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HomeMy WebLinkAbout7874 V)1 I R E.AJ i q�Tj d�k 6X/i �c�zli i eOL ��.�t,oc;¢:�5 vp S'cG I 0 7 derno% �cs �1 .deft�� h� �- JI �ni� imum 6;6(4j S�� 1Ccac " 11 IAy t - lana �cr1 t3�- ia� Owner: I eam File #: 7874 Address: 980 Oak Ave ( '� J Code: 17PA Agent Info Martin Finnegan, Esq. P.O. Box 1452 Mattituck, NY 11952 Phone: 631-315-6070 J Fax: Email: mfinnegan@northfork.law L . CEPA o, BOARD MEMBERS ��of s®Ujy® Southold Town Hall Leslie Kanes Weisman, Chairperson ,`O �O 53095 Main Road • P.O. Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes �� Town Annex/First Floor, Robert Lehnert, Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento �C�U +� Southold,NY 11971 RECEIVED http://southoldtownny.gov 4iAA.( (g li:Da a.A,� ZONING BOARD OF APPEALS F EB 2 0 2024 TOWN OF SOUTHOLD Tel. (631) 765-1809 Southold Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF FEBRUARY 15,2024 ZBA FILE: #7874 NAME OF APPLICANT: Brian W. Flanagan and Laura K. Flanagan PROPERTY LOCATION: 980 Oak Avenue, Southold,NY SCTM No. 1000-77-1-6 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions,without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply,dated December 22,2023, stating that this application is considered a matter for local determination as there appears to'be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards.The LWRP Coordinator issued a recommendation dated January 25,2024. 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 EXEMPT from LWRP Review since the building is proposed to be raised/elevated to mitigate flooding. PROPERTY FACTS/DESCRIPTION: The subject property is a 9,800-sq. ft. non-conforming parcel in an R-40 Zoning District. The front yard property line measures 70.00 feet along Oak Avenue, the westerly property line measures 140.00 feet, the northerly property line, landward of a wood bulkhead, measures 70.00 feet and the easterly property line measures 140.00 feet. The property is improved with a one-story frame house with an attached enclosed porch, as shown on a survey prepared by Nathan Taft Corwin,III, L.S., dated May 15,2013. BASIS OF APPLICATION: Request for Variances from Article XXIII, Section 280-124; Article XXXVI, Section-280-208A; and the Building Inspector's October 16, 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 minimum required side yard setback of 10 feet; 2) the construction exceeds the permitted sky plane as defined in Article I, Section 280-4 of the Town Code; located at: 980 Oak Avenue, Southold, NY. SCTM# 1000- 77-1-6. RELIEF REQUESTED: The applicant requests variances to partially demolish and elevate the single-family dwelling and add a rear deck and a front porch. The rear deck will have a 5.5 feet side yard setback, equal to the Page 2,February 15,2024 #7874,Flanagan SCTM No. 1000-77-1-6 existing framed dwelling,and after elevating the dwelling, the proposed construction will result in approximately 3 sq. ft of the roof exceeding the sky plane as defined in the Town Code. ADDITIONAL INFORMATION: The existing dwelling was built within the pier line of property in close proximity to Goose Creek. The applicant agreed that the septic system will be upgraded to an Innovative Advanced (I/A) Waste Water Treatment System. According to the applicant's representative, a pre-submission meeting was conducted with the Southold Town Board of Trustees, which resulted in that Board advising the applicant not to move the house. Thirteen letters of support were received from neighbors. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on February 1, 2024, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law&267-b(3)(b)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The dwelling is currently in significant disrepair and will require aesthetic and structural improvements as it is being elevated to conform to FEMA regulations because the subject neighborhood and lot are very vulnerable to significant flooding. The homes on either side of the subject residence are both two-story and much larger than the proposed elevated one-story dwelling. Additionally, many other dwellings in the neighborhood have been updated and enlarged over time. 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 subject dwelling already has a non- conforming side yard setback which is being maintained because the Trustees have informed the applicant that they do not support moving the footprint of the reconstructed dwelling to a more conforming location due to land disturbance. However, in order to elevate the renovated home to conform to FEMA regulations, which is required because the construction is deemed a demolition per Town Code, while also meeting the Trustees request to maintain the existing footprint,the construction must exceed the sky pane limitations 3. Town Law §267-b(3)(b)(3). The variance granted herein for the side yard setback is mathematically substantial, representing 45%, relief from the code, while the portion of the dwelling located within the sky plane represents 100% relief from the code. However, the proposed partial demolition and elevation is required to mitigate any potential flood damage per FEMA requirements, and the sky plane violation is exceeded by only 3 square feet of the corner of the proposed roof,which is de minimus. 4. Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code, and apply to the Southold Board of Trustees, if required. 5. Town Law§267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. Page 3,February 15,2024 97874,Flanagan SCTM No. 1000-77-1-6 6. Town Law §267-b. Grant of the relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a single-family dwelling elevated to FEMA requirements while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13,motion was offered by Member Acampora, seconded by Member Lehnert, and duly carried,to GRANT the variances as applied for, and shown on the Site Plan and Architectural Plans (Sheets S-1, S-2, Al2 thru A-6)prepared by Mark Kevin Schwartz,Architect, dated January 22, 2024. SUBJECT TO THE FOLLOWING CONDITION: 1. The applicant shall install an Innovative Advanced septic system (I/A) on the subject property approved by the Suffolk County Department of Health Services This approval shall not be deemed effective until the required conditions have been met.At the discretion of the Board of Appeals,failure to comply with the above conditions may render this decision null and void That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. IMPORTANT LIMITS ON THE APPROVALS) GRANTED HEREIN Please Read Carefully Any deviation from the survey,site plan and/or architectural drawings cited in this decision, or work exceeding the scope of the relief granted herein, will result in delays and/or a possible denial by the Building Department of a building permit and/or the issuance of a Stop Work Order, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above,such as alterations,extensions, demolitions, or demolitions exceeding the scope of the relief granted herein, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. TIME LIMITS ON THIS APPROVAL: Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was Page 4, February 15,2024 #7874, Flanagan SCTM No. 1000-77-1-6 granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one (1) year terms. IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN. Failure to comply in a timely manner may result in the denial by the Building Department of a Certificate of Occupancy, nullify the approved variance relief, and require a new variance application with public hearing before the Board of Appeals Vote of the Board: Ayes: Members Weisman(Chairperson), Dantes, Planamento, Acampora, and Lehnert. (5-0) 4eslies Weisman, 6hairperson Approved for filing 14 /2024 1 � � 5 SITE DATA PROPERTY: 9,800 SF 0.225 ac. NON CONFORMING LOT: ZONE:R-40 FRONT:35' SIDE 1:10' Uj SEAWARD EDGE (280-124)SETBACKS: LOT COVERAGE:20% REAR:35' SIDE 2:15' Z HIGH WATER MARK MAXIMUM HEIGHT: BUILDING HEIGHT: SKYPLANE: 280-207 MAX.GFA: ALONG BULKHEAD OF MEADOW (280-4,280-208) 35' 10'h(AVG).45°ANGLE 2100.0 SF BB 2.1 BB 2.2 BB 2.2 TB 3.3 WOOD BULKHEAD TB 3.3 TB 4.3 B WOODD DESCRIPTION: AREA LOT COVERAGE: w 0 SAND EXISTING HOUSE: 922.6 SF 9.41% W ---"'------"_'-'----"-'---"------------------20NC-.-WA PROPOSED PORCH: 50.0 SF 0.51% > WALK I v.uur� PROPOSED DECK: 357.7 SF 3.95% F. W SAND TOTAL: 1360.3 SF 13.87% W _ Q WOOD EDGING O METES AND BOUNDS: SURVEYOR: NATHAN TAFT CORWIN III DATE SURVEYED: MAY 15,2013 A _ .4 LLI SCTM: 1000-77-01-06 ELEVATIONS REFRENCE: NAVD 1988 o z 3_3 0 0 J n CONCRETE � 2 CONCRETE GFA CALCULATIONS TROUGH W J M TROUGH LOCATION: AREA: ! O m 06 _ _4 PROPERTY: 9800.0 SF 010 (280-207d)GFA PERMITTED: 2100.0 - _—-—- EXISTING M.FLOOR: 922.6 SF r n I TOTAL EXISTING: Z W x >z � C ago 4- - " — " T a.l 13.3' PIER LINE .. \1 PIER LWE PIER LINE °° PIER LINE i RECEIVED CONC.PA ON GRADE 19.1 { I , m { 4.9 I n I f ) ..I 3• N 26 2024 m soF O M 5i— 0 S- — — _ _ + _ _ _ E" EXISTING 1 STORY — — — -5 i °- x o _ LL ! —I — — FRAMED HOUSE . N ! m m E = r 6CE FF 6.961 j ZONING BOARD OF APPEAL g m a r w11 ^E 0 `m `y E 3'1.9' 32.3' w 3 " 5.7' ON O��X 2 5.5 sroov " 6.7 _ _ _ _ ti #pIli�fi Le MAP u U _ .� WEDa I o M ASPHAL +6.7 �O CONCRETE E J ;'Iwdr �� lfi Q N 6.9+ DRIVEI)(1 [t L 7- - - m - - - - - - - - - - - - - - - - - - 7 0DATED, na O clq 1 ��• CON RETE j Q •� TRO GH M i E 1 z 0 8- - - — - - — — — — — — — —8 It S450 24' 40"W ti. DRAWN:MH/MS AVEI�IVE EXISTING SITE PLAN U f0. s�A11 JOB I DS 1/-3207A OAK SHEETNUMBM: SCALE: 1" = 20'-0" S-1 1 SITE DATA PROPERTY: 9.800 SF 0.225 a<. NON CONFORMING LOT: ZONE:R40 FRONT:35SIDE 1:10' SEAWARD EDGE (28P ,1)SETBACKS;LOT COVERAGE:20% REAR:35' SIDE 2:15' HIGH WATER MARK MA%IMUMHEIGHT: BUILDING HEIGHT SKYPLINE: 211-207 MAX.GFA (n ALONG BULKHEAD OF MEADOW (2804.2.D20B) 35' lan(AVG).45•ANGLE 21000 SF BB 2.1 BB 2.2 BB 2.2 Z WOOD BULKHEAD TB 3.3 TB 4.3 O TB 3.3 DESCRIPTION: AREA LOT COVERAGE: Hy �h WOOD EXISTING HOUSE: 922.6 IF 941% BULKHEAD PROPOSED PORCH: SOOSF Dsl% PROPOSED C ROPO DEM. 38].]IF .5% N 39 w x I_ TOTAL 1360.3 SF 13.87% WALK . Q W 1 - METES AND BOUNDS: SURVEYOR:NATHANTAFTCORWINIII DATESURVEYED:MAY15.2013 L� SRM, 1000.]]-01-06E:REFRENCE: NAVD 1988 ::.`.._,SAN D:>: <` F. zW GFA CALCULATION 0 � a .4 WOOD EDGING 00 LOCATION: AREA: H W PROPERTY:9800.05F '~ O Z +33 O Q _ (200.207d)GFA PERMITTED: 2100.0 O J < M EXISTING 1ST.FLOOR: 922.65F r.. Lu TOTAL EXISTING: CONCRETE � = CONCRETE TROUGH m .Y.1 TROUGH 0 m °° -4 nom. 0 � RECEIVED 15' — — 9 F- — — 10' to r — _JAN 26 2024 wwo } r SILT'FENCE — — — U) SI FENEE ' I � I Oww Im ZONING BOARD OF APPEALS ¢ A Iz a _ 31. I ¢ d O n - o rn 9' Z O H 13.3' - PIER LINE a 00 p _: i I _ PROPOSEII m PIERLINE k �' m DECK PIER LINE ` °1N P I9,I 5 5, ! STORM WATER MANAGEMENT DETAILS - I I / 4.9 F_ SF AREA: 100%RUNOFF AT D0.YWELL DRYWELL EO 2-RAINPERHOUR PROVIDE: CAPACITY: 0, O EXISTING 1 STOR�' y NEW DRIVEWAY 546 SO FT. 91.2 CU.FT. (1)Rd,-3-d.p 845 CU.FT L + IL I 'Y3 -5 LOCA ION i — - FRAMED HOUSE ^ m o r i N I a Bpi LL,m FF 9.0' I z Y AS ( � ffONCRET OUI i 32.3' 57 �P�jXf rEm NINCIIE 3 .9' S.5 PROPOSED o- 6.7 lO�PBRCI•i vl6IL— — _ COOmoo POSED CATCH BASIN% ®; _ V N ,PXMNG DRIVEWAY - +6.7 CONCRETE I = OOm 1111- Q sLTO BE REMOVED I mTROUGH 7- - - M1- = N 7PROPOSED O 14'X39'IMPERVIOUSDRIVEWAYZM u IL_8 °8- - - - - - - - - - y SILT:LUd - - j �} a 5 45° 24' 40" W 8.4 ¢ONSfRUCTION 70.00' B — ENTRANCE psi y�aL MAP AV EN U E CC i���; }l ".! F N DRAWN:MH/MS OAK PROPOSED SITE PLAN '( �• 4•- 1 SCALE SCALE. 111 20'-011 *_2 F C t 1 14 JOB1/22NUM : SHEET NUMBER: v� O dH¢ w wo ------- ------- — x \ zw RECEIVED w A bo " ® III Hill mm - — 1 IAN 2 6 2024bD a ® I ZONING BOARD OF APPEALS _ I FFR9.. GRADE EL 5.5 W PROPOSED SOUTH ELEVATION x ;z SCALE: 1/8" = 1'-0" Q Q a �] w o 0 � u x r m Om m=0 -- Q.Z LL m Y U Z5 0 m 0 E LLb O r U ________—__-- o •\ �V M E 0 OW3 S a �.1 o u ° ®� !o P N FF EL 6.96 FF EL 6.96A IEW �p _ —.—.— —.—.— ,GRADE Et 6.] �j �F p q {{ � �A lVV°° 4tltl (� GRADE EL 5.5 y`L��Nq] {IE L&idy� • a � EXISTING SOUTH ELEVATIONON SCALE: 1/8" = 1'-0" DRAWN:MH/MS SCALE: 1OB#: 1122/2024 SHEETNUMBER: A-1 i F-+ W RECEIVED JAN 2 6 zo?14 z > w OF APPEALs w ZONING BOARD Ca d ❑ ❑ ❑ ❑ F I ❑ 01 ❑ _FF F19.0_ JLEL90 0c�YTyj � D LRADF FL 1Z x �z ¢ A PROPOSED EAST ELEVATION ¢ o SCALE: 1/8 — 1 -0 w00 o 0 m � u m� p- x Qu a} L p Z U Y 0 y O Q 0 m`a c U F3 ^Em ❑■ m p W 3 AL MAP r a -dF EWED' BY BA ® ® ® ® OATED. a P�9 QFF EL 6.9f:=:= =:=.=FF EL 6.96 � .RAX EL 4.9 V Q EXISTING EAST ELEVATION SCALE: 1/8" = V-0" DRAWN:MH/MS SCALE: JOB p: 1272024 SHEET NUMBER: A-2 z 0 i~ RECEIVED �� dH JAN 2 6 2024 z w ZONING BOARD OF APPEALS q O r h _ m I OI FF EL 9.0_- - FF EL 9.0 ^/J GRADE FL 4.8 y rMDF EL 43 PROPOSED NORTH ELEVATIONx �z OR d �A SCALE: 1/8" = V-0" z o H ago Q m m . a Z a p Y o dl Y t b _ ----------- - V K1 F:Y0 S-N E S �• m O n L�.l CD= 10YFT GRADE EL48 ipTZGRADE , NAL MAP EXISTING NORTH ELEVATION I...EVIEVED BY ZBA SCALE: 1/8" E'-0" u FTsiC i%j# DRAWN.MH/MS hn..// .JJ...��.. SCALE: yy JOB t 1/222014 SHEETNUMBER: A-3 v� O Hw w0 ax Jill 1111i ¢ w 6tECEIVED ( ( z Hill 1 11 Hill 1 .11ill Ill I fill 2 6 2Q2� JAN Q ❑ ❑ ❑ ❑ ❑ ❑ 1 ZONING BOARD OFuuu F►PPEAi� _FF FL 9.Q_ _FF w. .. GRAN EL 5 z3 >z ¢ �A PROPOSED WEST ELEVATION ¢ o SCALE: 1/8 — 1 -0 o o x 0� x Om m= m _ S O X D m Q.Z L p a O m 0 c u 4 Q s 0 v m N E m pWa S EL ua �a� In 0 l� a U'e Q GRADE EL 5.5 U TF- GRADE EL 461 u d7 EXISTING WEST ELEVATION SAL AP SCALE: 1/8" = V-0" `,EVIEWED BY Z 6A 44 ECISION# `,R8 DRAWN:MHlMS l ap�TED. scAE E ioe a. lrzznoza SHEET NUMBER: A-4 RECEIVE®........ z .... ... .. ... . .. .. .. .. . _- .. . H w ..... ..... ............_.. ._..................... V] ..... ... .- -..._ ................ ........ . .. ...........:..,....JAN':: :-.:::..'':`',:: w o ..................31' 4" Z0141140 BEARD OF a x w 111I II, 2X6 Fl rm2a•IX 11I --' II QoAA w-------a-------0 - - --- 1.....-. (NO SILL PLT) I 1 (NO SILL PLT) 1"�•'���� PROPOSED DECK o o i 1 2%6 Fl(aM'OC , 1 2X6 FJ ra24'DC 1 (ND SILL PLT) I 1 I I I (NO SILL PLT) : ]: 1 � 77 Ww z `¢Q EXISTING CRAWL SPACE TO BE REBUILT Q Fry F� THROUGHT TO MEET CURRENT NYS CODE Q'o FoIN uq - Iz o F4 �O�U OU ;'FINAL STRUCTURE TO BE REVIEWED PRIOR TO OO [ O p 2 P luSUBMISSION a Q o SFS VERIFY GIRDER LOCATION -(lNdDER BEARING WALL ABOVE)- ...... � _'—•—.— —.—•—ASSUMED GIRDER LOCATION •— —•_.—.—•—•— -_•—. —•— ISTD GIRDER LIXA�I __' m O 1 { U - �. : ❑ GIRDER I7 1 • a. MIN.(3)2X8 GIRDHt;ryIF) MIN.(3J 2%B GIRDER ryl X « 0 REMOVE: EXISTING; Q_ X D.U CHIMNFY� d r IL w Fps Or, - m ORs 3 .: JO9 D o p D b / NU / t . 0^HeS U Oe2 //�✓ -./f -,:-.;�� PDLL F U _�E 0 / STRUCTUREUNKNOWN LL /' ;Y ISS m) /. . /(STRUCTURE UNKNOWN) =N e a E 0 ID ----------------------------- alu3 I I LEDGER BOARD TO BE MBERL K(D I �i O i TO FUCOUNG WRH TIM S R SCREWS SYOLYUPIC WNUFA SCREWS WW ® ��' BY OLYMPIC MANUFACNRING � F -- - - - POST TO ANCHOR (2 SCREWS®32'O.C.) Q TO 16X16 CONC.PIER V MIN.3'BELOW GRADE �� � �&�_- N u EXISTING CRAWLSPACE E PROJECT NORTH -- ......•.•.... PROJECT NORTH "a ®ACTUAL NORTH ®ACTUAL NORTH SCALE: 1/8" = 1'-0" u Y PROPOSED CRAWLSPACE SCALE• 1/8" = 1'-0" FT SAL SAP J REVIEWED"' BY BA DRAWN MH/MS SCALE: E I S I O N � � DB;222824 SHEETNUMBER' DA-"ED : A-5 A 2 ID Hx Z� o w I-I a 'a � w I FWG1006fI45AA5 _ R Ig RSUN O M m_ _ PROPOSED DECK 03 EXGLG. M SITTING ROOM Iz F CATHEDRAL CEILING BANQUET o .. 7%47X4 RRm74'OC >y� H • --------------- LL: ® ¢ DOQ LL o BEDROOM No.2 62Y.°CEIU� O o LIVING/DINING _ •• u ®;" n n B 00 0 9]'CEILING HT. KT�Ch7J F•• i 9'-0'CLG THTHED ac n--LIVING RLXO �f uTHEDRAL:ta SHIPS v' - - _. _' - -- S•iC - _' - II}fF{•� ,', -- - -LAD ER BUILD WALL UP TO RAFTERS GC TO REVIEW RAFTERS AND a•S E T Z.IN,SRLAICE/ADDASREQ. a•S m m 0 • C _ c U Q 4b_ • - - _ BUILD WALL UP TO RAFTERS J' ro m "' - -- -- .Z'4' • 2'-6' GCTOREVIEW RAFTERSAND m= `� = j TIE-IN,SPV.ICE/ADDASREQ, 0- X 1LU _ 1 I I] 11 a)• IL p 0 W/D ,f�/�) 11 ® 0 E BEDROOM No.1 1 "v - UTILITY ROOM BPR CEILING HT. LD 9T CEIUNG HT. v���uCw� BATH 1 BEDRO N .2 o b s yy,4`HEN - ---. .�....._i p 9'O'CLG 9'.0' lG - F ^E 0 97-CEIUNGHT. (2)2X4 FLUSH ENTRY BLT U :: .... _ ..___ m m BATH 4 TILIg.-0.O.C. INS O m=m 9T CEILING HT. ] ` I' a TANKAw R E f 9'-0'CLG € 0 a FENCING ( 4 P I I 4-S II ly- - - - - - - - - - - - - - �` W STOOP Q PROPOSED PORCH o pU O i° Tp m 10X10 FG COLUMN --_-_ a N W 6X6 ACQ POST - EXISTING FLOOR PLAN E PROJECT NORTH ] E PROJECT NORTH ACTUAL NORTH SCALE. 1/8 - V-0" u Y 101-0111 WALL LEGEND .cY ZBA WALLTOREREMOVED REVIEWED A 0F.Ql- l0N# O EXISTING WALL 44 DATED:EQ''"'�`'�] ( _ ® NEWWALL "+6PATE N.1 ® NOTE: PROPOSED FLOOR PLA DRAWN:MH/MBLE DIMENSIONS OF EXISTING WALLS ARE FROM FINISHED WAL SCA : I INT.:2X4-4-1/2'.2X6=6U2'.EXT.:2X4=4'.2X6=6'] Q 1 O p: DIMENSIONS OF NEWWALS ARE FROM STUDS SCALE: /V11 1,-011 1/222024 L EXT./INT:2X4=3.1/2'.2x6-5-1R'] SHEET NUMBER: A-6 `COUNTY OF SUFFOLK V Fed STEVEN BELLONE � s ma a SUFFOLK COUNTY EXECUTIVE of �� DEPARTMENT OF ECONOMIC DEVELOPMENT AND PLANNING � SARAH LANSDALE'z.3 COMMISSIONER ELISA PICCA CHIEF DEPUTY COMMISSIONER December 22, 2023 Town of Southold N Zoning Board of Appeals 53095 Main Road DEC 21 2723 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 Gregory Fegos #7869 mar Brian & Laura Flanagan #7874 F{a Steven Guddat #7876 Fem Richard Antunovich #7877 Foo Curtis-Harvey Revocable Trust #7881 William Goydan #7882''�`r Mary Huettenmoser #7884 Orient Acres, LLC #7885 Very truly yours, By Christine DeSalvo Theodore R. Klein,Principal Planner TRK/cd Division of Planning &Environment H.LEE DENNISON BLDG 0 100 VETERANS MEMORIAL HWY,2ndFI 0 P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 ■ (631)853-5191 �" nmf�f 5 m�Prl�s oar ;� 54375 FFICE LOCATION: *of sMAILING ADDRESS. Town Hall Annex �� 0 P.O.Box 1179 State Route 25 Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) co Southold, NY 11971 Q Telephone: 631765-1938 � 1261 �yCou�r,�� LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD To: Leslie Weisman, Chair Members of the Zoning Board of Appeals RECEIVED From: Mark Terry, AICP Assistant Town Planning Director JAN 2 5 2024 LWRP Coordinator ZONING BOARD OF APPEALS Date January 25, 2024 Re: LWRP Coastal Consistency Review for ZBA File Ref BRIAN W. FLANAGAN AND LAURA K. FLANAGAN#7874 SCTM No. 1000-77-1-6. BRIAN W. FLANAGAN AND LAURA K.FLANAGAN#7874 -Request for Variances from Article XXIII, Section 280-124; Article XXXVI, Section-280-208A; and the Building Inspector's October 16, 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 minimum required side yard setback of 10 feet; 2)the construction exceeds the permitted sky plane as defined in Article I, Section 280-4 of the Town Code; located at: 980 Oak Avenue, Southold,NY. SCTM# 1000-77-1-6. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, the proposal is recommended as EXEMPT from the LWRP pursuant to Chapter 268. Waterfront Consistency Review§ 268-3. Definitions. review. A. Maintenance or repair involving no substantial changes in an existing structure or facility. The building is proposed to be raised to mitigate flooding. 