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Owner: Disapio, Charles File #: 7832
Address: 5780 New Suffolk Ave (eb
l 1
c� Code: 13ED
�n Agent Info
o Martin Finnegan
P O Box 1452
13250 Main Rd
Mattituck , NY 11952
Phone: 631-315-6070
Fax:
Email: mfinnegan@northfork.law
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BOARD MEMBERS Southold Town Hall
Leslie Kanes Weisman, Chairperson ®�4®f $® ® 53095 Main Road• P.O. Box 1179
Patricia Acampora Southold,NY 11971-0959
Eric Dantes Office Location:
Robert Lehnert,Jr. Town Annex/First Floor
Nicholas Planamento
® 54375 Main Road(at Youngs Avenue)
cou Southold,NY 11971
http://southoldtownny.gov RECEIVE
ZONING BOARD OF APPEALS [i, Oe i 6 Q:A&��
TOWN OF SOUTHOLD 1
Tel. (631) 765-1809 OCT 2 3 2023
�W_ xn-,O��
Southold Town Clerk
FINDINGS,DELIBERATIONS AND DETERMINATION
MEETING OF OCOTBER 19,2023
ZBA FILE: #7832
NAME OF APPLICANT: Charles Disapio
PROPERTY LOCATION: 5780 New Suffolk Avenue, Mattituck NY SCTM# 1000-115-10-7
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 lI category of the State's List of
Actions, without further steps under SEQRA.
SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the
Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of
Planning issued its reply dated 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 non-conforming 17,535 square foot parcel
located in an R-40 Zoning District. The parcel runs 161.38 feet frontage on Deep Hole Creek, runs 132.98
feet on New Suffolk Avenue, runs 106.17 feet on the West side and runs 217.01 feet on the East side of the
parcel having a zig zag shape that follows along an unnamed stream. The parcel is improved with a two-
story frame house, a frame garage, a concrete patio with steps and fireplace, a concrete block building, a
concrete wall with steps, a wood dock, the remains of a wood bulkhead, and dilapidated wood wall. All is
shown on a survey by John C. Ehlers LLS, dated November 17, 2022.
BASIS OF APPLICATION: Request for a code interpretation and reversal of the Building Inspector's
Notice of Disapproval dated May 11,2023 and Amended July 13,2023,based on an application for a permit
--to-legalize an "as-built" accessory structure converted to an accessory artist studio/workshop with half
bathroom at; 1)the proposed use in the accessory building is not a permitted accessory use; located at 5780
New Suffolk Avenue, Mattituck,NY.
Page 2, October 19,2023
#7832, Disapio
SCTM No. 1000-115-10-7
RELIEF REQUESTED: The applicant requests an Interpretation of the Town Code Article X Section 280-
45(c)and 13 (c)(1)to legalize the"as-built"conversion of part of a pre-existing non-conforming garage to
an artist's studio and to Reverse the Building Department's Notice of Disapproval as a non-permitted use.
ADDITIONAL INFORMATION:
The property is the beneficiary of a Certificate of Occupancy No. Z917 dated November 25, 1960 for a
private one family dwelling; pre-existing certificate of occupancy No. Z-31113 dated August 16, 2005 for
a one family dwelling with accessory four (4) car wood frame garage ad 1 accessory concrete storage
building. A Stop Work Order was issued by the Ordinance Inspector on January 20, 2023 for construction
without first obtaining a Building Permit
PRIOR APPLICABLE ZBA CODE INTERPRETATION
In ZBA decision 97454 dated February 4, 2021, ZBA decision 47457 dated February 4, 2021, and ZBA
#7606 dated March 17, 2022, the Board made a code interpretation to provide clarity about the use of
accessory structures as artists' studios and work-shops, since neither use was expressly allowed or
prohibited in the code. In summary,the Board reviewed Section 280-17(C) and Section 280-13C (1) of the
Town Code which states that permitted uses include "Any customary structures or uses which are
customarily incidental to the principal use,except those expressly prohibited."The Board opined that to be
allowed, proposed artists' studios and workshops would have to be proven to be customary and incidental
to the applicant's residency and use of their principal dwelling on the same property.
The Board, further determined that also key to these uses being allowed as customary and incidental to
the principal dwelling use,was the establishment that the proposed use by the homeowner/applicant was
purely for their personal/hobby use and not for any public, commercial or retail purpose on the subject
residential property.
Toward that end the Board Members developed and applied 13 standards of approval in their code
interpretation as guidance to make the required determination described above as follows:
1. Such use is incidental to the principal residential use on the premises.
2. The artist's studio/workshop in an accessory structure is not rented to or used by anyone other
than the property owner of the principal dwelling.
3. No individual or group instructions, classes or demonstrations related to the
production/fabrication of crafts/art works in the studio/workshop may take place on the property.
4. The property owner may not employ or engage unpaid assistance by any other persons(s) in
relation to the production/fabrication of art/crafts in the accessory structure.
5. There is no exterior effect at the property line such as noise, traffic, odor, dust, smoke, gas, fumes
or radiation.
6. No display of products/art work/crafts etc. is visible to the street.
7. No sales to the public are permitted on the subject property.
8. Plumbing in the accessory structure is limited to a half bath(toilet and sink) and a utility sink
9. Activities in the artist's studio/workshop in the accessory structure are limited to the production
of crafts and works of art such as paiating, sculpture, photography, ceramics,weaving/textiles;
glass art(but not glass blowing), and personal woodworking/carpentry and auto mechanics on
vehicles belonging only to the property owner.
10. No sleeping or cooking is permitted in the accessory structure.
Page 3,October 19,2023
#7832,Disapio
SCTM No. 1000-115-10-7
11. An accessory structure used as an artist's studio/workshop may only contain that one use in
addition to non-habitable(unfinished, open rafters and stud walls)storage of general household
items, garden tools and/or vehicles.
12. An accessory apartment in the accessory structure is not permitted unless the artist's
studio/workshop use is removed and a special exception permit is obtained from the Zoning
Board of Appeals.
13. The following uses are not, by this determination, considered to be permitted uses in an artist's
studio/workshop in an accessory structure, as defined herein and are prohibited: workout/fitness
activities,recreational activities, and home offices(as defined in the Town Code).
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.The applicant/home owner and his architect/representative presented testimony and
documentation to the Board's satisfaction that he is and will continue to be in compliance with
the thirteen required standards outlined above, thereby verifying that the proposed use of the
accessory structure as an artist's studio is for personal use only and is customarily incidental to his
residency in and principal use of the dwelling on the subject property.
RESOLUTION OF THE BOARD: In considering all of the above factors, motion was offered by
Member Dantes, seconded by Member Planamento, and duly carried,to
OVERTURN the Building Inspector's July 13,2023 Notice of Disapproval and
APPROVE the artist's studio as a customarily incidental permitted,use accessory to the principal use
(owner occupied) Jin an accessory structure on the subject esidential parcel as shown on
Architectural Plans prepared by Zackery E Nickelson,RA labeled A-1-6 and dated April 1,2023.
SUBJECT TO THE FOLLOWING CONDITIONS:
1. The applicant shall install a Suffolk County Department of Health approved sanitary system to
service the half bath or provide proof to the Town of Southold Building Department that the
proposed sanitary plan for the half bath is approved by the Suffolk County Department of Health.
2. If property owner applies for a rental permit for the subject dwelling,or sells/transfers the property,
art studio use shall be extinguished.
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.
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.
Page 4,October 19,2023
#7832, Disapio
SCTM No. 1000-115-10-7
Any deviation from the variance(s)granted herein as shown on the architectural drawings, site plan and/or
survey cited above, such as alterations, extensions, or demolitions, are not authorized under this
application when involving nonconformities under the zoning code. This action does not authorize or
condone any current or future use, setback or other feature of the subject property that may violate the
Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action.
IMPORTANT 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 Dantes, Planamento, Acampora, Lehnert, Weisman. This Resolution
was duly adopted (5-0).
Leslie Kanes Weisman, Chairperson
Approved for filing `Q/ /2023
i
RECEIVED
EXISTING SINK&TOILET LINES TO REMAIN. JUL 1 8 2023
Zoning Board of
Appeals
EXISTING PREFAB SHOWER-TO BE REMOVED
&ALL PLUMBING TO BE CAPPED,
ZEN DESIGN
NEW STORAGE SHELVES TO BE BUILT IN PLACE 1250 EVERGREEN DRIVE
CUTCHOUE,NY MINI OF SHOWER. EXISTING BATH PHONE:3L5 5895
SPLIT 7'-7"x 5'-0"(FINISHED)
CONDENSER TO BE STORAGE
® Thew plare am copyrighted and an subject to copyright
■ protection as an-amhitectuml—de under Sec.102 of the
C A m C7 I•t Copyright Act,17 U.S.O.as amended Doe mbor 1990 and known
■ I i —i I as Architectu2l Worim Copyrigd Protection Act of 1990.The
■rt I 1 '-' I I
protection Inchides but Is not limited h the ovemli/orrn aswell
■ t I as the arrangement and composition d spaces and etements of
desiga.Undersuch pmtoction,unauthuieod use o/thew plans,
e ,.... .: :. .: ■
•, .:.:..,::.: .. ,:.. ..c ,. _____J workor homeon orbented,caning whorl Wtin thecessationof
■ construction or pulsation being salad NLLC.monetary
■ compo vation>o ZEN DESIGN LLC.
NO. ISSUE DATE
01 PERMIT SET 04.01.23
■ i
a
DN N
BRED
■.. c�'�
g _
COLLAR TIE-86"AFF i O� �L� E'NlC1Y yi��
1 CAR GARAGE 2 CAR GARAGE --------- ------------------------------ ■ ` Q� �� Ol n�
8'-9"x 18'-2"(UNFINISHED) 19-6 x 1$-2 (UNFINISHED) 00
STUDIO ■ i N Z
EXISTING-NO CHANGES EXISTING-NO CHANGES 11'-7"x 20'-2"(FINISHED) ■ ' ,Fi
■ EXISTING KITCHENETTE ■
:.
CATHEDRAL CEILING lir-7"x 10'-0"(FINISHED) ■
-_ ---_--- _- -_-- --- EXISTING-NO CHANGES ■ TO BE STORAGE i `r� 04 4 423
r-------------------------------I r----- I ■ ' ■ yT -AO
■ F F NE
■
I I I ■ DISAPIO
RESIDENCE
■ 5780 NEW SUFFOLK AVE
■
M
NEW ELECTRIC_ 1000-
10 72
■ BASEBOARD HEAT
I i i i ■ SCALE: 1,/4a m X-O-
I
EXISTING SINK TO DATE: 04.01-23
�-
FINAL MAP BE CAPPED.
DRAWN BY: Z.E.N.
REVIEWED BY ZBA
---- - ----- -- -- - ---- - ----------- - - --- - ---- D-E-C-I S I D-N-# 3 - - -- ----FLOOR-PLAN--
DATED: to 3
N
10 5 0 A-1
ELECTRICAL SYMBOLS
RECEIVED
EXIST.CEILING MOUNTED FIXTURE JUL 18 2023 .
' EXIST.WALL MOUNTED FIXTURE
Zoning Board
Oa of dd ZEN DESIGN
Appeals
sM
]250 EVERGREEN DRIVE EXIST.SMOKE/CO2 DETECTOR CUTCHOGUE,NY 11935
MINI PHONE:631.513.6589
EXIST.SINGLE GANG OUTLET SPLIT
CONDENSER
NNW NEW ELECTRIC BASEBOARD
■ These playa aro aopytigbtod end ars subject to copyright
protection th
an
■
Copyright Ad, IIS .o.as eamended Dccamher 1990 and known
■, ', as Architectural Works Copyright Pmtection Actof1990.Tho
�,/�`}t,{.��)y ■ protection includes but Is not 9mited N the overall form as well
as the a rang"ent and cornposition o'spaces and dearents at
desig
Urmlefiruch
use of Iturse plans,
wwk cr home roP esenta0. nag I%rrsullin of
...... .:r. .x ..^ ,....
■
■,.
■r construcllsn or buildings being seimd and/ocrrmm Lary
componsa9on to ZEN DESIGN I.I.C.
i ■
■: STORAG
■� /�'� NO. ISSUE DATE
■ 01 PERMIT SET 04.0123
SM ■:
■
■
W SM
DN E-
�SgED ARC
E.NICK,
1 CAR GARAGE 2 CAR GARAGE ' ■ ■ Q- O� n�
STORAGE ■ G `p
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■ '. i sT■ 04442`5 ��`, ■ 4T A
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OF NEVJ
DISAPIO
RESIDENCE
All
5780 NEW SUFFOLK AVE
MATTITUCK,NY 11952
ELEC. 1000-115-10-7
PANEL ■ SCALE: 1/4a m X-O'
LL LF=
DATE: 04.0123
aN A L MAP
A DRAWN BY: ZE.N.
.A- BY ZBA
--- ---- -------- - ---- -- ---- -- - - - - ------DECISION# 1 3� -- - EL-EC-TRICAL-PLAN -
N
10 5 0 Amt
AL
ZEN DESIGN
1250 EVERGREEN DRIVE
CUTCHOGUE,NY 11.935
PHONE:631-513.6589
These plans am copyrighted and an subjeet to copyright
RECEIVED protection as an'architectural work'under See.302 of the
Copyright Act,17 U5.0.as amended Drocmber 3990 and krrown
as Architectural Works Copyright Prountion Act of 1990.The
protection Includes but Is not Umlted I,the ommll form as well
JUL 1 as the arrangement and composition d spaces and elements of
S 2023 design.Under such protection,unauthtritod use of these plans,
work of home ropresentoq can legally result in the cessation of
^� l constructionor buildings being sem and/or monotary
V ?3 compensation to ZEN DESIGN U.F
Zonis Board of q
Ppeals NO. ISSUE DATE
01 PERMITSET 04.Oi23
- - - - - t
11_1 1 111 ILL
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DISAPIO
RESIDENCE
5780 NEW SUFFOLK AVE
MATTITUCK,NY 11952
1000-115-10-7
SCALE: V4e-T-0e
N A L M Q P DATE: 04.01.23
EV I E, QED By Z BA DRAWN BY: ZE.N.
