on survey prepared by John C. Ehlers, LS, dated August 6, 2018. I i BASIS OF APPLICATION: 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 for a pen-nit 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 ii Page 2, October 19,2023 #7829, Giacone SCTM No. 1000-123-8-27 conforming use; located at:270 Park Avenue Ext.,(Adj.to Deep Hole Creek)Mattituck,NY. SCTM No. 1000-123- 8-27. RELIEF REQUESTED: The applicant requests a variance to legalize an as-built front porch and rear deck where j non-conforming buildings containing non-conforming uses shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a conforming use. ADDITIONAL INFORMATION: The current owners testified that the existing cottage has existed since approximately 193 8. The house was currently renovated,and the rear deck was made slightly larger than the original. Furthermore, the front porch was replaced with the addition of a code compliant deck and steps. Both additions received a Southold Trustees"Certificate of Compliance"# 1999C dated January 18, 2023. I FINDINGS OF FACT/REASONS FOR BOARD ACTION: i The Zoning Board of Appeals held a public hearing on this application on 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§267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. All of the properties along the right of way are seasonal dwellings that have existed for many years.' The additions in question are replacements in kind with slight additions to the overall size. Thes re-built deck and front porch will not cause an undesirable change in the character of the neighborhood since most of the homes on this street have the same or similar improvements. i 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. Since the as built structure are existing and non-conforming, any nonconforming use that is enlarged would require variance relief. 3. Town Law §267-b(3)(b)(3). The variances granted herein are s mathematically substantial, representing 100% relief from the code. However, the property was renovated to be more in compliance with FEMA regulations, and the degree of non-conformity in relation to the original structures is minor as they were re-built to be more in compliance with both FEMA and NYS Building codes. I 4. Town Law'§267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code and the conditions of this board. j 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 §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a re-built front porch and rear deck while preserving and protecting the character of i the neighborhood and the health, safety and welfare of the community. i Page 3,October 19,2023 #7829, Giacone SCTM No. 1000-123-8-27 RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13,motion was offered by Member Lehnert,seconded by Member Acampora,and duly carried, to GRANT the variance as applied for, and shown on the Site Plan and Architectural Plans drawn by Zackery E. Nicholson, Architect, last revised March 20, 2023. SUBJECT TO THE FOLLOWING CONDITIONS: i 1. The applicant must apply to the Building Department for a building permit for the "as built" improvement(s) within 90 days of the date of this decision and submit same to the Office of the Zoning Board of Appeals or submit a written request for an extension to the Board of Appeals setting forth the reason(s)why the applicant was unable to obtain a building permit in the time allotted. 2. The applicant must obtain a Certificate of Occupancy from the Building Department for the "as built" improvement(s) and submit same to the Office of the Zoning Board of Appeals within 12 months of this decision or submit a written request for an extension to the Board of Appeals setting forth the reason(s)why the applicant was unable to obtain a Certificate of occupancy in the time allotted. 3. The rear deck and front porch shall remain"open to above" and shall not be converted to habitable space. 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 I That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. IMPORTANT LIMITS ON THE APPROVAL(S) GRANTED HEREIN Please Read Carefully Any deviation from the survey, site plan and/or architectural drawings cited in this decision, or work exceeding the scope of the relief granted herein, will result in delays and/or a possible denial by the Building Department of a buildingpermit and/or the issuance of a Stop Work Order,and may require a new application andpublic hearing before the Zoning Board of Appeals. Any deviation from the variance(s)granted herein as shown on the architectural drawings,siteplan and/or survey cited above,such as alterations, extensions, demolitions, or demolitions exceeding the scope of the relief granted l 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 �I 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 J 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 I I i ' Page 4, October 19,2023 #7829,Giacone SCTM No. 1000-123-8-27 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 I i Vote of the Board: Ayes: Members Weisman (Chairperson), Acampora, Lehnert and Planamento. Member Dantes (recused). This Resolution was duly adopted(4-0) eeslie Ka es Weisman, Chairperson Approved for filing ��"/ `� /2023 SII i i I, i I I . I I ' I I I 00 ` . . .® , %' ''. -� I.E.. Q �, �,,�, RECEIVED(J) fid! •= ° ' a LOU. JUL 1 2023 Z ZEN DESIGN ,.�' LO Zoning Board of Appeals 1250 EVERGREEN DRIVE 0 ;0'-f t �7< rte' II Lf) CUTCHOGUE, NY 11935 PHONE: 631.513.6589 A UJ ■rwsa� a �� �� " t ,�`� .Ra"rt� ���✓�� i/a _ �I �. x „J'� W .dna u ��= .. ;.,rte . .� . . tip; , W V. �[ *' ►: ` "• k,. p a— a. T4 r- 0 These plans are copyrighted and are subject to copyright t• ` " " '" "� 7' "� protection as an"architectural work"under Sec.102 of the w` + tr Copyright Act,17 U.S.O.as amended December 1990 and known 40- O as Architectural Works Copyright Protection Act of 1990.The `UJy{•-'"'"� * 4 r�r • J� J protection includes but is not limited to the overall form as well as the arrangement and composition of spaces and elements of U ® (' ® design.Under such protection,unauthorized use of these plans, Q Q Q W work or home represented,can legally result in the cessation of construction or buildings being seized and/or monetary _• �`� '". ® V compensation to ZEN DESIGN LLC. CL N. g (j �y ' ri to V) (n (n ! LO AE i ko f0OO ..,, WWW J a. NO. ISSUE DATE ♦' f''tis,i, "'i • 4.nR"4" •'�dt'^ `4q _ ,} wR r W � 1.7 3.51 17'% 01 TRUSTEES APPLICATION 04.14.22 _ woo1 woo �► ' woo 02 DEC APPLICATION 05.29.22 wow , "00 � 03 TRUSTEES APPLICATION #2 12.04.22 ..• ' OWNS ` 04 VARIANCE APPLICATION 03.20.23 woowoo ,low ` WOOD woos Voila WOOD , ' ► ' " 0 ,woo ' �� 0 e _ � ' Wawa ,.� woo, wage wow woo wow C.) FINAL MAP _ f W Iii" -� DECISION* REVIEWED 'Q�SJ Ya?o_oZB_3 _A <P z 8"0' 3It'G DECitS-tCPS DECISION� � -VtAGSDATED:w C1� IS Q +3mo o` _ - M �; N 0 10 rz ILL 7 CA Uri e. 0 � Cn a = "0, 7"5' `g t' N 8 - ,�UIL-V p'ORCH H o m ���REo . Ca 1.0� AS U! _ O RCN STEPS► o FRA�'"�E JETS �� ��� y'�� ��„ AS BUILT �'' N� s2 M - -", a, (Y) \ 1 sq 044423 7.15 rF OF NS somaJ WOOD WALK � � NOON , �„ , soma � N-�-' ' wow ,low Noma soon woo wow wow wow loom ON" NOON 12 0 28 WOOD e�fALl� IACONE RESIDENCE W® 270 PARK AVE EXT MATTITUCK, NY 11952 SCTM# 1000-123-8-27 SCALE: 1" = 10' DATE: 03.20.23 DRAWN BY: Z.E.N. SITE PLAN RECF-IVED ZEN DESIGN 1250 EVERGREEN DRIVE JUL 14 2023 CUTCHOGUE, NY 11935 PHONE: 631.513.6589 ening Board 4 Of Appeals A-1 NOTES: ----------------------------------------------------------------------------- • ALL FRAMING IS PRESSURE TREATED. • METAL JOIST HANGERS OR STRAPPI":G AT EACH JOIST COP;":77-CT10"!. ' i These plans are copyrighted and are subject to copyright i -- -- STRINGERS protection as an'architectural work"under Sec.102 of the Copyright Act,17 U.S.O.as amended December 1990 and known r^ ^ " ; � as Architectural Works Copyright Protection Act of 1990.The - -- --- ----2X6 SUPPORT JOISTS Oda�H , 2X6 RI„ JOIST AI3OI' ----- - - --� -- --- EXISTING DECK STEPS protection includes but is not limited to the overall form as well as the arrangement and composition of spaces and elements of T _ - 2x6 RIP^JOIST - design.Under such protection,unauthorized use of these plans, V- 4x4 4"100D POSTS i i work or home represented,can legally result in the cessation of construction or buildings being seized and/or monetary ' compensation to ZEN DESIGN LLC. 2x6 SUPPORT JOISTS i REAR DECK , BLOCK BRIDGING BETWEEN JOISTS I? ' - NO. ISSUE DATE -•- 2x6 WOOD JOISTS 16"O.C. � --- --- --- L---- -- i - LI"?ti OF EXISTING DECK 7'-6"x 15'-11" 01 TRUSTEES APPLICATION 04.14.22 2x6 LEDGER i i H H11 02 DEC APPLICATION 05.29.22 -----HOUSE ABOVE ON 6x5 WOOD POSTS ==tn 03 TRUSTEES APPLICATION #2 12.04.22 --------------------------------------------------------------- -------- 4 DECK, FRf-. ,,'I`%1C PLAN SC nL E:1/4" FINAL MAP REVIEWED BY ZBA DECISION# DATE D: )o �r - EXISTING SINGLE STORY FRAP,"E RESIDENCE-UNCHANGED i 1 GREDOe qRC NG Z 4x4 PRESSURE TREATED sgTf044421 y0�� POST ON 4x4 WET ANCHOR 2 E:3 OF NEIN BASE.ON 8" DIA SONOTUBE A-1 PIER WITH. (3),-4 VERTICAL BA S ON 24x24x8 FOOTING —2XSIFnGFP — — I 2x3 P.T. LEDGER I 4"dITH (2)#.`4 BARS II"J EACi-i � � DIRECTION-MIN 36"BELOW LIP.E 07 AS BUILT FRONT PO!'CH 27,� "," O i GRADE. 4'-0"x 4'-0" - I I 1 h' .r. a COP.,. OSITE a c> _� _ I r I , I I , rl 5 ^n F- eI FRONT L _ DECKING co 0 0 � PORCH I i FRONT P . . r� r-I - � c,l -, �-- , 4x4 PRESSURE TREATED ---- COLUMN ON FOOTING P..EILOV,1 � — J _ ---'-_� ' _ _ r r , --T-1L----J — L--- ---1---J ------ GIACONE RESIDENCE j I �-----�----�---�� - - -- -- - P.T. STRINGERS � ------ I i 270 PARK AVE EXT - A MATTITUCK NY 11952 r -I 12 DIA. 36 11411 I' � ------ � BE'L°V1.'GRADE. SCTM# 1000-123-8-27 ------------ ------------ -' 4'-41/2" 4'-4" 5'-0" 4'-4" 3'-71/2" SCALE: 1/4" = 11-011 P0RC11 F:CDF FRA ,�IIiC PLAf�! I'® C%-I I"I�AI'ira�'! i F�Lz1 O� ASBU�'IT P'�3C1-I �'� E :IT�a:C', Dr.-CIF'I-�'�Pd DATE: 12.04.22 SCALF 1 4'-1'-0' v� ® SCALA/4"-1'-0" SCA'.F 1 4'-1'-0' /// DRAWN BY. Z.E.N. DECD AND PORCH PLANS FRONT PORCH REPLACING --- EXISTI"JG-SU!'-T UNDER BUILDING / PER^,".IT#`4.4745 ZEN DESIGN 1250 EVERGREEN DRIVE CUTCHOGUE, NY 11935 - - ---- RECEIVED PHONE: 631.513.6589 JUL 14 2023 Zoning Board of A i PPeals _. Ll These plans are copyrighted and are subject to copyright protection as an"architectural work"under Sec.102 of the Copyright Act,17 U.S.O.as amended December 1990 and known as Architectural Works Copyright Protection Act of 1990.The - -- - 1 -- protection includes but is not limited to the overall form as well as the arrangement and composition of spaces and elements of o I o design.Under such protection,unauthorized use of these plans, work or home represented,can legally result in the cessation of M Mi N construction or buildings being seized and/or monetary compensation to ZEN DESIGN LLC. F NO. ISSUE DATE 01 TRUSTEES APPLICATION 04.14.22 N10 T ELEVATIO'Nl 2 Wc S 6 ELEI./ATI OIN 02 DEC APPLICATION 05.29.22 1 SCALE 1 4"-1'{,• 03 TRUSTEES APPLICATION #2 12.04.22 EXISTENG DECK r FINAL MAP REVIEWED BY ZBA DECISION# DATED: _3 Li N N ��R�p qRC 'Itz E.Nati y�TF N� Z 044423 Pr SOUTH ELEVATIO!"I qJF OF NE' yO EAST ELEVATION 4 SCALE:14'_1'-O" 3 SCAt E 1/4-1'-U" GIACONE RESIDENCE 270 PARK AVE EXT MATTITUCK, NY 11952 SCTM# 1000-123-8-27 SCALE: 1/4" = 1'-0" DATE: 12.04.22 DRAWN BY: Z.E.N. DECD( AND PORCH ELEVATIONS & SECTION DETAILS 5 U RV EY OF.