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Jm*r �z sh,a�.s Glye � ►�) 1�.� CW( �+ a1fi-or6 fan e,<t ftn ,ell la oarhL61 f � A�; kf i2-3 Owner: Breezy Shores Comnty Inc File M 7850 Address: 65490 Route 25 CJ Code: 18RL Agent Info Jennifer Wagner & Nico Schweizer 11 Lewis Lane Garrison, NY 10524 ✓0�4 Phone: 718-614-7380 Fax: Email: wagner.jennifer@gmail.com 4JO/R3 4'o 7�)4 1 .3 yfl Dr-5 bay- �� BOARD MEMBERS ��®F S®(/T Southold Town Hall Leslie Kanes Weisman, Chairperson �� �® 53095 Main Road• P.O. Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes a� Town Annex/First Floor, Robert Lehnert, Jr. O�yCOU�� 54375 Main Road(at Youngs Avenue) Nicholas Planamento , Southold,NY 11971 RECEIVED q http://southoldtownny.gov +- G 1•s3 ZONING BOARD OF APPEALS MY 20 TOWN OF SOUTHOLD aw` Tel. (631) 765-1809 Southold Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 16,2024 ZBA FILE: #7850 NAME OF APPLICANT: Jennifer Wagner & Nico Schweizer PROPERTY LOCATION:65490 Main Road, Greenport,NY, Breezy Shores Cottage# 14. SCTM No. 1000-53-5-12.6 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 October 26,2023 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 his recommendation dated July 17, 2023. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available, it is recommended that.the proposed action is EXEMPT from LWRP policy review and considered a Minor Action. PROPERTY FACTS/DESCRIPTION: The subject property is located in the R-80 Zoning District and contains 82. 6 acres. It is improved with three dwellings,a brick building,two garages,28 seasonal cottages and 20 sheds. Access to the property is via Sage Boulevard, which is a private road, and the property is adjacent on the south to Shelter Island Sound. The Breezy Shores community is a unique property deeply rooted in the history of the Town. The multiple cottages on the property are pre-existing non-conforming use that was established prior to zoning by the Sage family in the early 1900's. The cottages previously housed employees of the Sage family brick factory, and after the brickyard closed, they were rented as seasonal cottages. In 2000, a real estate cooperative, Breezy Shores Community Inc. was established, and shares were offered as an ownership interest in the Cooperative. The cottage at issue in this application is known as Cottage # 14 as shown on the survey prepared by Howard W. Young, L.S. dated December 12, 2013, and a Site Plan of Breezy Shores, showing proposed improvements including a reconstructed enclosed porch prepared Frank Uellendahl, Architect, last revised March 7, 2023 and labeled A-1 through A-4. BASIS OF APPLICATION: 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 a dormer addition i Page 2, May 16,2024 #53-5-12.6, Wagner—Breezy Shores#14 SCTM No. 1000-53-5-12.6 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: #14 Breezy Shores, 65490 Main Road(adj. to Shelter Island Sound) Greenport,NY. SCTM#1000-53-5-12.6 RELIEF REQUESTED: The applicant requests a variance to reconstruct the enclosed porch in the front and extend the roof of cottage # 14 in Breezy Shores Community where the Town Code does not allow for any additions and alterations unless the cottage is changed to a code conforming use. ADDITIONAL INFORMATION: The cottages are only non-conforming because there are multiple cottages on a single property where the code only permits one residence on one lot. The ZBA has a long history of recognizing that the age of these pre-existing non-conforming cottages would eventually require some structural and code related improvements over time and determined that variances that were de minimus in nature(prior relief granting no more than a 3% enlargement without expansion of the footprint) were reasonable for modernization and to keep the cottages in good repair and to maintain property values FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on May 2,2024 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 4267-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. This unique property represents its own neighborhood of 82.6 acres. It contains a substantial buffer of wetlands along the northern boundary of the property, and the enclave of cottages is sufficiently removed from other adjacent neighborhood properties so that adjacent property owners will not be affected by an additions and alterations. The reconstruction of cottage# 14's enclosed porch will not result in any additional square footage being added to the cottage and the roofline will be replaced in kind,which will not change the character of the neighborhood. There is a nearby cottage with the identical roof dormer in place 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 existing seasonal cottage is a pre-existing non- conforming building with a pre-existing non-conforming use. As a consequence of the non-conforming status, any proposed additions and alterations will require relief from the Town Code. 3. Town Law 4267-b(3)(b)(3). The variance granted herein for the alterations and additions is mathematically substantial, representing 100% relief from the code because Section 280-123 prohibits the enlargement of non- conforming buildings with non-conforming uses. However,the existing enclosed porch is currently in disrepair,and will be replaced with new foundations, and new walls and roof, which will match the existing in all ways. In prior decisions related to other Breezy Shore applications involving proposed increases of 3% or less in the size of these pre-existing non-conforming cottages,the Board has determined that such increases are reasonable and necessary for maintenance and updates and are de minimus in nature. 4. Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law §267-b(3)(b)(5). The difficulty has been self-created since 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. However,to Page 3, May 16,2024 #53-5-12.6,Wagner—Breezy Shores#14 SCTM No. 1000-53-5-12.6 the extent that a seasonal structure such as this one periodically requires some degree of reconstruction and/or alterations to continue the safe use of the structure,the need for variance relief is not self-created, but is created by Zoning Code that now prohibits an existing use and activities that at one time were not prohibited. 6. Town Law 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of renovations and additions 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 Lehnert,seconded by Member Planamento,and duly carried, to GRANT the variance as applied for, and shown on a Site Plan of Breezy Shores, and Architectural Drawings of Cottage# 14, prepared by Frank Uellendahl, Architect, last revised March 7,2023 and labeled A-1 through A-4. SUBJECT TO THE FOLLOWING CONDITIONS: 1. The cottage use will continue in its current status as an unheated seasonally occupied dwelling. 2. No other alterations or additions may be undertaken without review by the ZBA,except for necessary minor repairs as determined by the Town Building Department. 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 granted. The Board of Appeals may,upon Page 4, May 16,2024 #53-5-12.6, Wagner—Breezy Shores#14 SCTM No. 1000-53-5-12.6 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) 6eslie Kane Weisman, Chairperson Approved for filing �i lq/2024 y PROPOSED ADDITION � W C-10 is � m RECEIVE[? � 2 ' N SEP .5 2023 ' ® C- 14 SETBACK 100' WEfLAN� DWELLING Zoning Board of Appeals ir= GREENPORT, NY W 14 BREEZY SHORES Q U EXT'G ENCLOSED PORCH ARCHITECT o TO BE RECONSTRUCTED -9 °° o FRANK UELLENDAHL MAIN ROOF TO BE EXTENDED o 123 CENTRAL AVENUE z P.O.BOX 316 0 7 = GREENPORT, NY 11944 3 ¢ m TEL- 631-477 8624 _J G m OWNERS co 62'�DRYWELL m �� � JNIico SCHWAGNER IZER J' o DO MAHL / MARK SMfi}I / y TEL:- 718-614-7380 C-14 C-g � cn o ALL WORK MATERIAL AND EQUIPMENT SHALL BE IN ACCORDANCE WITH THE 2018 INTERNAT'L BUILDING CODE (IBC) AND THE 2018 INTERNATIONAL ENERGY CONSERVATION CODE (IECC) AND THE 2020 NYS WN E o RESIDENTIAL CODE Uj � W ® SUNROOM RECONSTRUC110N W Z ® EXISTING STRUCTURES o �� o CD Q RUN-OFF CALCULATION: r~ J -Al � C—� FOR 2° OF RAIN TO BE CONTAINED ON SITE COTTAGE 475 SF.100% run-off coefficient= 79.2 Cu.Ft. C-31 0 PROPOSED 8'x2' deep DRYWELL 84.5 Cu.Ft. WITH GUTTER LEADERS FOR ROOF RUN-OFF B THIS SITE PLAN IS BASED ON THE SURVEY O w N BY YOUNG & YOUNG, DATED DEC. 2015 & a FINAL MAP O A BY Z�A Z = DATE: 03/07/2023 REVIEWED , . o z E SALE N.T.S. DECISION# `78� SCALE: 1/1s =1-0 PROPOSED SITE PLAN ATF D' ) a CTM# = 1000-53-05-12.6 SITE PLAN TOWN OF SOUTHOLD o DWG. NAME SUFFOLK COUNTY, NEW YORK O � A-1 B61LDINCI PERMIT APPLICATION ° DWG. NO �U� 0 z:::=(9 DESIGN CRITERIA: PROPOSED RECEIVED W ADDITION GROUND SNOW LOAD - 45 PSF. o W LIVING AREAS AND DECKS - 40 PSF. SEP 2.5 2023 OUTDOOR OUTDOOR SLEEPING AREA - 30 PSF. W SHOWER SHOWER WIND SPEED - 130 MPH SEISMIC DESIGN CATEGORY - B �5 Zoning Board of Appeals iY WEATHERING SEVERE SHED SHED FROST LINE DEPTH 36" a- TERMITE - MODERATE TO HEAVY N W C■ 1 4, DECAY - SLIGHT — ICE SHIELD UNDERLAYMENT REQUIRED oLl _ o DESIGN IN ACCORDANCE WITH AMERICAN FOREST W DWELLING = PRODUCTS WOOD FRAME CONSTRUCTION MANUAL GREENPORT, NY _ = FOR 1&2- FAMILY HOUSE - PRESCRIPTIVE DESIGN METHOD 00 - Oro WINDBORNE 14 BREEZY SHORES O O N 0 - DEBRIS PROTECTION SCHEDULE BEDROOM 1 = KITCHEN BEDROOM 1 KITCHEN PRECUT WOOD STRUCTURAL PANELS WITH A THICKNESS ARCHITECT OF MIN 7/16 INCH ARE TO BE PROVIDED TO COVER o FRANK UELLENDAHL _ THE GLAZED OPENINGS OF THE PROJECT: 123 CENTRAL AVENUE FASTENER TYPE: 1/4" LAG SCREW BASED ANCHOR WITH o P.O.BOX 316 5 GREENPORT, NY 11944 2-INCH EMBEDMENT LENGTH, SCREW SPACING: 16 INCHES, m TEL 631-477 8624 _-: - _ o _ _= WINDOW SCHEDULE � PROPOSED WINDOWS ARE ANDERSEN PRODUCTS 400 SERIES. w OWNERS GLASS TO BE HIGH PERFORMANCE LOW-E GLASS JENNIFER WAGNER -_ SCREENS TO BE PROVIDED FOR ALL WINDOWS AND DOORS NICO SCHWEIZER O 0 O = HARDWARE - METRO COLLECTION: ANVERS, SATIN NICKEL FINISH o DOMARK SMfTIiL o • INTERIOR FINISH: WHITE, PRE-FINISHED :n o EXTERIOR COLOR: WHITE TEL. 718-614-73e0 M Mark Size Description Quantity 3 Y LIVING ROOM - - - - LIVING ROOM _,. A WDH2442 DODUBLE-HUNG WINDOW 8 ACCE TO B WDH3842 DODUBLE-HUNG WINDOW 5 CRAWL PACE CLG.HGT.: 7'-3" C CW13 CASEMENT ��-( ®'4 El D 30"x8O" PERMA-TRU DOOR - S2200 ENTRY FOYER ENTRY FOYER E 32"x8o" PERMA-TRU DOOR - S2200 �TBD TBD�CIO , :� i QE ©(2) 2x8 HEADER VENT TO MECH AREA WD3842 WDH3842 N I Ladder to Loft ' N I I J _ 166 SF SUNROOM cm - - N 2x8 F.J. @ 12" O.C. I I Z BEDROOM 2 _ SUNROOM BEDROOM 2 __ CATHEDRAL CEILING I w/ BRIDGING I S _ = _ o o � I 2" RAT SLAB I ' oo U v- ° ° o IT oM o L————————————————J c �CONT. 5"x125 LVL HEADER - - ii WDH24 -------------------� - �U DATE: 03/07/2023 OD DH2442 ® 42 SCALE: 3/16' = 1'-0° AE 14'-4" J J 12-1° J 14'-4" J 14'-4" J ' 26'-5" J r — 26'-5° r w EXT G & PROP D FLOOR PLANS FINAL. Ar— FOUNDATION PLAN EXISTING FLOOR PLAN PROPOSEDIbOlf�WED By ZBA FOUNDATION PLAN DWG. NAME o� [�ECISz( N# -14� N A-2 o DWG. NO DATED: �� PROPOSED ADDITION IRE W RECEIVED W SEP 2 5 2023 J o m of Appeals " Zoning Board y M C' 14 DWELLING W GREENPORT, NY N lilTil 1 111110 14 BREEZY SHORES ® EM � ARCHITECT ® W ■ Ell El ou 123 CENTRAL AVENUE o FRANK UE AVENUE P.O.BOX 316 ❑❑ L5 GREENPORT, NY 11944 ❑❑ m TEL 631-477 8624 0 :�] T, T-11 Ll OWNERS W iE JENNIFER WAGNER NICO SCHWEIZER EXISTING NORTH ELEVATION EXISTING SOUTH ELEVATION J DO M � MAARKRK SMITH AHL Z TEL• 718-614-7380 CD Y CW 3 \\\ 3 z I if IT II \\ I // \\ m / \ a _ \ o 11 1: El. FM if I I if if I I if if IT I IIIII IIITII 111111 111111 IIITII IIITII I O cV DATE: 03/07/2023 a SCALE: 3/16° = 1'-0° III III 1 11111 If IT if III 1 1111 I- EXT'G & PROP'D ------ 3 -ELEVATIONS ED BY ZBA W REVIEW N a DWG. NAME PROPOSED SIDE ELEVATION DECISION# ` PR POSED SOUTH ELEVATION DWG. NO A-3 ^TED: � E 0 PROPOSED 1 1/4" WIDE - 20 GAGE W ADDITION METAL STRAP @ 16" O.C. w/ 5-8d NAILS o W WRAP + NAIL STRAP w/ 4-4d NAILS W Z AROUND SILL PLATE AT ANCHOR BOLT J RECEIVED m . •.° ° T/0 GRADE r3 N C, 14 SEP 2 2023 2X12 RIDGE BEAM (2) #4 REBARS cn Q �, RIDGE STRAPS EACH RAFTER PAIR DWELLING Zoning Board of Appeals 2x4 COLLAR TIE EACH RAFTER PAIR 5/8" X 12" A.B. @ 48" OC. EO GREENPORT, NY w/ 3"x3"x3/16" FENDER WASHER. •i• 'Q ASPHALT SHINGLES TO MATCH EXT'G (max. 12" from end of sill plates) .° � 14 BREEZY SHORES 2x6 R.R. @ 16" O.C. w/ R-23 STONE WOOL INSULATION 8" P.C. FOUNDATION 1x6 HORIZONTAL WOOD PLANKS w/ 1'-4" X 8" CONT. FTC. ° ARCHITECT (3) #4 REBARS a FRANK UELLENDAHL F_ — — �,• ° a.a a o 123 CENTRAL AVENUE P.O.BOX 316 GREE a ° NPORT, W 11944 FOUNDATION DETAIL m TEL 631-477 8624 ATTIC FOUNDATION NOTES W OWNERS JENNIFER WAGNER L — — _j STORAGE LOFT STRENGTH = 3000 PSI AT 28 DAY ASTMc= NICO SCHWEIZER C-94 READY MIX CONCRETE. DOMINIE MAHL ATTIC ALL FOOTINGS, FOUNDATIONS, ETC SHALL MARK SMIiH 2x6 COLLAR TIE REST ON UNDISTURBED SOIL. TEL 718-614-7380 @ BOTH END WALLS ALL FOOTINGS AND FOUNDATIONS SHALL BE 3 (2) 1.75"x7.25" CONT. HEADER I FORMED. MEL ROOF CONSTRUCTION c c__ 30 YR ARCH'L GRADE ROOF SHINGLE - P o ON 15 LBS BIT. FELT IN 13OMPH REGION: 6 NAILS PER SHINGLE REQU'D FOLLOW MANUFACTORER'S GUIDELINES FOR INSTALLATION _ 0 T SHINGLES TO MATCH EXISTING ROOF I FEY _.�` ! CD WDH3842 WDH3842 5/8" CDX PLYWOOD SHEATHING 19 0 2x6 ROOF RAFTERS @ 16" O.C. w/ R-23 ROXUL INSULATION BEDROOM 2 =A 3/4" T&G 1x6 WOOD PANELS ROOF OVERHANG AND TRIM TO MATCH DWELLING .� E5 ROOF RUN—OFF TO ALUMINUM GUTTER AND s Z WOOD PLANK FLOORING TO MATCH EXT'G LEADERS CONNECTED TO DRYWELL 2z8 F.J. 0-12" o.c. w/ R-23 INSULATION WALL CONSTRUCTION SHALLOW CRAWL SPACE 1x6 T&G HORIZONTAL WOOD PLANKS 2x4 STUD WALL @ 16" O.C. Z o 2" RAT SLAB o R-15 STONE WOOL INSULATION 5/8" CDX PLYWOOD SHEATHING DATE: 03/07/2023 WATERPROOFING MEMBRANE: BLUESKIN VP100 BY HENRY SCALE. 