DECIS
ON
---- -- - - - - ----- -- - IDA7EC�: __ --- to __- - - --WEST ----
ELEVATION
10 5 0 A-3
ANIL AL
Al
ZEN DESIGN
1250 EVERGREEN DRIVE
CUTCHOGUE,NY 11935
PHONE:63L513.6589
Those playa are copyrighted and on subject to copyright
protection m an-amfitectural work'under Sec 102 of the
Copyright Act,17 115.0.as amended December 1990 and known
as Architectural Works Copyright Protection Act of 1990.The
protection incbdes but is net Umlted it the were"farm as wail
as the prrangC.Tront and composition o`spaces and elements of
design.Under such protaction,unauthnlfc d use of mase pi—,
work or home roprosonteq can legally—It in the ca satlon of
—trench or buildings being wi damVor monetary
canponsation to ZEN DESIGN LLC.
NO. ISSUE DATE
-- _
0i PERMITSEf 04.OL23
-
RECEIVED
JUL 18 2023 Rao a
- L Zoning Board of APPeals
( I L N Z
1)444?.
OF NES
Ea DISAPIO
RESIDENCE
5780 NEW SUFFOLK AVE
MATTITUCK,NY 11952
1000-115-10-7
SCALE: 1J4e m 1'-0"
DATE: 04.OL23
. FINAL MAP DRAWN BY: Z.E.N.
EVI EW C D BY Z BA
- - - - - -- - -- ' DECISION-#- SOUTH
DATED: b 3 __i ELEVATION
10 5 0 A-4
ZEN DESIGN
RECEIVED
CUUTCHOGUDRIVE
E 50 EVERGREEN
NLt935
PHONE:63L513.6589
23
� Theseptara—PYd,hledanaansubjecttoeopydsbtvratectlonman•architecturalwork undersec.=ofthe
p,,.S Copyd6mt Act,17 US.O.as Tided tWk a ber 1990 and blown
as An hkecheal Warks Cepydght Protection Act at 1990.Tho
protection In1des but is not Und d h the overall toren as-41
1 as the arrangement and composition o'spacas and elements of
design.Under such protection,unauthnized arse of these plans,
wok of home represonted,can legally result In the cessation of
construction or buildings being sclsd onyx manelary
con,peasation to ZEN DESIGN LLQ
NO. ISSUE DATE
01 PERMIT SET 04.0123
L_ - - -
't
FT 1 11 11
I _ 11
[Volj
I
rGRED AR
I'
I 1 11 fill
li I I N� Z
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{ F NE
-
DISAPIO
II I if Ila RESIDENCE
5780 NEW SUFFOLK AVE
MATTITUCK,NY 11952
1000-115-10-7
SCALE: 1,/4a-1r-0"
y- --- — DATE: 04.0123
'T ' AP DRAWN BY: ZE.N.
SA
M MPV --EAST
- -
DATED: p _ - ELEVATION -
t
10 5 0 - A_5
ZEN DESIGN
1250 EVERGREEN DRIVE
CUTCHOGUE,NY 11935
PHONE:631513.6589
Thew plans am copyrighted and as subject to copyright
protection as an'architectural mW under See.302 of the
Copydght Act.17 USA.as amended Dmember 1990 and known
as Architectural Works Copyright Protection Act of 1990.Tho
Protection Incbdm but Is net Umlted h the o 11 from as wail
as the.mange nt and eomposi ion of spaces and elements of
design.Under such protacdon,unaathuhmd use of thew plans,
work or home mpresentad,can legalyresult in the cessation of
construction or buildings being selwd and/or monetary
componsation to ZEN DESIGN I.I.C.
S + i
� N0. ISSUE DATE
i I I I I I I I l l i I t r l r i I t l l l i l l I I I s
01 PERMIT SET 04.0123
' 1111 1j It RED A
C,[I F �
i �_1 _I4 42
`
3
RECEIVEDs OF4tdE �0��
11 It ill 1 1 11 111 it, I 1 1.— t I I I I I I I 1
JUL 18 2023
DISAPIO
Zoning Board of Appeals RESIDENCE
5780 NEW SUFFOLK AVE
MATTITUCK,NY 11952
1000-115-10-7
SCALE: V4e m 1'-0a
DATE: 04.0123
FINAL MAP DRAWN BY: Z.E.N.
REVIEWED BY Z13A
-- - - �E�1 3� - - -NORTH -
- t
f
DATED: p ELEVATION
10 5 0 A-6
ecig
"nleeww
SITUATE: MATTITUCK - e of Pavement uff(Ol(1k A Ten `,
TOWN: cull \}/
SUFFOLK COUNTY, NY 582°54'00n� W E
SURVEYED I1-17-2022
SUFFOLK COUNTY TAX #
1000 - 115 - 10 - 7 t ' ttit tt
GPPRTUMD TO:
r
41: (
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Company
di 2 Story ; (3 1~E�� t
t Frame ie ° ' z ` t�
t n House w O F
RECEIVES o5t0P
V o
Zoning Board of Appeals a 4•, 1 4
4z
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Garage Q
rant
Flrepkice iI d 71
co s• � / ��• 1 N �
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ry
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�� �O �`� \ 1'"t��' �C1 G � >.�•ey,.as prrpcvrd n occcrQorco r,'ne tee ez-
NOTES: 1 h ' htt 0 Coda of pra tkr rc Lad 5 r.eg oe Deed
\ L!,!r�q,r{ s cy lM!WH YMI:S;a:S Anoc4Ylon Oi Profr9.irul
4.r"l,9 V LaN�svPjrr�.SOb cer[likoeons slwli rv,crFy
� • to{M person iar,a,pn lM1e>vvey N F'OIJOreO.
w P on eb 5einn to tiu title company.gevrrrmrn-
p PIPE FOUND X38, , a,age y�,Irby�e:.t��n iblyd M1e rdn.�ro
\ td,M1e P»Ig�re>a ua mroa,y e,>re�:Kv,. eertrtua-
mn,P•a not Iroro>r�onir to adaerona m>nmuare
AREA = 17,535 S.F. or 0.40 AGRE
C�� 1 �OHM_ C. EHLERS LAND SURVEYOR
ORAPHIG 5GALE 1"- 20' �\ \ 6 EAST MAIN STREET N.Y.S.LIC.NO.50202
RWERHEAD,N.Y. 11901 631-369-8288
,f REF.-C:\Us=Vohn1DMpbatal(05OSW-202a update 2022.pro
V_� COUNTY OF SUFFOLK
.) jaw;ndy :cdv CEIVED
9 202
bels � a3 STEVEN BELLONE
9 SUFFOLK COUNTY EXECUTIVE [_zzo7ningoard of Appeals
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 File Number
Charles Disapio #7832z,CT
Robert Martin #7833 ,3c-T
Very truly yours,
Ri. /��
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
FORM NO. 3 RECEIVED
TOWN OF SOUTHOLD JUL 8 2023
BUILDING DEPARTMENT
SOUTHOLD,N.Y. (Zoning Board of Appeals
NOTICE OF DISAPPROVAL -
DATE: May 11,2023
RENEWED: July 13,2023
TO: Martin Finnegan(Disapio)
PO Box 1452
Mattituck,NY 11952
Please take notice that your application dated April 7, 2023:
For permit:to legalize an as-built artist studio with half bathroom in an existing accessory
garage at:
Location of property: 5780 New Suffolk Avenue, Mattituck,NY
County Tax Map No. 1.000—Section 115 Block 10 Lot 7
Is returned herewith and disapproved on the following grounds:
The as-built construction,on this nonconforming 17.535 square foot lot in the Residential
R-40 District,is not permitted pursuant to Article III, Section 280-13 (C).
An artist studio in an accessory building is not a permitted accessoly use.
Authorized Signature
Note to Applicant:Any change or deviation to the above referenced application may
require further review by the Southold'Town Building Department.
CC:-file,Z.B.A. _ -
RECEIVE®
APPLICATION TO THE SOUTHOLD TOWN BOARD OFA PEAD9L 1 8 2023
AREA VARIANCE (�-3
House No. 5780 Street NEW SUFFOLK AVENUE Hamlet MATTITUC Zoning Boardof Appeals
SCTM 1000 Section: 115.00 Block: 10.00 Lot(s) 007.000 Lot Size: 0.40 ACRES Zone R-40
I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR
DATED 5/11/2023 BASED ON SURVEY/SITE PLAN DATED 04/01/2023
(RENEWED 7/13/2023)
Owner(s): CHARLES DISAPIO AND XANNE PEREZ
Mailing Address: 825 LESLIE ROAD,CUTCHOGUE, NY 11935
Telephone:631-398-3828 Fax: N/A Email: CGEARLTD@GMAIL.COM
NOTE:In addition to the above,please complete below if application is signed by applicant's attorney,agent,
architect,builder,contract vendee,etc.and name of person who agent represents:
Name of Representative: MARTIN D. FINNEGAN,ESQ. for downer( ) Other:
Address: PO BOX 1452, 13250 MAIN ROAD,MATTITUCK,NY 11952
Telephone: 631-315-6070 Fax: N/A Email: MFINNEGAN@NORTHFORK.LAW
Please check to specify who you wis correspondence to be mailed to,from the above names:
( )Applicant/Owner(s), (VfAuthorized Representative, ( ) Other Name/Address below:
WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN
DATED 04/01/2023 and DENIED AN APPLICATION DATED 04/07/2023 FOR:
(y)Building Permit
( ) Certificate of Occupancy ( )Pre-Certificate of Occupancy
( ) Change of Use
( )Permit for As-Built Construction
( ) Other:
Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance
by numbers.Do not quote the code.)
Article: III Section:280 Subsection: 13(C)
Type of Appeal. An Appeal is made for:
( )A Variance to the Zoning Code or Zoning Map.
( )A Variance due to lack of access required by New York Town Law-Section 280-A.
( )Interpretation of the Town Code,Article Section
(y)Request for Reversal or Overturn the Zoning Officer's Denial
Other
A prior appeal( ) has,- (- -has noflieeii made at any-time with respect to this aroaerty; - -
UNDER Appeal No(s). Year(s).
(Please be sure to research before completing this question or call our off ce for assistance)
Page 2, Area Variance Application RECEIVED
Revised 6/2023
N/A - SEE ATTACHED REASONS FOR JUL 18 2023
REVERSING/OVERTURNING NOTICE
REASONS FOR APPEAL OF DISAPPROVAL rd B
(Please be specific, additional sheets may be used with preparer's signature notarized): Zoning Board of Appeals
1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to
nearby properties if granted,because:
NOTFAPRLIICABLE.
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:
NOT APPLICABLE.
3.The amount of relief requested is not substantial because:
NOT APPLICABLE.
4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in
the neighborhood or district because:
NOT APPLICABLE.
5. Has the alleged difficulty been self created? { } Yes,or { }No Why: NOT APPLICABLE.
• Are there any Covenants or Restrictions concerning this land? rVf No { }Yes(please furnish a
copy)
• This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the
character of the neighborhood and the health, safety and welfare of the community.
By signing this document,the PROPERTY OWNER understands that pursuant to Chapter 280-
146(B)of the Code of the Town of Southold,any variance granted by the Board of Appeals shall
become null and void where a Certificate of Occupancy has not been procured,and/or a subdivision
map has not been filed with the Suffolk County Clerk,within three(3)years from the date such
variance was granted. The Board 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 CO ITH THE REQUIRED
TIME FRAME DESCRIBED HEREIN.
Signature of Applicant or Authorized Agent
(Agent must submit written Authorization from Owner)
Sworn to before me this /qA day
lii�
20 23 CaNIWNOTARY PUBLIC?SAE OF EW YORK
NO.0 1 SC6409457
QUALIFIED IN SUFFOLK COUNTY
Notary Public W COMMISSION EXPIRES SEP 28,20 1�
I
RECEIVED
ATTACHMENT TO AREA VARIANCE APPLICATIO OF JULY 8 2023
CHARLES DISAPIO AND XANNE PEREZ Zoning Board of q a—
ppeals
REASONS FOR REVERSING/OVERTURNING NOTICE OF DISAPPROVAL:
The Applicants, Charles DiSapio and Xanne Perez (hereinafter collectively
referred to as "Applicant") are seeking, by way of this appeal of the Building Inspector's
Notice of Disapproval, dated May 11, 2023, and last renewed on July 13, 2023, for a
building permit to legalize an as-built artist studio with half bathroom in an existing
accessory-garage, the reversal or overturning of said Disapproval and the granting of
relief deeming the artist studio customary and incidental to the single family use on
the premises.
The subject parcel is a .40-acre (17,535 SF) waterfront lot in the R-40 zoning
district. It is located on New Suffolk Avenue in Mattituck on Deep Hole Creek. As
depicted on the survey provided, the property is presently improved with a single-
family residence and a 4-bay frame garage, both of which are legally existing pursuant
to a Pre-Existing Certificate of Occupancy dated August 16, 2005. When the Applicant
took title to the property in 2022, they learned that one bay of the garage had been
partially improved with a kitchenette and bathroom without a permit.
Mr. DiSapio is a passionate artist with a background in architectural design
and drafting. He was educated at the Pratt Institute and spent his 35 year career
designing custom furniture and open plan office concepts for Fortune 500
corporations. He also owned and operated his own furniture and lighting design
showroom in Bridgehampton. Now that he is retired, he would like to continue to
create drawings, paintings and sculptures for his personal enjoyment in his new
home. As such, the Applicant is seeking relief to legalize the as-built improvements in
the 4th garage bay to create his own art studio with a half bath.
The ZBA has determined in prior decisions that for an art
Studio/workshop use to be considered incidental to a principal use, it must be for the
owner's personal use with no commercial or retail component. Reference is made to
the Board's comprehensive Determinations in Wilson-Ryckmann (ZBA # 7454 dated
2/4/21) and Nardolillo (ZBA #7457 dated 2/4/21) wherein the ZBA set forth its code
interpretation pursuant to Section 280-146(D) of the Town Code "to provide clarity
about these two accessory uses and as to whether they are allowed in accessory
structures." In these Determinations, the Board stated that:
"Since neither a `work-shop' nor an `artist studio'is listed as an allowed
accessory use, if it is to be considered an allowed accessory use, the
Board would have to conclude that the use is `customary and incidental to
the principal use'. which in both matters before the Board is a single-
--- - family-residence: As set forth below,-the Board-has-concluded-that under-
certain conditions, both proposed uses should be considered customary
and incidental to a single-family residence and therefore, allowed
accessory uses in accessory structures."
RECEIVED
JUL 18 2023
�,$ 3;)-
"Based on the sheer number of times this issue has been before th pa,Board of Appeals
it would appear that this type of artist studio or workshop is customary
use to a single-family residence."
"In order for these uses to be considered incidental, they must maintain a
personal and/or hobby aspect to them and not become a more commercial
type of use."
