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7834SE
7- �0 P "tc go,,y 61 vd �-&u ra j �l vj N1 -Ch buI(diA . Ptf- 10/5).1b�enjed I qP3 �f��. / G=.C'G/✓iG �!�7/�G U4,_ �f3GG��L .. _. - ...__ _..��1. _, 7 5`ZO �0 5 f'"O'z C. % ,J/ c G'lye 0 /%/ J o 461P 7e T.�L � �9/SPS lE(l9 L w; t � - �il f:3;'.�'o.A� _?_t,�v�✓, I�( ('`i'1 h'$4'G'—'—y2 t'c' .�'� Owner: Pisani, Edwin File #: /7834SE Address: 7180 Great Peconic Bay Blvd C I`!) Code: 17PA Agent Info Martin Finnegan C) P O Box 1452 _ 13250 Main Rd. Mattituck , NY 11952 Phone: 631-315-6070 Fax: Email: mfin negan@northfork.law -712-01 -2-3� - Sir, /,23 7 2,1 z -5 �13O/D0 �. F�2c©mss BOARD MEMBERS ®f S®(/ Southold Town Hall Leslie Kanes Weisman, Chairperson ®�� �e�®� 53095 Main Road•P.O. Box 1179 Patricia Acampora ® Southold,NY 11971-0959 Eric Dantes Office Location: Robert Lehnert, Jr. Town Annex/First Floor Nicholas Planamento ;01% ® a� 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Martin Finnegan Attorney at Law P.O. Box 1452 Mattituck,NY 11952 RE: ZBA #7834SE, Pisani Special Exception Accessory Apartment 7180 Great Peconic Bay Blvd, SCTM No. 1000-126-11-9.1 Dear Mr. Finnegan; At the Regular Meeting of the Board of Appeals on November 2, 2023, the Board voted not to reopen the hearing. As such, the record remains closed. . If you have any additional concerns or questions, please contact the Town Attorney's office. Sincere yours, i eslie Kanes eisman Chairperson cc: Town Attorney Building Department A BOARD MEMBERS Z� so v Southold Town Hall Leslie Kanes Weisman, Chairperson ���� �e�®�® 53095 Main Road•P.O. Box 1179 Patricia Acampora Southold,NY 11971-0959 Eric Dantes Office Location: Robert Lehnert, Jr. Town Annex/First Floor Nicholas Planamento ® a� 54375 Main Road(at Youngs Avenue) C®UNTI, Southold,NY 11971 http://southoldtownny.gov RECEIVED ZONING BOARD OF APPEALS TOWN OF SOUTHOLD 0 T 2 3 2023 Tel. (631) 765-1809 l 4 SOUth®ld Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 19,2023 ZBA Application No.#7834SE Applicants/Owners: Edwin J.Pisani Property Location: 7180 Peconic Bay Boulevard, (adj. to Great Peconic Bay)Laurel,NY SCTM No. 1000-126-11-9.1 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and detennines that this review falls under the Type II category of the State's List of Actions, without further requirements under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 thru A 14-25, and the Suffolk County Department of Planning issued its reply dated July 31,2023 stating that this application is considered a matter for'local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (L)ARP) Policy Standards. The LWRP Coordinator issued a recommendation dated September 19, 2023. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department,as well as the records available, it is recommended that the proposed action is CONSISTENT with LWRP policy standards. REQUEST MADE BY APPLICANT: The Applicant-Owner requests a Special Exception under Zoning Code Section 280-13(B)(13)to establish an Accessory Apartment in an existing accessory structure. PROPERTY FACTS/DESCRIPTION: The subject property is a 37,612 square foot nonconforming lot located in the Residential R-40 Zoning District. The northerly property line measures 125.21 feet and is adjacent to Peconic Bay Boulevard,the easterly property line measures 345.76 feet, the southerly property line measures 121.73 feet and is adjacent to Great Peconic Bay, and the westerly property line measures 344.32 feet. The parcel is improved with a one- and one-half frame dwelling with a large wooden deck attached to the rear of the dwelling. There is a detached frame garage 22 ft. by 20.2 ft. located to the north of the dwelling as shown on the survey map prepared by Nathan Taft Corwin III, LS and last revised November 26, 2011. ADDITIONAL INFORMATION: The parcel has the benefit of a pre-existing Certificate of Occupancy for the accessory garage No. Z23586 measuring 448.44 sq. ft. which was issued in 1995. The applicant Page 2, October 19,2023 7834SE,Pisani SCTM No. 1000-126-11-9.1 has proposed an expansion/addition to the existing accessory garage of 76.6 square feet for the proposed apartment conversion increasing the size of the apartment to 525 sq. ft. In addition, the applicant plans to add another 329 square foot addition to the accessory garage on the north end of the existing garage. The garage expansion will not require any variance relief. Accordingly, the Town Code Section 280- 1713(1 3)(E) states that the existing structure must have been certified with a Certificate of Occupancy for a minimum of three (3)years prior to the establishment of the accessory apartment, The Zoning Officer/Chief Building Inspector of the Town upheld the code in a memorandum titled, `Verification of Livable Floor Area' received on August 30,2023, indicating that the current Certificate of Occupancy will be void by proposing a new addition to the accessory apartment rather than containing it in its entirety within the legally existing as built accessory garage as required by code, and therefore, he was unable to calculate the proposed livable floor area. At the public hearing the Board discussed the proposed floorplan with the applicant's representative and offered time for revisions that conformed to the Town Code, and also required the submission of a birth certificate and rental lease for the applicant's daughter who is the proposed tenant of the accessory apartment. The birth certificate and lease were received om October 17, 2023.No revisions to the floor plan were submitted. FINDINGS OF FACT: The Zoning Board of Appeals held a public hearing on this application on at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and the surrounding neighborhood, and other-evidence, the Zoning Board finds the following facts to be true and relevant. In considering this application, the Board has reviewed the code requirements set forth pursuant to Article lIl, Section 280-13(B)(13)to establish an Accessory Apartment in an Accessory Structure and finds that: The Accessory Apartment unit will be located on the first floor of the accessory structure with a conforming area of square feet of livable floor area, where the code permits a maximum of 750 square feet, and a minimum of 220 sq. ft. as described and shown on the floor plan signed by Mark Kevin Schwartz,Architect However, the Building Inspector stated in a memorandum titled "Verification of Livable Floor Area" received by the Board of Appeals on August 30,2023,that he was unable to calculate the livable floor area because a portion of the proposed accessory apartment(new addition to the as built accessory garage)does not have a valid Certificate Of occupancy 2. The dwelling unit complies with the definition of same in §280-4 of the code and does not comply with all code requirements as defined in Section 280-13(B)(13)(e) of the Zoning Code. The owner confirms that the accessory apartment shall not contain less than 220 square Feet, and will not exceed 750 square feet of livable floor area, all on one floor with only one full bathroom. However, only the current accessory garage structure, measuring 22 ft. x 20 ft., has been certificated for a minimum of three years, which is required prior to an applicant seeking approval to establish an accessory apartment. 3. The applicant herein, owns and resides at the property and will continue to occupy the single-family residence as a principal residence in conformance with the code requirements as set forth in Article 1I1, Section 280-13(B)(13)0, 1-4),and as documented by copies ofaNew York State Driver's License,a utility bill from PSEG and Property Tax Levy from the Town of Southold. 4. The occupants of the accessory apartment will be either a family member or a resident who is currently on the Southold Town Affordable Housing Registry, and the occupancy shall not exceed the number of persons permitted, in conformance with the code requirements as set forth in Article 111, Section 280- 13(B)(13)0, 1-4). The tenant of the accessory apartment will be Genevieve Pisani as evidenced by a Page 3, October 19,2023 7834SE, Pisani SCTM No. 1000-126-11-9.1 copy of a Birth Certificate from the City of New York and an unexecuted lease agreement dated November 1,2023. 5. The owners' plans comply with the on-site parking requirements and provide for a total of three (3) parking spaces, as shown on the site plan prepared by Mark Kevin Schwartz, Architect, dated October 11, 2023. 6. Only one accessory apartment will be on the subject property and no Bed and Breakfast facility, as authorized by Section 280-13(B)(14) hereof shall be permitted in or on premises for which an accessory apartment is authorized or exists. 7. This conversion shall be subject to a building permit, inspection by the Building Inspector, and annual renewal of the Certificate of Occupancy. REASONS FOR BOARD ACTION DESCRIBED BELOW: 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: 1) The Accessory Apartment, as applied for is not reasonable in relation to the district in which is located, adjacent use districts,and nearby adjacent residential uses, because the proposed livable floor area includes a new addition to the as built accessory garage that has not been certified with a Certificate of Occupancy for a minimum of 3 years per the Code requirement. 2) This Accessory Apartment shall be in conjunction with the owner's residence in the Accessory structure, and as proposed will not prevent the orderly and reasonable use of districts and adjacent properties. 3) Evidence has been submitted to show that the safety,health,welfare,comfort, convenience, order of the Town would be adversely affected. This proposal does not meet the existing Town Code and would set a negative precedent in the Town. 4)The special exception is not authorized under the Zoning Code through the Zoning Board of Appeals as noted herein, because the applicant does not comply with all the code required criteria; namely,the issuance of a Certificate of Occupancy from the Building Inspector is required by code at least three years prior to the application to establish an Accessory Apartment. 5)No adverse conditions were found after considering items listed under Sections 280-142 and 280-143 of the Zoning Code. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Acampora seconded by Member Planamento, and duly carried, to DENY WITHOUT PREJUDICE a Special Exception Permit as applied for Vol 0 tie d:lyekMehers Acampora, Planamento, Dantes, Lehnert, Weisman. (5-0) slie Kan s Weisman, Chairperson Approved for filing 14' / /2023 SCTM N 1000.126-11-9.1 STORM WATER MANAGEMENT DETAILS LOCATION: AREA: LOT COVERAGE: PROPERTY: 37.612 SQ,FT. 0.863 ACRES LOCATION: SFARFA 100%RUNOFF AT DRYWELL DRYWELL 2'RAINPERHOUR PROVIDE: CAPACrr- OTAL ROOF AREA I117A SO,Fr. 187 CO.FT. (1ff&-SdeeP 211 CU.FT. EXISTING HOUSE: 2028.0 SQ.FT. 5.39% DINGLE BE4n HALF ROUND GLITTER EXISTING HOUSE PORCH: 224.0 SQ.FT. 0.60% STANDARD 5" EXISTING HOUSE DECK 390.0 SQ.FT. 1.04% "Y°0""w"Q6fd1A101""R�TM"Tg"""��""�"'^iB11t�• � EXISTING DETATCHED GARAGE: 448.4 SQ.FT. 1.19% 1Y%RnAunue A).OF.u.5U6AD:THOffi YlWMiDDBiAwnml eY wYnrasR�Aasuse�DlEDtlDSPttVMHIPf9B'lTIR nAniFUTue:rDa (3090.4 SQ,FT.) (8.229/6) ECEIUED q.wmr°naumlerusmw65/oDyasAD3wmvc¢rwm1 mssomw 1¢nYs wml EPc1EcmT erna�D vAwr. "usTw Ate: PROPOSED GARAGE ADDITION: 430.0 SQ.FT. 1.14% / AY PfAPoPM WORIIl OG2W.Wlf'W[IMmAMIWL60pIIWOTI�DMWiYGS. iY.Nrtam fE GnO®TOMMtlLtwDE"1•rorfW fl51Vtl OFMA. YsffrlRTxnovlsunewmlw„mD,�F� � 7 2023 Y .wa�A:mswDelram[urom*amansum (� "Y alvmaw:Pner•mcwxwlm+°^�+- � ^' OCT TOTAL: 3520.4 SQ.FT. 9.36% WDRY LLS TO FIE ITMIN. 4PIm1ErnfYk NATHAN TAFT CORWIN . ArP� s AY FROM HOUSE eYronwP,PFVAmoaPmucx D,,,,®, P and I" H MEETS AND BOUNDS BY: LICENSED LAND SURVEYOR ` Zoning �Q LICENSE No.50467 PROPERTY SURVEYED: MARCH 01.2011 N/O/ F JOAN SHANNON DWELLINGj [PUBLIC WATER] \ �0 O 01 16 3' N 21° 15' 40" W 344.32EL. EL ' iso' d w 0. MZ EL 20.1' _17P W- W- �7V- W- W- -W- W- n.1 -W- -W- -W- -W-- W. W W T\ b/4� STONE ¢ W d / EL STONE DRNEIY/AY 'L �pG •O 9 a Q � 19.6' DRIVEWAY O° EL G 20.5' Fn 20.0' �0 0 o d 2 �i 11.0' a 16.' TEST HOLE 10.0' EL T.. v 19.8' _ 1\Z A� ��\ 9�A /J O • [I 2 . ... .....................0.._ EXISTING 01 EL 0 '3• 111 Ct 0._.. 04' X 9 SEPTIC �% 'ULC FOIE a1 .T7- EL Lco�1O 39 _m t m coumra 20.0' ° /' \ ^.A IL o O M o SEPTIC TO.8E8S'OTH /- _/-,A "u EX.2 STY. o eocc L TO COD -` /' ,\ �`•, m GREAT uu FRAMED HOUSE STONE 201' 8'X6'%, - ^-� O LLO Q EL DRIVEWAY _ __ -_- E NEP% T\ _ JIB- E P EC0N IC mp 19.6' ,DW" O�- F o Damm EX.ISTY:• BAY t^y °OPSN ROPOSED p 10.0' n E•.Y.,. ADDITION / W 3 G 10.0 <10.2,p 7.0 0 (D 0 IL 00� 0 2 1� POLE / \' iJ - 93 0 4r I.A. I- ---- --- - ---------o ------------------ --- r--- ------ ---------------------------------------------- �J n \ Ev L Dusrmc°uuccroeE PP0144D�fTV.APAkIMEM lV 1 RIGHT 01 WAY n RIGHT /OF WAY \ I� • EL. EL. S 200 44' 00" E 345.76' EL. (I<4 _ 6.0E EL 17.2' rl E3 10.o N/O/ F JOHN HINSCH -10 a DWELLING +�. * \it �1d Q [PUBLIC WATER] '!'t SITE PLAN *. DRAWMIMIMS 1 SCALE: 1" = 30'-0" So #: FOB a: - ET oz3 SHEET N NUMBER: I ON Ro - H�4 PROPOSED SOUTH ELEVATION00 a a a00 SCALE: 1/4" = 1'-0" a m 's o x all o mm `99P d Z LL 1 y00 N 0 E 0 E U 0 O� 9 o�3 a Okc O Q � Q m rl El rl ? Y r-T, DRAMN;MIM SCAM EXISTING SOUTH ELEVATION 'SHUT U°MBF.P- SCALE: 1/4" = l'-0" A-1 ic girn LM :1• oua MON wimmomwAl 03 PROPOSED EST ELEVATION SCALE: 1/4" = l'-O" p:i uta IL u u u u u u u u ON rn 0 0LIM K. ONO I v .50 w scAf p. DMWN.MHIMS EXISTING EAST ELEVATION JOB#. lQnl/'023 SMUNUMBERL SCALE: 1/4" = V-O" A-2 M nc I A. oa wz a PROPOSED NORTH ELEVATION ah SCALE: 1/4" = 1'-0" a � - - - - - - - - - - - - - - - - - - - - � � 9 O�yQQU d Z LLt Y 6 Y a� M L V m E O a gqq� m �iu3 1 0 a am �1 a EXISTING NORTH ELEVATION ' DRAWN:MHIMS SCALE: 1/4" = 1'-0" 10111r-023 1aur_o23 SIIEE7 NUMBER: A-3 rn O W PA w NOW M MI 7 14, oua PROPOSED WEST ELEVATION <D 00 SCALE: 1/4" = V-O" x At mm 9 -2173 00-9 ID u u u u u u u u A Ono 3: .dorm DRAVM;MH/MS JOB#: EXISTING WEST ELEVATION 1011112023 ME& SCALE: 1/4" = 1'-01' r SHEETNU off A-4 22,1_011 L FF--------------------- t v ------------ CN clq (a GASB 11 METER' ; ------- ------- ---SERVICE------ PANEL LU ELECTRIC -011 METER ID 22 211-611 EXISTING PROPOSED Pao EXISTING FLOOR PLAN SCALE: 1/4" = V-0" DRAWN:MHlMS SCALE JOBAI: 101IM2023 %iUTNUMBEP-- A-5 43'-6" 22'-0" 21'-6" 01 �) I \ I I TW3046 TW2432 TW3046 TW3046 ELFIN-KITCHENETTE Ol M-160;FOV-IS 1 O a2^ Ell:11 ---------- --------- 4'-91/2" 9'-41/2" 3'-1" 14'-9" 10, BATH KITC H EN ETTE `t o 125.5 SF ;2'-4!' a-4' vzz19.55 � q� ' E a r, LC ON DEMAND H2O F N HALL , �; N 5.0 SF AlR HANDLER w Q w HSERVICE PANEL O i 2'.6- 2'-6" e ;F STORAGE p a UNFINISHED ' ON �'a EXISTING WALL 6 TO BE REMOVED NO ACCESS TO BE m MADE FROM APARTMENT ' a, ['V o BEDROOM EXPANSION TO STORAGE m 3 BEDROOM —1 F (NO OF APARTMENT) I gm E � a, r No. 1 ; No. 2 h p I Y LL M 3 ` 129.3 Sf 128.9 SF P �; I D 18'-11/2 N 222u m 61 —m F a a, g BI ———-——--— ——-- ——— — ' e, IL q, aS ----- TW3046 . —TW3046 TW3046 TW3046 TW3046 TW3046 a ELECTRIC GAS METER METER tD 22'-0" 21'-6" EXISTING ADDITION Q 43'-611 dil W PROPOSED FLOOR PLAN PROPOSED APARTMENT: 525.0 SF S N PROJECT NORTH SCALE: 1/4" = 1'-0" PROPOSED STORAGE: 345.0 SF ' E DRAWN;MH/MS SCALE: JOB 0; A73 e � SHEET EE7 NN UMBER; � ,�,,, A-6 t SURVEY OF PROPERTY SITUATE �0 2G.7 d LAUREL �4Al ash TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK �O �"�` x // ryyti x2e2 �, S.C. TAX No. 1000-126-11-9.1 60 / / SCALE I"=20' YY MARCH 1, 2011 NOVEMBER 26, 2011 FOUNDATION LOCATION A �j AREA = 37,612 sq. it. \\ � � � \ \ (TO BULHHEAD) 0.863 ac. xza� x228 \ It 0. 1 x2u RECEIVED \� \\ JUL 19 202 x2a.9 x�, Zoning Board of Appeals \ x2a.8 x U N� 21,1 � x xlu 0%. �' \ \ \ o x21J\ / 2 \x20.1 \ x xa e txo 1 x2aJ �C \ '^ es a. I \ O.5 z°. x2faPMGE u \ ON \ j ;y1!1 ]e x 15.s ryo 19sx ss°x � — 2 9yCO \ x ` N� Fpyp ZZ N O .°� x,o. � O y Ix \ J 10.! \ 011E � \ ssT°s O \ e' '• �oe .r. N " \ fANGOAtAO � 2a1 y Fa° M549 NOTES: I \ x� \ \ x 1. ELEVATIONS ARE REFERENCED TO N.A.V.D. 1988 DATUM EXISTING ELEVATIONS ARE SHOWN THUS:-5s a ao �\/ //AA EXISTING CONTOUR LINES ARE SHOWN THUS: — —— —s——— — / �• oECA '�\/ / F.I.. — FIRST FLOOR 'K l29 Vim' v G.FL.