Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
7830
vct s�:� Ci A C( PeCSi Ci est I � ►� durell in uV'ain M 51d P ez �'��1 c c�- 6{��f 1 nel� 0k A (vr CZ\[qvL_9_& C�_ . ►��1� lam- xxIt 5---ct 47go lad" ,PrD Par ct-mss O--z-a cam. cs X)LV( Sic, ':�K P AtO l C! RICHARD E. SULLIVAN #3207 )C% 440 Third St. , New Suffolk J 5/27/83 CA-construct deck which will exceed maximum lot covergae of existing and proposed structured i Owner: McElroy, Patrick File #: 7830 Address: 440 Third St Code: 17PA I Agent Info Michael Kimack P O Box 1097 Southold , NY 11971 1 Phone: 516-658-6807 ✓° Fax: C� Email: mkimack2@verizon.net I � 0�P � � �1 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson 53095 S���ef®�® 53095 Main Road• P.O. Box 1179 Patricia Acampora Southold,NY 11971-0959 Eric Dantes Office Location: Robert Lehnert, Jr. Town Annex/First Floor ® O Nicholas Planamento 54375 Main Road(at Youngs Avenue) ® � Southold,NY 11971 RECEIVE® http://southoldtownny.gov GS . x.62 TW` ZONING BOARD OF APPEALS 0 CT 2 3 2023 TOWN OF SOUTHOLD Tel. (631) 765-1809 Southold Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 19,2023 ZBA FILE: #7830 NAME OF APPLICANT: Patrick McElroy PROPERTY LOCATION: 440 Third Street,New Suffolk,NY SCTM#1000-117-9-20 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 thru A 14-25, and the Suffolk County Department of Planning issued its reply dated July 19, 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: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The subject property is a nonconforming 14,408.74 square foot parcel located in the Residential R-40 Zoning District. The northerly property line measures 102.00 feet and the easterly property line measures 141.67 feet, the southerly property line measures 101.95 feet and is adjacent to Jackson Street and the westerly property line measures 140.97 feet and is adjacent to Third Street. This is a corner lot. The parcel is improved with a two-story frame dwelling with a detached garage, a wood deck that runs behind the garage to part of the rear of the dwelling. There is a frame shed (14.4 ft. x 12.3 ft.) located in the northeast corner of the property, and a one-story frame cabin located at the southwest corner of the property as shown on the survey map prepared by Nathan Taft Corwin III, LS, and dated April 23, 2021. BASIS OF APPLICATION: Request for Variances from Article XXIII, Sections 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 lots containing up to 20,000 square feet in area; located at: 440 Third Street, New Suffolk,NY. SCTM#1000-117-9-20. RELIEF REQUESTED: The applicant requests variances to demolish(as per Town Code)and reconstruct a single- family dwelling. The proposed construction will have a primary front yard setback of 7 feet 8 inches where 35 feet minimum setback is required, , a minimum side yard setback of 6 feet 1 inch, where 10 feet minimum is required , and lot coverage at 27.18% where a maximum of 20% is permitted. In addition, the proposed construction is not permitted pursuant Article XXXVI, Section 280-207A(b),which states, "the gross floor area(GFA) shall not exceed Page 2,October 19,2023 #7830,McElroy SCTM No. 1000-117-9-20 the permitted square footage calculated as follows: Lots containing up to 20,000 square feet of lot area;2,100 square feet plus 12.5% of the lot area in excess of 10,000 square feet up to a total of 3,350 square feet maximum." The permitted gross floor area is 2,651 square feet on the subject property. However, the proposed gross floor area is 3,135 square feet, exceeding allowable gross floor area by 484.61 sq. ft. The Site Plan drawing prepared by Henry Bradford Gustayson, Architect and dated April 12, 2023, show the proposed changes to the dwelling along with the location of the proposed in-ground swimming pool measuring 18 ft. x 30 ft. ADDITIONAL INFORMATION: The dwelling was built in 1815 on a small lot. Many of the lots in New Suffolk are small lots also. The small cabin on the property is not being changed and has a Certificate of Occupancy and its own sanitary system. The applicant will be adding a new Suffolk County Health Department approved Innovative Advanced(IA)septic system for the principle dwelling to be located 20 feet from the proposed in-ground swimming pool to accommodate the new two bedrooms and one bathroom second story additions to the dwelling as shown on the Site Plan drawing prepared by Henry Bradford Gustayson, Architect and dated April 12, 2023. FINDINGS OF FACT/REASONS FOR BOARD ACTION: 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. Many of the residences in the community of New Suffolk are small lots and many homeowners have expanded the small dwellings to meet the standards of today. The applicant wishes to expand the dwelling to meet the needs of the family. The property is well screened with mature trees and shrubs giving most of the property privacy. 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. Given the restrictions by the GFA coverage,the need for the applicant to add two additional bedrooms,the only location is to add to the second floor within the existing footprint. The proposed inground swimming pool will increase the lot coverage to 27.18% where 20% is allowed by code, however,the Zoning Board in the past as approved coverage exceeding the 20%. In this neighborhood 1. ZBA File #4821: Approval to construct additions to a dwelling increasing coverage from 24.67 to 26.67% 2. ZBA File 46462: Approval to construct additions and alterations with a lot of coverage of 26% 3. ZBA File#3107: Approval of a proposed deck addition for a total lot coverage of 23%. 4. ZBA File 95962: Approval of a second-floor addition over a portion of existing dwelling for a total lot coverage of 24%. 5. ZBA File 43470: Approval of additions to an existing dwelling of 23%. 6. ZBA File# 6931: Approval to construct an accessory two car garage with lot coverage of 23.7%. 3. Town Law &267-b(3)(b)(3). The variances granted herein are mathematically substantial, representing 77.7% relief from -the-code for the-front yard setback, 39%.for the side yard setback and over 35.9%_for proposed_lot coverage. However, the setbacks will remain the same as they now exist due to lot size and the house being built in 1815,predating the Town Zoning. Excessive lot coverage in this neighborhood is common and has resulted in several prior variances for other neighboring properties.The GFA will exceed the allowable 2,651 square feet,by 484.61 sq. ft., but is needed for the proposed two bedrooms and one bathroom and is mathematically substantial representing 18% relief from the Code. However,the applicant was in contract with the architect for the proposed reconstructed dwelling when the GFA code was approved, and the as built dwelling is already 104.19 feet over the new code Page 3, October 19,2023 • . #7830, McElroy SCTM No. 1000-117-9-20 permitted maximum GFA on the subject lot. In addition, the existing ridge height of the dwelling will remain the same when the second story additions are constructed. . 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 advefse impact on the physical or environmental conditions id the neighborhood. As indicated above, the applicant will be adding a new Suffolk County Health Department approved Innovative Advanced(IA)septic system. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law X267-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 X267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a two-story addition and inground swimming pool while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, motion was offered by Member Acampora, seconded by Member Lehnert, and duly carried, to GRANT the variances as applied for, and shown on the Site Plan and Architectural Plans (Sheets A-002, A-101, A-201, A-202) prepared by Henry Bradford Gustayson, dated April 12, 2023. SUBJECT TO THE FOLLOWING CONDITIONS: 1. Pool pump equipment/mechanicals must be located a minimum of 20 feet from any property line or be contained in a shed type enclosure with a lot line set back that is in conformance with the bulk schedule for accessory structures. 2. Drywell for pool de-watering shall be installed. 3. The applicant shall install an Innovative Advanced (IA) septic system as approved by the Suffolk County Department of Health Services. This approval shall not be deemed effective until the required conditions have been met.At the discretion of the Board of Appeals,failure to comply with the above conditions may render this decision null and void That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. IMPORTANT LIMITS ON THE APPROVAL(S) GRANTED HEREIN Please Read Carefully Any deviation from the survey, site plan and/or architectural drawings cited in this decision, or work exceeding the scope of the relief granted herein, will result in delays and/or a possible denial by the Building Department of a building permit and/or the issuance of a Stop Work Order, and may require a new application and public hearing before the Zoning Board of Appeals. Page 4,October 19,2023 #7830, McElroy SCTM No. 1000-117-9-20 Any deviation from the variance(s)granted herein as shown on the architectural drawings,site plan and/or survey cited above, such as alterations, extensions, demolitions, or demolitions exceeding the scope of the relief granted herein, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses,setbacks and other features as are expressly addressed in this action. TIME LIMITS ON THIS APPROVAL: Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3) years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one (1) year terms. IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN. Failure to comply in a timely manner may result in the denial by the Building Department of a Certificate of Occupancy, nullify the approved variance relief, and require a new variance application with public hearing before the Board of Appeals Vote of the Board: Ayes: Members Weisman (Chairperson), Acampora, Dantes, Lehnert and Planamento. This Resolution was duly adopted (5-0). ti- Leslie Kanes Weisman, Chairperson Approved for filing �(� / /2023 ZONING DISTRICT = R-40 Gustayson/Dundes COPYRIGHT © 2023 S.C.TAX NO. 1000-111-013-20 ALL RIGHTS RESERVED EXISTING LOT AREA = 14,408.14 SF CONSULTANTS: ALLOWABLE LOT COVERAGE = 20% x 14,408.10 = 2,881.14 SF RECEIVED EXISTING LOT COVERAGE = 3,316.25 SF = 23.435". (NON CONFORMING) JUL 172023 NEW POOL ADDITION = 540.00 SF z7-3 oning Board o A TOTAL PROPOSED LOT COVERAGE = 3,916.25 SF = 27.18 51.' ppea►s REVISIONS: GROSS SQUARE FOOTAGE FIRST FLOOR = 1,341.20 GSF 50'-011 GROSS SQUARE FOOTAGE SECOND FLOOR = 9712.54 GSF FRONT YARD SETBACK GROSS SQUARE FOOTAGE GUEST HOUSE = 821.92 GSF GC TO VERIFY LOCATION OF SEPTIC TOTAL PROPOSED GROSS SQUARE FOOTAGE = 3,135.61 GSF TANK IN FIELD PRIOR TO ,---- ---_-__ ------ 102.00 , ESTABLISHING LOCATION OF POOL MAXIMUM ALLOWABLE GROSS SQUARE FOOTAGE _ f -------- - -- 2100 SF + 531.25 SF (12,E i% OF 4,410) = 2,651.256F - ----------- 3,135.61 - 2,651.25 = 484.36 SF OVER ALLOWABLE I 51'-54" � I I AREA OF ADDITION ---`---------------- U ON SECOND FLOOR I ---------__ PARD SETBACKS = --- __--= 38m.n SF I ---- `------------ w PRIMARY FRONT = 50' REQUIRED, 1.1' PROVIDED w SECONDARY FRONT = 35' REQUIRED, 100.08' PROVIDED cl I I -----_ -f-----_-_-__ REAR = 50' REQUIRED, 51.46' PROVIDED I - ; SIDE = 15' REQUIRED, 6.08' PROVIDED I APPROXIMATE LOCATION I i EXISTING HOUSE IS NON-CONFORMING FOR MINIMUM LOT SIZE, EXISTING I of SEPTIC FIELD I PRIMARY FRONT `PARD SETBACK, SIDE PARD SETBACK, GROSS DWELLING I 1 ! SQUARE FOOTAGE 4 LOT COVERAGE EXISTING SHED MAXIMUM HEIGHT = 2 1/2 STORIES, 35' TO MID POINT OF GABLE 176.85 SF I !I VARIANCE REQUIRED FOR LOT COVERAGE 4 GROSS SQUARE FOOTAGE' i 22'-11" � ! � I IR i EXISTING BREEZEWAY i I ' 208.40 SF � I j I � EXISTING I ! 42.00' NEW SCREEN DECK 18.81' DOORS i 411.31 SF ! j EXISTING I GARAGE ! PROPOSED POOL ! I 343.44 SF ! 540 SF I ® `v AREA A N A L N"C 51 CJ 1 ' 1439' ® 23.19' x 34.20' = 193.10 SF r, I _� 23.19' 131' 625' 0 I ® 18.81' X 21.50' = 404.42 SF EXISTING HOUSE 12 -Oii � i � 1�412� SF CN 1 I ml 11.31' x 12.10' = 143.68 SF I I POOL DECK ON 19.5g' I I j NEs w/ PAVING 9 8 @ O O .7 ST ' H © 16.20' x 21.20' = 343.44 SF EXISTING GARAGE I 9.43' 343.44 SF - NO CHANGE � �� � � EXISTING BREEZEWAY _ NEW 4 -0 HIGH I 2120 0 O 9.83 X 21.20 = 208.40 SF PROJECT NAME: I - --- ESTATE FENCE j O @ 208.40 SF - NO CHANGE EXISTING `�---- 14.12' x 19.58' = 288.21 SF 3,3-16.2E, SF ADDITION 4 ALTERATIONS 1"IcELRO`(' RESIDENCE fk I I G I i I 0 9.43' x 8.16' = 16.95 SF EXISTNG OPEN DECK - 440 THIRD STREET (e.10' x 8.16') / 2 = 39.95 SF ABOVE GRADE I I 0 O 484.43 SF- NO CHANGE NEW SUFFOLK, NY 11956 I I O CN 6.25' x 1.00' = 6.25 MJF DRAWING TITLE: I 1 I 0 6.25' x 11.10' = 13.12 SF SITE PLAN � I 32.50' ZONING INFORMATION 14.39' x 12.29' = 176.85 SF EXISTING SHED I EXISTING GUEST HOUSE I I _ U 17685 SF - NO CHANGE 821.92 SF I q O 25.29' x 32.50 = 821.93 SF EXISTNG GUEST HOUSE 821.93 SF - NO CHANGE 1 I I I PROPOSED POOL � � �6 18.00' x 30.00' = 540.00 SF I I cr> 540.00 SF II ORIGINAL LOT AREA COVERAGE = 3,316.25 SF _ . � ---------_-_-_L _ - - - - - - ( PROPOSED LOT AREA COVERAGE = 3,916.2 SF FINAL MAP � \ { 101 --- ---� IREVIEWED BY ZBA DECISION# DATED: FO L PROJECT NO: �FtED,�f, �P FORD 221) 4�;r SCALE: Al REVISION NO: {� ,�5 I T E FLAN N RTH INFORMATION TAKEN FROM SURVEY PREPARED BY r ! r 0. � U 4g5 G SUE DATE: A002 SCALE: 1" = 10'-0II NATHAN TAFT CORWIN 111 01 ccq) 100eSEA : APR 12, 2023 LAND SURVEYOR LATEST DATE AUG. 8, 2012 .,�,;. , a. � DRAWING FILE: 40025ITEPLAN IT IS A VIOLATION OF THE LAUD FOR ANY PERSON, UNLESS ACTING UNDER THE DIRECTION OF A LICENSED DRAWING N0: ARCHITECT, TO ALTER AN ITEM IN ANY WAY. IF AN ITEM BEARING THE SEAL OF AN ARCHITECT IS ALTERED, THE ALTERING ARCHITECT SHALL AFFIX TO HIS ITEM THE SEAL AND THE NOTATION "ALTERED BY" FOLLOWED � - Bel' HIS SIGNATURE AND THE DATE OF SUCH ALTERATION, AND A SPECIFIC DESCRIPTION OF THE ALTERATION. Gustayson/Dundes COPYRIGHT © 2023 ALL RIGHTS RESERVED CONSULTANTS: DECEIVED JUL 17 2023 /7 REVISIONS: �14ppeals FILL IN WINDOWS PIU TRASP 0 0 Q -A36" RANGE WASP DRYER _ _ . _ NEW NEW NOME PANTRY KITCHEN NEW LAUNDRY EXISTING ROOF OFF IC — SIDE _ ETBACK LINE ---------------- LINE - - - - o- F — -1 II— ��I — _ _ L _ J1� - -�L _ J NtL—� e ► I 11= _ J L _ JII I r NEW L J I //` -I CLF 1 I L _ JIB - -JL _ J � _� LIVING ROOM / /�� DINING AREAF-- I(3 WOOD FL. a I l u I e I� I z F I IL -J 248 BEDROOM 1 I I I I I I EW MASTER BEDROOM WOOD FL. 1 �- 1 - - I v � l- - -1 - -1�r - � LIN. - - - - i_ - - - - -� FF L _ JIB � ,-- - -a - L I I3 IXC - - i EXIST �``�0 -11-roll L _ JI I I III I I i �F - - NEW 10 I HALL 1 - - ^ I I I I 1 I I IFAMILY ROOM Iz I BEDROOM 3 -,111 Llu - - = - - - - I � J I I II I _ I WOOD FL NEW BLUESTONE I I I I I 1 I — — -7 -7 — — — ,-1 STOOP I NEW L — 1 1 I ( 1 I BEDROOM 2 I r -' / / - I , FRONT NEW °N I f- _ - I I I I RELocATE E STING b I I UPI = DOOR ENTRY +BALL � I I �- - -I L, EX►5T DOOR NAL BATH �Q I L J 1 I F - - -f- - - -r - - - F] t� TTS LJ 1 OF I I I I 11 I I I I - - - - II II I ON L -1 - L- - I I -L===] -i 11'-3}" PROJECT NAME: ADDITION 4 ALTERATIONS McELRO`r RESIDENCE EXISTIi G DECK 440 THIRD STREET NEW SUFFOLK, NY 1195(0 DRAWING TITLE: FIRST FLOOR 4 2ND FLOOR PLANS lid EXIST GARAGE �l g , 1 610 .., at iFINAL MAP REVIEWED BY Z BA y'"~ PROJECT No: �rtEt? /#R\ DECISION# 43 gP FORD,° ``� 2211 r)ATE D: (0 I �.-)�-�j SCALE: v PROPOSED SECOND FLOOR FLAN ' REVISION N0: � � �. ° P 2 .,... fi 1 � O OJ D F l f;; &T FL_OOfR FLAN �01 SCALE = 114" = V-011 � p o 49 6 �� SUE DATE: A101 SCALE = 1/4" = 1'-0" N RTH SEA : APR 12, 2023 DRAWING FILE: N RTIC A 1011=I FR67-L OCIRFL:AN DRAWING NO: 101 Gustayson/Dundes COPYRIGHT © 2023 ALL RIGHTS RESERVED CONSULTANTS: NEW ROOF TO MATCH EXISTING RECEIVEp JUL 1 7 2023 tonin �' NEW GUTTERS 4 9 Board of qpo c LEADERS TO REVISIONS: EXISTING DRYWELL NEW 3" CORNER BOARDS LINE OF GARAGE ROOF IN N FOREGROUND SECOND FL � I � LINE OF EXISTING DECK F I RST FL F-- EXISTING DOORDE NEW BLUESTONE STOO EXISTING PROPOSED NEW SECOND FL ADDITION ABOVE EXISTING HOUSE RfGHT SIDE (SOUTH) ELEVATION A201 SCALE = 1/4" = V-011 LOOKING NORTH PROJECT NAME: ADDITION 4 ALTERATIONS LINE OF SETBACK 1"IcELRO`1' RESIDENCE EXISTING RIDGE 'LINE EXISTING ROOF 4.40 THIRD STREET �--� 12 TO REMAIN NEW SUFFOLK, NY llg5ro 101 12 10 DRAWING TITLE: EXTERIOR ELEVATIONS NEW SIDING TO EXISTING ROOF BE SELECTED TO REMAIN EXISTING ROOF ��TO REMAIN -- — — — — — — — — — — — — SECOND FL t 9 -- — — — —FIRST FL FINAL AP =—" -- PROJECT NO: IL �/�,��j`�l�� BY7�BA r���" ��y� 2211 'y �EXISTING A/C # � ��� �S G r�\ SCALE: UNIT DECISION (o �� REVISION N0: T �• Q 4g56 G� SUE DATE: J7=- -2REAR ( EAST) ELEVATION SEA : APR 12, 2023 A201 SCALE = 1/4" = 1'-0" LOOKING WEST DRAWING FILE: A201EXTERIORELEV DRAWING NO: A � 2 J Gustayson/Dundes COPYRIGHT © 2023 ALL RIGHTS RESERVED CONSULTANTS: RECEIVED NEW ROOF SHINGLES TO JUL 17 2023 MATCH EXISTING '! 