The ZBA went on to establish a list of elements and conditions that must be
established for the Board to determine that these uses are customary and incidental to
the principal use. For the following reasons, the Applicant respectfully submits that
the proposed artist studio use is customary and incidental to the principal single-
family residential use:
1. Such use is incidental to the principal residential use on the premises.
The existing single-family residence is the Applicant's home and will remain as such.
The proposed artist studio will be located in a portion of a lawfully existing accessory
garage on the premises.
2. The artist's studio/workshop in an accessory structure is not rented to or
used by anyone other than the property owner of the principal dwelling.
The proposed artist's studio will be for the Applicant's personal use. The location on
the southern end of the garage provides the perfect view and setting for the Applicant
to pursue his passion in art.
3. No individual or group instructions, classes or demonstrations related to
the production/fabrication of crafts/art works in the studio/workshop
may take place on the property.
No lessons or demonstrations will take place in the proposed studio space.
4. The property owner may not employ or engage unpaid assistance by any
other persons(s) in relation to the production/fabrication of art/crafts in
the accessory structure,
The Applicant has no employees. The artist studio is proposed for the personal and
- -private-use-of the Applicant. - —- --- - - - --
5. There is no exterior effect at the property line such as noise, traffic, odor,
dust, smoke, gas, fumes or radiation.
The Applicant's creation of works of art is not anticipated to create any adverse
impacts to neighboring properties.
6. No display of products/art work/crafts etc. is visible to the street.
The proposed studio is located in the southeast corner of the Applicant's roperty. All
artwork will be stored within the accessory structure. RECEIVED
7. No sales to the public are permitted on the subject propert JUL j $ 223
Zoning ��3a`
No sales of any kind will take place on the subject property. 9 Board of Appeals
8. Plumbing in the accessory structure is limited to a half bath (toilet and
sink) and a utility sink.
As depicted on the floor plan provided, the existing sink and toilet in the space will
remain. The kitchenette plumbing will be removed and the area returned to storage
space.
9. Activities in the artist's studio/workshop in the accessory structure are
limited to the production of crafts and works of art such as painting,
sculpture, photography, ceramics, weaving/textiles, glass art (but not
glass blowing), and personal woodworking/carpentry and auto mechanics
on vehicles belonging only to the property owner.
The Applicant's artistic endeavors will not include glass blowing and will be so limited
to painting, sculpture and sketches.
10. No sleeping or cooking is permitted in the accessory structure.
See response to #8 above.
11. An accessory structure used as an artist's studio/workshop may
only contain that one use in addition to non-habitable (unfinished, open
rafters and stud walls) storage of general household items, garden tools
and/or vehicles.
There will only be one use in the structure.
—_ --12. _-- An-accessory apartment-in the-accessory--str-ucture-is-not permitted— --- —
unless the artist's studio/workshop use is removed and a special exception
permit is obtained from the Zoning Board of Appeals.
No accessory apartment is proposed.
RECEIVED
JUL 18 2023
�7 g32-
Zoning Board of Appeals
13. The following uses are not, by this determination, conside-LULL Ld U=
permitted uses in an artist's studio/workshop in an accessory structure,
as defined herein and are prohibited: workout/fitness activities,
recreational activities, and home offices (as defined in the Town Code).
This application is for an artist's studio to be located in one bay of a lawfully existing
accessory garage.
By: Mar in D. Finnegan, Authorized Agent
�Sworn to before me this it,
daof l 2023
c
SCHWEITZER ANNALISE
Notary Public NOTARY PUBLIC-STATE OF NEW YORK
NO.01 SC6409457
QUALIFIED IN SUFFOLK COUNTY
MY COMMISSION EXPIRES SEP 28,20 Z
RECEIVED
e> '�
"Down Hall Annex t Telephone (6. 1) 765-1802
u JUL Y 82023
54i75 Main Road
P.O. Box 1 179
Sou[holcl,NY 11971-0959 �� , '� ✓� Zoning Board/�gppeals
fvi
U�N��`i � _ r
BUILDING DEPARTMENT .
TOWN OF SOUTHOLD
STOP WORK ORDER
TO: Charles DiSapio
825 Leslie Rd
Cutchogue IVY 11935
YOU ARE HEREBY NOTIFIED TO SUSPEND ALL WORK AT:
5780 New Suffolk Ave, Mattituck
TAX MAP NUMBER: 1000-115.-10-7
Pursuant to Section 144-8 of the Town of Southold Code, you are hereby notified
to immediately suspend all work until this order has been rescinded.
BASIS OF STOP WORK ORDER:
Construction without first obtaining a Building Permit
CONDITIONS UNDER WHICH WORK MAY BE RESUMED:
When a Building Permit has been issued.
FAILURE TO REMEDY THE CONDITIONS AFORESAID AND TO COMPLY
WITH THE APPLICABLE PROVISIONS OF LAW MAY CONSTITUTE AN
OFFENSE PUNISHABLE BY FINE IMPRISONMENT OR BOTH.
�-JT�- J n
f
DATE: January 20, 2023 ��'" �?
Lester Baylins ten.
-- r mance Inspector - - -IT SHALL BE UNLAWFUL TO REMOVE THIS NOTICE WITHOUT WRITTEN
CONSENT OF THE ISSUING AGENCY.
Zoning Board of Appeals
APPLICANT'S PROJECT DESCRIPTION
APPLICANT: CHARLES DISAPIO AND XANNE PEREZ SCTM No. 1000-115.00-10.00-007.000
1. For Demolition of Existing Building Areas
RECEIVED
Please describe areas being removed: N/A
2023
3oZ-
II.New Construction Areas (New Dwelling or New Additions/Extensions): N/A Zoning Board of Appeals
Dimensions of first floor extension:
Dimensions of new second floor:
Dimensions of floor above second level:
Height(from existing natural grade):
Is basement or lowest floor area being constructed?If yes, please provide height(above ground)measured from
natural existing grade to first floor:
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: 4-CAR GARAGE
Number of Floors and Changes WITH Alterations: 3-CAR GARAGE WITH AS-BUILT ARTIST STUDIO
IV. Calculations of building areas and lot coverage,sky plane(From Surveyor,Design Professional):
Existing square footage of buildings on your property: N/A
Proposed increase of building coverage: N/A
Square footage of your lot: 17,535SF
Percentage of coverage of your lot by building area(lot coverage) N/A
Gross Floor Area(GFA)of single family dwelling including the attached garage and/or habitable detached
accessory structure: (Please refer to Chapter 280, Section 280-207 of the Town Code):
N/A
For Residential lots, is project within the allowable Sky Plane? (Please refer to Chapter 280, Section 280-208 of
the Town Code): N/A
V.Purpose of New Construction: LEGALIZE AS-BUILT ARTIST STUDIO/WORKSHOP.
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): Describe on separate page if needed:
FLAT- N/A
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.
Revised 6/2023
QUESTIONNAIRE
FOR FILING WITH YOUR ZBA APPLICATION RECEIVED
A. Is the subject premises currently listed on the real estate market for sal ? JUL 19 2023
Yes V No —A 3 9-
Zoning Board of Appeals
B. Are there any proposals to change or alter land contours?
V No Yes,please explain on separate sheet.
C. 1.)Are there areas that contain sand or wetland grasses? YES - DEEP HOLE CREEK
2.)Are those areas shown on the survey submitted with this application? YES
3.)Is the property bulk headed between the wetlands area and the upland building area?
THERE IS A RETAINING WALL.
4.)If your property contains wetlands or pond areas, have you contacted the Office of the
BOARD OF TRUSTEES for its determination of jurisdiction? YES
Please confirm status of your inquiry or application with the Board of Trustees:
N/A-INTERIOR ALTERATIONS
If issued, please attach copies of your permit listing conditions of approval with a copy of
the approved survey.
D. Is there a depression or sloping elevation near the area of proposed construction at or
below five feet above mean sea level? NO
E. Are there any patios, concrete barriers,bulkheads or fences that exist that are not shown
on the survey that you are submitting? NO
If any of the aforementioned items exist on your property, please show them on a site
plan.
F. Are there any construction projects currently in process on your property? NO
If yes,please submit a copy of your building permit and survey as approved by the Building
Department and please describe scope of work:
N/A
G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject
premises. If none exist, please apply to the Building Department to obtain them or to obtain an
Amended Notice of Disapproval.
H. Do you or any co-owner also own other land adjoining or close to this parcel? NO
If yes,please label the proximity of your lands on your survey and identify the Suffolk
County Tax Map No. N/A
I. Please list present use or operations conducted at your property, and/or the proposed use
EXISTING SINGLE-FAMILY RESIDENC -WITH DETACHED GARAGE.PROPOSED:SAME WITH ARTIST STUDIO IN ONE BAY OF GARAGI
J. (examples:existi mgle family,proposed:same with garage,pool or other)
- - - - - —11jq)kjs - --- - -
Autho tzed signatur Date
RECEIVE[
AGRICULTURAL DATA STATEMENT �` JUL Y 8 2023
ZONING BOARD OF APPEALS ?,g Ua
TOWN OF SOUTHOLD Zoning Board of Appeals
WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use
permit,site plan approval, use variance, area variance or subdivision approval on property within
an agricultural district OR within 500 feet of a farm operation located in an agricultural district.
All applications requiring an agricultural data statement must be referred to the Suffolk County
Department of Planning in accordance with Section 239m and 239n of the General Municipal
Law.
I. Name of Applicant:CHARLES DISAPIO AND XANNE PEREZ
2. Address of Applicant:825 LESLIE ROAD, CUTCHOGUE, NY 11935
3. Name of Land Owner(if other than Applicant):
4. Address of Land Owner:
5. Description of Proposed Project:
AS-BUILT CONVERSION OF A PORTION OF GARAGE TO ARTIST STUDIO/WORKSHOP.
6. Location of Property: (Road and Tax map Number) 5780 NEW SUFFOLK AVENUE, MATTITUCK, NY 11952
1000-115.00-10.00-007.000
7. Is the parcel within 500 feet of a farm operation? { } Yes 1,4 No
8. Is this parcel actively farmed? { } Yes {\/} No
9. Name and addresses of any owner(s)of land within the agricultural district containing active
farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board
Staff, it is your responsibility to obtain the current names and mailing addresses from the Town
Assessor's Office(765-1937)or from the Real Property Tax Office located in Riverhead.
NAME and ADDRESS
1.
2.
3.
4.
5.
6.
(Please use the of th' page if there are additional property owners)
07 / f 2023
Signature o 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.
RECEIVED
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Appendix B
Short Environmental Assessment Form JUL 182023
Zoni 7Z
Instructions for Completing ng Boar A
Board °f PPeals
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 I 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:
DISAPIO ARTIST STUDIO
Project Location(describe,and attach a location map):
5780 NEW SUFFOLK AVENUE, MATTITUCK, NY 11952 - 1000-115.00-10.00-007.000
Brief Description of Proposed Action:
APPROVAL OF AS-BUILT CONVERSION OF ACCESSORY GARAGE BAY (1)
TO ARTIST STUDIO.
Name of Applicant or Sponsor: Telephone: 631-315-6070
MARTIN D. FINNEGAN E-Mail:MFI NN EGAN@NORTHFORK.LAW
Address:
PO BOX 1452, 13250 MAIN ROAD, MATTITUCK, NY 11952
City/PO: State: Zip Code:
1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES
administrative rule,or regulation?
If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that
may be affected in the municipality and proceed to Part 2. If no,continue to question 2.
2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES
If Yes,list agency(s)name and permit or approval: _
3.a. Total acreage of the site of the proposed action? 0.40 acres
b.Total acreage to be physically disturbed? 0 acres
c_.Total acreage(project site and any contiguous properties)owned
or controlled by the applicant or project sponsor?- - - - - -0.40- - acres
4. Check all land uses that occur on,adjoining and near the proposed action.
❑Urban ❑ Rural(non-agriculture) ❑Industrial ❑ Commercial IdResidential(suburban)
- ❑Forest ❑Agriculture tdAquatic ❑ Other(specify):
❑Parkland
Page 1 of 4
5. Is the proposed action, IVE'LL NO YES N/A
a.A permitted use under the zoning regulations? V
JULY 8 23
b.Consistent with the adopted comprehensive plan? V
6. Is the proposed action consistent with the predominant character ltd igg� ' t atural NO YES
landscape?
o �ppeals
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: V
8. a. Will the proposed action result in a substantial increase in traffic above present levels? NO YES
V
b.Are public transportation service(s)available at or near the site of the proposed action? V
c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? V
9.Does the proposed action meet or exceed the state energy code requirements? NO YES
If the proposed action will exceed requirements,describe design features and technologies: V
10. Will the proposed action connect to an existing public/private water supply? NO YES
If No,describe method for providing potable water: V
11.Will the proposed action connect to existing wastewater utilities? NO YES
If No,describe method for providing wastewater treatment: V
12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES
Places? _
b.Is the proposed action located in an archeological sensitive area? V_ /
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
El Wetland ❑Urban 19 Suburban
15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES
by the State or Federal government as threatened or endangered? V
16.Is the project site located in the 100 year flood plain? NO YES
V
17. Will the proposed action create storm water discharge,either from point or non-point sources? NO YES
If Yes, - - -
a. Will storm water discharges flow to adjacent properties? ❑NO ❑ YES
b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)?
If Yes,briefly describe: ❑NO❑YES
Page 2 of 4
18.Does the proposed action include con,•:_ tion or other activities that result 'n the im"�t o NO YES
water or other liquids(e.g.retention pond,waste lagoon,dam)? tt V
If Yes,explain purpose and size: fill I
19.Has the site of the proposed action or an adjoining property been the locati an active or 26&peals NO YES
solid waste management facility? _
If Yes,describe: V
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/sponsorname: M TIN D. FINNEGAN Date: 7/11' /2023
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
MI:IIXIVt
v No,or Moderate
small to large
JUL 18 22023 impact impact
c�a— may may
Zon occur occur
10. Will the proposed action result in an increase in the potential f ina e
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
Town of Southold RECEIVED
LWRP CONSISTENCY ASSESSMENT FORM JUL 1
-� 2023
A. INSTRUCTIONS Zoning Boa a(f-ea
A Is
1. All applicants for permits* including Town of Southold agencies, shall complete for
proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This
assessment is intended to supplement other information used by a Town of Southold agency in
making a determination of consistency. *Except minor exempt actions including Building Permits
and other ministerial permits not located within the Coastal Erosion Hazard Area.