— GARAGE FLOOR TB — TOP OF BULKHEAD / / \,?• / / BB — BOTTOM OF BULKHEAD l TC — TOP OF CURB BC — BOTTOM OF CURB M1° 121 :. xl9.J x13.9 59 18.7 / / / / \ •� o PREPARED IN ACCORDANCE WITH THE MINIMUM 13.1 STANDARDS FOR TITLE SURVEYS AS ESTABLISHED x / /1 / /xu ` BY THE LIALS.AND APPROVED AND ADOPTED x 1s• / 1t.> 0 �^r�• FFOR SUCHITLE USE THE NEW YORK STATE LAND / V /N. 2.9 18`'x/ a ' e � N.Y.S. Lic. No. 50467 %/ F• 4 ?28 �O .UL, x o UNAUTHORIZED ALTERATION OR ADDITION Nathan Taft Corwin III SECTIOCATION SURVEY OF THEN EW YORKSTATESTATE � � w•� � � Y COPIES OF THIS SURVEY MAR NOT BEARING •(� ,�• i+ ^ Land Surveyor THE LAND SURVEYOR'S INKED SEAL OR EMBOSSEO SEAL SHALL NOT BE CONSIDERED 4 p" TO BE A VALID TRUE COPY. / �' ♦a O `/r^`�, CFRMCATIONS INDICATED HEREON SHALL RUN A0� O9 za Y Successor To:StorIg J.Isokse n,Jr.L.S. ONLY TO THE PERSON FOR WHOM THE SURVEY A5 Joseph A Ingegno L.S. IS PREPARED,AND ON HIS BEHALF TO THE 14 TITLE COMPANY,GOVERNMENTAL AGENCY AND A] CQ Title Surveys—Subdivisions — Site Plans — Construction Layout LENDINO INSTITUTION LISTED HEREON,AND TO THE ASSIGNEES OF THE LENDING INSN— PHONE (631)727-2090 Fax (631)727-1727 TUTION.CERTIFICATIONS ARE NOT TRANSFERABLE. Al'a/ OFFICES LOCATED AT AWLING ADDRESSEXISTENCE THE REASEMENTS NT RIGHTS OF WAY 1566 Main Road P.O.Box 16 AND.N EASEMENTS OF RECORD,IF ,TP �'T'• JamespOrt,New York 11947 Jamespart,New York 11947 ANY,NOT SHOWN ARE NOT GUARANTEED. 0 r COUNTY OF SUFFOLK RECEIVED E'_EIVED AUG 012823 STEVEN BELLONE I Zoning Board of Appeals SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF ECONOMIC DEVELOPMENT AND PLANNING SARAH LANSDALE CHRISTOPHER GONZALEZ COMMISSIONER ELISA PICCA CHIEF DEPUTY COMMISSIONER DEPUTY COMMISSIONER July 31, 2023 Town of Southold Zoning Board of Appeals 53095 Main-Road P.O. Box 1179 Southold, NY 11971-0959 Attn: Leslie Weisman Dear Ms. Weisman: Pursuant to the requirements of Sections A14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number Michael & Nicholas Giacone #7829 Edwin Pisani #7834SE Kathleen Walas 97835 Very truly yours, By Christine DeSalvo Theodore R. Klein, Principal Planner TRK/cd Division of Planning& Environment H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th FI■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 0 (631)853-5191 V- OFFICE LOCATION: �O��O� $U(/lyQlO MAILING ADDRESS: S- t , Town Hall Annex P.O. Box 1179 b d" 1_ ,Qr 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) va Southold,NY 11971 /fes �Q Telephone: 631 765-1938 �OUNT`I e`v LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM RECEIVED To: Leslie Weisman, Chair SEP 2 7 2023 Members of the Zoning Board of AppealsQ S From: Mark Terry,AICP Zoning Board of Appeals Assistant Town Planning Director LWRP Coordinator Date September 19, 2023 Re: LWRP Coastal Consistency Review for ZBA File EDWIN J. PISANI#7834SE SCTM No. 1000-22-3-1 EDWIN J. PISANI#7834SE- Applicant requests a Special Exception under Article III, Section 280- 13C(13). The Applicant is owner of the subject property requesting authorization to establish an Accessory Apartment in an existing accessory structure; at: 7180 Peconic Bay Boulevard, (adj. to Great Peconic Bay) Laurel,NY. SCTM#1000-126-11-9.1. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program(LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department and the records available to me, the proposal is recommended as CONSISTENT with the LWRP. Pursuant to Chapter 268,the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Paul DeChance, Town Attorney BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson *rsF SU(/r53095 Main Road P.O.Box 1179 Patricia Acampora h0� alp Southold,NY 11971-0959 Eric Dantestc Office Location: Robert Lennert,Jr. G Q Town Annex/First Floor Nicholas Planamento 54375 Main Road(at Youngs Avenue) Southold,NY 11971 \ `L� http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 JUL 2 6 2023 BLMMI NG DEPT. TOWN. 1'c0$iM,.e! 1 TO : SOUTHOLD TOWN BUILDING DEPARTMENT RE : VERIFICATION OF LIVABLE FLOOR AREA Special Exception Application to establish an accessory apartment in an accessory structure RECEIVED ZBA Application : #7834SE PISANI, Edwin (100-u- I aZ(o�(�— �. AUG 3 p 2p�3 Date sent to Building : July 20, 2023 q93 Zoning Board of Appeals Pursuant to Town Board Resolution No. 2011-353, effective April 26, 2011, the Offic - Zoning Board of Appeals is forwarding the above referenced application for verification of the livable floor area, per code Section 280-4, to be returned to this office two (2) weeks prior to the Public Hearing. Public Hearing schedule to be on : October 5, 2023 FOR BUILDING DEPARTMENT USE Our office has reviewed the following documents provided in the above referenced application: Floor Plans : Mark Schwartz Dated : 3/23/2023 Based upon the information listed above The livable floor area is determined to be square feet and is conforming to Section 280-13B (13) (a) of the code The livable floor area is determined to be square feet and is not allowed pursuant to Section 280-13B(13)(a)of the code which states: "The accessory structure shall contain no less than 450 square feet and shall not exceed 750 square feet of livable floor area..." The livable floor area cannot be verified. COMMENTS: '/rat''^ Signature of reviewer Date: e _� Adopted by the Board of Appeals:May 18,2011 RECEIVED JUL 1 9 2023 TOWN OF SOUTHOLD 1 9 3 7 5 9- ZONING BOARD OF APPEALS zoning Board of Appeals Phone(631)765-1809 (631)765-9064 APPLICATION FOR A SPECIAL EXCEPTION PERMIT FOR AN ACCESSORY APARTMENT IN AN EXISTING ACCESSORY BUILDING Application No.: SCTM:No: Date Filed: Owner/Applicant(s)Name(s) Edwin J. Pisani, Owner/Martin D. Finnegan as applicant Owner/Applicant(s)Address 7180 Peconlc Bay Blvd, Laurel, NY 11948 (House No.,Street,Hamlet,Zip Code and mailing address if different from physical address) Owner/Applicant(s)phone number(s): 631-315-6070 Owner/Applicant(s)e-mail address: MFlnnegan@northfork.law Agent/Representative Name,Address,Contact Info,E-mail: 631-315-6070 - Finnegan Law Office 13250 Main Rd, Mattituck 11952- PO Box 1452 [ ]I/we are the owners of the subject property I am the agent for the property owner and my Letter of Authorization and Transactional Disclosure Form is attached. I. Statement of Ownership and Interest: Edwin J. Pisani is(are)the owner(s)of the property known and referred to as 7180 Peconic Bay Blvd, Laurel, 11948 House No. Street Hamlet Zip Code Identified on the Suffolk County Tax Maps as District 1000,Section 126 Block 11 Lot(s) 9.1 Lot Size 0.863a Zoning District R-40 as shown on the attached deed and survey The above-described property was acquired by the owner(s)on(date) 4/21/95 I/we hereby apply to the Zoning Board of Appeals for a Special Exception Permit pursuant to Section§280-13B(13)of the Zoning Ordinance to establish an accessory apartment in an existin accessory building as shown on the attached survey/site plan and floor plan(s) II. Project Description: Convert existing garage to accessory apartment and construct new garage addition as shown on attached plans. III. The applicant alleges that the approval of this special exception would be in harmony with the intent and purpose of said zoning ordinance,and that the proposed use conforms to the standards prescribed therein and would not be detrimental to property or persons in the neighborhood for the following reasons: Page 2—Application—Special Exception—Accessory Apartment in existing Accessory Structure See attached narrative. RECEIVED JUL 92023 ��sv pard OfAPPeals IV. The applicant alleges that the following standards prescribed by Section§280- 13(13)(13)(a)-(k)of the zoning ordinance will be met: a. The accessory apartment will be located in an existing accessory building. b. The owner of the premises shall occupy either the existing single-family dwelling or the accessory apartment in the detached accessory structure as the owners'principal residence.The other dwelling unit shall be occupied by a family member as defined in Section§280-4 of the code or a resident who is currently on Southold Town's Affordable Housing registry and is eligible for placement,evidenced by a written lease,for a term of one or more years. c. The accessory apartment shall contain no less than 450 square feet and does not exceed 750 square feet of livable floor as defined in Section§280-4 of the code. d. The accessory apartment will be located on one floor of the accessory building and will contain only one full bathroom. e. A minimum of three on-site parking spaces shall be provided as shown on the attached survey. f. Not more than one(1)accessory apartment shall be permitted on this parcel. g. No Bed and Breakfast facilities,as authorized by Section§280-13(B)(14)hereof shall be permitted in or on the premises for which an accessory apartment is authorized or exists. h. The accessory apartment will meet the requirements of a dwelling unit as defined in Section 280-4 of the Zoning Code. i. This conversion shall be subject to a building permit,inspection by the Building Inspector and Renewal of Certificate of Occupancy annually. j. The existing building,together with this accessory apartment,shall comply with all other requirements of Chapter§280 of the Town Code of the Town of Southold. k. This conversion for the accessory apartment shall comply with all other rules and regulations of the New York State Construction Code and other applicable codes. V. The property which is the subject of this application(check all that apply): [ ]has not changed since the issuance of the attached Certificates of Occupancy [ ]has changed or received additional building permits.Certificates of Occupancy for these changes are attached or will be furnished [X]has been the subject of a prior ZBA decision(s),copies are attached List Certificates of Occupancy/Building Permits,and dates of issuance below: BP #24031, 4/9/97 -- BP#32104, 6/13/06 -- BP #34337, 12/9/08 -- Pre-CO#Z-23586, 4/4/95 CO Z-33429, 12/9/08 -- CO Z-33430, 6/14/11 -- CO Z-35750, 6/12/12 Owner Si COUNTY OF SUFFOLK) ss.: STATE OF NEW YORK) Sworn to before me this day of 7UAl ,20-75 (Notary Public) Revised 04/28/2021 SCHWEITZER ANNALISE NOTARY PUBLIC-STATE OF NEW YORK NO.01SC6409457 QUALIFIED IN SUFFOLK COUNTY MY COMMISSION EXPIRES SEP 28,20 Z�.. RECEIVED JUL 1 9 2023 ��� S6 PISANI SPECIAL EXCEPTION APPLICATION Zonin Board of Appeals FOR ACCESSORY APARTMENT IN EXISTING ACCESSORY S RUC NARRATIVE ADDENDUM The Applicant is seeking a Special Exception under Section 280-13(13)(13) of the Town Code to convert a legally existing accessory structure into an accessory apartment to provide necessary housing for their family member. The accessory structure the Applicant seeks to convert is currently a garage for which a Pre-Existing Certificate of Occupancy (No. Z23586) was issued in 1995. (Attached). The Applicant plans to convert the existing garage into the apartment, while expanding the same structure to the north, as shown on the attached plans, to create storage space to replace the storage lost to the apartment. This will not require relief from any Town Code requirements, and a building permit for this work will be sought if this Special Exception is granted. The proposed alterations will result in a livable floor area of 525 feet,meeting all requirements of Section 280-13(B)(13) and remaining under the 750 square-foot maximum for an accessory apartment. The existing driveway loop on the property provides ample parking for at least three vehicles. The living space of the accessory apartment is on one floor,the apartment is improved with a full bath and two bedrooms,and there are no other accessory apartments on the premises. In addition, the Applicant owns and resides in the single-family residence on the property and will continue to occupy the same as their principal residence. The Applicant further submits that the granting of the relief requested herein will not have an adverse impact on the property or the surrounding neighborhood. The current two-car garage has legally existed in this location for over 30 years, and the expanded structure will continue to conform to the bulk schedule. The adjacent neighbors to the east and west have both provided letters supporting this Special Exception application. The modification of accessory structures such as this to provide affordable housing for family members is entirely consistent with the standards in Section 280-142 of the Town Code and, as such,the Applicant respectfully submits that, upon your consideration of the matters to be considered in Section 280-143 of the Town Code, the granting of a Special Exception to convert the existing structure to an accessory apartment is warranted. 1 . WEDI FORM NO. 4 JUN 0 6 2011 TOWN OF SOUTHOLD BUILDING DEPARTMENT BOARD OF APPEALS Office of the Building Inspector THall RECEIVE® Southold, N.Y. PRO EXISTING JUL 19 2023,7 CERTIFICATE OF OCCUPANCY 1 b3� Sg/ Date APRIL 4 1995 Na E-23585 Zoning Board of Appeals THIS CERTIFIES that the building ONE FAMILY DWELLING Location of Property 7180 GREAT PSOONIC 887[ House No. BflQL�O LAUREL � Street Hamlet County Tax Nap No. 1000 Section126 Block 11 Lot 9,1 Subdivision Filed Hap 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 _1-23586 586 _dated APRIL 4 1995 was issued, and conforma to all of the requirements of the applicable provisione of the law. The occupancy for which this certificate is issued is A ONE FAMILY DWELLING WITH AN ACCESSORY TWO CAR GARAGE. The certificate is issued to MICHAEL BRADY (owner) Of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A *SSE SEM ATTACHED INSPECTION AEPORT. Bui ding Inspector Rev. 1/81 V FORM NO. 4 TOWN OF SOUTHOLD RECEIVE® BUILDING DEPARTMENT --- Office of the Building Inspector JUL 19 2023 (�STown Hall Jard outhold, N.Y. ea15Zoning of App CERTIFICATE OF OCCUPANCY No: Z-33429 Date: 12/09/08 THIS CERTIFIES that the building ADDITIONS/ALTERATIONS Location of Property: 7180 GREAT PECONIC BAY BLVD LAUREL (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 126 Block 11 Lot 9.1 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated JUNE 13, 2006 pursuant to which Building Permit No. 32104-Z dated JUNE 13, 2006 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 ADDITIONS AND ALTERATIONS TO AN EXISTING ONE FAMILY DWELLING, INCLUDING DECK, SECOND FLOOR DECK AND ENCLOSED PORCH, AS APPLIED FOR. The certificate is issued to EDWIN J & MARGARET C PISANI (OWNER) of the aforesaid building. SUFFOLK CODWY DEPARTM MT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. N 453634 05/14/98 PLUMBERS CERTIFICATION DATED 10/15/08 JOE WHITCOAVAGE y� Authorized Signature Rev. 1/81 FOL,tTown of Southold Annex 6/14/2011 54375 Main Road Southold,New York 11971 RECEIVED 4 JUL 19 2023 Zoning Board of Appeals CERTIFICATE OF OCCUPANCY No: 33430 Date: 6/14/2011 THIS CERTIFIES that the building DECK Location of Property: 7180 Gt Peconic Bay Blvd,Laurel, SCTM#: 473889 Sec/Block/Lot: 126.41-9.1 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this officed dated 12/9/2008 pursuant to which Building Permit No. 34337 dated 12/9/2008 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: deck addition to an existing one family dwelling as applied for per ZBA#4840,dated 8/10/00. The certificate is issued to Pisani,Edwin&Pisani,Margaret (OWNER) ------ —of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. PLUMBERS CERTIFICATION DATED Autrwrized Signature Town of Southold Annex 6/ 01X,t P.O.Box 1179 ,s 54375 Main Road y Southold,New York 11971 `� � ��,t• o — . --- - - ---. CERTIFICATE OF OCCUPANCY No: 35750 Date: 6/12/2012 THIS CERTIFIES that the building ADDITION/ALTERATION Location of Property: 7180 Great Peconic Bay Blvd,Laurel, SCTM#: 473889 Sec/Block/Lot: 126,11-9.1 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this officed dated 9/23/2011 pursuant to which Building Permit No. 36741 dated 10/7/201] 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: Additions&Alterations to a Single Family Dwelling: Den.Laundry Room,Covered Porches, Entry Hail, Bedrooms,Baths,Decks, Sitting Area,as applied for. The certificate is issued to Pisani,Edwin&Margaret (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL R10-11-0027 4/23/12 ELECTRICAL CERTIFICATE NO. 36741 6/6/12 PLUMBERS CERTIFICATION DATED 6/1/12 Peconic Plumbing&Heating Authoi' ed Signature �t_>.l~1vu) - - ---- - JUL 1 9 2023 X l CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY LA J'S3� 1+�i4N4�j Boaof Appeals THIS INDENTURE,made the �—/ day of APRIL nineteen hundred and ninety-five BETWEEN MICHAEL P. BRADY, residing at 7180 Peconic Bay Boulevard, Laurel, New York 11948 DSTPJCT SE07MM BLOCK LOT 0 12 17 21 20 party of the first part,and EDWIN J. PISANI and MARGARET C. PISANI, his wife, residing at 40 Van Wyck Street, Croton on Hudson, New York 10520 party of the second put, WITNESSETH, that the party of the first pan, in consideration of Ten Dollars and other valuable consideration paid by the party of the second part,does hereby grant and release unto the party of the second pan,the heirs Ar successors and assigns of the party of the second part forever, ALL that certain plat, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in cite Town of Southold, County of Suffolk and State of New York, being bounded and described as follows; DISTRICT BEGINNING at a point on the southerly side of Great Peconic Bay 0� 0�p Blvd.