3/8" = 1'-0' RED CEDAR SHINGLES TO MATCH DWELLING o - - - - - - - - - - - - - - - ' p HEXISTING V AL MA CROSS SECTION EVIEWED BY ZBp �ii DWG. NAME CRAWL SPA SCALE: 3/8" = 1' DID O A-4 DATED; �CDDWG. NO o� U COUNTY OF SUFFOLK RECK EVED, OCT 2 6 2023 STEVEN BELLONE Zoning Board of Appealo � I; ^_ � ( 23 SUFFOLK COUNTY EXECUTIVE fps �l�l DEPARTMENT OF ECONOMIC DEVELOPMENT AND PLANNING SARAH LANSDALE COMMISSIONER ELISA PICCA DEPUTY COMMISSIONER October 26, 2023 Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold,NY 11971-0959 Attn: Leslie Weisman Dear Ms. Weisman: Pursuant to.the requirements of Sections A 14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should-not be construed as either an approval or disapproval. Applicant Municipal He Number Wagner/Schweizer—Breezy Shores#14 #7850 P Kevin Kelly/Bridig Gillespie #7852 D Pablo DeLeon #7853 b FI School District(Ferry View LLC) J #7854 1> 1000 Soundbeach Dr. LLC #7858 D NF Project LLC 1 #78519: Sean Norris #7861 SE,'T- Very truly yours, ��ied�e�re A? By Christine DeSalvo Theodore R. Klein, Principal Planner TRK/cd Division of Planning&Environment H.LEE DENNISON BLDG 0 100 VETERANS MEMORIAL HV4Y,11th FI■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099■ (631)853-5191 �- E LOCATION: O�*QF SoUjyOl MAILING ADDRESS: Town Hall Annex h O P.O.Box 1179 54375 State Route 25 Southold, NY 11971 r.Main Rd. &Youngs Ave.), cia Southold,NY 11971 Q Telephone: 631 765-1938 7N, � ��)6 k COU LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD To: Leslie Weisman, Chair RECENED Members of the Zoning Board of Appeals j�,y 2 5 2024 From: Mark Terry,AICP LWRPistant Town Coordinator amiing Director ZONING BOARD OF APPEALS Date January 25, 2024 Re: LWRP Coastal Consistency Review for ZBA File Ref JENNIFER WAGNER AND NICO SCHWEIZER/BREEZY SHORES COTTAGE#14#7850 SCTM No. 53-5-12.6 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 - 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. BB.Additions to an existing dwelling constituting less than 25% of the existing structure where the addition is greater than 75 feet from a natural protective feature, except where the parcel is located in a coastal erosion hazard area; The parcel is not located within a coastal erosion hazard area. 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 FORM NO. 3 RECEIVED TOWN OF SOUTHOLD BUILDING DEPARTMENT SEP 2 5 2023 SOU'I'HOLD,N.Y. Zoning Board of Appeals NOTICE OF DISAPPROVAL DATE: April 4, 2023 RENEWED: July 25,2023 TO: Frank Uellendahl (Wagner& Schweizer) PO Box 316 Greenport,NY 11944 Please take notice that your application dated March 6, 2023: For permit to: construct alterations to an existing seasonal cottage. Location of property: 65490 Main Road Greenport,NY(Breezy Shores Cottage County Tax Map No. 1000 - Section 53 Block 5 Lot 12.6 Is returned herewith and disapproved on the following grounds: The proposed construction, on this conforming lot in the R-80 District, is not allowed pursuant to Article XXIII, Section 280-123 which states; "A non-conforming building containing a non-conforming use shall not be enlarged, reconstructed, or structurally altered or moved, except as set forth below: unless the use of such building is changed to a conforming Authorized ignature Note to Applicant: Any change or deviation to the above referenced application may require further review by the.Southold Town Building Department. 'CC: file,Z.B.A. RECEIVED 3`2023 Fee:$ Filed By':. Assignment No, _Zppipg poard of Appeals AP-PL1CATii0KT,,0:THE SOUTHOL"D �'CO.. 5®ARD.0F4: . , .. AREA'''VARIANCE' House No. Stree$ �i ® Hamlet OW"PORt Q � p SCT14I 1000 Section ...... locl s �2'�D Sixe$2 (o a C Zone0 Y I.(WE)APPEAL Tuu WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED..' TE ?� . ,BASED ON SURVEY/SITE:PLAN DAD ► -�- ` Ow er(s)t J��NI�... W&MM 61YI0 �v 52 Mailing Address: AIAN Telephone �t Y:.7J�O�lFax: Email: NOTE:In::}dditi'ottaa>tEieabave:,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 R,epresentatly�������`/� or�rOavner( )Other: Address:: . �1..,....:..`�� fl� � Qlv /oJ a TelephoaneN O 73VFax: Email: �45W,10l wiL o Al. 0 Please cheek to specify who you wish correspondence to be n:ailed to,from the above names: ( )Applicant/Owner(s), ( )Authorized Representative, ( )Other Name/Address below: WHEREBY THE BT.ALDINQ INSPECTOR REVIEWED SURVEY/SITE. L DA'xED ?and DENIED AN APPLICATION DDA'I'I!1]D 316 UO]Et: ( )Dlnllding' ea'tnit (: )Certifgeate of Occupancy ( )Pre-Certificate of Occupancy ( )Challge of 1•O ( )'Permit for As-wilt Construction ( )Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance b umbe s 1Do,not quote the code./ Article: Seetian: b i '— �� Subsection: Type of Appeal. An Appeal is made for: ( )A Variance to the Zoning:Code or Zoning Map. ( )A Variance due to lack of access required by New York Town Law-Section 280-A. ( ).Interpretation of the Town Cade,Article Section (') O A prior apReversal a a ersalos'Othhas not'been madeaVany.tihie:with;reslaecfto fllis,,nrotierty, UNDER Appeal o(s).., `1'ear(s). .(Please be sure to research before completing this question or call our office for c ssistance) Name of Owner: ZBA File# Name of Owners: JENNIFER WAGNER AND NICO SCHWEIZER R:Board ED S 2023 REASONS FOR APPEAL Zoning of Appeals '1)An undesirable change will not be produced in the CHARACTER-of the neigh or a detriment to nearby properties, if granted, because: It has been determined by the Town of Southold that the cottages at Breezy Shores Community, Inc. constitute non-conforming buildings containing a non-conforming residential use. Therefore the Building Department has determined that relief is required to undertake the proposed renovations and alterations because the structure will not be changed to a conforming use. This unique property represents its own neighborhood of 82.6 acres with substantial wetlands and it's far removed from neighboring properties so that no adjacent property owner will be adversely impacted by the proposed structural improvements. The addition will increase the size of the existing structure by less than 3%. 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: Due to the pre-existing, non-conforming"residential use of the cottage that cannot be enlarged and structurally changed, it is not possible to make the proposed improvements to the cottage without the requested relief from the code. 3)The amount.of relief requested is not substantial because: The footprint expansion of only 17 SF(2. 95%increase) is located landward of the existing cottage at a distance of+/- 75 feet from the bulkhead. In prior decisions related to other Breezy Shores applications involving proposed footprint enlargements of less than 3%the Board has deemed such increases to be de minimus in nature. 4)The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: Due to the isolated location of the property a variance relief in this community will not produce a negative impact on the physical or environmental conditions. 5) Has the alleged difficulty been self-created? (X)Yes,or() No.Why? Yes, because the applicants bought the cottage after the Zoning Code was in effect and knew about the limitations regarding alterations to the structure, however, the need for a variance is not necessarily self- created because a seasonal dwelling requires periodically some degree of structural adjustments and alterations to continue the safe use of the structure. Are there any Covenants or Restrictions convicerrning this land? (30 No()Yes 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 below, /certify all informationis true and correct to the hest of my knowledge. Sworn to before day of V(J 2023r� Signature of Authorized Agent �4z\ CONNIE D.BUNCH Notary Public,State of New York Notary Public No.01 BU6185050 Qualified in Suffolk County , L Commission Expires April 14,2T APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) kq--] RECEIVED • i � r �nr �� / Applicant:v��1V ���� V U C�0 V�� Date Prepared: � CT 01 2023 I.For Demolition of Existing,Building Areas Please describe ar a. be' g removed: onin Board of Appeals rXTA[GL S II. New Construction Areas(N!w,DweT o New Additions/E t nsions Dimensions of first floor extension: i N � �W CONS06( �17Q� Dimensions of new second"floor: Dimensions of.floor above second level: Height(from finished ground to top of ridge): Is basement or-lowest floor area being constructed? If yes,please provide height(above ground) measured from natural existing grade to first floor: _ 7 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: . Number of Floors and Chan es WITH Alter ations: . IV., Calculations of building.areas and lot coverage(from surveyor)./ Existing square footage of buildings on your prop rty: (D o ,x.. ..So. Proposed increase,of .11VIA- Square'sfootage Square':footage of your lot: GP G Percentage of coverage of your lot by building area: V. Pu ose:of eW.Constru tion: y 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): Please subunit seven(7)photos,labeled to show different angles of yard areas after' staling corners for new construction),and photos of building area to be altered with yard view. 7/2002;2/2005; 1/2007 '.QUEST`IONN'AIRE [RECEIVED FOR FILING WITH'Y(3UFt.Z$A APPLICATION EP 2.5 2023 As. Is.thesubjectpremis�listed on.the.reaiestafe market for sale? eals Board of kPP B: Are eire:any proposals to.chango or alter land:contours? No. Yes please explain:04 attached;sheef:; Q 1:.}.Are there areas that contain sand or:wetiand.gratsses? .. . /.� .. . �')Are those areas shown on ttie.survey submitted with.#has application? 3),Is tkie propgW.-bulk headed.befween:the:wetlarids area slid the upland building area? 4.'If�property contains wetlands.or pond:areas,.have: o contacted:t>ie:Office.of the Town.trustees.,for its:deteiihinatiori of jurisdiction?::. .. . Please:co f tus of your inquiry or application with.the Trustees; /C .. /O *d if:issued;.pleAse,aft acn:eopies of permit with`coriditions.and:approveil D.,.. Is:'there a:degiession:orrsloping elevation neanthe area of.proposed cbnstruct..n at or below five feet:above:me,an sea levet.?;� R. :.Are tW,t6 any patiosi.concrete barriers;bulkheads or fences that exist that.are not. shown on the survey:that:you are submitting`?„ Please shiiw, area;oft the. structures-on.a diagram if any exist or state.none on:ft':above.line. 17, Do.you have any construction taking.place at'this time cone..erriing your :premises!_/ yes,.please submit a Dopy of your:building perniit.and.survey.as:approved:by the:$aiiding Department:and please describe, G .Please attach ail pre-certificates of occupancy an d oertificates of occupancy for the subject pxemises. If any are:Iacking,.please apply to the.Builcling 1?epartment:to either obtain tkiein or.to obtain an Amended Notice of Disapproval: H'. poy' Ou:or::any coaowner alsa.owi.i othersand:adjoining or close to.this parcel? Ifyes;:please:label the proximity of your lands:MYour survey. please list present use.or:operations:conducted at:this � �. U anci the proposeci:use.:;::�, 11/ COY�� U (�U (az::ezista�gsingle:femity;proposed'.same witli pool or other)/L f✓1q/ ld�t d-b A,thoi iz §i ' a ... rid:Date \ t t TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR PH-EYED TOWN HALL SOUTHOLD, NEW YORK p CERTIFICATE OF OCCUPANCY DEC 12020 NQNCONFOR112ING PREMISES DATE: July 24, 1984 Zoning Board Of Appeals THIS IS TO CERTIFY that the Pre C.O.#Z 12637 JI Land x! Building(s) [Zonling :13oa,d:'� r/ Use(s) _located at 67380 Main Road Arshamomague GreenportStreet Hamlet shown on County tax map as District 1000, Section 0 0 „ Block 05.0d1 001.001 Lot , does(not)conform to the present Building Zone Code of the Town of Southold for the following reasons: There are 6 dwellings op one lot There are 25 non-conforming seasonal cottages. On the basis of information presented to the Building Inspector's Office, it has been determined that the above nonconforming r/Land JT/Building(s) /.X/Use(s) existed on the effective date the present Building Zone Code of the Town of Southold, and may be continued pursuant to and subject to the appli- cable provisions of said Code. IT IS FURTHER CERTIFIED that, based upon information presented to the Building Inspectorls Office, the occupancy and use for which this Certifi- Property contains 5-1 story houses, 1-2 story cate is issued is as follows.house, 2-accessory bldgs., 25 seasonal cottages, 2 garages, 2 sheds (37 bldgs.). This property has access to Rt. 25 a State maintained highway, in the A zone-Non-conforming seasonal dwellings. Charlotte Sage, Michael Sage, James Sage The Certificate is issued to patr:_kcla (owner,k11te�E$$�ko�7C�) of the aforesaid building. Suffolk County Department of Health Approval N/A UNDERWRITERS CERTIFICATE NO. N/A NOTICE IS HEREBY GIVEN that the owner of the above premises HAS NOT CONSENTED TO AN INSPECTION of the premises by the Building Inspec- tor to determine if the premises comply with all applicable codes and ordin- antes, other than the Building Zone Code, and therefore, no such inspection has been conducted. This Certificate, therefore, does not, and is not intended to certify that the premises comply with all other applicable codes and regula- tions. Buil ing inspector �` r RL.5+I.i V ED 4�ol DEC 112020 +C7-O vEp Zoning Board Of Appeal e 1 i 5 2�6°ard°f, l A�eld ' �J'rtiproE•ch�ecr _�"._. _ .?. ._. ie _*,oA*_7yf v of Yb P,f BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson Hof sooty 53095 Main Road•P.O.Box 1179 � O �� l0 Southold,NY 11971-0959 James Dinizio,Jr. t Office Location: Gerard P.Goehringer G Town Anne /First FI ,fie Bank George Horning 0 i0 54375 M in Road un ��venue) Ken Schneider '��'out�tT`�,� S uthold,�Y "Z91)"2023 \, http://southoldtown.northfork.net V Zoning Board of App ZONING BOARD OF APPEALS TOWN OF SOUTHOLD PE% Tel.