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 Donna, Yes,these plans were submitted for the disapproval which is the basis for the relief we are now seeking.After we met with the Trustees, Amanda just renewed the original NOD. Regards, Martin MARTIN D. FINNEGAN,ESQ. FINNEGAN LAW P.C. 13250 Main Road P.O. Box 1452 Mattituck,New York 11952 T 631.315.6070 C 516.298.5384 mfinnegan@northfork.law www.northfork.law CONFIDENTIALITY NOTICE:The information contained in this e-mail and any attachments may be legally privileged and confidential.If you are not an intended recipient,you are hereby notified that any dissemination,distribution or copying of this e-mail is strictly prohibited.If you have received this e-mail in error,please notify the sender and permanently delete the e-mail and any attachments immediately.You should not retain, copy or use this e-mail or any attachment for any purpose,or disclose all or any part of the contents to any other person.Thank you. From: "Westermann, Donna" <donnaw@town.southold.ny.us> Date: Friday, January 26, 2024 at 12:46 PM To: Martin Finnegan <mfinnegan@northfork.law>, "mksarchitect@optonline.net" <mksarchitect@optonline.net> Cc: Annalise Schweitzer<aschweitzer@ northfork.law>, "Fuentes, Kim" <kim.fuentes@town.southold.nv.us>, "Sakarellos, Elizabeth" <elizabeth.sakarellos@town.southold.nv.us> Subject: RE: Flanagan -ZBA application Hi Martin, Thank you for sending this. I do see a slight change on pages A-1 and A-3, however none that I can tell on S-2. The main concern I have is if these plans are what were presented to the building department when the NOD was issued. The only two (2)variances are still for side yard setback of 5.5 ft and exceeding sky plane? Want to confirm all of this before I send to the Board. `J Thank you, Donna From: Martin Finnegan <mfinnegan@northfork.law> Sent: Friday,January 26, 2024 9:56 AM To:Westermann, Donna<donnaw@town.southoId.ny.us>; mksarchitect@optonline.net Cc:Annalise Schweitzer<aschweitzer@northfork.law>; Fuentes, Kim <kim.fuentes@town.southold.nv.us> Subject: Re: Flanagan-ZBA application Donna, 2 r � l stermann, Donna From: Westermann, Donria Sent: Friday,January 26, 2024 1:25 PM To: Eric Dantes; Leslie Kanes Weisman; Nicholas Planamento; Patricia Acampora; Robert Lehnert Cc: Fuentes, Kim; Sakarellos, Elizabeth Subject: #7874 Flanagan Attachments: #7874-Plans FLANAGAN 01.22.24.pdf Importance: High Good afternoon everyone, Please see attached revised plans from Martin Finnegan for the Flanagan application, as well as email correspondence below from Martin regarding these plans. We have asked him to provide two (2) originals sets of plans to our office. Photocopies of the attachment will be in your box. Thank you, Donna Aowwa Westermavuw Zovw,v,-g Board of Appeals TOWw Of Southold P.D. gox 11V-7!9 southow' NY 111 (631) 1009 OK very good. I will forward the plans and info below to the Board. Please bring two (2) original stamped/signed copies to our office as soon as possible for the main file. Thank you, Donna From: Martin Finnegan<mfinneean@northfork.law> Sent: Friday,January 26, 2024 1:13 PM To:Westermann, Donna <donnaw@town.southold.nv.us>;mksarchitect@optonline.net Cc:Annalise Schweitzer<aschweitzer@northfork.law>; Fuentes, Kim<kim.fuentes@town.southold.ny.us>;Sakarellos, Elizabeth <elizabeth.sakarellos@town.southold.nv.us> Subject: Re: Flanagan -ZBA application 1 i FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y, s NOTICE OF DISAPPROVAL DATE: August 14,2023 NOV 16 2023 RENEWED: October 16,2023 TO: Mark Schwartz(Flanagan) PO Box 933 Cutchogue,NY 11935 Please take notice that your application dated June 7, 2023: For permit: demolish(as per Town Code definition)and reconstruct a single-family dwelling at: Location of property: 980 Oak Avenue, Southold,NY County Tax Map No. 1000—Section 77 Block 1 Lot 6 Is returned herewith and disapproved on the following grounds: The proposed construction, on this nonconforming_9,800 square foot lot in the Residential R-40 District, is not permitted pursuant to Article XXIII Section 280-124, non-conforming lots,which states lots measuring less than 20,000 square feet in total size require a minimum side yard setback of 10 feet. The proposed minimum side yard setback is 5.5 feet. Additionally,the proposed construction is not permitted pursuant to 280-208(A)which states. "Au building or structure on any lot in the A-C, R-40, R-80, R-120, R-200, and R-400 Zoning Districts must be within the sky plane." The proposed construction exceeds the permitted sky plane. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file,Z.B.A. APPLICATION TO THE SOUTHOLD TOWN BOARD OF AREA VARIANCE = ' /'6 " House No. 980 Street OAK AVENUE Hamlet SOUTHOLD NOV IS 2023 SCTM 1000 Section: 077.00 Block: 01.00 Lot(s) 006.000 Lot Size: I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 10/16/2023 BASED ON SURVEY/SITE PLAN DATED 8/8/2023 Owner(s): BRIAN W. FLANAGAN AND LAURA K. FLANAGAN Mailing Address: 55 SAINT ANDREWS DRIVE, HUNTINGTON, NY 11743 Telephone: 631-487-2457 Fax: N/A Email: BFLANO@AOL.COM NOTE:In addition to the above,please complete below if application is signed by applicant's attorney,agent, architect,builder,contract vendee,etc.and name of person who agent represents: Name of Representative: MARTIN D. FINNEGAN, ESQ. for(0 Owner( ) Other: Address: PO BOX 1452, 13250 MAIN ROAD, MATTITUCK, NY 11952 Telephone: 631-315-6070 Fax: N/A Email: MFINNEGAN@NORTH FORK.LAW Please check to specify who you wish correspondence to be mailed to,from the above names: ( )Applicant/Owner(s), (y)Authorized Representative, ( ) Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 8/8/2023 and DENIED AN APPLICATION DATED 6/7/2023 FOR: (y)Building Permit ( ) Certificate of Occupancy ( )Pre-Certificate of Occupancy ( ) Change of Use ( )Permit for As-Built Construction ( ) Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article:XXIII Section:280 Subsection: 124; 208(A) Type of Appeal. An Appeal is made for: (0 A Variance to the Zoning Code or Zoning Map. ( )A Variance due to lack of access required by New York Town Law- Section 280-A. ( )Interpretation of the Town Code,Article Section ( )Request for Reversal or Overturn the Zoning Officer's Denial Other A prior appeal(y)has, ( ) has not been made at any time with respect to this property, UNDER Appeal No(s). 6845 Year(s). 2015 (Please be sure to research before completing this question or call our office for assistance) Page 2, Area Variance Application Revised 6/2023 ± NOV 1.9 2023 $� REASONS FOR APPEAL (Please be specific, additional sheets may be used with preparer's signature notarized): 1. An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to - nearby properties if granted, because: SEE ATTACHED NARRATIVE. 2. The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance,because: SEE ATTACHED NARRATIVE. 3. The amount of relief requested is not substantial because: SEE ATTACHED NARRATIVE. 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: SEE ATTACHED NARRATIVE. 5. Has the alleged difficulty been self created? { } Yes,or { } No Why: SEE ATTACHED NARRATIVE. • Are there any Covenants or Restrictions concerning this land? { } No (VI Yes(please_furnish a copy) • This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. By signing this document,the PROPERTY OWNER understands that pursuant to Chapter 280- 146(B)of the Code of the Town of Southold,any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured,and/or a subdivision map has not been filed with the Suffolk County Clerk,within three(3)years from the date such variance was granted. The Board may,upon written request prior to the date of expiration,grant an extension not to exceed three(3)consecutive one(1)year terms. IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE TC01ANCE WITH THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN. Signature of Applicant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn to before me this day SCHWEITZER ANNALISE Of NOVEMBER 20 23 NOTARY PUBLIC-STATE OF NEW YORK ' a NO.01SC6409457 QUALIFIED Notary Public LIED IN SUFFOLK COUNTY MY COMMISSION EXPIRES SEP 28,20 Z ATTACHMENT TO AREA VARIANCE APPLICATION OF BRIAN W. AND LAURA K. FLANAGAN REASONS FOR APPEAL: ✓�`�� NOV 16 2023 The Applicants are appealing the Building Inspector's Notice of Disapproval last renewed on October 16, 2023, concerning an application for a build �ranit�to elevate their existing home and add a rear deck addition on the exisfing- _ nonconforming footprint of the structure that lies 5.5 feet from the eastern property line. The elevation of the house will also result in a slight deviation from the required sky plane. The relief sought will enable the Applicants to renovate this very modest home and create functional outdoor living space. The subject property is a non-conforming 9800 SF parcel in the R40 zoning district. It is 70'wide and 140'deep and lies between Oak Avenue and Goose Creek in Southold. Relief is sought to achieve FEMA compliance and upgrade the home that has fallen into significant disrepair. A prior variance was granted for a similar project in 2015 by way of ZBA#6845 but the construction was never completed. It is noteworthy that the Applicants had considered shifting their home to the west to avoid the need for side yard variance relief. A pre-submission conference was conducted with the Trustees on 10/11/23 to review that plan. At the conference, the Trustees advised the Applicants that they should raise the house on its existing footprint as shifting the house would trigger compliance with the recently enacted pier line regulation which would significantly reduce the already modest size of the home. The Trustees also commented that the relocation would be more environmentally impactful than utilizing the current footprint. A copy of the Trustees' Field Inspection Report has been submitted for the record. For the following reasons, the Applicants submit that Variances from Section 280-124 and 280-208(A) are warranted: 1. An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The surrounding neighborhood is characterized by similar sized one and two story waterfront dwellings with decks constructed on substandard lots, many of which have been renovated. All construction will take place within the footprint of the existing structure except for the proposed deck addition. Although there will be a deminimus exceedance of the sky plane, the Applicants submit that the elevation of the house to achieve FEMA compliance will not produce an undesirable change in the character of the neighborhood and the renovation of the dilapidated home will be a net positive to nearby properties. 2. The benefit sought by the Applicant CANNOT be achieved by some feasible method for the applicant to pursue other than an area variance, because: The setbacks of the home have been nonconforming for many years. The original house was constructed in 1963 before the implementation of the current bulk schedule requirements. Because the construction is deemed a demo by Town Code I definition, variance relief is required despite the fact that there will be no increase,-im the nonconformity of the existing setbacks. v -� ��� 3. The amount of requested relief is not substantial because: NOV202 While a variance for the side yard (45%) would seem substantial'for grolInd'` a level disturbance, it is not in this instance since the construction will only increase the height of the house to achieve FEMA compliance and result in a structure that is similar to many other homes in the surrounding neighborhood. The sky plane relief required is deminimus. 4. The variance will NOT have an adverse impact on the physical or environmental conditions in the neighborhood or district because: As stated previously, the pre-existing nonconforming setbacks were established years ago when the home was constructed. There are numerous other two-story homes with similar setbacks in the neighborhood. There is no perceivable environmental impact from the proposed construction. In fact, the Trustees opined on inspection that raising and renovating the house within its current footprint would be less impactful than relocating the house to a conforming location. S. Has the alleged difficulty been self-created? Even if it is determined that the difficulty is self-created, the Applicants are seeking relief to raise their home to achieve FEMA compliance and to maintain the existing footprint of the home. To the extent that the difficulty is self-created, pursuant to New York Town Law §267-b (3), a self-created hardship "shall not necessarily preclude the granting of an area variance." Received ZONING BOARD OF APPEALS JAN 2 9 2024 TOWN OF SOUTHOLD ---------------------------------------------- In the Matter of the Application of ----------- Zoning Board of Appeals BRIAN W. AND LAURA K. FLANAGAN ZBA FILE #7874 For a variance from the requirements of Sections 280-124 and 280-208(A) of the Code of the Town of Southold ---------------------------------------------------------X MEMORANDUM OF LAW OF APPLICANTS, BRIAN AND LAURA FLANAGAN, 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: January 29, 2024 1 STATEMENT OF FACTS The Applicants are appealing the Building Inspector's Notice of Disapproval last renewed on October 16, 2023, concerning an application for a building permit to elevate their existing home and add a rear deck addition on the existing nonconforming footprint of the structure that lies 5.5 feet from the eastern property line. The elevation of the house will also result in a slight deviation from the required sky plane. The relief sought will enable the Applicants to renovate this very modest two-bedroom home and create functional outdoor living space. The subject property is a non-conforming 9800 SF parcel in the R40 zoning district. It is 70'wide and 140' deep and lies between Oak Avenue and Goose Creek in the Goose Creek Estates Subdivision in Southold. Relief is sought to achieve FEMA compliance and upgrade the home that has fallen into significant disrepair. A prior bulkhead setback variance was granted for a similar project in 2015 by way of ZBA#6845 but the construction was never completed, and the property was sold by the previous owner. It is noteworthy that the Applicants had considered shifting their home to the west to avoid the need for side yard variance relief. A pre-submission conference was conducted with the Trustees on 10/11/23 to review that plan. At the conference, the Trustees advised the Applicants that they should raise the house on its existing footprint as shifting the house would trigger compliance with the recently enacted pier line regulation which would 2 significantly reduce the already modest size of the home. The Trustees also commented that the relocation would be more environmentally impactful than utilizing the current footprint. A copy of the Trustees' Field Inspection Report has been submitted for the record. For the following reasons, the Applicants submit that variances from the 10 foot setback requirement in Section 280-124 and the sky plane regulation in 280-208(AO) are warranted. POINT I THE APPLICANTS HAVE MET THE TEST FOR THE GRANT OF AN AREA VARIANCE SET FORTH IN TOWN LAW §267-B Under §267-B, the Applicants must demonstrate compliance with the following standards to be eligible for the issuance of a variance: (a) whether the grant of the variance will cause an undesirable change in the character of the neighborhood or will create a detriment to nearby properties; (b) whether the benefits sought by the applicant can be achieved by some method feasible for the applicant to pursue other than an area variance; (c) whether the requested area variance is substantial; (d) whether the grant of the variance will have an adverse effect or impact upon the physical or environmental conditions in the neighborhood or in the affected area of the Town; and (e) whether the difficulty causing the applicant to request an area variance was self-created which consideration shall be relevant to the determination of the Board but shall not necessarily preclude the grant of the variance. It is respectfully submitted that under the facts and circumstances 3 presented here, the Applicants can clearly meet the standards set forth in Town Law §267-B and as a result, the relief requested herein should be granted. 1. The Grant Of The Variance Will Not Cause An Undesirable Change In The Character Of The Neighborhood Or Create Detriment to Nearby Properties. The surrounding neighborhood is characterized by one- and two-story waterfront dwellings with decks constructed on substandard lots, many of which have been renovated. There are nearby homes that have obtained side yard setback relief necessitated by the substandard size of the lots in Goose Creek Estates. (See, ZBA # 2455 (7'3" side yard setback); ZBA # 3962 (8' side yard setback); ZBA # 5097 (6' side yard setback) and ZBA #6599 (67" side yard setback). Here, all construction will take place within the footprint of the existing structure except for the proposed deck addition, although the deminimus exceedance of the sky plane will be essentially imperceptible as the house will remain extremely modest in size. Based on the 13 letters of support submitted for the record, the Applicants submit that the elevation of the house to achieve FEMA compliance will not produce an undesirable change in the character of the neighborhood and the renovation of the dilapidated home will be a net positive to nearby properties since it will vastly improve the aesthetics of the existing dilapidated structure. 2. The Benefits Sought to Be Achieved by Applicant Cannot Be Feasibly Achieved by Some Method Other Than the Requested Area Variance The benefit the Applicants are seeking to achieve is a simple renovation 4 of their 922 SF home and the addition of a deck which is a customary and incidental addition to a residential home. The setbacks of the home have been nonconforming for many years. The original house was constructed in 1963 before the implementation of the current bulk schedule requirements. Because the construction is deemed a demo by Town Code definition, variance relief is required despite the fact that there will be no increase in the nonconformity of the existing setbacks. The slight elevation of the home to achieve FEMA compliance triggered the need for a deminimus sky plane variance. Based on the Trustees' analysis of the project and potential impacts, it is not feasible to move the house to avoid variance relief since compliance with the pier line regulation would require the removal of a significant portion of the already limited living space in the home. 3. The Area Variance Sought is Not Substantial. While a variance for the side yard (45%) would seem substantial for ground level disturbance, it is not in this instance since the construction will only increase the height of the house to achieve FEMA compliance and result in a structure that is similar to many other homes in the surrounding neighborhood. As stated previously, the Applicants submit that the required sky plane relief required is deminimus. 