03-z� SLOPE OF EXISTING ROOF Zoning Board of Appeals REVISIONS: VAI ® GUTTER LINE NEW 511:NNG TO-EE- WITH EXISTING C D L INE OF EXISTING ROOF SECOND FL O 0 FIRST FL GRADE 2 LEFT 511DE (NORTH-I) ELEVATION A202 SCALE = 1/4" = V-0" LOOKING SOUTH SIDE WARD SETBACK LINE i PROJECT NAME: ADDITION 4 ALTERATIONS 1"IcELRCY RESIDENCE 440 TH112p STREET SKY EXPOSURE PLANELIL DTIE NEW SUFFOLK, NY 11956 DRAWING TITLE: EXTERIOR ELEVATIONS ULL OU 1AN)lb)19 'r IV is a, - - - - - - - - - - - - - - - -� - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - PROPERTY L INE }k PROJECT NO: 2211 FRONT ( WE 5T) ELEVATION FINA=* ; �GQ��� SCALE: A202 - LOOKING AST �EVR4 o �\ SCALE - 1/4 1 O L E �. DECIREVISION N0: DATE 0 0 4956 0 SUE DATE: SEA : AE'R 12, 2023 DRAWING FILE: A202EXTERIORELEV DRAWING N0: 2 0 2 31 SURVEY OF PROPERTY W SITUATE JOSEPH POLAASHOCK NEW SUFFOLK •' V UO1 S 86003$5091E I. TOWN OF SOUTHOLD FOUND 102.00' SUFFOLK COUNTY, NEW YORK o d, CONC. MON. a0 S.C. TAX No. 1000-117-09-20 cWiN 8.5' to n CHAIN LINK FENCE SCALE 1"=20' a O.W.S. Oj APRIL 23, 2021 O ui 41.9' 61.4 w CQ OVERHEAD WIRES--`_ ,,.• CHIMNEY -04 _ AREA = 14,410 sq. ft. ° in AIR COND. 3 ^ CWh 0.331 ac. o°q N 2 STORY Do UNIT = Y d ,p FRAME HOUSE N ° o SHED to o 14.4 d 7.5' Mv Da. N WOOD SFRAMEE ti CERTIFIED TO: B.3 14.4' PATRICK J. McELROY BRICK 34.5' KERRI ANN McELROY WALK 0.6'W CONC. MON.SHEDS FOUND STEWART TITLE INSURANCE COMPANY Y o DE WOOD K1 WALL 0.8'E. m 8.0' x B 2i 21.2' 4 i s C �o z o W a m R ICKA N FRAME 3 WOOD ci (d GARAGE FENCE FENCE RECEIVED c I.O.W. NCE a o 21.2' F-+ JUL 17 2023 • '' Q POLE i Zoning Board of Appoals H a v yO W PREPARED IN ACCORDANCE WITH THE MINIMUM z STANDARDS FOR TITLE SURVEYS.AS-ESTABUSHED 00 �. �' � BY THE L•I.A.L.S. AND APPROVED AND ADOPTED to 19.2 FOR SUCH USE BY THE NEW_'YORK-~STATE LAND Im TITLE ASSOCIATION. ` �•• a > LLl c 32.5' U mp U SLATE PATIO N 1 STORY ti, N N FRAME HOUSE U °a O 19.2' 0 3 o O •`_1` e� 35.5' 3 FENCE Z o o 0 RN: .$ Lic. No. 50467 e b, �C+a �o ;(n TOUNAUTHORIZEDSURVEY ALTERATION TI ADOF DITION Nathan Taft • Corwin III THE NEW YORKA N 85°40'30_'_'" W _ - ---- - - -- -- - - - -Surveyor- UTILITY - -- - -- - • -- --- -_- _- - _ --- -- EDUCATION LAW OF A VIOLATI N STATE N 2 _ COPIES OF THIS SURVEY MAP NOT BEARING Land Surveyor ' THE LAND SURVEYOR'S INKED SEAL OR `�p0 1 O 1 •9 5 �%SPLIT Rgll FENCE EMBOSSED SEAL SHALL NOT BE CONSIDERED OVERHEAD WIRES-�- — "- TO BE A VAUD TRUE COPY. Successor To: Stanley J. Isaksen, Jr. L.S. Joseph A. Ingegno L.S. CERTIFICATIONS INDICATED HEREON SHALL RUN a a ONLY TO THE PERSON FOR WHOM THE SURVEY Title Surveys - Subdivisions - Site Plans - Construction Layout Al IS PREPARED, AND ON HIS BEHALF TO THE a •' V EDGE OF PAVEMENT I:' TITLE COMPANY, GOVERNMENTAL AGENCY AND PHONE 631 727-2090 Fax (631)727-1727 JACKSON A �y LENDING INSTITUTION USTED HEREON, AND ( ) LL\1[ u C O v oa o TO THE ASSIGNEES OF THE LENDING INSTI- MAILINri ADDRESS \/ L 11`J ►TI 7-� F I a OFFICES LOCATED AT STREET 1u{ ' a ` TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. P.O. 80x 16 �'• I THE EXISTENCE OF RIGHT OF WAYS 1586 Mown Road Jamesport, New York 11947 Jamesport, New York 11947 AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. E-Mail: NCorwin3®aol.com —I�- COUNTY OF SUFFOLK RECEIVED JUL 9 2023 1• � Zoning Board of Appeals STEVEN BELLONE SUFFOLK COUNTY EXECUTIVE V J DEPARTMENT OF ECONOMIC DEVELOPMENT AND PLANNING SARAH LANSDALE CHRISTOPHER GONZALEZ COMMISSIONER ELISA PICCA CHIEF DEPUTY COMMISSIONER DEPUTY COMMISSIONER July 19, 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 Joseph McCormack #7828 Patrick McElroy #7830 Tracy&Alexander Sutton #7831 Very truly yours, By Christine DeSalvo Theodore R. Klein, Principal Planner TRK/cd Division of Planning&Environment H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th FI ■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 ■ (631)853-5191 a Y TOWN OF SOU THOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. JUL 17 2023 NOTICE OF DISAPPROVAL Zoning Board of Appeals DATE: May 25, 1023 Michael A. Kimack (McElroy) PO Box 1047 Southold,NY 11971 Please take notice that your application dated April 26, 2023: For permit: to demolish(as per Town Code definition) and reconstruct a single-family dwelling at: Location of property: 440 Third Street,New Suffolk,NY County Tax Map No. 1000- Section 117 Block 9 Lot 20 Is returned herewith and disapproved on the following grounds: The proposed construction, on this nonconforming 14,408.74 sq. ft. lot in the R-40 District, is not permitted pursuant to Article XXIII Section 280-124, which states lots measuring less than 20,000 square feet in total size require arp imary front yard setback of 35 feet, a minimum side yard setback of 10 feet and maximum lot coverage of 20% The proposed construction will have a primary front yard setback of 7 feet 8 inches a ,? minimum side yard setback of 6 feet<l)inch and lot coverage at 27.18-%. In addition,the proposed construction is not permitted pursuanto Article XXXVI Section 280-207A(b),which states; "the gross floor area shall not exceed the permitted square footage calculated as follows: Lots containing up to 20,000 square feet of lot area: 2,100 square feet plus 12.5% of the lot area in excess of 10,000 sq. ft. up to a total of 3,350 sq ft maximum" The permitted GFA is 2,651 square feet however,the proposed gross floor area is 3,135.61 sq. lt. Authorized igna e ---------------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. RECEIVED Fee:$ Filed By: Assignment No. JUL 17 2023 APPLICATION TO THE SOUTHOLD TOWN BOARD. OF APPEALS AREA VARIANCEZoning Board of Appeals House No. qUd Street 7ZIMP It- Hamlet &EW 5_W_,rdlf-e SCTM 1000 Section j/7 Block___9_Lot(s) ?Q Lot Size Zone A?-4C I(WE)APPEAL TJIE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED BASED ON SURVEY/SITE PLAN DATED Owner(s): Al C&A*n V Mailing Address: ZM5AET & ,4k72Z v Telephone: Fax: Email:p61cal-ROY01CA G Y141,1040. con 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:__ j:&('/,1aLZ 4.111M,4Cj4 fore Owner( )Other: Address: ?. a, &3 e (6147 57 NY. ll 97I Telephone:916 QF9•6e07 Fax: Email: jr-- Please check to specify who you wish correspondence to be mailed to,from the above flames: ( )Applicant/Owner(s), ()6 Authorized Representative, ( ) Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 902'12 ,3 and DENIED AN APPLICATION DATED FOR: (xj Building Permit ( ) Certificate of Occupancy ( )Pre-Certificate of Occupancy ( ) Change of Use ( )Permit for As-Built Construction ( ) Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not qu a the code.) Article:�•t'//1/-L Vj Section: Vi O Subsection: _A"ZZ67,A61100 Type of App 1. An Appeal is made for: XA 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 P4 has, ( )has not been made at any time with respect to this property,UNDER Appeal No(s).•FZQ7 Year(s). / ?&3 . (Please be sure to research before completing this question or call our ofce for assistance) ��O Name of Owner: ZBA File# RECEIVED REASONS FOR APPEAL (Please be specific, additional sheets may be used with preparer's signature notarized): JUL 17 2023 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment t �'¢�a o O� properties if granted,because: 7WW `p��`pO f�� �N/� �, �d/J`}Yj�/� �JJ A PP�eals �L�JIl p /!1/ GUll6� jCl1I IAI&EO OF 4/NE. ���6i��.1�"p ®0O f-vt7%o vAl��� Y�"467',4p-I oti �' � 1�NN!�!�!� GU !�L A off' e�+l�/1LG q�?A L 2.The benefit sought by the a plican C OT be achieved by some method feasible for the applicant to pursue,G/=A other than an area variance,because: �.../s Cf f �js /V,,05N &Y L� Co 0,14&0 P 0,e AdJ &Z ru10 L 0 04YlOV /s 7'0 APP ro l?e z^4p 0 Ole &/�t� ��s� Pvt✓�.�A1.� roby-'AA616r 3.The��ur;�f'reli79egt te$iso sus tia"1"tie�se: �AT�,'e,,ar 'fr`,1k /p,C'QPOJ'�,D t1 D1 ; 27 ! �D �S J7J�✓3 �`d.QL 1���� O`a G� I-n &,CW 4L,46 C'17V ZO& o-- 29"..2r G�u`Z4 ,��7�6 OAC �p��}✓/��/'T REQ• � 4.The variance will NOT have an adverse effect or impact on the physiEdl of en'rWrdfi'f�TJ9A '119s ht ie ® ) neighborhood or district because: G(Jjv1 cv A CIV4&y AW-7 /Z �� l �• l7 �/ 80 'N 7j-V,6 IPX 0/°0ASO Poo c AA!O 2 '`��'�L. �Gr'� (w141, No Y- �Z44re 4i 0 YEAVr-- ENLI/Z oit//� ,0� '77 ANP YW g�plr�Y1/ rl4L 6�Jp.�l�'/"u10v�o�E C O�t�'p-'/stow 7L-0 r�'c 5.Has the alleged difficulty been self-created? {6 Yes,or { }No Why: Are there any Covenants or Restrictions concerning this land? 0 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. Signature of Applicant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn to before a his ®U da of 120 N IWA otary Publ' ------ — - - — TRAC EY L. D T E..R----- -------- —-- —- - ----- -—_ - ---- ---- - — NOTARY PUBLIC,STATE OF NEW YORK NO.01OW63MOO QUALIFIED IN SUFFOLK COUNT Y COMJISSION EXPIRES JUNE 30,2-9-2-t- RECEIVED JULY 7 2023 APPLICANT'S PROJECT DESCRIPTION �� Zoning Boa d of Appeals APPLICANT:—I'llS �j6C /,L. //LfI� ClG DATE PREPARED: 1.For Demolition of Existing Building Areas Please describe areas being removed: `OQ g yrzrAz CA 7 &'o og�l tjae l?QBE FCbe omal zzdAl tl)5 A64a,_ddA1 II.New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: Az Dimensions of new second floor: 217 f O� Dimensions of floor above second level: Height(from finished ground to top of ridge): Is basement or lowest floor area being constructed?If yes,please provide height(above ground) measured from natural existing grade to first floor: Al a III. Proposed Construction Description (Alterations or Structural Changes) (Attach extra sheet if necessary). Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: JO f/Z Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage(from survevor). r Existing square footage of buildings on your property: r 3�j16.2,7 Proposed increase of building coverage: Square footage of your lot: Percentage of coverage of your lot by building areal— 71, jg V.Purpose of New Construction: G' A'-* G.. �t7RG. 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): &0 is 7- W1 MO D Zi� � Please submit 8 sets of photos,labeled to show different angles of yard-areas-after staking corners_ for new construction,and photos of building area to be altered with yard view. 4/2012 QUESTIONNAIRE RECEIVED FOR FILING WITH YOUR ZBA APPLICATION 02 A. Is the subject premises listed on the real estate market for sale? �7 JULY 7 23 023 Yes ( No Zoning Board of Appeals B. Are there any proposals to change or alter land contours? No Yes please explain on attached sheet. C. 1.) Are there areas that contain sand or wetland grasses? /V O 2.)Are those areas shown on the survey submitted with this application? 3.) Is the property bulk headed between the wetlands area and the upland building area? N6 4.) If your property contains wetlands or pond area , have you contacted the Office of the Town trustees for its determination of jurisdiction? APlease confirm status of your inquiry or application with the Trustees: AIM 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? AJ Q E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting?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? Al Q If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. f—�5g c me Q "r:ozz D?;U/;V& H. Do you or any co-owner also own other land adjoining or close to this parcel? /V O If yes, please label the proximity of your lands on your survey. I. Please list presg use operations conducted at this parcel�Mc p� G v nd the proposed use AWjW0A69'W9V H X y W1 QAA446A5S (ex: existing single family,proposed: same with garage, pool or other) Authorized signature_and Date _ -- - - Town 9 Southold Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L. pc�. TELEP ONE(516MCEP0I'VED ACTION OF THE ZONING BOARD OF_APPEALS JUL Y Appeal No. 3107 17-2023 Application -Dated March 30, 1983 (Public Hearing held 5/27gD>i,3) 1-Z-30 To: Loni Mr. Richard E. Sullivan ellng,,nt "Opr)d Of Appeals 440 Third Street New Suffolk, NY 11956 Mr, David Horton (Builder) Kouros Road, New Suffolk, NY 11956 At a Meeting of the Zoning Board of Appeals held on June 14, 1983 the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ l Request for Special Exception under the Zoning Ordinance Article , Section [X1 Request for Variance to the Zoning Ordinance Article III , Section 100-31 [ ] Request for The public hearing on this application was held and closed on May 27, 1983. Upon application for RICHARD E. SULLIVAN by David S. Horton, Kouros Road, New Suffolk, NY for a Vecriance7t'o the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to construct deck which will exceed the maximum lot coverage of existing and. proposed structures, at 440 Third Street, New Suffolk, NY; County Tax Map No. 1000-117-09-020. The board made the following findings and determination: By this appeal, appellant seeks to construct a deck addition to the existing dwelling, extending from the back of the house in a southerly direction 25' and as shown on penciled-in sketch dated January 21, 1983. The total square footage of the proposed deck is approximately 654 square �114� feet, of which 455 square feet is over the 2882 square feet maximum — 5-1 allowable by the zoning code. The lot in question contains an area of 4 ' 14,378 square feet, having frontage along Jackson Street of 101, 95 feet and along Third Street of 140. 97 feet. The board finds that the relief requested is reasonable and practical under the circumstances, In considering this appeal, the board determines that the variance request is not substantial; that the circumstances herein are unique; that by allowing the variance no substantial detriment to adjoining properties will be created; that the difficulty cannot be obviated by a method feasible to appellant other -than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of zoning; and that the interests Of justice will be served by allowing the variance as indicated below. On motion by Mr. Douglass, seconded by Mr, Goehringer, it was RESOLVED, that Appeal No. 3107, application for RICHARD SULLIVAN for permission to construct deck addition as shown on the January 21, 1983 plan submitted with the subject application, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS.: — - .1, That the deck never be enclosed; 2. That the deck never extend further than the corners of the house as exists, or past the side of the garage, (CONTINUED ON PAGE TWO) DATED: June 27, 1983, CHAIRMAN, SOUTHOLD TOWN ZONING BOARD Form ZB4OF APPEALS (rev. 12/81) RECEIVED Page 2 - Appeal No. -'7 Matter of RICHARD SULLIVAN Decision Rendered June 14, 1983 JUL 17 2023 --�8-3c) Zoning Board of Appeals Location Of Property: 440 Third Street, New Suffolk, NY, Tax Map Parcel No. 1000-117-09-020. Vote of the Board: Ayes: Messrs. Goehri.nger, Douglass and Sawicki. (Members Grigonis and Doyen were absent.) This resolution was unanimously adopted. - GERARD P. HRINGE CHAIRMAN 1 DECEIVED AND FILED BY June 28, 983 THE SOUTHOLD TOW14 cLEgjK DAM DOUR _ Town Clerk, Town of Southold FORM NO.a TOWN OF SOUTHOLD BUILDING DEPARTMENT RECEIVED Office of the Building Inspector Town Hall JUL 17 2023 Southold, N.Y. ,'7 e-2 '7e-2 30 Zoning Board of Appeals Certificate Of Occupancy ' No. Al 1853 . . . . . . . . . Date . . . . . . . . Au us x. .1.9 . . . . . . . . . . . . .. 1983 . THIS CERTIFIES that the building A d 4 i t i or}/,�L l t e r a t i o n, , , , , , , , . , . . . , , 440 Third Street Location of Property2295. . . . . . . . . . . . .g4cKaon Street New Suffolk House No. Street Hamlet County Tax Map No. 1000 Section . . 1 17. . . . . . .Block . . .0 9. . . . . . . . . .Lot . . .920. _ Subdivision . .X . . . . . . . . . . . . . . . . . . . . . . . . . . . .Filed Map No. .X . . . . . .Lot No. X. . . . . . . . . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated . , , .November 1, , , , , , . 19 .a?pursuant to which Building Permit No. . . 