(631)765-1809•Fax(631)765-9064 `�� 20 • • FINDINGS,DELIBERATIONS AND DETERMINATION old Town Jerk MEETING OF JULY 19,2012 ZBA FILE�S1- NAME OF APPLICANT:Breezy Shores Community, Inc. (Hernan Otano, Cottage#5) PROPERTY LOCATION: 65490 Main Road(aka Sage Blvd.)Greenport,NY SCTM#1000-53-5-12.6 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 November 17, 2011 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP 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 November 29, 2011. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our determination that the proposed action is CONSISTENT with LWRP policy standards. PROPERTY FACTS/DESCRIPTION: Subject parcel is located in the R-80 zone and contains 82.6 acres. It is improved with three dwellings, a brick building, two garages, 28 seasonal cottages and 20 sheds. The Breezy Shores community is a unique property deeply rooted in the history of the Town.The access to the property is via a private road (Sage Boulevard) and the property is adjacent on the south to Shelter Island Sound, as shown on the survey dated January 25, 2011. The multiple cottages on the property are a pre-existing non-conforming use that was established prior to zoning by the Sage family in the early 1900s. The cottages housed employees of the Sage family brick factory and have been rented as seasonal cottages. In 2000, a real estate cooperative, Breezy Shores Community Inc., was established by the community and shares were' offered as an ownership interest in the cooperative. The cottage at issue in this application is known as Cottage no. 5 and is owned by Hernan Otano. BASIS OF APPLICATION: Request for Variances from Article XXIII Code Section 280-123, Article XXII Section 280-116 and the Building Inspector's October 14, 2011, amended October 18, 2011, amended to clarify description of structure dated December 8,2011,Notice of Disapproval based on an application for building permit for demolition and construction of a cottage at; 1)a nonconforming building containing a nonconforming use shall not be enlarged, reconstructed, structurally altered or moved,unless such building is changed to a conforming use, existing cottage is a nonconforming building with a nonconforming use 2) less than the code required bulkhead setback of 75 feet. j Page 2 of3—July 19,2012 ZBA File96525-Otano CTM: 1000-53-5-12.6 RECEIVED RELIEF REQUESTED: The applicant requests variances to reconstruct a cottage that Nas de h d " s built"construction with a nonconforming use where the code permits no enlargement, rec nstructorl s unless the building is changed to a conforming use, and a bulkhead setback of 50 feet where the code requires 75 feet. . Zoning Board of Appeals AMENDED APPLICATION: During the hearing,the applicant was asked to separate the two variance requests: I)the nonconformity to be considered under the use variance standards; and 2)the bulkhead setback under the area variance standards. The use variance application was reviewed under Zoning Board file#6557. ADDITIONAL INFORMATION: The applicant was given a building permit to lift the cottage off the foundation and replace the foundation to conform with FEMA requirements. The applicant demolished the cottage without benefit of a building permit. The cottage is part of an incorporated community. In 1985, a prior owner applied to the Zoning Board of Appeals under file#3320 for permission for a 19 lot subdivision of this property; the request was denied. In 1994, the original owner applied to this Board for permission to continue a discontinued use of renting the cottages, the application was deemed inactive and closed since the applicant never provided the additional requested documents. It is also noted that this property does not have 280A approval. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on December 1,2011,January 5,2012, March 1, 2012 and June 7,2012 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 4267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood nor a detriment to nearby properties. This unique property represents its own neighborhood of 82.6 acres with substantial wetlands and is far removed from adjacent properties. Thus, no adjacent property owner will be adversely impacted by the proposal. These 28 seasonal cottages on the subject property have been in existence since the early 1900's when they were built for occupancy by workers in the Sage brick factory. In the 1940's, when operation of the brick factory slowed, cottages were rented to summer guests. Each of the adjacent waterfront units are similarly located from the bulkhead and are of similar size. 2. Town Law &267-b(3)(b)(2). The benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue, other than an area variance. While this Board recognizes the existing proprietary lease on the property that limits the applicant with respect to where he can build a replacement cottage structure, given the ample size of the property, it is feasible for the applicant to construct this structure in a conforming location. It is noted that the proprietary lease is a document that can be changed based upon the needs of the community and its owners. Additionally,the proprietary lease cannot take precedent over the Town Zoning Code. 3. Town Law&267-b(3)(b)(3). The variance granted herein is mathematically substantial,representing 33%relief from the code. However, in the context of the entire community the variance is not substantial. The non- conforming cottage units have existed in the current location since the 1940's, with each cottage unit in a similar location. The location and size of the proposed structure shall remain the same. 4. Town Law &267-b(3)(b)(4) A variance in this residential community will not have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant has stated that it is not feasible to relocate the cottage due to the extent of the flood zone this parcel is located in. Additionally, the changes made to the foundation have made the structure compliant with FEMA. Finally, the applicant shall be required to conform to the requirements of Chapter 236 of the code regarding storm water runoff. 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 1 L. RECEIVED Page 3 of 3—July 19,2012 ZBA F ilefl6525-atano S E P 2.5 2023 CTM: 1000-53-5-12.6 limitations on the use of the parcel under the Zoning Code in effect prior to or at kn�r][Mpgfj PPROPNIS Additionally, the applicant proceeded with a demolition/construction of this structur building permit. 6. Town Law &267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new seasonal cottage unit 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 Weisman (Chairperson), seconded by Member Goehringer, and duly carried,to GRANT the variance as applied for,and shown on the architectural drawings labeled site plan,floor plan, and east, west, waterside and entry side elevations, prepared by Fairweather Design Associates dated 11/10/2011 and stamped received by the Board of Appeals on November 10,2011. CONDITIONS: I 1. The structure shall be used only as an unheated seasonal cottage 2. No future alterations/renovation or additions on the subject cottage may take place without review by the ZBA,other than necessary minor repairs, as determined by the Building Department. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. 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. Vote of the Board: Ayes:Members Weisman(Chairperson),Goehringer,Schneider, Horning. Nay:Me er Dinizio. This Resolution was duly adopted(4-1). Leslie Kanes Weisman,Chairperson Approved for fling rJ /,23 /2012 `1 ► r BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson l �OF so Southold 53095 Main Road-P.O.Box 1179 � p ti® 0 Southold,NY 1 - James Dinizio,Jr. t Off e c Gerard P.Goehringer G Q Town nnex/First oor,Capital One ank George Horning 5437 Main REo ( oTAvenu ) Ken Schneider l'`�'aU�ti�� Southo 1 �fi�' http://southoldtown.northfork.net Zoning Board of Appeals ZONING BOARD OF APPEALS ECEIVED TOWN OF SOUTHOLD _+ 9 'O Tel.(631)765.1809-Fax(631)765-9064 1 FINDINGS,DELIBERATIONS AND DETERMINATION So 0' Town Clerk MEETING OF DULY 19,2012 ZBA FILE: #6 NAME OF APPLICANT: Breezy Shores Community, Inc. (Hernan Otano,Cottage#5) PROPERTY LOCATION: 65490 Main Road(aka Sage Blvd.)Greenport,NY SCTM# 1000-53-5-12.6 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 lI category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application.was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated November 17, 2011 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP 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 his recommendation dated November 29, 2011. Based upon the information provided on the LWRP Consistency Assessment Form submitted td this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: Subject parcel is located in the R-80 zone and contains 82.6 acres. It is improved with three dwellings, a brick building, two garages, 28 seasonal cottages and 20 sheds. The Breezy Shores community-is a unique property deeply rooted in the history of the Town.The access to the property is via a private road (Sage Boulevard) and the property is adjacent on the south to Shelter Island Sound, as shown on the survey dated January 25, 2011. The multiple cottages on the property are a pre-existing non-conforming use that was established prior to zoning by the Sage family in the early 1900s. The cottages housed employees of the Sage family brick factory and have been rented as seasonal cottages. In 2000, a real estate cooperative, Breezy Shores Community Inc., was established by the community and shares were offered as an ownership interest in the cooperative. The cottage at issue in this application is known as Cottage no.5 and is owned by Hernan Otano. BASIS OF APPLICATION: Request for Use Variance under section §280-13.(A)(1)which permits single family detached dwellings, not to exceed one dwelling per lot and from Article XXIII Town Code §280-123 and the Building Inspector's December I2, 2011 Notice of Disapproval, updated March 6, 2012 based on an application for building permit for demolition and construction of a cottage as; 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 RELIEF REQUESTED: The applicant requests a use variance to permit the demolition and reconstruction of an 807 sq. ft. seasonal cottage.The total 807 square feet includes the habitable space and non-habitable porch,but not Page 2of6—July 19,2012 ZBA Filea6557.Otano CTM: 1000-53-5-12.6 the stairs and landing. The need for a use variance is caused by the request to establish an additional use (non- conforming cottage)on a subject property that already has a principal use(dwelling). ADDITIONAL INFORMATION: The applicant originally applied to the ZBA solely for an area variance for the setback of the cottage to the bulkhead. The bulkhead variance is addressed in ZBA decision 46525. During the initial public hearing on this matter, when questioned on whether the demolition of the structure would cause the structure to lose its pre-existing nonconforming status,the applicant's response was that the structure was not being demolished and that, even it if were, that the structure could be permitted under §2807122. After receiving significant testimony from the applicant's representatives and the Town Building Department,'the Board requested that the applicant submit an application for a use variance. As such, the Board will address below the issue of whether the structure was demolished; whether this structure constitutes a noncLngild' 0 nonconforming use; whether §280-122 permits the demolition and reconstruction of a �erming structure; and whether the applicant is entitled to a use variance. V FINDINGS OF FACT/REASONS FOR BOARD ACTION2 5 2023 The Zoning Board of Appeals held public hearings on this application on December 1, d2fflappeals March 1,2012 and June 7,2012, at which time written and oral evidence were presente 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. Demolition Based upon the Notice of Disapproval issued by the Building Department on December 8, 2011 and updated on March 6,2012,the proposed action included the demolition and construction of a cottage. It is important to point out that the Notice of Disapproval was issued after a stop work order had been issued on the property and prior to the work being completed on the structure.The applicant presented the following testimony/evidence to illustrate that the proposed construction did not constitute a complete demolition of the structure: 1. A floor plan with its original application dated 11/10/2011 indicating"rebuilt existing walls"and"new walls" 2. A memorandum,received on December 28,2011 that included a listing of items that remained in the structure and items that were re-built 1 3. A letter from an Architect,Robert I. Brown dated December.13,2011 stating that"less than 50%of the structure had been demolished" At the public hearing on March 1,2012,the Board addressed each item presented by the applicant. The Board noted that the floor plan submitted dated 11/10/20 H indicated that every single external and internal wall of the structure was either being rebuilt or was new. (March 1,2012 Transcript,pg. 6 lines 15-25). Additionally,the Board members and representatives from the Building