4. The Grant of the Variance Will Not Have an Adverse Impact on the Physical or Environmental Conditions in the Neighborhood or District. As stated previously, the currently existing setbacks are pre-existing 5 nonconforming to the current requirements, and the degree of non-conformity is not being increased. There are numerous other two-story homes with similar setbacks in the neighborhood. There is no perceivable environmental impact from the proposed construction. In fact, the Trustees opined on inspection that raising and renovating the house within its current footprint would be less impactful than relocating the house to a conforming location. It is respectfully submitted that the granting of variance relief will not have an adverse impact on the physical conditions in the neighborhood and, as a Type II action, there is no perceivable environmental impact stemming from the proposed renovation. In addition, the Applicants will be upgrading to an I/A low-nitrogen sanitary system, resulting in a net environmental benefit from this project. S. The Self Created Nature Of the Alleged Difficulty Should Not Preclude the Granting of Area Variance Relief. Even if it is determined that the difficulty is self-created, the Applicants are seeking relief to raise their home to achieve FEMA compliance and to maintain the existing footprint of the home. To the extent that the difficulty is self-created, pursuant to New York Town Law §267-b (3), a self-created hardship "shall not necessarily preclude the granting of an area variance." 6 CONCLUSION For,the reasons set forth herein, it is respectfully submitted that the standards of Town Law Section 267-B have been met and, as such, relief from the requirements set forth in Southold Town Code Section 280-124 is warranted. Dated: Mattituck, New York January 29, 2024 Respectfully Submitted, FINNEGAN LAW, P.C. Attorne�fvr-Applic t Martin D. Finn gan, Esq. 7 Zoning Board of Appeals APPLICANT'S PROJECT DESCRIPTION APPLICANT:BRIAN W. FLANAGAN AND LAURA K. FLANAGAN SCTM No. 1000-077.00-01.00-006.000 1.For Demolition of Existing Building Areas Please describe areas being removed:N/A-HOUSE TO BE ELEVATED FOR FEMA COMPLIANCE WITHIN E�ISTINGFOOTPRINT yuv nB . II.New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: 50SF COVERED FRONT PORCH; 388SF REAR DECK Dimensions of new second floor: N/A Dimensions of floor above second level: N/A Height(from existing natural grade):17'AFTER ELEVATION Is basement or lowest floor area being constructed?If yes,please provide height(above ground)measured from natural existing grade to first floor: N/A III.Proposed Construction Description(Alterations or Structural Changes) (Attach extra sheet if necessary). Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: ONE-STORY SINGLE-FAMILY RESIDENCE Number of Floors and Changes WITH Alterations: ONE-STORY SINGLE-FAMILY RESIDENCE WITH FRONT ENTRYWAY AND REAR DECK. IV. Calculations-of building areas and lot coverage,sky plane(From Surveyor,Design Professional): Existing square footage of buildings on your property: 922.6SF Proposed increase of building coverage: 438SF Square footage of your lot: 9,800SF Percentage of coverage of your lot by building area(lot coverage) EXISTING -9.41%; PROPOSED - 13.87% Gross Floor Area(GFA) of single family dwelling including the attached garage and/or habitable detached accessory structure: (Please refer to Chapter 280, Section 280-207 of the Town Code): 922.6SF For Residential lots, is project within the allowable Sky Plane?(Please refer to Chapter 280, Section 280-208 of the Town Code): NO. SLIGHT EXCEEDANCE ON EAST SIDE DUE TO ELEVATION OF HOUSE. V.Purpose of New Construction: ACHIEVE FEMA COMPLIANCE: CREATE FUNCTIONAL FRONT ENTRYWAY AND OUTDOOR RECREATIONAL SPACE FOR FAMILY. VI.Please describe the land contours(flat,slope %, heavily wooded, marsh area,etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): Describe on separate page if needed: FLAT. Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction,and photos of building area to be altered with yard view. Revised 6/2023 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION 1� A. Is the subject premises currently listed on the real estate market for sale? Yes V No "MV I , 2023 B. Are there any proposals to change or alter land contours? V No Yes, please explain on separate sheet. - z-3 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 BOARD OF TRUSTEES for its determination of jurisdiction? YES Please confirm status of your inquiry or application with the Board of Trustees: PENDING ZBA REVIEW If issued, please attach copies of your permit listing conditions of approval with a copy of the approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? No If any of the aforementioned items exist on your property, please show them on a site plan. F. Are there any construction projects currently in process on your property? No If yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe scope of work: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If none exist,please apply to the Building Department to obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? No If yes, please label the proximity of your lands on your survey and identify the Suffolk County Tax Map No. I. Please list present use or operations conducted at your property, and/or the proposed use EXISTING SINGLE-FAMILY DWELLING;SAME WITH ENTRYWAY AND DECK. J. (examples:existing single family,proposed:same with garage,pool or other) 11/ � /2023 Autved-signature Date FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOV I 2023 CERTIFICATE OF OCCUPANCY j j�—.�-) No. ............ Date ....................May.......22................. 19... THIS CERTIFIES that the building located at 4XI11%.....0alt-DriVe......................... ........... Street S av Map Rod...&L.J3 Fjotlock No. .......X=........ Lot No.V-29-7-300,......southaaAt...X, 76v.. ..... ........ conforms substantially to the Application for Building Permit heretofore filed in"this office dated ...............................October....a4.......... 19.462.. pursuant to which Building Permli,,No. ....Z&92) dated ......................... and conforms to all at requirements ,r-.25..... 19-62., was issued of the applicable provisions of the low. The occupancy for which this certificate:'Is !�suecl is ........ ........ ...ona..f4twi.1y..dwe-lllng...... ...............................................................I................. The certificate is issued to ...11.1ortence..Tr.ownsa:Lj..................0�mas ........ ................ (owner, lessee or tenant), 'j of the aforesaid building. ...............................................y;..... ....+:t................ Building Insp 6�or FORM NO.4 TOWN OF SOUTHOLD BUILDING DEPARTMENT ✓1, Town Clerk's Office NOV It Z�Z� Southold, N.Y. Certificate Of Occupancy No. . . . . . . 210053. . . Date . . . . . . . July'. 29. . . . . . . . . . . . . . .. 1989. THIS CERTIFIES that the building . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Location of Property 980 Oak Drive Southold, N.Y. House No. Street Hamlet County Tax Map No. 1000 Section . . . 077 . . . . .Block . . . . . . . . . .Lot . . . . , 006 Subdivision . . .Gose Bay Estates . , , , , .Filed Map No. . . . . . . . .Lot No.ko� 297 & Loo, 300 conforms substantially to the Application for Building Permit heretofore filed in this office dated duly 8 . , , , , . , 19q?. pursuant to which Building Permit No. . . .1 07702 . . . . . . . . . dated . . . . • • • • • • • • • • • • • • . • • 198.P. ,was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is . . . . . . . . . One Family Dwelling with addition and alteration. . . . . . . . , . „ . The certificate is issued to . . . . . . . . . . . . . .92?arle 8 Trownsell . . . . . . . (owner �r1+�7C of the aforesaid building. Suffolk County Department of Health Approval . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . UNDERWRITERS CERTIFICATE NO. . . . . . . . . . . . . .P90ing. , . . . . . . . , , . , , , , . , , , , , , , . . , . Building Inspector Rev 4/79 Glenn Goldsmith,Pftstaent O\pg�fFO(�COG Town Hall Annex A.Nicholas Krupski,Vice President �� y< ` 54375 Route 25 0 Eric Sepenoski ,? P.O.Box 1179 Liz Gillooly �y • �� Southold,NY 11971 Elizabeth Peeples -T Iep�ion�63IJ765=1892-- Fax(M.1;0:65-'6"ilh) n(k Southold Town Board of Trustees SOV 2023 J l Field Inspection Report Daterrime: l0 it ^3 Completed in field by: Martin Finnegan, Esq. on behalf of BRIAN W. $ LAURA K. FLANAGAN requests a Pre-Submission Inspection to discuss slightly relocating (5'to the west to be conforming), and raising the dwelling to be FEMA compliant along with other new proposed construction. Located: 980 Oak Avenue, Southold. SCTM# 1000-77-1-6 Type of area to be impacted: Saltwater Wetland Freshwater Wetland Sound Bay Part of Town Code proposed work falls under: Chapt. 275 Chapt. 111 other Type of Application: V/ Wetland Coastal Erosion Amendment Administrative Emergency Pre-Submission Violation Notice of Hearing card posted on property: Yes No Not Applicable Info needed/Modifications/Conditions/Etc.: Gvnren+ pmposa1 -6 move Inousr sny4k away CMM +I%P,wv►� r:vj lire i-ARQGY cam lLe ce. ti ew lme- u%n ZBP(it aAILIVI rAmr V&f he u Se t o a- Uh. Pro nos A '34�a -w3 joh :ssi" D �o uv►da�lsn, Present Were: ✓ G. Goldsmith v-1 N. Krupski ?� E. Sepenoski v/L. Gillooly : /E. Peeples BARGAIN and SA E DEED,wi Covenant against Grantor's Act-Individual or Corporation ��0 2823 CONSULT YOUR AwYEI 'FORE SIGNING TIIIS INSTRUMEN'r-THIS INSTRUMENT SHOULD BE USED B�LA VERS ONLM THIS INDENTURE,made the 5`h day of June,Two Thousand and Twenty,-Thr 0 BETWEEN TEAMC99A PROPERTIES,LLC,residing at 24 Jaynes Way,Wading River, New York 11792 party of the first part,and BRIAN W. FLANAGAN AND LAURA K.FLANAGAN, husband and wife, residing at 55 Saint Andrews Drive,Huntington,New York 11743 party of the second part, WITNESSETH,that the party of the first part,in consideration of Ten Dollars($10.00)and other valuable consideration paid by the party of the second part,does hereby grant and release unto the party of the second part,the heirs or successors and assigns of the party of the second part forever, District: 1000 Section: 077.00 SEE"SCIIEDULE All ATTACHED HERETO Block: 01.00 Lot: 006.00 BEING and intended to be the same premises conveyed to party of the first part by Deed dated September 1, 2017 and recorded on October 5,2017 in Liber 12932 Page 616. SAID PREMISES KNOWN AS 980 Oak Avenue,Southold,New York 11971 TOGETHER with all right,title and interest,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 unto the party of the second part,the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party 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 party of the first part,in compliance with Section 13 of the Lien Law,covenants that the party of the first part wil I receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word"party"shall be construed as if it read"parties"whenever the sense of this indenture so requires. NOV 142023 THE JUDICIAL TITLE INSURANCE AGENCY LLC Title Number: 149579FA-S SCHEDULEA Amended 05/23/2023 ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, known and designated as and by the southwesterly half of Lot No. 297, Lot Nos. 298,299 and 300, on a certain map entitled, "Map of Goose Bay Estates", in the Town of Southold, Suffolk County, New York, said map being made by Lewis N.Waters, L.S. of Oyster Bay, L.I., New York, dated September 12, 1934 and filed in the Office of the Clerk of the County of Suffolk on the 13th day of November, 1934, as and by the Map No. 1176, said lots and part of lot when taken together being bounded and described as follows; BEGINNING at a point on the northwesterly side of Oak Avenue, distant 399.68 feet southwesterly as measured along the northwesterly side of Oak Avenue from the corner formed by the intersection of the northwesterly side of Oak Avenue and the southwesterly side of Cedar Avenue; RUNNING THENCE along the northwesterly side of Oak Avenue, south 45 degrees 24 minutes 40 seconds west, 70.00 feet to a concrete monument and the division line between Lot No. 300 and Lot No.301 on the above mentioned map and being land now or formerly of Dominick Basile and Donna C. Basile; THENCE along the last mentioned division line, north 44 degrees 35 minutes 20 seconds west, 140.00 feet to an unnamed street, as shown on the above mentioned filed map; THENCE along the unnamed street, north 45 degrees 24 minutes 40 seconds east,70.00 feet to land now or formerly of Alexander R. LeDonne and Pauline LeDonne; THENCE through Lot No. 297 and along the last mentioned land, south 44 degrees 35 minutes 20 seconds east, 140.00 feet to the northwesterly side of Oak Avenue,the point STATE OF NEW YORK,COUNTY OF SUFFOLK ivy J .�" NOV 1'6 2023 On this - day of June,2023,before me,the undersigned,personally appeared CHRISTOPHER JOSEPH, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies) and that by his/her/their signature(s)on the instrument,the individual(s),or the person on behalf of which the individual(s) acted,executed the instrument. (NOTARY UBLIC) ELIZABETH A.MARTINEZ Notary Public,State of New York No.01 MA4716913 Qualified in Suffolk County Commission Expires June 30,2028 DISTRICT: 1000 Bargain and Sale Deed WITH COVENANT AGAINST GRANTOR'S ACT SECTION: 077.00 U TITLE NO: j�la �')-! VA- A--5-------------------- T� ni C9 BLOCK: 01.00 C, Yr � e�p",LGA LOT: 006.00 CHRISTOPHER JOSEPH,PRESIDENT COUNTY OR TOWN:SOUT iOLD/SUFFOLK TO BRIAN W.FLANAGAN AND LAURA K.FLANAGAN -------------------------------------------------------------------------- RECORD &RETURN: BOARD MEMBERSSouthold Town Hall hO��Of SoplG • Leslie Kanes Weisman,Chairperson 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Horning 0 54375 Main Road(at�_9ungs Avenue) Kenneth Schneider CQ � guthold,NY 1,1971 U , i t http://southoldtown.northfork.net Nov ZONING BOARD OF APPEALS R_Q ED TOWN OF SOUTHOLD �' " g 3dAJl� Tel.(631)765-1809-Fax(631)765-9064- MA 2 9201 FINDINGS,DELIBERATIONS AND DETERMINATIOL.L , MEETING OF MAY 21,2015 e1uatJh4ot1cdtrTbwn Clerk ZBA FILE: 6845 NAME OF APPLICANT: Richard Trownsell,David Trownsell,Karen Feuerman PROPERTY LOCATION: 980 Oak'Avenue(adj,to Goose Creek), Southold,NY SCTM# 1000-77-01-06 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the.State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated February 6, 2015 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated March 26, 2015. 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 our recommendation that the prop6sed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: Subject property is located in the R40 Zone District containing 9800 sq. ft. and is non-conforming. It is improved with a one story framed dwelling. It has 70.00 feet of frontage on Oak Avenue, 140.00 feet along the western property line, 70.00 feet on Goose Creek and 140.00 feet along the eastern property line as shown on the survey dated May 15, 2013 last revised May 5, 2015 prepared by Nathan Taft Corwin,III,LS. BASIS OF APPLICATION: Request for Variances from Article XXIII Section 280-124 and Article XXII Section 280-116B and the Building Inspector's December 22, 2014 Notice of Disapproval based on an application for building permit for demolition and reconstruction of a dwelling with deck addition, at; 1) less than the code required minimum single side yard setback of 10 feet,2) less than the code required bulkhead setback of 75 feet. RELIEF REQUESTED: The applicant requests a variances for demolition and reconstruction of a dwelling with a deck addition at 66 feet from the bulkhead where the code requires 75 feet and a side yard setback of 5.5 feet where the code requires a minimum side yard setback of 10 feet. AMENDED APPLICATION: During the hearing,the applicant was asked to bring the plan into more conformity with the code. The applicant, on May 6, 2015, submitted a plan increasing the bulkhead setback to 69.4 feet and eliminated the need for a side yard setback variance,bringing the plan into more conformity with the codes. Page 2 of 3—May 21,2015 ZBA#6845—Trownsell/Feuerman SCTM#1000-77-1-6 All as shown on the Survey/Site Plan prepared by Nathan Taft Corwin, III, L.S., dated Ma�3BS,=2013`and LAST REVISED May 5,2015, amending the original application. .� NOV FINDINGS OF FACT/REASONS FOR BOARD ACTIOIv�;j,,,; The Zoning Board of Appeals held public hearings on this application on April 2,2015 and May 7, 2015, at which time written and oral evidence were presented. Based upon all testimony, documentation,personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law &267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed dwelling and deck addition will be similar to dwellings that exist in this neighborhood,therefore causing no change to this neighborhood's character. 2. Town Law V67-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 septic system restricts the applicant from locating the proposed dwelling at a conforming bulkhead setback. 3. Town Law §267-b(3)(b)(3). The variance granted herein for a bulkhead setback is not mathematically substantial,representing 8%relief from the code. 4. Town Law X267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management. 5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 4267-b. Grant of the requested relief, pursuant to the Amended Application, is the minimum action necessary and adequate to enable the applicant to enjoy the- benefit of constructing a new dwelling with deck addition, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Schneider, seconded by Member Dantes, and duly carried,to GRANT, the variance as applied for, pursuant to the Amended Application, and shown on the Survey/Site Plan prepared by Nathan Taft Corwin, III, L.S., dated May 15, 2013 and LAST REVISED May 5, 2015, amending the original application. 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(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. 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. Page 3 of 3—May 21,2015 ZBA#6845—Trownscll/Feuerman SCTM#1000-77-1-6 Pursuant to Chapter 180-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured,and/or a subdivision map has not been filed with the Suffolk County Clerk,within three(3)years from the date such variance was granted. The Board of Appeals may,upon written request priorAo-the-datetf expiration, grant an extension not to exceed three(3) consecutive one(1)year terms. ,', ` = `.