1201 7 Z . , . . .. , , . , . dated . . . . ,November 16 . , . . . , , , 19 82 ,was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is . . . . . . . . . alterations and addition to existing dwelling: The certificate is issued to . . . . . RICHARD SUL;LIVAN . . . . , , , , . _ . . . , , (owner-iesseecartenani,�- of the aforesaid building. Suffolk County Department of Health Approval . . . . . A/4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . UNDERWRITERS CERTIFICATE NO. . . . . . . . . . . . . N _6i1.1.09 , , . , , . . . . . . . , . , , , , , , . , , , , . , i Ci�--. . . . . . . Building Inspector i �l)I��✓�Y�U FO r' . _];ice J~. -J„� 16 ANT , INJ W SU FFC)ILV 4b` .tj -C71r}-!C>L.'v, 337 - I , ' /T1 i � ,• •,�i O L99 CL m o N rn-h o ToT�L Z-67 /-1 z�,n �`� i 0 7 5 Fi. -0 vnAornoottD AutRwuon OR ADDmon JO THIS SURVI'1 IS A VIOLATION OF - r7 .g _ SECT10N 7209 OF THL NFW VOM STAB �O%.GL LO/ �av£2�OG� �£✓clni7�cd �CJCJ�� .•. EDUCATION LAW. I i l• �—I`I i. is r + TO91I5 OF THIS SURViV IAAF NOT SFA1I110 IHI LARD SU4V',OP'S 1141;0 SIAL 0% aspecia AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Zoning WHEN TO USE THIS FORM: This form must be completed by the applicant fo permit, site plan approval,use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: PA V-2./ C'1G H C 411?Q y 2. Address of Applicant: 14 D ! IA9 JY: V C/Ty /ICY 3. Name of Land Owner (if other than Applicant): 4. Address of Land Owner: 5. Description of Proposed Project: CO3V 2 *V0.4C,(, ! 0-AV C01? TW a 0 Hs .-21 u rrt- W1 PAY-1 o 6. Location of Property: (road and Tax map Of number) 440 fW,120 J'9', 1V,9W PtlAr-01L, AI.Y_ 7. Is the parcel within 500 feet of a farm operation? { } Yes P(No 8. Is this parcel actively farmed? { } Yes {Vj,No 9. Name and addresses of any owner(s) of land within the agricultural district containing active farm operations. Suffollc County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937) or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. 2. 3. 4. 5. 6. (Please use the back of this page if there are additional property owners) d Signature of Applicant Date Note: 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the - application is submitted for review. - - - - - - - - 617.20 RlBoard VED Appendix B J Short Environmental Assessment Form 2023 �d LZoningppInstructions for Completingof A eals Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information Name of Action or Project: EQW C& L OV Project Location(describe,and attach a location map): lep A/ Brief Description of Proposed Action: S`�� R/2a ,Te-4C1 AZ!9-M/?776A1 I-504LOG1,1IWG Name of Applicant or Sponsor: Telephone: 0 G Address: 6X 16,17 City/PO: State: Zip Code: f0 U 7-/./DL'o // 97J 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: Oi? I)CR W Q-" s X 3.a.Total acreage of the site of the proposed action? acres b.Total acreage to be physically disturbed? acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? cres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(cion-agriculture) ❑Industrial - ❑ Commercial Residential(suburban)- - ❑Forest ❑Agriculture ❑Aquatic ❑ Other(specify): ❑Parkland Page 1 of 4 McElroy Project Description Remove a portion of the rear rooF'of the main dwelling. Construct an addition to the second floor for two (2) additional bedrooms and one ( 1 ) bathroom ( 380.17 SF). Construct an 18 ft. x 30 ft. in ground pool. ( 540 SF ). Remove existing septic system and replace with a new I/A OWTS system for four(4) bedrooms. RECEIVED JUL 172023 130 Zoning Board of Appeals RECEIVE[ 5. Is the proposed action, JUL 172023 NO YES N/A a.A permitted use under the zoning regulations? -7q--bo b.Consistent with the adopted comprehensive plan? Zoning Board of Appeals 6. Is the proposed action consistent with the predominant character of a exis mg built or natural NO YES landscape? X 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: y 8. a. Will the proposed action result in a substantial increase in traffic above present levels? NO YES X b.Are public transportation service(s)available at or near the site of the proposed action? X c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? Y 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed;9& ents,describe deli n features and technologies: r ESQ,F-Mr y 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: X 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: /SAW O/ -/*/Z7 }� 01,4 0 4V 77 RX-M5� 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? v b.Is the proposed action located in an archeological sensitive area? ^ 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? 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 WSuburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? x 16.Is the project site located in the 100 year flood plain? NO YES y 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, X a.Will storm water discharges flow to adjacent properties? NO 13 YES b.Will storm water discharges be directed to est_a_bli_shed conveyance systems(runoff and-storm-drains)? - - — - - - - -If Yes;-briefly describe: - ❑NO WYES &1=416 ©A!Y 40,J5Q1' Page 2 of 4 18. Does the proposed action include construction or other activities that resu in the"R1E& r�bf NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? tCLLJJ If Yes,explain purpose and size: jut i n 19.Has the site of the proposed action or an adjoining property been the loc ion A�"9r APPeaJS NO YES solid waste management facility? If Yes,describe: X 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: 111 C Date: Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? -- 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 RECEIVED' JUL 112023 No,or Moderate small to large impact impact Zoning Board of Appeals may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 RECEIVED Board of Zoning ApLals Aunlication JUL 11-2023 a- 1 q-30 Zoning Board of Appeals AUTHORIZATION Where the Applicant is nol the(honer) resichn,; at (Print property owner's name, (Mailing Address) -- - ---.-1��.GQ-----__-- do hercbv authori-rer 9C A� (Agent) ---- - --------------_-_---.-----___-- _ to apply fot variance(s) on my behalf from the Southold "Zoning Board ofApp._Eis. ftvs gnatc =----- - — (Print Owner's Name', APPLICell N'VOWNER TRANSACTIONAL DISCLOSURE; FORM The Tos•n of Southold's Code of Ethics pro-ii)its conflicts of inti-rust oil the part of town officers and employees.The purpose of(his form is to provide information which can alert the town of possible con Ilicls of interest and allow it to take whatever action is necessary to avoid same. POUR NANIE: : HCEi&Y Ad',i7vICX -- (Last name,first name,miduIe initial,unless you arc applying,in the name of someone else or other rntit such as o onnpany.If so,indicate the other pers(n's or company's name.) RECEIVED TYPE OE'APPLICATION: (Check all that apply) JUL 11-2023 Tax grievance Buildin); Permit YarianCe Trustee Permit .SCJ Change of'Lone _ Coastal Erosion Zoning Board of Appeals Approval of Plat Mooring _ Other(activity) _ _ Plannint; Do you personally(or through your compam,spouse,sibling, p:rent,or child) have a relationship with any officer or employee of the'rwwn of Southold?"R(lationship" includes.by Mood,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 K If you answered"YES",complete the ImLince off his form and date and sign where indicated. Name of person employed b} the Town of Southold "title or position of that person Describe the relationship between yourself(the xpplicaiitra ;eiitlrepresentative)and the town officer or employee. Either check the appropriate line A) through [1) and/or describe in the ;pace provided. The to«n officer or eniploNce or his or tier smuse,sibling,parent.or child is(check all that apply) Al the owner ot'greafer that 5%of the shares of the corporate slack of the applicant(t\Ile'n tite applicant is a corporation) 13)the legal or beneficial owner of ani interest in a non-corporat( entity(when the applicant is not a corporation) _ C)an officer,director,partner,or employee of the applicant;or D)the actual applicant 1)VSCR1PTiON OF RELATIONSHIP Submitted this_ day of _ _ _, 20 Signature_ Print Name— C /Lf G,:� v - AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: k Z&64W HI CI-/,-4L Q (Last name,first name,middle initial,unless you are applying in the name of someone else or othezi company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance X Trustee Permit Change of Zone Coastal Erosion Approvalof Plat Mooring als Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5% of the shares. YES NO _ � If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this 941 day of JIUW ,20 Signature a WW_j Print Name & C/yl `e1& C,� lG RECEIVED Town of Southold JUL 17 2023 LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS Zoning Board of Appeals 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in malting a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# -_�- � The Application has been submitted to (check appropriate response): Town Board 0 Planning Dept. E Building Dept. M Board of Trustees 0 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital construction,planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: — - RiQ JU McElroy Project Description Zoning Remove a portion of the rear roof of the main dwelling. Construct an additi floor for two (2) additional bedrooms and one ( 1 ) bathroom ( 380.17 SF ). Construct an 18 ft. x 30 ft. in ground pool. ( 540 SF ). Remove existing septic system and replace with anew I/A OWTS system for four(4) bedrooms. J i RECEIVED Location of action: 44C �U� 04 , 1 7 2023 Site acreage: O. 1 79 3-30 �Board Appeals Present land use: ,Q 4 (> (jam Present zoning classification: .4 d 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: ?.1 M QL MC CG QQY (b) Mailing address: 140 PINLC (c) Telephone number: Area Code —7 (d) Application number, if any: Will the action be directly undertaken,require funding, or approval by a state or federal agency? Yes ❑ No X If yes,which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. ❑Yes ❑ No Z Not Applicable p Z"o L. APA4&OA /> U a L o PbIICY I 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 X Not-Applicable p ou Cy 2 /'t RECEIVE® Attach additional sheets if necessary J U L 17 2023 Policy 3. Enhance visual quality and protect scenic resources throughout th Town So 4thh d See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria Zoning boars of Appeals Yes 0 No 9 Not Applicable NO AZ: . 6A/ PWA!f rJ b 010 y'74ijE AEX/,! 'fiU(� j� cL lug f U-Al L Al IT 77 Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria Yes �] No 0 Not Applicable P64-ICY 4 ti1A rO '7W 4C AepL Zif-AT1d1 Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria 0 Yes 0 No Not Applicable P , L l GV !!P-- AfI4 rugs ,4 l-/ CA ZZ&V Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. 0 Yes NoX Not Applicable _ _t RECEIVED JUL I 7 Attach additional sheets if necessary Zoning Board f Policy 7. Protect and improve air quality in the Town of Southold. See L II�f A$� Pages 32 through 34 for evaluation criteria. ❑ Yes 0 No RT Not Applicable 7/1�.�. ArJAtzL6 (y GL W �G) Wr12 X15 J�-1S PZe Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes 1:1 No R] Not Applicable N C X�_e 0 ore �vqr s 6141 Z7 D,e Zl� 95 (.1772 Z60 PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. ❑ YeO No W Not Applicable e6 c I C'y 9Al/,# m M/_7 AP-PL11 C,4 7iTA_/ 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. 0 Yes [:1No Not Applicable DG Icy /12 2 G 1 C ) Dudrd Of Appedl s 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 ❑ NoK Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No ZF'�S] Not Applicable NO 4 NAW P1✓ -PROPER" BIZ G�WV&z -4-00 A/_ 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 t< Not Applicable Created on 5125105 11:20 AM "T,b- „ Iso•i LINE , FOR PCL.N0, y 1 SEE SEC.N0, I.24c /4y .IAIcJ 8 It-- RECEIVED 0 20.7 It � RD• Iso't a' a "' _1.-19 ;� r i. i 0 1 i4C ^��..-^� s3A 4,1 JUL Z 72023 - )- "d 19 I Al�t;) O 1.04 x - r -5b l ,,,� 8 5 1.1bICl � l.Alcl G¢ } n.- � Zoning s x y 5 "t 4 6 `-,� 260A 4 a' n9 Board of gPPeals 4 m IH d 8.6 1,2AIc) � 6 " 1 i 7 ""'Fi7- IS4•I 4b $ 9 u R 0,2? O , 1Juc1 § 35 $ 25 1.4Atc) 51.1 ' 1.74 S 4y Y 12.1 S0 i 10.7 2 e 74 t a 6 CUTCHOGUE t3 r 1,UIc) n o 261 U• e� r4 2 37 5 21 6 x r S 14, �yFFF / / L ,� LJAtc, 4 �\22 4 6.1 N4 a f / 28 c' 32 it Y • 9 4V 2L1. _ ' ,A u 15 '� HARBOR . 2.2 At 27,7 .�50� ; 71 6�,$ '•>,t.6Ald 1 7 'f•�}b)' i 21 629 2 )0 c »++ p�14:2 (• 24 25 » w u• m NgP(gYNEA IMO' •y sq'y R JS ] 6 ' g 2,2nJse oJ! 3 q n S c' Cr Aq6.4 46.q5M }4 t.6Aic) •693!a 4 5 tY //L 80Kg 41 s E]31�) „ /B 7(7 ��� G y ei}i '� r 6 5 0}Ip tla]u j4 t• 150' . OpCNARO 29 ' 11 � w 0 5 12 y 5 f3 8 Y 2t T'25 10 514 5T °'Y: IC)4 4 , N n A 315 .. ' O oe 1, Y T m y 4 K'�2 rn , r <01 29 § 3o 2�g t e t is 77� > „ - Y) x a e o 2 - y •'d n .>a f R f'r -3'• ARO S" a 10" 6?w Y,a 0 19.1 A 20.2 R C 28.1 6 'itlrX�p°IS1,$ Riu,�A 0✓, �' T. 28,2 KYtG g § 11 23 & u tz , .$ " y $ 411deo�y V 27 ii 32.3 l Al 5 { 1 t, c) y $12 " l8 y 3.50 1) � n $ ► � .�, �5 6 u '{ u, " ~;571 �w 2n Z3 24 . 26.5'*26g3c w- ll►W 5t. " 101N VF . E. 1yp1 „ m 00 16�2e16.1 "v 2Z §7„g F8.1 9A30.4� � 4 s0U1Rc40 a rcl ~w 17 9 tr p IUAOEraRNEA 1Z IMP) 32 � '15,11: 1972: 2.941c1 2.6AIc1O g u 4 19 V "I 31 F 3.SA1c1 t tw 4 14 4y19,3v .,Att•� ' ,•vu' "= Q 4 115.22 °lu ,)q•1 ' V to p A r k a20.5Y N 12.A �2) y�4 4,t c I6.1 1e.2 5 0 20. { 15plixa0 T 2D, a 20 9,2 SO Sl • 4 y i E UJ S2.2 5 1m e 5 i Z0.8 1 ,5er 6 2C4 Al PEC,QNIcS'y+62�241G) Mond ,pi°� .41vpkaVep 9, 0441H 01"F4a�54, !ll ngWCq TI[5 ,""'� F .611071H0 OIStRICTS, NOTICE COUNTY OF SUFFOLK © K 167 Ito 107N OF --... !i E.CT10N 11 1.t0gV11 ---- Y1INIINA)Y,E,AIiFRA1pN,SAIE OR 4 !' Red Property 1 E SOUT110�p IS a.l[H� '---- 461Rg1)T101Ta AHT PORIEMI Oi•llE I' Y oz Service Agency Y culpoaJt _- - - sn_ acTusc - sl'raK 6Q1NTr TA%WP 6 RRW401(D , C(xnly Centgr Riverneod,R Y 11901 16 Ill uge°q rita<t CF 'l- u51Eu1(R- 11Tg0V7 TIUTTEN pfrmum Or IIE SC(LE IN FEET, M 1 '- 'r _ R(Al PROPERIT TAX SERYICE sCENCT, 0 ( � A ''Sa DSiRiCT b 1000 __ P TSFAI r•(cbac 04r ---P----- --- y�R( +•„-u• - E01MRSON 01%, OCL 1411n APPEALS BOARD MEMBERS OG Southold Town Hall Gerard P. Goehringer, Chairman a�0 y� 53095 Main Road James Dinizio,Jr. y P.O. Box 1179 Lydia A.Tortora p • Southold,New York 11971 Lora S. Collins ZBA Fax (631)765-9064 George Horning ! �a Telephone (631)765-1809 BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD JUL Y 7 2023 FINDINGS, DELIBERATIONS AND DETERMINATION Zoning MEETING OF JUNE 8, 2040 9 Board Of Appeals Appl. No. 4821 - ELAINE ROMAGNOLI. This is a request for a Variance under Article XXIV, Section 100-242A based on the Building Inspector's May 9, 2000 Notice of Disapproval which states that the addition to dwelling has an existing nonconforming lot coverage and an increase in the nonconformance or degree of nonconformance is being created. Location of Applicant's Property: 1230 First Street, New Suffolk; 1000-117-7-29. Date and Place of Public Hearing: June 8, 2000; Southold Town Hall, Main Road, Southold FINDINGS OF FACT BASIS OF APPEAL: Building Inspector's amended Notice of Disapproval, dated May 9, 2000, denying a permit to construct a 5 x 12 foot addition to the house for the reason that this would increase lot coverage from 24.67% to 26.67%. The allowable coverage under Code section 100- 244 is 20%. RELIEF REQUESTED: Applicant requests a variance authorizing a 5 x 12 foot addition at the southwest front comer of the house, bringing lot coverage to 26.67%. REASONS FOR BOARD ACTION, DESCRIBED BELOW. On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) The lot measures only 3000 sq. ft., and the existing house is very small, shown on a survey dated January 18, 2000 at 705 sq. ft. Testimony at the hearing on June 8 indicated that the south-side "pop-out' is 7.5 sq. ft. larger than shown on the survey, making the house 712.5 sq. ft. (2) The Building Inspector's Notice of Disapproval states that current lot coverage is 24.67%; however, a house measurement of 712.5 sq. ft. results in coverage of 23.75%. In either case, coverage exceeds the allowable 20% and any expansion therefore requires a variance. (3) The proposed expansion is only 60 sq. ft. but according to applicant will significantly improve living conditions. Because the lot is only 3000 sq. ft., the expansion adds 2% to lot coverage. (4) This Board is generally reluctant to permit lot coverage on the scale proposed by applicant. However, the proposed addition merely fills in the southwest front corner of the house_ and-will-not-substantially-increase-its-bulk.