- LOT 3 �1:1 45 5HOWN ON A CERTAIN 5UBDIV1510N MAP ENTITLED"MAP OF MARRATOOKA POOM FILED IN THE OFFICE OF THE CLERK OF SUFFOLK COUNTY MARCH 19, 1972 A5 MAP NO.331 51TUATE: MATTITUCKSEEP HALE E TOWN : 5OUTHOLD p 2A FLOAT (G- TOWN : CREEK 5UFFOLK COUN FLA S 5URVEYED 08-OG-2018 RECFIUED SUFFOLK COUNTY TAX # JUL 14'2023 1000 - 123 - 8 - 27 CERTIFIED TO: Zoning Board of Appeals Michael J. Giacone Nicholas A. Giacone Fidelity National Title Insurance Services. LLC -BOG- 8 " ^BOG-- -585033' 711E _5_G. ) 8• _POST `V E SINE ALOmG OB5ERVED HIGH Wq(E `� . o 0 RIGHT OF WAY A.K.A.g E EXT-' nd rroadwaY n rn zp� -° rn0 OC1.7cV�p 70 N 35.T 0����O S a o 1 5TOVy zz-kp NO F pis PILES 1.r ...Z.l.l:.._.. 0 —� yo9' o -10 C9 24. lP �C -n � FRAME J :ul 40NG ,�ZA`�156 I 'Unauthorired alteration or addition to a survey GpNIC �a l OF NE mop bearing a licensed 72 Ions surveyors neat Is a fT AT PI= 1 violation of section 7209.sub-dhAskxh 2,of the V f^ Lt;N, � `O New York Stale Education Lor. ,7 "Only copies from the original of this surrey (P marked rtlh an orig6roi of the land surveyors stomped sed shag be eanstdered to be valid true 44 a copies' 1 1 �hrllfcotians hhd+coyed hereon signifyy Nwl this aurv+v rpe orcoared in attordenae with the es- of �j by he Nero York StolecAssociolb of Prrofes tarot (1 '— Land Surveyors. Sold codifications shollrun only to the person for whom the survey Is prepared. 502 2 s and on his behalf to the title company.governmen- •-' FQ(.API lot agency and Iendmg Institution listed hereon.and T>_ to the ossignees of the lend;ng institution. Cerllfko- f lions we not transferable to oddltbnd institutions NATES: ° MONUMM"F " D JOHN C. EHLER5 LAND 5URVEYOR G EA5T MAIN 5TREET N.Y.5. UC. NO. 50202 Area = I I,20G 541. Ft. RIVERHEAD, N.Y. 1 190 I" OFFICE: 631-369-8288 Area = 0.26 Acres resurvey@optonlme.net 18-135 a � t� COUNTY OF SUFFOLK tI 13��1ti✓ �y�,��� RECEIVED U%A NN ;n AUG 012023 STEVEN BELLONE Zoning Board of Appeals SUFFOLK COUNTY EXECUTIVE q u DEPARTMENT OF ECONOMIC DEVELOPMENT AND PLANNING I � I SARAH LANSDALE CHRISTOPHER GONZALEZ COMMISSIONER ELISA PICCA CHIEF DEPUTY COMMISSIONER DEPUTY COMMISSIONER July 31, 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 He Number Michael&Nicholas Giacone #7829 Edwin Pisani #7834SE Kathleen Walas #7835 Very truly yours, ��iear�a�ie A. /f� By Christine DeSalvo Theodore R. Klein, Principal Planner TRK/cd Division of Planning&Environment H.LEE DENNISON BLDG■ 100 VETERANS MEMORIAL HWY,11th FI■ P.O.BOX 6100■ HAUPPAUGE,NY 11788-0099■(631)853-5191 I�9�z3 �,oF sorry OFFICE LOCATION: O� Ql MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 J l Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) va Southold, NY 11971 �pQ Telephone: 631 765-1938 ��y�4UN'fY,N� LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD 79al :RECEIVED To: Leslie Weisman, ChairMembers of the Zoning Board of Appeals 1.From: Mark Terry, AICP Zonioar Assistant Town Planning Director LWRP Coordinator Date September 19, 2023 Re: LWRP Coastal Consistency Review for ZBA File Ref MICHAEL AND NICHOLAS GIACONE #7829 SCTM No. 1000-123-8-27. 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 for a 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. 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 recommended as INCONSISTENT with the LWRP. 1. The as-built structure is not consistent with Policy 1. 2. This structure is located in a high-energy structural hazard zone (FEMA VE EL 7). Structure in these zones should be minimized to prevent loss. 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 0 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. RECEIVED NOTICE OF DISAPPROVAL JUL 1' 4 2023 DATE: M hoard of q ppeals TO: Zackery E. Nicholson 1250 Evergreen Drive Cutchogue,NY 11935 Please take notice that your application dated February 2, 2023: For permit: to legalize "as built" front porch and rear deck to existing seasonal dwelling at: Location of property: 270 Park Ave. Ext., Mattituck,NY County Tax Map No. 1000 - Section 123 Block 8 Lot 27 Is returned herewith and disapproved on the following grounds: The "as built" additions, on this nonconforming 10,552 sq. ft. lot in the R-40 District are not permitted pursuant to Article XXIII, Section 280-123, which states; "a nonconforming building containing a nonconforming use shall not be enlarged, or structurally altered or moved, except as set forth below, unless the use of such building is changed to a conforming use." Authorized Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file,Z.B.A. Fee:$ Filed By: Assignment No. 1 APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE House No. 270 Street PARK AVE EXT Hamlet VED SCTM 1000 Section 123 Block 8 Lot(s) 27 Lot Size 11,207 SF15, 2023Z. 4 2023 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDINGof Appeals DATED MAY 5, 2023 BASED ON SURVEY/SITE PLAN DATED MAY Owner(s): MICHAEL& NICHOLAS GIACONE Mailing Address: 1355 BROADWAY-ALBANY, NY 12204 Telephone: 631.513.6589 Fax: Email: ZEN ICHOLSON.ARCHgGMAIL.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: ZACKERY E. NICHOLSON, RA for())Owner( )Other: Address: 1250 EVERGREEN DRIVE-CUTCHOGUE, NY 11935 Telephone: 631.513.6589 Fax: Email: ZEN ICHOLSON.ARCH@GMAIL.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 MARCH 20, 2023 and DENIED AN APPLICATION DATED MAY 3, 2023—FOR: ( )Building Permit ( )Certificate of Occupancy ( )Pre-Certificate of Occupancy ( )Change of Use (X)Permit for As-Built Construction ( )Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: XXIII Section: 280 Subsection: 123 Type of Appeal. An Appeal is made for: ()o A Variance to the Zoning Code or Zoning Map. ( )A Variance due to lack of access required by New York Town Law-Section 280-A. ( )Interpretation of the Town Code,Article Section ( )Reversal or Other A prior appeal( )has, (X)has not been made at any time with respect to this property,UNDER Appeal No(s). Year(s). .(Please be sure to research before completing this question or call our officefor assistance) - --- - - -- Name ofOwner:-- -- - - - -------------___--- ZBA File# REASONS FOR APPEAL (Please be specific, additional sheets maybe used with r signature notarized): RECEIVED 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a del riment toy t�aIy4 2023 properties if granted,because: UI THE NEIGHBORHOOD CHARACTER WILL NOT BE NEGATIVELY AFFECTED BECAUSE Honing Board of Appeals PORCH AND DECK ARE IN KEEPING WITH BOTH THE ARCHITECTURAL STYLE AND T EZ CONSTRUCTION MATERIALS OF THE MAJORITY OF THE RESIDENCES IN THIS AREA. DECK INSTALATION FACING THE BAY IS COMMON PLACE IN THIS NEIGHBORHOOD.OVER 90%OF ADJACENT HOUSES WITHIN 50OFT HAVE THE EXACT KIND OF CONSTRUCTION. 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: THE DECK IS AN AS BUILT CONDITION AND IS LOCATED AT THE REAR OF THE HOUSE.THERE IS NO OTHER LOCATION TO CREATE A DECK THAT FUNCTIONS AS THIS ONE DOES. THE FRONT PORCH HAS BEEN INCREASED IN SIZE TO IMPROVE THE ACCESS AND EGRESS CONDITION AT THE MAIN ENTRANCE TO THE HOUSE. 3.The amount of relief requested is not substantial because: THE AS BUILT FRONT PORCH IS MODEST IN SIZE(37 SF)-THE MINIMAL REQUIRED FOR TWO PERSONS TO OCCUPY WHILE OPENING THE FRONT DOOR. THE REAR DECK IS MODEST AS WELL IN SIZE(119 SF). IT IS NO CLOSER IN PROXIMETY TO THE WATER THAN ADJACENT NEIGHBORS DECKS AT HOUSE#360,#440Ȉ THAT ARE MUCH LARGER. 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: THE AS BUILT AREAS HAVE LITTLE TO NO AFFECT ON THE PHYSICAL OR ENVIROMENTAL CONDITIONS OF THE SITE BECAUSE ALL THE WORK IS ABOVE GRADE AND DOES NOT CONTRIBUTE TO THE IMPERMABLE AREA OF THE LOT. NO NATURAL VEGETATION OR GRADE WAS CHANGED TO CONSTRUCT EITHER THE DECK OR PORCH. 5.Has the alleged difficulty been self-created? { }Yes,or 00 No Why: THIS STRUCTURE WAS PRE EXISTING(1957).THE ZONING MODIFICATIONS DONE BY SOUTHOLD TOWN HAVE CHANGED THE LOT TO R-40 DESIGNATION.AT THE TIME OF THE CONSTRUCTION OF THE HOUSE THERE WERE NO REQUIREMENTS FOR SETBACK DISTANCES,THERE FOR THE VARIANCES IS REQUIRED BECAUSE OF THE ZONING CHANGE IN THIS AREA. Are there any Covenants or Restrictions concerning this land? {X}No { }Yes(please furnish a copy) This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety and welfare of the community. NZ-71/ Signature o pplicant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn to before me this�� day of ,20 CONNIE D.BUNCH Notary Public Notary Public,State of New York No.01BU6185050 Qualified in Suffolk County Commission Expires April 14,2AD�L APPLICANT'S PROJECT DESCRIPTION RECEIVED APPLICANT: MICHAEL& NICHOLAS GIACONE DATE PREP JMOLV2023 1.For Demolition of Existing Building Areas Zoning Board of Appeals Please describe areas being removed: N/A II.New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: 3'-11"x 9'-4" FRONT PORCH &T-6"x 15'-11" REAR DECK Dimensions of new second floor: N/A Dimensions of floor above second level: N/A Height(from finished ground to top of ridge): N/A +-18' 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- HOUSE IS ON STILTS M.Proposed Construction Description(Alterations or Structural Changes) (Attach extra sheet if necessary).Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: PRIOR TO RENOVATIONS DONE UNDER BUILDING PERMIT 44748 THE FRONT PORCH WAS 4'x4'. IT WAS UNDER DISREPARE AND RECONSTRUCTED SLIGHTLY LARGER TO ALLOW SAFER ENTRY AND EXIT TO THE HOUSE. Number of Floors and Changes WITH Alterations: N/A-NO NEW FLOORS ADDED IV.Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: 915 SF Proposed increase of building coverage: 119 SF(DECK ONLY) +36.5 (FRONT PORCH) Square footage of your lot: 11,207 SF Percentage of coverage of your lot by building area: 9.5% V.Purpose of New Construction: AS BUILT PORCH AND DECK. VI.Please describe the land contours(flat,slope%,heavily wooded,marsh area,etc.)on your land and how it relates to the difficulty in meeting the code requirement(s): FLAT. Please submit 8 sets of photos,—latieled 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 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION A. Is the subject premises listed on the real estate market for sale? RECEIVED Yes X No JUL 1A 2023 B. Are there any proposals to change or alter land contours? X No Yes please explain on attached sheet. Board of Appeals C. 1.)Are there areas that contain sand or wetland grasses? YES 2.)Are those areas shown on the survey submitted with this application? YES 3.)Is the property bulk headed between the wetlands area and the upland building area? 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: APPROVED 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? YES If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe:YES-THIS APPLICATION IS TO LEGALIZE WORK DONE UNDER BUILDING PERMIT#44748. 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? YES If yes,please label the proximity of your lands on your survey. SEE SURVEY. NOTE:ADJACENT PROPPRERY OWNED BY 7 FAMILY MEMBERS. I. Please list present use or operations conducted at this parcel SEASONAL DWELLING and the proposed use SAME WITH DECK (ex: existing single family,proposed: same with garage,pool or other) —---- -- - - - - -- — --05.01.23 Authorize ignature and Date - - -- - -- -------- --- -- -- - ------ - -- FORK NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Towyn Clerk's Office Southold, N. Y. RECEIVED JUL 14 2023 Certificate Of Occupancy Zoning Board of Appeals No.Z66.2x3 . . . . . Date . . . . . . . . . . . . Ag. . . . . . . . . ., 19.x . THIS CERTIFIES that the building located at . .R•0 .'