% NOV 1.1..6 2023 Vote of the Board: Ayes:Members Horning,Dante, Goehringer and Schneider. Absent was:,Member,Weipnan., (Chairperson). This Resolution was dulyadopted(4-0). �� 6 LDIVY Leslie Kanes Weisman, Chairperson Approved for filing /a 7 /2015 i DECLARATION OF COVENANTS NOVv1:6'-2023 ZO THIS DECLARATION made this 0 3 day of K —� 2020;_by TEAIViC99A Properties LLC,whose mailing address is c/o Christopher Joseph,Member,24 Jaynes Way,Wading River, NY 11792,hereinafter referred to as"DECLARANT": WITNESSETH: WHEREAS,DECLARANT is the owner of certain real property located at 980 Oak Avenue, Town of Southold,County of Suffolk,State of New York,described in the Suffolk County Tax Map as District 1000,Section 77,Block 1,Lot 6,which is more particularly bounded and described as set forth in Schedule"A"annexed hereto,hereinafter referred to as the Property;and WHEREAS,the Property is situated on lands within the jurisdiction of the Board of Trustees of the Town of Southold(hereinafter the"Trustees")pursuant to Chapter 275 of the Town Code of the Town of Southold or its successor, and various activities conducted upon the property may thus be subject to the regulation and approval of the Trustees prior to being conducted;and WHEREAS,the DECLARANT therefore made application to the Trustees for a permit pursuant to the Wetlands Law of the Town of Southold to undertake certain regulated activities;and WHEREAS,on February 12,2020,the Trustees approved the application and issued a permit with terms and conditions;and WHEREAS,the issued permit,terms and conditions of the permit,as well as the site plan prepared by Sherman Engineering&Consulting,P.A.,last dated February 7,2020,and stamped approved on February 12,2020 upon which the permit is based,are annexed hereto as Schedule"B;"and r N .yam+ WHEREAS,as a condition of the granting of a Wetlands Permit to undertake such regulated activities,the Trustees required that the existing,approximately twenty-foot wide"non-turf buffer"be perpetually maintained adjacent to the bulkhead,as depicted on the site plan prepared by Sherman Engineering&Consulting,P.A.,last dated February 7,2020,and stamped approved on February 12,2020; and WHEREAS,the DECLARANT has considered the foregoing and have determined that the same will be for the best interests of the DECLARANT and subsequent owners of the Property, NOW,THEREFORE,the DECLARANT does hereby covenant and agree as follows: 1) Upon the substantial completion of the aforementioned permitted activities,the existing, approximately twenty-foot wide"non-turf buffer,as defined by Chapter 275 of the Town Code,"will be perpetually maintained adjacent to the bulkhead as depicted on the site plan prepared by Sherman Engineering&Consulting,P.A., last dated February 7,2020,and stamped approved on February 12,2020. 2) The DECLARANT shall at all times comply with the Terms and Conditions of the permit, a copy of which is attached hereto in Schedule`B"annexed hereto. 3) These covenants shall run with the land and shall be binding on the DECLARANT,their heirs,assigns,purchasers,or successors in interest and may be modified only upon resolution of the Board of Trustees. (THIS SPACE LEFT BLANK INTENTIONALY) 2 - IN WITNESS WHEREOF, the owner has duly executed this instnunent--tins 3 4' 2020. .--,---r�•_J '- 1, Nov 2023 TeamC99A Properties LLC Christopher Joseph,Member STATE OF �yj 1p� ss: COUNTY OF 51/t- 6 A On the J3 day of tx'� ,in the year 2020,before me the undersigned,a Notary Public in and for said State,personally appeared Christopher Jose , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity,and that by his signature on the instrument, the individual or the person on behalf of which the individual a executed the instrumen Notary Public Wistopher Hodeila Notary Public,State of New Yolk No.02HO6147106 Qualified reSuffolk 0513fL4 � Comm P' 3 AGRICULTURAL DATA STATEMENT ' ZONING BOARD OF APPEALS ! NOV L6 2023 TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This form must be completed by the applteniri for-at y-speciciFu'�e, D permit,site plan approval, use variance, area variance or subdivision approval on propertywith-hi 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: BRIAN W. FLANAGAN AND LAURA K. FLANAGAN 2. Address of Applicant: 55 SAINT ANDREWS DRIVE, HUNTINGTON, NY 11743 3. Name of Land Owner(if other than Applicant): N/A 4. Address of Land Owner: N/A 5. Description of Proposed Project:ELEVATION AND INTERIOR ALTERATIONS OF EXISTING SINGLE-FAMILY DWELLING; ADDITION OF DECK AND COVERED FRONT ENTRYWAY. 6. Location of Property: (Road and Tax map Number)980 OAK AVENUE, SOUTHOLD, NY 11971 SCTM 1000-077.00-01.00-006.000 7. Is the parcel within 500 feet of a farm operation? { } Yes JvJ No 8. Is this parcel actively farmed? { } Yes {vJ No 9. Name and addresses of any owner(s) of land within the agricultural district containing active farm operations. 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 I. 2. 3. 4. 5. 6. (Plea e a of this page if there are additional property owners) 11 X2023 Signatu of ►cant Date Note: 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. 617.20 Appendix B Short Environmental Assessment Form — Instructions for Completing Part 1-Project Information. The applicant or project sponsor is responsible for4he com�QLUP12?l. 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 investjgati �would4 b4 riegd-ed'to Cully respond to any item,please answer as thoroughly as possible based on current information J""? _ _-- 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: FLANAGAN ADDITIONS, ALTERATIONS & ELEVATION Project Location(describe,and attach a location map): 980 OAK AVENUE, SOUTHOLD, NY 11971 - SCTM 1000-077.00-01.00-006.000 Brief Description of Proposed Action: ELEVATION AND INTERIOR ALTERATIONS OF EXISTING SINGLE-FAMILY DWELLING TO ACHIEVE FEMA COMPLIANCE; ADDITION OF COVERED FRONT ENTRYWAY AND REAR DECK. Name of Applicant or Sponsor: Telephone: 631-315-6070 MARTIN D. FINNEGAN, ESQ. E-Mail: MFINNEGAN@NORTH FORK.LAW Address: PO BOX 1452, 13250 MAIN ROAD City/PO: State: Zip Code: 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 may be affected in the municipality and proceed to Part 2. If no,continue to question 2. V 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 BOARD OF TRUSTEES -WETLAND PERMIT 3.a.Total acreage of the site of the proposed action? 0.22 acres b.Total acreage to be physically disturbed? 0.03 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 0.22 acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑ Rural(non-agriculture) ❑Industrial ❑ Commercial 9 Residential(suburban) ❑ Forest ❑Agriculture d Aquatic ❑ Other(specify): ❑Parkland Page 1 of 4 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? V b. Consistent with the adopted comprehensive plan? V 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? - -- - V 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical'EnVitoninental Area? NO YES If Yes, identify: NOV it 2023 i V 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES b.Are public transportation service(s)available at or near the site of the proposed action? c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? V 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: V 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: V 11. Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: V 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? V b. Is the proposed action located in an archeological sensitive area? 13. a. Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? V b. Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? J If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Id ntify 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 El 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? V 16. Is the project site located in the 100 year flood plain? NO YES V 17. Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, V a. Will storm water discharges flow to adjacent properties? R(NO ❑YES b. Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO DYES Page 2 of 4 18.Does the proposed action include constm-.:.;.i or other activities that result in the impounL.. '.A of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: 19.Has the site of the proposed action or an adjoining property been the lgcation oPan,active or'closed O YES solid waste management facility? If Yes,describe: wnu to zo23 1� 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsorname: M FINNEGAN Date: 11/ " /2023 Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 N ,or Moderate small to large NOV 14 2023 impact impact mpy may occur occur 10. Will the proposed action result in an increase in the potential for erosio4T;fYb'dir<g�� tiiiagdv` 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 Board of Zoning Appeals Application—__ Ik OWNER'S AUTHORIZATION NOV 1.6 2023 (Where the Applicant is not the Owner) BRIAN W. FLANAGAN g80 OAK AVENUE, IAND LAURA K. FLANAGAN residing at (Print property owner's name) (Mailing Address) SOUTHOLD, NY 11971 do hereby authorize MARTIN D. FINNEGAN (Agent) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. By signing this document,the Properly Owner understands that pursuant to Chapter 280- 146(B)of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured,and/or a subdivision map has not been filed with the Suffolk County Clerk,within three(3)years from the date such variance was granted. The Board of Appeals may,upon written request prior to the date of expiration,grant an extension not to exceed three(3)consecutive one(1)year terms. IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE CODE REQUIRED TDIE FRAME DESCRIBED HEREIN. 4-,V-v�, 4 �, BRI W. FLAVA AN r UR K. FLANAGAN APPLICANT/OWNER Nov 14 2023 TRANSACTIONAL DISCLOSURE FORM b The Town of Southold's Code of Ethics prohibits conflicts of interest on the cart of townoflieler and`etnolot ''.The`auraose of this form is to provide information which can alert the town of possible conflicts of interest and-allow-it to take wha et-vec action is necessary to avoid same. YOURNAME: BRIAN W. FLANAGAN AND LAURA K. FLANAGAN (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 X 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 X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this 7 day of September ,2023 Signature Print Name BRIAN W. FLANAGAN LAU FLANAGAN A1OV AGENUREPRESENTATIVE 2023 TRANSACTIONAL DISCLOSURE U'W�bJ The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employe she nurnose 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 : MARTIN D. FINNEGAN (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance V Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship" includes by blood,marriage,or business interest. "Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5% of the shares. YES NO V 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 4t Submitted this day of IOVEMBER,20 23 Signature Print Name MARTIN D. FINNEGAN Town of Southold 7" ;ID LWRP.CONSISTENCY ASSESSMENT FORM i NOV 16 2023 A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies,--shall--complete for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 077.00 _01.00 _006.000 The Application has been submitted to (check appropriate response): Town Board El PlanningDept. ZONING BOARD p 0 Building Dept. 0 Board of Trustees � �OF APPEALS 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: ELEVATION AND INTERIOR ALTERATIONS OF EXISTING SINGLE-FAMILY DWELLING TO ACHIEVE FEMA COMPLIANCE; ADDITION OF COVERED FRONT ENTRYWAY AND REAR DECK. Location of action:980 OAK AVENUE, SOUTHOLD, NY 11971 - SCTM 1000-077.00-01.00-006.000 Site acreage:0.22 ACRES RESIDENTIALPresent land use. NOVh�0� ��,� 202 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: BRIAN W. FLANAGAN AND LAURA K. FLANAGAN (b) Mailing address:55 SAINT ANDREWS DRIVE, HUNTINGTON, NY 11743 (c) Telephone number: Area Code ( )631-487-2457 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ❑ No® If yes,which state or federal agency? DEVELOPED COAST POLICY N/A - 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 Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria Yes No ® Not Applicable NOV 'R l 20023 t c7-, Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria Yes 0 No ® Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria 0 Yes E] No ®Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. 0 Yes 0 No® Not Applicable I Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. ---- - _--- ❑ Yes ❑ No® Not Applicable 1 NOV 1. 6 2023 q r Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. ❑ YeC 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. 0 Yes ❑ No ® Not Applicable 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 tt rTou h�62,fpr;eyaluati n criteria. ❑ Yes ❑ No ® Not Applicable ` Nov 16" 2023 ✓�� Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No® Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Created on 5125105 11:20 AM NOV 16 2023 e Ir e ' .. q i PHOTO 2 PHOTO 3 �p�y...r a V.. �.t .aE • 5�v $7i �i } �y PHOTO 4 PHOTO 5 PHOTO 6 _ t .. PHOTO 7 PHOTO 8 PHOTO 9 _ TOWN OF SOUTHOLD PROPERTY RECORD Cj � OWNER STREET VILLAGE DISTRICTOtt r�1 Y —�v 1 4 r '•1 'J►^►!• L _..__ '✓' r " `r � Gam✓ .� ✓ j t FORMER OWNER ,. N E ACREAGE ✓ ✓ t e SW TYPE OF BUILDING RES.,-._:�/co �14 SEAS. VL. FARM COMM. I IND. CB. I MISC. Est. Mkt. Value —kND IMP. TOTAL DATE REMARKS Fe ✓ 2 /Y;, t:'r nr►r 4 r--i A4- L . 'Z4/5� 1`13 ,177 T 0 C) O_IU -3 oZ � ao L/ 4. own is e AGE BUILDING CONDITION , _ -tr 15 If NEW NORMAN BELOW ABOVE FRONTAGE ON WATE Form Afire , Value Per Acre Value FRONTAGE ON ROAD Tinabie 1 ;` BULKHEAD Tillable 2 z DOCKQAE ' Tillable 3 /7117_ �6�4Y� 13 m� Woodland _ "�- i�tl�- 5`°1 _'� - coo Swampland Swampland '-h 0 123 ` V-}- OWNDt Brushland (p o2 3 _ House Plot4 1. — _ Total �, . - ,�T^` IN .10 dr. , N■ ■MIlfs �■■■■■N EMENUMM NMI r IFloor Patio kooms 2nd Floor Driveway �. FINNEGAN LAW, P.C. vs v 13250 MAIN ROAD �9 P.O. BOX 1452 MATTITUCK,NEW YORK 11952 (631) 315-6070 MARTIN D. FINNEGAN, ESQ. MFINNEGAN@NORTHFOKK.LAW By Hand November 9, 2023 Ms. Leslie Kanes Weisman, Chairperson Town of Southold Zoning Board of Appeals 54375 Route 25 PO Box 1179 Southold, NY 11971-0959 Re: Area Variance Application Owner: Brian W. Flanagan and Laura K. Flanagan Premises: 980 Oak Avenue, Southold, NY 11971 SCTM # 1000-077.00-01.00-006.000 Dear Chairperson Weisman and Members of the Board: With respect to the above-referenced Application, enclosed please find a check made payable to the Town of Southold in the amount of$1,250.00 representing the required filing fee and an original and eight (8) copies of the following documents for your review: 1) Notice of Disapproval last renewed October 16, 2023. 2) Area Variance Application, including an attachment of explanation. 3) Project Description and Questionnaire Form. 4) Agricultural Data Statement. 5) Short Environmental Assessment Form. 6) Local Waterfront Revitalization Program Consistency Assessment Form. 7) Owner's Authorization. 8) Transactional Disclosure Forms for Applicant and Agent. 9) Color photographs of the subject premises. 10) Certificates of Occupancy. 11) Assessor's Property Record Card. 12) ZBA Decision #6845. 13) Trustees' Field Inspection Report dated 10/ 11/2023. 14) Current Deed. 15) Covenant & Restriction. 16) Nine (9) survey prints dated May 15, 2013 prepared by Nathan Taft Corwin III Land Surveyor. 17) Nine (9) sets of site plans, elevations, and floor plans dated 9/13/2023 prepared by Architect Mark Schwartz & Associates. Kindly advise if you require any further documentation to place this 1 matter on your next available agenda for a public hearing. Thank you for your consideration. Ve'7i s, . ,62023 Martiegan __ MDF/as Encl. \\ rt I F ZBA CHECK FEES - 2023 Funding Account - 82110.10 DATE NAME ZBA FILE# FEE CHECK# DATE SENT TO TCO 11/13/2023 Nassi. Sharon 7870 $1,500.00 111 11/27/2023 11/13/2023 Fegos,Gregory 7869 $1,250.00 8832 11/27/2023 11/13/2023 deLannoy,Andrew 7871 $750.00 6898 11/27/2023 11/14/2023 Rocky Bluff LLC 7872 $1,250.00 8843 11/27/2023 11/15/2023 Z&S Contracting Inc. 7873 $1,250.00 93492 11/27/2023 11/16/2023 Flanagan, Brian 7874 $1,250.00 1322 11/27/2023 11/27/2023 Tese 7862 $1,020.00 116720540 11/27/2023 $8,270.00 RECEIVE® N O V 2 7 2023 Southold Town Clerk ,wn of Sduthold '�O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 11/27/23 Receipt#: 316321 Quantity Transactions Reference Subtotal 1 Check Charge 7862 $20.00 1 ZBA Application Fees 7874 $1,250.00 1 ZBA Application Fees 7870 $1,500.00 1 ZBA Application Fees 7869 $1,250.00 1 ZBA Application Fees 7871 $750.00 1 ZBA Application Fees 7872 $1,250.00 1 ZBA Application Fees 7873 $1,250.00 1 ZBA Application Fees 7862 $1,000.00 Total Paid: $8,270.00 Notes: Payment Type Amount Paid By CK#6898 $750.00 Barbara J. Delannoy CK#116720540 $1,020.00 citibank CK#8843 $1,250.00 En-Consultants CK#1322 $1,250.00 Finnegan, Law P. C. CK#8832 $1,250.00 Gregory Fegos CK#111 $1,500.00 rban Contractors LLC CK#93492 $1,250.00 Z&S Contracting, INC. Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Tese, Vincent& Joyce 130 E 74th Street New York, NY 10021 Clerk ID: JENNIFER Internal ID:7862 = 13"2.2. FINNEGAN"LAW,_P.C. . -P.O.BOX 1452 MATTITUGK,NY 1"1952' _info@riorthfork.law 1-2/210 " .' DATE I � V� PAY - .. . TO'THE ORDER.OF e® CHASE-0- DOLLARS�I�J - I - 1p*rgan www,Chase,com FORGh"'ZIS' �• y __ -� RECEIVED N 0V 2 7 2023 Southold Town Clerk y t Ol .ra it 0 Iwo, +T M _7772 04 ow tisk Ar ' j s a s7 a tr e b i Y .r v 1 E4 s 9 a r s �4 `'�"�+t'��}rr *'� � �ra �i� ,.� .. � i,. •�.. �.� it� _�' - y,t, �*- -. �_ n Y , N 1ti t� 362 r� r 49 r - _ MLAL r ° I t 3 T r TOWN OF SOUTHOLD ZONING BOARI) OF APPEALS Appeal No. SOUTIIOLD, NEW YORK AFFIDAVIT OF In the Matter of the Application of: MAILINGS BRIAN W. FLANAGAN AND LAURA K. FLANAGAN (Name of Applicant/Owner) 980 OAK AVENUE, SOUTHOLD, NY 11971 SCTM No. 1000- 077.00-01.00-006.000 (Address of Property) (Section, Block & Lot) COUNTY OF SUFFOLK STATE OF NEW YORK L Owner, (\/) Agent MARTIN D. FINNEGAN 06i6liliS rij d/b/a 1.3250 MAIN ROAD, MATTITUCK New York, being duly sworn• deposes and says that: On the __LE_„__jtay of JANUARY 2o24, I personally mailed at the United States Post Office in MATTITUCK New York, by CERTIFIED MAIL, RETURN RECEIPTREQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll Verified from the official records on file with the (\/) Assessors, or County Real Property Office, for every property which abuts and is across a public or private street. or vehicular right-of-way of record, surrounding the applicant's property. nature) Sw i to before”me this SCHWEITZER ANNALISE day of JANUARY 2024 NOTARY PUBLIC-STATE OF NEW YORK NO.01SC6409457 QUALIFIED IN SUFFOLK COUNTY K MY COMMISSION EXPIRES SEP 28,20 (NI tary Public) PLEASE list on the,back of this Affidavit or on a sheet orpaper, the lot numbers next to the owner names and addresses for which notices were mailed. All original USPS receipts and mailing confirmations to be submitted to the ZBA Office along with this form completed,signed and notarized, -z U.S. Postal Service" U.S. PdYWService'm Ln CERTIFIED MAILORECEIPT MAILP RECEIPT .. . .a Domestic Mail Only rq C177S-ervices& e d•s :'( 1�? � i[ i? 3'• u rr1 ' f CcCO f;j,,M 'r'c ;``. Certified Mail Fee ,� '19�t �•_ I1!_.;1 ;Y' M r.bit 2 -0 ees(checkbox,add lees D ate) f. ts co $Q ExtraSeNlces&Fees(checkbox,add fee as a hardcopy) $ I -i I I' _ _ •! 1 Q ❑Return Receipt(hardcopy) $ ❑Return Receipt(electronic) $ 1 Q — � � PPsEmark202/� ❑Return Receipt(electronic) $ tk i l_I i fl f%t, postmark f''•, ❑Certified Mall Restricted Delivery _ I t I I�-• ll Certified Mail Restricted Delivery $ iii ,..