—Because the property is bounded by water on the north and east, it does not appear seriously crowded despite the high degree of lot coverage. For these reasons, grant of the requested variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. Page 2 - Appl. No. 4821 1000-117-7-20(Romagnoli) June 8, 2000 ZBA Decision . RECEIVED JUL Y 7 2023 Zoning Q�O Boardof qp e p als (5) There is no evidence that grant of the requested variance will have an adverse effect or impact on physical or environmental conditions. (6) Grant of the requested variance is the minimum action necessary and adequate to enable applicant to enjoy the benefits of a more livable house while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Member Collins, seconded by Member Horning, it was RESOLVED, to GRANT the variance as applied for. VOTE OF THE BOARD: Ayes: Goehringer, Dinizio, Tortor oming, Collins. This Resolution was duly ADOPTED (5-0). GERARD P. GOEHRIN R, CHAIKMAN RECEIVED AND FILED BY THE SOUTHOLD TOW14 CLERL. ' DA (p Oct, g�`[G►4{h 1 Town Clerk, Town of BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson ���`��UIg. 53095 Main Road -P.O. Box 1179 James Dinizio,Jr. �l0 Southold,NY l 1971-0959 � Gerard P Goehringer R Office Location: George Horning r-� Q Town Annex/First Floor,Capital One Batik y 54375 Main Road (at Youngs Avenue) Ken Schneider ��ycQUSouthold,'NY 11971 http://southoldcown.northfork.ne,t RECEIVED ZONING BOARD OF APPEALS REMY D TOWN OF SOUTHO:LD JUL 17 2023 Tel.(631)765-1809- Fax (631) 765-9064 15-bo A. 2 .333' ?p Zoning Board of Appy I NGS,DELIBERATIONS AND DE'TERMINA3fthOld Town Clerk MEETING OF MAY 18,2011 ZBA FILE: 6462 NAME OF APPLICANT: Barry and Carol Sweeney PROPERTY LOCATION: 2395 Jackson St. and Second St., New Suffolk,NY STM41000-117-9-25 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK. COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated March 15, 2011 stating that this application .is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP- This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued his reply dated April 26, 201 I.Bas ed upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is EXEMPT from Coastal Consistency Review. Regarding the 6% over the 20% lot coverage variance: request is consistent in this instance; the action would not be discordant with existing natural scenic components and character. PROPERTYI=ACTS/DESCRIPTION• Subject property is; a non-conforming 10,340 sq, ft. lot improved with a two stay dwelling and accessory garage it is a corner lot with two front yards. It has 101.98 feet of frontage on Jackson St., 101,40 feet along Second St., 101.90 feet on the north property line and 101.47 feet along the west property line as shown on the site plan dated 2/22/11 prepared by Garrett Strang, Architect. BASIS OF AE'PLICATION: Request for Variance frorn Article'XXIII Code Section 280-124 and the Building Inspector's February 22, 2011 Notice of Disapproval based on an application for a building permit to construct A additions and alterations, including raising the dwelling for FEMcompliance, to a single family dwelling at 1) rear yard setback of less than the code required 35 feet, 2) lot coverage of more than the code required 20%. RELIEF REQUESTED: The applicant proposes to construct additions/alterations, including raising the dwelling to FEMA regulations, requiring variances for a rear yard setback of 24 feet-where-the code requires 35 feet and lot coverage-of 26%-where the code permits a maximum of 20%. ADDITIONAL INFORMATION: During the Hearing, the Board asked the agent to provide lot coverage of surrounding neighbors. In a letter, dated May 16, 2011 the agent for applicant provided a list of nine properties within 500 feet of the subject property with lot coverage above the 20% allowed by code and the information was Page 2—May 18,2011 ZBA FiW6462-Sweeney CTM: 1000-117.9-25 obtained from Southold Town records. The average lot coverage among the nine properties which 'EE"D 21%to 55% is 31.9%, is more than the applicant is requesting. FINDINGS OF FACT/REASONS FOR BOARD ACTION: JUL 17 2023 The 'Zoning Board of Appeals held a public hearing;on this application on May 5, 2011, at wh Zoite wrRt���ida �Pe oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property an Ppeals 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)lb)(1) Grant of the variance of will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. This area of New Suffolk consists of many non- conforrning lots with non-conforming setbacks. The applicant is removing the existing accessory garage and incorporating an attached garage into the proposed additions and alterations. 2. Town Law&267-W)(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. Due to the location of the existing dwelling on a small lot of 10,340 sq. ft. with two front yards,any renovations/additions to the dwelling will require variances. 3. Town Law &267-b(3)(b)(3) The variances granted herein are mathematically substantial. The rear yard setback represents a 31% relief from the code and the lot coverage represents a 30% relief from the code. However in comparison to other older improved lots in the area they are not substantial since there have been several variances granted in the area for rear yard setbacks and lot coverage. 4, Town Law X267-b(3)(b )L41 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 subject property is relatively flat and the control of drainage on site is proposed as per code. S. Towxt Law_X267-b(3X6)(51 The difficulty is self created in that the applicant chooses to increase rton- conformities on the subject property but the proposed non-conformities are in keeping with the nature of the existing non-conforming neighborhood. 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 renovated home while preserving and protecting the character of the neighborhood and the health, safety and welfare of the Community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-8, motion was offered by Member Goehringer, seconded by Member Schneider, and duly carried,to GRANT, the variance as applied for, and shown on the site plan dated 2/22/11 and construction drawings labeled SK-14 dated 2/1/1 1, SK -15 & SK..16 dated 2/22/11 prepared by Garrett Strang, Architect. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit,and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps,are not authorized under this application when involving nonco»fortuities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject Zoning Code, other than such uses,setbacks -property-that may violate the and other-features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. D Pagc 3�-May 18,2011 ZBA File46,162-Sweeney CTM: 1000-117.9-7.5 Yote o the 1�oard 1 Ayes:Members Weisman (ChuirHorning, Goehringer, Dinizio, S . This Resolution was duly adopted S-0). r C Leslie Kanes Weisman, Ch irperson Approved for filing s' /�� /2011 APPEALS BOARD MEMBERS n Ruth D, Oliva, Chairwoman ���F S'��T,y Mailine Address: P. Goehringei Gerard alp Southold Town Hall 53095 Main Road •P,O. Box 1179" James Dinizio, Jr. Southold,NY 11971-0959 en Michael A. Simon 4 Office Location: Leslie Kanes Weisman �� Town Annex/First Floor,North Fork Bank 54375 Main Road(at Youngs Avenue) Southold,NY 11971 httP://sotitholdtown.northfork.net FRECEIVED ONING BOARD OF APPEALS JUL 17 202 TOWN OF SOUTHOL.I) RECEIVED `t ` 4A goA,rn el. (631) 765-1809 @ F�'ax(631)765-9064 lEc r 3 2CC5 Zoning Board of Appeals n INGS, DELIBERATIONS AND DETERMINATION Y% � MEETING OF NOS/EMBER 9, 2006 Southold Town Cler; ZB File No. 5962—Joseph and Joan Fudjinski 'Property Location: 16500 Main Road (at Fourth Street), New Suffolk • CTM 117-9-13 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. PROPERTY FACTS/DESCRIPTION• The applicant's property is irr;proved with a main dwelling with three apartments and a two-family dwelling, evidenced by the Building Inspector's July 13, 2006 Preexisting Certificate of Occupancy No. Z-31715. Formerly, the property contained a two-story frame hotel and 1-1/2 story frame annex with and separate shower structures, asshown on the October 20, 1965 survey prepared by R. Van Tuyl, Land Surveyor, BASIN OF APPLI` CATION: Based on the Building Inspector's August 22, 2006 Notice of Disapproval citing Section 100.241 (280-121A), a variance is requested to make alterations to convert the existing main building with three apartments into a single-Family dwelling with two apartments. FIND. INGS OF FACT The Zoning Board of Appeals held a public hearing on this application on October 26, 2006, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: RELIEF RECIUE_ STED: The applicant wishes to make interior and roof alterations to an existing dwelling with three apartments, converting the main building to a single-family dwelling with two rental apartments, as more specifically detailed on a September 21, 2006 site diagram and related drawings prepared by James A. Richter, R.A. REASONS FUR BOARDACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The construction of a second-floor addition over a portion of the existing building footprint is a need to replace a portion that is in disrepair. All proposed alterations will not increase the size of the structure and the applicant is requesting a reduction in the number of units of this preexisting_ building. Page 2—November 9,2006 ZB File No. 5962—Joseph and JoaOn djlnski CTM No. 117-9-13 RECEIVED JUL 1 .7 2023 2. The benefit sought by the applicant cannot be achieved by some method, fe 36mirpgg I S-0 pursue, other than an area variance. The building was used as a hotel man f g�c4,nt to remained in its existing location (or footprint), y nd has P,ROals 3. The variance granted herein is not substantial. 4. The difficulty has not been self-created. 5. 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. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of the preexisting dwelling structure, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the Community. RESOLUTIQN OF THE BOARD: In considering all of the above factors and applying the balancing test under New York-town Law 267-B, motion was offered by Member Dinizio, seconded by Chairwoman Oliva, and duly carried, to GRANT the variance as applied for, as shown on the September 21, 2006 Diagrams Al through A4, and Diagrams S1, EX1 through EX4, prepared by James A. Richter, R.A. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when Involving nonconformities under the zoning code. This action does riot authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code,other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is)de minim increase the degree of nonconformity. is in nature for an alteration that does not Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Dinizio, Simon, and Weisman, This Resolution was duly adopted (5-0). Ruth D. Oliva, Chainv~^ 12/ tr /06 - Approved for Filing t Garrett A. Strang Architect 1230 Traveler St., Box 1412 Southold, New York 11971 Telephone (631) 765-5455 � Fax(631) 765-5490 May 16, 2011 RECEIVED MAY 16 2011 RECEIVED Leslie Kanes Weisman, Chairperson BOARD OF APPEALS -JUL 1 7 2023 Town of Southold -1( 3-D Zoning Board of Appeals Zoning Board of Appeals POB 1179 Southold,NY 11971 Re: Proposed Alterations and Additions to Existing residence 2395 Jackson St.New Suffolk,NY, SCTM# 1000-117-09-25 Appeal#6462 Dear Ms. Weisman and Members of the Board: As per your request at the conclusion of the public hearing,the following is a list of properties in the immediate area of the subject residence,all of which exceed 20%lot coverage based on information obtained from Southold Town records. 1000-117-7-8.1 22% 1000-117-8-4 22% 1000-117-8-6 38% 1000-117-8-9 25% 1000-117-8-14.1 55% 1000-117-9-13 35% 1000-117-9-19.2 21% 1000-117-9-21 41% 1000-117-10-17 28% As stated in our application,a contributing factor to the increase in lot coverage is based on the FEMA requirement to abandon and fill in the existing basement area,thereby making it necessary to relocate mechanical equipment/laundry/storage up to the first floor. It is unique to this property as the"A"and "X"flood zones bisect the existing house. If the house were entirely in the"X"zone,as are neighboring properties,we would be able to continue using the existing basement area. I trust this adequately answers your question and look forward to receiving your determination. Thank you for your courtesy in this matter. Very truly your .,- arrett A. Strang, R.A. Architect 1v o�oS�FFoc��o s o Southold bwn Board of A eats MAIN ROAD- STATE ROAD 5* 1.Y. 11971 TELEPHONE(516)765.1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3470 Application Dated February 20, 1986 (Public Hearing March Mtaken TO: Mr. and Mrs. Athanas Zamphiroff 17195 Main Street, P.O. Box 255 New Suffolk, NY 11956 At a Meeting of the Zoning Board of .Appeals held on April 3Bea I'd Is the above appeal was considered, and the action indicated be on your [ ] Request for Varia)ace Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Suction [X] Request for. Variance to the Zoning Ordinance Article III , SEaction 100-31 , Bulk Schedule [ l Request fol: Application of ATHANAS AND RUTH ZAMPHIROFF for a Variance to the Zoning Ordinance, Artic e III,Section ]=T'f_,_'9ulk Schedule for permission to construct addition of 190± sq. ft. in area which will exceed the maximum-permitted lot covE:rage requirement of 20%. Location of Property: 17195 Main Street (a/k/a 720 Second Street) , New Suffolk, NY; County Tax Map Parcel No. 1000-117-08-13. WHEREAS, a public hearing was held and concluded on March 13, 1986, III the Matter of the Application of ATHANAS AND RUTH ZAMPHIROFF under Appeal No. 3470; and WHEREAS, the board members have personally viewed and are familiar with the premises in question and the surrounding area; and WHEREAS, the board has !considered all testimony and documentation submitted concerning this application; and it is noted for the record that no public opposition has been received; and WHEREAS, the board made the following findings of fact: I . The property in question is identified on the Suffolk County Tax Maps as District 1000, Section 117, Block 08, Lot 13, consisting Of a total area of 12,300 sq, ft. , more or less with 128.40 feet along the north side of Main Street and 95.80 -feet along the east side of Second Street, New Suffolk, New York. 2• By this application appellants request a Variance from the provisions of Article III, Section 100-31 , Bulk Schedule, for permission to construct an additionalsecond-story bedroom and deck along the . 190 feet (maximum) for a staircase to a proposed south side of an existing one-story, single-family bungalow, to be set back no closer than 12 '8" from its front property line along Main Street, and as shown by sketch submitted with this application and Notice of Disapproval dated February 6-, 1986. -- - -- __ CONTINUED ON PAGE TWO) DATED: April 10, 1986, CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal No. j4/0 Matter of ATHANAS AND RUTH ZAMPHIROFF Decision Rendered April 3,1986 RECEIVED 11L 1 ?2023 Zoni o�ro 3. The Notice of Disapproval dated February 6, 1986 i dica'P&Boar c , that the proposed addition ". . . increases lot coverage to 2835. ;JA� a�s sq. ft. Present lot coverage is 2649 sq. ft. . . 20Y lot coverage allows 2467.82 sq, ft. . . . " 4. The subject premises is presently improved with four existing single-family, one-story frame bungalows with porch areas as shown by copy of survey dated December 10, 1965. 5. it is noted for the ermit and certificate of occupancy #9018ewas dthat a issuedonc�May�17,ng p1978, and renderredrior a0ctober 3roval 1,the 1977ofor the of existing derporch Appeal ion#2345 o bungalow in question. 9 Porch addition of the 6. It is also noted for the record that there is a prior approval of record under Appeal No. 540 rendered January 31 , 1963 (Walty) for anaddition and insufficient setback as noted therein. In considering this appeal , the board finds and determines : (a) that the relief as ranted 'is not substantial in relation to the requirements; (b}q that the circumstances are unique; (c) that the public health, welfare, safety, order and convenience of the town will best be served by allowing the variance as amended by this board; (d) that by allowing the relief requested, a substantial change would not be created in the character of this neighborhood; (e) that the spirit of the zoning ordinance and interests of justice will best be served by allowing the variance as applied. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to approve the relief requested for an additional 190 sq. ft. maximum for a staircase to proposed second-story bedroom ied peal No. 3470 in t.he Matter ofnthe eApplication ck area as aoflATHANASE1AND PRUTH ZAMPHIROFF. SUBJECT TO THE FOLLOWING CONDITIONS:- 1 - ONDITIONS:1 . The relief granted not exceed 190 sq. ft, in area, and 2. That the second-story balcony/deck area not exceed 10' by 15' as proposed. Vote of the Board: Ayes : Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki . This resolution was duly adopted. GERARD P. GOE:H INGER, 'AIRMAN April 10, 1986 RECEIVED AND 1+IF,6D BY TIi4 SOU'T!-1C LD TOV.714 C;LI:i X DATE HOUR Towri Clerk, Town of Southold i BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson 53095 Main Road• P.O.Box 1179 Eric DantesSouthold,NY 11971-0959 Gerard P.Goehringer ' Office Location: Town Annex/First Floor,Capital One Bank George Horning �® �� 54375 Main Road(at Youngs Avenue) Kenneth Schneider' ��'C®w 'Southold,NY 11971 http://southoldtown.northfork.net � �® t' ZONING BOARD OF APPEALS MAR 2 2 2016 TOWN OF SOUTHOLD 7 Tel. (631)765-1809•Fax(631)765-9064 Z UILw0, " 6uthold-Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATIO MEETING OF MARCH 17,2,016 ' RECEIVED ZBA FILE#6931 JUL j 7 2023 NAME OF APPLICANT: Michelle Roussan (� PROPERTY LOCATION: 865 Second Street,New Suffolk,NY SCTM#1000-117-8-1 -'oning Board of Appeals SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA, ' LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268, PROPERTY FACTS/DESCRIPTION•.Applicants parcel is n6n-conforming, consisting of 11,671.9 sq, ft, in a R40 residential district. The parcel has 98.92 feet on Second Street, 118 feet on the north property line, 98.94 feet on the westerly property line, and 118 feet on the south property line. It is improved with a one story frame ranch type dwelling with an attached two car garage, Shown on a site plan prepared by Thomas Samuels, Architect, dated January 27, 2016. BASIS OF APPLICATION: Request for Variances from Article III Section 280-15 and Article XXIII Section 280-124 and the Building Inspector's January 20, 2016 Notice of Disapproval based on an application for a building permit to construct an accessory garage at: 1) proposed in location other than the code required rear yard, 21 lot coverage proposed at more than the code maximum allowed of 20%. RELIEF RE__Q_Ll]?STEb: The applicant requests variances to locate a proposed accessory two car garage, in the front yard at a conforming front yard setback where the code requires a rear yard locationcoverage of, and lot 23,07%,where the code permits a maximum of 20%. ADDITIONAL INFORMATION: The applicant proposes to convert the space in the existing attached two car garage into habitable space, and to construct a new 18 ft, x 22 ft, accessory 1 '/z car garage. FINDINGS OFA/REASONS FOR BOARD ACTION: • _ Tlfe Zoning Board of Appeals held a public hearing on this application on March 3, 2016 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: RECEIVED Page 2 00—March 17,2016 ZBA#6931—Roussan JUL 1 7 2023 SCTMIi1000-117-8.10 _�-3 1. Town Law §267-b(3)(b)(11� Grant of the variances will not produce an undesirable ch rZonri gg Board of Appeals p fhe character of the neighborhood or a detriment to nearby properties. The subject parcel is similar in size and non-conformity to other nearby parcels. The present home takes up much of the width of this very wide parcel, The mature trees and plantings on the subject property will effectively screen the proposed accessory garage from view. 2. Town Law_§267-b(3)(b)(2), The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. Because of the existing location of the dwelling the applicant simply has no conforming rear yard and therefore can only place an accessory garage in the front yard area in a location adjacent to the existing driveway, 3. Town Law §267-b(3)(b)(3) The variances granted herein are mathematically substantial, representing 100% relief from the code for the front yard location and 15.45'o for excessive lot coverage. However, the proposed accessory garage will be well screened from the road and neighboring properties by existing mature landscaping and the minimal size of the proposed accessory structure which is only 396 sq, ft. and 12 feet high. 4. Town Law__§267-b(3)(b)(4) No Evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law §267-b(3)(b)(51. 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 F1.67-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new 18' by 22' accessory garage in the front yard area while preserving and protecting the character of the neighborhood and the health, safety and welfare'of the community. RESOLUTION OF THE BOARD; In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Member Weisman (Chairperson), and duly carried, to GRANT the variance as applied for, and shown on the site plan prepared by Samuels and Steelman Architects and dated January 16, 2016. Subject to the following condition; CONDITION: 1. The accessory garage shall only be used for storage, That the above condition be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation fi•orn the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require anew application and public hearing before the Zoning Board of Appeals, Any deviation from the variances)granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature oj'the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the .Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County CIerk, within three Page 3 of 3—March 17,2016 RECEIVED ZBA#6931—Roussan SCTM#1000-117-8-10 JUL 17-2023 (3)years from the date such variance was granted. 'The Board of Appeals ma , upon writtenp request prior,to the date of expiration,grant an extension not to exceed three 35%f]Qe8u - 0 (1)year terms. ppeals Vote of the Board. Ayes: Members Weisman (Chairperson), Dantes, Horning, Goehringer, Schneider. This Resolution was duly adopted (5-0). J Leslie Kanes Weisman, Chairperson Approved for filing 3 /a f /2016 BOARD MEMBERS Southold Town Hall Leslie Danes Weisman,Chairperson ��®F ®Uj�® 53095 Main Road • P.O.Box 1179 Patricia Acampora '�® �® Southold,NY 11971-0959 Eric Dantes Office Location: Robert Lehnert,Jr. Town Annex/First Floor, Nicholas Planamento Q'r® ® a® 54375 Main Road(at Youngs Avenue) lh�c®U���� Southold,NY 11971 RECEIVED http://southoldtownny.gov ZONING BOARD OF APPEALS JUL 17 2023 TOWN OF SOUTHOLDq� Tel.(631)765-1809 -Fax (631)765-9064 Zoning Board of Appeals PP2 VED FINDINGS,DELIBERATIONS AND DETERMINATION 'IMEETING OF SEPTEMBER 20,2018 /nZ�Qjg�n ZBA FILE: #7193 So thold Town Clerk NAME OF APPLICANT: Donald Brennan, Cottage out Third, LLC PROPERTY LOCATION: 850 Third Street,New Suffolk,NY SCTM: 1000-117-8-7 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type 11 category of the State's List of Actions, without further steps under SEQRA, SUFFOI,I_ COUNTY ADMINISTRATIVE CODE: This application was not required to be referred under the Suffolk County Administrative Code Sections A 14-14 to 23, LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268, PROPERTY FACTS/DESCRIPTION The subject, 8,420,6 square feet, non-conforming rectangular lot located in the R40 Residential Zoning District measures 1.00,81 feet fronting on Third Street, with a northern lot line of 86.13 feet shared with a residential neighbor, an eastern lot line of 98,94 feet along a second residential neighbor and a southern lot line of 86.10 feet shared with a third residential neighbor, The site is improved with a two--story, wood frame dwelling with an attached, one-story wood frame enclosed front porch, a one-story wood frame addition to the south, a frame garage and rear wood patio. There is a stone curb asphalt driveway, wood shed and 6 feet high stockade rear fencing along with 4 feet high side fencing, as shown on the survey by Donal A. O'Buckley,Professional Land Surveyor and dated March 27,2017. BASIS OF APPLICATION: Request for two Variances from Article XXIII, Section 280-124 and the Building Inspector's April 19, 2018, Notice of Disapproval based on an application for a building permit to demolish an existing dwelling and to construct a new single family dwelling, accessory pool house and an accessory in-ground swimming;pool; at; 1) single family dwelling located less than the code required minimum front yard setback of 35 feet; 2) proposed improvements more than the code permitted maximum lot coverage of 20% at: 850 Third Street, New Suffolk,NY, SCTM#1000-117-8-7. RELIEF 1tE iJESTED: The applicant requests variances-to demolish-the existing site improvements, totaling -1,65-8 square feet-(1-9,62% lot coverage) consisting of a single family residence with an attached deck and garage and detached shed, located at the closest point 4.1 feet from the front lot line, where the Code requires such improvements to have a minimum front yard set-back of 35 fret and to build in its place a two-story, single family r6sidence measuring 47.5 feet by 22.5 feet for a total first floor footprint of 1,069 square feet with an attached front i Page 2, September 20, 2018 RECEIVED #7193, Cottage on Third LLC—Brennan JUL 112023 SCTM No. 1000-117-8-7 -100.30 Zoning Board of . Appeals porch measuring 7 feet by 12 feet for an additional 84 square feet, along with a proposed 16 feet by 32 feet in- ground swimming pool of 512 square feet and a proposed 20 feet by 24 feet garage pool house of 480 square feet, for a total of 2,145 square feet (25.47% lot coverage) where the Code limits such improvements to 20%, necessitating the need for a second, lot coverage,variance. ADDITIONAL INFORMATION: The applicant's agent provided the addresses of four area residences with less than Code conforming front yard setbacks and five variances in the immediate vicinity for similar relief relative to front yard setbacks or lot coverage for existing structures, and accessory structures, including files: #6708 granted January 23, 2014 for front yard setback and garage in partial front yard #3873 granted December 19, 1989 for excessive lot coverage #6462 granted May 18, 2011 fol-excessive lot coverage #6931 granted March 17,2016 for excessive lot coverage and construct garage located in other than rear yard #6270 granted June 16, 2009 for front yard setback relief and excessive lot coverage A neighbor spoke during the public hearing against this application citing change in community character and identity, FINDINGS OF FACT/REASON'FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on September 6, 2018 at which time written and oral evidence were presented. Based upon all testimony, documentation,personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 5267-b(3)(b)(1) Grant of the variance relative to the front yard setback will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The site is presently developed with a single-family residence built prior to zoning, characteristic of most of the `village grid' of New Suffolk, which contains numerous principal and accessory structures with non-conforming setbacks, due primarily to the small lot sizes and historical development of the area. The applicant proposes to maintain the existing footprint of the residence slated for demolition, however shifting it slightly to the north allowing for widening of the driveway, and placing accessory structures in Code conforming locations. Further reducing the relief requested relative to the front yard setback is a grassy buffer approximately 16 feet wide, owned by the Town of Southold, along the street creating a visual front yard of approximately 20 feet. Grant of the variance relative to lot coverage will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. While New Suffolk is densely developed and many small lots feature a primary residence and accessory structures, few small lots enjoy the benefit of both accessory structures and an inground swimming pool. 2. Town Law 267-b(3)(b)(2). The benefit sought by the applicant regarding the front yard setback cannot be achieved by some method, feasible for the applicant to pursue,'other than an area variance. The existing residence has a non-conforming front yard setback and any alteration or addition will require a variance. Moreover, the existing residence is old, in a state of disrepair, and built on a poor foundation. It would be too costly for the applicant to completely renovate the existing home and to bring it up to modern standards relative to high wind building codes and modern comfort. The benefit sought by the applicant regarding the lot coverage can be; achieved by some method, feasible for the applicant to pursue,-other than an area variance. The applicant can build a smaller house or choose between accessory structures to conform to the Code limitations. 3, Town Law 267-b(3)(b)(3) The variances granted herein are mathematically substantial, representing 88.3% relief from the Code relative to the front yard setback and 27.35% relief from the Code relative to lot coverage. ERECE'VED Page 3, September 20, 2018 #7193, Cottage on Third LLC—Brennan S 1 - 2023 SCTM No. 1000-117-8-7 .� oardl f ppeals The proposed structure utilizes the existing footprint with the non-Conforming front yard setback remaining the same. As a result of the overall proposed improvements, excessive lot coverage exists and while the hamlet of New Suffolk is noted for higher density of development relative to lot size, the proposed improvements should be viewed as new construction and more closely mirror current zoning requirements. No residential property of similar lot sizes in the immediate area enjoys the benefit of an accessory garage pool house and in-ground swimming pool with non-conforming lot coverage. Moreover, the applicant failed to provide proof that residential properties in the immediate area on similar lot sizes had received variances that contain both accessory garages and swimming pools with non-conforming lot coverage. 4. Town Law $267-b(3)(b)(41 Evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. The proliferation of in- ground swimming pools with accessory pool house/garages on small lots, where lot coverages is exceeded, would change the character of the neighborhood, 5. Town Law$267-b(3)(b)(5) The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the 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, relative to the front yard setback, is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a 47.5 feet by 22.5 feet, 1,069 square feet footprint, two-story residence with a 7 feet by 12 feet, 84 square feet open air porch while preserving and protectingthe character of the neighborhood and the health, safety and welfare of the community. Grant of the requested relief, relative to lot coverage for accessory pool house measuring 20 feet by 24,feet and an in-ground pool measuring 16 feet t byLt32 feet res ludinot theng a garage mn imuml action necessary to enable the applicant to enjoy the benefit of an accessory structure(s) while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community, RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Planamento, seconded by Member Acampora, and duly carried, to GRANT the variance for a front yard setback as applied for, DENY the variance for excessive lot coverage as applied for, and shown on the survey by Donal A. O'Buckley, Professional Land Surveyor and dated March 27, 2017 and the site plan 6'y West Creek Builders and stamped by John J. Condon, Licensed Professional Engineers and dated March 12,2018 and the construction drawings by West Creek Builders labeled Al —Al 1 and dated March 27, 2018. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible dental by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s)granted herein as shown oft the architectural drawings, site plan and/or survey cited above, such as alterations,- extensions, or demolitions,- are-not authorized under this application when involving nonconformities under the zoning code, This action does not authorize or condone any current or future use, setback or other feature of the subject property) that may violate the Zoning Code, other than such uses, ,setbacks and other features as are expressly addressed in this action. r Page 4, September 20,2018 Qg8 ED #7193, Cottage on Third LLC—Brennan SCTM No. 1000-117-8-7 23ppeaThe Board reserves the right to substitute a similar design that is de minimis in naturnes not increase the degree of nonconformity. Pursuant to Chapter 280-146(B) of the Code of the]'own of Southold'any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one (1)year terms. Vote of the Board: Ayes: Members Weisman(Chairperson),Dantes,Acampora,Planamento and Lehnert. This Resolution was duly adopted (5-0). Leslie Kanes Weisman Chairperson Approved for filing . 