•j slid point being distant 600 feet more or less westerly from Bray Avenue; said point of beginning also being the division line between premises hereinafter described and lands now or SECTION formerly of Friedlander; i 1 THENCE from said point of beginning along the southerly side of Great Peconic Bay Blvd., north 41 degrees 02 minutes 50 seconds BLOCK east, 125.21 feet to lands now or formerly of Hinsch; �6 THENCE along last mentioned land south 20 degrees 44 minutes east, LOT along the easterly side of a right of way, 345.76 feet to the x.001 ordinary high water mark of Great Peconic Bay; THENCE along the high water mark at Great Peconic Bay, south 41 degrees 12 minutes 20 seconds west 121.42 feet to a point and the division line between premises 'described herein and lands now Pr formerly of Friedlander; THENCE along last mentioned lands north 21 degrees 15 minutes 40 seconds west, 343.70 feet to a monument in the southerly side of Great Peconic Bay Blvd, the point or place of BEGINNING. SUBJECT TO a right of way along the 25 foot wide strip of above described premises from Great Peconic Bay Blvd to Great Peconic Bay. BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by deed dated 3/29/89 and recorded in the Suffolk County Clerk's Office .on 7/13/89 in Liber 10894 cp:il6. TOGETHER with all right, title and intetesr, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof;TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises;TO HAVE AND TO HOLD the premises herein granted onto the parry of the second part,the heirs or successors and assigns of the parry of the second pan forever. AND the party of the fust part covenants that the parry of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever,except as aforesaid AND the parry of the first part,in compliance with Section 13 of the Lien Law,covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust.fund.to pe,applied first for the purpose of paying the cost of the improvement and will apply the same tint to 1 = •;thi,,, •af`. cost of the improvement before using any pan of the total of the same for any other purpose. :,:...•. •.,Ttic�yofd'i." wt},'shall be construed as if it read"parties whenever the sense of chis indenture so requires -A 49-41M ESS WHEREOF, the party of the first pan has duly executed this deed the day and year first above written. TN PRFSHNCR Or:- w MICHAEL P. BRADY EDWARD F�RECORDED APR 27 1995 ► ' QUESTIONNAIRE aQ FOR FILING WITH YOUR ZBA APPLICATIONA. Is the subject premises listed on the real estate market for sale?Yes X No B. Are there any proposals to change or alter land contours? X No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? Yes 2.)Are those areas shown on the survey submitted with this application? Yes 3.)Is the property bulk headed between the wetlands area and the upland building area?Yes 4.)If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction? N/A Please confirm status of your inquiry or application with the Trustees: and if issued,please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No E. Are there any patios,concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? No Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises?No If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? No If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel Single-family residence and the proposed use Same with accessory apartment and garage addition (ex:existing single family,proposed:same with garage,pool or other) Authorized signature and Date r RECEIVED OCT 0 2 2023 ZONING BOARD OF APPEALS � 83q S TOWN OF SOUTHOLD Zoning Board of Appeals ---------------------------------------------------------X In the Matter of the Application of EDWIN J. PISANI #7834 SE For a Special Exception Permit for an Accessory Apartment in an Accessory Structure pursuant to Section 280-13(B)(13) of the Code of the Town of Southold ---------------------------------------------------------X MEMORANDUM OF LAW OF APPLICANT, EDWIN J. PISANI, IN SUPPORT OF THE RELIEF REQUESTED FINNEGAN LAW, P.C. Attorneys for Applicant By: Martin D. Finnegan, Esq. 13250 Main Road Mattituck, New York 11952 (631) 315-6070 - Dated: October 2, 2023 1rj`a- Adik RECEIVE® OCT °2 2023 STATEMENT OF FACTS Q"j�i S� I g Boar The Applicant is seeking a Special Exception un �ti n.. Appeals 13(B)(13) of the Town Code to convert a legally existing accessory structure into an accessory apartment to provide necessary housing for their family member. The accessory structure the Applicant seeks to convert is currently a garage for which a Pre-Existing Certificate of Occupancy (No. Z23586) was issued in 1995. The Applicant proposed a slight expansion of the existing garage of less than 100 SF to accommodate the apartment conversion. The Applicant plans to add a 329 SF accessory garage structure to the north, as shown on the submitted plans, to create storage space to replace the storage lost to'the apartment. The garage addition will not require relief from any variance relief. For the following reasons, the Applicant submits that the granting of a Special Exception under Section 280-13(B)(13) is warranted. POINT I THE APPLICANT HAS MET THE TEST FOR THE GRANT OF A SPECIAL EXCEPTION UNDER SECTION 280-13(B)(13) OF THE TOWN CODE Section 280-13(B)(13) of the Town Code permits the Zoning Board of Appeals to issue a Special Exception permit for an accessory apartment in a lawfully existing accessory structure subject to the following requirements (stated in pertinent part): 2 RECEIVED OCT 0 2 2023 ��a-��s- Zoning Bor_d0 Sq �p� a) The accessory apartment shall contain no 1 an c feet and shall not exceed 750 square feet of livable floor area and shall have no more than two bedrooms and one bathroom. b) A minimum of three off-street parking spaces shall be provided on the premises. c) Not more than one accessory apartment shall be permitted on a lot. d) The accessory apartment shall meet the requirements of an apartment as defined in the Town Code. e) The entirety of the living floor area of the accessory apartment must be on one floor of the accessory structure. f) The existing accessory structure shall comply with all other requirements of this chapter. If, established on the first floor, access to any storage area above shall be by pull-down ladder staircase only. The structure must have been certified a minimum of three years prior to the establishment of the accessory apartment. g) Approval by the Suffolk County Department of Health Services of the water supply and sewage disposal systems shall be required. h) No bed-and-breakfast facilities shall be permitted in or on premises for which an accessory apartment is authorized or exists. i) Occupancy of resident structures on the premises shall be subject to the issuance of an annual rental permit in accordance with Section 280-13(D) and the following requirements: a. One of the dwelling units shall be for the sole, exclusive occupancy of the owner or family member as defined in Section 280-4. The other dwelling unit shall be leased for year-round occupancy evidenced by a written lease for a term of one or more years to: L A family member... b. No accessory apartment shall be occupied by more than the number of persons permitted to occupy the dwelling unit under Section 404,of the Property Maintenance Code of the New York State Uniform Fire Prevention and Building Code. c. An accessory apartment shall only be occupied or otherwise utilized in accordance with the certificate of occupancy issued for the dwelling unit. j) (intentionally omitted) 3 LRECEIVED OCT 0 2 2023 Board fqk) No special exception shall be granted unless theg Board otjpeaI5 Appeals, in addition to the considerations, determinations and findings required in Sections 280-142 and 280-143, specifically finds and determines the following: a. that the granting of the special exception will not adversely impact the privacy and use and enjoyment of any adjoining parcel. b. That the granting of the special exception will not adversely impact the character of the neighborhood in which it is located. c. That the cumulative effect of approving the present application along with previously approved applications will not have a cumulative adverse impact on the surrounding neighborhood. d. That the cumulative effect of approving the present application along with previously approved applications will not have a cumulative adverse impact on the school district in which the property is located. e. That sufficient off-street parking exists on the subject property to accommodate the proposed accessory apartment. f. Whether adequate buffer yards and screening can and will be provided to protect adjacent properties from possible detrimental impacts of the proposed use. The Applicant submits that under the facts and circumstances presented here, they can clearly meet the standards set forth in Town Code Section 280- 13(B)(13) and as a result, the Special Permit requested herein should be granted. A. The Evidence presented confirms that the Applicants have satisfied all remaining Town Code requirements for the issuance of a Special Exception. The Applicant submits that there is evidence on the record that confirms the following: 4 1) The existing structure has been certified since 1995'and as such has been certified for more than 3 years. 2) The 525 SF accessory apartment has only two bedrooms anFremigejard bathroom and the entire livable floor area is on one floor. RECEIVED 3) There are three (3) available off-street parking spaces. OCT ® 2 2023 -1 831 sL 4) There will be no more than one accessory apartment on the of Appeals 5) The accessory apartment will have its own septic system subject to the approval by the Suffolk County Department of Health Services. 6) The accessory apartment will be occupied by the Applicant's daughter. 7) The Applicant owns and occupies the existing single-family residence as their principal residence and will continue to do so. The Applicant further submits that the granting of the relief requested herein will not have an adverse impact on the property or the surrounding neighborhood. The current two-car garage has legally existed in this location for over 30 years, and the expanded structure will continue to conform to the bulk schedule. The adjacent neighbors to the east and west have both provided letters supporting this Special Exception application. The modification of accessory structures such as this to provide affordable housing for family members is entirely consistent with the standards in Section 280- 142 of the Town Code and, as such, the Applicant respectfully submits that, upon your consideration of the matters to be considered in Section 280-143 of the Town Code, the granting of a Special Exception to convert the existing structure to an accessory apartment is warranted. 5 RECEIVE® L .0220�3�8 - y4ard CONCLUSION °f Appeals For the reasons set forth herein, it is respectfully submitted that the Applicant has satisfied the criteria for the issuance of a Special Exception for an Accessory Apartment in an existing Accessory structure set forth in Town Code Section 280-13(B)(13) and, therefore, respectfully requests that the relief requested herein be granted in its entirety. Dated: Mattituck, New York October 2, 2023 Respectfully Submitted, FINNEGAN LAW, P.C. Atto r Applicant i" Martin an, Esq. 13250 Main Road Mattituck, New York (631) 315-6070 6 JUS 92 A023 2D23 Zoning Board S p peaiS Board of Zoning Appeals Application AUTHORIZATION (Where the Applicant is not the Owner) I, EDWIN J. PISANI residing at 7180 PECONIC BAY BOULEVARD, (Print property owner's name) (Mailing Address) LAUREL, NY 11948 do hereby authorize MARTIN D. FINNEGAN (Agent) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. edfv� 62, (Owners Signature) EDWIN J. PISANI (Print Owner's Name) RECEIVED JUL 19 2.0�2J3 AGRICULTURAL DATA STATEMENT 1'5-3l Sti✓ ZONING BOARD OF APPEALS 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. 1. Name of Applicant: Martin D. Finnegan,attorney 2. Address of Applicant: 13250 Main Rd, Mattituck 11952- PO Box 1452 3. Name of Land Owner(if other than Applicant): Edwin Pisani 4. Address of Land Owner: 7180 Peconic Bay Blvd, Laurel NY 5. Description of Proposed Project:Special Exception for an Accessory Apartment in an Existing Acessory Structure 6. Location of Property:(road and Tax map number) 7180 Peconic Bay Blvd -- SCTM#1000-126.-11-9.1 7. Is the parcel within 500 feet of a farm operation? { } Yes X No 8. Is this parcel actively farmed? {}Yes N 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 back of this page if there are additional property owners) 2 61 Signature of Applica 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. [Zoning ECEIVED L 19 2023 APPLICANT/OWNER oard of Appeals TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the cart 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: EDWIN J. PISANI (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) SPECIAL EXCEPTION-ACCESSORY APARTMENT 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 day of .2o23 2023 Signatureilit�. Print Name EDWIN J. PISANI RECEIVED JUL 1 9 2023 ��33`-(S� AGENT/REPRESENTATIVE Zoning Board of Appeals TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. �, ^ YOUR NAME: (Last name,first name,middle ini' 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 day of JG4'L ,20 Signature Print Name 61720 RECEIVED Appendix B Short Environmental Assessment Form JUL 19 202 �g 37sa Instructions for Completing Zoning Board of Appeals Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information Name of Action or Project: PISANI SPECIAL EXCEPTION APPLICATION FOR ACCESSORY APARTMENT IN EXISTING ACCESSORY STRUCTURE Project Location(describe,and attach a location map): 7180 Peconic Bay Blvd, Laurel, NY 11948 Brief Description of Proposed Action: Convert existing garage to accessory apartment and construct garage addition as shown on attached plans. Name of Applicant or Sponsor: Telephone: 631-315-6070 Martin D. Finnegan, attorney E-Mail: MFinnegan@northfork.law Address: 13250 Main Rd, Mattituck 11952 City/PO: State: Zip Code: PO Box 1452, Mattituck NY 11952 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that X may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: Southold Town Building Department, SCDHS X 3.a.Total acreage of the site of the proposed action? 0.863 acres b.Total acreage to be physically disturbed? 0.01 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 0.863 acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial X Residential(suburban) ❑Forest ❑Agriculture X Aquatic ❑Other(specify): ❑Parkland Page 1 of 4 FcE.IvED 5. Is the proposed action, JUL 1 2023 NO YES N/A a.A permitted use under the zoning regulations? 153M S� X b.Consistent with the adopted comprehensive plan? Zoning Board of X 6. Is the proposed action consistent with the predominant character o ral NO YES landscape? X 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify:Name:Peconic Bay and Environs,Reason:Protect public health,water.vegetation.