�r=i ri e 1 r� ry $ El. JAP�f�re ) ❑ ry Here []Adult Signature Required "very $ ,t, - JAN 1 1 2024 1 rl..l - r ❑Adult Signature Required $ Lrj ❑ dult Signature Restricted Delive $ _ tEl e - *• ,�� ❑Adult Signature Restricted Delivery$ ' C3 g $1.14 ;til :;•° Postage II,�II _ y .7- Total Postage and Fees li/11.72024- $ ".I_I* a Total Postage and Fees O _ O $$8.8Ij Sent To � Sent To Philip R. Mascia Q- Town of Southold - Christina M. Hill-Mascia '� Streeter Lr) PO Box 1179 ca StreetandApt.No.,< Q' city Sta per^ city State;zipt� 2 Livery Lane Southold, NY 11971 r r North Salem, NY 10560 PostaIi Service CERTIFIED MAILP �' �- U.S. Postal Service- m . o TIFIED RECEIPT Domestic Mail Only m 1 t� Domestic, CE) ROL, r9 rn Gut.C! uir~y=:;NY•;i1 �.` CO _it f1l Certified Mail Fee 9 k�t.-'c M "' I��-' Certified Mail Fee eTrg d�jj co $ 7 GC wh r c)� 1.1 i�Y.i.l.: „•0 Extra Services&Fees(check box,add fee 1pp ate),, �" Co $ r c �C�' It 0 ❑Return Recelpt(hardcopy) $ I ° - JAA/ J •��� ,..0 Extra Services&Fees(check box,add fee aS praprlate), F��,i J ❑Return Receipt(electronic) $ I�i_I I LI�6 `'1 rV /PdSt j�I,r'r r, O ❑Return Receipt(hardcopy) D ❑Certified Mall Restricted Delivery $ $fi v 1 II_I Y' Hef&�`F ❑Return Receipt(electronic) $ $0�.1710 Postmark N ❑Adult Signature Required $ j I.I II I ❑Certmed Mail Reshicted Delivery $ di i lid_ H.�N []Adult Signature Restricted Delivery ;F` ❑Adult Signature Required $ ' '� � I 20`14 Lr) Postagea f,+ ,i�V {. ru E]Adult Signature Restricted Delivery$ •�- 4t,,�-^ I= $1.1 It t... '" Postage $ Iii/1-1 /;!02 +t q _{•., ti F-9� Total Postage and Fees - O $ �I �1 r;��l»i��i,t ,�• r- $ . I t rl Total Postage and Fees -1/ C3r� `9.04 Sent To o $ Lance Soderstrom Joseph &; Barbara West Sent To Jill Barnhart C0 Street i ---------- p" Lrl _------ 875 Deerfoolt Path -. StreerandAp`.ry°•,°�Paaaxry 92 Lefferts Place Unit 2 Cr c,ry,sr: Cutchogue,',NY 11935- Ln Q^ c";ry State;ziP+d� ' Brookl � yn, NY 11238 :.. r U.S. Postal Service" r� CERTIFIED MAIL' s ■ Domestic Mail only co M cc7 -- u hol'd:9 1.Y 11c171 " d Mail Fee i ra^� ��.�,� C13 - `J 4C ...Qervices&Fees(checkbox,add lee s'aiopnate) t Orn Receipt(hardcoPY) $ 5's I I..i I I 1 Orn Receipt(electronic) $ r j i v I I!I Post m � ified Mail Restricted Delivery $_..�P•I�.I.il I Here v lt Signature Required $ — - rlt Signature Restricted Delivery$ — p $1.1�trl ostage and t 1I/11/ _- r' "`.•Cl r Daniel J. & Maria C. McGoey Sent To Q" PO Box 535 - Street and Apt.No 1050 Oak Avenue Ir Clry;State;21'5+4" Southold, NY 11971 :r. MAILING LIST ZONING BOARD OF APPEALS VARIANCE APPLICATION PUBLIC HEARING BRIAN W. FLANAGAN & LAURA K. FLANAGAN #7874 980 OAK AVENUE, SOUTHOLD, NY 11971 SCTM #1000-77.-1-6 78.-1-35 - Underwater Lands (Goose Creek) Town of Southold PO Box 1179 Southold, NY 11971 77.-1-5 - 910 Oak Ave Philip R. Mascia Christina M. Hill-Mascia 2 Livery Lane North Salem, NY 10560 77.-1-12 - 915 Oak Ave Joseph & Barbara West 875 Deerfoot Path Cutchogue, NY 11935 77.-1-11 - 985 Oak Ave Lance Soderstrom Jill Barnhart 92 Lefferts Place, Unit 2 Brooklyn, NY 11238 77.-1-7 - 1050 Oak Ave Daniel J. & Maria C. McGoey PO Box 535 1050 Oak Avenue Southold, NY 11971 2/2/24,9:20 AM USPS.com®-USPS Tracking®Results I ; USPS Tracking FAQs > Tracking Number: Remove X 9589071052700683838157 Copy Add to Informed Delivery(https://informeddelivery.usps.com/) Latest Update Your package will arrive later than expected, but is still on its way. It is currently in transit to the next facility. Get More Out of USPS Tracking: -n co CD USPS Tracking Plus® v Delivered It Out for Delivery j Preparing for Delivery Moving Through Network In Transit to Next Facility,Arriving Late January 27, 2024 I; Departed USPS Regional Facility MID NY DISTRIBUTION CENTER January 23, 2024, 7:40 pm Arrived at USPS Regional Facility MID NY DISTRIBUTION CENTER January 23, 2024, 8:32 am Arrived at USPS Regional Origin Facility NEW YORK NY DISTRIBUTION CENTER January 18, 2024, 12:33 am hfps://tools.usps.com/go/TrackConfirmAction?tRef=fullpage&tLc=2&text28777=&tLabels=9589071052700683838157%2C 1/2 2/2/24,9:20 AM USPS.com@-USPS Tracking@ Results Arrived at USPS Regional Faci MID NY DISTRIBUTION CENTER �G January 11, 2024, 9:11 pm 0 Departed Post Office MATTITUCK, NY 11952 January 11, 2024, 5:01 pm USPS in possession of item MATTITUCK, NY 11952 January 11, 2024, 1:30 pm Hide Tracking History What Do USPS Tracking Statuses dean? (https://faq.usps.com/s/article/Where-is-my-package) Text & Email Updates u USPS Tracking PlusO 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=fullpage&tLc=2&text28777=&tLabels=9589071052700683838157%2C 2/2 2/2/24,9:21 AM USPS.com®-USPS Tracking®Result - USPS Tracking® FAQs > Tracking Number: Remove X 9589071052700683838140 Copy Schedule a Redelivery(https://tools.usps.com/redelivery.htm) Latest Update Your item arrived at the MATTITUCK, NY 11952 post office at 7:51 am on January 31, 2024 and is ready for pickup.,Your item may be picked up at MATTITUCK, 140 LOVE LN, MATTITUCK, NY 119523296, M-F 0900-1700; SAT 0900-1300. Get More Out of USPS Tracking: Q USPS Tracking Plus° ;i Available for Pickup 46 Available for Pickup MATTITUCK { 140 LOVE LN MATTITUCK NY 11952-3296 M-F 0900-1700; SAT 0900-1300 i January 31, 2024, 7:51 am E yi Arrived at USPS Regional Facility MID NY DISTRIBUTION CENTER January 30, 2024, 10:02 am In Transit to Next Facility January 29, 2024 ® Arrived at USPS Regional Origin Facility NEW YORK NY DISTRIBUTION CENTER January 28, 2024, 2:19 pm Moved, Left no Address CUTCHOGUE, NY 11935 https://tools.usps.com/go/TrackConfirmAction?tRef=fullpage&tLc=2&text28777=&tLabels=9589071052700683838140%2C 113 2/2/24,9:21 AM USPS.com®-USPS Tracking®Results January 25, 2024, 12:13 pm Forward Expired CUTCHOGUE, NY 11935 January 24, 2024, 8:26 am Departed USPS Regional Facility MID NY DISTRIBUTION CENTER January 23, 2024, 7:40 pm Arrived at USPS Regional Facility MID NY DISTRIBUTION CENTER January 23, 2024, 8:32 am Arrived at USPS Regional Origin Facility NEW YORK NY DISTRIBUTION CENTER January 18, 2024, 12:33 am Arrived at USPS Regional Facility MID NY DISTRIBUTION CENTER January 11, 2024, 9:11 pm Departed Post Office MATTITUCK, NY 11952 January 11, 2024, 5:01 pm USPS in possession of item MATTITUCK, NY 11952 January 11, 2024, 1:33 pm 0 Hide Tracking History What Do USPS Tracking Statuses Mean? (https://faq.usps.com/s/article/Where-is-my-package) Text & Email Updates u Schedule Redelivery u USPS Tracking Plus® u Product Information u https://tools.usps.com/go/TrackConfirmAction?tRef=fullpage&tLc=2&text28777=&tLabels=9589071052700683838140%2C 2/3 TOWN OF SOUTHOLD, ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK AFFIDAVIT OF In the Matter of the Application of. POSTING BRIAN W. FLANAGAN AND LAURA K. FLANAGAN (Name of Applicants) COUNTY or, SUFFOLK STATE OF NEW YORK MARTIN D. FINNEGAN d/b/a 13250 MAIN ROAD, MATTITUCK New York, being duly sworn, depose and say that: I am the Owner or(\44 Agent for owner of the subject property On the 4A day of JANUARY 2024, 1 personally placed the Town's Official Poster on subject property located at: 980 OAK AVENUE SOUTHOLD, NY 11971 The poster shall be prominently displayed on the promises facing each public or private streetwhich 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 ol'the public hearing thereon. The sign shall be setback not more than 10 feet from the property line. The sign shall be displayed for a period of not less than sloven days immediately preceding the date of the public hearing of FEBRUARY-1 2024 cnenr nature) Sworn to before me this 4 fd, Day of JANUARY 2024 I 41I �a% SCHWEITZERATN'NALISE' ofary Pubiric), PUBLIC�STk' """, OR, NOTARY PUBLIC-STATE OF NEW YORK NO.OISC6409457 QUALIFIED IN SUFFOLK COUNTY MY COMMISSION EXPIRES SEP 28,20 SENDER: CoMl -E THIS SECTION ON ON DELIVERY ■ Complete items 1,2,and 3. 7&�gn�aturePrint your name.,.and address on the reverse ❑Agent so that we canreturn the card to you. ❑Addressee ■ Attach this,card to the back of the mailpiece, inted Name) C. Date of Delivery i or on the front if space permits. 1. Article Addressed"to: _ D. Is delivery address different from item 11 ❑Yes If YES,enter delivery address below: p No Lance.Soderstromlow Jill Barnhart 192 Le#'ferts Place, Unit 2 Brooklyn, NY 11238 II I IIIIII IIII III I II I II I IIII III I II II II I II II IIII — 3. Service Type ❑Priority Mail ress® Adult Signature ❑Registered MailTM iITM E,1❑�Adult Signature Restricted Delivery ❑Registered Mail Restricted Certified Mail® Delivery 9590 9402 8241 3030 7843 38 ❑Certified Mail Restricted Delivery ❑Signature ConfirmationTM j ❑Collect on Delivery ❑Signature Confirmation 2. Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery Restricted Delivery —... 'ved Mail { 9589 0 710 5270 0683 8381 3 3 $500 i Restricted Delivery I PS Form 3811;July 2020 PSN 7530-02-'000-9053 Domestic,&tum;Receipt i i COMPLETE • •MPLETE THIS SECTION ON A. ■ Complete items 1,2,and K. Si g re � ■ Print your name=and address on the reverse 1 I Agent Sot iat`we'can return the card to you. X / G ❑Addressee ■ Attach this card to the back of the mailpiece, a eceived by( (inted N$ e) C. Date of De•�,r�f j or on the front if space permits. ">-V-,Y 1 1. Article Addressed to: Is delivery address different fro tem 1 ❑Yes If YES,enter every address elo Dax�:�l J. 8v Maria C. McGoey etdli ❑NO I PO fox 535 1050 Oak Avenue Southold, NY 11971 3.III IIIIII IIII III I II I II I IIII III I II II III I II I I III 0 Service Type ❑Rei Priority Mail I JITM ® r ❑Adult Signature ❑Registered MaiITM ❑ dult Signature Restricted Delivery 13 Registered Mail Restricted Certified Mail® Delivery 9590 9402 8241 3030 7843 21 Certified Mail Restricted Delivery ❑Signature Confirmation- 11 Collect on Delivery ❑Signature Confirmation 2. Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery Restricted Delivery '---gyred Mail 9589 0 710 5270 0683 8381 2 6 )red Mail Restricted Delivery ;r$500) PS Form 3811 ,July..2020PSN 7530-02-000-9053 Domestic Return Receipt COMPLETE ■ Complete items 1,2,and 3. A. Sig ■ Print your name and address on the reverse X ❑Agent so that we.can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, c ved by(Ph,, Name) C. D to of elivery ! or on the front if space permits. - —j ` —)1. Article Addressed to: D. Is delivery address different from item 17 �Yes If YES,enter delivery address bolo ❑No Philip R. Mascia Christina M. Hill-Mascia 2 Livery"Lane I North Salem, NY 10560 II i IIIIII IIII III I II I II I II 3. Service Type ❑Priority Mail l ® II III I it II III(IIII III ❑❑ El Signature ❑Registered MallTM Adult Signature Restricted Delivery Registered Mailil Restrictetl liftertified Mail® Delivery 9590 9402 8241 3030 7843 52 11 Certified Mail Restricted Delivery ❑Signature ConfirmationTM ❑Collect on Delivery ❑Signature Confirmation 2. Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery Restricted Delivery RdjMai1 j •• : • ; • • is r 9 5 8 9 71101 5 2 7 0 4 68 3 8 3 81 116 4 €•`: ; �ed'Mall Res'tric;ed bellver}r r$500) PS Form 3811,0uly;2020 PSN 7530=02-000-9053 : R Domestic Return Recei t i- 2e8f628d-5e75-446a-b702-b1480990f696 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY,FEBRUARY 1,2024 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, FEBRUARY 1,2024: 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. 10:10 A.M.-Z&S CONSTRACTING; INC.#7873-Request for Variances from Article Ill,Section 280-14 and the Building Inspector's October 12,2023 Notice of Disapproval based on an application for a lot line change(and merge lots);at; 1) proposed merged lots,17.2 and 18,are less the code required minimum lot size of 80,000 square feet;2)proposed merged lots 17.2 and 18 are less than the minimum lot depth of 250 feet;3)proposed lot 17.3 is less than the code required minimum lot size of 80,000 square feet;4) proposed lot 17.3 is less than the minimum lot depth of 250 feet;located at:Fox Avenue,3660 Fox Avenue, Avenue B, Fishers Island,NY.SCTM#1000-6-2-17.2,1000-6-2-17.3&1000-6-2-18. 10:20 A.M.-JENNIFER WAGNER AND NICO SCHWEIZER/BREEZY SHORES COTTAGE#14#7850-Request for a Variance from Article XXIII,Section 280-123;and the Building Inspector's July 25,2023 Notice of Disapproval based on an application for a permit to construct alterations to an existing seasonal cottage; 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:Cottage#14 Breezy Shores,65490 Main Road (adj.to Shelter Island Sound)Greenport, NY.SCTM#1000-53-5-12.6( 10:40 A.M.-ANDREW AND BARBARA DE LANNOY#7871-Request for a Variance from Article 111,Section 280-15;and the Building Inspector's October 10,2023 Notice of Disapproval based on an application for a permit construct a new accessory garage;1)located in other than the code permitted rear yard;located at: 7217 Peconic Bay Blvd, Laurel, NY.SCTM#1000-126-10-1.6. 10:50 A.M.-WILLIAM E.GOYDAN,AS TRUSTEE#7882-Request for a Variance from Article III,Section 280- SOUTHOLD TOWN BD OFAPPLS 2 2e8f628d-5e75-446a-b702-b1480990f696 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times 15 and the Building Inspector's October 3,2023,Amended November 27,2023 Notice of Disapproval based on an application for a permit to demolish an existing dwelling and garage and construct a new single family dwelling with a pool addition and a new accessory garage;1)accessory garage is located in other than the code permitted rear yard;located at: 1645 Marratooka Road,(Adj.to Deep Hole Creek) Mattituck, NY. SCTM No.1000-123-3-2.1. 11:00 A.M.-BRIAN W. FLANAGAN AND LAURA K.FLANAGAN#7874-Request for Variances from Article XXIII,Section 280-124;Article XXXVI,Section-280-208A;and the Building Inspector's October 16,2023 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 minimum required side yard setback of 10 feet;2)the construction exceeds the permitted sky plane as defined in Article I,Section 280-4 of the Town Code;located at:980 Oak Avenue,Southold, NY.SCTM#1000-77-1-6. 11:10 A.M.-ANGELO CHANTLY#7875-Request for Variances from Article Ill,Section 280-15;Article XXIII, Section-124;and the Building Inspector's October 10,2023,Notice of Disapproval based on an application for a permit to legalize an"as built"accessory pavilion at;1)located in other than the code permitted rear yard;2)more than the code permitted maximum`lot coverage of 20%;located at:80 Watersedge Way, Southold, NY.SCTM#1000-88-5-54. 1:00 P.M.-STEVEN GUDDAT AND TORREY ACRI#7876-Request for a Variance from Article Ili,Section 280-14;and the Building Inspector's October 2, 2023, Notice of Disapproval based on an application for a permit to construct a deck addition to an existing single family dwelling at;1)located less than the code required minimum front yard setback of 75 feet;located at:36581 County Road 48, Peconic,NY. SCTM#1000-68-4-23. 1:10 P.M.-RICHARD A.ANTUNOVICH AND ANNE ANTUNOVICH #7877-Request for Variances from Article XXIII,Section 280-124;Article XXXVI,Section 280-207A(b);and the Building Inspector's November 8, 2023 Notice of Disapproval based on an application for a permit to demolish(as per Town Code definition) and reconstruct a single family dwelling;1)located less than the code required minimum front yard setback Of 35 feet;2)located less than the code required minimum rear yard setback of 35 feet;3)gross floor area exceeding permitted maximum square footage for lot containing up to 10,000 square feet in area; located at: 1845 East Gillette Drive,East Marion,NY.SCTM#1000-38-4-26. 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 SOUTHOLD TOWN BD OF APPLS 3 I , 2e8f628d-5e75-446a-b702-b1480990f696 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times 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/weblin k/Browse.aspx?dbid=0. If you have questions,please telephone our office at(631)765-1809,or by email: kimf@southoldtownny.gov. Dated: January 18,2024 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 4 v 2e8f628d-5e7S-446a-b702-bl48099Of696 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times State of New York, County of,Suffolk, The undersigned is the authorized designee of The Suffolk Times,a Weekly Newspaper published in Suffolk County,New York. I certify that the public notice,a printed copy of which is attached hereto; was printed and published in this newspaper on the following dates: January 25,2024 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 January 2024 Notary Signat e 60LAS 4,' STA rE `�F,p OF NEW YORK Narq`p—� Notary Public Stamp Qva 78d1,Ma,�C0Uj2 o O� E6398443 fr N / b� 19%?