5id:.+fd�fT.Y�F-._.:Ni:'sa°�KaF:aR7G s A —WOW' � - McElroy Property � �� � � ' �� Legend REc IVSD � r �" M fig u . , Write a description for your map. ` _; -- , 44 3rdSVUL 723 t .', y aUn r ry i+ i 4 - t �r f1 +' ,�•.. ` Fey{ y J/.f _ a�C{ ,'.. � �) v _ .. -v . c 3 uziai Service R • ra w , '.V' 5��, b 1 K.x �1 �r �jY ��. 7� ,. rte` J�F • ,aq' v - a� rt �py _ f t ot e tr Yj ��c x 7` r • I TOXON OF SOUTHOLD PROPERTY R1 � �-'a`l OWNER ^'a^ J C ` '*`x""'a STREET �� fi VILLAGE DISTRICT SUB. LOT ,r✓ e..�,c. "fir ✓ — v _I— A-41t a- " ! 7'- FOR ER '-FORMER OW ER N E .� .. ACREAGE a �°° S ,.� W r TYPE OF BUILDING a y� �'i e{e~/i c� r++ L..J`7`• c,�cl G.if'�''4 h c.�� � s' �r/� .�7c't`.+ �t RFS. ; j t5 SEAS. VL. FARM COMM. IND. CB. MISC. Est. 6kt. Value — LAND IMP. TOTAL DATE REMARKSQ1� # / f rst �1-dtrrth�?' C C es.« ,V /;4 4. "' ' SCJ ? �' J/� � 1, ,/ !.?r�/ sT: . ✓11TC „a, �►,r ,/ 7tQ �` �i, o v '' `3ca ,3 t�3 �e. tti ear c 43 LI�� —t f V© - - - —-- — ---- - - - — — - AJL 1 T 2023 p 16 � 34'1110 0q 10 o AGE B D NG CO ITI N -- J Zoning Board of NEW NORMAL BELOW ABOVE FRONTAGE ON WATER - — --- - Farm Acre Value Per Acre Value FRONTAGE ON ROAD A BULKHED / 1J� able 1 1 !`�r / / �� A q�5115, Tillable 2 DOCK1�1 Tillable 3 Woodland Swampland I Brush1gsc��---* House Plot Total , t•. _ RECEIVED JUL 1 7 2023 Oki- - • y: • onin Bpw - Y I `ff{3 —� a 117.-9-20 cabin 03/2015 .b �7n! I All 4f3 M. Bldg. ! ,v , X 3 C ` , �=--° .3,.2 �..r Foundation Bath Extensi a 1 s' ( Bdsement Floors Extension' V 2 st s = ! G Ext. Walls i Interior Finish Extension /` ' /p Fire Place / Heat Porch . Roof Type ! I (( I Porch i Rooms 1st Floor —t------- -' – --. -- BmeX+ 3 Z J �' ,Z?- 7 �'/ Patio Rooms 2nd Floor 'oy Garage G '��y. ` y S6 2 fr Driveway Dormer 7,?.? �� I SCTM # _ s Ila ` TOWN OF SOUTHOLD PROPERTY RECORD CAR - I OWNER STREET, VILLAGE I DIST. SUB. LOT ACR. REMARKS TYPE OF BLD. �i t PROP. CLASS y tLAtND c IMP.. TOTAL DATE .� JUL 17 20 e�als oni i 1! 5• 1 FRONTAGE ON WATER HOUSE/LOT �) I ;! BULKHEAD TOTAL i THIRD STREET I o Now— g.. d EDGEOF PAVEMENT ° ° N d I.� 4 N 05002730!! v APRONN BL0 BELGIA E ° ' ISLATE WALL 4.1 z >A 140.97' C-1 co FENC I �x q d I c n m I v 10.3'S. PICKET FENCE 0 A7 0.9'N. co ROOF OVER CD ro m CONC. APRON. q u o 0 n I O CON OVER I 16.2' m ` 1 10.4' cn �o N y 34.2' ; O 25.3' to00 c I 0 5.5.n mpp 02 L/1 7C �r N NOS W o 0 2 .: R7 n'1 n om?, O O e.• 1+1 y -s( ;oW 2 STORY I -yi w 16•z' FRAME HOUSELn ut = N rn WOOD.DECK PRQP 2nd STORY;? 19 0' Z e x O '.ADDITION:::::'::: -ny " 25-3 ` ,2.� :: :::::::::::::: z a S381MROOF OVER OddF1113N0 WOOD PO RCH 4swtDEaDs x 1111-1;111111117_71 .2• b c -1FiS �-COVE � �' ��� .1 � cc R 0 �-I-' -PROPOSED,-I��^l y0 11_W/P IO ON a CCRADF 11 N �� SLATE PA-no11 Avl NG 5TONE5 ° z z '� BRICK WALK �ZI TO BE REMOVED p I� O d a FRONT SETBACK .:': :: :': :' ?l:;:i;l;: ::: , 40.8 m -'`'`'`'`'`'`PROPCIS i i o o I O 4''`' "�, o ' � cn 70.4' s";: E : : : : :;:: : ?; E ` sioE s CK T- m °' �m FENCE 0, WOOD /� 12.3' �,-4 S f •r t� ITS I W y I N m o'" vi O No Trn vd O SHED om Fm I p > W y S 05°03'10" 1 0.6-W. F� o pw wo YV FENCE 12.3• TDO U d 1.0'W. _ o.,i a^'z o "� a z c CONC. BLOCK WALL a T mM M0 r+i0 F po WALL _ m m o 141 .6 7-1 D.9'E M Ri z e. ANN/%,r,,.. J � �^ 1 . .' -••`k' --'' � •.tai i >•i .. �•^'�ir'•_ t";•vii'- ����z: :. r "K wok , � rY� *' •, "II (2)McElroy Property 2023 Taken July 3,2023Looking ENE Zoning Board Appeals (I)McElroy Property July 3,2023 Taken Looking SE i K •y l v y, `�" � � '�� 2023/07/03 13•:.58 's s -r y. YEA Y ►` "�� I �{ ITOw 40 .fit 4)McElroy Property 4 Taken July 3,2023 AUL 1 7 2023 Looking North .r y f /'1 AK , ; x! - - s it ML 1:10 ZIA ��,:� � ^fir � :,a ��� '� -'•�� �'• 1YY; at' • . 7 [SV W M M I o y t i ( 3)McElroy Property Taken July 3, 2023 Looking ENE t� 3 A i r , �Y + �+"+�. -t• (6)McElroy Property Taken July 3, 2023 ,x h JUL 1 72023 Looking West .ti �'i 1 .✓ e i`• � y 'lip.�. Ow- J16'19 (5)McElroy Property Taken July 3,2023 Looking ENE ✓-. A , ^ '0i ` +6 6s, ,:•. AWL- dA w CEI i ( 8)McElroy Property Taken July 3,2023 JUL 17 2023 Looking NNW y ` Is ^r. .,4 � �a ~ SwF - 1•. - t w --'�.,�/ f• tit ���".`,.�. .`� �. '��"• 2029§077 Ulm CIA ' (7)McElroy Property Taken July 3, 2023 Looking South r T ZBA CHECK FEES - 2023 Funding Account - B2110.10 DATE NAME ZBA FILE# FEE CHECK# DATE SENT TO TCO 7/17/2023 McElroy, Patrick 7830 $1,250.00 4036 7/21/2023 7/17/2023 McElroy, Patrick 7830 $1,000.00 4119 7/21/2023 7/17/2023 Sutton,Tracy&Alex 7831 $1,500.00 6984 7/21/2023 7/19/2023 Disapio,Charles 7832 $1,500.00 1276 7/21/2023 7/19/2023 Martin, Robert 7833 $750.00 257 7/21/2023 7/20/2023 Finnegan for Pisani, Edwin 7834SE $500.00 1264 7/21/2023 7/20/2023 Finnegan for Pisani, Edwin 7834SE $500.00 1266 7/21/2023 $7,000.00 RECEIVED JUL 2 4 2023 Southold Town Clerk 41. Ivn of Southold F.0 Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 07/24/23 Receipt#: 313696 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7830 $2,250.00 1 ZBA Application Fees 7831 $1,500.00 1 ZBA Application Fees 7832 $1,500.00 1 ZBA Application Fees 7833 $750.00 1 ZBA Application Fees 7834SE $1,000.00 Total Paid: $7,000.00 Notes: J Payment Type Amount Paid By CK#1264 $500.00 Finnegan, Law P. C. CK#1266 $500.00 Finnegan, Law P. C. CK#1276 $1,500.00 Finnegan, Law P. C. CK#257 $750.00 Martin, Robert CK#4036 $1,250.00 McElroy, Patrick& Kerri Ann CK#4119 $1,000.00 McElroy, Patrick & Kerri Ann CK#6984 $1,500.00 Sutton, Alexander&Tracy Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Finnegan, Law P. C. PO Box 1452 Maiituck, NY 11952 Clerk ID: JENNIFER Internal ID:7834SE SOUTHOLD BOARD OF APPEALS PRIOR FINDINGS, DELIBERATIONS AND DETERMINATIONS REQUEST FOR COVERAGE VARIANCES 1. ZBA File # 4821: Approval to construct addition to dwelling to increase coverage from 24.67 to 26.67% . 2. ZBA_File# 6462: Approval to construct additions and alterations with a lot coverage of 26% Note: In Additional Information, the Board was provided a list of nine properties within 500 ft. ( applicant adjoining property) obtained from Town records. The average lot coverage among the nine properties varied from 21% to 55% is 31.9 %. The Board stated that was more than the applicant was requesting. The Board approved 26%. 3. ZBA File# 3107: Approval of a proposed deck addition for a total lot coverage of 23%. 4. ZBA File# 5962: Approval of a second floor addition over a portion of existing dwelling for a total lot coverage of 24% 5. ZBA File# 3470: Approval of additions to an existing dwelling 23% 6. ZBA File # 6931: Approval construction of accessory two car garage lot coverage of 23.07%. ®C' Olt R AO 94V f908b2O3-bd63-423e-a024-2db22f103ecd 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.—CWSG 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;located at: 38015 NYS Route 25,Orient, NY.SCTM No. 1000-15-2-15.7. 10:20 A.M.-JOSEPH C, MCCORMACK,JR.#7828.- Request for Variances from Article XXIII,Section 280- 124,and the Building Inspector's June 28, 2023 Notice of Disapproval based on an application for a permit to demolish (as per Town Code definition) and reconstruct a single family SOUTHOLD TOWN BD OF APPLS 2 f908b203-bd63-423e-a024-2db22f103ecd kimf@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.-ROBERT S. 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-aO24-2db22f103ecd kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times 15 feet; 3)the construction exceeds the permitted sky plane as defined in Article XXXVI,Section 280-4 of the Town Code; located at:750 Brooks Road (adj.to Pipes Neck Creek,Greenport, NY.SCTM No. 1000-53-1-16. 1:00 P.M.-CHARLES DISAPIO AND XANNE PEREZ#7832-Request for a Variance from Article III,Section 280-13C, and the Building Inspector's July 13, 2023 Notice of Disapproval based on an application for a permit to legalize an "as-built" artist studio with a half bathroom in an existing accessory garage; at 1)the proposed use in the accessory building is not a permitted accessory use; located at: 5780 New Suffolk Avenue, (adj. to Deep Hole Creek) Mattituck, NY.SCTM No. 1000-115-10-7. 1:10 P.M.—EDWIN J. PISANI#7834SE-Applicant requests a Special Exception under Article III,Section 280-13C(13). The Applicant is owner of the subject property requesting authorization to establish an Accessory Apartment in an existing accessory structure;at:7180 Peconic Bay Boulevard, (adj.to Great Peconic Bay) Laurel, NY.SCTM#1000-126-11-9.1. 1:20 P.M.—WILLIAM AND STACEY BRENNEN#7837-Request for Variances from Article XXIII,Section 280-124;Article XXXVI,and the Building Inspector's July 24, 2023 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling; at 1) located less than the code required minimum side yard setback of 15 feet; 2) located less than the code required minimum combined side yard setback of 25 feet; located at: 1050 Trumans Path (Adj.to Marion Lake), East Marion, NY.SCTM No. 1000-31-12-5.1. 1:30 P.M.—NORTH FORK PROJECT 2, LLC. & NORTH FORK PROJECT 3, LLC.#7836- Request for Variances from Article III,Section 280-14 and Article III,Section 280-15;and the Building Inspector's June 20,2023 Notice of Disapproval based on an application to create a two lot subdivision; at 1) proposed Lot 1 is less the code required minimum lot size of 80,000 square feet; 2) proposed Lot 1 is less than the required lot depth of 250 feet; 3) a Greenhouse located on proposed Lot 2 is less than the minimum required side yard setback of 20 feet; located at 10020 Sound Avenue and 9650 Sound Avenue, Mattituck, NY. SCTM No. 1000-122-2-8.1 and 1000-122-2-24.4. 1:40 P.M.-CHRIS AND MARISA LAZOS#7809—(Adj.from Sept.7, 2023) Request for Variances from Article IV,Section 280-18;Article XXIII, Section 280-124;Article XXXVI,Section 280-207A(1)(b); and the Building Inspector's March 10, 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.- BLIDD'S POND MARINA, INC.,AKA ALBERTSONS MARINA,WIRELESS CELLTOWER#7839: Request for Variances from Article X111, Section 280-53; and the Building Inspector's August 9, 2023, Notice of Disapproval based on an application for a permit to construct a new SOUTHOLD TOWN BD OF APPLS 4 f908b203-bd63-423e-a 024-2db221`103ecd I(imf@southoldtownny.gov AFFIDAVIT OF PUBLICATION �,C"'L4, The Suffolk Times UU 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/weblink/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 i' f908b203-bd63-423e-a 024-2 d b2 2f103 e cd 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 o4vne %11�`),A, 4/11101 ® STAKE OF NBA'YORK '. s ; NOTARY PUBLIC -- - :G- .13\NF - '-nj -- ---- - - ------- -- - - — - UI It E(0984.I1 2 Notary Public Stamp ' ✓sl�t%SSS'• :�'���������`w �°dNalaa3elu�����, SOUTHOLD TOWN BD OF APPLS I BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson so 53095 Main Road•P.O. Box 1179 Patricia Acampora Southold,NY 11971-0959 Eric Dantesci[ Office Location: Robert Lehnert,Jr. G Town Annex/First Floor Nicholas Planamentor► �O 54375 Main Road(at Youngs Avenue) � CUUNTY, 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: 10:30 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. .The Board of Appeals will hear all persons or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review on The Town's Weblink/Laserfiche under Zoning Board of Appeals (ZBA)\Board Actions\Pending. Link: http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. If you have questions, please telephone our office at(631) 765-1809, or by email: kimf@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/USP--S) - - - - --- — — - — -- — P.O. Box 1179 Southold, NY 11971-0959 Town Hall Annex, 54375 NYS Route 25 P.O.Box 1179 2 Southold,New York 11971-0959 ®�� • o��' 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 CAlZ+E�FULLY. 1. Yellow sign to post on your property a minimum of seven(7) days prior to your hearing, to be placed not more than 10 feet from the front property line (within your property) bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both street frontages. Posting should be done no later than September 28, 2023. To avoid weather damage to your sign please affix it to a sturdy surface such as plywood. If your sign is damaged please call the office and we will provide you with another one. Prior to your public hearing, members of the Board of Appeals will each conduct a personal inspection of your property. If a Board member reports that there is no signage visibly on display as required by law,your scheduled hearing will be adjourned to a later date to ensure compliance with Chapter 55-1 (B) 1 of the Town Code. 2. SC Tax Map with property numbers. 3. Legal Notice of in person meeting,as well as video conferencing. Instructions for participation will follow, and will be posted on the Town's Website under the meeting date, and the Legal Notice section of Suffolk Times Newspaper. 4. Affidavits of Mailings and Posting to be completed by you, notarized, and returned to our office along with the mailing receipts and green cards by 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 Hearilis Page 2 MAILING INSTRUCTIONS: Please send by SPS Certified Mail Return Receipi 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@southoldtom pa.go or elizabeth.sakarello sktown.southold.U.us c. Instructions for Laserfiche/Weblink to view all pending applications. (Enclosed) Link to view pending applications: http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. d. Survey or Site Plan depicting"as-built" and proposed improvements requiring ZBA relief. The Town's Laserfiche/Weblink files provides both location addresses and mailing addresses in their current Assessment Roll listing. (See Link Below). Also,the.Town Assessor's Office can be reached at 631-765-1937. Contact us via email or by phone if you need further assistance. TownOfSouthold>Assessors>Assessment Books/Tax Rolls https://southoldtownny.gov/DocumentCenterNiew/9694/TentativeRo112023 IMPORTANT INSTRUCTIONS ScanLandremail itl a USP, mailing receipts,:green sig nature cards aid affdavits to g kimf(a�so;uthol'dtownny.gov, and_** PROMPTLY USPSMAIL**-the ORIGINAL S to the_Town&of Southold,Z'BA, P.O. Bog t-1-79, Soutliold, NY..11971. Please note that without your mailing receipts, the ZBA will be prevented from conducting your hearing,pursuant to Chapter SS of the Southold Town Code and New York State Law. Please note that you or your representative are required to attend. If you or your representative are not present, the hearing will be adjourned to the next available hearing date. Please be reminded that New York State Law requires the ZBA to follow the above specific policies. If for any reason, you are unable to prepare for your public hearing as instructed, please let us know. Kim E. Fuentes—Board Assistant Laserfiche Instructions for Zoning Board of Appeals Records TOT,F Grnetnmen rvicrs isidn Haw Do I.. - `� ey • u�l,5. o<; -,rq� ��+9�,�'�, :y - •l." �2;',r; r". ,y�:'.a' e.•! �=y.',.�� �'_cs�`;.�3�. i ^!EaTt3-�,���'i��®�� •,���' x'O; .Y. ..-� 'b`,...'.f.':�.,,_: ,1,'�b:.«"w?.�%.'. ��z"�s��,.�, u>i:'f-:.•' y:i.%c :5�,iwif:. �'�,"i't�' gg'' :.a`.',;..,;,.•'w r' :`.{s';%. I,,,i ��rz '�;if:",..,:E;"-i, s.. /{.±. ^si;: a' r.: ':Ys; as.-r..f�.r`•'ar,v, ',.?: e�.ab'9F'.>;�� ..#`;;$i :.yy ,.iN';::.<i D�'.. ",''t;,: f 'r '+C.oiie:'%'�,:'iDnliile.'� b::�'`Y";7'oivfiltecor�s-'•,�.:!',er,�:F s.:; 9 .,r. f••„ >/,. .c, :'r,,=;� _ �"buy(YP�T}tqal38ic;''i•"�vthlintfLlur'ds2ltC>,";�.'I.YaTmzlip"Pi+�u±at"s'• ,;.eh �'St,�sup cu;�frc`s` •,r."%` .�, <;bIiuutu• ``•�".-'•;i.�of2�.i`.: .;r..,.,<,v.�.n. '.�:,. - ..� r":�•:; ��;:c:":.".�. .� ;G:ivr'r,::_.:..e: ,�f°�':•.:�:'.�:�.�<c.•nM_:..�i�::ir' tce�....,.:,:;r,=;•;r.s`...u:�:.E:xiu.�.........c..4c..�•.�..::r".�:N•a:.lv/a.t.,�.:.'•'..s'.�..e::..:.:,"� Above: Homepage, Click on Link"Town Records"Weblink/Laserfiche Laserffr:beNtebLink 'y�.Uni �ao'1 Rout%Sp, Home Browse Search TnwnofSouthold Name Page scant TemPLit4tWnC, .. TownOfSouthold z Entry PtoPerttes ... _... Town Hmtor:an Path TrVa ees Tar:nOt-v:ul?wid -.�ZonEng Board ofwppeaS Q'eA) Creation date S'SM11 s T'a2,X. t Page 2 of 2J 29 Entries Last moddied - t:!2120-.-%8:x:2;AIM a Metadata N.met jcna 35Swlw .�.re.av a •vrr y+a.e ru< wnnr... ws.t'�at�,��H..�*n.-u.v� , Above: -The second of two pages you will find "Zoning Board of Appeals (ZBA)" in\the list of - Town-of-Southold Boa rd-of-Appeals_(ZBA)folder/link. .