&scenic beauty. Agency:Suffolk County,Date:7-12-88 X 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES X b.Are public transportation service(s)available at or near the site of the proposed action? X c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? X 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: X 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: X 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: X 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? X b.Is the proposed action located in an archeological sensitive area? X 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? X b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? X If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: Great Peconic Bay 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: * Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional ❑ Wetland ❑Urban ®Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? X 16.Is the project site located in the 100 year flood plain? NO YES X 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? ❑NO❑YES X b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO❑YES Page 2 of 4 18.Does the proposed action include construction or other activities that result i the impoNi N YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: JUL 19 19.Has the site of the proposed action or an adjoining property been the locatio NO YES solid waste management facility? If Yes,describe: X 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or [NO YES completed)for hazardous waste? If Yes,describe: X I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor na e: Martin D. innegan Date: L_ 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 RECI No or Moderate Lzoning L 19X023 S 11 to large 3 i act impact m y may oard of Appe lg cur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 i EAF Mapper Summary Report Thursday,June 22, 2023 2:55 PM Disclaimer: The EAF Mapper is a screening tool intended to assist project sponsors and reviewing agencies in preparing an environmental assessment form(EAF).Not all questions asked in the EAF are 4'1260.=..{. 'L2 f ' i��:-1�,k►2.1{; answered by the EAF Mapper.Additional information on any EAF 12G-:10,1 . Y' V ` question can be obtained by consulting the EAF Workbooks. Although / r'; t the EAF Mapper provides the most up-to-date digital data available to . 1a - 12610-16�' '126 1 DEC,you may also need to contact local or other data sources in order 126._I1-12 �. to obtain data not provided by the Mapper.Digital data is not a { } a M1 w substitute for agency determinations. t'1 '126.- =:t'i „ F 126A -1,0,17 t �tarraz r �11.t 125. 2#.23 4 g, x Kiny3jan, '71 ' ttcn8pr 6. ti '11 { t o x`126_-i4-4 1E6 Sou C9G Hafnitfan 126-10- A r. 126_=19-6 r.• .b- ,. l r / ti ;a-r Sources;Esr'HER nGn_rtr�in=USs Ci?'f.�tr,a ,Ih�� Et4i ` ,•t2.6_=1Q-2(b ,�, 't2�_=11.5- �.(_ ..E� _ rte,.`. _✓our:es;Esti,-TtERE,t :ra�trm •tnr n,5a I REiuiJ lT P'fiaR�ar 1 i r;,P iE t;'E i' > a 7 T 3 f_ . �-:.}' `�ica�t�* �,• i ; Y, Chi tls ?nnl,.6;ri Kor�fi` s t i! d't,t°t� ,ic;GpeSt e= ,� �.: "tir,i: �i -a7 - fiilni'I,'iG fi 'r L?rci SrJA,fIL7aja; :iriC'titn.: r-a t: lS ' .i c,i, h�(3:aS., ;dt111�`F�".':#, - us I k411.`t3"+ jE;tlt i'iEf?E,fl rtt;111,.F.vYSr;U]'C�S:1'F',w 32:6.-1Fb-23.1 �.1r', �4 ``4 ' .,";Er.e�r_til,N,r� L- Part 1-/-Question 7 Critical"Environmental Yes V __--------— -- [ i - Areal If Part 1 /Question 7[Critical Environmental lName:Peconic Bay and Environs, Reason:Protect public health, water, I Area- Identify] !vegetation, &scenic beauty,Agency:Suffolk County, Date:7-12-88 'Part 1 /Question 12a [National or State No Register of Historic Places or State Eligible I Sites] Part 1 /Question 12b [Archeological Sites] No Part 1 /Question 13a[Wetlands or Other lYes- Digital mapping information on local and federal wetlands and Regulated Waterbodies] :waterbodies is known to be incomplete. Refer to EAF Workbook. Part 1 /Question 15 [Threatened or No !Endangered Animal] j ;Part 1 /Question 16 [100 Year Flood Plain] !No Part 1 /Question 20 [Remediation Site] )No RECEIVED JUL 19 2023 Zoning Board of Appeals Short Environmental Assessment Form - EAF Mapper Summary Report l RECEIVED .1 Town of Southold JUL 1P 2023 LWRP CONSISTENCY ASSESSMENT FORM Zoning Board of Appeals A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes",then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 126 _11 -9.1 The Application has been submitted to(check appropriate response): Zoning Board of Appeals Town Board 0 Planning Dept. 0 Building Dept. 0 Board of Trustees 0 X 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital 0 construction,planning activity,agency regulation,land transaction) (b) Financial assistance(e.g. grant,loan,subsidy) (c) Permit,approval,license,certification: Nature and extent of action: Convert existing garage to accessory apartment and construct new garage addition as shown on attached plans. RECEIVED Location of action:7180 Peconic Bay Blvd,Laurel, NY 11948 023 Site acreage:0.863 I's 3q So� Zan�ng Boar f Appeals Present land use:Single-family residence 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:Edwin J.Pisani,Owner/Martin D.Finnegan as applicant (b) Mailing address:7180 Peconic Bay Blvd,Laurel,NY 11948 (c) Telephone number:Area Code( )631-315-6070-Finnegan Law Office (d) Application number,if any: Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes ❑ No X If yes,which state or federal agency? DEVELOPED COAST POLICY MINOR 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 Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No ❑ Not Applicable t Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the LWRP Section III—Policies Pages 6 through 7 for evaluation criteria RECEIVE® Yes [3 No Not Applicable JUL 19 2023 as Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria Yes 13 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 0 No Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. E Yes [1] No 0 Not Applicable RECEIVED S 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 Mf 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 g 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. t Ye 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 RECEIVED JUL 19 2023 -cl of Appp�d 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. 11Yes 1:1No 9 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 1er?4 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 JZS1 Not Applicable Created on 512510511:20 AM i A 495-- House lease,plain English format, ____._j-an exact replica of Blumberg form A495 furnished or unfurriished,11-78 and any revisions thereto a1-e clearly indicated. LEASE AGREEMENT The Landlord and Tenant agree to Lease the Premises at the Rent and for the Term stated on these terms: LANDLORD: TENANT: RE EDWIN J.PISANI................................................................ GENEVIEVE PISANI............................©� . ............. . ............................................................... ................................................. .......................:.. -202-3.................................... Address for Notices °... PO BOX 657,LAUREL,NY 11948..................................... 7180 GREAT PECONIC BA E(dCII7FVk4-P LAUREL,NY 11948....................................., ..........:.:.:::::.:..:...... Premises: 7180 GREAT PECONIC BAY BOULEVARD,LAUREL,NY 11948 Lease date: Term................................Ten(10)years Yearly Rent $............................1.00 November 1,2023............................. beginning..................November 1,2023 Monthly Rent $............................0.00 ending .October 315`,2033 Security $............................0.00 1. Use The Premises must be used to live in only and for no other reason. Only a party signing this Lease, spouse and children of that party may use the Premises. 2. Failure to give possession Landlord shall not be liable for failure to give Tenant possession of the Premises on the beginning date of the Term. Rent shall be payable as of the beginning of the Term unless Landlord is unable,to give possession. In that case rent shall be payable when possession is available. Landlord will notify Tenant as to the date possession is available. The ending date of the Term will not change. 3. Rent,added rent The rent payment for each month must be paid on the first day of that month at Landlord's Address above. Landlord need -not give notice to pay the rent. Rent must be paid in full and no amount subtracted from it. The first month's rent is to be paid when Tenant signs this Lease. Tenant may be required to pay other charges to Landlord under the terms of this Lease. They are to be called "added rent." This added rent is payable as rent, together with the next monthly rent due. If Tenant fails to pay the added rent on time,Landlord shall have the same rights against Tenant as if it were a failure to pay rent. The whole amount of rent is due and payable when this Lease is effective. Payment of rent in installments is for Tenant's convenience only. If Tenant defaults, Landlord may give notice to Tenant that Tenant may no longer pay rent in installments. The entire rent for the remaining part of the Term will then be due and payable. 4. Notices Any bill, statement or notice must be in writing and delivered or mailed to the Tenant at the Premises and to the Landlord at the Address for Notices. It will be considered delivered on the day mailed or if not mailed, when left at the proper address. Any notice must be sent by certified mail. Landlord must send Tenant written notice if Landlord changes the Address for Notices. 5. Security Tenant has given Security to Landlord in the amount stated above. If Tenant fully complies with all the terms of this Lease, Landlord will return the security after the Term ends. If Tenant does not fully comply with the terms of this Lease, Landlord may use the Security to pay amounts owed by Tenant, including damages. If Landlord sells the Premises, Landlord may give the Security to the buyer. Tenant will look only to the buyer for the return of the Security. .6. Utilities and services Tenant must pay for the following utilities and services when billed: gas, water, electric, fuel, telephone, gardening, exterminating" Add other utilities and services,if any. 7. Furnishings If the Premises are furnished,the furniture and other furnishings are accepted"as is." If an inventory is supplied each party shall have a signed copy. 8. Repairs,alterations Tenant must keep, and at the end of the Term return, the Premises and all appliances, equipment, furniture, furnishings and other personal property clean and in good order and repair. Tenant is not responsible for ordinary wear and damage by the elements. If Tenant defaults, Landlord has the right to make repairs and charge Tenant the cost. The cost will be added rent. Tenant must not alter,decorate,change or add to the Premises. 9. Space"as is" Tenant has inspected the Premises. Tenant states that they are in good order and repair and takes the Premises"as is." 10. Care of Premises,grounds Tenant shall keep the grounds neat and clean. Vehicles may be driven or parked only in driveways or in the garage. 11. Fire,damage Tenant must give Landlord immediate notice in case of fire or other damage to the Premises. Landlord will have the right to repair the damage within a reasonable time or cancel this Lease. If Landlord repairs, Tenant shall pay rent only to the date of the fire or damage and shall start to pay rent again when the Premises become usable. Landlord may cancel the Lease by giving Tenant 3 days'written notice. The Term shall be over at the end of the third day and all rent shall be paid to the date of the damage. 12. Liability Landlord is not liable for loss,expense or damage to any person or property unless it is due to Landlord's negligence. Tenant must pay for damages suffered and money spent by Landlord relating to any claim arising from any act or neglect of Tenant. Tenant is responsible for all acts of Tenant's family,employees,guests and invitees. 13. Landlord's Consent If Tenant requires Landlord's consent to any act and such consent is not given,Tenant's only right is to ask the Court to force Landlord to give consent. Tenant agrees not to make any claim against Landlord for money or substract any sum from the rent because such consent was not given. 14. Assignment,sublet Tenant may not sublet all or part of the Premises,or assign this Lease or permit any other person to use the Premises. 15. Landlord may enter,keys,signs Landlord may at reasonable times, enter the Premises to examine, to make repairs or alterations, and to show it to possible buyers, lenders or tenants. Tenant must give to Landlord keys to all locks. Locks may not be changed or additional locks installed without Landlord's consent. Doors must be locked at all times. Windows must be locked when Tenant is out. Landlord may place the usual"For Rent"or"For Sale"signs upon the premises. 16. Subordination This Lease and Tenant's rights are subject and subordinate to all present and future(a) leases for the Premises or the land on which it stands, (b)mortgages on the leases or on the Premises or on the land,(c)agreements securing money paid or to be paid by the lender, under mortgages, and (d) terms, conditions, renewals, changes of any kind in and extensions of the mortgages or leases or Lender agreements. Tenant must promptly execute any certificate(s) that Landlord requests to show that this Lease is subject and subordinate. 17. Condemnation If all of the Premises is taken or condemned by a legal authority, the Term, and Tenant's rights shall end as of the date the authority takes title to the Premises. If any part of the Premises is taken, Landlord may cancel this Lease on notice to Tenant setting "forth a cancellation date not less than 30 days from the date of the notice. If the Lease is cancelled,Tenant must deliver the Premises to Landlord on the cancellation date together with all rent due to that date. The entire award for any taking belongs to Landlord. Tenant gives Landlord any interest Tenant might have to any part of the award and shall make no claim for the value of the remaining part of the Term. 18. Compliance with authorities Tenant must, at Tenant's cost, promptly comply with all laws, orders, rules and directions of all governmental authorities, property owners associations, insurance carriers or Board of Fire Underwriters or similar group. Tenant may not do anything which may increase Landlord's insurance premiums. If Tenant does Tenant must pay the increase as added rent. 19. Tenant's defaults and Landlord's remedies A. Landlord may give 5 days written notice to Tenant to correct any of the following defaults: 1. Failure to pay rent or added rent on time. 2. Improper assignment of the Lease, improper subletting all or part of the Premises, or allowing another to use the Premises. 3. Improper conduct by Tenant or other occupant of the Premises. 4. Failure to fully perfoirm any other term in the Lease. B. If Tenant fails to correct the defaults in section A within the 5 days, Landlord may cancel the Lease by giving Tenant a written 3-day notice stating the date the Term will end. On that date,the Term and Tenant's rights in this Lease automatically end and Tenant must leave the Premises and give Landlord the keys. Tenant continues to be responsible for rent, expenses, damages and losses. C. If the lease is cancelled, or.rent or added rent is not paid on time, or Tenant vacates the Premises, Landlord may in addition to other remedies take any of the following steps: 1. Enter the Premises and remove Tenant and any person or property; 2. Use dispossess,eviction or other lawsuit method to take back the Premises. D. If the Lease is ended or Landlord takes back the Premises, rent and added rent for the unexpired Term becomes due and payable. Landlord may re-rent the Premises and anything in it for any term. Landlord may re-rent for a lower rent and give allowances to the new tenant. Tenant shall be responsible for Landlord's cost of re-renting. landlord's cost shall include the cost of repairs, decorations,broker's fees,attorney's fees,advertising and preparation for renting. Tenant shall continue to be responsible for rent, expenses, damages and losses. Any rent received from the re-renting shall be applied to the reduction of money Tenant owes. Tenant waives all rights to return to the Premises after possession is given to the Landlord by a Court. 