�. Park Ave. . . . . . . . Street Map No. . . . . . . Block No. .xxx . . . . .Lot No. . .x=. . .Nattztunk.N...Y.. . . . . . . confoms substantially to the Application for Building Permit heretofore filed in this office dated . . . . . . . . . .4T1M. . .27. . ., 19.75 pursuant to which Building Permit No. . .PK lZ dated . . . . . . . . . . .July. .3. . . ., 19-7.5, 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 -00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The certificate is issued to . .Fe%vr. AgnlpA. . . . . . .9wnex . . . . . . . . . . . . . . . . . . . . . . . . . . (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval .NA! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . UNDERWRITERS CERTIFICATE No. .N K .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . HOUSE NUMBER . . .270 . . . . . . . Street . . putt. Avo. . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... .. .. .. . . . . . . . .. . .. .. . . . . . . . . . . . . Building Inspector 7� a. q't'r%BUILDING f PERI 11T 'r ISSUED TO 1 . "DAT E ADDRESS Ave, This notice must be displayed during construction and returned to Building Crept-, to get a certificate of occupancy upon completion of work. M. 03 p Y n °1 rte BUILDING INSPECTOR'S OFFICE, TOWN OF SOUTHO w SOUTHOLD, N.Y. • ® . i i i Mum�i CZ,,..t -__--.� - _ entUser-DONNAW'��- .... -- _.'......... ......:.. .. . . _- _. Overview Building Department I Planning I Zoning I Otheril-ids I Reports Yew.I Help oqr-£+L 9titirjs}' --ys. 9",: /L 6ir>:}ldeur AaParlrrunt @lsnn6r,0; rZo}>U+�t: Tmmoos '�FtBPflt!S. ' Building Department - --- QSearch_}, %JView &CempanicslContacts-I_12Ssnda Note,Lrt,Codes I r•>"^i_j Parcel 'Stop Work Orders.�-(�Pdnt I \d Portable h,�Tables -*Maps ' - _ - - - _ _ _ _ _ _ _ _ _ _ _ __ - _- -_--_ Building Dept Reference tie123.$-27 Giacone,Michael-270 Park Ave Ext Mattituck NY 11452 a 'r !l El General I!s Appls.Permits.COs. r® Interval inspections ® Complaints_,lad Easements, ,l�` Events...,la Pictures._l� Planning...:fi Zoning... + Other Boards... Receht Parcels ------ ------- ---- ----- ------- -- - ---- -- ---- .__ - .A: Parcel summary .. F~a+- % .? Parcel ID Name � 107.-6-13_ Ernst.Richard 123--8-27_ Giacone,Michael ! 123.$-27 Account#:14 r 'i 34.441 Gomez,Jo ge i 270 Park Ave Ext,Mattituck;NY 11962 106.444 Biniaris,Antonios S r J GlaCone,Michael - - - 22.-4-20 Weslvind,Lars - - ' 117.-g-20 McElroy.Patrick_I,';;. �•25 Westphal Dr, - 4.-6-34.7 Sweet Liberty Inc- 109-3-2 nc 109:3-2...- Gannon SF Living NY 12051 e 104.4-13 Mantione Jr,Jahn 1�. . 9.4-3 411,IEquestdan Av ! Zoned:R40 Prop Class:260,Acreage:0.25 106.-8-72...Macad,Joseph ttt - i 142:1-26 Ma[thuckPlaza Ll!: ®Parcel History 107.-6-1... Siemeding.Arthur 6 Double-Click on History Item!galea to OFen. - ❑Don't Load History on this Parcel Print Niatory , 34:3 21 Spanos,James 1'I -3 55.-6-24 Lesica D Irry Th ❑Don't Show Occupant History I 74:3-14 Lopez.Fausto f_i; --.-- Now 4.-3-19 Moshouns,-Nicho ! .a -MOMMME --04 a bur Freda F ..OCCupaet '•...:, •.^,'Issued z: r:CtoaRL-i--T� , Typemumum474.1 .8 K en g1 Imp 1 106.-64.1 North Fork Project,.- 108-4-7 roject,1034.7..-. Hubbard,Kathern I�_ 6.-3-8.3 _Calahan,Lauren_. 0 2128/2020 Permit 4:44748 AS BUILT ALTERATION Giacone,Michael&Nicholas IN DISAPPROVAL DRAWER legalize an'as built'bathroom addi.-.OPEN 139.-345 Myers,Ruth 139.-346__ Myers.Ruth 2/21/2020 Application 4: AS BUILT ALTERATION Giacone,Michael&Nicholas legalize an"as buiR'bathroom addt on to an existing seasonal colt...WRITTEN 22.-2-18 Able,Nathan ;- fS 2121/2020 Application P. AS BUILTADDITION Giacone,Michael&Nicholas 'as bIC deck needs dis PENDING 6.-2-5-1 McGeeney,John, 10/18/2019 Application# ELECTRICAL Giacone,Michael&Giacone,.-.'as blt'electric WRITTEN 123,4-10 JSK Park Ave LLC' 10/18/2019 Permit 4:44313 ELECTRICAL Giacone,Michael&Giacone,...with Pre CO"as bit'electric OPEN 15.-3-2 30 Daddy,Stephen 8!5!2019 815r2019 Cad#pending PRE-CO Giacone,Michael "file with pending application 163-Pre-CO ISSUED 95:3-2 Oregon 4690 LLC 137.4-3.2 Duben,Stephen 40.1-5 Sunset Sound Vie; 110.4-1.-_ Grathwohl,Glen N _59.4-22 Veradeana Proper, E O 347-1-2.1 Spohidakis,Deme' \ 47.-242 _Silver.Sands Hldg: C- \1 13.-2-8.30 Hillcrest House LL, L0 C M 9.-1-4 Bungalow 12 LLC O r n 71:1-15 McCulloch,Kenne 97.-3-7 English,Berry 6.4-7-2 _ Calahan,Lauren O- 1{+ S 70,-6-22 Canning.Andrew i O N rn J 102.-2-2 31095 Main Rd LL D 55.-6-15.-__Ross,Dustin 126.-7-20 Fenny,Frank p 117--6-3 Naldlian J&M H., (D 117- G Cihhnns Hrinitte T" < > 4b 76*F Cloudy ir, CP pe here to search 1P Ty I I ®��QF S®(/yOl Town Hall Annex Glenn Goldsmith,President j 54375 Route 25 A. Nicholas Krupski,Vice President P.O. Box 1179 Eric Sepenoski Southold,New York 11971 Liz Gillooly • Q Telephone(631) 765-1892 Elizabeth Peeples �`o a Fax(631) 765-6641 Iy�DUNT`1,�� FRECIEIVED BOARD OF TOWN TRUSTEES 1�4 2023 TOWN OF SOUTHOLD Zoning Board of Appeals CERTIFICATE OF COMPLIANCE # 1999C Date: January 18, 2023 THIS CERTIFIES that the existing 15'11"x7'6"deck with 3' wide stairs and 3'l 1"x9'4"front porch with 5' wide stairs; At 270 Park Avenue Extension,Mattituck, Suffolk County Tax Map#1000-123-8-27 Conforms to the application for a Trustees Permit heretofore filed in this office Dated January 3,2023 pursuant to which Trustees Administrative Permit# 10290A Dated January 18,2023,was issued and conforms to all the requirements and conditions of the applicable provisions of law. The project for which this certificate is being issued is for existing 15'1 1"x7'6"deck with 3' wide stairs and 3'1 1"x9'4" front porch with 5' wide stairs. The certificate is issued to Michael Giacone owner of the aforesaid property. Authorized Signature Glenn Goldsmith,President ��0� SOUTy® Town Hall Annex e A. Nicholas Krupski,Vice President �® fO 5 Route 25 P.O.. Box 1179 Eric Sepenoski Southold,New York 11971 Liz Gillooly cn >r G @ Telephone(631) 765-1892 Elizabeth Peeples �® yo Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD RECEIVED Permit No.: 10290A Date of Receipt of Application: January 3, 2023 JUL X'4 202; Applicant: Michael Giacone Zon;n SCTM#: 1000-123-8-27 9 80ard of gppe Project Location: 270 Park Avenue Extension, Mattituck Date of Resolution/Issuance: January 18, 2023 Date of Expiration: January 18, 2025 Reviewed by: Glenn Goldsmith, President Project Description: For the as-built 15'11"x7'6" deck with 3' wide stairs and 3'1 1"x9'4" front porch with 5' wide stairs. Findings: The project meets all the requirements for issuance of an Administrative Permit set forth in Chapter 275 of the Southold Town Code. The issuance of an Administrative Permit allows for the operations as indicated on the site plan prepared by Zackery E. Nicholson, RA, dated December 4, 2022, and stamped approved on January 18, 2023. Special Conditions: None. Inspections: Final Inspection. If the proposed activities do not meet the requirements for issuance of an Administrative Permit set forth in Chapter 275 of the Southold Town Code, a Wetland Permit will be required. This is not a determination from any other agency. ----------Glen n-Goldsmith,-President------ -___ Board of Trustees -- ----------- ---- 61 Z20 Appendix B RECEIVED Short Environmental Assessment For n JUL '14 2023 Instructions for Completing &goarc $f Appeals Part 1 -Project Information. The applicant or project sponsor is responsible for ono art 1. Res nses become part of the application for approval or funding,are subject to public review,an su sect to further verification. Complete Part I based on information currently available. If additional research or investigation would be needed tof 11 respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. i Part 1 -Project and Sponsor Information 71$ Name of Action or Project: Project Location(describe,and attach a location map): 270 Park Ave Ext - Mattituck, NY 11952 SCTN: 1000-123-8-27 Brief Description of Proposed Action: Certificate of Compliance for an as built deck. Approval for Front Porch replaced under Building Permit#44748. Name of Applicant or Sponsor: Telephone: 631.513.6589 Zackery E. Nicholson - AIA E-Mail: ZENicholson.Arch@gmail.com Address: 1250 Evergreen Drive City/PO: State: Zip Code: Cutchogue New York 11935 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 El 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: Variance for as built conditions 3.a.Total acreage of the site of the proposed action? .257 acres b.Total acreage to be physically disturbed? .007 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? .257 acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) [:]Industrial ❑Commercial C@Residential(suburban) – -- -- --- ---- --- ❑Forest ❑Agriculture — Aquatic --❑Ottier(specify): -- -- — -- — -- ❑Parkland Page 1 of 4 5. Is the proposed action, - NO YES N/A a. A permitted use under the zoning regulations? RECEIVED ❑ Fx� ❑ b.Consistent with the adopted comprehensive plan? El ❑ 6. Is the proposed action consistent with the predominant character othe existhbu 4r 1 NO YES landscape? ❑ LX 1 7. Is the site of the proposed action located in,or does it adjoin,a state Ii!tgh iEWS1&R A a? NO YES If Yes,identify: a ❑ 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES b.Are public transportation service(s)available at or near the site of the proposed action? � El c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? Fx� ❑ 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: N/A 0 EJ 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: NIA Fx-� ❑ 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: N/A v ❑ 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES .Places? � F-1b.Is the proposed action located in an archeological sensitive area? ❑ X 10 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO I YES wetlands or other waterbodies regulated by a federal,state or local agency? ❑ a b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? ❑ If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ®Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional ® Wetland ❑Urban ❑Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? � ❑ 16.Is the project site located in the]00 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 b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? - - -1f Yes,briefly describe:--- - -- - -- -- -- ---- - ----- -----XNO-- -- YES- - - --- - - ---— - - --- Page 2 of 4 18.Does the proposed action include construction or other activities that result in th un t of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: RECEIVE-D X 19.Has the site of the proposed action or an adjoining property been the location acts a or closed NO I YES solid waste management facility? If Yes,describe: 7noing Board of Appeals ❑ ❑ 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: FRI F] I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Zackery E. Nicholson - AIA Date: 05.01.23 Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning ❑ regulations? El 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 F] El of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or El ❑ 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 El 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 E ',23f Appeals ZEN DESIGN Y 1250 EVERGREEN DRIVE ` CUTCHOGUE,NY 5 PHONE: IIA +rw rhea plans ere wprnglrtatl and are subject to wprnght P fight t as an U.S.O.as work•unser Sec 102 nd Ne r ' ♦ ,• Al t - t • , �, '11 " f Copyright Act•rat W 0.as amended mightDec tion A 3990 and brown ' as Arehaen[ured Works s not right Protection Act of 1990.The ` ` #� r.. r, 7 ` Y ' �, tettion he arrangement aut h composition to spews an ban as well 7 + ,/e-" < "�.. ". as mrHna u�er such p,a eand cti-unautn spaces use ofthe plaru ♦ ♦' `� Y work or name representee,can legally result I,the cessation of •� i�l ,_ t ' wnstrucfbn orcen idings atlon being N DESIGNLLQ monetary t r aam ♦t. ~' ♦ r� fiY. , ._)6,p� �' h r #` NO. ISSUE DATE 1 I as `\ • • ,� OS TRUSTEES APPLICATION 04.14.22 'E{ "'w` 02 DEC APPLICATION 05.29.22 t M � • OF 03 TRUSTEES APPLICATION#2 12.04.22 04 VARIANCE APPLICATION 05.01.23 1P 46 ED AR As iV r '.G1 , • f �`� Y "' 1�►�` r t Sal ()4442 �O�F 40 op N E��1 ll1 . r GIACONE RESIDENCE *�I y •!