Department noted that based upon the physical inspection and their experience, it appeared that the applicant took the structure apart piece by piece and reconstructed a major portion of the structure. Both the memorandum and letter from Mr.Brown attested to the work,that had been performed up to and until December 10,2011 when-the stop work order was issued, but did not account for the additional work that would be required to complete the construction on the structure. Additionally, Mr. Brown's letter did not contain the mathematical support for the calculation,nor did he provide such calculations at or after the public hearing as requested. As such,the statements made therein are simply conclusory with no basis in fact before the Board. On the other hand,and based upon the physical inspection of the structure the Board notes the following items: 1. A new foundation was installed; 2. New plywood siding was installed; Page 3 of6—July 19,2012 ZBA File#6557-Otano CTM: 1000-53-5-12.6 3. New joists were installed; 4. New strapping was installed; RECEIVED 5. A new plate was installed; 6. New plumbing is required; 7. New electric is required; SEP 25 2023 8. Every window was replaced; 9. Entire porch was replaced; Zoning Board of Appeals 10. Each wall was replaced; 11. The roof would be replaced; 12. One third of the floor system was replaced. As stated by the Chief Building Inspector at the March 1,2012 hearing(transcript p. 24, line 25,p. 25 line 1)"[i]f you have four walls and you take four walls down it's a demolition." It is obvious that this structure was taken apart and demolished, piece by piece,and replaced with an entirely'new structure. As such,this Board finds that the amount of demolition and reconstruction that took place and will take place to complete this structure amounts to a full demolition and the loss of any pre-existing nonconforming status that this building maintained prior to the commencement of any construction. II. Nonconforming Status of the Structure and Interpretation of§280-122 A. Nonconforming Status of the Structure As set forth above,the December 12, 2011 Notice of Disapproval(updated March 6,2012)identified this structure as a nonconforming building containing a nonconforming use. Pursuant to §280-123 of the Town Zoning Code: A nonconforming building containing a nonconforming use shall not be enlarged, reconstructed or structurally altered or moved,except as set forth below, unless the use of such building is changed to a conforming use At the January 5,2012 pubic hearing,when asked to explain the language of the Notice of Disapproval,the Building Department Permits Examiner,Patricia Conklin,testified: "I looked at the paperwork. Saw pictures from the Trustees and determined with the site review,determined that it was a nonconforming building.No. 1 because it is a seasonal cottage and its less than 850 square feet. Therefore it fits the category of a nonconforming building.The second part of that nonconforming use is,it's the second structure as a principal building which is on that property. (January 5,2012 transcript,p 88 lines 11-20) We have a second-structure after the principal one and have one lot. And then there are subsequent structures,they are not permitted as of right. So that is why it would be sent to you as a nonconforming use. And then in addition,this is a nonconforming building because it's less than 850 square feet,as defined in the Southold [Town Code]." (January 5,2012 transcript, p. 89 lines 3-12) The applicant presented testimony and case law to this Board to support the argument that the cottage was a nonconforming building with a conforming use that should be considered under§280-122. More specifically,the applicant cited Matter of Dawson v. Zoning Board of Appeals of the Town of Southold, 12 A.D.3d 444, 785 N.Y.S.2d 84(2°d Dept. 2004)as legal precedent for the principle that the cottage was a residential use. In Matter of Dawson the Court considered whether a single accessory cottage to a single principle dwelling was a nonconforming building with a conforming use rather than a nonconforming building with a nonconforming use. The analysis was important in that instance to confirm whether the ZBA properly focused upon whether the use had been abandoned for two years under§280-121 which governs nonconforming uses.The Court concluded Page 4 of 6—July 19,2012 1 ZBA Fileg6557-Otano CTM: 1000-53-5-12.6 that the cottage was accessory to the principal dwelling and therefore a nonconforming bui ling— use. As such,-the abandonment provisions of the Town code were not applicable and are i variariREEtppitoave been granted. The facts at issue in this instance are clearly distinguishable from the circumstance presentSirpc�v o 02 Here,the ZBA is not simply dealing with a single family dwelling and a single accessory cottage. W ile t e ou considered the cottage an established accessory use to a principal dwelling,having 28 cotta es as an accessory to a residential use is simply not supported by Dawson. Zoning Board of Appeals Pursuant to§280-13(A)(1)each lot in the R-80 zone is allowed to have a one-family detached dwelling, not to exceed one dwelling per lot. The intent of the this section is clearly to limit the number of dwellings and residential uses on a single lot and to reinforce the subdivision regulations set forth in Chapter 240 of the Southold Town Code. This property contains three dwellings and 28 seasonal cottages on a single lot. This is further complicated by the fact that this"cottage"does not meet the definition of a dwelling under§280-4,that"cottages" are not addressed as a permissible use anywhere within the Town Code and the Town does not permit cottages as an accessory to a principle dwelling. As such,this cottage is treated as a nonconforming building with a nonconforming use that requires a use variance. B. Interpretation of§280-122 While it is noted that the ZBA does not have to proceed with this issue because it has determined that a use variance is required,the ZBA will issue a determination on whether§280-122 permits an applicant to demolish and reconstruct a structure, in place and in kind,without the need for further variances,as argued by the applicant. Section 280-122(A)states: Nothing in this article shall be deemed to prevent the remodeling,reconstruction or enlargement of a nonconforming building containing. a conforming use, provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings. Throughout this proceeding,the applicant has argued that,pursuant to §280-122(A), he was permitted to demolish and reconstruct this structure in place and in kind, in its entirety,without the need for any additional variances. At the public hearing,the ZBA and Building Department provided the applicant with a copy of a memorandum of the ZBA to the Building Department from 2002. (March 1,2012 Transcript,pp 16-21).This memorandum set forth types of"reconstruction"that would not trigger the need for additional variances. Such activities include,but are not limited to:replacement of windows,raising ceiling height without increasing the degree of nonconformity; repair or-replacement, in place and in kind,of siding or roofing;or replacement or repair of existing decks,porches or roofs as long as there are no new extension or extensive modifications which increase the degree of nonconformity. From the listing in this memo, it is clear that the ZBA has interpreted §280-122 to allow a property owner to make minor repairs and for minor reconstruction. As such,the term"reconstruction"as used in §280-122(A) does not permit the demolition of an entire structure and replacement in kind without obtaining all required variances. U. Use Variance Application: 1. Town Law$267-b(2)(b)(1). The applicant cannot realize a reasonable return for each and every permitted use under the zoning regulations for the particular district where the property is located, demonstrated by competent financial evidence. The applicant provided ample evidence that it is not able to realize a reasonable return from the property without the ability to reconstruct the cottage. The applicant's form of ownership interest in the property is a severely limiting factor. The Applicant retains a share in a cooperative that is governed through a proprietary lease, which permits residential uses only on the property. Any other use permitted under the Town Code is virtually impossible on this property given the cooperative ownership. If not permitted to reconstruct the structure in place and in kind,the applicant's ownership interest has no value and is rendered useless. The applicant 1 _ Page 5 of 6—July 19,2012 ZBA File#6557-Qtano CtM:1000-53-5-12.6 submitted an affidavit regarding the value of the shares in the cooperative, as well as information aaE e sales in the area of the property,as well as information regarding the maintenance and carr,ing chat% jtb(ED property. In light of these circumstances,the Board finds that the applicant cannot realize a reasonable return on his property interest. SEP 2.5 2023 2. Town Law 4267-b(2)(b)(2).The hardship is unique to the property and it does not apply to a substantial portion of the district or neighborhood. As set forth above, this property is unique given its hist rigwihl%XN l' f0igeals exiting nonconforming nature of the entire community. It is one of a limited number of propenles 1n SOULHOLN Town that retain multiple'seasonal cottage uses and the only property of this size.The grant of a use variance here will not create a precedent that would apply to other lots in the community and the decision will apply only to this Property 3. Town Law§267-b(2)(b)(3). The requested use variance, if granted, will not alter the essential character of the neighborhood. With respect to preserving the character of the neighborhood, it is noted that this parcel is a separate enclave that is sectioned off from the surrounding community. It is.an 82 acre parcel, with access via a gated private road. Only those persons who live within Breezy Shores have access thereto. The community is seasonal and the residents utilize the structures primarily from April through October. The seasonal structures are strategically located to take advantage of the water views. Additionally,the location of the reconstructed structure is appropriate within the context of this neighborhood,as the adjacent structures are similarly situated, the location of the structure is where it was originally and the size of the structure will remain unchanged. 4. Town Law §267-b(2)(b)(4) The alleged hardship has not been self-created. .The applicant purchased his interest in the Breezy Shores community and the subject seasonal cottage in 2002. This structure had been in existence for many years and the Breezy Shores community required that the applicant make certain repairs to update the structure, which started with replacing the foundation. Upon raising the house,the applicant discovered that the condition of the structure was significantly worse than expected and that major reconstruction was necessary to make it safe and habitable. 5. Town Law 4267-b. Grant of this use variance is the minimum action necessary and adequate to address the unnecessary hardship proven by the applicant, and at the same time preserve and protect 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 Weisman (Chairperson), seconded by Member Goehringer, and duly carried,to GRANT,the use variance as applied for,subject to the following conditions: CONDITIONS: 1. The structure shall be used only as an unheated seasonal cottage. 2. No future alterations/renovation or additions on the subject cottage may take place without review by the ZBA, other than necessary minor repairs,as determined by the Building Department. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. 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. Page 6 of6—July 19,2012 GBA File#6557-Otano CTM: 1000-53-5.12.6 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. RECEIVED Vote ofthe Board: Ayes:Members Weisman(Chairperson), Coehringer,Schneider,Horning. SEP 2.5 2023 Nay:,'Member Dinizio. This Resolution was duly adopted(4-1). Zoning Board of Appeals Leslie Kanes Weisman Chairperson Approved for filing /;t f /2012 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson OF,SO!/lyo 53095 Main Road•P.O.Box 1179 �� !O Southold,NY 11971-0959 t Office Location: Gerard P.Goehringer N T6wn Ann i al One Bank George Horning �� 54375 ain RoalkNC71 i venue) ,tea NY 119 Ken Schneider CQU���`c►` Southold, 2 5 2023 >" http://southoldtown.northfork.net ZONING BOARD OF APPEALS zoning E WMpe s TOWN OF SOUTHOLD �— Tel.(631)765-1809•Fax(631)765-9064 M 8 /7} 2013 FINDINGS,DELIBER ATIONS AND DETERMINATION utho To- er- MEETING OF FEBRUARY 28,2013 ZBA FIL=: 661-2 . NAME O A ICANT: Breezy Shores Community, Inc. (Naomi Mullman).SCTM#1000-53-05-12.6 PROPERTY LOCATION: 65490 Main Rd,Cottage#11,(adj.to Shelter Island Sound)Greenport,NY 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 January 8, 2013 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 8, 2013. 