__ ___ Laserfiche Instructions ZBA Files Page 2 Laserfiche WebLink �, "• - xyw�L k!HaP Ab=• Sign Our Home Browse Search fownOfSotaheld>Zoning Board of Appeals[ZBA) Zoning Board of Appeals Name Page coon[ bTemlftate name, - •-, (ZBA) alpha6M!cal Indev Entry Propertles - Board Acta n a,t tasetftdle Search Guides Path Me,trg Schedules 7cnaC3wiMi(3'S.on!rtg Scor Of Ap(:a=!s(ZBA) Minures/AgendavLegal Nchces[Heanngs Creation date n Pending in Reports Last modified .Special Event Permits W3,12017 l':G7:%'I ASA . Training Requirement4Z6A o`6cie:s n Metadata M ZBA Policies Pf<?!TI'.!adut�aSs!jat^d yT,Exceoti n UsT Code 280-tGC(3) judspkhon L!sting ZBA B-1,of Maop^d 1977 Eaadng Lots 39 .,dare St Results :Pm7hnhNpap-smosNsesi rte•3uEk srhedu!es _ _ _ P _ _ ,Agreements,Contracts&Leases pdga)Oi 1 id 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. LaserflcheWehLink • Myweb:,nkHea Aar.-t 5!P lr Home Browse Search To, CrSoumo'c>Zoning 3rd of Apccais tZBAj>Board Actions Board Actions Mame Page count Template name " 1957-1979 2 Entry Prcpemez `.980-!999 Path r,nv1C.'S;x.;!:Gu^•Z_:i.w Bcaru _. _ r:(:f:CLan E4)1P•::+..rU M'iLtrS J2001 Creation date :.1 2002 2003 Last modified 2004 3128+20"7 1126:07 AM 2005 Metadara ,^ 2006 ?;o:neradara assigned ' 200: 2006 mod BResults- __..._.__� '1 2010 VF.P-lmess:UseII 2011 :012 2013 2014 20[5 y 206 r2 2017 Pending ...... ..... .. .... .,.. .... ........... .. .... .. .... .... .. .... .... ........ ... .. ....... .., ... _... ..... .... ... vn.f:esRhvmeto:Nhe+3h'PlP'sne�KVsei Dom,..:t,.i 1 •• �••.�- Above: Board Actions are listed by year. Click folder to open. All Special Exception applications that require Coordinated SEQRA Analysis are stored in "Pending". Laserfiche Instructions ZBA Files Page 3 2017Nine 'g EnaR.pertlex as" Path 93 SJardANwrs T� 11 -d ANons oreaftn W MlladdU :i mre ss ansa ..r,l ictom ?�Te29 59 Board AM-s -d--s g;oda sa 21a .26 73 ro27 a0 Soard.Nom '. -1d A— Above: See listed File Numbers. Click on file you are searching. cashel Above: In addition searching by file no. You can also use the above search tool by typing the name or title of the applicant. Laserfiche WebUnk c6shel V1 Home Browse Search S—th Sort r2ssults try Relevance Records Management-archIJ 7016 Feu nam- 3oard Actions-23 cages) Ch..r-Wd Page count:83 Template name:Board Actions Reset ,e 3...;Colin andKostenCashel DROPERTY LOCATION:162 lower Shingle Hill.Fisher 19,201797016,Cashel SCTM No.1000-41-26 minimus approval tdrerro_ age 5.-.y 19,2017 97016,C-h.]SCTM No.1000-9-1-26 GRANT.the,.,,a.c.s as 5—in-.e— 9 COLIN&KRISTEN CASHEL SECTION 009 BLOC... 20 Thomas Ablig,en(C—ti,l).PO Box 342 Fishers isiard.NY Show more information 7016 Board action:-46 page(s) Page count:56. Template name:Board Actions 4R...9:30 A.M,COLIN CASHF1 AN rl Vananrrc undor A.tle los—t.n ANN _E2z 48 ance(s)KRISTEN CAS H EL#7016-Real—proposed trellis located In other ma Show more information Above: Shows you files that can be found using a phrase, name or title. Or you can search by Tax Map No. (District, Block and Lot) using the format 1000-111--l-1. Laserfiche Instructions ZBA Files Page 4 Laserflche%VebLink "w' nuna1 •1p Atimt v Home Browse Search 7avnOfSou:Rntd>Zoning Board of Appeals(ZBA) Minuies/Agendavtegal Notices/Hearings Minutes/Agendas/Legal Name _ Pageccunt Notices/Hearings C.71957-1979 A EntryProperties 1980.1999 ....._.__..__..__._.. ...... . ....... ._I 20004009 Path -12010 Taxr.OYuu:lloidZor,�ret Board .s:App-is vi1 2011 t:BAj�Minuc�lggenda5-�egat y�20;2 No'licevi leann✓p Creation date 2013 ?11Q;2001.'.;57::0 PM 1.3 2014 Inst modified 17 2015 2f1 W2015 5:1a�W ,-'r-,2016 3 metadata ''_]' 201.7 NO metsdate asssgned Page 1 of 1 11 Eno -M>+...ett^«,e„-�x..w.r u,....c...'rs.nva r;•+tor:+s t�.c..t,..,.,::•..> Above:Also, Minutes,Agendas,and Hearing Transcripts can be viewed. Laserfiche WebLink my webunt 11eio. Aoout Home Browse Search TownOfSouthold>Zoning Board of appeals(ZBA)>nunutesiAgendas/Legal NoticevHeanngs>2017 2017 Name Page count Templatename- ZBA-0110512017 2 'Entry Properties Z3A-01 105201:Agenda a Path -_73A 011652017-fearing 40 I nOfSouinolOZormg 3oarh ZBA-01:05:2(11?LN 3 Of AOped15 !Z3Aj\MmuteSAgerCci;Le931 -ZBA-01/192017 2 No0cevHeanngs'2017 y 23A-01:192017 Agenda Creation date 12,11 b,20162-11.1.1 PM ,2 ZBA-0210212017 7 Last modified _;Z3A-021022017 Agenda 4 5,1791:0174:53:`9 PM ZBA-02102:2017 Hearing 45 2 Metadara 1 ZB.4-021022017-N 3 ,-,ZBA-OZ/la/2017 Agenda 3 No rnetddata assigned J ZBA-021 612017 special 3 _edureZt flesut[s ZBA-031022017 7 '..1 hh/pap-smearUses2 j ZBA-03102:-4017 Agenda 4 -� ZB.A-03/02.2017 Ieanrg 65 ZBA-03/0212017 LN 3 ZBA-03116.2017 Agenda 3 7B.A-03:162017"Special 3 ZBA-04/062017 5 d ZBA-OJL062ol7 Agenda 4 ZBA-0a 052017-fearing 45 Above: Agendas, Minutes and Transcripts are in chronological order. i�I �Tl �. t WF The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold The application will ALSO be available VIA ZOOM WEBINAR - Follow link - httpm.//southoldtownny.gov/calendar.aspx NAME MCELROY, PATRICK # 7830 SCTM # : 1000- 117-9-20 VARIANCE: YARD SETBACKS, LOT COVERAGE & GROSS FLOOR AREA E ;EQUEST: DEMOLISH (AS PER TOWN CODE) & RECONSTRUCT SINGLE FAMILY DWELLING ___[: .ATE -- THURS. , --- OCT. _ 51-202-3 - 1-0-:30AM - -- 7ou may review the file(s) -on the town's website under Town Records/Weblink: SBA/ Board Actions/ Pending. ZBA Office telephone (631 ) 765-1809 TOWN.OF SOUTHOLD, ZONING BOARD OF APPEALS ' Appeal No. ��30 SOUTHOLD, NEW YORK AG AFFIDAVIT: OF , In the Matter of the Application of: MAILINGS �Z�e�v - (Name of Applicant /Owner) ;SCT1v1.N6: :ooa. (Address of Property) (Section, Block&Lot) COUNTY OF SUFFOLK STATE OF NEW YORK I, ( ) Owner, ( X) Agent /yl CMAEZ A el heA C c residing.at p 0. B d}C 10q l'6 12M1,0(41 /V�y /Ql�Vew York, being duly sworn, deposes and says that: Onthe dayf-el ' at--the United., . StatesJ. .6st-,Office in MAIL, RETURN RECEIPT'REQUESTE'I?, 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.theG) Assessors, ox.( ).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) CONNIE D.BUNCH Sworn to before me this Notary Public,State of New York - 2 No.016U6185050 ,C imday of }��T , 20�/ Qualified in Suffolk County Commission ExpiresAp'ril 14,2P--9# (Notary Public) PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next --------------to-tlie owner--names-and-addresses-far-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. // 9 l• Z R o0-U-40v Cl �_ ya«ta ,� ¢ oo spa�N�- 1� 93s" Z/ .TQ/9N e le,4T,V ZY� Z4 51�� wODDp L•�N / 7 U,f 1Zrrov, c7. ®6 9 7 7 - j_ 257 ,7�t? �.��iV �'2.4 HZ5' e/ZD o%t yV of Y. l/z/3 o �sr ,5-i1P Qum. 914 -RvX 7Z U.S.-Postal Service U.S: Postal RECEIPTCERTIFIED o , •. • bERTIFIEDo . : nj nly r3 nly r Domestic •r— C3 kN P CIC by •. ( I� ° '` ' Pied MailrFeeµ.3 1. ' cD CO L; i -aCO $ _, cc I-I 7!J. ep Certified Mail Fee tr° �y� z� 017 Extra U7 r_:11 Extra ServlcOS&Fees(check box,etld fee grbyHate) ,__ Q' Extra Services&Fees(checkbox,add fee a�,r�PrCq is) � '- ❑ Return Receipt(hardcopy) $ P(electronic) $— }{} .`:(` f} ❑Return Receipt(hardcopy $ .t{}i. Postmark ❑Retum Receipt electronic - ""POstmark ❑Return Receipt(electronic) $ CO ❑Certified Mall Restricted Delivery $ 7 (f) I{i I ' ❑Adult Signature Re aired Here- ❑Certified Mall Restricted Delivery $ _ 9 q $ !_{,{)t.I _1'' 0 ❑Adult Signature Required I ❑Adult Signature Restricted Delivery$ ❑Adut Signature Restricted Delivery$ O Postage' l.E 1, ,{} t� ` , O F :a — m $ " ;, L�, ` a I �n JL S e 'er`Irr.Liv. Grit.--,Tr.. •-��r�, Flee _� .(.,. 2_}:.-,� $ P y ' d TOtat pocfaae and_•�Cr9 r s-i —-__ _ - `:�. m so John & Kathryn Estin r = ! o $ KL Sped Irr. Liv. Grit. Tr ru 9a� u 450 West End Ave. 3A �,,;- 20 Spicewood Lane ------- o Wilton, Ct. 06897 ! ----------------- -1 N.Y. N.Y. 10024 - z TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD,NEW YORKG�l I AFFIDAVIT OF In the Matter of the Application of: POSTING _B47kycz ,BOG /�dy (Name of Applicants) 1 ' COUNTY OF SUFFOLK STATE OF NEW YORK I, f C �1- tliI- �Cle residing at O• ,C3 D7� ! dd 7 f?/ ,New York, being duly sworn, depose and say that: I am the (�) Owner or (4 Agent for owner of the subject property On the day of J a1: , 2010, I personally placed the Town's Official Poster on subject property located at: Jw, AIAE t/ J,U��OLk-, The poster shall be prominently displayed on the premises facing each public or private street which the property involved in the application or petition abuts, giving notice of the application or petition, the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall beset back not more than 10 feet from the property line. The sign shall be displayed for a period of not less than seven days immediately preceding the date of the public hearing of X&- WT fi�ZT o c ; V3 Wy z2oj&,&/ (Owner/Agent Signature) Sworn to before me this Day of 20 CONNIE D.BUNCH Notary Public,State of New York (Notary Public) No.01 BU6185050 Qualified in Suffolk County Commission Expires April 14,� � ■ sSow . I - ■ , s ECEIPT. J ■ , - ■ ■ B. C3 me, maii Only DOM01tiC Vail Qnl.,V. 1 cD Certified Mail Fee ^' ' I "4•,; CIO Certified Mail Fee Ir $ ri $ Extra Services&Fees(check box,add fee as appropriate):. Ir El Return Receipt(hardcopy) $ '' Extra SeNIres&Fees(check box,add fee as appropriate) - r l ❑Retum Receipt(hardcopy) $ tq ❑Return Recelpt(electronic) $ t�t Postmark r9 []Certified Mall Restricted Delivery.' $ I �,,�+ Here ,0.�, ,Q�-RReturn Receipt(electronic) $ postmark I3 ❑Adult Signature Required $ {a ,/P �-fl' LJ Certified Mall Rept_Aq ed Delivery $ ` re c:�7 C] ❑Adult SignatureRequlred $ []Adult Signature Restricted Delivery$ - - C3 Postage ❑Adult Signature Restricted Delivery'$ Lrl $ g 0 Postage x - Stephan o t -- P Roussan $ Mary E. Holland � "P.O. 'Box 42 u 400 Short Road 0 � ---------------------- ` New Sufolk, N.Y. 11956 ---------------------- '` If Cutchogue, N.Y. 11935 If :I 1 1 1 1 ell•,. - :11 1 I I 111•1• # , —CE IE-0 RTIF MAIL !E 1 r� B. I {— 06stic - Y _ • _ , „ I �'• a •- - , ; , • _ , I il;Oniy cD Z', U cQ Certified Mail Feer-q}•' Certified Mall Fee 5 V' $:r !Z( D $ Extra Services&Fees(check box,add(ea as�p r � ) j Extra Services&Fees(cheek box,add fee as appropriate), ❑Return Receipt P ri to t El Receipt(hardcopy) $ {� r-� P(hardcoPl9 $ - ❑Return Receipt(electronic) $ ��`• p ❑Return Receipt (electronic) $ �C,�[�/� � o I ❑Certified Mail Restricted Dative S6!'" Postmark r ❑Certified Mail Restricted Delivery $ - 9 ry $ '':( m Adult Si nature Re wired O ❑Adult Signature Required ❑ g s $ ❑Adult Signature Restricted Deltve ❑Adult Signature Restricted Delivery$ Delivery$ I3 Postage Posta e I-(1 v7 g ;cl.90 Q M �— -' --- -- ` 1�ri1� tt)a Theresa Rogers $ Jonath'ArPA Sarah Zames . a E3 s ,'; P.O. Box 601 0 3 376 President Street -------------- r- New Suffolk, N.Y. 11956 _r " Brooklyn, N.Y. 11213 --------------- :I 1 1 I I 111•I• •'/ 1 1 1 111•1. I *Ct■TIFIED . ■ ■ cD Domestic I C3 , •P''.P t,;`•'�i_!e:`j„�+J•I•�';xs j I'�i l'i'.�.�.�?•_rt.'s`• ;. ? t, •,„n r „-: , co rCertified Mall Fee I `( 4 c rC_ !+'(,_ `” i I9,11 rr $ i/ Er6.Services&Fees(check box,add tee as app .,�e%°, • ❑Return Receipt(hardcopy) $ A11 1°"'" - z--.•' r !(, f i!! Postmark Here O ❑Return Receipt(electronic) $ - (f 1 E]Certified Mail Restricted Delivery $ �;,•r J� i Y I� ❑Adult Signature Required $ '•r_t r�r; C []Adult Signature Restricted Delivery$ 0 ✓,.,�% C3 Postage +i„} I Ci; '-Ln ,1 M T Thomas-NJayne Martin s r�u P.O. Box 637 -------------------- r New Suffolk, N.Y. 11956 ------------------- :,1 1 II 111•.• - 10/6/23,9:05 AM USPS.com®-USPS Tracking®Results. USPS Tracking FAQs > Tracking Number: Remove X 70210350000191884094 Copy Add to Informed Delivery (https:Hinformeddelivery.usps.com/) Latest Update Your item was picked up at the post office at 11:57 am on September 7, 2023 in NEW SUFFOLK, NY 11956. Get More Out of USPS Tracking: m CL USPS Tracking Plus® v Delivered Delivered, Individual Picked Up at Post Office NEW SUFFOLK, NY 11956 September 7, 2023, 11:57 am Available for Pickup NEW SUFFOLK 375 1 ST ST NEW SUFFOLK NY 11956-9700 M-F 0900-1700; SAT 0800-1200 September 7, 2023, 9:24 am Arrived at Post Office NEW SUFFOLK, NY 11956 September 7, 2023, 9:16 am Departed Post Office - - - - - - - - - - - - - - - - - - - SOUTHOLD, NY 11971 September 6, 2023, 5:03 pm USPS in possession of item SOUTHOLD, NY 11971 i hftps://tools.usps.com/go/TrackConfirmAction?tRef--fullpage&tLc=2&text28777=&tLabels=70210350000191884094%2C 1/2 10/6/23,9:05 AM _ USPS.com®-USPS Tra-�--V Results September 6, 2023, 9:( -n Hide Tracking History What Do USPS Tracking Statuses Mean? (https://faq.usps.com/s/article/Where-is-my-package) Text & Email Updates u USPS Tracking Plus® u Product Information u See Less Track Another Package Enter tracking or barcode numbers Need More Help? Contact USPS Tracking support for further assistance. FAQs https://tools.usps.com/go/TrackConfirmAction?tRef=fulipage&tLc=2&text28777=&tLabels=70210350000191884094%2C 2/2 10/6/23,9:06 AM USPS.com@-USPS Tracking@ Results USPS Tracking® FAQs ' d Tracking Number: Remove X 70210350000191884674 C ►�`� Copy Add to Informed Delivery(https://informeddelivery.usps.com/) Latest Update Your item was picked up at the post office at 2:22 pm on September 15, 2023 in SOUTHOLD, NY 11971. Get More Out of USPS Tracking: m co USPS Tracking Plus® a a- v n I Delivered 77, ¢ Delivered, Individual Picked Up at Post Office �I SOUTHOL-D, NY 11971 i September 15, 2023, 2:22 pm L Departed USPS Regional Facility -MID NY DISTRIBUTION CENTER September 14, 2023, 3:53 pm Arrived at USPS Regional Facility MID NY DISTRIBUTION CENTER September 14, 2023, 10:51 am Arrived at USPS Regional Facility NEW YORK NY DISTRIBUTION CENTER September 13, 2023, 6:46 pm In Transit to Next Facility September 11, 2023 Departed USPS Regional Facility BROOKLYN NY DISTRIBUTION CENTER hftps://tools.usps.com/go/TrackConfirmAction?tRef=fullpage&tLc=2&text28777=&tLabels=70210350000191884674%2C 1/3 10/6/23,9:06 AM USPS.com®-USPS Tma '-*--^®Results September 7, 2023, 7:,-,_.,m Arrived at USPS Regional Facility BROOKLYN NY DISTRIBUTION CENTER September 7, 2023, 5:04 am Departed USPS Regional Facility MID NY DISTRIBUTION CENTER September 6, 2023, 8:02 pm Arrived at USPS Regional Facility MID NY DISTRIBUTION CENTER September 6, 2023, 5:56 pm Departed Post Office SOUTHOLD, NY 11971 September 6, 2023, 5:03 pm USPS in possession of item SOUTHOLD, NY 11971 September 6, 2023, 9:03 am Hide Tracking History What Do USPS Tracking Statuses Mean? (https://faq.usps.com/s/article/Where-is-my-package) Text & Email Updates u USPS Tracking Plus( u Product Information u See Less Track Another Package Enter tracking or barcode numbers hftps://tools.usps.com/go/TrackConfirmAction?tRef=fullpage&tLc=2&text28777=&tLabels=70210350000191884674%2C 2/3 e , ry or Pr ' � a • t �t� -fit # �` p# a a : { 4 ' The i.11—i.9 app}cat,on"ill be heard by the Soathuld T n Ho— of a—of Appeal at Town Hall,'530"5 Mai Rad,South id i;� 4 � rf ♦ }� The application will ALSO be a 1 bie VIA ZOOM WESINAR.Fo.Row f + Va r - _ t ....... -. ,... link-httpJtsouthoidtownny.govlcaleada px r NAME : MCELROY,PATRICK 1630 �._ SCTM#: 1000-117-9-20 art „ VARIANCE:YARD SETBACKS,LCT COVERAGE `t &GROSS FLOOR AREA REQUEST: DEMOLISH(AS PER TOVCi. OEC RECONSTRUCT SINGLE FAMILY aC DWELLING ,. a •y013x RATE THURS., OCT5,2023 10 30AM ? ,a- you aY w the ti i'} r tha taw , -bsite-ftl I 28A+Board Actianst Pu'.ding. ZBA ONice tnteph—�&5+i t� t 17 *_ tip 4 -tita,7.1s -al Sit h: T s+ , 0 � � r � x 1 Y SECTIONSENDER: CIL.–r)LETE THIS • 1 • IELIVERY ■ Complete items 1,2,and 3. A. sign e ■ Print your name and address on the reverse13Agent so that we can return the card to you. X �' ❑Addressee ■ Attach this card to the back of the mailpiece, RecKived by(Printed Name) C. D to 9f Delivery y or on the front if sDace.Dermits. _. -- � w -z gephan Roussan i D. Is clivery a dress different from item 1? ❑Yes If YES,enter delivery address below: ❑No P:O., BoI.Jx 42 . { AC New Sufolk,_N.Y. 1.1956 Il I llllll IIII 111 I Il I II it III III ll I I l I II llll Ill 3. Service Type ❑Priority Mail Express® ❑Adult Signature 11 Registered Ma1lTM � ElAdult Signature Restricted Delivery ❑Registered Mail Restricted rtified Mail® Delivery 9590 9402 8201 3030 8304 64 Certified Mail Restricted Delivery 13 Signature ConfirmationTM ❑Collect on Delivery ❑Signature Confirmation KL—h?'