� �. 270 PARK AVE EXT �Af� • ' , MAT TITUCK,NY 11952 SCTM#1000-123-8-27 SCALE: ,+ .r � ►:* t � DATE: 05.01.23 w+ DRAWN BY: Z.E.N. r AREA MAP AM-1 APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and emplovees.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•• Nicholas Mazzaferro (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) RECEIVE® Tax grievance Building Permit Variance AS BUILT VARIANCE Trustee Permit SEP 2 7 2023 Change of Zone Coastal Erosion D, Approval of Plat Mooring GT Other(activity) Planning Zoning Board of Appeals Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest.`Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee.Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP SubmittedAn G-7ay of 20� VY I Signature ---- --P- Name_ Ni las4zaferro Board of Zoning Anneals Annlication RECEIVED AUTHORIZATION SEP 2 72023� (Where the Applicant is not the Owner) Zoning Boar Of Appeals I, Michael J. Giacone residing at 270 Park Ave Ext. (Print property owner's name) (Mailing Address) Mattituck, NY 11952 do.hereby authorize Nicholas Mazzaferro (Agent) to apply for variance(s)on my behalf from the Southold Zoning Board of Appeals. (Owner's Signature) J �Lo�f® (Print Owner's Name) APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics Prohibits conflicts of interest on the part of town officers and em No:ees.The purpose of this form is to nrovide information which can alert the town of Docsible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: MICHAEL GIACONE (Last name,first name,middle initial,unless you are applying in the name ofsomeone a se or othe�� L3p�1 � company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION:(Check all that apply) JUL 14 2023 Tax grievance Building Permit Variance AS BUILT Trustee Permit Change of Zone Coastal Erosion zzoning Board of Appeals- Approval ppealsApproval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D),and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this J d./f, .20 Signatur Print Name 191 J &113LO!�0 ' i Town of Southold tZoning ECEIVED LWRP CONSISTENCY ASSESSMENTFOWRM,UL 1 4 2023 EA A. INSTRUCTIONS Board of Appeals 1. All applicants for permits* including Town of Southold ag 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" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail, listin1l both supporting and non- supporting facts. 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# 1000 - 8 - 123 - 27 PROJECT NAME Giacone Residence The Application has been submitted to(check appropriate response): Town Board ❑ Planning Board❑ 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: 0 Nature and-extent—of-action: — -- -- - ---- - Acquire a Certificate of Compliance an existing Rear yard deck that was constructed prior to work completed under builder permit#44748. CoC required inorder to aquire a CO for the house and close out Building Permit#44748. Under Building Permit#44748 The main porch &stairway were replaced in the same location.The new porch was expanded to the side to provide a safer entry into the home.The new porch and stair did not change the setback distance for the front yard. Location of action: 270 Park Ave Ext Site acreage: •257 RECEIVED Present land use: Seasonal Residential Dwelling JUL 14 2023 &A Present zoning classification: R-40 Zoning Board of Appeals 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Zackery E. Nicholson - AIA (b) Mailing address: 1250 Evergreen Drive - Cutchogue, NY 11935 (c) Telephone number: Area Code( ) 631.513.6589 (d) Application number,if any: f l� Will the action be directly undertaken,require funding, or approval by a state or federal agency? Yes ❑ No[K If yes,which state or federal agency? C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. 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. a Yes ❑ No [:] Not Applicable Project uses material that maintain the existing community character and does not change any open space. The existing infrastructure is continued to be used resulting in an efficient use. The existing use of the coastal location is unchanged and there is no additional development on the site. There for there is no adverse impact. -- ---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 N] Not Applicable This site is not in a historical district, is there any archaeological resot'. _-.`s located on the site. Attach additional sheets if necessary :;-'el) WA Policy 3. Enhance visual quality and protect scenic resources through Id. See LWRP Section III-Policies Pages 6 through 7 for evaluation criteria RECEIVED X❑ Yes ❑ No ❑ Not Applicable JUL 14 2023 This proiect maintains the visual guality of the neighborhood throuh th use of similar materi s for the deck and porch and maintaining the primary residential structure a i1zorirrQst1 rex1S0pea1s 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 a Yes Q No ❑ Not Applicable This project improves the resiliency of the front porch from potential flooding. The project does not impact the property conditions there for does not affect the aspects for erosion. The project does not involve any work within the wetlands or the tidal zone therefore preserving the natural resources of the site. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of.Southold. See LWRP Section III -Policies Pages 16 through 21 for evaluation criteria ❑ Yes ❑ No 0 Not Applicable The protect does not affect the water quality of the Town of Southold. Nor does it affect the water supply. 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 LW" Section III-Policies; Pages 22 through 32 for evaluation criteria. ❑ ❑ a Not Applicable Yes No Not Applicab` This project does not affect any coastal and wildlife habitats. The project does not have any affects on the existing wetlands of the site. RECEIVED JULJ 4 202 Attach additional sheets if necessary zoning Board of Appeals Policy 7. Protect and improve air quality in the Town of Southold. See 13UR I Seetion Policies Pages 32 through 34 for evaluation criteria. ❑ Yes [:] No a Not Applicable The project does not involve or impact the air quality of the site. Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LMW Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No 0 Not Applicable The project does not involve solid or hazardous waste. 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 LVVRP Section III—Policies; Pages 38 through 46 for evaluation criteria. ❑ Ye�j No 0 Not Applicable The project does not involve any public access to coastal waters, public lands and public resources. 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 ❑X Not Applicable The project does not involve-any water dependent uses. CEIVED JUL 14 2OZ3 Board of Appeals 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 This.project maintains the sustainable use of marine and town waters b minimizing the construction work The deteriorating rear deck is being replaced in kind with minimal expansion. The front porch was replaced to provide safe access to the house. All this work wilt not affect existing marine resources. 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 ❑ NoFX] Not Applicable This project does not affect agricultural lands. Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No 0 Not Applicable This project does not affect energy or mineral resources. PREPARED By Zackery E. Nicholson - AIA TITLE Agent DATE 05.01.23 TOWN OF SOU HOLD PROPERTY RECORD CARD ,A-i0d'0 - 1-2 ,,-q 7 Ll ER pp STREET -71 VILLAGE DISTRICT SIJB�-- LOT FORMER OWNER N E ACREAGE S y W TYPE OF BUILDING RES. SEA& VL. FARM comm. IND. I CB. misc. I Est. Mkt. Value LAND IMP. TOTAL DATE REMARKS 17 C) 4 Ono ,(j'/c- 7 u a—ar 7 AGE 700 _570(2 I I A0 /4/ec77�-? NEW ! NORMAL BELOW ABOVE FRONTAGE ON WATER Form Acre Value Per Acre Value FRONTAGE ON ROAD 2 .r Tillable 1 BULKHEAD Tillable 2 DOCK Tillable 3 Woodland 8 7 4'9 U3 Swampland Crn — 03 Brushlan < M House Plot f D C=) GO (D En Tota I a { i ' I OLJ I 123.-8-27 3/25/2019 -----— i'---�-- -- --- ------ -' ar --- .... -- - -- -- - -- - - - -- -- - - -3'.S c=y"• YY`f_ - _ 4_--i__-.;_-_-1 -_I___-r---�---.I _I I i I i i r I Fou g �i "r% nclation Both Extension ! 1 a SO Basement Floors_— - — ' xtensro .�'' ; � �,.` �., -,l I ,J-- �� � j '�, c'. Walls , , Interior Finish i. ----- - - c --- ------------------------------- Extension I o J S� Q ! Fire Place !-Leat _ _ + P ch Root Type Il Z/11510 Porch Rooms 1 st Floor --- ---------- ------ Breezeway I Patio Rooms 2nd Floor Garage I Driveway I Dormer To PHOTO LOCATION KEY DEEP HOLE (GARDINER'S CREEK) RECEIVED I AUL 1 4 223 ZEN DESIGN Appeals 1250 EVERGREEN DRIVE C RIGHTOF WAY Zoning Board of App PHONE:63L5136589 These pons are copyrighted and are subject to copynght pretoction as a,'am heaural work'under Sac.102 of Ov Copyright A",v US.O.as amended December 1990 and known as Architectural Worlat CoPyAght Protection Act of 1990.The pmtection includes but is not limited W the owerell form as well as the arangement and composition of spaoes and elements of design.Under such protection,unauthorized use of Mex pians, work or home represented,can legally result in the oesaatlon b construction or buildings being seized and/or monetary cornpensatlon to ZEN DESIGN LLC. " NO. ISSUE DATE 01 TRUSTEES APPLICATION 04.14.22 _ 02 DEC APPLICATION 05.29.22 03 TRUSTEES APPLICATION#2 12.04.22 04 VARIANCE APPLICATION 05.OL23 rGREATPECONICRAY h / t ERE AR Cry 1 11 �. o i 4 s9 04442" } OF NE-\4 - GIACONE RESIDENCE µ r... 270 PARK AVE EXT „ .. MATTITUCK,NY 11952 .c .:ti•^ s� ' - - 'v - }`=` 4 p"` :<,•',��w�_ SCTM#1000-123$27 SCALE: PANORAMA PHOTO 1 - FACING EAST FROM PARK AVE EXT. DATE: 05.0123 4 AK DRAWN BY: Z.E.N. SITE PHOTOS 1 P-1 PHOTO LOCATION KEY DEEP HOLE (GARDINER'S CREEK) RECEIVED NZ /I/ JUL 14 2023 ZEN DESIGN Zoning Board of Appeals 1250 EVERGREEN DRIVE CUTCHOGUE,NY 11935 PHONE:631.513.6589 RIGHT OF WAY These plans are copydgllted and are subject W copyright pmteatlon as an-amhltectural work'under Sac.702 of the COPoght Act,V U.S.O.at amended Deeember 7990 and known se Archhectursl Works Copydght Protection Act at 7990.The I pnlectdn includes but is not limited d the overall form as well � as the arangement and composition of spaces and elements of I design.Under such protection,unauthorized use of thea plans, work or home represented,can legally result in the eassation of construction er buidings being seized and/or monetary compensation to ZEN DESIGN LLC. 1 2 N0. ISSUE DATE t e .: �. Ol TRUSTEES APPLICATION 04.14.22 02 DEC APPLICATION 05.29.22 _ $ _ 03 TRUSTEES APPLICATION#2 12.04.22 - 04 VARIANCE APPLICATION 05.01.23 GREAT PECDNIC BAY N � 044lFOF v GIACONE RESIDENCE 270 PARK AVE E)Cr - ::a MATTITUCK,NY 11952 r- r - SCTM#1000-123-8-27 SCALE: PANORAMA PHOTO 2 - FACING WEST FROM REAR OF HOUSE DATE: 05.OL23 2 PHOTO TAHEN-AR-26,2022 DRAWN BY: Z.E.N. SITE PHOTO 2 P-2 is rn of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 07/18/23 Receipt#: 313456 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7829 $1,500.00 Total Paid: $1,500.00 Notes: Payment Type Amount Paid By CK#141 $1,500.00 Nicholson, Zackery Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Nicholson, Zackery 1250 Evergreen Dr Cutchogue, NY 11935 Clerk ID: LYNDAR Internal ID:7829 s Z"b f908b203-bd63-423e-a 024-2db22f103ecd kimf@southoldtownny.gov ( J 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. 