/0b EXP'RE5�9`� SOUTHOLD TOWN BD OF APPIS 1 Letter in Support Town of Southold Zoning Board of Appeals PO Box 1179 Southold, NY 11971-0959 Attn: Kim Fuentes kimf(a)southoldtownny.gov Attn: Donna Westermann donnaw0southoldtownny go_v � �p,N ti q 2024 Re: Variance Application Of APPA , Brian W.Flanagan and Laura K.Flanagan ARD Premises: 980 Oak Avenue, Southold,NY 199174000BD SCTWI# 1000-077.00-01.00-006.000 To the Members of the Zoning Board of Appeals: I own and reside at the property adjacent to the Flanagan property. I am aware of the request for side yard setback and sky plane variances for the renovation and elevation of the existing structure. I believe the proposed site plan, received by me on Jan 20, 2024, and intended for review at the Feb 1, 2024, ZBA public hearing,will be in character with other homes in the community and is a reasonable, low impact solution for a space-constrained lot and community. My support assumes there is no significant change in grade or elevation of the building site (only the building structure), as there is none depicted in the proposed site plan, and which could have adverse effects on neighbors given the occasional tidal flooding that occurs on each neighboring property. Thank you in advance for your consideration. By: Daniel I McGoey 1050 Oak Ave. Southold,NY 11971 Letter in Support RECEIVED Town of Southold Zoning Board of Appeals PO Box 1179 14 N 2 9 2024 Southold, NY 11971-0959 ZONING BOARD OF APPEALS Attn: Kim Fuentes kimf(cDsoutholdtownn . ov Attn: Donna Westermann donnaw0southoldtownny.gov Re: Variance Application Brian W. Flanagan and Laura K.Flanagan Premises: 980 Oak Avenue, Southold,NY 19917 SCTM# 1000-077.00-01.00-006.000 To the Members of the Zoning Board of Appeals: I own and reside at the property adjacent to the Flanagan property. I am aware of the request for side yard setback and sky plane variances for the renovation and elevation of the existing structure. I believe the proposed site plan, received by me on Jan 20, 2024, and intended for review at the Feb 1, 2024, ZBA public hearing, will be in character with other homes in the community and is a reasonable, low impact solution for a space-constrained lot and community. My support assumes there is no significant change in grade or elevation of the building site (only the building structure), as there is none depicted in the proposed site plan, and which could have adverse effects on neighbors given the occasional tidal flooding that occurs on each neighboring property. Thank you in advance for your consideration. By: Daniel J.McGoey 1050 Oak Ave. Southold, NY 11971 Fuentes, Kim From: Dan McGoey <dan@mcgoeyhome.com> Sent: Friday,January 26, 2024 4:42 PM` To: Fuentes, Kim;Westermann, Donna Subject: re:Variance Application/SCTM # 1000-077.00-01.00-006.000 Attachments: 9800akAve_Flanagan_LetterofSupport_1 Feb2024.pdf RECEIVED Letter Attached JAN 2 9 2024 Re:Variance Application ZONING BOARD OF APPEALS Brian W. Flanagan and Laura K. Flanagan Premises: 980 Oak Avenue,Southold, NY 19917 SCTM# 1000-077.00-01.00-006.000 To the Members of the Zoning Board of Appeals: I own and reside at the property adjacent to the Flanagan property. I am aware of the request for side yard setback and sky plane variances for the renovation and elevation of the existing structure. I believe the proposed site plan, received by me on Jan 20, 2024, and intended for review at the Feb 1, 2024, ZBA public hearing, will be in character with other homes in the community and is a reasonable, low impact solution for a space- constrained lot and community. My support assumes there is no significant change in grade or elevation of the building site (only the building structure), as there is none depicted in the.proposed site plan, and which could have adverse effects on neighbors given the occasional tidal flooding that occurs on each neighboring property. Thank you in advance for your consideration. Sincerely, Daniel J. McGoey 1050 Oak Ave. Southold, NY 11971 r 1 LETTER IN SUPPORT Town of Southold Zoning Board of Appeals /.AV PO Box 1179 Southold,NY 11971-0959 "Ok Attn: Kim Fuentes kimfnt southoldtownnv.lov NGeOgRD oFgPp Attn:Donna Westermanr► donnaw cr southoldtownrnv.gov Re: Area Variance Application Brian W.Flanagan and Laura K. Flanagan Premises: 980 Oak Avenue, Southold,N.Y 11971 SCTM#`1000-077:00 -01.00-006.000 To the-Members of the Zoning Board of Appeals: UWe reside in the community near the Flanagan property. I/We are aware of their request for.side yard setback and sky plane variances for the renovation and elevation of.their home. UWe believe that the proposed renovation will be in character with the other houses in the community and will not result in any adverse impact on our neighborhood. We have no objection to the granting of the requested variances. By:" Address: By. Address: 1971 LETTER IN SUPPORT laecelft Town of Southold Zoning Board of Appeals 2024 POBox old,NY 11971-0959 ZOAI!lyGe0ARp SoOFApp EALs Attn: Kim Fuentes kirnfnsoutholdtownnv.uov Attn: Donna Westermann clonnawna ,south oldtownny.gov Re; Area Variance Application Brian W.Flanagan and Laura K. Flanagan Premises: 980,Oak,Avenue,Southold, NY 11971 To the Members of the Zoning Board of Appeals: I/We reside in the community near the Flanagan property. I/We are aware of their .request for side yard setback and sky plane variances for the renovation and elevation of their home. I/We believe that the proposed renovation will be in character with the other houses in the community and will not result in any adverse impact on our neighborhood. We have no objection to the granting of the requested variances. C�n�l►� � i�M NtA z2��.-c�� By: Address: Ly B . Address: LETTER IN SUPPORT LED )4fy 26 Town.of Southold Zoning Board of Appeals 2024 ox 179 Southold,B o 1 NY 11971-0959 ZONING BOARD OF:- APpEACS Attn: Kim Fuentes kimfasoutholdtownnv.<Tov Attn: Donna Westermann donnawawsoutholdtownny.<xov Re: Area Variance Application Brian W.Flanagan and Laura K. Flanagan Premises: w980 Oak Avenue,Southold,NY 11971 SCTM#1000-077.00-01.00-006.000 To the Members of the Zoning Board of Appeals: I/We reside in the community near the Flanagan property. I/We are aware of their request for side yard setback and sky plane variances for the renovation and elevation of their home. I/We believe that the proposed renovation will be"in character with the other houses in the community and will not result in any adverse impact on our neighborhood. We have no objection to the granting of the requested variances. d By: Address: s0� 1 �r> / B} : Address: �j DiLC 60 J i'lb f 1r�i l - CEIVED LETTER IN SUPPORT ,�, 6 1024 Town of Southold Zoning Board of Appeals ZONING BOARD OFAPpSA PO Box 1179 LS Southold,NY 11971-0959 Attn: Kim Fuentes-kimf ,southoldtownnv.gov Attn: Donna Westermann.donnaw awsoutholdtomma.gov Re: Area Variance Application Brian'W.Flanagan and Laura K. Flanagan Premises. 980 Oak Avenue_Southold, NY 11971 SCTM#1000-077.00-01.00-006.000 To the Members of the Zoning Board of Appeals: I/We reside in the community near the Flanagan.property. I/We are aware of their request for side yard setback and sky plane variances for the renovation and elevation of their home. I/We believe that the proposed renovation will be in character with the other houses in the,community and will not result in any adverse impact on our neighborhood. We have no objection to the granting of the requested variances. ZBy:'�r7rLE Sa�e'12S t cYv, Address: `14t Address: G St� y )� . '- ve``t NGIUI �( ILI II LETTER IN SUPPORT Town of Southold Zoning Board of Appeals A IV 2 6 2024 PO Box 1179 ` ZONING BOA OF APpEA1 Southold,NY 11971-0959 _S Attn: Kim Fuentes'ites kimf@,southoldtownnv.9()V Attn: Donna Westermarin donnaw@,south6ld,to)�mU.gov Re: Area Variance Application Brian W.Flanagan and Laura K. Flanagan Premises: 980 Oak Avenue,Southold,NY 11971 SCTM 9 1000-077.00-01.'00-006.000 To the Members of the Zoning Board of Appeals: I/We reside in the community near the Flanagan property. I/We are aware of their request for side yard setback and sky plane variances for the renovation and elevation of their home. I/We believe that the proposed renovation will be in character with the other houses in the community and will not result in any adverse impact on our neighborhood. We have no objection to the granting of the requested variances. iBy: Oa4con6 cure M Address: 1�� Ftk4\ Nk-' By: Z-)&OLd 1110E-io,6`0 Address: IN I LETTER IN SUPPORT Town of Southold Zoning Board of Appeals PO Box 1179 SAN 26 2024 Southold,NY .11971-0959 ZONING eogRo OF Attn: Kim Fuentes kiffiffiDsoutholdtownnv.gov qpp �s Attn: Donna Westermann donnawlu)'southoldtoxAiiny:go�j Re: Area Variance Application Brian W. Flanagan and Laura K. Flanagan Y"remise§:-" 9fs0"flak"Avenue; 5out1 ol"d;-NY"1I971 SCT M ff 1000-0,'7.00=01.00-006.0.00 To the Members of the Zoning Board of Appeals: I/We reside in the community near the Flanagan property. I/We are aware of their request for side yard setback and sky plane variances for the renovation and elevation.of their home. I/We believe that the proposed renovation will be in character with the other houses in the community and will not result in any adverse impact on our neighborhood. We have no objection to the granting of the requested variances. f)G , By: Address: - 4S By: Address: LETTER.IN SUPPORT GEriVeD J4 Al 2 6 2024 Town of P B x 1179hold Zoning Board of Appeals 20AUIyG 130440 0F Southold,NY 11971-0959 �P�'EALg Attn: Kim Fuentes kimf ).southoldtownny.Lov Attn: Donna Westermann donnawt,,,southoldtownnv. Tov Re: Area Variance Application Brian W. Flanagan and Laura K. Flanagan Premises: 980 Oak Avenue, Southold, NY 11971 __-- -----SCT-M-# 1000-077.00=01.00-006:000__.-.._.._-- _-- To the Members of the Zoning Board of Appeals: I/We reside in the community near the Flanagan property. I/We are aware of their request for side yard setback and sky plane variances foi-the renovation and elevation of their home. I/We believe that the proposed renovation will be in character with the other houses in the community and will not result in any adverse impact.on our neighborhood. We have no objection to the granting of the requested variances. f, By: Address: By: Address: LETTER IN SUPPORT RECE!►rE0 Town of Southold Zoning Board of Appeals JAV 2 6 ?0?� PO Box 1179 Southold,NY 11971-0959 Z�N�NG'BOAR p OF APpFA�S Attn: Kim Fuentes kimf(a.southoldto«-nnY.aov Attn: Donna Westermann donnaw(a.southoldtoNknn,%.-.Lyo%- Re: Area Variance Application Brian W.Flanagan and Laura K.Flanagan _ Premises: 980 Oak Avenue,Southold,NY 11971 __-- SCTM#1000-077.00-01.00-006.000 ^ To the Members of the Zoning Board of Appeals: I/We reside in the community near the Flanagan property. I/We are aware of their request for side yard setback and sky plane variances for the renovation and elevation of their home. I/We believe that the proposed renovation will be in character with the other houses in the community and will not result in any adverse impact on our neighborhood. We have no objection to the granting of the requested variances. Y� Address: By: Address: LETTER IN SUPPORT Town of Southold Zoning Board of Appeals RECEIVED PO Box 1179 Southold,NY 11971-0959 JAN 2 6 2024 Attn: Kim Fuentes kimfnsoutholdtownnv.gov Attn: Donna Westermann donnaw@southoldtownnv.7ov ZONING BOARD OF APPEALS Re: Area Variance Application Brian;W.Flanagan and Laura K.Flanagan _Premises:__- 990,_Qak,AVP.n71e.-Snnth id.,NV 11971._ SC'!'M# 1000-077.00-01.00-006.000 To the Members of the Zoning Board of Appeals: I/We reside in the.community near the Flanagan property. I/We are aware of their request for side yard setback and sky plane variances for the renovation and elevation of their home. I/We believe that the proposed renovation will be in character with the other houses in the community and will not result in any adverse impact on our neighborhood. We have no objection to the granting of the requested variances. By: Address: �"�`' Ave, n >. By: Address: C-� ,Lt r t � Letter in Support `4ECEIVED Town of Southold Zoning Board of Appeals 14 1266 2424 PO Box 1179 Southold, NY 11971-0959 ZONING eOARD OF,gPp EALS Attn: Kim Fuentes kimf(cDsoutholdtownny. ov Attn: Donna Westermann donnaw(@southoldtownny.gov Re: Variance Application Brian W. Flanagan and Laura K. Flanagan Premises: 980 Oak Avenue, Southold, NY 19917 SCTM# 1000-077.00-01.00-006.000 To the Members of the Zoning Board of Appeals: I own and reside at the property adjacent to the Flanagan property. I am aware of the requested for side yard setback and sky plane variances for the renovation and elevation of the existing structure. I believe the proposed site plan, received by me on Jan 20, 2024, and intended for review at the Feb 1, 2024, ZBA public hearing, will be in character with other homes in the community and is a reasonably low impact solution for a space-constrained lot and community. My support assumes there is no significant change in grade or elevation of the building site (only the building structure), as there is none depicted in the proposed site plan, and which could have adverse effects on neighbors given the occasional tidal flooding that occurs on each neighboring property. Thank you in advance for your consideration. By: Daniel J.McGoey 1050 Oak Ave. Southold,NY 11971 Fuentes, Kim _7.3 `Z V From: Christina Mascia <mascia173@aol.com> REM ID Sent: Friday,January 19, 2024 4:06 PM To: Fuentes, Kim Subject: Written Statement regarding ZBA Notice for SCTM#1000-77-1-6 JAN 2_21_-:-7q74 ZONING BOARD OFAppEALS To The Zoning Board Members, My name is Christina Mascia. My husband, Philip Mascia, and I are the property owners of 910 Oak Avenue, Southold. We have recently received notice from your office that our neighbors of 980 Oak Ave, Southold, are applying for variances due to the Building Inspectors October 16, 2023 Notice of Disapproval for their permit application to demolish and reconstruct a single family dwelling. Upon reviewing the notices we received, as well as reviewing the Files located on The Town's website, it is quite apparent that our property will be impacted by these variance requests, and we have significant concerns regarding this. The first denial The Building Department listed was: The proposed construction, on this nonconforming 9,800 square foot lot in the Residential R-40 District, is not permitted pursuant to Article XXIII Section 280-124, non-conforming lots, which states lots measuring less than 20,000 square feet in total size require a minimum side yard setback of 10 feet. The proposed minimum setback is 5.5 feet. As you can see in the picture I have attached, not only is the house boundary set proposed at 5.5 feet, but the proposed deck is even less at 4.8 feet setback. With the high tides and strong surges that often occur and affect this property, allowing this variance to occur will promote significant storm drainage issues'that can run off onto our property. This is very concerning to us. There are also no drywells noted at all on the NE side of the proposed site plan, which also is very concerning as the storm water runoff from the gutters needs to be mitigated. Also to be noted is that the stated reason for not moving the house (which was the original proposal) was due to a field inspection report done by the trustees on 10/11/23. This field report stated that moving the structure would not comply with the Pier line. However, this existing structure already does not comply with the pier line. If this house is to be demolished, as per Town Code definition, and reconstructed, then the new construction would still not comply with the pier line as can be seen on the proposed site plan. The second denial The Building Department listed was: The proposed construction is not permitted pursuant to 280-208(A)which states, "Any building or structure on any lot in the A-C, R- 40, R-80, R-120, R-200, and R-400 Zoning Districts must be within the sky plane". The proposed construction exceeds the permitted sky plane. The existing house already exceeds the permitted sky plane . This can be seen on the plans submitted that are located in the pending files on the website (pg 39 and 41). If this construction is granted a variance to stay in the minimum side yard setback of 5.5 feet, then raising the house will significantly exceed the permitted sky plane. Our concern in looking at the plans submitted and on file on the website (pgs 39 and 41), it appears the site drawings of the existing and the proposed north and south elevation sky plane comparisons appear to be off 1 scale. I have enclosed dr1 attachment of these sites urawings highlighting the difference in measurements of side yard where our concern is in assessing this discrepancy. We would appreciate you addressing our concerns on this matter which can have a long term impact on our property and neighborhood. If you could please send email confirmation of receipt, that would also be appreciated. Thank you, Christina and Philip Mascia p t rtNt-C 91 a • tN PROPOSEd -' DECK PIER LINT r l9.]' ,� S i STORY HOU m r .012 K4A lY.t? 1 ti hL ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. 3 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson ��OF $�UryO 53095 Main Road-P.O. Box 1179 Patricia Acampora ti0 1p Southold,NY 11971-0959 Eric Dantes [ [ Office Location: Robert Lehnert,Jr. Town Annex/First Floor Nicholas Planamento 54375 Main Road(at Youngs Avenue) elf OM 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, FEBRUARY 1, 2024 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, FEBRUARY 1, 2024: 11:00 A.M. - BRIAN W. FLANAGAN AND LAURA K. FLANAGAN #7874_- Request for Variances from Article XXIII, Section 280-124; Article XXXVI, Section-280-208A; and the Building Inspector's October 16, 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 minimum required side yard setback of 10 feet; 2) the construction exceeds the permitted sky plane as defined in Article 1, Section 280-4 of the Town Code; located at: 980 Oak Avenue, Southold, NY. SCTM# 1000-77-1-6. The Board of Appeals will hear all persons or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review on The Town's Weblink/Laserfiche under Zoning Board of Appeals (ZBA)\Board Actions\Pending. Link: http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. If you have questions, please telephone our office at (631) 765-1809, or by email: kimf@southoldtownny.gov. Dated: January 18, 2024 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 t Town Hall Annex, 54375 NYS Route 25 P.O.Box 1179 Southold, New York 11971-0959 Fax(631) 765-9064 Age ZONING BOARD OF APPEALS DATE: December 21, 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 February 1, 2024 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; pleaseaee.instructions required.to prepare for the ZBA public.-hearing.which includes: iPLEASE'READ-CAREFULLY. 1. Yellow sign to post on your property a minimum of seven(7) days prior to your hearing,to be placed not more than 10 feet from the front property line (within your property) bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both street frontages. Posting should be done no later than January 24,'2024. 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 January 24,2024,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 1 i Instructions for ZBA Public Hearing Page 2' MAILING INSTRUCTIONS: Please send by USPS Certified Mail, Return- Receip the following documents to all owners of property (tax map with property numbers enclosed) vacant or improved, which abuts and any property which is across from any public or private street. We ask that you send your mailings promptly so that if any piece is undeliverable, you can reach out to your neighbors to request their mailing addresses,and re-mail. Mailing to be done by January 16,2024. 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@southoldtownny.gov or elizabeth.sakarellosktown.southold.ny.us c. Instructions for Laserfiche/Weblink to view all pending applications. (Enclosed) Link to view pending applications: h 1p•//24 38 28.228:2040/weblink/Browse.aspx?dbid=0. d. Survey or Site Plan depicting "as-built" and proposed improvements requiring ZBA relief. The Town's Laserfiche/Weblink files provides both location addresses and mailing addresses in their current Assessment Roll listing. (See Link Below). Also,the Town Assessor's Office can be reached at 631-765-1937. Contact us via email or by phone if you need further assistance. TownOfSouthold>Assessors>Assessment Books/Tax'Rolls> https•//www southoldtownny.gov/DocumentCenterNiew/9825/Amended-Final-Roll-2023?bidld= LMPORTANT.1NSTRU,CT;IONS: ,.. � ` {Scan.and email�tlie :SPS.mailin` brecei ts-�r repentsignaturezcards an`d;;affidavits:to l�imf(a"southoldtow�nny. ov; andaPR®M4PTLYITSSPS - eL* theOR'IGINA9LSYto Fthe'T�own�ofSouthold;��ZBA;,.P� Box•�1s1:79 �Sauthold �NYY:�1�197�1 ° Please note that without your mailing receipts, the ZBA will be prevented from conducting your hearing,pursuant to Chapter 55 of the Southold Town Code and New York State Law. Please note that you or your representative are required to attend. If you or your representative are not present, the hearing will be adjourned to the next available hearing date. Please be reminded that New York State Law requires the ZBA to follow the above 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 Aaserfiche Instructions' for .Zoning Board of Appeals Records OW1q OF$ SOUTHOLD q }MUM YDRK tnerntnen rvie isitin How Do!. OL M DIP y � ,t 7 Y• S,^. -�r;r:.:�'%, f1.r.• s� -%�'; .L '�Jcf;.r i r - � _ .,� .,_._ - - .J„ ,ri, "'�'r'��e3� _ , .,.,.. oCicilweF encs%, `"•7oivnRccoids�.,'.'.' ,�'grnis.',_!�. t;. ,LVotify hTc®s c Maps. Agets ,r.,, F, c ayue `- 6• ,r'. "4-":5`:;n- %r'� •'" _+.,+ <utei�:•: �:• .` '`�asit�"Wyyarc(dlls;: ,`�tiy_cElinL-fL-ueF6clia`��.' '•Farinydp#�iic��iiuis �r�.