2. Before answering the questions in Section C, the preparer of this form should review the exempt
minor action list, policies and explanations of each policy contained in the Town of Southold Local
Waterfront Revitalization Program. A proposed action will be evaluated as to its significant
beneficial and adverse effects upon the coastal area(which includes all of Southold Town).
3. If any question in Section C on this form is answered "yes", then the proposed action may affect the
achievement of the LWRP policy standards and conditions contained in the consistency review law.
Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a
determination that it is consistent to the maximum extent practicable with the LWRP policy
standards and conditions. If an action cannot be certified as consistent with the LWRP policy
standards and conditions, it shall not be undertaken.
A copy of the LWRP is available in the following places: online at the Town of Southold's
website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all
local libraries and the Town Clerk's office.
B. DESCRIPTION OF SITE AND PROPOSED ACTION
SCTM# 115.00 -10.00 -007.000
The Application has been submitted to (check appropriate response):
Town Board 0 Planning Dept. 0 Building Dept. 0 Board of Trustees 0 vZONING BOARD
OF APPEALS
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) 0
(b) Financial assistance(e.g. grant,loan, subsidy)
- - -(c) Permit,—approval, license,-certification:
Nature and extent of action:
CONVERSION OF EXISTING ACCESSORY GARAGE TO ARTIST STUDIO/WORKSHOP.
Location of action:5780 NEW SUFFOLK AVENUE, MATTITUCK, NY 11952
a
Site acreage:0.40
Present land use:RESIDENTIAL eard-
Present zoning classification:R-40
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: CHARLES DISAPIO AND XANNE PEREZ
(b) Mailing address:825 LESLIE ROAD, CUTCHOGUE, NY 11935
(c) Telephone number: Area Code ( ) 631-398-3828
(d) Application number, if any:
Will the action be directly undertaken,require funding, or approval by a state or federal agency?
Yes ❑ No® If yes,which state or federal agency?
DEVELOPED COAST POLICY EXEMPT ACTION
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 ® Not Applicable
Attach additional sheets if necessary
Policy -2. Protect and preserve historic-and archaeological- resources of the Town of S_o_ uthold. See
LWRP Section III—Policies Pages 3 through 6 for evaluation criteria
❑ Yes ❑ No ® Not Applicable
Attach additional sheets if necessary
Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See
LWRP Section III—Policies Pages 6 through 7 for evaluation criteria
Yes 0 No ® Not Applicable RECEIV�p
U�
oning 8
Ppeals
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
D Yes [1] No ® Not Applicable
Attach additional sheets if necessary
Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III
—Policies Pages 16 through 21 for evaluation criteria
0 Yes E No ®Not Applicable
Attach additional sheets if necessary
Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including
Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22
through 32 for evaluation criteria. - - -
F Yes [] No® Not Applicable
RECEIVED
JUL 18 2n23
Attach additional sheets if necessary Zoning Board of Appeals
Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies
Pages 32 through 34 for evaluation criteria.
❑ Yes ❑ No® Not Applicable
Attach additional sheets if necessary
Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous
substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria.
❑ Yes ❑ No ® Not Applicable
PUBLIC COAST POLICIES
Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public
resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation
criteria.
❑ YeED No® Not Applicable
Attach additional sheets if necessary— - - - - - - - - - -
WORKING COAST POLICIES
Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in
suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria.
❑ Yes ❑ No ® Not Applicable
8 2023
Zoning
01 Appeals
Attach additional sheets if necessary
Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic
Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria.
❑ Yes ❑ No ® Not Applicable
Attach additional sheets if necessary
Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages
62 through 65 for evaluation criteria.
❑ Yes ❑ No® Not Applicable
Attach additional sheets if necessary
Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP
Section III—Policies; Pages 65 through 68 for evaluation criteria.
0 Yes ❑ No V Not Applicable
Created on 512510511:20 AM
------------
RECEIVED
JULY 8 2023
Zoning Board of Appeals
Board of Zoning Appeals Application
AUTHORIZATION
(Where the Applicant is not the Owner)
ICHARLES DISAPIO residing at 825 LESLIE ROAD, CUTCHOGUE,
(Print property owner's name) (Mailing Address)
NY 11935, do hereby authorize MARTIN D. FINNEGAN
(Agent)
to apply for variance(s) on my behalf from the
Southold Zoning Board of Appeals.
Cly S
(Owner's Signature)
CHARLES DISAPIO
(Print Owner's Name)
a
Board of Zoning Appeals Application
AUTHORIZATION
(Where the Applicant is not the Owner)
I, XANNE PEREZ residing at 825 LESLIE ROAD, CUTCHOGUE,
(Print property owner's name) (Mailing Address)
NY 11935, do hereby authorize MARTIN D. FINNEGAN
(Agent)
to apply for variance(s)on my behalf from the
Southold Zoning Board of Appeals.
V"—,f l
(Owner's Si a ure)
XANNE PEREZ
(Print Owner's Name)
i 1
lemp
ECEIVED
L 18 2023
APPLICANT/OWNER
TRANSACTIONAL DISCLOSURE FORM Board of Appeals
The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers as.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: CHARLES DISAPIO
(Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a
company.If so,indicate the other person's or company's name.)
TYPE OF APPLICATION: (Check all that apply)
Tax grievance Building Permit
Variance Trustee Permit
Change of Zone Coastal Erosion
Approval of Plat Mooring
Other(activity) Planning
Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer
or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business
interest"means a business,including a partnership,in which the town officer or employee has even a partial
ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the
shares.
YES NO
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 t ' ¢ of April
day 2o23
Signature -
Print Name CHARLES DISAPIO
[Zoning
CEIVE®
1 20223
APPLICANT/OWNER RECEIVED:
TRANSACTIONAL DISCLOSURE FORM ard of Appeals
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: XANNE PEREZ
(Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a
company.If so,indicate the other person's or company's name.)
TYPE OF APPLICATION: (Check all that apply)
Tax grievance Building Permit
Variance Trustee Permit
Change of Zone Coastal Erosion
Approval of Plat Mooring
Other(activity) Planning
Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer
or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business
interest"means a business,including a partnership,in which the town officer or employee has even a partial
ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the
shares.
YES NO
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 '4 day of April 12023
Signature
Print Name XANNE PER Z
RECEIVED
AGENT/REPRESENTATIVE JUL 18 2023
TRANSACTIONAL DISCLOSURE FORM -N 3�
Zoning Board of Appeals
The Town of Southold's Code of Ethics prohibits conflicts of interest on the art of town officers anL!9,
o
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 : MARTIN D. FINNEGAN
(Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a
company.If so,indicate the other person's or company's name.)
TYPE OF APPLICATION: (Check all that apply)
Tax grievance Building Permit
Variance V Trustee Permit
Change of Zone Coastal Erosion
Approval of Plat Mooring
Other(activity) Planning
Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer
or employee of the Town of Southold?"Relationship" includes by blood,marriage,or business interest."Business
interest" means a business,including a partnership,in which the town officer or employee has even a partial
ownership of(or employment by)a corporation in which the town officer or employee owns more than 5% of the
shares.
YES NO
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 ay of JULY 2023
Signa re
Print MAR IND.FINNEGAN
Y
i
RECEIVED
i JUL 18 2023
Zoning Boal of-Apmpyers
Nor '
a r _
i TT
r
.....� a
M �•
y
FORM NO. 4
TOWN OF SOUTHOLD RECEIVED
BUILDING DEPARTMENT
Office of the Building Inspector JUL 182023
Town Hall 2023
Southold, N.Y. `7 $3 a..
L
ng Board of Appeals
PRE EXISTING
CERTIFICATE OF OCCUPANCY
No: Z- 31113 Date: 08/16/05
THIS CERTIFIES that the building DWELLING
Location of Property 5780 NEW SUFFOLK AVEMATTITUCK
(HOUSE NO.) (STREET) (HAMLET)
County Tax Map No_ 473889 Section 115 Block 0010 Lot 007
Subdivision Filed Map No. Lot No.
conforms substantially to the Requirements for a ONE FAMILY DWELLING
built prior to APRIL 9, 1957 pursuant to which CERTIFICATE OF
OCCUPANCY NUMBER Z- 31113 dated AUGUST 16, 2005
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 ONE FAMILY DWELLING WITH ACCESSORY 4 CAR WOOD FRAME GARAGE AND
1 ACCESSORY CONCRETE STORAGE BUILDING*
The certificate is issued to DAVID C. & LESLIE P. TUTHILL
(OWNER)
of the aforesaid building.
SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A
ELECTRICAL CERTIFICATE NO. N/A
PLUMBERS CERTIFICATION DATED N/A
*PLEASE SEE ATTACHED INSPECTION REPORT.
Affthorized Signature
Rev. 1/81
SURVEY OF PROPERTY
SITUATE: MATTITUCK e �liliiF®��1��IlIl�Il� N
TOWN: SOUT 4OLD
SUFFOLK COUNTY, NY *54 bo E W E
SURVEYED II-1"i-2022
SUFFOLK GOUNTY TAX q 19 i i i�-es 1
1000-115-10—7
CERTUM TO:
/y^M
_
CbgdcS U
PC=
Abecactalaoaapomnl �, t i ' m;' 'h�0.e o
$teliEI�T111G IIIWfilY7�C0111]laDy L
2 Story
Frame \ o
House a
� N
t
66
( ao'`
` Frame
Ca / Garage
Q f
k�j-
0
(33
CL
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_ 3'7(5,3\ u+ D U' rev
taf NE
NOTES
o PIPE FOUND <38, �7/"f _
AREA= I7,535 S.F.or 0.40 ACRE \ \ , ' .EBJ-ERS LAND SURVEYOR
� i�0H CC? / \ 1 6 HASP MAIN STRHHT N.Y.S.LTC.NO.50202
GRAPHIC 5GALE i"= 20' RIVERHEAD,N.Y.11901 631-369-8288
t ' RHE.•C%U—UohnM)wpb-W510 W-202a update 2022.pm
FORM NO. 4
TOWN OF SOUTHOLD RECEIVED
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE JUL 1 � 2023
SOUTHOLD. N. Y. -% 3�_ '
Zoning Boar oard of4PPe als
CERTIFICATE OF OCCUPANCY
Z 917 November 25........ ., 60
No. .......... .. .. Date .... ... .....I.............. ............. . 19.......
New Suffolk Av6v" mattituck
TI-IIS CERTIFIES that the building located at ........... .... ................... .............I.,............... Street
-Map No. ......................Block No. ....................Lot No. ... ..........I........ ........................................I...............
conforms substantially to the Application for Building Por.-mit heretofore filed In this office
October 9 Z 485
dated ...................................... ..... .. 19�".. pursuant to which Buildi�g•-Permit No. ........................
-lated .............4 Octob'er...14.......2 19.AA., 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
]PRWATE OW, FAMLY DWELLIM
.........................................................................I........... ............................................
Rusael D. Tuthill, owner.
Thiscertificate is issued to ................. .......................................................................................................
(owner, lessee or tenant)
of the aforesaid building.
C-9
.................................................. ........................
Building Inspector
�� � _ ,,,5•� _ _ �_ �rrr.,�:v. ,, ' mow..
's: _ :%'SIT i ,�� '^'_ -:w��✓� r"u�e S��'�•``a_ _ ..:: i i, „.� � '.•
r'S s�' Z' � '� • ` .. � ` �. ..:.' .'�.'. -. � i'`'. ti - � �-�•- � - •.-,'a. ',.x%'11 �L•�
- ,.` "T"�a:arrs,•:1aa3a•ZcnsPG:4w.�;:,�ry�•,',u�+,�'..,u3..cxas'�s:�u��rrraznaiA^s�vrcxsuc�r :�..�s���:r�arn,,,,�•n°.t;.:.c�tY�• •;a att�*�.r��,rc�r.�'r�n�sei�pc�'_ 1 �{
CE-T'/FD
BOARD OF SOUTHOLD TOWN TRUST ES JUL 8 2023
SOUTHOLD,NEW YORK Zonin I � 3X
9 Board of,4
ti PERMIT NO.10313 DATE: FEBRUARY 15,2023
ISSUED TO: CHARLES DiSAPIO&XANNE PEREZ n;
EQ �, PROPERTY ADDRESS: 5780 NEW SUFFOLK AVENUE,MATTITUCK �-
�r
SCTM# 1000-115-10-7
AUTHORIZATION
jy Pursuant to the provisions of Chapter 275 of the Town Code of the Town of Southold and in .
accordance with the Resolution of the Board of Trustees adopted at the meeting held on February 15,2023,and m'
in consideration of application fee in the sum of$500.00 paid by Charles DiSapio&Xanne Perez and subject
a to the Terms and Conditions as stated in the Resolution,the Southold Town Board of Trustees authorizes and
permits the following: 3
Wetland Permit for the as-built in-place removal and replacement of existing 45' long by 8'
l s high concrete block retaining wail; and to remove five(5)dead trees on the property;with they s
condition to establish and perpetually maintain a 10'wide non-turf vegetated buffer landwards
of the retaining wall; and that the removed trees are replaced with native hardwoods elsewhere G °•\w'
on the property;and as depicted on the project plan prepared by Charles DiSapio,received on
December 21,2022,and stamped approved on February 15,2023.
IN WITNESS WHEREOF,the said Board of Trustees hereby causes its Corporate Seal to be affixed,and these
presents to be subscribed by a majority of the said Board as of the day and year first above written. ,
rd
7•'~ � 41. i0�,]a'f�%�i., Wa A.,Q•in�an i�0.'�Q'�'wii w�./.x'S�''�7��'ain'S5'.a xf n..�''{11i.L.�. . ..+a�u.vuu Mx>`l� +u�•�`i tw Iii]TSCt��7v'7.P.h76S5•1.�]..re,s].M. a5' t •1'r
-s°/ \,.r�.. �i,e ;,s- _�•sy,�• ',.�••"°i •...u/� d9•:,"AN "`S..' �•'•'.�r ',�:�tiC,fS .•+?~ri^� _.,�°�� �:�''. .
RECEIVE®
TERMS AND CONDITIONS JUL Y 8 2 23
The Permittee Charles DiSa io&Xanne Perez residingat 5780 New Suffolk Av n��ning Board of Appeals
Mattituck,New York as part of the consideration for the issuance of the Permit does u
and prescribe to the following:
1. That the said Board of Trustees and the Town of Southold are released from any and all
damages,or claims for damages,of suits arising directly or indirectly as a result of any
operation performed pursuant to this permit,and the said Permittee will,at his or her own
expense,defend any and all such suits initiated by third parties,and the said Permittee
assumes full liability with respect thereto,to the complete exclusion of the Board of Trustees
of the Town of Southold.