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 proposed action is EXEMPT from Coastal Consistency Review. PROPERTY FACTS/DESCRIPTION: Subject parcel is located in the R-80 zone and contains 82.6 acres. It is improved with three dwellings, a brick building,two garages, 28 seasonal cottages and 20 sheds.The Breezy Shores community is a unique property deeply rooted in the history of the Town. The access to the property is via a private road(Sage Boulevard)and the property is adjacent on the south to Shelter Island Sound.The multiple cottages on the property are a pre-existing non-conforming use that was established prior to zoning by the Sage family in the early 1900s.The cottages housed employees of the Sage family brick factory and have been rented as seasonal cottages. In 2000,a real estate cooperative, Breezy Shores Community,Inc.,was established by the community and shares were offered as an ownership interest in the Cooperative.The cottage at issue in this application is known as Cottage no. 11 and is owned by Naomi Mullman.All as shown on the survey prepared by Howard Young, L.S., entitled Survey for Naomi Mullman,Cottage 11,Breezy Shores,dated July 6, 2012,revised Aug. 1,2012 for General Amendments, Sheets 1 of 2,and 2 of 2. BASIS OF APPLICATION: Request for Variances from Article XXIII Code Section 280-123, Article XXII Section 280-116 (B) and the Building Inspector's October 22,2012 Notice of Disapproval based on an application for building permit for additions and alterations to a seasonal cottage at; 1) a nonconforming building containing a nonconforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a conforming use, 2) less than the code required bulkhead setback of 75 feet, located at: #1 I Breezy Shores Community, Inc., 65490 Main Road .(aka State Route 25) aka Sage Blvd. (adj. to Shelter Island Sound) Greenport,NY. Page 2 of 3—February 28,2013 ZBA File46622—Breezy Shores Comm.,Inc.(Mullman) CTM: 1000-53-5-12.6(cottage 411) RELIEF REQUESTED: The applicant requests variances to construct an addition and alterations to a seasonal cottage with a nonconforming use where the'code permits no enlargement, reconstruction or alterations unless the 'building is changed to a conforming use, and a bulkhead setback of 54.5 feet(as shown on the survey)where the code requires a minimum of 75 feet. ADDITIONAL INFORMATION:-The Board received a letter dated February 1, 2013 fri PM the President of me Breezy Shores Community Corporation indicating approval of the applicant's plans. RECEIVED FINDINGS OF FACT/REASONS FOR BOARD ACTION: SEP 2 5 2023 The Zoning Board of Appeals held a public hearing on this application on February 7,2013 atZ%hjA§tB8®tyr0gA1ppeals and oral evidence were presented. Based upon all testimony,documentation,personal insp 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 6267-b( AM). Grant of the variances will not produce an undesirable change in the character of the neighborhood nor a detriment to nearby properties.This unique property represents its own neighborhood of 82.6 acres with substantial wetlands and is far removed from adjacent properties.Thus,no adjacent property owner will be adversely impacted by the proposal. These 28 seasonal cottages on the subject property have been in existence since the early 1900's when they were built for occupancy by workers in the Sage brick factory. In the 1940's,when operation of the brick factory slowed cottages were rented to summer guests. Each of the adjacent waterfront units are similarly located from the,bulkhead and are of similar size.- 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 area variances. The existing seasonal cottage is a pre-existing non- conforming building with a pre-existing non-conforming use with a pre-existing non-conforming bulkhead setback of 54.5 feet. Therefore,any proposed additions and alterations will require relief from the code. 3. Town Law§267-b(3)(b)(3). The variances granted herein are mathematically substantial. Section 280-123 prohibits the enlargement of non-conforming buildings with non-conforming uses. However,the proposed addition of 20.6 square feet to the existing bathroom is 3.1%of the pre-existing cottage foot print which the Board deems to be de minimus in nature and necessary to bring the existing bathroom up to code with a minimum square footage that is functionally practical.All other proposed alterations will be constructed in place and in kind.The variance granted herein for relief from Section 280-116(B) is mathematically substantial,representing 27%relief from the code.However,in the context of the entire community,the variance is not substantial.The nonconforming cottages have existed in their current locations since the 1940's with each waterfront.cottage unit having a similar non-conforming bulkhead setback. The location of the proposed structure shall remain the same: 4. Town Law 4267-b(3)(b)(41 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. i 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.However,to the extent that a structure ultimately and unavoidably requires some reconstruction and/or alterations to allow for reasonable improvements to continue the safe use of the structure,the need for variance relief is not self-created but created by the zoning code that now prohibits activities which at one time were not prohibited. 6. Town Law 6267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of additions and alterations to the seasonal cottage, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. � G RECETVED Page 3 of 3—February 28,2013 ZBA File#6622—Bieezy Shores Comm.,Inc.(Mullman) 5 E N 2,5 2023 CTM: 1000-53-5-12.6(cottage#11) RESOLUTION OF THE BOARD: In considering all of the above factors and applying Appals New York Town Law 267-B, motion was offered by Member Schneider, seconded by e duly carried,to GRANT,the variances as applied for,and shown on the survey prepared by Howard Young,L.S.,entitled Survey for Naomi Mullman, Cottage 11,Breezy Shores,dated July 6,2012,revised Aug. 1,2012 for General Amendments, Sheets 1 of 2,and 2 of 2. And the architectural drawings prepared by David Mullman,R.A.,as follows: Sheets A-1 and A-2 dated 8/13/12 last revised 11/12/2012 titled"Site Plan for Proposed Renovation",and "Photo of Existing Cottage", sheet DG-100.00 dated 10/16/12 last revised 10/25/12, sheets A-101,A-102,A-103 all dated 10/19/12 and last revised 10/25/12 CONDITIONS: 1. The structure shall be used only as an unheated seasonal cottage. 2.No future alterations or additions on the subject cottage may take place without review by the ZBA,other than necessary minor repairs as determined by the Building Department. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. 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. Vote of the Board: Ayes:Members: Weisman(Chairperson,)Horning,Goehringer,Schneider. This Resolution was duly adopted(4-0). Leslie Kanes Weisman, Chairperson Approved for filing 3 L5 /2013 r I BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson �O��O� $�UjyOlO 53095 Main Road•P.O.Box 1179 Eric Dantes Southold,NY 11971-0959 l [ Office Location: Gerard P.Goehringer Town Annex/First Floor,Cap' George Horning • ,^�pp�O� 54375 Main Road(a tyue) Ken Schneider �l�'C�U0 So thold,l � 91 71� SEP 2 5 2023 http://southoldtown.northfork.net EC IV p ZONING BOARD OF APPEALS B rd of Appeals TOWN OF SOUTHOLD U Tel.(631)765-1809•Fax(631)765-9064 Southold Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 25,2013 J Z13A FI NAME OF APPLICANT: Breezy Shores Community, Inc. ( Ido Mizrahy) SCTM 1000-53-5.12.6 PROPERTY LOCATION: 65490 Main Road Cottage 425 (aka State Route 25 and Sage Blvd.) (adj. to Shelter Island Sound), Greenport, NY 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 Il 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 May 15, 2013 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 June 24, 2013. 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 proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION• Subject parcel, also known as Breezy Shores, is located in the R-80 zone and contains 82.6 acres. It is improved with three dwellings, a brick building, two garages, 28 seasonal cottages and 20 sheds. The access to the property is via a private road (Sage Boulevard), and the property is adjacent on the south to Shelter Island Sound. The Breezy Shores community is a unique property deeply rooted in the history of the Town. The multiple cottages on the property are a pre-existing, non-conforming use that was established prior to zoning by the Sage family in the early 1900s.The cottages originally housed employees of the Sage family brick factory until it ceased operations, and subsequently, then were rented as seasonal cottages. In 2000, a real estate cooperative, Breezy Shores Community, Inc., was established by the group and shares were offered as an ownership interest in the Cooperative. The cottage at issue in this application is known as Cottage no. 25, and is owned by Ido Mizrahy. This cottage is shown on the survey drawn by Howard W. Young,sheets 1-3, dated March 04, 2013, and building plans drawn by Frank W. Uellendahl, Registered Architect, sheets Al-3, dated April 30, 2013, with latest revision dated July 11, 2013 to shown all proposed additions, and the proposed increase in size from the building existing footprint. Page 2 of 3—July 25,2013 LBA 46660—Breezy Shores Community,Inc.(Mizrahy) RECEIVED sc,rM#1000-53-5-12.6 FF � BASIS OF APPLICATION: Request for Variance from Article XXIII Code Section 280- 23A ana the WlYIN Inspector's March 7, 2013 Notice of Disapproval based on an application for building permit for additions and alterations to an existing seasonal cottage at; 1) a nonconforming building containing a n ncftfi nlgtfiibgaudeoffiWeals not be enlarged, reconstructed, structurally altered or moved, unless such building is change RELIEF REQUESTED: The applicant requests a variance to renovate the seasonal cottage#25, including a 5.8 sq. ft. new addition for the placement of a water heater,with new Code conforming stepped landings for the entrances, and foundation alterations that will result in a 0.92 increase in the building footprint, and an approximate 16 inch increase in overall building height in order to conform with current building Code relating to interior wall height. AMENDED APPLICATION: During the hearing,the applicant was asked to bring the plan into more conformity with the code. The applicant on July 15, 2013 submitted a plan reducing the size of one proposed stepped landing for a double door entry from 6 x3 ft.to 5 x 3 ft.,dimensions that conform to the minimum size required by building code. ADDITIONAL INFORMATION: Representatives of the Breezy Shores Community expressed support for the Applicant's proposed renovations. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on July H,2013, 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: l 1. Town Law 4267-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 building footprint will by expanded by 5.8 sq. ft. from the existing 634 sq. ft.to 639.8 sq. ft. for a total increase in non-conformity of 0.92%. The new stepped landings are the minimum size allowed in order to comply with building code,and are not to be included in the consideration of any overall increase in non-conforming habitable space. The building will remain a single story, seasonally occupied dwelling, in a neighborhood characterized by many similar, seasonally occupied dwellings. 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. Code defines that this seasonal cottage is a part of a larger non-conforming use of multiple dwellings, all co-located on a single residentially zone parcel. Therefore, any structural enlargements or alterations require the grant of a variance. 3. Town Law 4267-b(3)(b)(3). The variance granted herein is not mathematically substantial, representing 0.92% relief from the code,which the Board determines to be de minimu in nature. 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 existing building will be temporarily;raised in place to facilitate the foundation renovations, and then lowered back onto the foundation. There will be a small increase Of 0.92% to the existing footprint. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code and all other applicable building Code. 5. Town Law §267-b(3)(b)(5). The difficulty has been self-created since 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. However,to the extent that a seasonal structure such as this one periodically requires some degree of reconstruction and/or alterations to continue the safe use of the structure, the need for variance relief is not self-created, but is created by zoning Code that now prohibits an existing use and activities that at one time were not prohibited. f i Page 3 of 3-luly 25,2013 Z.BA#6660-Breezy Shores Community,Inc.(Mizrahy) SCTM#1000-53-5-12.6 RECEIVED SEP 2 5 2023 6. Town Law 5267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of renovations to a seasonal cottage, while preserving an otrfif g�iae vver pealsof 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 Horning , seconded by Member Dantes, and duly carried,to GRANT, the variance/variances as applied for, and shown on the survey drawn by Howard W. Young,sheets 1-3, dated March 04, 2013, and building plans drawn by Frank W. Uellendahl, Registered Architect,sheets A-1, A- 2,A-4 dated April 30, 2013,and sheet A-3 with latest revision dated July 11, 2013 to shown all proposed additions, and the proposed increase in size from the building existing footprint. Subject to the following conditions; CONDITIONS: 1.The cottage use will continue in its current status as an unheated seasonally occupied dwelling. 2.No other alterations or additions may be undertaken without review by the ZBA,except for necessary minor repairs as determined by the Town Building Department. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. 