20. Bankruptcy If(1) Tenant assigns property for the benefit of creditors, (2) Tenant files a vountary petition or an involuntary petition is filed against Tenant under any bankruptcy or insolvency law, or(3) a trustee or receiver of Tenant or Tenant's property is appointed, Landlord may give Tenant 30 days notice of cancellation of the Term of this Lease. If any of the above is not fully dismissed within the 30 days, the Term shall end as of the date stated in the notice. Tenant must continue to pay rent, damages, losses and expenses without offset. 21. Correcting tenant's default If Tenant fails to correct a default after notice from Landlord, Landlord may correct it for Tenant at Tenant's expense. The sum Tenant must repay to Landlord will be added rent. 22. Waiver of jury,counterclaim,set off Landlord and Tenant waive trial by a jury in any matter which comes up between the parties under or because of this Lease (except for a personal injury or property damage claim). In a proceeding to get possession of the Premises, Tenant shall not have the right to make a counterclaim or set off. 23. Written instructions Landlord has given or may give written instructions about the care and use of the appliances, equipment and other personal property on the Premises. Tenant must obey the instruct ions. 24. Illegality If any part of this Lease is not legal,the rest of t he Lease will be unaffected. 25. No waiver Landlord's failure to enforce any terms of this Lease shall not prevent Landlord from enforcing such terms at a later time. 26. Quiet enjoyment Landlord agrees that if Tenant pays the rent and is not in default under this Lease, Tenant may peaceably and quietly have, hold and enjoy the Premises of the term of this Lease. 27. Successors This Lease is binding on all parties who lawfully succeed to the rights or take the place of the Landlord or Tenant. Photos of Edwin Pisani Garage/Proposed Accessory Apartment Taken June 25th 2023 RECEIVED JUL 19 2023 peals 9 .• f r r _-h 1 6 Rr _ JAL- JF s�$ s 4 +� at S ��M���IMM �IIMIIIIIMIIII�.�- . Mrl rirriiM` �r! +'• ..�' �,�� .7, � '�' SIR` ..J�:• RECEIVED A JUL 19 2023 onin �83�( SE 9 Board of APPeals P -t, Ana y g y�t�a � ♦ t x / f 4 BOARD MEMBERSSouthold Town Hall Leslie Kanes Weisman,Chairperson SOF SOUj�, 53095 Main Road-P.O.Box 1179 � O P. Southold,NY 11971-0959 James Dinizio,Jr. Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Horning �0 i� 54375 Main Road(at Youngs Avenue) Ken Schneider �'�CQQS� Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS RECE9dE 11 ,31TOWN OF SOUTHOLD Tel.(631)765-1809 i Fax(631)765-9064 �� 2 5 2011 FINDINGS,DELIBERATIONS AND DETERMINATION �� MEETING OF JULY 21,2011 south®l To 7�' iDi ZBA FILE: 6482 NAME OF APPLICANT: EDWIN J.PISANI SCTM#1000-126-11-9.1 JUL 1920 PROPERTY LOCATION: 7180 Peconic Bay Blvd.,(adj.to Great Peconic Bay)Laurel,NY. Zoning BoSEORA DETERMINATION: The Zoning Board of Appeals has visited the property under considera to application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated June 14, 2011 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP: This application was referred for reviewed under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued his reply dated June'29, 2011, based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is ourW recommendation that the proposed action is CONSISTENT with LRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: Subject property contains 37,612 sq. ft. and is improved with a single family dwelling and accessory garage. It has 125.21 feet of frontage on Great Peconic Boulevard, 345.76 feet along the eastern property line, 121.73 feet on the Great Peconic Bay and 344.32 feet along the western property line as shown on the site plan dated May 17,2011 prepared by Mark Schwartz,AIA. BASIS OF APPLICATION: Request for Variance from Code Article XXII Section 280-116B and the Building Inspector's May 31, 2011 Notice of Disapproval based on an application for building permit for additions and alterations to an existing dwelling at: 1)less than the code required setback of 75 feet from a bulkhead. RELIEF REQUESTED: The applicant is proposing additions and alterations to the single family dwelling requiring a variance for 58.3 feet setback from the bulkhead, where the code requires 75 feet setback from a bulkhead. -- - FINDINGS OF FACT/REASONS FOR BOARD ACTION: - -The Zoning Board of Appeals held a public hearing on this application July 7,2011,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: Page 2—July 21,2011 JUL 1 9 2023 ZBA File#6482-Pisani CTM: 1000-126-11-9.1 ���� Zoning Board of Appeals 1. Town Law§267-b(3)(b)(D. Grant of the variance will not produce an undesirable change i of the neighborhood or a detriment to nearby properties. There are several homes in the neighborhood with similar non-conforming setbacks from the bulkhead; the existing setback of 58.3 feet from the bulkhead to the dwelling will be maintained; and the proposed additions and alterations will not be seen from the street or either side yard property line because of mature evergreen screening on the subject property. 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue,_other than an area variance. The pre-existing location of the dwelling has a non- conforming setback from the bulkhead and therefore any additions or alterations to the waterside of the dwelling will require a variance. 3. Town Law 4267-b(3)(b)(3). The variance granted herein is mathematically substantial at 23% relief from the code. However, it is mitigated by the existence of similar setbacks from the bulkhead in the neighborhood and the fact that.the proposed additions/alterations to the second floor(noted at 58.3 feet from the bulkhead) are within the existing footprint of the dwelling. 4. Town Law 4267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. Per town code all storm-water runoff will be retained on site. 5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created. However, the dwelling has existed in its current location since prior to zoning. 6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of additions and alterations to the dwelling while.preserving and protecting the character of the neighborhood and the health,safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, motion was offered by Member Goehringer, seconded by Member Weisman (Chairperson),and duly carried,to GRANT, the variance as applied for,and shown on the site plan and architectural drawings sheets A-1 through A- 6,dated May 17,2011 prepared by Mark Schwartz,AIA. Any deviation from the survey,site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit,and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance given such as extensions,or demolitions which are not shown on the applicant's diagrams or survey site maps,are not authorized under this application when involving 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. 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. Vote of the Board: Ayes:Members Weisman(Chairperson),Horning, Goehringer, Dinizio,Schneider. This Resolution was duly adopted 5-0). /rInta Leslie Kanes Weisman,Chairperson Approved for filing /�2 /2011 APPEALS BOARD MEMBERS �SsafF01.t pG Southold Town Hall Gerard P. Goehringer,Chairman c� y�c 53095 Main Road James Dinizio,Jr. y at P.O.Box 1179 Lydia A.Tortora • Southold, New York 11971 Lora S. Collins ZBA Fax(631)765-9064 George Horning �l Telephone(631)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Roard of AECEIVE® FINDINGS, DELIBERATIONS AND DETERMINATION JUL 19 2023 B MEETING OF AUGUST 10, 2000 � 8-3q S 6' Zoning Appl. No.4840-EDWIN AND MARGARET PISANI Ppeals STREET&LOCATION: 7180 Peconic Bay Boulevard, Laurel CTM#1000-126-11-9.1 DATE OF PUBLIC HEARING: August 10, 2000 FINDINGS OF FACT PROPERTY FACTS: Applicants'property is a parcel of 37,576 sq. ft. lying between the south side of Peconic Bay Boulevard and Peconic Bay in Laurel. A survey by Roderick Van Tuyl, dated April 11, 1995, shows a bulkhead along Peconic Bay and two inner bulkheads, and a house located at an angle of about 45 degrees to the bulkheads. At the closest point(the southeast comer) the house appears to be about 57 feet from the outer bulkhead. BASIS FOR APPEAL: Building Inspector's Notice of Disapproval, dated May 31, 2000, denying a permit to build a deck 40 feet wide and 12 feet deep along the south side of the house facing the water, because it would be within 75 feet of the bulkhead in violation of Code section 100-239.4. RELIEF REQUESTED: Applicants request authorization of the location of a 40 x 12 ft. deck requested in the building permit application. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) The location of-the existing house is such that nothing can be'added on the south side, facing the water,without a variance authorizing a structure within 75 feet of the bulkhead on the Bay. - - -(2)-Applicants have no deck of any sorton the waterfront side of the house. The proposed deck is modest in scale and will not interfere with any neighbor's enjoyment of the view. Grant of the requested variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. (3) There is no evidence that grant of the requested variance will have an adverse effect or impact on physical or environmental conditions. Page 2-August 10,2000 Appl. No.4840-E.and M.Pisani 1000-126-11-9.1 at Laurel RECEIVED JUL 19 2023 Zoning go rd V ppeals (4)The action set forth below is the minimum necessary and adequate to enable applicant-to build a deck facing the water while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Member Collins, seconded by Chairman Goehringer, it was RESOLVED, to GRANT a variance authorizing construction of a deck 40 feet wide, attached to the south side of applicants house and extending no more than 12 feet from the wall of the house, subject to the following CONDITIONS: (1)Any steps from the deck to the ground shall be within the 12-foot limit set forth above. (2)The deck shall be at all times open to the sky. (3) As a condition for issuance of a Certificate of Occupancy for the completed deck, applicant shall furnish to the Board, in writing, a survey map or surveyor's measurement of the distance between the deck and the outer bulkhead at the closest point, measured along a line drawn perpendicular to the bulkhead. Such measurement shall be made a permanent part of the record of this variance. VOTE OF THE BOARD: AYES: Goehringer, Tortora, Homing, Collins. (Member Dinizio was absent due to illness.) This Resolution was duly ADOPTED(4-0). GERARD P.GOEHRI ER,CH MAN Approved for Filing LETTER IN SUPPORT RECEIVEDJUL 1 92023 Town of Southold Zoning Board of Appeals Zoning Board of►�S ea PO Box 1179 Appeals Southold,NY 11971-0959 Attn:Kim Fuentes kimf(cr�,southoldtow=.aov Attn: Donna Westermann donnawgsoutholdtownnygov Re: Special Exception Application of Edwin Pisani 7180 Peconic Bay Blvd,Laurel SCTM#1000-126.-11-9.1 To the Members of the Zoning Board of Appeals: We reside next door to the Pisani property. We are aware of their request for a special exception to convert their existing garage into an accessory apartment for a family member. We believe that the granting of this special exception will not result in any adverse impact on our neighborhood and support the ZBA's granting of a special exception. By: Brittny Knight Address:7080 Peconic Bay Blvd., Laurel NY 11948 By: Address: - _ r 1 TOWN OP UTHOLD PROPERTY 'RECORD -BARD OWNER STREET O VILLAGE DIST. SUB. LOT a LU cm N Q FORMER OWNER N E ACR. Ld ,� (�� w c o-�''�' w rJ S W TYPE OF BUILDING oil Fj r t`�j -t. D.c r� �,�� ,. 2 l d SEAS. VL. FARtY COMM. CB. MISC. Mkt. Value N LAND IMP. TOTAL DATE REMARKS yaoo �� /2 ©6 ��� S- L )r7a:3 aC1 roc! n; cv�. - 5�y r DD i-, r AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE 'RM Acre Value Per Value Acre tillable 1 Tillable 2 -illable 3 Voodland swampland FRONTAGE ON WATER ,rushland FRONTAGE ON ROAD iouse Plot DEPTH BULKHEAD h-li r. oto I� DOCK mom ' 7 • ■■■■■■■ ■MMM■■EMS MEN ONE ■■■■■■■■■ MEN -. ' ■■■■■I■ ■I■■■■■■■■■■■■■■■■■■ _._...,__ ■■■■■■■ ■I■■mom■■■■■■■■■■HEM ■■■■■■■ ■■■■■■ ■■■■■ ■■■■■■■� 1■!1■■■��■■�i■■■■■■■■ ■■■■■■rsAffi■i■■■■■ ■►.■■Mw■�■ 11 MENFoundation .. Basement a Ext. Walls Interior Finis �■ �■■�■�Fire Place . Rooms Ist FI cam■ • i Total •! — �.;... E. - VILLAGE DIST. SUB. LOT � OWNERS; ° STREET E ACR.I ER O ER N TYPE OF BUILDING RES, SEAS. VL FARM COMM. CB. MISC. Mkt, Value LAND IMP. TOTAL DATE REMARKS 0 40 a N Q W N +- w va w =gym AGE S BUILDING CONDITION "IEW N BELOW ABOVE .BAR Acre Value Per Value Acre Tillable 1 Tillable 2 i Tillable 3 Woodland FRONTAGE ON WATER Z v Swampland Brushland FRONTAGE ON ROAD r; DEPTH House Plot BULKHEAD norK — _ 1 ...�'��A■viii®��i�ii����..... ONE ME MEN NOW MEN ONOMEN , . .... Basement Interior Finish r • �� IFire Place Type Roof • �� / A • �. I i i _ r r 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® i J U! 2 4 2023 Southold Town Clerk wn of Southold " P.O 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 f908b2O3-bd63-423e-aO24-2db22f103ecd kimf@southoldtownny.gov ( J AFFIDAVIT OF PUBLICATION The Suffolk Times LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, OCTOBER 5,2023 at 10:00 AM PUBLIC HEARINGS NOTICE IS HEREBY GIVEN,pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning),Town of Southold,the following"IN PERSON" public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold,New York 11971-0959, on THURSDAY,OCTOBER 5, 2023: The public may ALSO have access to view, listen and make comment during the PUBLIC HEARING as it is happening via ZOOM WEBINAR. Details about how to tune in and make comments during the PUBLIC HEARING are on the Town's website agenda for this meeting which may be viewed at http://southoldtownny.gov/agendacenter. Additionally,there will be a link to the Zoom Webinar meeting at http://southoldtownny.gov/calendar.aspx. 10:00 A.M.-WALTER GLESS#7826- Request for Variances from Article XXIII,Section 280-124;and the Building Inspector's June 28, 2023 Notice of Disapproval based on an application for a permit to legalize the"as built" demolition of an existing residence (as per Town Code definition) and to reconstruct a single family dwelling; at 1) less than the code required minimum rear yard setback of 35 feet; located at 800 Koke Drive, (adj. to Corey Creek)Southold, NY.SCTM No. 1000-87-5-7. 10:10 A.M.—QJSG PROPERTIES, LLC#7827-Request for Variances from Article III,Section 280-13C; Article III,'Section 280-15;Article XXII, Section 280-105D(4);and the Building Inspector's May 9,2023,Amended July 28, 2023 Notice of Disapproval based on an application for a permit to install additional deer fencing and to construct an accessory potting shed, a chicken run with coop,a goat barn,an accessory artist studio structure, barn, and two(2) hoop houses,and to legalize an "as built" accessory pergola, a greenhouse and two (2)sheds on rural residential property; at 1)the proposed artist studio use in the accessory building is not a permitted accessory use; 2)seven (7) proposed accessory structures located in other than the code permitted rear yard; 3)four(4) "as built" accessory structures located in other than the code permitted rear yard;4) deer fencing located in the non-permitted front yard or primary front yard;located at: 38015 NYS Route 25,Orient, NY.SCTM No. 1000-15-2-15.7. 10:20 A.M.-JOSEPH C. MCCORMACK,JR.#7828.- Request for Variances from Article XXIII,Section 280- 124, and the Building Inspector's June 28, 2023 Notice of Disapproval based on an application for a permit to demolish (as per Town Code definition) and reconstruct a single family SOUTHOLD TOWN BD OF APPLS 2 f908b203-bd63-423e-a024-2db22f103ecd I(imf@southoIdtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times dwelling; at 1) less than the code required minimum primary front yard setback of 35 feet;2) less than the code required minimum rear yard i setback of 35 feet; located at: 2670 Stillwater Avenue, Cutchogue, NY.SCTM No. 1000-136-2-17.1. 