2.- That this Permit is valid for a period of 24 months,which is considered to be the estimated
time required to complete the work involved,but should circumstances warrant,request for
an extension may be made to the Board at a later date.
3. That this Permit should be retained indefinitely,or as long as the said Permittee wishes to
maintain the structure or project involved,to provide evidence to anyone concerned that
authorization was originally obtained.
4. That the work involved will be subject to the inspection and approval of the Board or its
agents,and non-compliance with the provisions of the originating application may be cause
for revocation of this Permit by resolution of the said Board.
5. That there will be no unreasonable interference with navigation as a result of the work herein
authorized.
6. That there shall be no interference with the right of the public to pass and repass along the
beach between high and low water marks.
7. That if future operations of the Town of Southold require the removal and/or alterations in the
location of the work herein authorized,or if,in the opinion of the Board of Trustees,the work
shall cause unreasonable obstruction to free navigation,the said Permittee will be required,
upon due notice,to remove or alter this work project herein stated without expenses to the
Town of Southold.
8. The Permittee'is required to provide evidence that a copy of this Trustee permit has been
recorded with the Suffolk County Clerk's Office as a notice covenant and deed restriction to
the deed of the subject parcel.Such evidence shall be provided within ninety(90)calendar
days of issuance of this permit.
9. That the said Board will be notified by the Permittee of the completion of the work
authorized.
10. That the Permittee will obtain all other permits and consents that may be required
supplemental to this permit,which::ay be subject to revoke upon failure to obtain.same.
11. No right to trespass or interfere with riparian rights. This permit does not convey to the
permittee any-right to trespass upon-the-lands or-interfere-with the riparian-rights of others in
order to perform the permitted work nor does it authorize the impairment of any rights,title,
or interest in real or personal property held or vested in a person not a party to the permit.
SURVEY OF PROPERTY
SITUATE. MATTITUCK °°9a°'�° "1 UT(Dlk N
TOWN: SOUTHOLD
SUFFOLK COUNTY, NY5&2°5•'oo-t- W E
I +
SURVEYED II-1'f-2022 , i , .
5UFFOLK COUNTY TAX i 132'g8. i i fi I I .S
1000-115-10-T ' ••�• I`` I I I I I I
; I 1 -•-ii n u
, n�
C@IY6HIT®TO: 0 I cF II +11 !� J�V l9�1 ------- " 301.2
mea lDiSapio ..F 0 i --- r �� �-jn�S 01 0Y
4
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House 0zL
t®�
APPROVED BY p
60ARD OFTRUSTEES g� o _ _ >c
o s — - oir \ o
Z d
=TOWN OF SOUTHOLD a Frame 3 AMD T E�
------ Garage / -j
C/N �at II 71 L J .9 L'�
Q I'I'IlI1LJ1\/UI
Hall
DEC 21 2022
45w y
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10
'
NOTES, l ni��r ,l� 1U1+�[,��IIV\UJ►f7l;,l� O/� � ; \ 1 f,AP�dD" w;
p PIPE FOUND 6.88, \ 1-
AREA=11,555 5.F.or 0.40'ACRE C/- \ \ \ JOHN C.� S LAM
LA ATYI O
GRAPHIC SCALE I"= 20' \ \ 6SASTMADVS C1d\JJN.►YiS. G♦NO.
GSIUA
N. 1191 631-3 5288
RSF.-C:1 sen�olm - update 2022.pm
m
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n wow m
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o,
i
ALL MOORINGS Al..- „TAKES MUST DISPLAY VISIBLE MOORING LvuABERS
ALL DOCKS AND BULKHEADS MUST DISP'LAY VISIBLE PERMIT NUMBERS
-��
RECEIVED
Wm
..1iiF..:'' Y e� :: ><; iir :<
JUL 1 2023
^'~ =% _ -j r;?�? at�"rr�✓' ' '--^ .ate.::
i g Board of Appeals
Board Of Southold Town Trustees ;;
n SOUTHOLD, NEW YORK .�.
Mooring # N/A "
r` PERMIT NO 1767 s..'
Nov 7 1983
i `�• I, DATE: ............-......................
ISSUED TO Russell an......................................................Helen D. Tuthill
_ . .....................
Pursuant to the provisions of Chapter 615 of the Laws of
>_> the State of New York, 1893; and Chapter 404 of the Laws of the
State of New York 1952; and the Southold Town Ordinance en-
�,.
.i titled "REGULATING AND THE PLACING OF OBSTRUCTIONS
I IN AND ON TOWN WATERS AND PUBLIC LANDS and +he ::'
f REMOVAL OF'SAND, GRAVEL OR OTHER MATERIALS FROM '
„r LANDS UNDER TOWN WATERS;" and in accordance'.with the s . `
- Resolution of The Board adopted at a meetingNov. 2.......... 1;
'£ FI 19.........8. and in consideration of the sum of ........... paid by
5.0 0
6
ka Russel..y....and._Helen...D.......T.uthill.....................
of ..Mattituck....................................................... N. Y. and subject to the
Terms and Conditions listed on the reverse side hereof, may'
t i of Southold Town Trustees authorizes and permits the following: �' «
rya Application approved under .the Grandfather Clause
h I,, to secure a permit number for a dock in Deep Hole
�Lr Creek. :`
' all in accordance with the detailed specifications as presented in ?"
the originating application.
R
IN WITNESS WHEREOF The said Board o .Truste s here-
by
s•'>�:
causes its,Corporate Seal to be affixed, and these presents to
!' it be subscribed by a majority of the said Board as of this date.
�L„+I
46.4
` ;.� X05 ..... . .. .... ...
:..
� i
..........
C=3
Ln
r *3. ru:tee:
SY'.: - "'�'"'' y..�,r. '¢�' "•w.. '`��' t;.,n y„ 'xih,'b:' a �xraS �� �
Please tear off and return to the Trustees
T
�� .Q.Kr ,Of Southold Tovvn Trustees
ALL D ' iti �<D ULI�;-;tt-v r�hUS:
DISPLAY Vl.':ISLE.FERMI lT NUMIBERS SOUTHOLD, NEW YORK
MOORING NO. N/A
-- -- - -----1, PERMIT NO. 1761 - DATE: Nov. 7, 1983 - --- -- - ----
�' Russell and Helen D. Tuthill
Grandfather ISSUED TO
Clause
I, - , certify that the work as authorized
in this permit has been ccnapleted and is now ready for your inspec-
tion. Also, the number required on this proi-ect is clearly visible.
I further understand' this permit is not valid until this tear sheet
is returned to the Trustees.
RECEIVED
JUL 18 2023
TERMS and CONDITIONS
Zo ing Boar
d of Appeals
The Permittee
RnaaPll and HPIPn P Tntfiill
residing at New Suffolk Ave, Mattituck N. Y., as
part of the consideration for the issuance of the Permit does understand and prescribe to the fol-
lowing: 1. That the Southold Trustees Permit must be prominently
displayed on the premises effected thereby during the period work
That the said Board of Trustees and the Town of Southold are released from any and
all damages, or claims for damages, of suits arising directly or indirectly as a result of any open- unde
{;tion performed pursuant to this permit, and the said Permittee will, at his or her own expense, the
defend any and all such suits initiated by third parties,and the said Permittee assumes full liability Perini
with respect thereto;to the complete exclusion of the Board of Trustees of the Town of Southold
3:: That this Permit is valid for a period of 19 mos. which is considered to be the
sufficient time required to complete the work involved, but should cirrnR+scarces warrant,request
for an extension may be made to the Board at a later date.
4.; That this Permit should be retained indefinitely, or as long as the said Permittee wishes
to maintain the structure or project involved, to provide evidence to anyone concerned that auth-
orization was originally obtained
5: That the work involved will be subject to the inspection'and approval of the Board or
its agents, and non-compliance with the provisions of the originating application,may be cause for
revocation of this Permit by resolution of the said Board.
6. That there will be no unreasonable interference with navigation as a result of the work
herein authorized.
T. That there shall be no interference with the right of the public to pass and repass along
the beach between high and low water marks.
g. That if future'operations of the Town of Southold require the removal and/or alterations
in the location of the work herein authorized, or if,in the opinion of the Board of Trustees,the
work shall cause unreasonable obstmmon to free navigation, the said Permittee will be required,
upon due notice,to remove or alter this work or project herein stated without expenses to the Town
of Southold
9, That the said Board will be notified by the Permittee of the completion of the work auth-
orized. (See tear off sheet.)
10. That the Permittee will obtain all other permits and consents that may be required sup-
plemental to this permit which may be subject to revoke upon failure to obtain same.
r
-7116ji8
TOWN OF SOUTHOLD PROPERTY kcv vKw--uAklmv
OWNER ��� jla hvllt.r?! STREET %f1 .J VILLAGE DI SUB. LOT
7:
FORMER OWNER Fo(A rtcv!I )29,00 R-e „?'t u� E , ACR.
14 4.. "'oE rR(?j i'x pf� e'. ».t.$._,f Esq-ate.. h'�".:t .�sr�` b�+�•4d,...:�.�'' - :•1'�:s;�}".. ..„� n I
�f{ 'r - 1 .l1.13 S 3 W `f TYPE OF BUILDING
RES.= r` t SEAS. VL. FARM COMM. CB. MICS. Mkt. Value r
21
7 VV
LAND IMP. I TOTAL DATE' REMARKS ;
f ff V a--� .z•'a Y,.'' i� [?AIL-, •` /I 4 1 "boo-A 6 f (tell!�� t..=l -t't t p � OVt,✓'�` __ • fr , �, f.�..,t�` f=JI 9_ '
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f 2 IZ41,99- L1135Fq)�0gC11?- k-,to T --O i0 Ax z,f
AGE I BUILDING CONDITION —
NEW I NORMAL BELOW ABOVE
FARM Acre Value Per Value
f Acre ”
Tillable 1 FRONTAGE ON WATER 0-1
Woodland FRONTAGE ON ROAD !;ri
Meadowland DEPTH �—
C
House PlotBULKHEAD vUj
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rn
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Total DOCK o rl rCn
gi
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ro
_ COLOR ► TRIM rr t 74e r.4v77`e i r}
-
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M. Bldg. i �r bi4g
Extension / _
Extension "7 X f 7Y
,'..
Extension
Foundation C. � Bath _ Dinette
Porch Basement f! Floors K.
Porch Ext. Walls. Interior Finish � � f LR.
Breezeway Fire Place Heat DR. N
o
Garage !7/ + "� ,S� Type Roof Rooms 1st Floor BR. m•
Patio Recreation Room Rooms 2nd Floor FI r— rn
O. B. f Dormer -- -" Driveway
Total I
C',
RECEIjj
NY OM atgQaF�Cs 'sAmta6r�arCapw"(Sb&Sket)((rMwa=)
ow�LTY&MIAiiMMMM LtcT8 UWMMWR.7'>tt�@ SUDUfDtrgU=gy" iYJUL Y 8
T,I� �e� I q day of Dec�er .intfnycar 2022 Zoning Board BETVOM
IIIWti1lfif T. FORUMB, 745 Love Lane Mattituck, Ny 11952 and DAVID M.
PO8, 840 Magor Bill Lane, Catchogue, BY 11935
parry of the fastpart,and
CHMM
S DISMO EIID ZAMM Fft>M, as joint tenants with right of
survivorship, 825 Leslie Road, Cutchogue, NY 11935
piety of the second part,
- o ►fET$thattbegutyofehe'fiuipaa;i000asideubaoof'f'�rI)oflaatsanddba vabrnbkaaosidaarionpai�bytbe
party of the second pat,does hereby pant and rr]=mm the psrty,of the second part,the heirs or sataxsmts and asigas of
dopwyoftheseaondparthw er.
AIL that balm mthaaooetr�ad.s tyia6aPadbdflginthe
SSB SCEEDMH A — ATTACM NEMM
AND BUR A PART HBBBOF.
Being and intended to be part of the sane premises conveyed to the
parties of the first part herein by deed dated August 6, 2008 and
recorded in the Suffolk County Clerk's Office on February 20, 2009 in
Liber 12580 Page 995.
Premises kamm as 5780 New Suffolk Avenue, Mattituck, NY ,11952
District 1000, Section 115.00, Block 10.00 and Lot 007.600
TOGETHERwithaUd&W tif]eandinteress ifaoy.ofOopanyofthefimpmtof:inaadtoaW- asaandtadsabattivadr-
abovo4esaibedpsz - totheceoarlrnes*=wf-.T*GkTMRwfthMeappurtenances andaittheeaateand dartsofthe
partyofthefirstpaninandwsaidFOTOHAVEANDTOROLDtbept=imtmini;F awatbopatyoftho
second pat.the beim or wacessots and of the parry of the ssoand part forever.
AND the party of thafm poncoveumts ihm the pity of the fast part ba not do=orsr@emd anything whereby the said
Fremises have been incambead in any way whatevm ecce t as a%asaid
AND ftpaty of the fastput in comptiaooewMSec m 13 offt teen Law.covaams do the party of the first part Vn11
active the cooside em faibis conveyance:and wiDbold Med&toactive:swhcai ideradooasatrustfundtobeapptied
-- fist for the pwposc of paying the cost of the improvemoot and wW apply the same fast tote par of the cost of the
- - - improvaateathefaraaiogao�ypartofthemlaloftLasameforarryothrraprrpaie.
'pbe ward'�atty^stsa0 fie t as if it rem"pasthes whmetirr the masa of tl3s iadentnre so requires.
IN WrPUW WMME(W.the party of the fag pmt has duly eaieuted this deed the day and yea feat above wri=L
DIraaSENcsW:
dretre ,¢ Fohrlcolb
David m. 8ohrkolb
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day of
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beforeme,the mi¢sig I Pess0021ty appe7sed
the snhmabag wimess to the fampbg i aura mt,sktt whom 1 mn
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Notary Public
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vatmw0 saa,aA0arr+,srtors ACTS
7r=No.S205356 D6TR=11100
SECTION 115.00
Andrew S. Fohrkolb and David K. Fohrkolb BLOM 10.00
[.OT 007.000
CotwrrottToaN SaffoWsonthold
TO
Charles DiSapia and Hanna Perez, as joint MMMEDArAWUESTOF
tenants with right of survivorship absatrttots, Iacorpozated
tenants
RratAtxerntaa.T0
Rhone=, Lath—, Shear Re'UT,
STERUM SIRES IKSO IM= COMM Dubin & Qaarta=am I"
P.O. Sat 9399
Riverhead, mr 11901
Attn: Karea He", Zcq.