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 laddressed in this action. The Board reserves the right to substitute a'similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Schneider, Dantes, Horning This Resolution was duly adopted(5-0). IA Leslie Kanes Weisman,Chairperson Approved for filing9G /2013 BOARD MEMBERS 0f $Qu Southold Town Hall Leslie Kanes Weisman,Chairperson �� jy0 53095 Main Road•P.O.Box 1179 Southold,NY 1 1971-0959 Eric Dantes Office Location: Gerard P.Goehringer N Town Annex/First Floor,Capital One Bank George Horning �� 54375 Main Road(at Youngs Avenue) Ken Schneider lyCOO Southold,NY 11971 http://southoldtown.northfork.net MCEED ZONING BOARD OF APPEALS t TOWN OF SOUTHOLD _ 7 Tel.(631)765-1809•Fax(631)765-9064 t-1 Southold Town Cler RECEIVED FINDINGS,DELIBERATIONS AND DETERMINATION SEP 2 5 2023 MEETING OF DULY 25,2013 ZBA FILE 666 Zoning Board of Appeals NAME O APPLICANT: Breezy Shores Community, Inc. (Graham Willoughby) S - - PROPERTY LOCATION: 65490 Main Road Cottage #13 (aka State Route 25 and Sage Blvd.) (adj. to Shelter Island Sound), Greenport,NY SE RA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type 11 category of the State's List of Actions, without further steps under SEQRA. 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 May 15, 2013 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 June 27, 2013. 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 proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION- Subject parcel is located in the R-80 zone and contains 82.6 acres. It is improved with three dwellings, a brick building,two garages, 28 seasonal cottages and 20 sheds. The Breezy Shores community is a unique property deeply rooted in the history of the Town. The access to the property is via a private road (Sage Boulevard)and the property is adjacent on the south to Shelter Island Sound.The multiple cottages on the property are a pre-existing non-conforming use that was established prior to zoning by the Sage family in the early 1900s.The cottages housed,employees of the Sage family brick factory and have been rented as seasonal cottages. In 2000,a real estate cooperative, Breezy Shores Community, Inc.,was established by the community and shares were offered as an ownership interest in the Cooperative.The cottage at issue in this application is known as Cottage no. 13 and is owned by Graham Willoughby and Emily Williams. All as shown on the survey prepared by Howard Young, L.S., entitled Survey for Cottage 13 "Breezy Shores"at Greenport, dated Jan. 09,2013. BASIS OF APPLICATION: Request for Variance from Article XXIII Code Section 280-123A and the Building Inspector's March 7, 2013, amended May 2,2013 Notice of Disapproval based on an application for building permit For additions and alterations to an existing seasonal cottage at, I)a nonconforming building containing a Page 2 of 3-July 25,2013 ZBA#6661—Breezy Shores Community,Inc.(Willoughby) {'�ECG,TEED SC'rM#1000-53-5-12.6 nonconforming use shall not be enlarged, reconstructed,structurally altered or moved, unless such bul ling is 2023 changed to a conforming use. Zoning Board of Appeals RELIEF REQUESTED: The applicant requests a variance to construct a 27 square fi5at addition fbL tile reconstruction and alterations of the bathroom and mudroom, as shown on the architectural drawings, A-1, A-2, A� %q 3 and A-4, prepared by Frank Uellendahl, R.A.,dated 04/30/2013. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on July 11,2013,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 4267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood nor a detriment to nearby properties. This unique property represents its own neighborhood of 82.6 acres with substantial wetlands and is far removed from adjacent properties. Thus, no adjacent property owner will be adversely impacted by the proposal. These 28 seasonal cottages on the subject property have been in existence since the early 1900's when they were built for occupancy by workers in the Sage brick factory. In the 1940's, when operation of the brick factory slowed cottages were rented to summer guests. Each of the adjacent waterfront units are similarly located from the bulkhead and are of similar size. 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 existing seasonal cottage is a non-conforming building with a non-conforming use which, as per the code, requires a variance from Section 280-123 in order to permit any alterations and additions to the seasonal cottage. 3. Town Law 6267-b(3)(b)(3). The variance granted herein for relief from Section 280-123 is mathematically substantial, representing 100% relief from the code. However, the proposed addition of 27 square feet is minimal, representing a 3%expansion of the pre-existing cottage foot print and the proposed alterations will be in kind. 4. Town Law §267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law 5267-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. However, to the extent that a structure ultimately and unavoidably requires some reconstruction and/or alterations to allow for reasonable improvements to continue the safe use of the structure, the need for variance relief is not self-created but created by the zoning code that now prohibits activities which at one time were not prohibited 6. Town Law $267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an addition and alterations to the seasonal cottage, 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 Schneider, seconded by Member Goehringer, and duly carried,to GRANT,the variance as applied for, and shown on the architectural drawings, A-1 site plan dated 04/30/2013, last revised 7/11/13, A-2, A-3 and A-4, prepared by Frank Uellendahl, R.A., dated 04/30/2013. Subject to the following conditions; � , 1 Page 3 of 3-July 25,2013 ZBA46661—Breezy Shores Community,Inc.(Willoughby) SCTM#1000-53-5-12.6 RECEIVED CONDITIONS: SEP 2 5 2023 1. The structure shall be used only as an unheated seasonal cottage. Zoning,Board of Appeals 2. No future alterations or additions on the subject cottage may take place without review by the ZBA, other than necessary minor repairs as determined by the Building Department. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued 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. Vote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Schneider, Dantes, Horning. This Resolution was duly adopted(5-0). Leslie Kanes Weisman, Chairperson Approved for filing 71,3,, /2013 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ����S��ryo 53095 Main Road•P.O.Box 1179 ti0 �p Southold,NY l 1971-0959 Eric Dantes Office Location: Gerard P.Goehringer CA Town Annex/First Floor,Capital One Bank George Horning • �O� 54375 Main Road(at Youngs Avenue) Kenneth Schneider Ol�'On Southold,NY 11971 http://southoldtown.northfork.net RECEIV D3 .Y ZONING BOARD OF APPEALS TOWN OF SOUTHOLD A 2 5 201 Tel.(631)765-1809•Fax(631)765-9064 Sou old Town Clerk RECEIVED FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF APRIL 17,2014 SEP 2 5 2023 ZBA FIL? NAME OF APPLICANT:Breezy Shores Community Inc.Cottage#7(Steven Flotteron)CT 1400i99-§� of Appeals PROPERTY LOCATION: 65490 Main Road,(aka Sage Blvd.)(adj.to Shelter Island Sound), ,NY 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 November 15, 2013 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 Nov. 26, 2013. 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 proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: Subject parcel is located in the R-80 zone and contains 82.6 acres. It is improved with three dwellings, a brick building, two garages, 28 seasonal cottages and 20 sheds. The Breezy Shores community is a unique property deeply rooted in the history of the Town.The access to the property is via a private road (Sage Boulevard) and the property is adjacent on the south to Shelter Island Sound. The multiple cottages on the property are a pre-existing non-conforming use that was established prior to zoning by the Sage family-in the early 1900s.The cottages previously housed employees of the Sage family brick factory,and after the brickyard closed, they were rented as seasonal cottages. In 2000 'a real estate cooperative, Breezy Shores Community, Inc.,was established,and shares were offered as an ownership interest in the Cooperative.The cottage at issue-in this application is known as Cottage no.7 and is owned by Steven Flotteron. The cottage,with proposed improvements, is shown on the survey of Breezy Shores prepared by Howard Young, L.S., dated Dec. 30, 2010, and the site plan drawings by Robert I.Brown Architect,P.C.,dated March 24,2014. BASIS OF APPLICATION: Request for Variances from Article XXIII Code Section 280-123, Article XXII Section 280-116(B) and the Building Inspector's October 31, 2013 Notice of Disapproval based on an application for building permit for additions and alterations to an existing seasonal cottage at; 1) a nonconforming building containing a nonconforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed.to a conforming use,2) less than the code required bulkhead setback of 75 feet. RECEIVED Page 2 of 3-April 17,2014 ZBA#6704-Breezy Shores Comm.,Inc. S E P L+.5 2023 SCTMN 1000-53-5-12.6 Zoning Board of Appeals RELIEF REOUESTED: The applicant requests a variance to construct additions and a teratio nonconforming seasonal cottage when such changes to a nonconforming structure containing a nonconforming use are not allowed by Code,and a second variance for a 72 feet setback from the bulkhead,where 75 feet is required. AMENDED APPLICATION: During the Dec. 5, 2013 hearing, the applicant was asked to bring the plan into more conformity with the code. The applicant on March 26, 2014 submitted a revised plan that reduced the size of the proposed non-conforming additions and alteration, bringing the plan into more conformity with the codes. Several letters of support were received. The Board of the Breezy Shores Community is in support of the proposal. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on December 5,2013,on February 6,2014, and on April 3,2014,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. This unique property represents its own neighborhood of 82.6 acres with substantial.wetlands,and it is sufficiently removed from other adjacent neighborhood properties so that no adjacent property owners will be adversely impacted by the proposed structural improvements to seasonally occupied Cottage#7. The additions will be limited to a 2.8%increase in the size of the existing structure. All 28 seasonal cottages on the subject property have been in existence since the early 1900's,when they were constructed for workers in the Sage brick factory. In the I940's,when operation of the brick factory slowed and then stopped, the cottages were rented to seasonal guests.The adjacent waterfront cottages have similar,pre-existing,non- conforming bulkhead setbacks. 2. Town Law 6267-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 existing seasonal cottage is a pre-existing non- conforming building with a pre-existing non-conforming use. The cottage also has a pre-existing non-conforming bulkhead setback of 72 feet. As a consequence of the non-conforming features any proposed additions and alterations will require relief from the code. 3. Town Law&267-b(3)(b)(3). The variance granted herein for the alterations and additions is mathematically substantial,representing 100%relief from the code because Section 280-123 prohibits the enlargement of non- conforming buildings with non-conforming uses. However,the proposed addition of 20.6 square feet to the existing structure represents a 2.8% increase in the size of the pre-existing cottage footprint.This Board, in prior decisions related to other Breezy Shores applications involving proposed increases of structure sizes of less than 3%, has deemed such increases,particularly when necessary to make interior bathroom or bedroom space more Code conforming,to be de minimus in nature.This applicant's proposed increase in structure size is necessary in order to bring the existing bedrooms up to code required legal size. The variance granted herein for relief from Section 280-116(B)for a 72 feet bulkhead setback where 75 feet is required by Code is not mathematically substantial,representing approximately 4%relief from the code: 4. Town Law 6267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will-have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law 4267-b(3)(b)(�. The difficulty has been self-created since 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. However,to the extent that a seasonal structure such as this one periodically requires some degree of reconstruction.and/or alterations to continue the safe use of the structure,the need for variance relief is not self-created. .. 1 Page 3 of 3-April 17,2014 RFC1:TV r1 ZBA#6704-Breezy Shores Comm.,Inc. SCTM#1000-53-5-12.6 f peals 6. Town Law 4267-b. Grant of the requested relief is the minimum action necessary and ac ii t� �o i�Die"ttie applicant to enjoy the benefit of additions and alterations to the seasonal cottage, incl a comp cant bedroom dimensions, 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 Horning, seconded by Member Weisman (Chairperson),and duly carried,to GRANT, the variances as applied for, and shown on the survey of Breezy Shores prepared by Howard Young, L.S., dated Dec. 30, 2010, and the drawings, titled Site Plan (Flotteron) dated 10/30/2013, Ground Floor dated Mar. 24, 2014 and Flotteron Residence dated Mar. 24, 2014 all prepared by Robert I. Brown Architect,P.C., subject to the following conditions; CONDITIONS: 1.The cottage use will continue in its current status as an unheated seasonally occupied dwelling. 