10:30 A.M. - PATRICK MCELROY#7830-Request for Variances from Article XXIII,Section 280-124;Article XXXVI,Section 280-207A(1)(b);and the Building Inspector's May 25, 2023 Notice of Disapproval based on an application for a permit to demolish (as per Town Code definition) and reconstruct a single family dwelling; at 1)located less than the code required minimum primary front yard setback,of 35 feet;2) located less than the code required minimum side yard setback of 10 feet; 3) more than the code permitted maximum lot coverage of 20%; 4)gross floor area exceeding permitted maximum square footage for lot containing up to 20,000 square feet in area; located at:440 Third Street, New Suffolk, NY. SCTM No. 1000-117-9-20. 10:40 A.M.- MICHAEL AND NICHOLAS GIACONE#7829-Request for a Variance from Article XXIII, Section 280-123, and the Building Inspector's May 3,2023 Notice of Disapproval based on an application for a permit to legalize "as built"front porch and rear deck attached to an existing seasonal dwelling; at 1) a nonconforming building containing a nonconforming use shall not be enlarged, reconstructed,structurally altered or moved, unless such building is changed to a conforming use; located at: 270 Park Avenue Ext., (Adj.to Deep Hole Creek) Mattituck, NY.SCTM No. 1000-123-8-27. 10:50 A.M.-TRACY AND ALEXANDER SUTTON #7831-Request for a Variance from Article III,Section 280-14 and the Building Inspector's June 28, 2023 Notice of Disapproval based on an application for a permit to legalize "as built" alterations to convert to habitable space in the attic (third floor)of a single family dwelling,and to rescind a condition of a permitted Special Exception; at 1) as per condition#4 stipulated in Special Exception file#7527SE,dated September 16, 2021 which states the third floor attic shall not be used as living space by owner nor by the Bed and Breakfast guests and is to remain unheated and unconditioned for storage use,only; located at 25500 Main Road, Orient, NY.SCTM No.1000-18- 6-10. 11:00 A.M. - ROBERTS. MARTIN#7833-Request for a Variance from Article III, Section 280-15,and the Building Inspector's May 23, 2023 Notice of Disapproval based on an application for a permit to construct an accessory pool pavilion; at 1) located in other than the code permitted rear yard; located at: 1600 Little Neck Road,Cutchogue, NY. SCTM No. 1000-103-4-13. 11:10 A.M.-KATHLEEN WALAS AND THOMAS SARAKATSANNIS#7835-Request Variances from Article XXIII,Section 280-124;Article XXXVI, Section 280-208A, and the Building Inspector's May 25, 2023,Amended July 7, 2023 Notice of Disapproval based on an application for a permit to demolish (as per Town Code definition) and reconstruct a single family dwelling with swimming pool addition; at 1) located less than the code required minimum front yard property line setback of 40 feet; 2) located less than the code required minimum side yard property line setback of SOUTHOLD TOWN BD OF APPLS 3 f908b203-bd63-423e-aO24-2db22f103ecd kimf@southoldtownny.go AFFIDAVIT OF PUBLICATION ),) The Suffolk Times ON 15 feet; 3)the construction exceeds the permitted sky plane as defined in Article XXXVI,Section 280-4 of the Town Code; located at:750 Brooks Road (adj.to Pipes Neck Creek,Greenport, NY.SCTM No. 1000-53-1-16. 1:00 P.M.-CHARLES DISAPIO AND XANNE PEREZ#7832-Request for a Variance from Article III,Section 280-13C,and the Building Inspector's July 13, 2023 Notice of Disapproval based on an application for a permit to legalize an "as-built" artist studio with a half bathroom in an existing accessory garage; at 1)the proposed use in the accessory building is not a permitted accessory use; located at: 5780 New Suffolk Avenue, (adj. to Deep Hole Creek) Mattituck, NY.SCTM No. 1000-115-10-7. 1:10 P.M.—EDWIN J. PISANI#78345E-Applicant requests a Special Exception under Article III,Section 280-13C(13). The Applicant is owner of the subject property requesting authorization to establish an Accessory Apartment in an existing accessory structure;at:7180 Peconic Bay Boulevard, (adj.to Great Peconic Bay) Laurel, NY. SCTM#1000-126-11-9.1. 1:20 P.M.—WILLIAM AND STACEY BRENNEN#7837-Request for Variances from Article XXIII,Section 280-124;Article XXXVI,and the Building Inspector's July 24,2023 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling; at 1) located less than the code required minimum side yard setback of 15 feet; 2) located less than the code required minimum combined side yard setback of 25 feet; located at: 1050 Trumans Path (Adj.to Marion Lake), East Marion, NY. SCTM No. 1000-31-12-5.1. 1:30 P.M.—NORTH FORK PROJECT 2, LLC.& NORTH FORK PROJECT 3, LLC.#7836-Request for Variances from Article III,Section 280-14 and Article III, Section 280-15;and the Building Inspector's June 20,2023 Notice of Disapproval based on an application to create a two lot subdivision; at 1) proposed Lot 1 is less the code required minimum lot size of 80,000 square feet; 2) proposed Lot 1 is less than the required lot depth of 250 feet; 3)a Greenhouse located on proposed Lot 2 is less than the minimum required side yard setback of 20 feet; located at 10020 Sound Avenue and 9650 Sound Avenue, Mattituck, NY. SCTM No. 1000-122-2-8.1 and 1000-122-2-24.4. 1:40 P.M.-CHRIS AND MARISA LAZOS#7809—(Adj.from Sept.7, 2023) Request for Variances from Article IV,Section 280-18;Article XXIII, Section 280-124;Article XXXVI,Section 280-207A(1)(b);and the Building Inspector's March 10, 2023 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling; at-1) exceeding the maximum permitted two and one half(2 1/2)stories; 2)gross floor area exceeding permitted maximum sq.footage for lot containing up to 20,000 square feet(buildable)in area; 3) more than the code permitted maximum lot coverage of 20%; located at: 1200 Leeton Drive, Southold, NY.SCTM No.59-1-1. 2:00 P.M.- BUDD'S POND MARINA, INC.,AKA ALBERTSONS MARINA,WIRELESS CELL TOWER#7839: Request for Variances from Article XIII, Section 280-53; and the Building 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-a024-2db22f103ecd 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 Town's Weblink/Laserfiche under Zoning Board of Appeals(ZBA)\Board Actions\Pending. Click Link: http://24.38.28.228:2040/webli nk/Browse.aspx?dbid=0. If you have questions, please telephone our office at(631)765-1809, or by email: kimf@southoldtownny.gov. Dated: September 21, 2023 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) P.O. Box 1179,Southold, NY 11971-0959 SOUTHOLD TOWN BD OF APPLS 5 f908b203-bd63-423e-a024-2db22f103ecd kimf@southoldtownny.gov I. AFFIDAVIT OF PUBLICATION The Suffolk Times State of New York, County of,Suffolk, • The undersigned is the authorized designee of The Suffolk Times,a Weekly Newspaper published in Suffolk County, New York. I certify that the public notice, a printed copy of which is attached hereto, was printed and published in this newspaper on the following dates: September 28,2023 This newspaper has been designated by the County Clerk of Suffolk County,as a newspaper of record in this county,and as such, is eligible to publish such notices. Signature Christina Henke Rea Printed Name Subscribed and sworn to before me, This 29 day of September 2023 ota y Sign ure �® STATE"' OF NEW YORK ' NOTARY PUBLIC G V_131NN n, < Notary Public Stamp r SS 'yd ION °jad°raaaaa saulaa��, SOUTHOLD TOWN BD OF APPLS I BOARD MEMBERS �FSOU Southold Town Hall Leslie Kanes Weisman, Chairperson �� riy� 53095 Main Road-P.O. Box 1179 Patricia Acampora ti0 �p Southold,NY 11971-0959 Eric Dantes #[ Office Location: Robert Lehnert, Jr. N Town Annex/First Floor Nicholas Planamento �l� 54375 Main Road(at Youngs Avenue) COO ,\, Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, OCTOBER 5, 2023 at 10:00 AM PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY. OCTOBER 5, 2023: 1:10 P.M. — EDWIN J. PISANI #7834SE -Applicant requests a Special Exception under Article III, Section 280-13B(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, Laurel, NY. SCTM#1000-126-11-9.1. The Board of Appeals will hear all persons or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review on The Town's Weblink/Laserfiche under Zoning Board of Appeals(ZBA)\Board Actions\Pending. Link: http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. If you have questions, please telephone our office at(631)765-1809, or by email: kimf@southoidtownny.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 ®��SVFFQ��(►Ir a�y Town Hall Annex, 54375 NYS Route 25 Cz Cz P.O.Box 1179 cola Southold,New York 11971-0959 ®� Fax(631) 765-9064 Sv 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 ZBI ptiblsic hearingwluch'includes PLEASE READ CARE�FU�LLY. 1. Yellow sign to post on your property a minimum of seven(7) days prior to your hearing, to be placed not more than 10 feet from the front property line (within your property) bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both street frontages. Posting should be done no later than September 28, 2023. To avoid weather damage to your sign please affix it to a sturdy surface such as plywood. If your sign is damaged please call the office and we will provide you with another one. Prior to your public hearing, members of the Board of Appeals will each conduct a personal inspection of your property.If a Board member reports that there is no signage visibly on display as required by law,your scheduled hearing will be adjourned to a later date to ensure compliance with Chapter 55-1 (B) 1 of the Town Code. 2. SC Tax Map with property numbers. 3. Legal Notice of in person meeting,as well as video conferencing. Instructions for participation will follow, and will be posted on the Town's Website under the meeting date, and the Legal Notice section of Suffolk Times Newspaper. 4. Affidavits of Mailings and Posting to be completed by you, notarized, and returned to our office along with the mailing receipts and green cards by September 28,2023, verifying that you have properly mailed and posted. Please attach a photograph of the posting on your Property with your affidavit of posting. 5. Instructions for Laserfiche/Weblink to view application. J Instructions for ZBA Public Hearns Page 2 MAILING INSTRUCTIONS: Please send by SPS Certified Mail Return —R—ec—ei-1pi 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@southoldtownu. ov or elizabeth.sakarello s gtown.southold.ny.us c. Instructions for Laserfiche/Weblink to view all pending applications. (Enclosed) Link to view pending applications: http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. d. Survey or Site Plan depicting "as-built" and proposed improvements requiring ZBA relief. The Town's Laserfiche/Weblink files provides both location addresses and mailing addresses in their current Assessment Roll listing. (See Link Below). Also,the Town Assessor's Office can be reached at 631-765-1937. Contact us via email or by phone if you need further assistance. TownOfSouthold>Assessors>Assessment Books/Tax Rolls hops://southoldtomM.gov/DocumentCenterNiew/9694/TentativeRoll2023 IMPORTANT.INSTRUCTIONS: Scan and#email the USPS mailing receipts, green sgnatu-re cards,.and_affidavits, to kimf(a outholdtownnyov, and:**PROMPTLY USPS,lYIAIL**the ORIGINALS to -. the'Town of SouthoId-'-ZBA-.--R40.:Bog 1179, Southold aNY 11971 - Please note that without your mailing receipts, the ZBA will be prevented from conducting your hearing,pursuant to Chapter 55 of the Southold Town Code and New York State Law. Please note that you or your representative are required to attend. If you or your representative are not present, the hearing will be adjourned to the next available hearing date. Please be reminded that New York State Law requires the ZBA to follow the above specific policies. If for any reason,you are unable to prepare for your public hearing as instructed, please let us know. Kim E. Fuentes—Board Assistant ! i Laserfiche Instructions 40�1 for Zoning Board of Appeals Records ts ro t1L>rtertixttenf "CLTliCL`i 4isftin. EitswDvl.. r y,. 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Click the Zoning Board of Appeals (ZBA)folder/link. v LaserFiche Instructions ZBA Files XX� rJ" Page 2 �v Laserliche WebLink My,veounk: Hea 1 ACL t Sign out Home Browse Search fomOiSouthold>Zoning Board of Appeals(ZBA) Zoning Board of Appeals Name Page count ? (ZBA) Alphabetical Index ' R Entry Properties _ .�Board Actions n'7 Laserf'w_Search Guides Path !Meeting Schedules OA C3, ..car of Appeals(ZBA) ,Mmutes+AgendaVi-egal Notices/Heanngs Creation date u:.l Pending 7n 01'200:12:57:1G PM . C.1 ReppTS Last modified .. . Sr12017 1%07:1»AM uyt Special Event Permits L,j Traincig Requiremenm ZBA DYcials 2 Metddata ZBA policies w wuidatsasrv7 d Lj ExcectionSVrt Code 280-10L3) ,I Jur!sd!cdan Elating t ZBA Back of Mapped 1977 E—tng Lots 189 —duce&R—fts ' �.:,lheehh/PW'nnear>'t+s72 'Y,,'Bulk Schedules 5 Agreements,Can tracts&Leases Page I of 1 1e Entries Above: Listed are types of records under ZBA Folder. ZBA Decisions can be found under Board Actions. Click on "Board Actions"folder to open. Laser-fiche WebLink My.veoLink!M:p'abcn S,+,na[ Home Brciwse Search To—OP;outho'^. Board ACtions Board Actions Name Page count --Template name '957-1979 Entry Properties '.980-1999 Path 2000 To,-OfSouti:ollr'.Z�!a-:g B^rrd or Appe:11,28A;\FW- N..:iLY6 2001 Creation date 2n 2002 n 16!::101 12,2':5S FM .M 2003 Last modified - 206[ 32Sr20;711:36:e7A-k! 2005 2 Metadata ..o.retadata a<�,j:.e7 2007 2008 J 20179 &Rewlts -d 2050 drNtap•smevgkz-2, :n 2051 _f:012 2013 2016 rj 2015 tj 2016 .:.t 2017 a Pending �.. ........ .... ...... .... ... ..... ....,....... ......... ... ..... ........ .. ........... ._.......... .... .... _. .. ... ...._...... rrheaakme 'he+Rh/FVrmevaVses2 Above: Board Actions are listed by year. Click folder to open. All Special Exception applications that require Coordinated SEQRA Analysis are stored in "Pending". Laserfiche Instructions ZBA Files Page 3 T.w�fSauhud ZmlM1 ad 0 -201) 7, 2017 saes x, Board Xnona Pdth 6951 •3 AM ANOrr A.— date d A.- 11: A, _.Pdffied ..'o AM— M!5 17 —Ad sII .—d—PAy d AMPA, i.7 50 d A.— d A.- 71 75 ..,d Acnom d r]ro9s 2+e 9.AM.. nu, 2A e—dAmore 3 BoardAM A_ Above: See listed File Numbers. Click on file you are searching. cashel Above: In addition searching by file no.You can also use the above search tool by typing the name Or title of the applicant. Laserfiche Web Link Home Browse Search C.9.mSearch soitresU115 by: Relevance Records MtqPt arch 7016 t;da name Board Actions 83 pages) Ch—held PageCount:83 Template name:Board Actions 'Reset -age 3.-:Colin and KstCashel PROPERTY LOCATION:162 LShingle Hill.Rsne'... Page 4-19,2017--7016.Cashel SRM No.1000-9.1-26 minimus approval to remo— ffir"M Page 5...y 19.2017 97016,Cashel SCTIVI No.1000-9.1-26 GRANT.the vartances as.- Page 9...COLIN&KRISTEN CASHEL SECTION 009 BLOC... Page 20 Thomas Ahlgren(Cashe().PO Box 342 Rshers island.14Y... Show more information... 7018 Board.Actions-56 pege(s) Page count;56 Template name:Board Actions Page AS.-9:30 A.,M,COUN CASHEL AND Vanances under AMCIQ Id.SUon ANN Page 48 ance(s)KRISTEN CASHEL97016-Request proposed trellis located in other tha Show more information... Above: Shows you files that can be found using a phrase, name or title. Or you can search by Tax Map No. (District, Block and Lot) using the format 1000-111.4-1. r Laserfiche Instructions ZBA Files Page 4 Laserfiche WebLink Ay Yw mG I Hep:Af m t 4 Home Browse Search Townofsouthold>Zoning Board of Appeals(Z8Ai>Min[Res/AgendaslLegal NoVCWHeaflngr Mintites/Agendas/Legal Name Page count Temptxename 'f,i - Notices/Hearings rn 1957-1979 2 Entry Properties Es7 19e0-7999 20002009 Path ;o•.vnc4SiHft?oid':Zarnng Board 2ofo RS AppNAS 0 2011 {ZtWwanuce,Ven r:VMicc+'TFleari;�w,; tO 2072 Creation date �n 2013 7/'072007 2.'57:;0 PM 'n 2014 Last modified 2015 11116T2v16 u:5::c'b7 1. M 2016 2 Metadata In 2017 No met_adata as;:gned Page 1 of 1 11 Eno .eo..4«. an eM-..o,.w nl.s n.x.v.,a,;•tw m+e t._.�-.,t. r,:..». Above:Also, Minutes,Agendas,and Hearing Transcripts can be viewed. Laserfiche WebLink • My webi:nA I+eiP About Home Browse Search TownOfSouthold>Zoning Board of Appeals(2BA) Minutes/Agendas/Legal Notices/Heanngs>2017 2017 Name Page count „Template name` ZBA-011052017 7 2 Entry Properties ZB.A-01:r5l2077 Agenda 4 Path ZBA-01105/201'Hearing 40 rownOi50u;hoIdlZOmng Board - of Appeals �•ZBA-01:05!2017 LN 3 (ZBA)\NlinuiesfAgendasrLegal j ZBA-011192017 2 No[ICe5!H eariog;s%2017 29A-07179!2017 Agenda - Creation date 1/,16/2016 2:15'14 Ph1 2BA-0270?