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FINNEGAN LAW, P.C. RECEIVED
13250 MAIN ROAD JUL 18 2023
P.O. BOX 1452
MATTITUCK,NEW YORK 11952 Zonin Iq 3�
(631) 315-6070 9 Board of Appeals
MARTIN D. FINNEGAN, ESQ.
MFINNEGANQNORTHFORK.LAW
By Hand
July 17, 2023
Ms. Leslie Kanes Weisman, Chairperson
Zoning Board of Appeals
Town of Southold
P.O. Box 1179
Southold, NY 11971-0959
Re: Area Variance Application of Charles DiSapio and Xanne Perez
Premises: 5780 New Suffolk Avenue, Mattituck, NY 11952
SCTM 0 1000-115.00-10.00-007.000
Dear Chairperson Weisman and Members of the Board:
With respect to the above-referenced Application, enclosed please find a
check made payable to the Town of Southold in the amount of$1,500.00
representing the required filing fee and an original and eight (8) copies of the
following documents for your review:
1) Notice of Disapproval dated May 11th, 2023 and renewed 07/13/2023.
2) Area Variance Application, including an attachment of explanation for
reversing/overturning the Notice of Disapproval.
3) Project Description and Questionnaire Form.
4) Agricultural Data Statement.
5) Short Environmental Assessment Form.
6) Local Waterfront Revitalization Program Consistency Assessment Form.
7) Owner's Authorization.
8) Transactional Disclosure Forms for Applicant and Agent.
9) Color photograph of the subject premises.
10) -Copy of Building Permit-App-11-cation.
11) Certificates of Occupancy.
12) Trustees Permits #10313 and #1767.
13) Assessor's Property Record Card.
14) Current Deed.
15) Nine (9) survey prints dated 11/17/2022 from John C. Ehlers
Land Surveyor.
16) Nine (9) sets of plans dated 04/01/2023 from Zen Design.
Kindly advise if you require any further documentation to place this
matter on your next available agenda for a public hearing. Thank you for your
consideration.
RECEIVED
Veru ours, JUL 192023
2023
'N 5a
9
Zonin Board of Appeal.
Mari began
MDF/as
Encl.
• 1
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
RECEIVE®
J UL 2 4 2023
Southold Town Clerk
;r vn of Southold
i,.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:
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
k6t
f908b203-bd63-423e-a024-2db22f103ecd kimf@a so utholdtownny.gov
( J AFFIDAVIT OF PUBLICATION
The Suffolk Times
LEGAL NOTICE
SOUTHOLD TOWN ZONING BOARD OF APPEALS
THURSDAY, OCTOBER 5,2023 at 10:00 AM
PUBLIC HEARINGS -
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280
(Zoning),Town of Southold,the following"IN
PERSON" public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town
Hall, 53095 Main Road,Southold,New
York 11971-0959, on THURSDAY,OCTOBER 5, 2023:
The public may ALSO have access to view, listen and make comment during the PUBLIC HEARING as it is
happening via ZOOM WEBINAR.
Details about how to tune in and make comments during the PUBLIC HEARING are on the Town's
website agenda for this meeting which may be
viewed at http://southoldtownny.gov/agendacenter. Additionally,there will be a link to the Zoom
Webinar meeting at
http://southoldtownny.gov/calendar.aspx.
10:00 A.M.-WALTER GLESS#7826- Request for Variances from Article XXIII,Section 280-124; and the
Building Inspector's June 28, 2023 Notice
of Disapproval based on an application for a permit to legalize the"as built" demolition of an existing
residence (as per Town Code definition)
and to reconstruct a single family dwelling;at 1) less than the code required minimum rear yard setback
of 35 feet; located at 800 Koke Drive,
(adj. to Corey Creek)Southold, NY,SCTM No. 1000-87-5-7.
10:10 A.M.-QJSG PROPERTIES, LLC#7827-Request for Variances from Article III,Section 280-13C;
Article III,Section 280-15;Article XXII,
Section 280-105D(4);and the Building Inspector's May 9, 2023,Amended July 28, 2023 Notice of
Disapproval based on an application for a permit
to install additional deer fencing and to construct an accessory potting shed, a chicken run with coop, a
goat barn, an accessory artist studio
structure, barn, and two (2) hoop houses,and to legalize an "as built" accessory pergola,a greenhouse
and two (2)sheds on rural residential
property; at 1) the proposed artist studio use in the accessory building is not a permitted accessory use;
2) seven (7) proposed accessory
structures located in other than the code permitted rear yard; 3)four(4) "as built" accessory structures
located in other than the code permitted
rear yard;4) deer fencing located in the non-permitted front yard or primary front yardjocated at:
38015 NYS Route 25,Orient, NY.SCTM No.
1000-15-2-15.7. - - - - - - - - - —
10:20 A.M.-JOSEPH C. MCCORMACK,JR.#7828.- Request for Variances from Article XXIII,Section 280-
124, and the Building Inspector's June
28, 2023 Notice of Disapproval based on an application for a permit to demolish (as per Town Code
definition) and reconstruct a single family
SOUTHOLD TOWN BD OF APPLS 2
f908b203-bd63-423e-a024-2db22f103ecd I(imf@southoldtownny.gov
AFFIDAVIT OF PUBLICATION
The Suffolk Times
dwelling; at 1) less than the code required minimum primary front yard setback of 35 feet;2) less than
the code required minimum rear yard
setback of 35 feet; located at:2670 Stillwater Avenue, Cutchogue, NY.SCTM No. 1000-136-2-17.1.
10:30 A.M. - PATRICK MCELROY#7830-Request for Variances from Article XXIII,Section 280-124;Article
XXXVI,Section 280-207A(1)(b);and the
Building Inspector's May 25, 2023 Notice of Disapproval based on an application for a permit to
demolish (as per Town Code definition) and
reconstruct a single family dwelling; at 1)located less than the code required minimum primary front
yard setback of 35 feet;2) located less than
the code required minimum side yard setback of 10 feet;3) more than the code permitted maximum lot
coverage of 20%;4)gross floor area
exceeding permitted maximum square footage for lot containing up to 20,000 square feet in area;
located at: 440 Third Street, New Suffolk, NY.
SCTM No. 1000-117-9-20.
10:40 A.M.-MICHAEL AND NICHOLAS GIACONE#7829-Request for a Variance from Article XXIII,
Section 280-123, and the Building Inspector's
May 3,2023 Notice of Disapproval based on an application for a permit to legalize "as built"front porch
and rear deck attached to an existing
seasonal dwelling; at 1) a nonconforming building containing a nonconforming use shall not be enlarged,
reconstructed,structurally altered or
moved, unless such building is changed to a conforming use; located at: 270 Park Avenue Ext., (Adj. to
Deep Hole Creek) Mattituck, NY.SCTM
No. 1000-123-8-27.
10:50 A.M.-TRACY AND ALEXANDER SUTTON #7831-Request for a Variance from Article III,Section
280-14 and the Building Inspector's June
28,2023 Notice of Disapproval based on an application for a permit to legalize "as built" alterations to
convert to habitable space in the attic
(third floor) of a single family dwelling,and to rescind a condition of a permitted Special Exception; at 1)
as per condition#4 stipulated in Special ,
Exception file#7527SE,dated September 16, 2021 which states the third floor attic shall not be used as
living space by owner nor by the Bed and
Breakfast guests and is to remain unheated and unconditioned for storage use,only; located at 25500
Main Road, Orient, NY.SCTM No. 1000-18-
6-10.
11:00 A.M.- ROBERTS. MARTIN#7833-Request for a Variance from Article III, Section 280-15, and the
Building Inspector's May 23,2023 Notice
of Disapproval based on an application for a permit to construct an accessory pool pavilion; at 1) located
in other than the code permitted rear
yard; located at: 1600 Little Neck Road, Cutchogue, NY. SCTM No.1000-103-4-13.
11:10 A.M. -KATHLEEN WALAS AND THOMAS SARAKATSANNIS 47835- Request Variances from Article
XXIII,Section 280-124;Article XXXVI,
Section-280-208A, and the Building-Inspector's May25, 2023,Amended July 7; 2023 Notice of -
Disapproval based on an application for a permit to
demolish (as per Town Code definition)and reconstruct a single family dwelling with swimming pool
addition;at 1) located less than the code
required minimum front yard property line setback of 40 feet; 2) located less than the code required
minimum side yard property line setback of
SOUTHOLD TOWN BD OF APPLS 3
f908b2O3-bd63-423e-aO24-2db22f103ecd kimf@southoldtownny.gov
AFFIDAVIT OF PUBLICATION
The Suffolk Times
15 feet; 3) the construction exceeds the permitted sky plane as defined in Article XXXVI,Section 280-4 ofC ,
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.- BUDD'S PdND MARINA, INC.,AKA ALBERTSONS MARINA,WIRELESS CELL TOWER#7839:
Request for Variances from Article XIII,
Section 280-53;and the Building Inspector's August 9, 2023, Notice of Disapproval based on an
application for a permit to construct a new
SOUTHOLD TOWN BD OF APPLS 4
f908b203-bd63-423e-aO24-2db22f103ecd kimf@southoldtownny.gov
AFFIDAVIT OF PUBLICATION
The Suffolk Times
wireless telecommunications facility; 1) having less than 160,000 sq.ft. as required for a second
principal use(80,000 sq.ft. per principal use) in
MII Zoning District where a principal use as a marina with boat storage already exists; 2) located less
than the code required minimum rear yard
property line setback of 25 feet; 3) more than the code permitted maximum lot coverage of 30%;
located at: 61405 Main Road,Southold, NY.
SCTM#1000-56-3-15.
The Board of Appeals will hear all persons or their representatives, desiring to be heard at each hearing,
and/or desiring to submit written statements
before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files
are available for review on The Towh's
VVeblink/Laserfiche under Zoning Board of Appeals(ZBA)\Board Actions\Pending. Click Link:
http://24.38.28.228:2040/weblinl(/Browse.aspx?dbid=0.
If you have questions, please telephone our office at(631)765-1809, or by email:
kimf@southoldtownny.gov.
Dated: September 21, 2023 ZONING BOARD OF APPEALS
LESLIE KANES WEISMAN, CHAIRPERSON
By: Kim E. Fuentes
54375 Main Road (Office Location)
P.O. Box 1179,Southold, NY 11971-0959
SOUTHOLD TOWN BD OF APPLS 5
f908b2O3-bd63-423e-aO24-2db22flO3ecd kimf@southoldtownny.gov
AFFIDAVIT OF PUBLICATION
The Suffoik 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
ota y Sign ure ° t�q,
SIATE
- OF NEW YORK '.-
s ; NOTARY PUBLIC
C ALD\NY n,
aw
Notary Public Stamp 't
Ja"aaaeaaaauNN`
SOUTHOLD TOWN BD OF APPLS 1
BOARD MEMBERS Southold Town Hall
Leslie Kanes Weisman, Chairperson O���F SO jyol 53095 Main Road•P.O. Box 1179
Patricia Acampora p Southold,NY 11971-0959
Eric Dantes [ [ Office Location:
Robert Lehnert,Jr. N Town Annex/First Floor
Nicholas Planamento �` aQ 54375 Main Road(at Youngs Avenue)
COUNTY Southold,NY 11971
http://southoldtov,rnny.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:
1:00 P.M. - CHARLES DISAPIO AND-XANNEPEREZ #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.
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:
kim f@southoldtownny.gov.
Dated: September 21, 2023 ZONING BOARD OF APPEALS
LESLIE KANES WEISMAN, CHAIRPERSON
By: Kim E. Fuentes
54375 Main Road (Office Location)
53095 0-Min Road (Mailing/USPS)
_
P.O.-Box-1179 -
Southold, NY 11971-0959
_ �oSU�Fo��ca
Town Hall Annex, 54375 NYS Route 25
y P.O.Box 1179
CZ
CASouthold,New York 11971-0959
2
%;56
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 hea.ing which includes:
PLEASE READ CAREFULLY.
1. Yellow sign to post on your property a minimum of seven(7) days prior to your hearing,to be
placed not more than 10 feet from the front property line (within your property) bordering the
street. If you border more than one street or roadway, an extra sign is supplied for posting on
both street frontages. Posting should be done no later than September 28, 2023.
To avoid weather damage to your sign please affix it to a sturdy surface such as plywood.
If your sign is damaged please call the office and we will provide you with another one.
Prior to your public hearing, members of the Board of Appeals will each conduct a
personal inspection of your property.If a Board member reports that there is no signage
visibly on display as required by law,your scheduled hearing will be adiourned to a later
date to ensure compliance with Chapter 55-1 (B) 1 of the Town Code.
2. SC Tax Map with property numbers.
3. Legal Notice of in person meeting,as well as video conferencing. Instructions for participation
will follow, and will be posted on the Town's Website under the meeting date, and the Legal
Notice section of Suffolk Times Newspaper.
4. Affidavits-of Mailings_ and Posting to be-completed by -you, notarized, and"returned-to our
office along with the mailing receipts and green cards by September 28,2023, verifying that
you have properly mailed and posted. Please attach a photograph of the posting on your
Property with your affidavit of posting.
5. Instructions for Laserfiche/Weblink to view application.
Instructions for ZBA Public Hearing ay
Page 2
MAILING INSTRUCTIONS: Please send by SPS Certified- Mail Return Receipj 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@southoldtownn._og_v or
elizabeth.sakarellos@town.southold.Lly.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://southoldtownn�jzov/DocumentCenterNiew/9694/TentativeRo112023
IMPORT-SANT INSTRUCTIONS -
5L ff
Scan:and:email Mr, U1 SAPS mailing, receipts green�signatu9reFcards-and aMid avr6 EMIMto
kimf(a�so_uI ldto�wnny goy,,iand ** PROMPTLY USIPS£MEAIL * the ®RIGINALS to
X*
the Town f Souttio'ld ZB'A, P O Box 1179;Southold, MY 11�95if .1 ..
Please note that without your mailing receipts, the ZBA will be prevented from
conducting your hearing,pursuant to Chapter 55 of the Southold Town Code and New
York State Law.
Please note that you or your representative are required to attend. If you or your
representative are not present,_the-hearing will be adjourned to the-next available
hearing date.
Please be reminded that New York State Law requires the ZBA to follow the above
i
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
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Above: -The second of two pages you will find"Zoning Board of Appeals(ZBA)"in the list of
Town of Southold Departments. Click the Zoning Board of Appeals(ZBA)folder/link.