2.No other alterations or additions may be undertaken without review by the ZBA,except for necessary minor repairs as determined by the Town Building Department. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. 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. Vote of the Board. Ayes: Members Weisman(Chairperson), Schneider, Horning, Goehringer, Dances. This Resolution was duly adopted(5-0). c Leslie Kanes Weisman,Chairperson Approved for filing t�/�� /2014 BOARD MEMBERS OF$BUT Southold Town Hall Leslie Kanes Weisman,Chairperson ��� yp1 53095 Main Road-P.O.Box 1179 O Southold,NY 11971-0959 Eric Dantesi Office Location: Gerard P.Goehringer G Town Annex/First Floor,Capital One Bank George Horning `�� 54375 Main R ad(at Yv U) Kenneth Schneider I�CQUNV I Sout ld,NY SEP 2 5 2023 http://southoldtown.northfork.net RECEIVED ZONING BOARD OF APPEALS o arNpf TOWN OF SOUTHOLD 2 3 2015 Tel.(631)765-1809-Fax(631)765-9064 �� n l.� uthold Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF JUNE 18,2015 ZBA FILE#Q862 NAME OF APPLICANT:BREEZY SHORES COMMUNITY,INC.(MARTHA BROOKS) PROPERTY LOCATION: Cottage #4 Breezy Shores Community, Inc., 65490 Main Road (aka State Route 25)aka Sage Blvd.(adj.to Shelter Island Sound) Greenport,NY. SCTM#1000-53-5-12.6 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 June 2, 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 Locdl Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated May 26, j 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 proposed action is .CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: Subject parcel is located in the R-80 zone and contains 82.6 acres.It is improved with three dwellings,a brick building,two garages,28 seasonal cottages and 20 sheds.The Breezy Shores community is a unique property deeply rooted in the history of the Town.The access to the property is via a private road(Sage Boulevard)and the property is adjacent on the south to Shelter Island Sound.The multiple cottages on the property are a pre-existing non-conforming use that was established prior to zoning by the Sage family in the early 1900s.The cottages housed employees of the Sage family brick factory and have been rented as seasonal cottages.In 2000,the community established a real estate cooperative,Breezy Shores Community,Inc.,and shares were offered as an ownership interest in the Cooperative. The cottage at issue in this application is known as Cottage no.4 and is owned by Martha Brooks.All as shown on the survey prepared by Howard Young,L.S., dated January 9,2013 and a site plan by Robert I Brown,Architect,dated August 18,2014. BASIS OF APPLICATION: Request for Variance(s) from Article XXIII Code Section 280-123, Article XXII Section 280-116(B) and the Building Inspector's January 12,2015 Notice of Disapproval based on i Page 2 of 3—June 18,2015 ZBA File#6862—Breezy Shores(Brooks) SCTM#1000-53-5-12.6 an application for building permit to add and alter, to include raising an existing seasonal cottage at; 1) a nonconforming building containing a nonconforming use shall not be enlarged,reconstructed,structurally altered or moved, unless such building is changed to a conforming use, 2) less than the code required bulkhead setback of 75 feet. RELIEF REQUESTED: The applicant requests variances to make alterations to a seasonal cottage with a nonconforming use where the code permits no enlargement, reconstruction or alterations unless the building is changed to a conforming use, and a non-conforming bulkhead setback of 59.5 feet where the code requires a minimum of 75 feet. ADDITIONAL INFORMATION: The Board received a letter dated July 29, 201:, !:ion the Breezy Shores Community Corporation indicating approval of the applicant's FINDINGS OF FACT/REASONS FOR BOARD ACTION023 The Zoning Board of Appeals held a public hearing on this application on June 4, Appeals written and oral evidence were presented. Based upon all testimony,documentatio 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 nor a detriment to nearby properties.This unique property represents its own neighborhood of 82.6 acres with substantial wetlands and is far removed from adjacent properties. Thus,no adjacent property owner will be adversely impacted by the proposal.These 28 seasonal cottages on the subject property have been in existence since the early 1900's when they were built for occupancy by workers in the Sage brick factory. In the 1940's,when operation of the brick factory slowed cottages were rented to summer guests.Each of the adjacent waterfront units are similarly located from the bulkhead and are of similar size. 2. Town Law 6267-b(3)(b)(2).The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than area variances. The existing seasonal cottage is a pre- existing non-conforming building with a pre-existing non-conforming use with a pre-existing non- conforming bulkhead setback of 59.4 feet. Therefore, any proposed additions and alterations will require relief from the code. 3. Town Law�267-115(31(b)(3). The variances granted herein are mathematically substantial. The variance for Section 280-123 represents.100%relief because the code prohibits the enlargement of non- conforming buildings with non-conforming uses. However,the proposed.addition of a door with a 4' x 4' landing on the west side of the cottage and a sliding glass door with a 4' by 8' landing on the East side of the cottage will add 2.22%,to the existing footprint. This is in line with de minimus additions the ZBA has granted in previous decisions. In the context of the entire community,the variance is not substantial. The variance for the bulkhead setback is substantial representing 21%relief from the code. However,the nonconforming cottages have existed in their current locations since the 1940's with each waterfront cottage unit having a similar non-conforming bulkhead setback.The location of the proposed structure shall remain the same. 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 I Code. I Page 3 of 3—June 18,2015 ZBA File#6862—Breezy Shores(Brooks) SUMtt1000-53-5-12.6 5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created. The applicant pure ased thPiWvEiVED after the Zoning Code was in effect and it is presumed that the applicant had actual or cor structive knowledge of the limitations on the use of the parcel under the Zoning Code in effect pric r to or aGER •2 5 2023 time of purchase.However,to the extent that a structure ultimately and unavoidably requ res some reconstruction and/or alterations to allow for reasonable improvements to continue the sae uSeh%pg �a d of Appeals structure,the need for variance relief is not self-created but created by the zoning code th t now p o i is activities which at one time were not prohibited. 6. Town Law 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of additions and alterations to the seasonal cottage, 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 Dantes, seconded by Member Goehringer,and duly carried,to GRANT, the variances as applied for, and shown on the Architectural plans by Robert I. Brown, Architect labeled site plan, foundation plan, existing floor plan, road side, west, water side, and east elevations,and section for phases I and II and dated March 3,2015. 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 ofnonconformity. 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. Vote of the Board: Ayes:Members Weisman(Chairperson),Schneider,Horning,Dante,Goehringer.This Resolution was duly adopte (5-0). Leslie Kanes Weisman, Chairperson Approved for filing�i` /�Z /2015 BOARD MEMBERS OF soar Southold Town Hall Leslie Kanes Weisman,Chairperson �� y� 53095 Main Road•P.O.Box 1179 hO l0 Southold,NY 11971-0959 Eric Dantese Office Location: Gerard P.Goehringer y ae Town Annex/First Floor,Capital One Bank George Horning �� 54375 Main Road(at Youngs Avenue) Kenneth Schneider �y�out ,� Southold,NY 11971 http://southoldtown.northfork.net R EIV D ZONING BOARD OF APPEALS 6 6 TOWN OF SOUTHOLD A 2 201�2 � Tel.(631)765-1809•Fax(631)765-9064 urhold Town Clerk 4, 0 RECEIVED FINDINGS,DELIBERATIONS AND DETERMINATIO MEETING OF APRIL 21,2016 S E P 25 2023 ZBA FILE`��934 NAME OF APPLICANT:Breezy Shores Community,Inc.(Jason Schmidt) Zoning Board of Appeals PROPERTY LOCATION: #8 Breezy Shores Community,Inc., 65490 Main Road,aka Sag v . Greenport,NY SCTM#1000-53-5-12.6 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 11 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 Feb. 19,2016 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 8, 2016. 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 proposed action is the LWRP CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: _ Subject parcel is located in the R-80 zone and contains 82.6 acres. It is improved with three dwellings, a brick building, two garages, 28 seasonal cottages and 20 sheds. Access to the property is via Sage Boulevard, which is a private road, and the property is adjacent on the south to Shelter Island Sound. The Breezy Shores community is a unique property deeply rooted in the history of the Town. The multiple cottages on the property are a pre-existing non-conforming use that was established prior to zoning by the Sage family in the early 1900s.The cottages previously housed employees of the Sage family brick factory,and after the brickyard closed, they were rented as seasonal cottages. In 2000 a real estate cooperative, Breezy Shores Community, Inc. was established,and shares were offered as an ownership interest in the Cooperative.The cottage at issue in this application is known as Cottage #8 and is owned by Jason Schmidt. The cottage, with proposed improvements,is shown on the survey of Breezy Shores prepared by Frank Uellendahl,dated Feb.02,2016. BASIS OF APPLICATION: Request for Variances from Article XXIII Code Section 280-123 and the Building Inspector's February 3, 2016 Notice of Disapproval based on an application for building permit to construct additions and alterations to an existing seasonal cottage at; 1) a nonconforming building containing a nonconforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such,building is changed to a conforming use. Page 2 of 3—April 21,2016 ZBAN6934—Breezy Shores Community(Schmidt) SCTM#1000-53-5-12.6 RELIEF REQUESTED: 'The applicant requests a variance to construct additions and alterations to an existing nonconforming seasonal cottage when such changes to a nonconforming structure containing a noncon ormmng use are not allowed by Code. ' RECEIVED ADDITIONAL INFORMATION: The file contains a memo submitted by the Board of Bre zy Shoel i% .5daO Jan.29,2016,stating their approval of the applicant's proposed cottage renovation. /Q, Zoning Board of Appeals FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on April 7,2016,at which time written and oral evidence were presented. Based upon all testimony, documentation,personal inspection of the property and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law.4267-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. This unique property represents its own neighborhood of 82.6 acres. It contains a substantial buffer of wetlands along the northerly boundary of the property,and the enclave.of cottages is sufficiently removed from other adjacent neighborhood properties so that adjacent property owners will not be adversely impacted by the proposed structural improvements to seasonally occupied Cottage#8. r 2. Town Law U67-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 existing seasonal cottage is a pre-existing non- conforming building with a pre-existing non-conforming use. As a consequence of the non-conforming status,any proposed additions and alterations will require relief from the code. 3. Town Law 5267-b(3)(b)(3).The variance granted herein for the alterations and additions is mathematically substantial,representing 100%relief from the code because Section 280-123 prohibits the enlargement of non- conforming buildings with non-conforming uses. However,the proposed addition of 21 square feet to the existing structure represents a 2.98%increase in the size of the pre-existing cottage footprint.This Board,in prior decisions related to other Breezy Shores applications involving proposed.increases of structure sizes of less than 3%,has deemed that such increases,particularly when necessary to make interior bathroom or bedroom space more Code conforming,to be de minimus in nature.This applicant's proposed increase in structure size is necessary in order to bring the existing bedrooms up to code required legal size. 4. Town Law 5267-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.The cottage will be raised 12-14 inches to provide additional protection from potential storm surge flooding. 5. Town Law 4267-b(3)(b)(5).The difficulty has been self-created since 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.However,to the extent that a seasonal structure such as this one periodically requires some degree of reconstruction and/or alterations to continue the safe use of the structure,the need for variance relief is not self-created, but is created by ' zoning Code that now prohibits an existing use and activities that at one time were not prohibited. 6. Town Law 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of renovations,while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. Page 3 of 3—April 21,2016 ZBA#6934—Breezy Shores Community(Schmidt) SCTM#1000-53-5-12.6 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 Horning, seconded by Member Weisman (Chairperson),and duly carried,to %minor GRANT the variance as applied for, and shown on the survey of Breezy Shor s pre Uellendahl,dated Feb. 02,2016. Subject to the following conditions; CONDITIONS: on1.The cottage use will continue in its current status as an unheated seasonally occupied dwell'n . 