`my,�'J..,.....r'�._:.:i`.'�.i...i�iisi5rnu'nns c_!` ,... -.c�u��t.::iW.i.. ,<ra:.s:.b:+..:.......,-l'�',::im'_"."�,.,:etnT¢uv::. �-.L::..:,i:�:.,:::.✓.i;::....:=.i. .+%: -._.z..,.1e�.�i:� Above: Homepage, Click on Link"Town Records"Weblink/Laserfiche Laser6eheMbLink `+rv.caunY'ern:aba.a:sgnaa Hame Browse Search TomMouthold TownOfSouthold Name .. Pagecaunt '�?FmDtatsne.'_•-''. '.';':. /,',j%'�'�. .cr.Town cut ..,, . Entry Prapertles ..._.. Town Historian Path Tmstees TonT'.af:",ssdmid Creationdate Zoning Board of AP-Peat lZnn} - _:'x•`1'7.-•':i2:�'A+: i 29 Entries Page 2 of Z F€rst a 2 h Last mod'diedJ Metadata I o metacla?aaasiW d Uar•<v v-y-u•�n csa M+s,re cI uarm.'.1nUr i::W.Mt(..N.w.Ft.'TMe+mT.m Above: -The second of two pages you will find "Zoning Board of Appeals(ZBA)"in the list of Town of Southold Departments. Click the Zoning Board of Appeals(ZBA)folder/link. Laserfiche Instructions ZBA Files Page 2 Laserfiche WehLink My'rkot:nic:Ne%P Ahotz signot,t Home Browse Search IownD6oudlold>Zoning Board of Appeals(ZBA) Zoning Board of Appeals Name Page count ;Yeiiplate!tame'.;•f` ''(-?Y`:^��;-tj%.:�=! 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Lasertiche WebLink Mywebi nk ,ep Anon sign Oa,t Home Browse Search To,vnOfSouthoan>Loring Beard of Appeal;(ZBAI>Board Ac9ons Mame nage count Templ tume�' - Board Actions - '957-1979 2 EnlryPropenRK ^-.<980-1999 Path Tww�OtSou'.initFZcni�.w Board o;TwYcais C,&;As0dld A Uicry, 2001 Creation date ^2002 %10!'<001 i L:2:::i5 p1A w 2003 Last modified 2004 32820171?35:07 AM 2005 2 Metadata 41 2006 20G 40 me•3data d<S$ned 2008 2009 j 2010 mNPsPsmentVsrri{ - 2011. ;-1 2012 2013 2014 ' 2015 En 2016 M 2017 Pending - ...... .... ...... ... ........... .. ...... ..... ... .... .......... .. ... ... ..... .... ............... ...... .. .. ..... .. ..... ... rw kGRN?+ewtNlwtMJW 7•im.xN5e2 Da+e t„f t •• _•-._- Above: Board Actions are listed by year. Click folder to open. All Special Exception applications that require Coordinated SEQRA Analysis are stored in "Pending". Laserfiche Instructions ZBA Files Page 3 some Browse sea.h '4rv�tiw+hrll*Zunhs—6 0 yP 2017 is EyPri R_ss.—s ie mats Mons 1.1h —d Acvom TPwe as —d I —1d 1Mrn1>r.r17 a.„ .12 71 —d Anions IaYmoaiOed —d—.1 07 mats Mnons sa 70 —d atliam sa mats ANons G 7M9 Sa Boats ANars se a M AM—s —d Acoam i1 70_ 75 —d— ]sza -5 se 9—d xvom v2a .y mats amaze —9 3 —d AN... Above: See listed File Numbers. Click on file you are searching. cashel Above: In addition searching by file no. You can also use the above search tool by typing the name or title of the applicant. Laserfiche WebLink cashel Home Browse Search Custern­Se,ar,,h son results by: Relevance Records Management Search 7016 Board Actions.33 pages) Feld Choose field Page count:83 Template name:Board Actions 4- -I Page 3 Colin and Msten Cashel PROPERTY LOCATION:162 Lower Shingle Hill.Fisher Page 4—19.2017:7016.Cashel SCTM No.I000-9-1-26 minimus approval to remo— Page 5...y 19,2017 07016.CaShel SCTM No.I D00.9.1-26 GRANT.the variances as... S—h terms Page 9 COUN&KRISTEN CASHEL SECTION D09 BLOC Page 20—Thomas Ahlgren(Cashel),PO Box 342 Fishers lsland,NY... Show More information... 97019 Board ACtIon5-56 page(s) Page count:56 Template name:Board Actions Page.13 9:30 A-M.-COUN CASHEL AND Variances under ArDcle Id.SeCUDn ANN... 'a7o 43 —e(s)KRISTEN CASHEI-97016-Request proposed trellis lodaidd in other ma... Shaw more information Above: Shows you files that can be found using a phrase, name or title. Or you can search by Tax Map No. (District, Block and Lot) using the format 1000-111--l-1. y" Laserfiche Instructions ZBA Files Page 4 Laserfiche WebLink !v rByNenun +Hap AtcA ss Horne Bmwse Search Tmno->outhold>Zonmg Board of Appeals(ZBA)>MlnutevAgendas/Lega1 Notices/Hearings MinU[e5/AgendaslLegai Name _ _ __ __. _.. Page count_ . Notices/Hearings :0 1957-1979 ,_.._..._.....___......... .... x-2 A Entry PrepeNes `� 1980-t999 .__...._........ _.---_ _..._.. .,., 2000-2009 _ Path u 2010 Ta OfSo1£t1old+ianirq Board of Appeals wl 2011 (7-BA)ttttnU'e-/Agendasr_eg31 2012 trvt+tes'Hcarir yrs - - Creation date �j 2013 71`w217;17i7:40,P\4 n32016 Last modified i3 2015 12116CMIS:::15:14-M .�1 ZOi6 R Metddara Z=2017 Wo meradata au gned Page 1 of 1 11 Eno .«<P.nrt.uvt«<*�..N tt'aaw A t<v.•a<�M1<OUa i:`K.1 A'i Iss�_�s.<:��a a<e+<n Above:Also, Minutes,Agendas,and Hearing Transcripts can be viewed. Laserfiche Web Link 1<lywebUnw i Help A—t Home Browse Search TownOfSouthOld>Zoning Board of Appeals(ZBA)>Minutes/AgendaS/Legal NoticeS/HeanngS>2017 2017 Name Pagecount Template name_ -_ --- ,--' ZBA-01:05/2017 7 S Entr<j Properties Z3A-01:05/2017 Agenda 4 Path ZBA 01/05/2017 Hearing 40 To OfSouthol0\Zonmg Board of Appeals ZBA-01105/2077 LN 3 (ZBA)\Mlnute9A6enCaS:L-9aI _J ZBA-01/192017 2 NotiteS/Heanng5\201 i ZBA-011192017 Agenda - creahon date 12/1612016 1,'15;11 PM ,y ZBA-02102/2017 7 Last modified ZBA-02!0212017 Agenda .4 6/19/2017 6:53:59 PW ZBA-02102/2017 Hearing 4$ Metadata ,-„ZBA-02/022017 LN 3 - -- - `j ZBA-02116/2017 Agenda 3 No metadata aSSigried 3 d'2BA-02/t62m7SPena1 :edure&R—Its ZaA-0310212017 7 �Wheaah/pap--m 11u 2l ZBA-03/02/2017 Agenda 4 ZBA-0310212017 Hearing 65 ZBA-031022017 LN 3 G ZEA-03116/201 7 Agenda 3 e ZBA-031162017 Speoal 3 ZBA-04/06/2017 5 ZBA-04(C62077 Agenda 4 w,ZBA-0410612017 Hearing 45 Above: Agendas, Minutes and Transcripts are in chronological order. NuTlko uim tARINk2ll " ie following application will be heard by the Southold Town E oard of Appeals at Town Hall, 53095 Main Road, Southold: " ie application will also be available VIA ZOOM WEBINAR= F 3Ilow linkmhttp://southoldtownny.gov/calendar . 'AME : FLANAGAN , BRIAN & LAURA #7874 ZCTM # ON 1000-77- 1 -6 ' VARIANCE : YARD SETBACK AND EXCEEDS PERMITTED SKY PLANE r,EQUESTo DEMOLISH (AS PER TOWN CODE DEFINITION ) AND RECONSTRUCT A SINGLE FAMILY DWELLING DATE : THURS. FEB . 1 , 2024 11 :00 AM You may review the file(s) on the town's website under Town RecordslWeblink: ZBAIBoard Actions/Pending. ZBA Office Telephone (631 ) 765-1809 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson ®��®F S®���®�® 53095 Main Road•P.O. Box 1179 Patricia Acampora Southold,NY 11971-0959 Eric Dantes Office Location: Robert Lehnert, Jr. eon Town Annex/First Floor Nicholas Planamento y� 54375 Main Road(at Youngs Avenue) N,n � Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD November 16, 2023 Tel. (631) 765-1809 Mark Terry, Assistant Town Planning Director RECEIVED LWRP Coordinator Planning Board Office NOV 1.6 2023 Town of Southold Town Hall Annex Southold Town Southold, NY 11971 Planning Board Re: ZBA File Ref. No. # 7874 —Flanagan, Brian & Laura Dear Mark: We have received an application to demolish (as per Town Code definition) and reconstruct a single family dwelling. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairperson � By: �U�l!✓ C/y� /� Encl. Site Plan/Survey: Mark Schwartz Architect, last dated September 13, 2023 and November 14, 2023 Public Hearing Date:February 1, 2024 BOARD MEMBERS - Southold Town Hall Leslie Kanes Weisman, Chairperson O��QF $o(/ryOl 53095 Main Road•P.O.Box 1179 Patricia Acampora h O Southold,NY 11971-0959 Eric Dantest Office Location: Robert Lehnert,Jr. y Town Annex/First Floor Nicholas Planamento 0 aQ 54375 Main Road(at Youngs Avenue) 'rou Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 November 16, 2023 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#: 7874 Owner/Applicant: Flanagan, Brian & Laura Action Requested: demolish (as per Town Code definition) and reconstruct a single family dwelling Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or.Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town Within one (1) mile (5,280 feet) of: ( ) Boundary of any airport If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA Chairperson By: Encls. Site Plan/Survey: Mark Schwartz Architect, last dated September 13, 2023 and November 14, 2023 BOARD MEMBERS ��oF soUj�® Southold Town Hall Leslie Kanes Weisman, Chairperson �� �O 53095 Main Road • P.O. Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes R �p� Town Annex/First Floor, Robert Lehnert, Jr. ^` 54375 Main Road(at Youngs Avenue) Nicholas Planamento �COUNT`I+��v Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD February 20, 2024 Tel. (631) 765-1809 Martin Finnegan Attorney at Law P.O. Box 1452 Mattituck, NY 11952 RE: ZBA Appeal#7874 Flanagan, 980 Oak Avenue, Southold SCTM No. 1000- ,77-1-6 Dear Mr. Finnegan; Transmitted for your records is a copy of the Board's February 15, 2024, Findings, Deliberations and Determination, the original of which were filed with the Town Clerk regarding the above variance application. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of the attached determination to the Building Department and the Planning Department. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three(3) consecutive one (1)year terms. IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN.Failure to comply in a timely manner may result in the denial by the Building Department of a Certificate of Occupancy, nullify the approved variance relief, and require a new variance application with public hearing before the Board of Appeals If you have any questions, please call the office. Sincerel Kim E. Fuentes Board Assistant Encl. cc: Building Department SITE DATA PROPERTY: 9,800 SF 0.225 ac NON CONFORMING LOT- ZONE:R-40 FRONT.35'- SIDE 1:10' _---s - _ (280-124)SETBACKS: LOT COVERAGE.20% REAR:35' SIDE 2:15' HIGH WATER MARK SEAWARD EDGE z f.'_ �- ALONG BULKHEAD OF MEADOW MAXIMUM HEIGHT: BUILDING HEIGHT: SKYPLANE: 280-207 MAX.GFA: C • " j�� 280-4,280-208 v �-+ BB 2 1 BB 2.2 TB 2.3 ( ) 35' Wh(AVG).45 ANGLE 2100.0 SF NOV2023 TB 3.3 WOOD BULKHEAD TB 3.3 W N �� ( /. W OOD DESCRIPTION: AREA LOT COVERAGE: H 0 SAND i EXISTING HOUSE: 922.6 SF 9.47% � . WA. � t-•1 W ...._..�._.... ems{ ROPO EDPORCH0 SF 0.51% •�.-J WALK u'u PROPOSED DECK: 387.7 SF 3.95% z / - SAND TOTAL: 1360.3 SF 13.87% W � W A -4 WOOD EDGING O METES AND BOUNDS: SURVEYOR: NATHAN TAFT CORWIN III DATE SURVEYED: MAY 15,2013 O Lu 3.3 SCTM: 1000-77-01.06 ELEVATIONS REFRENCE: NAVD 1988 Z O iM CONCRETE = CONCRETE GEA CALCULATIONS ATIONS TROUGH W „Yj - TROUGH p-, LOCATION: AREA: 06 O m 'o / - -4 PROPERTY: 9800.0 SF ' m O / 5 — — -0 f- — — 10' (280-207d)GFA PERMITTED: 2100.0 EXISTING 1ST.FLOOR: 922.6 SF l!'1 /I TOTAL EXISTING: O W Lf, goo 0 + — w4 o 4.1 4- - — i 13.3' �n ar I PIER LINE PIER LINE t PIER LINE PIER LINE No _ .. .. . __ ....__._. ._-._....___.._.... .... I CONC.PAD 1 5.5' E � ON GRADE 19.1' 4.9 I `n u M 5- - - - _ + `" EXISTING 1 STORY - - - -5 FRAMED HOUSE, m a �m bm c FF 6.96' N m y r a ' CE HEATIN arua m b ` 31.9' 32.3 m� m ID ID 5.5 srooe 6.7 5. ] 0`v f 6 — — 3` — � — — — — — — — — _ Vd) Fn O 6.9+ ASPHAL +6.7 CONCRETE _ — —_ — — DRIVEW TROUGH d. o N _ m CON RETE 4) -:A V Y TRO GHz L M 0 - - - - - - — -8d S 450 24' 4C W B DRAWN:MN/MS OA AV EXISTING SITE PLAN � 'EP � 5� ,0$z: 'k 91131-m'3 SCALE: 1" = 20'-0" o- `® r� ' SHEUNUMBPA S-1 �T SITE DATA PROPERTY. 9,800 SF 0.225 ec. FRONT CONFORMING LOT NON RMI : ZONE Rao FRONT.-3S SIDE I:IV IV-(l/2 HIGH WATER MARX SEAWARD EDGE (280-124)SMACKS.LOT COVERAGE 2096 REM 3r SIDE 2:IS- ALONG BULKHEAD OF MEADOW MAXIMUM HEIGHT: BUILDING HEIGHT: SKYPUNE: 286207 MAX.GFA: BB 2.1 BE 2.2 BB 2.2 zeoaseazos) 3S loth(AVG).AN ANGLE 07 M SP X. ----- - - TB 3.3 WOOD BULKHEAD TB 3.3 TB 4.3 �+ DESCRIPTION: AREA LOTCOVERAGE: O rWEXISDNGH SOU E. 922fi 5f9.4%AD • - - - A - PROPOSED PORCH; 50. O SF 051 N-. A0. PROPOSED DECK 387.7 SF 3.95% ' 9tlVV !l'l'V L0G.7------._i_.... ..- ---- ::. :i::c'. WALK...,..`:;:• ._....._..__.. - . ._..---- ------" - '--- .__..._.---_ -..... -.------. ._ Taus 1360.3 SF 13.87% METES AND BOUNDS: SURVEYOR:NATHAN TAFT CORWIN III DATE SURVEYED:MAY 15.2013 � W AN SCTM: IOOR}77U7-06 ELEVATIONS REFRENCE: NAVD 1988 r' z -- — _4 w WOOD EDGING OO LOCATION: AREA LOCATION:LOCATION: W CALCULATIONS O z +3.3 O PROPERTY:9300.0 sP /0.-(� O J Ln (280-207d)GFA PERMITTED: 2100.0 (A ry Lu M r_ EXISTING IST.FLOOR. 922.65E f CONCRETE CONCRETE TOTAL EXISTING: TROUGH W TROUGH a -' 050 -4 cC °0 a0 15 - - -0 E= — — 10' F— in z Eh i - - _"_ '�N'-i /—'_—1i `—♦-- min ___ � awxO�o �Ox30SILT'FENCE SI _ FE/ 0w Im — A 31.9' Om Q a.14- - r7l . PROPOSEPIER LI NE PIER LINE DECK LINE IPIER LINE CON ON A 19.1' 3F5 STORM WATER MANAGEMENT DETAILS / 4.9 I C n - ✓- — — ' L _l*OP SOIL I m _ — C I LOCATION: SF AREA: I00%RUNOFF AT DRYWELL DRYWELL m EXISTING 1 STOR- ^ -5 2°RAW PER HOUR PROVIDE: CAPACITY: V LL L NEW DRN WAV 546 SO FT. 913 CU.FF. 0)B'd-3'de 845 CU.FT. X LOCA'rICN/ ' - FRAMED HOUSE' SY; ♦ FF 9.0' I "' p LLe o _ �/ ♦ allecrPnraouTocoNcaLTc IL ' ' , I MBGNN43UB I ` ONCRET SHOU Awaino mu m m ( ♦ / 32.3' I 5 7 <<G�'� 4ul�o. A F6➢AML tt ~4 ♦ ` 3 .9' - V. 6In m �� CY 7 ii O_` 'TM�� -� �u Dow= 00 I R 4 ROSEA CATCH BASPI a�pie w/8!H'DAYWELL r � I 11ll1 `^ O 1 Z to �.," in _ °oom U _ (�] ItnTl ® �SnmNGDwEWA� +6.7 CONCRETE Dom = �L°� O 7_ _ _ _ — - sa±--, o TOBEREMOVEO ^? I TROUGH § = OD = /1 Q - to 1 _ _ d =11111 �"I 1 O PROPOSED — — — — — o�Nu — Aµvi PoL6 F TV X 39' CN u IMPERVIOUS `v DRIVEWAY I —new 3 G¢a 1�6 Z ONCRETE 1 M U H- TROUGH — - 0 U — — 'L— — — SItT°FENM — 8 / 8.4 # ¢ONSTRUCTION; S 45° 24' 40" W ENTRANCE MIDI& OAK AVENUE PROPOSED RO OSED SITE PLAN DR WN:MH/ASS SCALP- SCALE: CALE SCALE: 1" = 20'-0" UI Us JOB#: f _ BNEPTNETNUMBFIL r y �"" S-2 NOV RZ 2023 •� �-, Iw-1 Hw FFEL 9.0----- -.—.– GRADE0.55 J w V PROPOSED SOUTH ELEVATION` x �� SCALE: 1/8" = F-0" ¢A z �x o w °oo`O 0 m p 0 x C p 0� M— m (L w' p yl m E y m= �--------- n u z L 3 P E 0 In m ) .0 FIB �l n a j� to Ila FF 0.6.96 – 'GRADE EL 6.] _ GRADE EL 5.5 –•—.– y u Y EXISTING SOUTH ELEVATIONt . � SCALE: 1/8 - 1 -0 - DRAWN—NUI/MS T- SCALE: - � !OB N: 9/136033 SIIEETNUMBER: _� . 23 A-1 APO � w NOV 16 2023 � o '� ax 0 H W AA o oho , FIF] DD _FF EL 9.0 •—.— —FEEL9.ct FG LRADF EL 4 8 �3 x �z � ¢A PROPOSED EAST ELEVATION zx SCALE: 1/8" = 1'-0" a o o w rn 0 8 u _� sr o all ai LL�Y In to _GgApE El O 4� ■®■ EU �0 a ® ® ® ® Q I F IF EL 6.96— �.�.—FF EL 6.96 GRADE EL 9.8 V ID EXISTING EAST ELEVATION SCALE: 1/8" = V-0" - DRAWN:MH/MS SCALB JOB N; 9/132D23 SHEET NUMBER: A-2 _ z NOV Z. MO Ji rl 'a pw m® 0]m60 a t p� I lO FFEL9.0— I Al 111 —--FF EL 9.0 I GMDE EL 4. w PROPOSED NORTH ELEVATION x �z SCALE: 1/8" = P-011 o zox a0 w rn rn 0 E m o �u m Us ro m boa_ a� LL. n O E _ _ rcg Yta --_-_--- u D m 451 E U E 0 0 R 4 Q u �a Q FF EL 6.96— fF EL BA V GRADE EL4.8 � Y GRADEEL4.1 L Q�R- _- r- �. EXISTING NORTH ELEVATION SCALE: 1/8" = 1'-0" ; DRAWN-MR/MS D SCALE 10B 4: 911320].3 SILUTNUMBER �' �� A-3 Nov 2.023 O z � Hw T q B El FE] 0 FF fL 2.0_ —_—_— _EFg34_ 0. D w �O Z jz z ¢A PROPOSED WEST ELEVATION 6O SCALE: 1/8" = 1'-0" 0 amo w co 0 x ai LL�Y .00 01. ID El m 3 E m s� Em 9 3 0_ I� Q 4 R Q p,w1 GMDE EL 5.5 GMDE EL4.1 U r �D Y EXISTING WEST ELEVATION SCALE: 1/8" = 1'-0" �► �+ DRAWN.mH i mS f SCALE IDB 9/9/I3/21L^3 All SHMEET NUMMBB{�E.R: I ♦— 1 ..................... ...........................�.......-..-........,.......... 1-1.1................. .......... ............. o 31'-163/4" -------©------- I • -- - j o a --- - --- -- -- _ TxA FI,m�a'Tr 1........ I W I PROPOSED DECK 1 _ )xAFlr�Pan � MOSILLPIPI _ fY6 FI�a)aY]f I 1 I I �t--^ I ��,•/7 � 3 z --------------- --------------------------------------- QA------------------------------------------------------------------------------------ ExItTiNG CAAVJI SPACET03E REBUILT Fo� THRWGHF TOMEETCURRENFNYSCODE �^ o °3 v69 z o x FIi9P O '• O e 2 Q 00 a o v w = ; VERIFY GIRDER LOCATION�_.s ®• =MED GIPDDI LOCATION - , .-(UNDER SEARING WALL LOCATION�OVE)-- -__- ..f 4 —•_ —• ci N.(313X8GIRDE0. -• i(B)RkB GIRDERvMF) ,IB)7kB WRDERM q U REMOVE - E%IS'DNG; - - n-U JCC CIUMNEY; x a) 0 8 10 o§ ADDITION (STRUCTURE UNKNOWN) ID ADDITIO �� (STRUCTURE UNI?10WN) , - ' p ------------- 1' 1 IE'DGER BOARD TO BE FASTENDED 1 Q 1 TO HULLOING WDH INC R M SEIF{OUNTERSINkING SCREIUS , BY OLYMPIC MANUFAGNRWG r POST TO ANCHOR QQ''!!���� R SCREWS®3T O.C.) Q T016XI6CONC.PIE0.�- N MIN.TBELOWGRADE 1�L?�+FGair�BCE�_ O PROJECT NORTHEXISTING CRAWLSPACE N PROJECT NORTH SCALE: 1/8" = 11-OII ACTUAL NORTH :. _ ®ACTUAL NORTH ...............................: 3 _ m PROPOSED CRA' SCALE: 1/8" = 1'-0" - DRAWN:MI{/MS SCALEL IOB A: 9/I32OZ SHEET NUMBER e�°� A-5 1p 4 L b- �100 1.0 MK, ---------- o ALM" C) MAGID06114 SkAS Ell BANQUET -mN42 -TW3046-2 zw ---------------- C) Do / a a w p LF ROOM 97'CElUNG M.LIVING DIN[ �THW 116[D: gs. LIVING 7�CIG gs: GTHE w1ps LADDER BUILD WALL UP TO RAFTERS 00 UTO -nE-lK5PLAlCEjADDMREQ, x .24'7 BUILD WALL UP TO RAFTERS GC TO REVIEW RAFTERS AND TIE-KSPLAICE/ADDASREQ. UTILITY ROOM BEDROOM No.I WID 97'CEIMG HT. 8216•CEILING KT. cc BATH u 9T CEILING HT. (2)!aF—LU;H— 91-T c BE12RQ M No.2 BATH ENTRY BIT TANK 9T CERING Hi. aG L 91-o.QG INS -- - ..-- m ol I- ------------ s,roop TMO46-2 LE TUXIDFG DLUMN ID 6X6 ACD POST .. rryp, PROJECT NORTH EXISTING FLOOR PLAN ; ACTUAL NORTH PROJECT NORTH A SCALE: 1/8" V-0 (401'1 ACTUAL NOlZT- U, 50 WALL LEGEND wALTo8EREMOVED C===== EXISTING WALL 222:7d� NEW WALL NOTE: DRAVVN:MH fMS DWENSIONS OF EXISTING WAILS ARE FSjoJVI FINISHED WAL PROPOSED FLOOR PLAN SCALF- _ToB_# DIMENSIONS OF NEW WAUS ARE FROM-D' SCALE: 1/8 11 = 11-01' 9IM023 SHEETNUMBEIR *Fr' A-6 I SURVEY OF 299 & 300 MAP OF OV t-0 STS GOOSE SAY ESTATES FILE No. 1176 FILED NOVEMBER 13, 1934 SI T UA TE SOUTHOLD w9 TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK `ss, \���� '� S.C. TAX No. 1000=77-01 -06 \0 �h\�O SCALE 1 "=30' 9 MAY 15, 2013 O • `. �¢�� �, y�,o \ �o°x 1` \_ AREA = 9,800 sq. ft. \ ,O s'rr\s~` 0 h \o 0.225 cc. \ 43 CIS .9 a' SA 3,4 U�� •`., .2# 'F,y\ `/ 41 1�°B.y� 41 F NOTES: 1. ELEVATIONS ARE REFERENCED TO N.A,V.D. 1988 DATUM EXISTING ELEVATIONS ARE SHOWN THUS:5J .� �, �`• �\ Q° ,' r�'�°,Z,Q �, `Q F.FL. - FIRST FLOOR �, OQ '� 2 / yF'.t• •� (�, 0 �,.7 °y \`'...Q ` C.FL - GARAGE FLOOR �Q• ` aGQ°e-�' Ql�` �•'r, �•Q TO - TOP OF BULKHEAD `�0 B. �� ,yti'y5 `\ \ T�Gd\ e�0� y BB - BOTTOM OF BULKHEAD 2. FLOOD ZONE INFORMATION TAKEN FROM: u /� ���`�' FLOOD INSURANCE RATE MAP No. 36103CO166H ZONE AE: BASE FLOOD ELEVATIONS DETERMINED ZONE X`: AREAS OF 0.2% ANNUAL CHANCE FLOOD; AREAS OF 1% ANNUAL CHANCE FLOOD WITH AVERAGE DEPTHS OF LESS THAN 1 FOOT \ M y yo / co q �vyr o�yo // �� o OR WITH DRAINAGE AREAS LESS THAN 1 SQUARE MILE; O \ F� yc o a� AND AREAS PROTECTED BY LEVEES FROM 1% ANNUAL CHANCE FLOOD. ZONE�AE*ELy)y� �O, y z, ZONE`\X oG� , /�1k(_p PREPARED IN ACCORDANCE WITH THE MINIMUM v STANDARDS FOR TITLE SURVEYS AS ESTABLISHED �� 6/ / / RECEIVED BY THE LI.A.L.S. AND APPROVED AND ADOPTED \ 41k FOR SUCH USE BY THE NEW YORK STATE LAND 9� '� ✓" \ ,p x TITLE ASSOCIATION. 0,0 o/ °QF<< // $�, oo � JAN 2 8 2015 P.