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Laserfiche Instructions
ZBA Files
Page 2
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Above: Listed are types of records under ZBA Folder. ZBA Decisions can be found under
Board Actions. Click on 'Board Actions"folder to open.
LaserflcheWebL!nk :�, �' sryrwa3L'nk:t•e-o"axas;<tna,t
Home Browse Search Tv—Ci S0uth4,4>ZrrinS Bo;rd of App^ats(ZEA1>Board A.NonS
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Above: Board Actions are listed by year. Click folder to open. All Special Exception
applications that require Coordinated SEQRA Analysis are stored in "Pending".
i
Laserfiche Instructions
ZBA Files
Page 3
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name or title of the applicant.
Laserfiche WebUnk
Home Browse Search
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nage 3 Colin and Kristen Cashel PROPERTY LOCATION.152 Laver Shingle Hill.Fisher...
Page 4 19,2017 47016.Cashel SCTM No.1000-9-1-26 minimus approval to ren—
Page 6...y 19,2017 9701 6.C.sh.1 SCTM No.1000-9-1-26 GRANT,the variances as
:age 9...COLIN&KRISTEN CASHEL SECTION 009 BLOC
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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.-I-1.
4
Laserfiche Instructions
ZBA Files
Page 4
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Above: Also, Minutes,Agendas,and Hearing Transcripts can be viewed.
Laserfiche WebLink •�,i Mywebunk I Help i About
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i4oTl (o Ur HLA ;li+l
The following application will be heard by the Southold Town Board
of Appeals at Town Hall, 53095 Main Road, Southold
The application will ALSO be available VIA ZOOM WEBINAR - Follow
pink - httpm.1/southoldtownny.gov/calendar.aspx
1 ��AME DISAP10 , CHARLES # 7832
SCTM # : 1000- 115- 10-7
,"ARIANCE: NOT A PERM-ITTED USE
1 EQUESTN LEGALIZE 66AS BUILT" ARTIST
STUDIO WITH HALF BATH IN
AN EXISTING GARAGE
SATE THURS. , OCT. 51 :2023 1 :00 PM
'ou may review the file(s) on the town's website under Town Records/Weblink:
ZBA/ Board Actions/ Pending. ZBA Office telephone (631 ) 765-1809
tt '
TOWN OF SOUTHOLD
ZONING BOARD OF APPEALS Appeal No. l
SOUTHOLD, NEW YORK
AFFIDAVIT,
OF .
In the Matter of the Application of: MAILINGS
CHARLES DISAPIO AND XANNE PEREZ
(Name of Applicant/Owner)
.5780 NEW SUFFOLK AVENUE, MATTITUCK SCTM No-:1.000-115.:00-1.0.00=007.000
(Address of Property) (Section, Block& Lot)
COUNTY OF SUFFOLK
STATE OF NEW YORK
I, ( ) Owner, ( V) Agent MARTIN D. FINNEGAN
d/b/a at 13250 MAIN ROAD, MATTITUCK, New York,
being duly sworn, deposes and says that:
On the 15th day of September , 2023, I personally mailed at the United
States Post-'Office in MATTITUCK ,New York, by-CERTIFIED.MAIL,
RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in
Prepaid envelopes addressed to current property owners shown on the current.assessment roll
Verified.from the official records on file with the (\4 Assessors, or. ) County Real
Property Office, for every property which abuts and is across a public or private street, or
vehicular right-of-way of record, surrounding the applicant's property.
(Signature)
Sworn to before me this SCHWEITZER ANNALISE
15th day of SEPTEMBER , 2023 NOTARY PUBLIC-STATE OF NEW YORK
N0.01SC6409457
QUALIFIED IN SUFFOLK COUNTY
MY COMMISSION EXPIRES SEP 28,20
(Notary Public) -
PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next
.- -----to-thy-o-caner-.names-and-addresses for-which.notices_were-mailed...-.�______
All original USPS receipts and mailing confirmations to be submitted to the ZBA Office along with
this form completed, signed and notarized.
S'
FINNEGAN LAW, P.C.
13250 MAIN ROAD
P.O. BOX 1452i� '�.
MATTITUCK,NEW YORK 11952
(631) 315-6070
MARTIN D. FINNEGAN, ESQ.
MFINNEGAN@NORTHFOR.K.LAW
Via USPS Regular Mail
September 15, 2023
Town of Southold Zoning Board of Appeals
Attn: Kim Fuentes
PO Box 1179
Southold, NY 11971
Re: Southold Zoning Board of Appeals Variance Application
Owner: Charles DiSapio and Xanne Perez
Premises: 5780 New Suffolk Avenue, Mattituck, NY 11952
SCTM #: 1000-115.00-10.00-007.000
Dear Kim:
With respect to the above-referenced matter, enclosed please find the
original Affidavit of Mailing along with the mailing receipts for filing with your
office.
If you have any questions regarding the enclosed, please feel free to
contact me. Thank you for your attention to this matter.
Very tr rs
Ma egan
MDF/as
Encl.
r
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❑Return Receipt(electronic) $ t o++(('} I Gf-la 1 P�St a�r ? I O ❑Return Receipt(electronic) $ . - (-- L I- - -!'
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Sent To 1
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--
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Ln PO Box 73
Er ci-1-state,, 53095 Route 25
Peconic, NY 11958
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❑Return Receipt(electronic) $ d;i I t f i7 Postmark L I O ❑Return Receipt(electronic — �- i
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Sent To I N Street andA t No.,or PO Boz Mi. Min e
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C 0 Street and Apt No;,or PO Boz No. --
Ln PO Box 106 I Ciry;State;Z%P+4® Mlnogue
Irr City,sraie;z%P Mattrtuck NY 11952 81 Chestnut Avenue
' Floral Park, NY 11001
)
1 leER: COMPLETE THIS SECTION • • ON
■ Complete items 1,2,and 3. A. Signat
■ Print your name and address on the reverseX 13Agent i
so that we can return the card to you. ❑Addressee
■ Attach this card to the back of the mailpiece, B. Rec 've (Print Name) C D to of elivery`?
j or on the front if space permits. U /L(_ 3
1 I 1. Article Addressed to: D. Is delivery address different from item if ❑ s )
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Andrew T. Fohrkolb If YES,enter delivery address below: E3 No
David M. Fohrkolb
ti PO Box 106
' Mattituck, NY 11952
II I IIII'I IIII ISI I II I II I IIII III I II I III I I I IIII�� 3. Service Type ❑Priority Mail Express®
❑Adult Signature ❑Registered MaiITM
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er$500)
PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt
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MAILING LIST
ZONING BOARD OF APPEALS VARIANCE APPLICATION &PUBLIC HEARING
CHARLES DISAPIO & XANNE PER-EZ #7832
5780 NEW SUFFOLK AVENUE, MATTITUCK, NY 11952
SCTM #1000-115.00-10.00-007.000
123.-3-28 - Underwater Lands/Deep Hole Creek
8s 115.-12-1 - 5840 New Suffolk Ave
Town of Southold
PO Box 1179
53095 Route 25
Southold, NY 11971-0959
115.-10-6 - 5650 New Suffolk Ave
Evan M. 8v Elizabeth A. Minogue
81 Chestnut Avenue
Floral Park, NY 11001
115.-5-11 - 5725 New Suffolk Ave
Andrew T. Fohrkolb
David M. Fohrkolb
PO Box 106
Mattituck, NY 11952
115.-5-18 - 5855 New Suffolk Ave
Joseph & Julie Vergari
PO Box 73
Peconic, NY 11958, ---
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
■ Complete items 1,2,and 3. A. S t re
t 13 Agent
■ Print your name and address on the reverse ❑Addressee
so that we can return the card to you. �j
■ Attach this card to the back of the mailpiece, Receiv d by(Printed Name) C. Date of Delivery
or on the front if space permits.
1. Article Addressed to: •D. Is a ivery address different from item 17 ❑Yes
- - -- If YES,enter delivery address below: ❑No
Joseph 8s Julie Vergari i
PO Box 73
Peconic, NY 11958
I
I
s II 1111111 IIII III 1111111 IIII III I II II IIIII II I III 3. Service Type ❑Priority Mail ilTM O
❑Adult Signature ❑Registered MaiITM �
❑Adult Signature Restricted Delivery ❑Re Istered Mail Restricted
Certified Mail® Delivery
9590 9402 8241 3030 7843 90 ❑Certified Mail Restricted Delivery ❑Signature ConfirmationTM +
- ❑Collect on Delivery ❑Signature Confirmation
2. Article Numb
NumtbPj j,Ci ollect onDelivery.j Restric,tej d(Dj
elivet yi i Rester ricted Deliveryal) IuredMail
9589 07.10` 5270 06;83i 83 l2 5 lured Mail Restricted Delivery
17
f ; =er
$500)
PS Form 3811,JUIy 2020 PSN 7530-02-000-9053 Domestic Return Receipt
I�
r
COMPLETE •
�B.
ig ture
■ Complete items 1,2,and 3. �ent
■ Print your name and address on the reverse rn tC.
Addressee
so that We Can return the Card to you. Recei d by(Printed Name) e of Delivery■ Attach this card to the back of the mailpiece, 1 �V dz3
or on the front if space permits. L.
1. Article Addressed to: D. It delivery address different from item 1? 0 Yes
if YES,enter delivery address below: 0 No
Town of Southold
PO Box 1179
53095 Route 25
Southold, NY 11971-0959
3. Service Type 0 Priority Mail Express®
Ill'III'I I'll III I lllll I IN III 111111111111 — D Adult Signature 0 Registered MailTR
❑Adult Signature Restricted Delivery ❑Registered Mail Restricted
?QCertified Mail® Delivery
0 Certified Mail Restricted Delivery D Signature Confirmation"'I
9590 9402 8241 3030 7844 20 0 Collect on Delivery 0 Signature Confirmation +
E]
Collect on Delivery Restricted Delivery Restricted Delivery
2. Article_ Number(Transfer from service label) - Insured Mall
4 3 4 9 9990 insured Mail Restricted Delivery
7022 3 3 3 0.„0 0-01 (Over$500)
PS Form 381.1y, Domestic Return Receipt
July,2020 PSN 7530-02-000-9053 \t
TOWN OF SOUTHOLD ' 3 -
ZONING BOARD OF APPEALS
SOUTHOLD,NEW YORK }G���7�
AFFIDAVIT
OF
In the Matter of the Application of: POSTING
CHARLES DISAPIO AND XANNE PEREZ
(Name of Applicants)
COUNTY OF SUFFOLK
STATE OF NEW YORK
1, MARTIN D. FINNEGAN d/b/a 13250 MAIN ROAD, MATTITUCK,
,New York, being duly sworn, depose and say that:
I am the ( ) Owner or M Agent for owner of the subject property
On the 26th day of September , 2023, 1 personally placed the Town's
Official Poster on subject property located at:
5780 NEW SUFFOLK AVENUE, MATTITUCK, NY 11952
The poster shall be prominently displayed on the premises facing each public or private street which
the property involved in the application or petition abuts, giving notice of the application or
petition, the nature of the approval sought thereby and the time and place of the public hearing
thereon. The sign shall be set 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
I arin of October 5th, 2023
---
(Owner cnt ignature)
— - - -� Da of September— - - - 2023 - -
Sworn to before me this y a
-------
(Notary Public) SCHWEITZER;NNZISE
N NOTARY PUBLIC-STATE OF NEW YORK
NO.OISC6409457
QUALIFIED IN SUFFOLK COUNTY
MY COMMISSION EXPIRES SEP 28,20 ._
two
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Adidr
BOARD MEMBERS o f SOU Southold Town Hall
Leslie Kanes Weisman, Chairperson O�� Ty�0 53095 Main Road•P.O. Box 1179
Patricia Acampora p Southold,NY 11971-0959
Eric Dantestic Office Location:
Robert Lehnert, Jr. Town Annex/First Floor
Nicholas Planamento �Q 54375 Main Road(at Youngs Avenue)
�yCOU Southold,NY 11971
http://southoldtownny.gov
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
July 19, 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 : # 7832 DISAPIO, Charles
Action Requested Legalize an "as built" artist studio with half bathroom in an existing
accessory garage.
Within 500 feet of: ( ) State or County Road
(X) Waterway (Bay, Sound, or Estuary)
( ) Boundary of Existing or Proposed County, State, Federal land
(X) Boundary of Agricultural District
( ) Boundary of any Village or Town
Within one (1) mile (5,280 feet) of: ( ) Boundary of any airport
If any other information is needed, please do not hesitate to call us. Thank you.
Very truly yours,
Leslie K. Weisman
ZBA Chairperson
- By:
Survey/Site Plan : Zackery E. Nicholson (Zen Design) Date : 4/1/2023
S��
BOARD MEMBERS Southold Town Hall
Leslie Kanes Weisman, Chairperson Main$®U�e�®�® 53095 Main Road• P.O. Box 1179
Patricia Acampora Southold,NY 11971-0959
Eric Dantes Office Location:
Robert Lehnert,Jr. Town Annex/First Floor
•
Nicholas Planamento 54375 Main Road(at Youngs Avenue)
® y
cou Southold,NY 11971
http://southoldtownny.gov
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
October 25, 2023 Tel. (631) 765-1809
Martin Finnegan
Attorney at Law
P.O. Box 1452
Mattituck,NY 11952
RE: ZBA Appeal #7832, Disapio
5780 New Suffolk Avenue, Mattituck
SCTM No. 1000-115-10-7
Dear Mr. Finnegan;
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 pen-nit 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.
Sind e ely,
im E. Fuentes
Board Assistant
Encl.
cc: Building Department
f
4$A OVAL'
EXISTING SINK&TOILET LINES TO REMAIN. ���
EXISTING PREFAB SHOWER-TO BE REMOVED
ZEN DESIGN
&ALL PLUMBING TO BE CAPPED.NEW STORAGE SHELVES TO BE BUILT IN PLACE 1250 EVERGREEN DRIVE
CUrCHOGUE,NY MINI OFSHOWER. EXISTING BATH PHONE-631 13.6589
SPLIT 7'-7"x 5'-0"(FINISHED)
CONDENSER
■ Those planamam tehturl waAsubject rSto co7frigh102oftn
■ Protection as an•emitltecturN work•aver Sec 1fY2 01 Ore
Copyright Act,17 U.S.O.as amended Dmember 1990 and known
■ , —i I as Archltectwal Works Copyright Protection Act of 1990.The
■ I I " I 1 protection indoles but is not UmltedU tho overall formas well
■ I , J I as the errongenent auand composition o'spars and elements of
I c_—__ I design.Under ouch protection.unthtrixM use of these plan,
■ L______J work or home represented,can legally mutt In the cessation of
■ construction of buiidings being seLod and/or monctary
■ compensation to ZEN DESIGN LLC.