/2017 7 Last modified -a ZBA-02702/2017 Agenda 4 6/19/2.0174:53:59 PM �ZB.A-02702/2017 Hearing 45 2 Metadata J Z3.A-02102.2017 LN 3 ZBA-0211612017 Agenda 3 No nletadata asslgned e'•ZBA-0211620175peoal 3 -edit.&Reni is ;ZBA-031022017 7 .mlhealdJpap-sme3r:Usez2i -..ZBA-03IO2.2017Agenda 4 I ZBA-0310212017 Headng 65 ZBA-0310212017 LN 3 2 Z3A 03%16/2017 Agenda 3 �2 ZBA-03116/2017 Speaal 3 _-ZBA-W062017 5 ZSA-04/052017 Agenda 4 ZBA-04!062017 Hearing 45 Above: Agendas, Minutes and Transcripts are in chronological order. The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold The application will ALSO be available VIA ZOOM WEBINAR - Follow link - httpo.//southoldtownny.gov/calen'dar.aspx NAME PISANI , EDWIN # 7834 SCT # : 1 000- 1 26- 1 1 -9 . 1 �,'ARIANCE : SPECIAL EXCEPTION f ;EQUEST: ACCESSORY APARTMENT IN AN ACCESSORY BUILDING E ATE THURS. , OCTOBER 5, 2023 1 : 1 0 AM You may review the file(s) on the town's website under Town Records/Weblink: ZBAI Board Actions/ Pending. ZBA Office telephone (631 ) 765-1809 LETTER IN SUPPORT Town of Southold Zoning Board of Appeals PO Box 1179 Southold,NY 11971-0959 Attn: Kim Fuentes kimf@southoldtownny.gov Attn: Donna Westermann donnaw@southoldtownny.gov Re: Special Exception Application of Edwin Pisani 7180 Peconic Bay Blvd,Laurel RECEIVED SCTM#1000-126.-11-9.1 SEP 1:8.2023 To the Members of the Zoning Board of Appeals: Zoning Board of Appeals We reside next door to the Pisani property. We are aware of their request for a special exception to convert their existing garage into an accessory apartment for a family member. We believe that the granting of this special exception will not result in any adverse impact on our neighborhood and support the ZBA's granting of a special exception. N2���VAL By: Brittny Knight Address:7080 Peconic Bay Blvd., Laurel NY 11948 By: Address: LETTER IN kPPORT Town of Southold Zoning Board of Appeals PO Box 1179 Southold, NY 11971-0959 Attn: Kim Fuentes l-ianf�ri'sr)utholdtownn`.(,c)v Attn: Donna Westennann donnaw ti?soiitholdtownn v.ao_v Re: Special Exception Application of Edwin Pisani 7180 Peconic Bay Blvd, Laurel SCTM#1000-126.-11-9..1 Zme :( To the Members of the 'Zoning Board of Appeals: 023 Zoni We reside next door to the Pisani property. We are aware of their e uesfiAPPeals exception to convert their existing garage into an accessory apartment for a family We believe that the granting of this special exception will not result in:any adverse impact on our neighborhood and support the ZBA's granting of a special exception. By: �Cc�"r Address. _l L✓�-v��� 1Auy tCa�tss G '� By: )) Address': 7,�,9 U Pere t K J 119 ` a TOWN OF SOUTHOLI) ;1 -� d� ( ZONING BOARD OF APPEALS Appeal No. SOUTHOLD, NEW YORK. AFFIDAVIT- OF In the Matter of the Application of- MAILINGS EDWIN J. PISANI (Name of Applicant/Owner) 7180 PECONIC BAY BOULEVARD, LAUREL , SCTM No. 1.000- 126,00-11.00-009.001 (.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 attaolied Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll Verified from the official records on file with the (%�Assessors, or( ) County Real Property Office, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding th iplicant's roperty. (Signature) ------------- Sworn to before me this SCHWEITZER ANNALISE 15th da f SEPT M BER 2023 NOTARY PUBLIC-STATE OF NEW YORK y p NO.01SC6409457 QUALIFIED IN SUFFOLK COUNTY . i 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 the-o-wrier-names.and-addresses for,.which.notices.were.mailed......................__.....__.._........ ... .. . . ._..._.._.___,___.,. _.W...... ... All original USPS receipts and mailing confirmations to be submitted to the Z,BA Office along with this form completed, signed and notarized. i Postal IV RECEIPT /s Do�pestid Mail,Only to .LaO�'r„1 Y, NY 1194 .. ;, .,t ;'fL m _ ii� l q4 Port 'wQShinstan.p°T 11_ Certified Mail Fee { j Icy M $4.35 ! ^°t I Certified Mail Fee � $ - 75 I m $4.35 �` 095:52`"-" Extra Services&Fee S(check box,add fee Pat.) $ 1' y e. []Return Receipt(hardcopy) $ ,tzl� U U {C ! �//�, .--0 Extra Services&Fees(check box,add fee pprbESrete)f ❑Return Receipt(electronic) $ j l a{{({ � Postm�dlq?3 Q ❑Return Receipt(hardcopy) $ i I 1_i i I"1V r-' 1�C .�n 1 C, i Return Receipt electronic $ S 9 Q ❑Certifled Mall Restricted Delivery $Off- Here !f •� I1 ❑ P( ) �'i3-1_11I ,- Posturer r� Adult Signature Required $ /f } � ❑Certified Mall Restricted Delivery $ 'J t J ❑ g q r— , ' c: Her\ l Adult Signature Restricted Delivery$ sy fill ;,) []Adult Signature Required $ (, J to Postage g U fU ❑Adult Signature Restricted Delivery$ - z. f`r r) g -r.. 0 0 O $ $0.911 Ln Postage =?S 1: I - � Total Postage am �19/15/2 - '' I $ $`1:1.9[1 r% $ VaMes A. Hinsch i r-1 Total Postage and Fees 09/15/2023 C3 [%- To ' $ Paul R. HinscC3 h Street and Apt .lVt K Er Sent Eric 8v Brittny night 7290 Peconic Bay Boulevard oO s%:eai ___________ j `n - Er City,State,z�W Laurel, NY 11948 Ln _____ 217 Sands Point Road ------------ Er °ity' Sands Point, NY 11050 Postal .o in CERTIFIED MAILP RECEIPT M Domestic Mail Only 7 r`- . Ln Laurel g...NY=11948 . •Laur61 y..NY 1194; M Certified Mail Fee - CO `tlt-•'!�l w ti4.5 r >19�i� ti i i Certified Mall Fee CO $ r-c 7�L� i M X4.3` j 11451 Extra Services&Fees(check box,add fee �p)irp''ete) $ ° mom,t C3 El Return Receipt(hardcopy) $ . 1 1 I I I I ( r��jC L � Extra Services&Fees(check box,add fee alt r'to) j C 7•! ', ❑Return Receipt(electronic) $ $ I I I�_i I C- �ppgt i O ❑Return Receipt(hardcopy) $ �`tl„I-l,(I,L 4 U�jh j i.. M ❑Certified Mall Restricted Delivery $ ,F-4.ki 11 f. Here I' ❑Return Receipt(electronic) $ d:fit i ice+"T y i,::. POStrftark a" ) ❑Adult Signature Required $ S /? j i 0 E]Certified Mall Restricted Delivery $ a — Here ru E]Adult Signature Restricted Delivery$ c�',. C" E]Adult Signature Required $ ��`�i, Je. Postage '.'n 1..❑ Il, N ❑Adult Signature Restricted Delivery$ �"='°=r=� `�11E3 $ .911 w Postage r'1 Total Postage and Fees x'19/1.5/ 1.,!3 O $ $0.90 rl-- $ rl Total Postage and Fees 09/15/2023 I � C3 $ - r- v.t0 Sent To 0 $ rr James C. Walker i_____ Sent To ------- COStreetandA Q. ! Salvatore Antonucci 1 7075 Peconic Bay Boulevard CO Streefand': r ciy state-- ; 7025 Peconic Bay Boulevard Laurel, NY 11948 Er city StateI F------ ISIZZ NY 11948 { ir 'dPostal Service ® RECEIPT j m 1 V1 , CERTIFIED MAIVAECEIPT' I. Domestic mail CO Laurel s NY .119 4,.. ,:a �. w ? I I.rie9 •NY'11967 M I Certified Mail Fee �� i rti I Certified Mail Fee r CO $ 4.u:r /r 0195' ' $4. :t cc `'{'-\ LTi $ cr `� r Extra Services&Fees(checkbox,add fee s`8 M ate) 1� r 5"t j -0 Extra Services&Fees(checkbox,add fee's rr ate) s 4�r i C, ❑Return Receipt(hardcopy) $ i I f,I(I_I i O ❑Return Receipt(hardcopy) $ ?i I i_111 I 1 r- L� O ❑Return Receipt(electronic) $_ $0 0(�( ., poffifn//'7 j Q ❑Return Receipt(electronic) $ $0 I,f 13;.n /PO t�71 ❑Certified Mall Restricted Delivery $ $1 Iii 1 8rk7 ❑Certified Mall Restricted Delivery �•- �r 4 C $ 4,UaL r 1 He rij ❑Adult Signature Required $ _ Lu, Here " ❑Adult Signature Required ❑Adult Signature Restricted Delivery$ r,'>;l'\ IruAdult Signature Restricted Delivery V7 Postage �� r 7 0 i ❑Posta e a 'r C3 $ $0.90 g $1.1.90 r9 Total Postage ane- 17911 r 71_ 3 I •'-9 Total Postage and Fees (19/15/2023 C3 $ ?Ra es F. Druck III v $ $8.I0 Sent To Marguerite Druck Sent To - ----- - - �iFeefana epi.nit COstreets 27 Bay Ave LLC ter) 7125 Peconic Bay Boulevard PO Box 609 Er Ciry State,W:44Ir Laurel, NY 11948 ciiy,sti Shirley, NY 11967 MAILING LIST ZONING BOARD OF APPEALS SPECIAL EXCEPTION PUBLIC HEARING EDWIN 1. PISANI #7834SE 7180 PECONIC BAY BOULEVARD, LAUREL, NY 11948 SCTM #1000-126.00-11.00-009.001 126.-10-12.1 - 7185 Great Peconic Bay Boulevard 27 Bay Ave LLC PO Box 609 Shirley, NY 11967 126.-10-13 - 7125 Great Peconic Bay Boulevard James F. Druck III Marguerite Druck 7125 Peconic Bay Boulevard Laurel, NY 11948 126.-10-14 - 7075 Great Peconic Bay Boulevard James C. Walker 7075 Peconic Bay Boulevard i! Laurel, NY 11948 i 126.-10-15 - 7025 Great Peconic Bay Boulevard Salvatore Antonucci 7025 Peconic Bay Boulevard Laurel, NY 11948 126.-11-7. - 7080 Great Peconic Bay Boulevard Eric & Brittny Knight 217 Sands Point Road Sands Point, NY 11050 126.-11-10 - 7290 Great Peconic Bay Boulevard James A. Hinsch Paul R. Hinsch 7290 Peconic Bay Boulevard Laurel, NY 11948 I i I COMPLETE -7 SECTION ■ Complete items 1,2,and 3. A. S gna re n ! f� ❑Agent ■ Print your name and address on the reverse X V !' ❑Addressee i so that we can return the,card to you. B. Received by(Printed Name) a�_Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to; D. Is delivery address different from item 1 ❑Yes _ — - - If YES,enter delivery address below: 13No James A. Hinsch Paul R. Hinsch 7290 Peconic Bay Boulevard Laurel, NY 11948 �r 3. Service Type ❑Priority Mail Express® lii)illi)I'll lIIIlllll I IIII III I Illi III II III ill ❑Adult Signature ❑Registered Maillm I ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted }�Certitied Mail® Delivery ❑Certified Mail Restricted Delivery ❑Signature Confirm ationr"' 9590 9402 8241 3030 7846 66 ❑Collect on Delivery ❑Signature Confirmation ❑Collect on Delivery Restricted Delivery Restricted Delivery 2. Article Numbef.(T.ransfer.from service label). . j j f I I 1 iii i Mail Restricted Delivery- 9589' 4710 52`70` 10683i'837'5 '87 'eoo) Domestic Return Receipt j PS'Form 3811,July 2020 PSN 7530-02-000-9053 l • DELIVERY SENDER-. COMPLETE THIS SEC . A. Sig ture ■ Complete items 1,2,and 3. 0 Agent ■ Print your name and address on the reverse dressee so that we can return the card to you. g, Received by(Printed Name) C. Date of Delivery i ■ Attach this card to the back of the mol piece, or on the front if space permits. I [3 Yes 1. Artdcle Addressed to: _- _ _ _ _ D. Is delivery address different from item 1? _ _ if YES,enter delivery address below: ❑No James C. Walker 7075 Peconic Bay Boulevard _ I Laurel, NY 11948 �f _ - _—- ---------- 3. Service Type ❑priority Mail Express® i [3 Adult Signature ❑Registered MailTm lI 1111111 IIII iII I II I II I IIII 111 l 11 11 IIII 111 l!II ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted, JrCertlfied WHO Delivery ❑Certified Mail Restricted Delivery [I Signature Confirmatiaa " i 9590 9402 8241 3030 7846 97 ❑Collect on Delivery ❑Signature Confirmation ❑Collect on Delivery Restricted Delivery Restricted Delivery 2. Article Number(Transfer from service label) sured Mail serr$500 I Restricted Delivery � 9589 0710 5270 0683 8375 56 Domestic Return Receipt PS Form 3811,JUIy 2020 PSN 7530-02-000.9053 _ I t SENI sIER: COMPLETE THIS SECTION • • ON DELIVERY ■ Complete items 1,2,and 3. A. Sigur ' ■ Print your name and address on the reverse X 11 Agent so that we can return the card to you. 13 Addressee ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) CIT i or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes If YES,enter delivery address bel o ❑ No James F. Druck III `4 Marguerite Druck 7125 Peconic Bay Boulevard i Laurel, NY 11948 i — 3. Service Type ❑Priority Mail Express® II 111111 IIII III I it I II i IIII III I II I ill I I II I I III ❑Adult Signature El Registered MailTm Wdult Signature Restricted Delivery ❑Registered Mail Restricted Certified Mail® Delivery 9590 9402 8241 3030 7847 03 ❑Certified Mail Restricted Delivery ❑Signature Confirmation TM ❑Collect on Delivery ❑Signature Confirmation f 2. Article Number,(lransfer from service label) ❑Collect on Delivery Restricted Delivery Restricted Delivery 1 - l l 1from villi ,,i, t}9 su`red Mail Restric ed Delivery (9589 071D 527D D683 8375 er$500) PS-Fo—r_m__3B_f ,—July 2020 PSN 7530-02-000-9053 Domestic Return Receipt i it _ \ �1 1 V \t\t 1 1•,� ___ _ ______�- ' 10/6/23, 1:47 PM USPS.com®-USPS Tracking®Results USPS Tracking FAQs > Tracking Number: _ Remove X 9589071052700683837563 - � I�- Copy Add to Informed Delivery (https://informeddelivery.usps.com/) Latest Update We attempted to deliver your item at 10:57 am on September 30, 2023 in LAUREL, NY 11948 and a notice was left because an authorized recipient was not available. -n Get More Out of USPS Tracking: m CL USPS Tracking Plus® v Delivery Attempt Notice Left(No Authorized Recipient Available) C LAUREL, NY 11948 September 30, 2023, 10:57 am Reminder to Schedule Redelivery of your item September 23, 2023 In Transit to Next Facility September 22, 2023 Arrived at USPS Regional Origin Facility NEW YORK NY DISTRIBUTION CENTER September 21, 2023, 8:35 pm Notice Left(No Authorized Recipient Available) LAUREL, NY 11948 September 18, 2023, 11:42 am Departed USPS Regional Facility MID NY DISTRIBUTION CENTER https://tools.usps.com/go/TrackConfirmAction?tRef=fullpage&tLc=2&text28777=&tLabels=9589071052700683837563%2C 1/2 10/6/23, 1:47 PM USPS.com®-USPS Tr-7-""-g0 Results September 17, 2023, pm Arrived at USPS Regional Facility MID NY DISTRIBUTION CENTER September 15, 2023, 4:54 pm USPS in possession of item MATTITUCK, NY 11952 September 15, 2023, 11:05 am Hide Tracking History What Do USPS Tracking Statuses Mean? (https://faq.usps.com/s/article/Where-is-my-package) Text & Email Updates u USPS Tracking Plus@ u Product Information u See Less Track Another Package Enter tracking or barcode numbers Need More Help? Contact USPS Tracking support for further assistance. FAQs https://tools.usps.com/go/TrackConfirmAction?tRef=fulipage&tLc=2&text28777=&tLabels=9589071052700683837563%2C 2/2 10/6/23, 1:46 PM /r USPS.com@-USPS Tracking@ Results , USPS Tracking' FAQs > Tracking Number: Remove X c �J 9589071052700683837570 Copy Add to Informed Delivery(https://informeddelivery.usps.com/) Latest Update Your item departed our USPS facility in MID NY DISTRIBUTION CENTER on October 6, 2023 at 12:48 pm:The item is currently in transit to the destination. m Get More Out of USPS Tracking: m Q USPS Tracking Plus® v Moving Through Network Departed USPS Regional Facility MID NY DISTRIBUTION CENTER I October 6, 2023, 12:48 pm Arrived at USPS Regional Facility MID NY DISTRIBUTION CENTER October 6, 2023, 10:12 am Arrived at USPS Regional Facility NEW YORK NY DISTRIBUTION CENTER October 5, 2023, 5:35 pm Unclaimed/Being Returned to Sender PORT WASHINGTON, NY 11050 October 3, 2023, 9:01 am Reminder to Schedule Redelivery of your item September 23, 2023 I` Notice Left (No Authorized Recipient Available) https://tools.usps.com/go/TrackConfirmAction?tRef=fulipage&tLc=2&text28777=&tLabels=9589071052700683837570%2C&tABt=false 1/3 10/6/23, 1:46 PM USPS.com@-USPS Tr--'-'-gO Results PORT WASHINGTON, w T 11050 September 18, 2023, 11:21 am Departed USPS Regional Facility GARDEN CITY NY DISTRIBUTION CENTER ! September 17, 2023, 9:59 pm In Transit to Next Facility September 17, 2023 Arrived at USPS Regional Facility GARDEN CITY NY DISTRIBUTION CENTER September 16, 2023, 7:37 am Departed USPS Regional Facility MID NY DISTRIBUTION CENTER September 15, 2023, 8:28 pm Arrived at USPS Regional Facility MID NY DISTRIBUTION CENTER September 15, 2023, 4:54 pm USPS in possession of item MATTITUCK, NY 11952 September 15, 2023, 11:06 am Hide Tracking History What Do USPS Tracking Statuses Mean? (https://faq.usps.com/s/article/Where-is-my-package) Text & Email Updates u USPS Tracking Plus@ u Product Information u See Less Track Another Package Enter tracking or barcode numbers https://tools.usps.com/go/TrackConfirmAction?tRef=fulipage&tLc=2&text28777=&tLabels=9589071052700683837570%2C&tABt=false 2/3 I' v TOWN OF SOUTHOLD 3 ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK AFFIDAVIT OF In the Matter of the Application of: POSTING EDWIN J. PISANI (Name of Applicants) COUNTY OF SUFFOLK STATE OF NEW YORK I, MARTIN D. FINNEGAN d/b/a 13250 MAIN ROAD, MATTITUCK, New York, being duly sworn, depose and say that: zn I am the ( ) Owner or(V)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: 7180 PECONIC BAY BOULEVARD, LAUREL, NY 11948 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 sib7n shall be displayed for a period of not less than seven days immediately preceding the date of the public hearing of October 5th, 2023 (Owner Agent ignature) Sworn to before me this Day of September 12023 ( otary Public) SCHWEITZER A IZISE NOTARY PUBLIC-STATE OF NEW YORK NO.01 SC6409457 QUALIFIED IN SUFFOLK COUNTY LMYCOMMISSION EXPIRES SEP 28,20 2� -IOU, ■ ■ • FB. Sig tur ■ Complete items 1,2,and 3. E3 Agent ` ■ Print your name and address on the reverse ❑Addressee I so that we can return the card to you. y ■ Attach this card to the back of the mailpiece, Received by(Prin Name) C. Date of Delivery j jor on the front if space permits. ;i 1. Article Addressed to: D. Is delivery address different from item 1? 