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 yard jocated 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, 2-023 Notice of-Disapproval-based on an application-for a permit-to-demolish-(as-perTown-Code-- definition) and reconstruct a single family SOUTHOLD TOWN BD OF APPLS 2 f908b203-bd63-423e-a 024-2db22f103ecd I(imf@southoldtownny.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 for a 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 f908b203-bd63-423e-a024-2db22f103ecd kimf@southoIdtownny.go 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#78345E-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, 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 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_]nspector's August 9,2023,-Notice-of Disapproval based_on an_ application for a permit to construct a new SOUTHOLD TOWN BD OF APPLS 4 y f908b2O3-bd63-423e-aO24-2db22f103ecd I(imf@southoldtownny.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 MII 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 SOUTHOLD TOWN BD OF APPLS 5 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 Henke Rea Printed Name Subscribed and sworn to before me, This 29 day of September 2023 o4v - e7 �G'���'4� ®® y STATE, OF NEW YORK '. s ; NOTARY PUBLIC C :\I.13%NY �+ Notary Public StampS �aaaaraaaa3 sau�����, SOUTHOLD TOWN BD OF APPLS I BOARD MEMBERS $� Southold Town Hall QF (/ Leslie Kanes Weisman, Chairperson O�� Ty�l 53095 Main Road•P:O. Box 1179 Patricia Acampora p Southold,NY 11971-0959 Eric Dantes [ Office Location: Robert Lehnert,Jr. Town Annex/First Floor Nicholas Planamento a� 54375 Main Road(at Youngs Avenue) �yCOMM,� 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, 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 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: 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 for a 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. The Board of Appeals will hear all persons or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review on The Town's Weblink/Laserfiche under Zoning Board of Appeals(ZBA)\Board Actions\Pending. Link: http://24.38.28.228:2040/webiink/Browse.aspx?dbid=0. If you have questions, please telephone our office at(631) 765-1809, or by email: kimfCa southoldtownny.gov. Dated: September 21, 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 ®��guF�o(�c orj Town Hall Annex, 54375 NYS Route 25 o � P.O.Box 1179 C#* Southold,New York 11971-0959 ®y �� 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. Below, please see instructions required to prepare for the ZBA public hearing which includes: PLEASE READ CAREFULLY. 1. Yellow sign to post on your property a minimum of seven(7) days prior to your hearing,to be placed pot 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. Instructions for ZBA Public Hearing Page 2 MAILING INSTRUCTIONS: Please send by SPS Cer-tified-MailReturn Receip the following documents to all owners of property (tax map with property numbers enclosed) vacant or improved, which abuts and any property which is across from any public or private street. We ask that you send your mailings promptly so that if any piece is undeliverable, you can reach out to your neighbors to request their mailing addresses, and re-mail. Mailing to be done by 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@southoldtowna.gov or elizabeth.sakarello satown.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:Hsoutholdtownny.gov/DocumentCenterNiew/9694/TentativeRol12023 IlVIPORTAtiNTI£NSTRT7CTIONS: : > > A N - v: "�� ,- mak.-_ ,fi ,.: '.`� 03 Scan and emailtt>ze S'PS maihngreceipsts, green signaturecards and affidavits to a kimf(a�southoldtownny,.gov; and *'*:gPROMPT'LYLTS'PSMAI'L** thetiORI�GINALStto tlieTtown�ofSouttiold,bZBA;-P:®. Box1179; Soutlidld;NM11=973F� 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. - --- - --- ------ fie__- Please reminded that New York State Law requires the ZBA to follow the aliove-- - - 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 4 Laserfiche Instructions for Zoning Board of Appeals Records � was • � � � � SOOAL MUM -Kn* ca Govcrnmen tvices isititt How Ba I.. dle 4 •., .K TOTOP JLW ,l 9 G P � � Pi's • m' s:`: • �� •:6 ..� �+x:;ter' -+�:?s��:� �✓ Fr9';�'v"4'' 'WAII ��� ^%/-t:r..O� - :iiti rt`'Y,':::�y nis,;;ti.C'�, .5�.,.. •'�/' i;._ y� t\oMe�'•e %.Ma ndaslC' IowriCodo;lr0ulineP exits.'; ,T'"mRecurds,: ;:Fomiir ,.;,> Sign up to r'e%ctic' ;..�: - �-�; .',bSnAutes'• •; •Y• tr ila ,,]yeD!inFlI:aie"A 1E:' `:Fo'm`:iJAp{du!iiioiu; �<.:....,•.,srmt.rw..b. ��._.. �z:r•. _ _ _ '�� Above: Homepage, Click on Link"Town Records"Weblink/Laserfiche Laserfiche W1ebUnk 'dyweoLlnk:'lEtp;Ab—;signo 2 dome Browse Search TowiOfSou*hold TownOfSouthohl Name EntryProperties Town His[Orlan Path T—t— T—iG--goId ..„�Zoning hoard of appeal,(Z'pA) Creation date .. _ __. ... ... .. .. ._. __.. �i5.2074 t'�2,11:.t! Page 2 cf 2 F;rs[ <a 2 i 29 Ertries Last modified 1l;:12Ls% .i%aM Metadata c.F....v-.d-rr,�.x.•.yc+-....or�,.w.e..w><w..�w..a.ti��,.. ,>.m�.:, 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--(ZR-A)folder/link. Laserfiche Instructions ZBA Files Page 2 Laserflche WebLink _ _ Ell 1ayweburik r-WP 1 Ak00t! Slgniwt Home Browse Search rownof5outflod>Zoning Board of Appeals(ZBA) Zoning Board of Appeals Name Page count (ZBA) ;Afpheb-hl Index 7 2 Entry Properties Board Act— �,�La—khe Search Guides Path !Me.vng Schedules r.0 " Soutt?oldt7ontrtg°car of Ap.-Rzls(ZBA) MmutevAgendavLegal Not¢estHe-rigs Creation date u Penamg 711.0l2W'.12:17:1 f**PAS . Last modified 5:212077 i'.:OT.Sd ANt iJ Special Event Permits 1;,t Trairi ng Requirements ZBA OYcfals 2 MetadaLa ZRA Ponces "!0 mP.t?1,'112�KSfzy+iM ;�E.c t1ons List Code 280-1GC M 7 ;,f Jurisdiction Listing _ 'i2 ZBA aookaf Mapped 1977 Ensting Lots 139 ocedurePewltt :grJtyh7yp.p.smnlsdsoZ J eufk Schedu;es 5 Agreements,COMrads Sleases Page I of 1 14 Entries Above: Listed are types of records under ZBA Folder. ZBA Decisions can be found under Board Actions. Click on `Board Actions"folder to open. Laserflche WebLink _i. My•.vebumc i Fe:P'Abort SignClt Home Browse Search Tc vnorSouthole>Zoning So-rd of Appeals(ZBA1>Board AMOM Name Page Tm1pIAlp name , Board Actions count 1''957-1979 2 EntryProperties ".980-1999 Path �O 2000 iow:70f5cuaea1C.21.v:i^.g beard .Ap{;p•;,F�y lifiSiiPtY'nS& Gil. 2001 Creation date 2002 7i 1CU?tNtl 7?:21:i Phi 2003 Last modified ,�2004 3:2&:20;7 f t 36:07 AJM - In 20GS 2 Metadata 02006 ' 2007 ?r�metadara assti,ned l zoos -009 2010 N!VP'P-rme.w'Usr3 j ,J 2011 2012 v 2013 t 2013 2015 2016 2017 f7 Pending ..... ............ _.-.... ................_.. ...... ... ... ........ ....... ..... _. .. ......,. . ..... _...........,. ....._....... ..... .... ....... __... +n beaah'�necrn+rhe+L'hi''P•P'rmrx.lkes2. o��a 7,.i r �.�_.___ --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 j, C)]pp9 68 Board Kdanf � -d Kdans luYmodi6ed �rote r5 ..d-x 11-5 IC,9 Sp -d— so Board-1 1791! 59 -d Koons 75 ..d C]ay 33`, aaartlacf'ax se —d—s raiz 718 5KLanl — ;as Is —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 M Home Browse Search Ciisl.rSearch Sort results by: Relevance Records Management Search 7016 Reid-- Board ACoons-83 page(s) Choo.50d 7] Pagecount:83 Template name:BoardAC(Ions Reset Dage 3-Colin and Kristen Cashel PROPERTY LOCATION:162 Lower Shingle Hill.Fisher page 1 19.2017;7016.Cashel SUM No.100641-26 minimus approval to remn, Page 5...y 19.2017 a7016.Cashel SCTNI No.10069.1-26 GRANT.the variances as Search terms Da e 9 COU N&KRISTEN CASHEL SECTION 009 BLOC... Page 20.-Thomas Ahlgren(Casher).PO Box 342 Fishers Island,NY... Show more information 7018 Board Actions-56 page(s) Page count:56 Template name:Board Actions Page d8 9:30 A.M.-COLIN CASHEL AND VarlarCes under Article W.Secoon ANN_ Page 40.-ame(5)KRISTEN CASHEL#7016-Request proposed trellis located in other tha Show More mfoirn.tion-- 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--l-1. Laserfiche Instructions ZBA Files Page 4 Laser fiche WebLink Home Browse Search To OfSeuthoid>Zoning Board of Appeals(ZBA) Mtnutes/Agendas/Lega)Notices/Hearings Minutes/Agendas/Legs{ ,.Name.... -. vage count,. _ _ _ _ _ _ _ Template nime•; 1�/';r % --' .,.`�>r-y Notices/Hearings 1,.�. 1957-1979 A EntryProperties .7 1960.1999 r�2000.2009 Path 2010 - TtnVnOY�at2hd.31ZOn64q Board of Appdls 11 ;�BAQ.Mmut�l:tgendav�ec„3t Nolicesrrie-:-, s ]2012 - - - - - Creation date 2073 7110,"1001 257:40 PM f]` 2014 Last modified i:l 2015 --1 2016 2 Metadata tj 2017 NO metadata assgned Page 1 of 1 I Entt wrv.M+� � a-a-.-.c.-. qc,-.•'.wr,ai-as c.ron r.:s taas2az•.Baa„•....a Above:Also, Minutes,Agendas, and Hearing Transcripts can be viewed. Laserflche WebLink MyWebunl,I Help I About 1 Home Browse Search Ti—nOfSouthold-Zoning Board of Appeals(ZBA)>Minutes/Agendas/Legai Notices/Heanngs>2017 2017 Name Pagecount ,Template name ZBA-01!05/2077 7 2 Entry Properties ZBA-01.0512017 Agenda Path ZBA-0110512017 Nearing 40 TownOfSouthoid\Zonmg Board ZBA-01/05.2017 LN 3 Of Appedl5 (Z3A)1l4jnuteVAgendas'Leaga1 >1 ZBA-01/19.2017 2 NOuceS Heanngs1201 7 ZBA-0117912077 Agenda - Creation date 12/1 6f201 6_.15:14 RM d ZBA-02'02/2017 7 Last modified ZBA-02!022017 Agenda 4 6!19/7.0174:53:59 PKI ZEA-0210212017 Hearin 45 2 Me[ddatd ,j ZBA-02!022017 LN 3 ZBA-02116/2017Agenda 3 No metaddtd assigned ZBA-02/16!2077 Speoal 3 :came&Resin ZBA-03102/2017 7 .rtJheald✓pap-smeaf.Uses2 �ZBA-031022017 Agenda 4 ZBA-03/0212017 Hearing 65 ZBA-03:02!2017 LN 3 MA-031162017 Agenda 3 .�.ZBA-0311612017 Speoal 3 Z3A-WOG/2017 5 _j ZBA-0•V06/2017 Agenda 4 .m ZBA-04/06/2017 Hearing 45 Above: Agendas, Minutes and Transcripts are in chronological order. �+It,rTl �, UF : The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: "he application will also be available VIA ZOOM WEBINAR= Follow linkmhttp://southoldtownny-gov/calendar FAME : GIACONE., NICHOLAS & MICHAEL #7829 sCTnn #: 1000- 123-8-27 ' VARIANCE : INCREASE IN NON-CONFORMITY 1 ,EQUESTm. LEGALIZE "AS BUILT" FRONT PORCH AND REAR DECK TO EXISTING SEASONAL DWELLING SATE : THURS . OCT 59 2023 100040 AM You may review the file(s) on the town's website under Town RecordslWeblink: ZBAIBoard kctionslPending. ZBA Office Telephone (631 ) 765-1809 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS Appeal No. SOUTHOLD, NEW YORK AFFIDAVIT OF In the Matter of the Application of: MAILINGS (Name of Applicant/Owner) Z?a FF &C Avb Ex-f -MIN- -TOCt W1 105 7!M No. 1000- (Address of Property) (Section, Block & Lot) COUNTY OF SUFFOLK STATE OF NEW YORK I, ( ) Owner, (#v-00) Agent ZACKMAY' All"AX40A.) residing at /Z1510 PA. — CV XW09112r New York, being duly sworn, deposes and says that: On the ZV4 day of SC-Pr , 2023, I personally mailed at the United States Post Office in CVTGamwir ,New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll Verified from the official records on file with the (/�Assessors, or ( ) County Real Property Office, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. (Signature) Sworn to before me this TRACEY L. DWYER & day of 5MMbe r , 20'22) NOTARY PUBLIC,STATE OF NEW YORK NO.0rDws3069W J�q -M4 OUALIFIED IN SUFFOLK COUNTY COMWSSION EXPWS JUNE 30,2_a 1p (N t ry ublic) ---- --- --- -- PLEASE list on the back of this Affidavit or on a sheef of- aP er t e of - num ers next p -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. .