■ ` i � r NO. ISSUE DATE
x I
I
■ I �I
01 PERMITSET 04.0123
■
•
0-
DN ILL'-
N
gSRF-D ARC
y
5T COLLAR TIE-86"AFF
2 CAR GARAGEi Q�C������1 E.N/Cho`
1 CAR GARAGE -----------------------------------------
=A ------------------------------------- ■
8'-9"x 18'-2"(UNFINISHED) 19'-6"x 18'-2"(UNFINISHED)
" i N� �
�
EXISTING-NO CHANGES EXISTING-NO CHANGES STUDIO ■ ■
11'-7 x 20'-2"(FINISHED) =
■ EXISTING KITCHENETTE ■ :� ^_{
CATHEDRAL CEILING 7'-7"x 10'-0"(FINISHED) ■
_______________________________ EXISTING-NO CHANGES ■ ST C)4442''
-------------------------------i TO BE STORAGE:� ■ ■ qT d/O
j ■ F OF NEt
■
I I I I ■ ■
■ DISAPIO
I I I I
■
■
RESIDENCE
■ 5780 NEW SUFFOLK AVE
I i i e MATTTfUCK,NY 11952
a ■ NEW ELECTRIC 1000-115-10-7
I i ; ■
BASEBOARD HEAT SCALE' 1/4'-:V-0-
EXISTING
1r-0°EXISTING SINK TO DATE: 04.0123
BE CAPPED.
DRAWN BY: 7-E.N.
FLOOR PLAN
N
10 5 0 A-1
ELECTRICAL SYMBOLS
EXIST.CEILING MOUNTED FIXTURE
T EXISTT,WALL MOUNTED FIXTURE
ZEN DESIGN
__ __ ________ _ __ ___ __ _ --DE ----
/V
SM EXIST SMOKE�CO2 DETECTOR 1250 EVERGREEN DRIVE
CUrCHNY 11935
MINI HON�63L513.6W9
EXISTT,SINGLE GANG OUTLET SPLIT
CONDENSER
NEW ELECTRIC BASEBOARD
■ 7T—on as em'architectural
rchitopyriectedeM an subject erS-102.1 copyright
it.
t
■ Copyright Act.17 U5.0 as evreMed rMcernDer 119W and It—
■ as Armritettual works Copyright Protmcdon Am of 199G.The
■ Protectionker sms proe rotlimited the ore of these
as oil
os Ne arrangewont and composition a'spaces and efeinenb of
de.work or hoshe repr protection,legally
,In mMeso Dons.
work m Rome represented,can IegaiyresWt In the cssatbn of
■ corstructfanor OumWtngs to ZE UESI an LLC.—nctary
componsallon to ZEN GRIGN ILC.
■
■ STORAG NO. ISSUE DATE
■
■
SM j
01 PERMIT SET 04.01.23
■
■
■
a SM
DN N
�.I'E.Nlcy
1 CAR GARAGE 2 CAR GARAGE p�� pis
�� I ■ -,$ STORAGE p
I STUDIO N� z Z
■
s�T 04442x' �0
■ ■ F OF NEIN
DISAPIO
■
RESIDENCE
■ 5780 NEW SUFFOLK AVE
■ MATTITUCK,NY 11952
ELEC. 1000-115-10-7
PANEL SCALE' 1/4'-W-O'
DATE: 04.OL23
DRAWN BY. ZE.N.
ELECTRICAL PLAN
N
10 5 0 A-2
ZEN DESIGN
---- - - - -- - - --- -- - -- - - -
- — — 1250 EVERGREEN DRIVE
CUTCHOGUE,NY 11.935
PHONE:63L513.6589
These plans em—hilgfttur and an subject to 102copyriotth
protection m an•erchitecturol work'under Sec 102 of the
Copyright Act.17 U.S.O.as emended December 1990 and known
as Areddtoc onxi Works Copyright Prolec0on Act of 1890.The
protection Intldes but is not GMted to the Moral form as well
as the ormagcment and mmpmition o'spaces and elcmonts of
design Under such podectim u.-Un oed use of thewe plam,
work W home mprescnted,can tagaUy mult in the cessation of
construction or buildings being selMd and/or moetelery
compensation to ZEN DESIGN LLC
— — NO. ISSUE DATE
RMR
01 PE SET 04.O04.0.t2323
—
1 c
- -
! 1
UP �s
oIF M
-T
0 4442N
4F NE
_________'
DISAPIO
RESIDENCE
5780 NEW SUFFOLK AVE
MATTITUCK,NY 11952
1000-115-10-7
SCALE: 3,/4°=:V-0-
DATE' 04.0123
DRAWN BY: ZE.N.
WEST
ELEVATION
10 5 0 A-3
- - - -- - ZEN DESIGN-
1250 EVERGREEN DRIVE
CUTCHOGUE,NY 11935
PHONE:631513.6589
T esa plane am copyrighted and an subject to copyright
protection as an'ambiteduml work'under Sec.102 of the
Copyright Act.17 US,0.m amended D¢ ber 1990 and k—
as Architectural Works Copyright Protection Act of 199a The
protection Incl des Ind is not Uriled b the—all form m well
as the arrangenenl and composition d spaces and elements of
design.Under Inch protectim unaut htdred use of mac plain,
work or hair represented,—legallyradt in the cessation of
censtmdlm or bWidings being selmd and/or monetary
compensation to ZEN DESIGN LLr
I
1 1 ! I ! ! I-- I 1 t h I I 1 ! I 1 ! I I I t I ! I ! I 1 ! 1 ! NO. ISSUE DATE
01 PERMIT SET 04.01.23
_- - - - - - - -. - - " -- �RED ARC
I.LI I11 IL `' S.1V;*ch,y/j�`
o
I !
PH"PEI
l I I0
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PNTE—F,
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I LI 9 T� �O
OF (1v-`N
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l =-- ----_---
,--4k ,�r - ------ - DISAPIO
1ly I RESIDENCE
5780 NEW SUFFOLK AVE
MATTTTUCK,NY 11952
� 1000-115-10-7
SCALE: 1/4°m 1'-0°
DATE: 04.01.23
DRAWN BY: Z.E.N.
SOUTH
ELEVATION
10 5 0 A-4
ZEN DESIGN
-- — -- — — — — — 1250 EVERGREEN DRIVE —
CUTCHOGUE,NY 11935
PHONE:631513.6589
These plans are copyrigktad and a0 subject W coyyd&
protection man 8—hitectund—k-undaISx.102 of the
COPYright Act,17 U.S.O.as amended December 1990 and known
as Archhcetval Works Copyright Pre xtion Act of 1990.The
Protection InrlNm bur is rot limited bthe overa0 form as-Al
arrangement as the gement and compmllion a spaces and elements of
amigo.Under such pmtectiai•unauthrdred use of these plain,
work or home represented,n legally result in the cessation ad
construction or buildings being sLq dand/or monotay
compensation to ZEN DESIGN LLC.
NO. ISSUE DATE
14— — — — 01 PERMIT SET 04.0123
Jill
Ill. I 1 11 lilt I I If!
}!liltif R
' ED
A C
� 1 11 , . , i I I i
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11111Ill I it If I ill I if I ! 11 0 g
` 1 1 4 E f l i E I I _ 1 11 I _. I W if
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11 11 filla I
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-
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_-J
DISAPIO
RESIDENCE
5780 NEW SUFFOLK AVE
MATTITUCK,NY 11952
1000-115-10-7
SCALE 1/4°m T-O'
DATE: 04.0123
DRAWN BY: ZE.N.
EAST
ELEVATION
10 5 0 A-5
ZEN DESIGN
1250 EVERGREEN DRNE
CUTCHOGUE,NY 11935
PHONE:631.513.6589
These,plate are Copyrighted a k'sub to 1copyright
protection as an-architectural work'under Sec.102 of the
Copyright Act,17 U.S.O.as amended December 1990 and known
as Architectural Works Copyright Protection Act of 1990.The
protection Includes but is net limited is the overall form aswell
as the armng—.t and composition o'Spaces and elements of
doign.Under such protection,unauthccired use of time plans,
s - work o hone represented,can legallyresutt in the cessation of
construction or buildings being Schad and/ormanelery
conpereatbn to ZEN DESIGN LLC
_ I t NO. ISSUE DATE
01 PERMIT SET 04.0123
I R 4 tt 1 1 I `r L'lit Ii
. i tNit
9 t
f %Iji
1�t ' i ii .Jill rc f !C�1 er '(
I I i 4 Q
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11T4�
1 lit11 I I 1 11 S
( i I I f I#"y! 1 11111 Ill!
�1 �i 1444 0�11 H I
I ��71
I { ! TOF �l i E I �„Tf it Nc '? II I�^' : 1 7 e
DISAPIO
RESIDENCE
5780 NEW SUFFOLK AVE
MATTITUCK,NY 11952
t
1000-115-10-7
SCALE: 1,/4°=1'-0°
DATE: 04.01.23
DRAWN BY: Z.E.N.
NORTH
ELEVATION
10 5 0 Am6
5Uff0[,S-
=o�v coy TOWN OF SOUTHOLD—BUILDING DEPARTMENT
N g Town Hall Annex 54375 Main Road P. O. Box 1179 Southold,NY 11971-0959
Telephone(631)765-1802 Fax (631) 765-9502 https://www.southoldtownny.gov
Date Received
APPLICATION FOR BUILDING PERMI IVc PPR V
For Office Use Only � L
PERMIT NO. Building Inspector:
APR 0 7 7023 ,
_ D
Applications and'fo,r`ms rriusY be"filled out in their entirety.Incomplete -SUMMING uegT.
applications will not be'accepted..1Nheie fhe Applicant isnot the owner,an ir1JN OFSOsS 5 �QLD
Owner's Au#Fior iation form(P,age 2)shall be completed:
Date:APRIL 6, 2023
-
OWNER(S)OF"PROPERTY:
Name:CHARLES DISAPIO AND XANNE PEREZ SCTM#1000-115.00-10.00-007.000
Project Address:5780 NEW SUFFOLK AVENUE, MATTIT.UCK, NY 11952
Phone#:631-398-3828 Email:CGEARLTD@GMAIL.COM
Mailing Address:825 LESLIE ROAD, CUTCHOGUE, NY 11935
CONTACT PERSON:
Name:FINNEGAN LAW, P.C. - MARTIN D. FINNEGAN, ESQ.
Mailing Address:PO BOX 1452, MATTITUCK, NY 11952
Phone#:631-315-6070 Email:MFINNEGAN@NORTHFOR K.LAW
DESIGN,PROFESSIONAL INFORMATION: .
Name:ZEN DESIGN
Mailing Address:1250 EVERGREEN DRIVE, CUTCHOGUE, NY 11935
Phone#:631-513-6589 Email:
FORM
CONTRA-TOR`INA..., .:. .
TIONc. -
Name:TBD
Mailing Address:
Phone#: Email:
DESCRIPTION OF.PROPOSED CONSTRUCTION ` _ '��
_
❑New Structure IRAddition RAlteration El Repair El Demolition Estimated Cost of Project:
- - --00thert1r
Will the lot be re-graded? ❑Yes iRNo Will excess fill be removed from premises? ❑Yes ANo
1
."PROPERTY INFORMATION,
Existing use of property:RESIDENTIAL Intended use of property:RESIDENTIAL
Zone or use district in which premises is situated: Are there any covenants and restrictions with respect to
R_40 this property? ❑Yes AND IF YES, PROVIDE A COPY.
Check;B"ox After Reading: The owner1contrkt6r/design professional is responsible for all drainage and storm wa '',es as"provided by
g p, B'ermit ursu.
P ant,to the,Building Zone
chapter_ $36 of the Town.Code. APPLICATION;IS HEREBY MADE totfie Buildin De artment for the issuance of a:Buildin P
brit and other.apphcable LaWs,Ordinances or Regulations,fo?the construction of ti"uildings,
Ordinance of the Town of Southold,Suffolk un",New York
additions,,alterations or for.removal or demolition asherein'described.The applicant agreesto comply with all applicable laws,ordinances;building code,
housing code and regulations`and.to admit authorized insp'ectors'on oiemises and in builclh4g(s)'for necessary inspections:False statements made hereinare
punishable as a Class A misdemeanor pursuant to Section 210.45 of the New York State Penal taw.',
Application Submitted By(print na-W)"MARTIN D. FINN EGAN BAuthorized Agent Downer
Signature of Applicant: 1 Date: 0 / D7 o7-
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK )
MARTIN D. FINN EGAN being duly sworn, deposes and says that(s)he is the applicant
(Name of individual signing contract)above named,
(S)he is the AG ENT
(Contractor,Agent, Corporate Officer, etc.)
of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this
application;that all statements contained in this application are true to the best of his/her knowledge and belief;and
that the work will be performed in the manner set forth in the application file therewith.
Sworn before me this
day of AP R I L 2023 , V\ 77�
IMULCUSCHM TIER ANNALISE
NOTARY PUBLIC-STATE OF NEW YORK
NO.01SC6409457
PROPERTY OWNER AUTHORIZATIO QUALIFIED IN SUFFOLK COUNTY
COMMISSION EXPIRES SEP 28,20 Z�
(Where the applicant is not the owner)
I, residing at
do hereby authorize to apply on
my behalf to the Town of Southold Building Department for approval as described herein.
Owner's Signature Date
Print Owner's Name
2
SEE SEC:NO.101
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23N NOTICE E
COUNTY OF SUFFOLK
tseu.. 12 tNo)or t2,A
O °ntli"c'O1'O�•'� -�-
------- Real Property Tax Service Agency MNNTENANMALTEIRMON SALE 0R Y
121 NO ,
�.�H. . W E
DISTRIBUTION OF ANY PORTION OF THE M ,
aew+ontaw 1',, nanan.,am 300(,'enter thlm p,•e,'had,NY 11901 SUFFOLK COUNTY TAX IMP IS PROMOTED
--_ ckcam am,Gy rn (21) svw+o:�.w: an 1�y xuo 1. o zaa - wRHOUT wRTTTEN PERNISS0N OF TFE P '
Feet S+ REAL PROPERTY TAX SERVICE PGE'CY