13 Yes If YES,enter delivery address below: ❑No 27 Bay Ave LLC PO Box 609 Shirley, NY 11967 3. Service Type ❑Priority Mail Express® j ll I II'I'I I'll I'lllll II I IIII III I III III I I III I III ❑Adult Signature ❑Registered MailT Restricted Signature Restricted Delivery ❑Registered Mail Restricted Certified WHO Delivery 9590 9402 8241 3030 7847 10 ❑Certified Mail Restricted Delivery ❑Signature Confirmation*"' ❑Collect on Delivery ❑Signature Confirmation 2. Article NU_mber(Transfer from SBNiCe label) ❑Collect on Delivery Restricted Delivery Restricted Delivery _ _ pred Mail ! 9:5 8 9 0 710 'S 2 7 0 0 6 8 3 8 3 7-5 3 2`; Bred Mall Restricted'iDeliJery e. i i :r$500) :: . . . .. . Domestic Return Receipt PS Form 3811,July 2020 PSN 7530-02-000-9053 OFF Cit- � •Ntwl v y, r " r f, m 7180 4.� . PECONIC BAY BLVD "b iP- 74, AFF 3':' t }'r"'-i *'�Y �' ` ,:v fi., .q.+.'y �."e •)',+a;' ° -.� 1%v �F� ' '..' L - �:R S r-its, y•�.' - �.�N..�, \ r��-^ 7 � �'�` 'p,r "a�� s1`` =fit �;�uf' ''� -y,'.� M��u �,i'� �i'C-a4ti&•. �'- �t,,N ' •`ti . ' ti "� x „ . .. .. BOARD MEMBERS rjF soy Southold Town Hall Leslie Kanes Weisman, Chairperson O�� ly�l 53095 Main Road•P.O. Box 1179 Patricia Acampora ti O Southold,NY 11971-0959 Eric Dantes Office Location: Robert Lehnert, Jr. N Town Annex/First Floor Nicholas PlanamentoOld ^a�Q 54375 Main Road(at Youngs Avenue) COUSouthold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD July 20, 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 : # 7834SE PISANI, Edwin Action Requested : Special Exception for an accessory apartment in an accessory building. Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town Within one (1) mile (5,280 feet) of: ( ) Boundary of any airport If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA Chairperson By: Survey/Site Plan : Mark Schwartz Date : 3/23/2023 "\ BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson ®� so Southold 53095 Main Road•P.O. Box 1179 Patricia Acampora ®� ®�® Southold,NY 11971-0959 Eric Dantes t Office Location: Robert Lehnert,Jr. Town Annex/First Floor Nicholas Planamento ® y� 54375 Main Road(at Youngs Avenue). C®UIV 5 Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 July 20, 2023 ` Mark Terry, Assistant Town Planning Director RECEIVED LWRP Coordinator JUl 2 0, 2023 Planning Board Office Town of Southold Southold Town Town Hall Annex Planning Board Southold,NY 11971 Re: ZBA File Ref. No. # 7834SE PISANI, Edwin (Public Hearing October 5,2023) Dear Mark: We have received an application for a Special Exception for an accessory apartment in an accessory building. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-51) is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairperson By: Encls Survey/Site Plan Mark Schwartz Date : 3/23/2023 L RNNEGAN LAW, P.C. 13250 MAIN ROAD P.O. BOX 1452 MATTITUCK, NEW YORK 11952 (631) 315-6070 MARTIN D. FINNEGAN, ESQ. MFINNEGAN@NORTHFORK.LAW By Hand June 30th, 2023 Ms. Leslie Kanes Weisman, Chairperson Zoning Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971-0959 Re: Special Exception Application of Edwin Pisani 7180 Peconic Bay Blvd, Laurel, NY 11948 SCTM # 1000-126.00-11.00-009.001 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$500.00 representing the required filing fee and an original and eight (8) copies of the following documents for your review: 1) Special Exception Application for Accessory Apartment in an Accessory Structure with Questionnaire Form and attachment of explanation; 2) Executed Owner's Authorization; 3) Executed Agricultural Data Statement; 4) Executed Short Environmental Assessment Form; 5) Local Waterfront Revitalization Program (LWRP) Consistency Assessment Form; 6) Applicant Transactional Disclosure Form signed by Martin D. Finnegan, as Agent for the property owner; 7) Applicant Transactional Disclosure Form signed by the property owner; 8) Owner Edwin Pisani's Proof of Qualifying Residency: NYS Driver's License and PSEG Electric Bill; 9) Assessor's 2023 Property Tax Card; 10) Photographs of the exterior and interior of the proposed apartment; 11) Letter in Support of the Application, signed by neighbor Brittny Knight; 12) Certificates of Occupancy; 13) Prior ZBA Determinations #6482 and #4840 14) Current Deed L11723 P290; 15) Eight (8) drawing sets produced by Architect Mark Schwartz 8y Associates, including site plan and plans for proposed garage expansion with floor plan showing livable floor area. 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. r�rt iy� airs, rtin D. innegan MDF/as Encl. FINNEGAN LAW, P.C. 13250 MAIN ROAD P.O. BOX 1452 MATTITUCK,NEW YORK 11952 (631) 315-6070 MARTIN D. FINNEGAN, ESQ. MFINNEGAN@NORTHFORK.LAW BV Hand June 30th, 2023 Ms. Leslie Kanes Weisman, Chairperson RECEIVED Zoning Board of AppealsJU Town of Southold 2 jI 0 2023 Southold,1NY911971-0959 on�n�hoard ofAppeals Re: Special Exception Application of Edwin Pisani RECEIVED 7180 Peconic Bay Blvd, Laurel, NY 1.1948 SCTM # 1000-126.00-11.00-009.001 JUL—�19 20223 Dear Chairperson Weisman and Members of the Board: Zoning Board of Appeals With respect to the above-referenced Application, enclosed please find a check made payable to the Town of Southold in the amount of$500.00 representing the required filing fee and an original and eight (8) copies of the following documents for your review: 1) Special Exception Application for Accessory Apartment in an Accessory Structure with Questionnaire Form and attachment of explanation; 2) Executed Owner's Authorization; 3) Executed Agricultural Data Statement; 4) Executed Short Environmental Assessment Form; 5) Local Waterfront Revitalization Program (LWRP) Consistency Assessment Form; 6) Applicant Transactional Disclosure Form signed by Martin D. Finnegan, as Agent for the property owner; 7) Applicant Transactional Disclosure Form signed by the property owner; 8) Owner Edwin Pisani's Proof of Qualifying Residency: NYS Driver's License and PSEG Electric Bill; 9) Assessor's 2023 Property Tax Card; 10) Photographs of the exterior and interior of the proposed apartment; 11) Letter in Support of the Application, signed by neighbor Brittny Knight; RECEIVED 12) Certificates of Occupancy; JUL 19 2023 13) Prior ZBA Determinations #6482 and #4840 zoning B and of J4ppeals 14) Current Deed L11723 P290; 15) Eight (8) drawing sets produced by Architect Mark Schwartz 8v Associates, including.site plan and plans for proposed garage expansion with floor plan showing livable floor area. 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. TDinnegan s, rtin MDF/as Encl. BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson `�®� $ ��� .53095 Main Road• P.O. Box 1179 Patricia Acampora ®� ®�® Southold,NY 11971-0959 Eric Dantes Office Location: Robert Lehnert, Jr. Town Annex/First Floor Nicholas Planamento ® a� 54375 Main Road(at Youngs Avenue) C®U01 Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 JUL 2 6 2023 -� BUILDING DEPT. TO : SOUTHOLD TOWN BUILDING DEPARTMENT RE : VERIFICATION OF LIVABLE FLOOR AREA Special Exception Application to establish an accessory apartment in an accessory structure ZBA Application : #7834SE PISANI, Edwin Date sent to Building : July 20, 2023 Pursuant to Town Board Resolution No. 2011-353, effective April 26, 2011, the Office of the Zoning Board of Appeals is forwarding the above referenced application for verification of the livable floor area, per code Section 280-4, to be returned to this office two (2) weeks prior to the Public Hearing. Public Hearing schedule to be on : October 5, 2023 FOR BUILDING DEPARTMENT USE Our office has reviewed the following documents provided in the above referenced application: Floor Plans : Mark Schwartz Dated : 3/23/2023 Based upon the information listed above The livable floor area is determined to be square feet and is conforming to Section 280-13B (13) (a)of the code The livable floor area is determined to be square feet and is not allowed pursuant to Section 280-13B(13)(a) of the code which states: "The accessory structure shall contain no less than 450 square feet and shall not exceed 750 square feet of livable floor area..." The livable floor area cannot be verified. COMMENTS: Signature of reviewer Date: Adopted by the Board of Appeals:May 18,2011 BOARD MEMBERS ®� Sol/ ® Southold Town Hall 53095 Leslie Kanes Weisman, Chairperson �i� 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) ® a Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 October 24, 2023 Martin Finnegan Attorney at Law P.O. Box 1452 Mattituck,NY 11952 Re: ZBA—Application#7834SE Pisani, 7180 Great Peconic Bay, Laurel SCTM No. 1000-126-11-9.1 Dear Mr. Finnegan; Enclosed is a copy of the Zoning Board's October 19, 2023 Findings, Deliberations and Determination, the originals of which was filed with the Town Clerk regarding the above Special Exception application. Sincerely, Kim E. Fuentes Board Assistant cc: Building Department SCTM#1000.126-11-9.1 STORM WATER MANAGEMENT DETAILS LOCATION: AREA: LOT COVERAGE: PROPERTY. 37.612 SQ.FT. 0.863 ACRES LOCATION: SF AREA 10046 RUNOFF AT ORYWELL ORYWELL 2..NPERHOUR PROVIDE: CAPACRY. OTAL ROOF AREA RI7.0 SO.FT. 787CU.FT. DI sw..s-&-271 N.FT. 0!5�e EXISTING HOUSE: 2028.0 SQ.FT. 5.39% sN B 4D HA FRO IND GUTTER EXISTING HOUSE PORCH: 224.0 SQ.FT. 0.60% �J STANDARD 5° EXISTING HOUSE DECK 390.0 SQ.FT. 1.04% RECEIVE® '�I/� }"> "° 0� A ON°A6TM"g"�® r"�"®' EXISTING DETATCHED GARAGE: 448.4 SQ.FT. 1.19% "}acwR°F,lanamua.rwL°4rouarownm, (3090.4 SQ.FT.) (8.22%) F}wvMEamF:le3 umwllTgpSn�MFq®FIMRMVbLP@Ftnt 0.(IQ E1ThG M 6gT NF9hE f W M 916f1PRE IH6Q 1110 PIFIIIR O]IDIII4Q \ C}FIRR OY1611IDMD014RFLffi MC AIDFNFS W WMIKTVRTI°i55l1MN OCL 2�5 2023 ���� 1�0"O�`�� PROPOSED GARAGE ADDITION: 430.0 SQ.Fr. 1.14 1R6fNGTRN: � / 1.�3rtI6tT0 NTO®rowMDLifWtl[1•NSFW FrH1ra CF1EY1. ]}9@TMET4.b9lI@L116 WI1111Y11BlI101,A°!IS }DHFR/VM:M91NID34[lRQrtl tT°WM18U115 MID Board of Appeals � �MDLR N°""°" °�0" TOTAL 3520.4 SQ.FT. 9.36% Zoning J}DE•BCEOd W RIDS pM93 ENM DIMLOG@YY D}Q6LDMNGIHTRM. DRYWE115 TO BE IT MIN. NATHAN TAFT CORWIN AWAY FROM HOUSE "}--0S°°°"0F`° T• MEETS AND BOUNDS BY- LICENSED LAND SURVEYOR F}roJt]W V.RHMt°N a81KL°4°!ifl AOOUCR�.TTGRF AF4TMTLLL °4ET0N' LICENSE No.50467 •' PROPERTY SURVEYED: MARCH 01.2011 N /O/ F JOAN SHANNON qq DWELLING 6� a o ' F, [PUBLIC WATER] O EL EL a EL. EL 18 01 ,\ C 3 6.4' 10.0 16.3' N 21 15 40 W 344.32 a oQo to �>` EL -W- - -W- 20.1' �W- W-7,_W- W- WW- -w- -W O -W- -W- -W- - W- � . STONE z OV W,a l9EL 4z 6' DRIVEWAY _ DRIVEWAY ink �\ ��. 20.5' 20.0 all 11.01 :16.4' TEST HOLE 13 V 10.0' m ELesN l; 19.8' _-- •{� ��2 Q �� - V EL 93• 111' ... ........... .........O 0 EXISTING i 20.4' x _ SEPTIC g .-. _ � per' _1 EL o in 20.0' Y u m °0401 SEPTIC Tb-BE-6OTH / (� LL Z 0, EX.2 STY. o TO COD / `\ OR 12 GREAT oSTONE p D FRAMED HOUSE m EL DRIVEWAY 201 _--_---;W 11 O yN4P% /' \ -/ G rc y PECONIC 19.6' - /. E� �,y _ D w4o1 / o FFR1RAMEEDD. BAY �Q 15.8 a GARAGE ADDRrriON 10.01, x102'c 7.0' O OO 'D UMLITY 22.2' ,5 POLE 00� 3� �j ---- --- -- a'�--------- ------------------ ------------------ ------------------------------------------ �\ *-1. o l J\ Q U %Al N RIGHT OF WAY 195 N RIGHT OF WAY a EL. EL. S 200 44' 00" E 345.76' EL Q 6.9 EL. 17.2' 20.7' _ 10.0' N/O/ F JOHN HINSCH y DWELLING L . [PUBLIC WATER] , SITE PLAN DRAWN:M !?,IS SCALE: 1" = 30'-0" _ 10110: `- Er 23 y) SHEE7 NUNUMBER: .yl, S-1 43'-6"lo lj ; DECEIVED "V 22`-011 -------- 21'-6" �,. eals ; 'Board o� App Boa 11X13046 TW2432 TW3046 TW3046 Zoning 81-911 I I 0 UC ' o U 4 I I 1 R 172^ " - ------ -------- - 1 FIE 11 14'-91/211 91-41/211 -' 3'41 14'-911 m o BATH d- o KITCHENETTE 47.4 SF �^ 0 125.5 SF 19.5 1 2'-4' ' A E = LC ON DEMAND H2O N HALL `t AIR HANDLER 3 7v 5.0 SF w Q w H 24.5 SF SERVICE PANEL ; O GO a U 2'-6" 2'-6" O o STORAGE `^ z "a UNFINISHED ; � `� c a00 CN 329.4 SF ; 1 1 I NO ACCESS TO BE t MADEFROM APARTMENT ; o_ TO STORAGE 1 M pp (V (NO EXPANSION OF APARTMENT) ; g BEDROOM BEDROOM - =r No. I No. 2 129.3 SF 128.9 SF � � m�E 9z 121-1" 121-111 181-11/211 t 3 m E m Q_ W a w TW3046 TW3046 TW3046 TW3046 TW3046 a ELECTRIC GAS METER 6--m � 221-011 METER 211-611 • EXISTING ADDITION Q 431,611 F W PROPOSED FLOOR PLAN PROPOSED APARTMENT: 525.0 SF S lwN PROJECT NORTH 1 SCALE: 1/4" = V-0" PROPOSED STORAGE: 345.0 SF E DRAWN:MI[/Ms SCALE: JOB#: . , 7118=3 SNEETNUMBER A-6 - - - - — - — - — - — - RECEIVE® JUL 19 2023 Zoning Board of A peals , ® son aha O� PROPOSED SOUTH ELEVATION a o00 a SCALE: 1/4" = P-0" o us oW3 rn 0. a d1 F ' DRAWN:MHIMS SCALE: 7 EXISTING SOUTH ELEVATION S7N°MRER: SCALE: 1/4" = 1'-0" � A-1 . . H V Ir 3 y f+-+ � O U W d PROPOSED, EST ELEVATION R�er�'�® a `' SCALE: 1/4 — 1 -0 jtj� 192023 2023 — - - z0"ins eo ,3'� 4� �w H d N 1 DRAW MH,MS SCALE EXISTING EAST ELEVATION f` ., +� 7 N MBEa SCALE: 1/4" = V-0" A-2 a� RECEIVED rim L I92023 Zoning Board ofA Is I ( ppeals aMz 2 U,4i PROPOSED, NORTH ELEVATION ¢ rH SCALE: 1/4 = 1 -0 00 ao t- �S o m U � L yw3 a a u o m d 41 N ® - EXISTING NORTH ELEVATIONWN: ,MS SCAM SCALE: 1/4" = V-0" JOB SHEET NUMBER A-3 � I EM "�a:" ":''":v�:�+*'• ^'�rr,'.;:r s .'�?. ` „/ :.(..;,��;t°:>�':.. ,s. LEM ME mw ..;1 n,.. aha RECEIVED ¢ w PROPOSED WEST ELEVATION Baa 00 SCALE: 1/4" = V-0" JUL 19 Z023s� �" 1 $ 3� Zoning Board of Appeals o� M8 a>: w �uy3 o�`®Y pg 4F fh c7 O En gg� u DRAWN:MH IMS SCAM EXISTING WEST ELEVATION SDHENi'MRER SCALE: 1/4 = V-0" 22'-0" -------------------- RECEIVED JU 1 92023 aW. aha z Zoning Board of Appeals z Baa 1 O i 0 N ' N i i i � x 3 �Q o� n� q v� ' GAS s t METER " ---SERVICE--- o PANELP. LULU w ' ELECTRIC 44 �I METER W o 22'-011 a N a r F EXISTING FLOOR PLAN SCALE: 1/4" = 1'-011 , DRAWN:pH HMS SCALE: 108 N: i 323!3023 SHEET NUMBER: A-5 SEE SEC.NO.122 \B, UNE MATCH -.LINE \94 .. FOR PCL.NO. ®+, '_,\ = />FO 171St�0'L 61Q 31A(c) SEE SEC.NO. 122-07-008.9 .' `,o ,%--'`::'p {:'sem MATTITUCK %' `?✓:,A °>o %'\ '.9 PARK DIST" ' _._-----_."'__----...__. ------ ._. .— ., ,,'t ,'^ $ �,;/`.N\:'g4i+5 n'�:�-i'.•'\ ' ` .�`�. �3-rv, A1ATTITUCK ',� .. ,-M95r'C.p�s, (jt' :)a,',. •CS,ry.. PARK 21.4A(c) �,% ° �a<*�,:a \. ,r g � DIST. yib. e+ __I_'__ NATURE CONSERVANCY •�s + ,,yl, ''°,. +"+-: b ;o°:.,ip9,<^°"\ . ,`,- y 8 9 10.2, 10.1 11 12 13 pig Z` _ 11.5A(c) f 6, 'm ,r, Horton Creek :�'" .'S�s'a, ,� .� '.a 2A'o y �.:75 12 •�'6 �' '���a Q O �, 20.1 49c) �\��•,p.,. :�:y°ti\� ,,;g,�,.='as:;" >t0'='�"a"��e\:� 'q1'" Q. �!'' t \'k ` ' �y2 `�.. ^„a ``;9L`e. :<° o s t>,"..yam,--____-_-•_ - ______-_�r_.^d-.�_a�; `'� �'� . IMTTITUCKPARK DISTRICT .�Q;:^• 21v '� ry°0 0, 2.1, ;`K::a,'v.^�wh r�rr to i 1 r0 a s ,;'1.4A- - •�oJa:. _ .U+ '+�=. '` �✓ 2p sr •,2 3�. - -'°p.`,, e _ -�,�yws,,�+.': �,y_ .-�,,`s^ t! C� a v r'" - . .. a `�-'—' �ry�'"h\� � �° •.Q� .'p ,,,>`;F.;16.4=oY.,d �- 4.,O e �" V +4 0 - J SEE SEC.N0.134 `9 ,,, 4'd•.o`°E` �,• 't q `�.1 1,_€r., ;,�• '^.,^'ori:',,,, _ rc��_� / Q - e8. 49 ' °.14w ' ,r;'�,1�'^�➢�.4'"\�'slry0`,'��;.b,yo Y1Bi; � $t €%F•9�_.^/. '�•.+'er9'13'�r..{' p O i;�,�� e ?i v. Q ' '.,gyp,, s.•yt:".o.;,;w�°j,�, y,°,':`%� ..v � ,,r.:f' '�',,'ar.° `¢ >. ,..,5. -.� e> i°7�+ NO. `:;30`b ,�r-ys+ p; _'xo 7^ \9� m' +,P'� F>','Ah,Y.)�.`� ' d° o.S ;�'xN. ,:K ,�, � "fie ro `�>�y c •, ", - 23 `➢'.ea 2.6A(c) s;...,13.5 ri'Sr '\s•�\'1; p. •s -^,SA \�,�� h�,, 0 •. �'� � -' � 7/��t 1 �, \92'.'y{✓.Y' yti.`'• 13.2 "•• " ,.'f^^' (j¢ - .P+ S(/L• . q o All 4-D , 1.2 14A(.) V.T' /l— ! V 'p, ,� LINE 23 muvy� COUNTY OF SUFFOLK (D N NOTICE rZ 12.1 A(d)or 121A imno O QA rmnm om., —�— oaumea MAINTENANCE.ALTERATION s, F. I,pL,,11. _______ Real Property las Service Agency t21A(c) -•• w DISTRIBUTI(N10F ANY FOR 1`10 nx o.,rncmr..m sr °' 3011 Crnrir!A'im Xw,had,AT 11901 SUFFOLK COUNTY TAX MAP I: Tvx,ter. azw.re aatn4§r•= (21) �.�.e a�..... ,h Vm�� mo 10o a zoa mo WITHOUT WRITTEN PERMISSK REAL PROPERTY TAX SERVICI-