„armybxKGaamntco:PmomaSfrwtursuenrem tadtsw'na.tdD5P5sPrL_,�r�Pross° IIIIIUIC�IIUIII61111111IIIII�IJIIIIIII�111'IiICIIhIf�IIIII�IIII : •; exp n"10:4.On or aa'o+o dor spaafrd dePostt�na tba Pos!aSeni�ania de vcraa".ocrpr de6vcrybthe ad:;c:aeoaaatct be!aro mo ctq'.ratr'odra'crydato and 4•no.laa»a mayrrgvesiva - El 571 148•°065 US ,{ a�:essoa."stanaturOtt d'a oddressCoupxfde'reryaftimitemtryehttHryms'sojna:ura r _ "da'umorits�tosde1ne b Pos2at kid^maty.' rcry§cd'Uoz at Uoltma otnu arf.gtrm Posh ISensro dors wide w,Ct oCca.�tdetnerr ey oio' t . 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E1571148065US Copy Ades to infori-nod Delivery Delivered Scheduled Delivery by Delivered,In/At Mailbox DELMAR,NY 12054 TUESDAY September 26.2023,12;13 pm 26 September by • Out for Delivery 2023 0 6:00pmr0' DELMAR,NY 12054 September 26,2023,6:57 am Your item was delivered in or at the mailbox at 12:13 pm on September 26,2023 in DELMAR,NY 12054.Waiver of signature • Arrived at Post Office was exercised at time of delivery. DELMAR,NY 12054 September 26,2023,6:16 am Get More Out of USPS Tracking: y • USPS Tracking PIusS'' Departed USPS Regional Facility WD NY DISTRIBUTION CENTER September 25,2023,10:09 pm • Arrived at USPS Regional Origin Facility 1,1113 NY DISTRIBUTION CENTER TRACKING INFORMATION FOR: September 25.2023,6:03 pm GIACONE PHILLIP J JR GIACONE BARBER CATHERINE • USPS in possession of item 115 MOSHER RD CUTCHOGUE,NY 11,935 DELMAR, NY 12054 September 25,2023,1:05 pm TAX MAP #1000-123-8-28.1 • Hide Tracking History GIACONE RESIDENCE 270 PARK AVE EXT MATTITLICK, 11952 1000-123-8-27 Moneyback Guarantee: the mailer submits an item at a designated USPS"Priority Mail Express® b I IIIIIII VIII IIII VIII ILII VIII VIII VIII VIII VIII(IIII IIII II acceptance location on or before the specified deposit time,the Postal Service will deliver or attempt I IIIIII(I IIII delivery to the addressee or agent before the applicable delivery date and time.Mailer may request the E I 5 71 14 8 065 U S addressee's signature from the addressee upon delivery of the item by checking the"signature required"box at the time of mailing.If the Postal Service does not deliver or attempt delivery by the specified time and the mailer files a valid claim for a refund,the Postal Service will refund the postage, 3.The Postal Service insures"nonnegotiable documents"(as defined by postal indemnity unless an exception applies.See Mailing Standards of the United States Postal Service,Domestic Mail regulations)against loss,damage,or missing contents up to$100 per mailpiece for document Manual(DMM11)604.9.5.5 which is available at pe.usps.com. reconstruction,subject to additional limitations for multiple pieces lost or damaged in a single catastrophic occurrence.Document reconstruction insurance provides reimbursement for the — reasonable costs incurred in reconstructing duplicates of nonnegotiable documents mailed. Document reconstruction insurance coverage above$100 per mailpiece is not available.The / mailer should not attempt to purchase additional document insurance,because additional document insurance is void. 1 4.The Postal Service insures"negotiable items"(defined by postal regulations as items that can be converted to cash without forgery),currency,or bullion up to a maximum of$15 per mailpiece. 5.The Postal Service does not provide coverage for consequential losses due to loss,damage, or delay of Priority Mail Express items or for concealed damage,spoilage of perishable items, / and articles improperly packaged or too fragile to withstand normal handling in the mail. Coverage,terms,and limitations are subject to change.For additional limitations and terms of i coverage,consult the DMM,which is available at pe.usps.com. Indemnity Claims(Loss,Damaged or Missing Contents):Either the mailer or the addressee Note:The Postal Service does not offer money-back guarantee for military or DPO shipments delayed may file an indemnity claim for loss,damaged or missing contents.The claimant may submit the due to customs inspections or the item was destined for an APO/FPO/DPO that was closed on the claim online at usps.corn,or by mail;for more information see Publication 122,Domestic Claims, intended day of delivery or the delay was caused by one of the situations in DMM 604.9.5.5.Consult Customer Reference Guide.The timelines for claims are as follows:claims for loss—no sooner USPS.com@ or your local Post Office for information on delivery commitments and Priority Mail than 7 days but no later than 60 days after the date of mailing;claims for damage or missing Express Military Service(PMEMS).For details,see DMM 703.2.6,which is available at pe.usps.com. contents—immediately but no later than 60 days from the date of mailing.Retain the original USPS retail receipt or eReceipUelectronic receipt for claims purposes.For claims involving When a mailer submits a Priority Mail Express item requiring a signature and the Postal Service cannot damage or missing contents,also retain the article,container,and packaging for Postal Service deliver the item on the first attempt,the Postal Service leaves a notice for the addressee, inspection when requested. If the addressee does not claim the item within 5 calendar days,the Postal Service returns the item to Refund of Postage and Fees(Service Performance):If delivery of a Priority Mail Express the sender at no additional charge. (PME)item does not meet the scheduled delivery commitment(s),online and commercial customers may submit a refund request by visiting USPS.com.Retail customers may submit a Insurance coverage:The Postal Service provides insurance only in accordance with postal refund request either online at USPS.com or at retail locations.Refund requests for postage must regulations in the DMM,which is available at pe.usps.com.The DMM sets forth the specific types of be submitted no sooner than 2 days and no later than 30 days from the date of the mailing;Extra losses that are covered,the limitations on coverage,terms of insurance,conditions of payment,and Services fees refund requests must be submitted no sooner than 30 days and no later than 60 days adjudication procedures.Certain items are not insurable.The DMM consists of federal regulations,and from the date of mailing.Each tracking number can only be submitted once for all applicable refunds. USPS personnel are not authorized to change or waive these regulations or grant exceptions.A mailer Refund requests for PME or PME with Extra Services must be combined into a single submission. who requires information on Priority Mail Express insurance may contact the Postal Service before submitting an item.Limitations prescribed in the DMM provide,in part,that: Thank you for choosing Priority Mail Express service. 1.Insurance coverage extends to the actual value of the contents at the time of mailing or the cost of repairs,not to exceed the insured limit for the item. Tracking:For USPS Tracking,scan the OR Code below or go to USPS.com orcall 800.222-1811 2.The Postal Service insures the contents of Priority Mail Express"merchandise"items(with 7 "merchandise"defined by postal regulations)against loss,damage,or missing contents.The Postal Service includes coverage up to$100 per mailpiece at no additional charge.Additional merchandise insurance up to$5,000 per mailpiece may be available for purchase.Additional ■ insurance for Priority Mail Express items is not available unless a signature is required. ■ EI 571 148 065 US Priority Mail Express tracking number LABEL11-B MAY2021 PSN 7690-02-000.9996 77 a . � I�IIIIL01�I��IIaI�II�ICII�tdEII�CllllQ , dWainririmrtecraoprA6enrM�EarraYd+m orrymp+onOd' ES i?3 146 O51 US - e ,�,y�■n,xanne.aa.wemanmaraawe�n ur' v,. ., „. _ i 'taadcemeapeaw.dmaq:ww?cr+tsn+adonrd aaangeewarMp•:-'„ iiroeorys�m+ms„rir 'slnaowry` nr�r 4ouNapnraw+na4wn■+vaac6�YnMaroW.MemmsrNw,aMrdsra =,t,+rpt !ms.aanwwaMS�^swrcraxwmstoawW�acam�am +' yrygM�h' Se3AW9`�°tlYMMG>ied&�w1A.rta'SaiLa.lkuas�ex'a! .� ,�,cippgmtlOfau7xYsitautartM�apeFwh+tut��txe � OwRadBannuaonbWNpF��� 1.;'..r ;5 rAAOxxwtnrsAOtNrav■ t �n�x tpmeanlq WUMxb.P ad^"a"" 'i�r°°u","b'reE'A.- ,/y'�� '', '' yr ^*d y,x'�tS�, PaathtNocnoarpo■Daa3100Prtr> aprMMsdrtfia � . ,� mtai�m7dl�alrMbPoawH�aWtli�endV.becwMOO�nW � _ -i •A.71rPart5aedaY4una {do6rdbPstlw�waXar+iiaansbrnn' C,aawmabamtiYaa amsy aa�sm�ntmn.'v�++axlsaein�U�Om•' ,� ' 3 Q77proUJtsaMamewwacorp�ro�mNwwdwnae.cams., a - 'ff dPkftllA�lraP,ataM . Mr'.A.ntiW�7, w ei Rm'1* ZZ, aaraWlnakmmd t 'warmruoarw.uzeaa. mw rr..a41 ' ' 'r#aG- .' :,ra'tim Gpsr ,Nitwdpal�ndar`,ris tb(u'R.PamI6aYamr9aallrma'IYbW�y�R4 " Mtl+k1s■ diaaAn/Yapta�M1agnaukbrgpro4damY�neP@EmMa�t22, ails .,a, Gam UM RM■mwEwN10 ■9 tlwwdadatM' p�yrlNkw�a�RTM1ir.WwBxrlY�enrN�T�t4iaafamw noaaan , , „bow.wfaxSc«.0 Mn3daewrow+e!meaaepcurb■awdmanamr.ia rnpatar6g eadPdeRixLM .tbrinorwaw+m�yyxaCMcdaa��a- '� ti�riMMM3t��iwl a,r. -O �m � mi s�.roWnpdMa Mm�nlrmrWt'tmy -toru a ., , 5�§t+tenprtanr e_ ♦, s9ra argil dra,0ag� .. t;�tri'w'2t 'b'A' a '; '. : no R■� aaxm+a.: , rnn nasY�iro:,a.axwte.w.rnaanar"A.aa+noo"rxr .'-pv-Mm»Y�Pmw? nna 5'arawi w1*Wswdaa aa. rweaM�+aerih«r +'b ' ,a �r6wartlmwroa+aw®r. 11 NO a..1 /Ar^�ro7Toly� �'eWaNaiWaraYs■S�: _ Ay- ifM,•f�IMiN U9;sMLnyYY�j AJaidrlRP�P^oa ,nattravew++w■x MN>.8N*k+ w�w�,n.actaa'ia r .g»7�sy1�+2�r+ai rww2tmwa�awolrar.�,x.�tn ,o^.^ •.. nM %ia�Y Yap�wLy!r+ i"'-- iaalb. ronb+!aaifOaA++odrm xw,� , rr M. � '�— _ ra"'M !kms �unaS1lrzAiAladanmAry :�'� n _ - � 2'll � teaxraai a i pl�arirWri.,?,�-: as+ QH Orn aoteDOvrttOH ftp'. s 5 q'8 1]5y S a s a w rws,araaaw Tracking Number. E1571148051 US Copy , Add to Informed Delivery Delivered to Agent Scheduled Delivery by Delivered to Agent far Final Delivery NRV YORK,NY 10008 TUESDAY September 26,2023,8:04 am by 26' SepteOmber _ �� fTlO • Available for Pickup 2023 P CHURCH STREET 90 CHURCH ST FL 1 Your item has been delivered to an agent for final delivery in NEVA YORK NY 10007-9998 NEIN YORK,NY 10008 on September 26,2023 at 8:04 am. M-F 0800-1700;SAT 0800-1200 Septembar 26,2023,&43 am Get More Out of USPS Tracldng: • Arrived at Post Office USPS Tracking Ptusc NaV YORK,NY 10007 September 26,2023,6:35 am • Arrived at USPS Facility NEWYORK,NY 10007 September 26,2023,5:20 am • Departed USPS Regional Facility NE4V YORK NY DISTRIBUTION CENTER September 26,2023,4:56 am • Arrived at USPS Regional Facility NEIN YORK NY DISTRIBUTION CENTER September 26,2023,1:03 am • Departed USPS Regional Facility TRACKING INFORMATION FOR: MID NY DISTRIBUTION CENTER POWERS KRISTEN M 2013 TRUST September 25,2023,10.09 pm C/O KELLEY DRYE & WARREN LLP • Arrived at USPS Regional Facility ATTN: JEFF KATZ MID NY DISTRIBUTION CENTER 175 GREENWICH ST FL 67 September 25,2023,8:03 pm NEW YORK, NY 10007 • USPS in possession of item TAX MAP #1000-123-8-26.1 September 25,223,1 07 pm GIACONE RESIDENCE 270 PARK AVE EXT MATTITUCK, 11952 1000-123-8-27 I Money-back Guarantee:If the mailer submits an item at a designated USPS°Priority Mail Express° I IIIIIII VIII IIII full VIII VIII IIII(IIII VIII VIII Iilll IIII IIIIIIII II IIII acceptance location on or before the specified deposit time,the Postal Service will deliver or attempt delivery to the addressee or agent before the applicable delivery date and time.Mailer may request the EI 571 148 051 US addressee's signature from the addressee upon delivery of the item by checking the"signature required"box at the time of mailing.If the Postal Service does not deliver or attempt delivery by the 3.The Postal Service insures"nonnegotiable documents"(as defined by postal indemnity specified time and the mailer files a valid claim for a refund,the Postal Service will refund the postage, regulations)against loss,damage,or missing contents up to$100 per mailpiece for document unless an exception applies.See Mailing Standards of the United States Postal Service,Domestic Mail reconstruction,subject to additional limitations for multiple pieces lost or damaged in a single Manual(DMM°)604.9.5.5 which is available at pe.usps.com. catastrophic occurrence.Document reconstruction insurance provides reimbursement for the reasonable costs incurred in reconstructing duplicates of nonnegotiable documents mailed. Document reconstruction insurance coverage above$100 per mailpiece is not available.The mailer should not attempt to purchase additional document insurance,because additional document insurance is void. 4.The Postal Service insures"negotiable items"(defined by postal regulations as items that can be converted to cash without forgery),currency,or bullion up to a maximum of$15 per mailpiece. 