-S of ^�O'� j �`��° ��'� ZONING BOARD OF APPEALS �. iwr `•, i ` G G • , ti �\ 4j�'000 0�' � Wtrn WS7 Lic. No. 50467 UNAUTHORIZED ALTERATION OR ADDITION Nathan Taft Corwin TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE III EDUCATION LAW. Land Surveyor COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYORS INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. CERTIFICATIONS INDICATED HEREON SHALL RUN Successor T0: Stanley J. Isaksen, Jr. L.S. ONLY TO THE PERSON FOR WHOM THE SURVEY Joseph A. Ingegno L.S. ' IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND Title Surveys — Subdivisions — Site Plans — Construction Layout LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI— PHONE (631)727-2090 FOX (631)727-1727 TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. OFFICES LOCATED AT MAILING ADDRESS AND/OR EASEMENTS S OF RECORD, IF THE EXISTENCE RIGHT WAYS 1586 Main Road P.O. Box 16 • ANY, NOT SHOWN ARE NOT GUARANTEED. Jamesport, New York 11947 Jamesport, New York 11947 33-095 Revisions 10-10-s7 oO-05-00 01-22-04 03-23-18 N 325,582 w L+ 'DDV— --7—f—I V Creek f&U\'►�S -7T- 51: CO �' ,,o` `�,�� `. •0\ Lo. _�"'� -- gas ns,- `� k qW •/� / o ------- ---- - 8- V I n ryool 47 ---- I- �1 $tow) _ 24 f- HICKORY N 323,682 L HmpvrywftW Lum $uEWailM llll r♦D �'n &m 11ma StlmlGwu�re --SW-- HpM pamtl Lm --H-- WLE55 t1NYn OMENNISE,'ST"PEHTES E Oercm Cmanm D.m --�— 6.mn,vm atrlRiaO (21) Fee Ou•a lra --F-- Pdue Oaia lam --p-- pTHINTHE FOLLOMAb pSTq�C15. BM No 2 _ G6 sELw1+ SuEJ.zon Wlim ------_ moC�m v NMcr Gsuw lam --W-- Hawam pma Lim--IST-- FlAE 7A HT6FANT N sw,w/snwa ^^-- sob ww�.oa ® mavr Lam -- LgM Deal Lam --L-- Awne,nm o„ua m.--a-- —T 43 s+ArE6 - FEFtISE D He 23 ume 121 AM or 12.1A TOH^L'"O --- crt Ewa ll v ——A—— wsa..iw o ago Lme——xw—— u�eula+[ HwsrE»arEt Cesvd:m Am 12.1 AN ; otic C�Gy< TOWN OF SOUTHOLD-BUILDING DEPARTMENT y Town Hall Annex 54375 Main Road P. O. Box 1179 Southold,NY 11971-0959 ry�o® ��: Telephone(631)765-1802 Fax(631) 765-9502 https://www.southoldtownny.gov APPLICATION FOR BUILDING PERMIT PPROVAr For Office Use Only PERMIT NO. Building Inspector: JU1\1 20L Applications and forms must be filled out in their entirety. Incomplete applications will not be accepted. Where the Applicant is not the owner,an / Owner's Authorization form(Page 2)shall be completed. Date: L7 Cp 2 OWNER(S)OF P OPERTY: Name: LA_+ SCT M#1000- 7 G 1 00 Project Address: J Gel 0,4 (G Com--- SCS u'THv(,? 11177 17 Phone#: ?� 7 Email: b 6y 1 — Mailing Address: 5 N 0tn�. �- l� -�(1I�' �I����lL' �/ 4-5 CONTACT PERSON: Name: r1l 1L wl// J2 TZ f rLC �— Mailing Address: fo fnn %� Phone#: � i 73 4-`7`1 o 5 Email: 5 arcecl"e-ca, I ,,^e .,i-e DESIGN PROFESSIONAL INFORMATION: Name: Mailing Address: Phone#: Email: CONTRACTOR INFORMATION: c Name: Mailing Address: Phone#: Email: DESCRIPTION OF PROPOSED CONSTRUCTION ❑New Structure ❑Addition ,PNAlteration ❑Repair ❑Demolition Estimated Cost of Project: ❑Other JZ �- $ Will the lot be re-graded? ❑Yes;No Will excess fill be removed from premises Yes ❑No �- N1 14 .� 1 PROPERTY INFORMATION Existing use of property: ,�� . 5S- Intended use of property: C'�I Zone or use district in which premises is situated: Are there any covenants and restrictions with respect to r,:�4—o this property? ❑Yes ONO IF YES, PROVIDE A COPY. �Iaeck Box After Reading: The owner/contractor/design professional is responsible for all drainage and storm water issues as provided by Chapter 236 of the Town Code. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone ordinance of the Town of Southold,Suffolk,County,New York and other applicable Laws,Ordinances or Regulations,for the construction of buildings, additions,alterations or for removal or demolition as herein described.The applicant agrees to comply with all applicable laws,ordinances,building code, housing code and regulations and to admit authorized inspectors on premises and in building(s)for necessary inspections.False statements made herein are punishable as a Class A misdemeanor pursuant to Section 210.45 of the New York State Penal Law. J Application Submitted By(print name): �'�`v�� I L/ Authorized Agent Owner Signature of Applicant: l,� lzr�-,V /I V / Date: (f CONNIE D.BUNCH STATE OF NEW YORK) Notary Public,State of New York SS: No.01 BU6185050 COUNTY OF ✓ F60 L-K) f'? Qualified in Suffolk County / i✓ Commission Expires April 14,2 a `� FAAUWeing duly sworn, eposes and says that(s)he is the applicant (Name of individual signing contract)abo named, (S)he is theZ/—LC- /`" I (C ntractor,Agent, Corporate Officer, etc.) of said owner or owners,and is duly authorized to perform or have performed the said work and to make and file this application;that all statements contained in this application are true to the best of his/her knowledge and belief;and that the work will be performed in the manner set forth in the application file therewith. Sworn before me this day of 20r Notary Public PROPERTY OWNER AUTHORIZATION (Where the applicant is not the owner) Brian Flanagan residing at 55 Saint Andrews Drive, Huntington, New York I, do hereby authorize Mark Schwartz to apply on my behalf to the Town of Southold Building Department for approval as described herein. 3 6.1 .23 Owner's Signature Date Brian Flanagan Print Owner's Name 2 SITE DATA PROPERTY: 9.800 SF 0.225 ac NON CONFORMING LOT: ZONE:R-40 FRONT:35' SIDE 1:10' C _ (280-124)SETBACKS: LOT COVERAGE:20% REAR:35' SIDE 2:15' Z., SEAWARD EDGEO HIGH WATER MARK MAXIMUM HEIGHT: BUILDING HEIGHT: SKYPLANE: 260-207 MAX.GFA: �..-.i ALONG BULKHEAD OF MEADOW _ �" BB 2. BB 22 BB 2 2 (280-4,280.208) 35' 70'h(AVG).45°ANGLE 2100.0 SF [� coo TB 3.3 WOOD BULKHEAD TB 3..3 TB 4.3 -- WOOD 0� ��� 3 ~` DESCRIPTION: AREA LOT COVERAGE: BULKHEAD SAND ;___ _ _T.- - EXISTING HOUSE: 922.6 SF 9.41% W W - -`—' PROPOSED PORCH: 50.0 SF 0.51% C WALK PROPOSED DECK: 387.7 SF 3.95% z W TOTAL- 1360.3 SF 13.87% O La SAND ' ✓ A WOOD EDGING O METES AND BOUNDS: SURVEYOR NATHAN TAFT CORWIN III DATE SURVEYED: MAY 15,2013 A •4 O SCTM: 1000-77-01-06 ELEVATIONS REFRENCE: NAVD 1988 Q Lu 3.3 0 0 Ln C5 "' CONCRETE 1 = CONCRETE CALCULATIONS GFA �[ LOCATION: AREA: TROUGH � ..J M TROUGH C6 -4 O m PROPERTY: 9800.0 SF i aO / (280.207d)GFA PERMITTED: 2100.0 15' ___—---0 �-- — -—-—- 10, EXISTING 1ST.FLOOR: 922.6 SF w�" TOTAL EXISTING: Z z ¢ Ln < ¢o ¢ ox _ Q00 agC) w � 4.1 4- — i 13.3' i PIER LINE --*"PIER LINE PIER L NE D PIER LINE � 5.5' � � m E CONC.PAD P1 00 ON GRADE 19.1' / D EC E Q VE m �u " S ,Jy 4.9 I ^ / o b 5- — _ — — + _— — — — — EXISTING 1 STOR m ,1 — — -5 AUG 7 m®E FRAMED HOUSE . M 2023 v F6CE C FF 6.96' - I N r m F � -• E 0 U m HEAT .� s. 1 lOding DePalts ent m W 31.9 32.3' Town of Southoic s.s IsToo — 6.71 L5:7 6- -� - - — — — W F' a u O ASPHAL +6.7 CONCRETE N 6.9+ RIVEWA TROUGH 7- - - m - - - - - - - - - o - - - - - - - - 7 ONS 'fid►` Y RETE ^'`f 0 CON Q TRO GH M E Z0 8- - - - - - - - - - - - - - - - - - - - -g a 8.4 B . S450 24' 40" W ,� ' DRAWN:hof,MS SCALE: AVENUE EXISTING SITE PLAN c- �n°23 ® . _ -@'���-i•` SNEET NUMBER AK sc��E. X11 = 20l-011 �J S-1 SITE DATA PROPERTY: 9.800 IF 0325- NON CONFORMING LOT, ZONE:R40 FRONT:35' DOE 1:It' SEAW (286124)SETBACKS:LOT COVERAGE.2096 REAP--3V SIDE 2:15' �IMUM HEIGHT.- BUILDING HEIGHT: SKYPLANE-. 286207 MAX.GFA,- HIGH WATER MARK ARD EDGE ALONG BULKHEAD OF MEADOW (2804180-2081 35, In(AVG).45'ANGLE 21DO..9 BB 2.1 BB 2.2 RB 2.2 z WOOD BULKHEAD TS 4.3 C) TB 3.3 TB 3.3 PHI DESCRIPTION: AREA LOT COVERAGE: 1-4 r1112�'D EXISTING HOUSE- M6 IF 9.41% PROPOSED PORCH: 50.OSF 031-A D PROPOSED DECK- 387.7 IF 3.95% -:..SAND'. W 0 TOTAL 1360.3 iF 13.97% NC WA EDGE n SCTM, 10�77­01-Dfi ELEVATIONS REFRENCE NAVD 1988 N D C) GEA CALCULATIONS WOOD EDGING 0 LOCATION: ARFA: .4 0 PROPERTY.93W-09 LU +33 b z 6 (290-207,I)rFAPERMITTED, 2100.0 0 J 13 4) EXISTINGIST.FLOOR: W2.60 R rn c; uj TOTAL EXISTING! -CONCRETE = CONCRETE TROUGH Lu J TROUGH 0bo -4 00 ce 4 0- 0 Ld') 15' 10, SILTiFENCE FINCE 0 I I = �Z z m < iz ' n C)31.9' 0 O�.- m 4.1 1, CD E_ a, 4- - 13.3' m PIER LINE00 0 --:PROPOSE PIER LINE 0 PIER LINE i CONC.PA 5.F STORM WATER MANAGEMENT DETAILS ON GRADE 19.1, \�LF 4.9 SF— 21F��RUNOFFAT DRY�U. DRYVIEU_ RAINPFR HOUR PROVIDE: CAPACITY. 11 PIER L NE rn -5 NEW DRIVEWAY 545 50.Fr. 9U CU.Fr. (1)S'cRa-Trice 84.5 CU.Fr. x 0 5 EXISTING I STOR FRAMED HOUSE' r1i UL FF 9.0' LL TOPISOIL LOC -TON I lfNsHco'ul 91 , 32.3' 1.9" -tLL 4-- 5.5 PROPOSED 10 6.7J k5 7' 4 — ON INA' Pp AORH �P Ut ?-30 Z 1 0 6- [low POSED c . CATCH BASIN rA DRYWALL Oil [low— CU IN �)FXtSTING DPJVEWA�, /6-7 CONCRETE NO 1Z TOBE REM—Drn TROUGH I uW 7 rn 7 O �°` ~ a PROPOSED 0 14'X39' '14" IMPERVIOUS DRIVEWAY Ln Z :ONCRETE 1 I M A 8 TROUGH / 9- _ S*-T-f EMI��j 8.4 CONSTRUCTIOiil. 70.00' 81 S450 241 4011 WENTRANCE 14 AVENUE P0. DRAWN:MH/MS OAY, PROPOSED SITE PLAN SCALE' J013 4: &19,W23 SCALE: 1" 20'-0" -SHEETNUMBM S-2 1 ' z 0 F w � O --_ ----_ - - p W LT jl I I ': �I11i ��11 - 1 .. '� 111 .I_.--�._r-�L ISI I ' I li T- -• FF EL 9.0 FF EL 9.0----- L._-�- 1 T-' ice; I I i GOADS EL 55 0 W PROPOSED SOUTH ELEVATION zd SCALE: 1/8" = 1'-0" d 0 F w � 00 0 � o x D� m E mSDs ------------- �= bu az LLo� ty N D E ---------- a eS m i W-00 a I o 9 g n o ID �F ELb.% Ff E16�96 - - GRADE EL 6.] ;� m GRADE EL 5.5 EXISTING SOUTH ELEVATION SCALE: 1/8", = 1'-0" ' � DRAWN:MH/M5 SCALE: r� I� JOB#: 8/9203 ®• • SHEETNUMBER: A-1 v� z 0 � w » w0 � x H oia ,Il ' ia - o0 _ — FF EL9A MEMO f^+ PROPOSED EAST ELEVATION a a0x SCALE: 1/8" = 1'-0" '' W 0 0 Pgs � os ar LL: o z u-� m m c P4'1 e r 9 S a I � 01 To ul ® ® ® ® o . lo FF EL 6.96 FF EL 6.96...�.� �•�• _ GRMFEL4.8 Y 0_ Q EXISTING EAST ELEVATION F SCALE: 1/8" = 1'-0" . 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PROPOSED DECK 13 -------------------------------- ----------- ------------------------ -------- -------- ------ -- ------------------------------ = >Z z d EXISnNG CRAWLS PACE TO BE REBUILT THROLIGKr TO MEET CURRENT MS CODE O FINALSTRUCTURETOV 1�10 0 0 00 REVIEW PRIO;�To E a C, PERMIT SUBMISSION -3 VERIFY CAROM LOCATION ------ ------- _)UNDER BEARING WALL vol"y- ....... ASSUMED GIRDER LOCATION M0 GIRDER L-AS= . •.................................... . — —.L I------- - ------ Cc GIRDER (3)2X8 GIRDER MF) i IN )2., . - IN. 2 8 GIRDER'(VI x 0 (3)M C ...... ------- E U CREMOVE. D=NG CEUMNrY: ADDITIONDmc� M -".DTRUCTUREUNV;NOV�0 (SmucrultEUNMOWN)' w z----------------- --------- ----------I......-------------- -------- ------- ------------------- ------------ LEDGER BOARD TO BE FASTENDED TO BUILDING WNH TLMBERLOKV SELF-COUNFERSWXINGSCRM 1 LEI EB BY OLYMPIC MANUFACTURING POSTTOANCHORl!M (2 SCREWS 0 32*D.C.) TOI6xI6CONC.PIERW L MIN 3'BELOW GRADE .... "PROJEcr NORTH "�J-'r)PRQJECT NORTH EXISTING CRAWLSPACE ACTUAL NORTH ACTUAL NORTH SCALE: 1/8" = 1'-0" PROPOSED CRAWLSPACE SCALE: 1/8" = l'-O" DRAWN:MHiMS SCALE, los R: WW23 SHEET NUMBER: A-5 A rn z - o H � - wo ax------------ Z > oa FWG1W6»�SAAS I I A o PROPOSED DECK k; m n SITTING ROOM I� UTHEDRALCELING z o I^ BANQUETzo �y I 3 x >z TW30462 TW30062 ry ------------- z pFxo- DO DN� z MO OOM No, ® LIVING/DINING /� ®::LIVING R cC vI B -mC� I s 97 CEILING W. o a THE° - ga uTHEDRAL�La o: 4 SHIPS Z UDDER BUILDWALL UP TO RAFTERSw ® m E LC TO REVIEW RAFTERS AND m ME4N.SPW CE/ADD AS REQ x _u BUILDWALLUPTORAFTFRS Q m m -- -- Y-0• Y6• LC TO REVIEW RAFTERS AND m 01 O.� a --- TIE-IN.SPWCE/ADD AS REQ. Q u 1 (L Z LL AT U 6 0 m 0 O BEDROOM No.11 g g UTILITY ROOM B2%-CERSNGHr. Ec 1 9T CEUNG M. 1 BATH 9,d _ L7 ^ E 0 94 ClG KITCHEN .—. —_ a ENTRY Ns O < 9T CEILING W. T (3)3%4 FLUSH INS Y H m Ewa 9T CEILING HT. 'l-0'cul W 3 ---- ------ i2 FENCING \\J\ ® a TWBD962 � Q STOOPU PROPOSED PORCH Q � � Q 10%10 FL COLUMN ---------- w/6X6 ACQ POST -- ------- NF- EXISTING FLOOR PLAN E PROJECT NORTH PROJECT NORTH 3 SCALE: 1/8" — 1'-0" ®ACTUAL NORTH ION ACTUAL NORT t. a Ia-0. WALL LEGEND WALLTOBEREMOVED A ................ O F ING WALL ® NEW WALLDFLAWN:MH, N° PROPOSED FLOOR PLAN 1MS DIMENSIONS OF IXOTING WAILS ARE F0.0M FINISHED WAL IDB X: I INT.:7%1-4W'.3%6=61p',EXT.:7%9=4',Z%6-6' SCALE: 1/8" = 1'-O" S' ` DIMENSIONS OF NEW WADS ARE FROM STUDS [EM./RdT.:Z%4_3-IQ'.2X6=5•IR'1 � A-6 BOARD MEMBERS S��oE SOUryo Southold Town Hall Leslie Kanes Weisman, Chairperson ,`O l0 53095 Main Road• P.O. Box 1179 Southold,NY 11971-0959 Patricia Acampora = Office Location: Eric Dantes �pQ Town Annex/First Floor, Robert Lehnert, Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento �COU lu�+� Southold,NY 11971 RECEIVED awl http://southoldtownny.gov 'pt4"d (; IrC2 ZONING BOARD OF APPEALS F E B 2 0 2024 TOWN OF SOUTHOLD Tel. (631)765-1809 Southold Town,Clerk, FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF FEBRUARY 15,2024 ZBA FILE: #7874 NAME OF APPLICANT: Brian W. Flanagan and Laura K. Flanagan PROPERTY LOCATION: 980 Oak Avenue, Southold,NY SCTM No. 1000-77-1-6 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions,without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply,dated December 22,2023, stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268,Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards.The LWRP Coordinator issued a recommendation dated January 25,2024. 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 EXEMPT from LWRP Review since the building is proposed to be raised/elevated to mitigate flooding. PROPERTY FACTS/DESCRIPTION: The subject property is a 9,800-sq. ft. non-conforming parcel in an R-40 Zoning District. The front yard property line measures 70.00 feet along Oak Avenue, the westerly property line measures 140.00 feet, the northerly property line, landward of a wood bulkhead, measures 70.00 feet and the easterly property line measures 140.00 feet. The property is improved with a one-story frame house with an attached enclosed porch, as shown on a survey prepared by Nathan Taft Corwin,III, L.S., dated May 15,2013. BASIS OF APPLICATION: Request for Variances from Article XXIII, Section 280-124; Article XXXVI, Section-280-208A; and the Building Inspector's October 16, 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 minimum required side yard setback of 10 feet; 2) the construction exceeds the permitted sky plane as defined in Article I, Section 280-4 of the Town Code; located at: 980 Oak Avenue, Southold,NY. SCTM# 1000- 77-1-6. RELIEF REQUESTED: The applicant requests variances to partially demolish and elevate the single-family dwelling and add a rear deck and a front porch. The rear deck will have a 5.5 feet side yard setback, equal to the Page 2,February 15,2024 #7874,Flanagan SCTM No. 1000-77-1-6 existing framed dwelling, and after elevating the dwelling,the proposed construction will result in approximately 3 sq. ft of the roof exceeding the sky plane as defined in the Town Code. ADDITIONAL INFORMATION: The existing dwelling was built within the pier line of property in close proximity to Goose Creek. The applicant agreed that the septic system will be upgraded to an Innovative Advanced (UA)Waste Water Treatment System. According to the applicant's representative, a pre-submission meeting was conducted with the Southold Town Board of Trustees,which resulted in that Board advising the applicant not to move the house. b Thirteen letters of support were received from neighbors. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on February 1,2024, 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: e 1. Town Law 4267-b(3)(b)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The dwelling is currently in significant disrepair and will 'require aesthetic and structural improvements as it is being elevated to conform to FEMA regulations because the subject neighborhood and lot are very vulnerable to significant flooding. The homes on either side of the subject residence are both two-story and much larger than the proposed elevated one-story dwelling. Additionally, many other dwellings in the neighborhood have been updated and enlarged over time. 2. Town Law&267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The subject dwelling already has a non- conforming side yard setback which is being maintained because the Trustees have informed the applicant that they do not support moving the footprint of the reconstructed dwelling to a more conforming location due to land disturbance. However, in order to elevate the renovated home to conform to FEMA regulations,which is required because the construction is deemed a demolition,per Town Code,while also meeting the Trustees request to maintain the existing footprint,the construction must exceed the sky pane limitations 3. Town Law &267-b(3)(b)(3). The variance granted herein for the side yard setback is mathematically substantial, representing 45%, relief from the code, while the portion of the dwelling located within the sky plane represents 100%relief from the code. However,the proposed partial demolition and elevation is required to mitigate any potential flood damage per FEMA requirements, and the sky plane violation is exceeded by only 3 square feet of the corner of the proposed roof,which is de minimus. 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. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code, and apply to the Southold Board of Trustees, if required. 5. Town Law&267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. Page 3,February 15,2024 #7874,Flanagan SCTM No. 1000-77-1-6 6. Town Law &267-b. Grant of the relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a single-family dwelling elevated to FEMA requirements while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B,motion was offered by Member Acampora, seconded by Member Lehnert, and duly carried,to GRANT the variances as applied for, and shown on the Site Plan and Architectural Plans (Sheets S-1, S-2, Al2 thru A-6)prepared by Mark Kevin Schwartz,Architect,dated January 22, 2024. SUBJECT TO THE FOLLOWING CONDITION: 1. The applicant shall install an Innovative Advanced septic system (UA) on the subject property approved by the Suffolk County Department of Health Services This approval shall not be deemed effective until the required conditions have been met.At the discretion of the Board of Appeals,failure to comply with the above conditions may render this decision null and void That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. IMPORTANT LIMITS ON THE APPROVALS) GRANTED HEREIN Please Read Carefully Any deviation from the survey,site plan and/or architectural drawings cited in this decision,or work exceeding the scope of the relief granted herein, will result in delays and/or a possible denial by the Building Department of a building permit and/or the issuance of a Stop Work Order, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above,such as alterations, extensions, demolitions, or demolitions exceeding the scope of the relief granted herein, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. TIME LIMITS ON THIS APPROVAL: Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was Page 4,February 15,2024 #7874,Flanagan SCTM No. 1000-77-1-6 granted. The Board of Appeals may,upon written request prior to the date of expiration, grant an extension not to exceed three(3) consecutive one (1)year terms. IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN. Failure to comply in a timely manner may result in the denial by the Building Department of a Certificate of Occupancy, nullify the approved variance relief, and require a new variance application with public hearing before the Board of Appeals Vote of the Board: Ayes: Members Weisman(Chairperson), Dantes,Planamento,Acampora, and Lehnert. (5-0) Aeshes Weisman, 6hairperson Approved for filing /2024