?rancfo�frnm:caivireilabell ❑Collect on Delivery Restricted Dellaii ivery ; Restricted Delivery 7021 `0350 00:0Z 9'1682 410 0'' `fail Restricted Delivery PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt I - SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3. A. Signat, ■ Print your name and address on the reverse X —� E3 Agent j so that we Can return the card to you. 13 Addressee(printed e) C.Date of Delivery I ■ Attach this card to the back of the mailpiece, F / , or on the front if space permits. John_ Kathryn Essig D. Is delivery address erent from item 1? 11 Yes { ry 9 If YES,enter delivery address below: ❑No y I 20.Spicewood Lane �2-S, { I Wilton, Ct. 06897 Il Illlll I'll III I Il l II II III III ll I I l I I I ll ll I III 3. Service Typo ❑Priority Mail Express® ❑Adult Signature 11 Registered MaiITM Adult Signature Restricted Delivery ❑Registered Mail Restricted! Certified MailO Delivery 9590 9402 8201 3030 8304 88 ❑ ertified Mail Restricted Delivery ❑Signature ConfirmationTM ' .: ❑Collect on Delivery ❑Signature Confirmation Artinin Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery Restricted Delivery 'As![ .7021 0 3 5 0. .O Q O Z; ;9 Z B 8 4 2 2 4 1)il Restricted Delivery <lii { i3 ii 69 'S it s Ps Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt *4K�4 Tye • • • • e * ob dl { • .. - �-• sf + �t LR" -. •`�` SYN _ :♦ 'tet• +` k� ,��1.F F. k`"•. � t - • - ,'yam I. �,(.� �'?M.f � R: 3` t _ a - `�- �• �. ,� ,�� �-. 2 02-: 09 / 07 13 . 5 2 . • 7TE THIS SECTION •MPLETE i THMRPMTION ON DELIVERY ■ Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverse X E3 Agent so that we can return the card to you. 2 ❑Addressee ■ Attach this card to the back of the mailpiece, B• Received by Printed Nam) C. D to f Delivery _ -or on-the front if space permits_. A Mary E. FIOIIand _ D. Is delivEky address different from item 1? 1 13 es If YES,enter delivery address below: ❑No i 400 Short Road i Cutchogue, N.Y. 11935 I II I llllll I'll 11111111111111011111111111111111 3. Service Type ❑Priority Mail 1 IITM ® ❑Adult Signature 11 Registered Mail 0 Adult Sifledgnature RestriWHO cted Delivery ❑Registered Mail Restricted! Delivery 9590 9402 8201 3030 8304 71 ❑Certified Mail Restricted Delivery ❑Signature ConfirmationTM ira6 sh ❑Colllel cit on Delivery l lEl Signature Confirmationll ❑Collect on DeliveryRestricted Delivery Restricted Deliveryppary 'Mail 019188 4117 Restricted Delivery l l PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt I COMPLETE •N E COMPLETE THIS SECTIONON DELIVERY Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverse ^'� Agent so that we can return the card to you. ■ Attach this card to the back of the mailpiece, B. Re eived by(Printed Name) C.Dat1 of Delivery or on the front if space permits. _ -- D. Is delivery address different from item 1? Yds Thomas & Jayne-Ratirtiln If YES,enter delivery address below: 13 No P.O. Box 637 New Suffolk, N.Y. 11956 3. Service Il Type 11I Illl'l I'll l'I I II l'I Il III Ill l'l l l I I ll I I II Ill yP Priority Mail Expresso i ❑Adult Signature ❑Registered MailrM Adult Signature Restricted Delivery ❑Registered Mail Restricted rtified Mail® Delivery 9590 9402 8201 3030 8304 40 ❑Certified Mail Restricted Delivery ❑Signature ConfirmationTM ❑Collect on Delivery ❑Signature Confirmation Delivery Restricted Delivery Restricted Delivery 7021 0350 0001 9188 4087 Aail flail Restricted Delivery (over$500) PS Form 3811,July-2020 PSN 7530-02=000-9053 Domestic Return.Receipt I. COMPLETE • COMPLETE ■ Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverse ❑Agent ' so that we can return the card to you. X ❑Addressee ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) C.Date of Delivery or on the front if space permits. I D. Is delivery address different from item 1? ❑Yes JL Speyer Irr. Liv. Grit. Tr. If YES,enter delivery address belo [3 No KL Speyer Irr. Liv. Grit. Tr i ` 450 West End Ave. 3A s _... N.Y. N.Y. 10024 Il I Ill{Il I'll lII I Il l Il IIIII III ll l l l I ll I lI l I Ill Service Type 13Priority Mail Express® 11 ❑Adult Signature El Registered MaiITM ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted 9590 ld $ 1 certified Mail® Delivery 3 3 ❑ ified Mail Restricted Delivery ❑Signature ConfirmationTM ❑Collect on Delivery ❑Signature Confirmation Arrinla Numhar frransfer from service label) ❑Collect on Delivery Restricted Delivery Restricted Delivery 70gilt TDAWGRRl 19&8& 4070 ail � ail Restricted Delivery I PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic eturn Receipt BOARD MEMBERS V Southold Town Hall Leslie Kanes Weisman, Chairperson O�\�F $1 Ty�l 53095 Main Road•P.O.Box 1179 Patricia Acampora O Southold,NY 11971-0959 Eric Dantes [ t Office Location: Robert Lehnert,Jr. ar Town Annex/First Floor Nicholas Planamento �` aQ 54375 Main Road(at Youngs Avenue) °lylrouff ,� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD July 17, 2023 Tel. (631)765-1809 Ms. Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Ms. Lansdale: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File : # 7830 MCELROY, Patrick Action Requested : Demolish (as per Town Code definition) and reconstruct a single family dwelling. Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town Within one (1) mile (5,280 feet) of: ( ) Boundary of any airport If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA Ca�rper on y: B � � Survey%Site Plan :-Henry-Bradford Gustayson- - _ _ _ __ _ _ Date : April 12, 2023 CPS BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson 53095 so Southold 53095 Main Road•P.O. Box 1179 Patricia Acampora Southold,NY 11971-0959 Eric Dantes Office Location: Robert Lehnert, Jr. CA Town Annex/First Floor Nicholas Planamento ® a0 54375 Main Road(at Youngs Avenue) ®"sour Ti, Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD October 25, 2023 Tel. (631) 765-1809 Michael Kimack P.O. Box 1047 Southold,NY 11971 RE: ZBA Appeal #7830,McElroy 440 Third Street,New Suffolk SCTM No. 1000-117-9-20 Dear Mr. Kimack; 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 ZONING DISTRICT = R-40 ` Gustayson/Dundes P!,pi COPYRIGHT © 2023 S.C.TAX NO. 1000-111-09-20 44-1 ALL RIGHTS RESERVED EXISTING LOT AREA = 14,408.14 SF CONSULTANTS: ALLOWABLE LOT COVERAGE = 2051. x 14,408.10 = 2,881.74 SF EXISTING LOT COVERAGE = 3,316.25 SF = 23.4351. (NON CONFORMING) NEW POOL ADDITION = 540.00 SF TOTAL PROPOSED LOT COVERAGE = 3,916.25 SF = 27.18 51. REVISIONS: GROSS SQUARE FOOTAGE FIRST FLOOR = 1,341.20 GSF 50'-0" GROSS SQUARE FOOTAGE SECOND FLOOR = 972.54 GSF t FRONT YARD SETBACK GROSS SQUARE FOOTAGE GUEST HOUSE = 821.92 GSF � GC TO VERIFY LOCATION OF SEPTIC TOTAL PROPOSED GROSS SQUARE FOOTAGE = 3,135.61 GSF v TANK IN FIELD PRIOR TO ------ - - - - - - 102,001 ESTABLISHING LOCATION OF POOL MAXIMUM ALLOW ABLE GROSS Sy�0,-, ARE F007AGE _ r' - ) -------- 2100 SF 4- 5%29%F (12.551. OF .�, &� = 2,651.25" SF i --- _-_- - - 3,135.61 - 2,651.E = 484.36 SF OVER ALLOW,45LE< I --� Ll AREA OF ADDITION I ON SECOND FLOORfo I - - - ----------------------------- @ PARD SETBACKS = ---- -=_ 3S�-n -____ I -------- W _ - PRIMARY FRONT = 5O' REQUIRED, 1.7" PROVIDED - SECONDARY FRONT = 35' REQUIRED, 100.08' PROVIDED - -- I --f- - - _ - - (j) tbREAD = 50' REQUIRED, 51.46' PROVIDED SIDE = 15' REQUIRED, 6.08' PROVIDED' APPROXIMATE LOCATION I EXISTING HOUSE IS NON-CONFORMING FOR MINIMUM LOT SIZE, EXISTING I OF SEPTIC FIELD I I DWELLING r PRIMARY FRONT YARD SETBACK, SIDE YARD SETBACK, GROSS 1,341.20 SF - - l SQUARE FOOTAGE 4 LOT COVERAGE EXISTING SHED �}� 1� _ -'"� MAXIMUM HEIGHT = 2 1/2 STORIES, 35' TO MO POINT OF GABLE llro.BVARIANCE REQUIRED FOR LOT COVERAGE 4 GROSS SQUARE FOOTAGE I 22'-1i" - IAlbr � c I ,R 1 EXISTING I � i BREEZEWAY I 20a.40 8F I 42.00 NEW SCREEN EXISTING j DOORS DECK j 411.31 SF � ) 18.81' EXISTING j ) GARAGE I PROPOSED POOL I 343.44 Sr-I j 540 SF j ® " AREA AN A L 1 515 I 7'-811 I C� I 1439' ® 23.19' x 34.20' = 793.10 SF I 12 _0�� 23.19' 1135 X25' �0 ® 18.81' x 21.50' = 404.42 SF ExisTlNr3 HOUSE I - 1,34120 Ci: CN I m I � © 11.31' x 12.10' = 143.68 SF j I I , I POOL DECK ON 19,58 I IGRADE ONES w/ PAVING @ O O G H © 16.20' x 21.20' = 343.44 SF EXISTING GARAGE � I 9.43 343.44 5F - NO CHANGE I ---------_- - _ - - - NEUJ 4'-0" HIGH I 2120' 61 0 9.83' x 21.20' = 208.40 SF EXISTING BREEZEUTAY PROJECT NAME: --_-__ - - - ESTATE FENCE j O 208.40 SF - NO CHANGE EXISTING ADDITION ALTERATIONS _j - --- - -- ---- - - _) 14.72' x 19.58' = 288.21 SF 33-1 25 Sr- McELROY RESIDENCE j QV I I 9.43' x 8.16' = 76.95 SF EXISTIN!x OPE DECK 440 THIRD STREET j I O 0 (9.78' x 8.16' / 2 = 39.90 Sr- 48 OV GRADE CHANGE NEW SUFFOLK, NY 11956 j0 6.25' x 1.00' = 6.25 SF DRAWING TITLE: 6.25- x 11.101 = 13.12 SF SITE PLAN I j j 32.50' - ZONING INFORMATION 14.39' x 12.29' - 176.85 SF EXISTING SHED EXISTING GUEST HOUSE ' I = U 116.85 5F - NO CHANGE 821,92 SF I I @ 0 25.29' x 32.50' = 821.93 SF EXISTING GUEST HOUSE 821.93 SP - NO CHANGE W I I O 18.00' x 30.00 = 540.00 SF PROPOSED POOL I I cn 540.00 SF I &'tv§' I Ito I I ------__ I ORIGINAL LOT AREA COVERAGE = 3,3-1(o.25 SF --`---- ---- - - PROPOSED LOT AREA COVERAGE = 3,916.25 SF `'�r All PROJECT NO: EDA C". 2211 ft RC,S� @�� J` SCALE: REVISION NO: 5 I T E PLANN RTH INFORMATION TAKEN FROM SURVEY PREPARED BY F t , '' }� �, °• U 4G¢ SUE DATE: A002 SCALE: I" = i0'-0l1 NATHAN TAFT CORWIN IIIc:�:c`- O� F SEA : APR 12, 2023 LAND SURVEYOR F DRAWING FILE: LATEST DATE AUG. 8, 2012 /`:00251TEPLAN IT IS A VIOLATION OF THE LAW FOR ANY PERSON, UNLESS ACTING UNDER THE DIRECTION OF A LICENSED DRAWING NO: ARCHITECT, TO ALTER AN ITEM IN ANY WAY. IF AN ITEM BEARING THE SEAL OF AN ARCHITECT IS ALTERED, THE ALTERING ARCHITECT SHALL AFFIX TO HIS ITEM THE SEAL AND THE NOTATION "ALTERED BY" FOLLOWED 4 � 002 BY HIS SIGNATURE AND THE DATE OF SUCH ALTERATION, AND A SPECIFIC DESCRIPTION OF THE ALTERATION. Gustayson/Dundes COPYRIGHT © 2023 ALL RIGHTS RESERVED CONSULTANTS: REVISIONS: FILL IN wINDOUJS DUl TR 45H Lv © LvJ - 36" RANGE WASP DRYS NEW NEW NEW NOME PANTRY KITCHEN NEUJ LAUNDRY EXISTING ROOF OFF 1 CE 77 7A SIDE ETBACK LINE SETeLINE ACK-�` — r l I L — J II= L _ J�I L _ J _ _ _ -� I - r NEW — --1CLQ I L _ J1 - - -JL _ J I 1 LIVING ROOM DINING DINING AREA L —J � �� � wooD FL. I I a I 0 e� I I� I J `� IW I r L — — — � 2480 L - - - - - -I N 11 I i I II II I BEDROOMI EW VI MASTER BEDROOM - - - - � -4NC . #7 �� � _ wooD FL. - - - - -1 I I I r — � f- - - -] r — 1 LIN. - - - - - -� I—L 11= J L _ JII r — ' r L — JI --1 L _ J 3 iEXIST L JI I I III I I I �I- - -1 NEW 10 1 HALL I I I I FAMILY ROOM 17 1 BEDROOM 3 n° L — _ _ - - - - � I WOOD FL r 7F - - - - - --I LJ _ NEW BLUESTONE L _ I I I 1 1 I � -7 -7 — — —,� STOOP \ NEW pN I I I I I I BEDROOM 2 I x 1 FRONT NEW 1 I— - - I I I RELOCATE E STING b 11 1 ( ( I UPI = DOOR ENTRY HALL I I I �— — —� EXIST DooR HAL BATH �4 1 L J I I p 1R Ir 11 I � —I � -J J 368(4 11- - - -f- - - � - - - � �� LJ UP II PROJECT NAME: ADDITION 4 ALTERATIONS MrELR01' RESIDENCE EXISTI G DECK 440 THIRD STREET NEW SUFFOLK, NY 1195(o DRAWING TITLE: FIRST FLOOR 4 2ND FLOOR PLANS �ltr EXIST GARAGE PROJECT NO: 2211 SCALE: 2 f R O F O&E ID SECOND F L_O O� FLAN ° REVISION NO: RROROJE D F- I RST FLOOR FLAN �01 SCALE = 11411 = 11-011 0. . 1 r f? 4g� G SUE DATE: A101 SCALE = 114" = V-0" N RTP SEA : Ai=R 12, 2023 DRA LYING FILE: N RTP A 101E I R67L OORfi=L.AN DRAWING NO: Gustayson/Dundes COPYRIGHT C 2023 ALL RIGHTS RESERVED CONSULTANTS: NEW ROOF TO MATCH EXISTING NEW GUTTERS 4 77FLEADERS TO REVISIONS: EXISTING DRYWELL FUll NEW 3" CORNER BOARDS LINE OF GARAGE ROOF IN N FOREGROUND SECOND FL 117 JUL � I a LINE OF EXISTING DECK I -FIRST FL EXISTING DOOR I GRADE NEW BLUESTONE STOOP---""/ EXISTING PROPOSED NEW SECOND FL ADDITION ABOvE EXISTING HOUSE RIGkT SIlDE (SOUTH) ELEVATIONlll' " ,4201 SCALE = 1/4" = V-0" LOOKING NORTH PROJECT NAME: ADDITION 4 ALTERATIONS LINE OF SETBACK 1"IcELROY RE61DENCE EXISTING RIDGE 'LINE 440 THIRD STREET EXISTING �--� NEW SUFFOLK, NY 119�(o 12 TO REMAINN 1� 12 101 DRAWING TITLE: EXTERIOR ELEVATIONS NEW SIDING TO BE SELECTED EXISTING ROOF TO REMAIN EXISTING ROOF Lr- I TO REMAIN � I citt _SECOND FL x - - -FIRST FL _.. PROJECT NO: - - - - CxRADEORO ��� 2211 pF JEXISTING A/C Q�0 US L fes, SCALE: UNIT F REVISION N0: )JI( N 1 . 0 49 C, SUE DATE: 2 fREAF� ( EAST) ELEVATION SEA : � ,4}=R 12, 2023 ,4201 SCALE = 1/4" = V-0" LOOKING WEST DRAWING FILE: �420EXTERIORELEV DRAWING NO: A 2 01 Gustayson/Dundes COPYRIGHT © 2023 ALL RIGHTS RESERVED CONSULTANTS: NEW ROOF �I " SHINGLES TO ' MATCH EXISTING SLOPE OF EXISTING ROOF REVISIONS: ALIGN NEW ® GUTTER LINE WITH EXISTING SELECTED LINE OF EXISTING Poor- SECOND OOFSECOND FL 101 77h O FIRST FL GRADE 2 LEFT 511DE (NORTH) ELEVATION 4202 SCALE = 1/4" = V-0" LOOKING SOUTH SIDE PARD SETBACK LINE i PROJECT NAME: ADDITION 4 ALTERATIONS 1"rELR01' RESIDENCE S440 THIRD STREET KY EXPOSURE PLANE NEW SUFFOLK, NY 1195ro DRAWING TITLE: Ila EXTERIOR ELEVATIONS wilmillmool milli B A ! 4. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - �. L I PROPERTY L INE P.M OWN PROJECT NO: ELEVATION . 2211 oaar1 �� J�� A202 SCALE: SCALE = 1/4" = V-0" LOOKING EAST t4 I JTo a• aQ� 9v `��; REVISION NO. r �• D 49�� �,�� SUE DATE: Ie' SEA : APR 12, 2023 DRAWING FILE: ,4202EXTERIORELEV DRAWING NO: A � 202 TOWN OF SOUTHOLD—BUILDING DEPARTMENT R y Town Hall Annex 54375 Main Road P. O. Box 1179 Southold, NY 11971-0959 Telephone(631) 765-1802 Fax (631) 765-9502 htms://www,southol ttownnv Dov APPLICATION FOR BUILDING PERM �T p DateRece!Ved - - - -- -- - VAL For Office Use Only [�) E (� PERMIT ftll�d.oBuilding �tInspec rotr AP R 2 6 2023, —' , "fi :Apli ap.pfica ions wltl not: e:acce'i e:.°W.' ;.•` ..:: :: . °.:.°::_.::_;> . .. .:-...here;the:Applicant.:fs.not:Che;owner,a►i :.:.� �,�,, , �T O"w,ner's•Author�zateion::forrri(;Rage 2').shal)be aom Ie:Led,.. ���11'i OF��O a 9,r)LD P .... . Date: � y Zo23 O.INNEFfS PERTY:`: Name: SCTM #1000- O Project Address: 4 D VIV 1 Phone#: Email: 0 Mailing Address: Q ©, CP Name: L . C' Mailing Address: Phone#: 7.� mal C bESIGN.PRO.FES51.`O'NAL;INFO:RIVIATI;ON:::: : :_ ,:. O .. Name: .1470W Mailing Address: -7e7 P&LIA R 'i0e E Phone#: RACTO,RI. _ NFOR11lIAT Name: Mailing Address: Phone#: Email: EJ New Structure WAddition gAlteration ❑Repair ❑Demolition Estimated Cost of Project:. n-Other $ Will the lot be re-graded? ❑YesNo Will excess fill be removed from premises? ❑Yes ONO 1 PROPERTY INFORMATION Existing use of property: Intended use of property: Zone or t se district in which premises i;.situated: /' �`Z4Z— --- -_ Are there any covenants and restrictions with respect-to--- ------ -tffis property? ]YeNo IF YES, PROVIDE A COPY. ❑ Check Box After Reading: The owner/c:)ntractor/design professional is responsible for all drainage and storm water Issues as provided by Chapter 236 of the Town Code. APPLICATION IS HEREBY MADE to the Building Department for the Issuance of a Building Permit pursuant to the Building Zor e ordinance of the Town of Southold,Suffolk,county,I•ie•H York and other applicable Laws,Ordinances or Regulations,for the construction of buildings, additions,alterations or for removal or demolition as hE,rein described.The applicant agrees to comply with all applicable laws,ordinances,building code, housing code and regulations and to admit authorized inspectors on premises and in building(s)for necessary inspections.False statements made herein are punishable as a Class A misdemeanor pursuant to Section 210.45 of the New York State Penal taw. --- -- Application Submitted By(print name); M/0z/ALcL A A /y/� �,C �j�'A� Authorized Agent ❑Owner Signature of Applicant: / Date7¢�iQ/L. Z,6r z VZ3 STATE OF NEW YORK) SS: COUNTY OFao '__ Qf _) (Name!of individual signing contract) above named, g y`'worn, deposes and says that <.> he is the applicant (S)he is the -- --- _ Q _it-- porate of said owner or owners, and is duly authar 't d torperr ortmtcorhave perrfoirmed the said work a nd to ma<e and this application; that all statements contained n this application are true to the best of his/her knowledge and belieifeand that the work will be performed in the manrer set forth in the application file therewith. Sworn before me this .9cyY day cf_-- 20 Notary Public: PRONE:RTY OWNER_ AU -HORIZATION Kiln , F antes Notary Public,St to of New York Qualified in Su olk County (Where the applicant is nit the owner) LIQ,#01 F x#811709 MMIISSIon IMS ril30 residing at 1'< P/�!� S7� —ARJW/►f C /(/Y --f Q __do hereby authorize__e1MA,r&-4 A 1`111Q Cot---_t6 apply on my behalf to the Town of Southold Building ng Department for pproval as desc ibed herein. Oen is Signa—t e ( 3 — Er C Date Print Owner's Name 2 . ` ( -+L «A �� ' �sc _~0 u= Le 12.1 10 CUTCHOGUE 14 1 73 32 20 HARBOR LJJ 21 30 I. 47 22� 29 KUURO'S U3 - 501 20.2 28.1 VI 22 a 16.3 16.5 26Y 16.4 11A 22 23 24 5 SUFFOLK 12 Ing 2 12 23 RD 12 12.2 4.2 — mn