5.The Postal Service does not provide coverage for consequential losses due to loss,damage, or delay of Priority Mail Express items or for concealed damage,spoilage of perishable items, and articles improperly packaged or too fragile to withstand normal handling in the mail. Coverage,terms,and limitations are subject to change.For additional limitations and terms of coverage,consult the DMM,which is available at pe.usps.com. Indemnity Claims(Loss,Damaged or Missing Contents):Either the mailer or the addressee Note:The Postal Service does not offer money-back guarantee for military or DPO shipments delayed may file an indemnity claim for loss,damaged or missing contents.The claimant may submit the due to customs inspections or the item was destined for an APOIFPO/DPO that was closed on the claim online at usps.com,or by mail;for more information see Publication 122,Domestic Claims, intended day of delivery or the delay was caused by one of the situations in DMM 604.9.5.5.Consult Customer Reference Guide.The timelines for claims are as follows:claims for loss—no sooner USPS.comOO or your local Post Office for information on delivery commitments and Priority Mail than 7 days but no later than 60 days after the date of mailing;claims for damage or missing Express Military Service(PMEMS).For details,see DMM 703.2.6,which is available at pe.usps.com. contents—immediately but no later than 60 days from the date of mailing.Retain the original USPS retail receipt or eReceipUelectronic receipt for claims purposes.For claims involving When a mailer submits a Priority Mail Express item requiring a signature and the Postal Service cannot damage or missing contents,also retain the article,container,and packaging for Postal Service deliver the item on the first attempt,the Postal Service leaves a notice for the addressee. inspection when requested. If the addressee does not claim the item within 5 calendar days,the Postal Service returns the item to Refund of Postage and Fees(Service Performance):If delivery of a Priority Mail Express the sender at no additional charge. (PME)item does not meet the scheduled delivery commitment(s),online and commercial customers may submit a refund request by visiting USPS.com.Retail customers may submit a Insurance coverage:The Postal Service provides insurance only in accordance with postal refund request either online at USPS.com or at retail locations.Refund requests for postage must regulations in the DMM,which is available at pe.usps.com.The DMM sets forth the specific types of be submitted no sooner than 2 days and no later than 30 days from the date of the mailing;Extra losses that are covered,the limitations on coverage,terms of insurance,conditions of payment,and Services fees refund requests must be submitted no sooner than 30 days and no later than 60 days adjudication procedures.Certain items are not insurable.The DMM consists of federal regulations,and from the date of mailing.Each tracking number can only be submitted once for all applicable refunds. USPS personnel are not authorized to change or waive these regulations or grant exceptions.A mailer Refund requests for PME or PME with Extra Services must be combined into a single submission. who requires information on Priority Mail Express insurance may contact.the Postal Service before submitting an item.Limitations prescribed in the DMM provide,in part,that: Thank you for choosing Priority Mail Express service. 1.Insurance coverage extends to the actual value of the contents at the time of mailing or the Tracking:For USPS Tracking,scan the OR Code below or go to USPS.com orcall 800-222-1811 cost of repairs,not to exceed the insured limit for the item. 2.The Postal Service insures the contents of Priority Mail Express"merchandise"items(with "merchandise"defined by postal regulations)against loss,damage,or missing contents.The Postal Service includes coverage up to$100 per mailpiece at no additional charge.Additional merchandise insurance up to$5,000 per mailpiece may be available for purchase.Additional insurance for Priority Mail Express items is not available unless a signature is required. EI 571 148 051 US I�t� k-4 Priority Mail Express tracking number LABEL11-B MAY2021 PSN 7690.02.000-9996 7 3 a:10��U 1 dcicryfolha ad b0ofol 5 � � P, calast C --d 141, carsr "60"'Rg z (t-';10 to V4'A Ar4an;==. Cc'I or ftslng 64Mts);i"17arm r4av wto cfaYnffl PITI Note-Thop" an-Sftwom DMIA Gu-q U,CW.Vt' am reolly "ts USPS 4 1 0 t -qi M2 M ft W f Prgnty Ex rc,;s edn M4u 1 11=11`34 is ffv 1�01 . =rt. WAikm PW-51 Aoretunds. ,, W PUE"P== .aartir:+yaaitcm:tMxUlxnxMew�LedlathsDftMPlmido, Pad: _ - - 7 Pdq14'M0"4XPrq4tra0qn4 nFl!Dr Tracking Number. E1571148082US Copy t'Add to informed Delivery 0 Delivered Scheduled Delivery by Delivered,PO Box SOUTHOLD,NY 11971 TUESDAY September 26,2023,10:46 am by- eple ber :00 Available for Pickup 0.,(3 , 2623- 6OM(D SOUTHOLD 710 TRAVELER ST Your item has been deliyered and is available at a PO Box at SOUTHOLD NY 11971-1000 10:46 am on September 26,2023 in SOUTHOLD,NY 11,971. M-F 0900-1700:SAT 0900-1300 Waiver of signature was exercised at time of delivery. September 26,2023,10:16 am Arrived at Post Office Get More Out of USPS Tracking: SOUTHOLD,NY 11971 USPS Tracking Plus5 September 26,2023,7:30 am Departed USPS Regional Facility MID NY DISTRIBUTION CENTER September 25,2023,11:59 pm Arrived at USPS Regional Facility MID NY DISTRIBUTION CENTER September 25.2023,6:02 pm TRACKING INFORMATION FOR: I TOWN OF SOUTHOLD USPS in possession of item PO BOX 1179 CUTCHOGUE,NY 11935 SOUTHOLD, NY 11971 September 25,2023,1:04 pin TAX MAP #1000-123-3-28 • Hide Trecidng Hirtory GIACONE RESIDENCE 270 PARK AVE EXT MATTITUCK, 11952 1000-123-8-27 Money-back Guarantee:If the mailer submits an item at a designated USPS®Priority Mail Express° l acceptance location on or before the specified deposit time,the Postal Service will deliver or attempt I IIIIIII VIII IIII VIII VIII VIII VIII VIII VIII IIII II II IIII IIIIIIII II IIII delivery to the addressee or agent before the applicable delivery date and time.Mailer may request the E 2 5 71 14 8 082 U$ addressee's signature from the addressee upon delivery of the item by checking the"signature required"box at the time of mailing.If the Postal Service does not deliver or attempt delivery by the specified time and the mailer files a valid claim for a refund,the Postal Service will refund the postage, 3.The Postal Service insures'nonnegotiable documents"(as defined by postal indemnity unless an exception applies.See Mailing Standards of the United States Postal Service,Domestic Mail regulations)against loss,damage,or missing contents up to$100 per mailpiece for document Manual(DMM9)604.9.5.5 which is available at pe.usps.com. reconstruction,subject to additional limitations for multiple pieces lost or damaged in a single catastrophic occurrence.Document reconstruction insurance provides reimbursement for the reasonable costs incurred in reconstructing duplicates of nonnegotiable documents mailed. Document reconstruction insurance coverage above$100 per mailpiece isnot available.The mailer should not attempt to purchase additional document insurance,because additional document insurance is void. s 4.The Postal Service insures"negotiable items`(defined by postal regulations as items that can be converted to cash without forgery),currency,or bullion up to a maximum of$15 per mailpiece. 5.The Postal Service does not provide coverage for consequential losses due to loss,damage, or delay of Priority Mail Express items or for concealed damage,spoilage of perishable items, and articles improperly packaged or too fragile to withstand normal handling in the mail. Coverage,terms,and limitations are subject to change.For additional limitations and terms of coverage,consult the DMM,which is available at pe.usps.com. Indemnity Claims(Loss,Damaged or Missing Contents):Either the mailer or the addressee Note:The Postal Service does not offer money-back guarantee for military or DPO shipments delayed may file an indemnity claim for loss,damaged or missing contents.The claimant may submit the due to customs inspections or the item was destined for an APO/FPO/DPO that was closed on the claim online at usps.com,or by mail;for more information see Publication 122,Domestic Claims, intended day of delivery or the delay was caused by one of the situations in DMM 604.9.5.5.Consult Customer Reference Guide.The timelines for claims are as follows:claims for loss—no sooner USPS.com@ or your local Post Office for information on delivery commitments and Priority Mail than 7 days but no later than 60 days after the date of mailing;claims for damage or missing Express Military Service(PMEMS).For details,see DMM 703.2.6,which is available at pe.usps.com. contents—immediately but no later than 60 days from the date of mailing.Retain the original USPS retail receipt or eReceipt/electronic receipt for claims purposes.For claims involving When a mailer submits a Priority Mail Express item requiring a signature and the Postal Service cannot damage or missing contents,also retain the article,container,and packaging for Postal Service deliver the item on the first attempt,the Postal Service leaves a notice for the addressee. inspection when requested. If the addressee does not claim the item within 5 calendar days,the Postal Service returns the item to Refund of Postage and Fees(Service Performance):If delivery of a Priority Mail Express the sender at no additional charge. (PME)item does not meet the scheduled delivery commitment(s),online and commercial customers may submit a refund request by visiting USPS.com.Retail customers may submit a Insurance coverage:The Postal Service provides insurance only in accordance with postal refund request either online at USPS.com or at retail locations.Refund requests for postage must regulations in the DMM,which is available at pe.usps.com.The DMM sets forth the specific types of be submitted no sooner than 2 days and no later than 30 days from the date of the mailing;Extra losses that are covered,the limitations on coverage,terms of insurance,conditions of payment,and Services fees refund requests must be submitted no sooner than 30 days and no later than 60 days adjudication procedures.Certain items are not insurable.The DMM consists of federal regulations,and from the date of mailing.Each tracking number can only be submitted once for all applicable refunds. USPS personnel are not authorized to change or waive these regulations or grant exceptions.A mailer Refund requests for PME or PME with Extra Services must be combined into a single submission. who requires information on Priority Mail Express insurance may contact the Postal Service before submitting an item.Limitations prescribed in the DMM provide,in part,that: Thank you for choosing Priority Mail Express service. 1.Insurance coverage extends to the actual value of the contents at the time of mailing or the cost of repairs,not to exceed the insured limit for the item. Tracking:For USPS Tracking,scan the QR Code below or go to USPS.com orcall 800-222-1811 2.The Postal Service insures the contents of Priority Mail Express"merchandise"items(with ❑7. "merchandise"defined by postal regulations)against loss,damage,or missing contents.The ■ ■ Postal Service includes coverage up to$100 per mailpiece at no additional charge.Additional merchandise insurance up to$5,000 per mailpiece may be available for purchase.Additional insurance for Priority Mail Express items is not available unless a signature is required. EI 571 148 082 U S Priority Mail Express tracking number LABEL11-B MAY2021 PSN7690.02.000-9996 I! so TOWN OF SOUTHOLD ZONING BOARD OF APPEALSiq�� SOUTHOLD, NEW YORK AFFIDAVIT OF In the Matter of the Application of: POSTING Z AU&2Y` � MI C46"OPJ, RECEIVED (Name of Applicants) SEP 2 7 2023 COUNTY OF SUFFOLK Zoning Board of Appeals STATE OF NEW YORK .............................................. I, Z�'4CKG y e. MACl"0A-) residing at /ZS"o �yG'iPl2Ci�✓ /.7lZ, 69T0,C 04 L)6- _,New York, being duly sworn, depose and say that: I am the ( ) Owner or (/Agent for owner of the subject property On the day of 5F;KgM13C1L , 20 23, I personally placed the Town's Official Poster on subject property located at: 7,37 p PKIC AVO 6)(f. ►A IATZ'i TUCK Wt I The poster shall be prominently displayed on the premises facing each public or private street which the property involved in the application or petition abuts, giving notice of the application or petition, the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall be setback not more than 10 feet from the property line. The sign shall be displayed for a period of not less seven days immediately preceding the date of the public hearing of GG'tn 86yZ. ��— { (Owner/Agent VVVVVVSignature) th , 20 a3 Sworn to before me this a Day of — --- - –-- ---- - ----- ------- -------- - ---- -- ------- --- ---- --- ---- --- (Notary Pub i TRACEY L. DWYER NOTARY PUBLIC,STATE OF NEW YORK NO.01 OW63a6900 QUALIFIED IN SUFFOLK COUNTY COMMISSION EXPIRE$JUNE 30,20^�1(o TL L T t 1 T r 1 � 1 S r — . 47 4 �c GIACONE RESIDENCE 270 PARK AVE EXT MATTITUCK, 11952 1000-123-8-27 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson �OF so 53095 53095 Main Road•P.O. Box 1179 Patricia Acampora ��� alp Southold,NY 11971-0959 Eric Dantes #tt Office Location: Robert Lehnert,Jr. ac Town Annex/First Floor Nicholas Planamento �Q 54375 Main Road(at Youngs Avenue) �lfiCOU � Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS July 14, 2023 TOWN OF SOUTHOLD Ms. Sarah Lansdale, Director Tel. (631) 765-1809 Suffolk County Department of Planning P.O. Box 6100 1 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 #: 7829 Owner/Applicant: Giacone, Michael & Nicholas Action Requested: legalize "as built" front porch and rear deck to existing seasonal 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 Chairperson By: �4�AMZNU"�� Encls. Site Plan/Survey: Zackery E. Nicholson, Architect, dated March 20, 2023 BOARD MEMBERS QF $®(/ Southold Town Hall Leslie Kanes Weisman, Chairperson �� �ifp® 53095 Main Road•P.O. Box 1179 Patricia Acampora �® �® Southold,NY 11971-0959 Eric Dantes88 Office Location: Robert Lehnert, Jr. Town Annex/First Floor ® Nicholas Planamento 54375 Main Road(at Youngs Avenue) ® a C®UNTY, Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 July 14, 2023 i Mark Terry, Assistant Town Planning Director RECEIVED{ LWRP Coordinator JUL 14 2023 Planning Board Office Town of Southold Southold Town Town Hall Annex Planning Board Southold,NY 11971 Re: ZBA File Ref. No. 97829-Giacone, Michael &Nicholas Dear Mark: We have received an application to legalize "as built" front porch and rear deck to existing seasonal 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 268-51) is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairperson � Encl. -- - - --SitePlan/Survey:-Zackery ENicholson,-Architect, dated-March 20, 2023--- — -- - --- — --- Public hearing date-October S, 2023 BOARD MEMBERS ®� SOS 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 Lennert, Jr. C' 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 October 24, 2023 Tel. (631) 765-1809 Zackery E.Nicholson, R.A. 1250 Evergreen Drive Cutchogue,NY 11935 RE: ZBA Appeal#7829, Giacone 270 Park Avenue,Ext. Mattituck SCTM No. 1000-123-8-27 Dear Mr.Nicholson; 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 ZEN DESIGN DOVALISAPPR -' 1250 EVERGREEN DRIVE CUTCHOGUE, NY 11935 3 PHONE: 631.513.6589 A-1 NOTES: .-----------------------------------------------------------------------------. • ALL FRAMING IS PRESSURE TREATED. 15-11 • METAL JO'ST HANGERS OR STRAPPING , 1 AT EACH JOIST CONNECTION. 1 1 i These plans are copyrighted and are subject to copyright -- -- —STRINGERS i protection as an"architectural work"under Sec.102 of the Copyright Act,17 U.S.O.as amended December 1990 and known -- -- 2X6 SUPPORT JO'STS WITH ; 00 as Architectural Works Copyright Protection Act of 1990.The 2X6 RIM JOIST ABOVE M EXISTING DECK STEPS protection Includes but Is not limited to the overall form as well I 2x6 RIM JOIST i 1 as the arrangement and composition of spaces and elements of 1 design.Under such protection,unauthorized use of these plans, —4x4 WOOD POSTS work or home represented,can legally result In the cessation of construction or buildings being seized and/or monetary compensation to ZEN DESIGN LLC. 2x6 SUPPORT JOISTS 1 REAR DECK , 1 - 1 -- BLOCK BRIDGING BETWEEN JOISTS ti NO. ISSUE DATE 1 1 -- -2x6 WOOD JOISTS 16" O.C. i— LINE OF EXISTING DECK 1 , 7'-6"x 15'-11" 01 TRUSTEES APPLICATION 04.14.22 /-2x6 LEDGER ; 02 DEC APPLICATION 05.29.22 -" HOUSE ABOVE ON 6x6 WOOD POSTS I03 TRUSTEES APPLICATION #2 12.04.22 ---------------------------------------------------------------- - ----------' 04 AS BUILTS FOR CO 01.30.23 DECI( FRAIMAING PLAN J EXISTING SINGLE STORY FRAME — - RESIDENCE-UNCHANGED 'GRED A4'C 4 N� 1Z 4x4 PRESSURE TREATED s 4T 044423 ,i0�� POST ON 4x4 WET ANCHOR 2 OF N E\N BASE.ON 8" DIA SONOTUBE A-1 PIER WITH(3)#4 VERTICAL _______ _______________- BARS ON 24x24x8 FOOTING ` I1 WITH(2)#4 BARS IN EACH 2x8 P.T.LEDGER i I I DIRECTION-MIN 36" BELOW LINE OF AS BUILT FRONT PORCH ~ � �. o I GRADE. 4'-0"x 4'-0" I I 1 COMPOSITE o- 1 :� FRONT 1 ti I • a W 0' = 1 1 I I , L-- DECKING °x p o r __J_ c� I PORCH I i M N O I I I I 1 -=LI--A I �- 1 r . I L- _t---1---_J _� -- --- GIACONE RESIDENCE P.T. STRINGERS -- 1 270 PARK AVE EXT � i� � � �-yi• � i --`— � 1 itI 12" DIA.SONOTUBE-36" MHN ' — — — 1 MATTITUCK, NY 11952 --------- - BELOW GRADE. I —————— 1 SCTM# 1000-123-8-27 4-41/2" 4'-4" 5'-0" 4'-4" 3'-71/2" SCALE: 1/411 = 1'-011 @_PORCH FRAMING PLAID AS BUILT PORCH & EXISTING DECD PLAN 1 DATE: 01.30.23 SCALE:1/4'-1'-0• DRAWN BY: Z.E.N. DECK AND PORCH PLANS L. All FRONT PORCH REPLACING EXISTING-BUILT UNDER BUILDING PERMIT#44748 ZEN DESIGN 1250 EVERGREEN DRIVE CUTCHOGUE, NY 11935 PHONE: 631.513.6589 L]i These plans are copyrighted and are subject to copyright protection as an"architectural work"under Sec.102 of the Copyright Act,17 U.S.O.as amended December 1990 and known T _ as Architectural Works Copyright Protection Act of 1990.The protection Includes but Is not limited to the overall form as well as the arrangement and composition of spaces and elements of 0 design.Under such protection,unauthorized use of these plans, work or home represented,can legally result In the cessation of 0 � +Mi N construction or buildings being seized and/or monetary compensation to ZEN DESIGN LLC. NO. ISSUE DATE 01 TRUSTEES APPLICATION 04.14.22 NORTH ELEVATION WEST ELEVATION 02 DEC APPLICATION 05.29.22 SCALE:f,i4"-1'-O" SCALE:7f4•-1'-0• 03 TRUSTEES APPLICATION #2 12.04.22 04 AS BUILTS FOR CO 01.30.23 NEW ROOFING NEW SIDING NEW WINDOWS �-- EXISTING DECK -ALL REPLACED UNDER BUILDING PERMIT#44748 r L=J cv N "�'.( E.NIC,.Cy��F 4Q- 00 v�t� o 0 Z s� 0444Z- �r yo Y SOUTH ELEVATION of EAST ELEVATION NE IN 3 SCALE:1/4•-1'-0• SCALE:1'4"-1'-0" GIACONE RESIDENCE 270 PARK AVE EXT MATTITUCK, NY 11952 SCTM# 1000-123-8-27 SCALE: 1/4" = 1'-0" DATE: 01.30.23 DRAWN BY: Z.E.N. ELEVATIONS .._a. + aI A U- C cY) f � n °+ ZEN DESIGN r 1250 EVERGREEN DRIVE ar-er•i CUTCHOGUE NY 11935 "°. ...�a.,. , PHONE: 631.513.6589 X. �T. UJ 3: baa" � •+" ° --�, M,M.� �. .M K� ". �3 These plans are copyrighted and are subject to copyright protection as an"architectural work"under Sec.102 of the � Copyright Act,17 U.S.O.as amended December 1990 and known as Architectural Works Copyright Protection Act of 1990.The E•"�.. *� "�,• .r r.R �'" Q V protection Includes but is not limited to the overall form as well 1J N as the arrangement and composition of spaces and elements of design.Under such protection,unauthorized use of these plans, work or home represented,can legally result In the cessation of UJ construction or buildings being seized and/or monetary UJ /�� ��/� ®UJI compensation to ZEN DESIGN LLC. LO 1XI �,_ ,, ": .•'`yTi w f, . . 0 5Q W 1A W NO. ISSUE DATE + x °: 01 TRUSTEES APPLICATION 04.14.22 ® 1` 173.57 woo 02 DEC APPLICATION 05.29.22 woo woo,, �' ' .► � 03 TRUSTEES APPLICATION #2 12.04.22 _ ... , .., 04 VARIANCE APPLICATION 03.20.23 .•s < 03 loom mom 0 '" ' v� woo wow slow �-�--, 0\r,01021011 soom woo wow CC 45.0 *low 0 ¢ 0' W 20.2 8• 3Se E�a1 S�, G p�C�►S N U- t3V �+ k_ tom ' t�. to —J N It �-ILL Z �+ N w ' LLJ 01 - �•� PORCH o m �D . m 1.0N As vi � ��`'��� S. N/c.00 w _ L� C' RCVA ST�ps o� FRAC S BUI ,V. o r o �� L 5 s (l .. ~• moo mom �w I _� i �� ' �� 7 1 q TF 0 4.4.4 2'' COQ WOOD WALK C ) mum ".. sem"' - mom wow mom mom o �„ Now .� "" ' ..• WOW 00 won loom mono o 28120 . 4 ' 4 .+ ���A�K GIACONE RESIDENCE 00 ..eta%.l�a� 1V• 270 PARK AVE EXT MATTITUCK, NY 11952 SCTM# 1000-123-&27 SCALE: 111 - 10' DATE: 03.20.23 DRAWN BY: Z.E.N. SITE PLAN � (�3 SEE SEC.NO.115 MATCH LINE ____ LINE SEE SEC NO 115 w N302882 —Z a o ° 4 FOR PCL NO SEE SEC NO e 11617-018 zy 4 FA 0 14 0, 1s, a $ 1ta a 2 '� r° s g• ; y l ¢6 ti 19 t 3A 5.1 12� I• s 2 y�N 26 a s o 6 6 y e I o 42.6A(c) m 1.OA(c) 1.4A(c) 11 os i. 2.6A(c) t5� t6 no, STs 1� 4 TOWN OF t0 S R X501 11 ,s 1,n SOUTHOLD –. '�. $ \tx REEK 20 a y6t12 a 20 3e7 +x ,v 3. as a ps�.- 2 v�tt� .z 26.1 � ,g �.._ IL n ° .m + ° vs tool s t sz ,w 9P z�3' pe a2.2 k _ v1 za'• a m��'-,�" 2. ea Na ac sl 2q'� ld`°'�!�•�h� �+��+.�� 0 30 w° �o�WE 5 zAnlal �l _// ygPlcl\ 2 N1 \ llel 1 Coo (2,3- '- X-1 ITal1I n�p -flu 2 4r ---------- ---------- ___ ___ N299082 I NOTICEN IFE r COUNTY OF SUFFOLK © K 115 1 TOWN OF SOUTHOLD SECTION NO NWO MAINTENANCE.ALTERATION,SALEOR Real Property Tax Service Agency v AN DISTRIBUTION OFY PORTION OF THE 1Y1 19 VILLAGE OF 123 SUFFOLK COUNTYTA MAP IS PROHIBITED +'1� County Center aA,NY11901 y SCALE N FEET. M WTHOUT WRITTEN PERMISSION OF THE ���: $S�� 200 0 200 IIe A 1x DISTRICT NO 1000 REAL PROPERTY TAX SERVICE AGENCY. P PROPERTY MAP CONVERSION DATE Feb 1D,2011