2.No other alterations or additions may be undertaken without review by the ZBA,except fo necessary repairs as determined by the Town Building Department. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. 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. 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. Vote of the Board: Ayes: Members Weisman (Chairperson), Schneider, Dantes, Horning, Goehringer. This Resolution was duly adopted(5-0). 0 lzz�'VL/Atgo) Leslie Kanes Weisman, Chairperson Approved for filing /,,?2�2016 BOARD MEMBERS 0f SO(/ Southold Town Hall Leslie Kanes Weisman,Chairperson �� liy� 53095 Main Road-.P.O.Box 1179 Patricia Acampora ~� !G Southold,NY 11971-0959 -I� n: Eric Dantes CA Town Annex First Fla"3,CEIVED Robert Lehnert,Jr. �. • �O 54315 Mai Road(at Youngs Ave e) Nicholas Planamento COU So thold,if- 1C75 fffm 20 http://southoldtownny.gov Zoning Board of App I ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD Q, Tel.(631)765-1809•Fax(631)765-9064' Ul V Rim FINDINGS,DELIBERATIONS AND DETERMINATIO DEC Z 4� MEETING OF DECEMBER 20,2018 (,�• Southold Town Clerk ZBA FII�� NAME OF APPLICANT: David & Diane Nelson PROPERTY LOCATION:65490 Route 25,(Breezy Shores Cottage#24) Greenport,NY SCTM No. 1000-53-5-12.6. 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 August 24, 2018 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 his recommendation dated November 26, 2018. Based upon the information provided on the LWRP Consistency Assessment Form submitted, as well as the records available, it is recommended that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: Subject parcel is located in the R-80 Zoning District and contains 82.6 acres. It is improved with three dwellings, a brick building, two garages, 28 seasonal cottages-and 20 sheds. Access to the property is via Sage Boulevard, which is a private road, and the property is adjacent on the south to Shelter Island Sound. The Breezy Shores community is a unique property deeply rooted in the history of the Town. The multiple cottages on the property are pre-existing non-conforming use that was established prior to zoning by the Sage family in the early 1900's. The cottages previously housed employees of the Sage family brick factory, and after the brickyard closed, they were rented as seasonal cottages. In 2000, a real estate cooperative, Breezy Shores Community Inc. was established, and shares-were offered as an ownership interest in the Cooperative. The cottage at issue in this application is known as Cottage # 24 and is owned by David & Diane Nelson. The cottage, with proposed improvements, is shown on the Survey of Breezy Shores, prepared by Frank Uellendahl,dated June 14,2018. 1 t Page 2,December 20,2018 RECEIVED #7223,Nelson SCTM No. 1000-53-5-12 6 Lal E(' .2 2023 BASIS OF APPLICATION: Request for a Variance from Article XXII'I, Section 280-1d3 ndljdt&peals Inspector's June 25, 2018, Notice of Disapproval based on an application for a building per and alterations to an existing seasonal cottage,at; 1)a non-conforming building containing a non-conforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a conforming use; at: 65490 Route 25, (aka Sage Boulevard, Breezy Shores Cottage #24, Adj. to Shelter Island Sound) Greenport,NY. SCTM#1000-53-5-12.6. RELIEF REQUESTED: The applicant requests,a variance to construct additions and alterations to an existing' nonconforming seasonal cottage.by adding 13 sq. ft. addition, resulting in 2.4% increase in size, when such changes to a nonconforming structure containing a nonconforming use are not allowed by Town Code. ADDITIONAL INFORMATION: The file contains a memo submitted by the Board of Breezy Shores Inc., dated June 11, 2018, stating their approval of the applicants proposed cottage renovation. Included in the application packet, the applicant submitted eight prior decisions which.granted variances for various cottages in the Breezy Shores Community. These decisions consisted of an interpretation and a use variance issued in 2011 and six decisions for area variances granting the applicants the ability to alter and construct less than 3.1% in increases to the size of their cottages. Email correspondence was received from a neighbor expressing support for the planned renovations. In addition to the proposed improvements, the cottage will be raised in order to comply with FEMA Flood Zone regulations. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on December 6,2018,at which time written and oral evidence were presented. Based upon all testimony, documentation,personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-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. This unique property having been in existence since the early 1900's represents its own neighborhood of 82.6 acres with substantial buffer of wetlands along the northern boundary of the property. Furthermore, the enclave of cottages is sufficiently removed from other adjacent neighborhood properties so that property owners will not be impacted by the proposal. 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 existing seasonal cottage is a pre-existing non- conforming building with a pre-existing non-conforming use. As a consequence of the non-conforming status, any proposed additions and alterations will require relief from the code. 3. Town Law 4267-b(3)(1b)(3). The variance(s) granted herein granted herein for the alterations and additions is mathematically substantial, representing 100% relief from the code because Section 280-123 prohibits the enlargement of non-conforming buildings with non-conforming uses. However,the proposed addition of 13 square feet to the existing structure represents 2.42 % increase in the size of the pre-existing cottage footprint. The Board in prior decisions related to other Breezy Shore applications involving proposed increases of structure less than 3%, has deemed such increases, to be de minimus in nature. This applicants' proposed increase in structure size is minor and is just squaring off the building that is being lifted to conform to FEMA regulations. 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. The cottage will be also Page 3,December 20,2018 #7223,Nelson :RECEIVEDSCTM No. 1000-53-5-12.6 5 2023be raised to comply with current FEMA requirements to provide additional protection from pot ntial stoeflooding. Zoninof Appoals 5. Town Law 5267-b(3)(b)(5). The difficulty has been self-created since 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. However,to the extent that a seasonal structure such as this that periodically requires some degree of reconstruction and/or alterations in order to continue the safe use of the structure, the need for variance relief is not self-created, but is created by Zoning Code that now prohibits an existing use and activities that at one time were not prohibited. 6. Town Law 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of renovations and an addition to the cottage 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 Lehnert, seconded by Member Dantes, and duly carried,to GRANT the variance as applied for, and shown on the site plan of Breezy Shores, Cottage-#24, prepared by Frank Uellendahl,R.A. dated June 14,2018. SUBJECT TO THE FOLLOWINGCONDITIONS: 1. The cottage use will continue in its current status as an unheated seasonally occupied dwelling. 2. No other alterations or additions may be undertaken without review by the,ZBA, except for necessary minor repairs as determined by the Town Building Department. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued 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 variances)granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code This action does not authorize or condone any current or future use, setback or other feature 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. In the event that this is an approval subject to conditions, the approval shall not be deemed effective until such time that the foregoing conditions are met; and failure to comply therewith will render this approval null and void. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate'of Occupancy has not been procured,and/or a subdivision map has not been filed with the Suffolk County Clerk,within three M Page 4,December 20,2018 #7223,Nelson SCTM No 1000-53-5-12.6 RECEIVED (3)years from the date such variance was granted. The Board of Appeals may,u on wrftgn% 2023 request prior to the date of expiration,grant an extension not to exceed three (3) onsecutive one eats (1)year terms. Zoning Board of APP Vote of the Board: Ayes:Members Dantes(Vice Chair),Acampora, Planamento and Lehnert. This Resolution was duly adopted(4-0). (Chairperson Weisman absent) Eric L. Dantes Vice Chair Approved for filing /2018 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ��rg 31 y� 53095 Main Road-P.O.Box 1179 h0 �O Southold,NY 11971-0959 Patricia Acampora' Office Location: Eric Dantes va Town Annex/First Floor,- Robert Lehnert,Jr. . • �OQ 5437.5 Main Road(at Youngs Avenue) Nicholas Planamento Olif'C�U Southold NY 11971 RECEIVED http://southoldtownny.gov a* 36 Qn ZONING BOARD OF APPEALS UG 2 5 2020 TOWN OF SOUTHOLD n. G Tel.(631)765-1809-Fax(631)765-9064 � FINDINGS,DELIBERATIONS AND DETERMINATIO SouQld Town CleEr MEETING OF AUGUST 20,2020 ZBA FIL :RE7CEIVEDNAME OANT: Mike&Mary Beth Petsky PROPERTY LOCATION: 65490 Route 25,Greenport,NY,(Breezy Shores Cottage#10SCTM No. 1000-53-5-12.6 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property in this application and determines that this review falls under the Type II category of the tate s List of Actions,without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under-the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated March 9, 2020 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 his recommendation dated July 22, 2020. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available, it is recommended that the proposed action is CONSISTENT with LWRP policy standards,and therefore is CONSISTENT with the LWRP. , PROPERTY FACTS/DESCRIPTION: Subject parcel is located in the R-80 Zoning District and contains 82. 6 acres. It is improved with three dwellings, a brick building, two garages, 28 seasonal cottages and 20 sheds. Access to the property is Nia Sage Boulevard,which is a private road, and the property is adjacent on the south to Shelter Island Sound. The Breezy Shores community is a unique property deeply rooted in the history of the Town. The multiple cottages on the property are pre-existing non-conforming use that was established prior to zoning by the Sage family in the early 1900's: The cottages previously housed employees of the Sage family brick factory, and after the brickyard closed, they were rented as seasonal cottages. In 2000, areal estate cooperative, Breezy Shores Community Inc. was established, and shares were offered as an ownership interest in the Cooperative. The cottage at issue in this application is known as Cottage# 10 and is owned by Mike&Mary Beth Petsky. The cottage,with proposed improvements, is shown on the Site Plan of Breezy Shores,prepared by Robert Brown Architect,dated November 2019. BASIS OF APPLICATION: Request for a Variance from Article XXIII, Section 280-123 and the Building Inspector's January 2, 2020 Notice of Disapproval based on an application for a building permit to make additions and alterations to an existing seasonal cottage, at; 1) a non-conforming building containing a non-conforming use shall not be enlarged,reconstructed,structurally altered or moved,unless such building is changed to a conforming Page 2,August 20,2020 47408,Petsky RECEIVE]APpeals STM No. 1000-53-5-12 6 SEP 2 5 2 use; at: 65490 Route 25, (aka Sage Boulevard, Breezy Shores Cottage #10, Adj. to Shel[erand Sound)Greenport,NY. SCTM#1000-53-5-12.6. ing Board of RELIEF REQUESTED: The applicant requests a variance to construct additions and alterations to an existing nonconforming seasonal cottage measuring an additional 21.8 sq. ft., less than 3% increase in overall size, when u such changes to a nonconforming structure containing a nonconforming use are not allowed by Code. ADDITIONAL INFORMATION: The file contains a memo submitted by the Board of Breezy Shores Inc., dated February 5, 2020, stating their approval of the applicants proposed cottage renovation. Testimony was taken during the hearing from the architect that the subject structure was going to be raised, and.new foundations installed to FEMA requirements to make the structure compliant. The applicant in a letter dated August 5;2020, acknowledged that the application erroneously omitted a new foundation and lifting of the cottage, although noted on the drawings. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on August 6,2020,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 4267-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. This unique property represents its own neighborhood of 82.6 acres. It contains substantial buffer of wetlands along the northern boundary of the property, and the enclave of cottages is sufficiently removed from other adjacent neighborhood properties so that adjacent property owners will not be affected by an additions and alterations. 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 existing seasonal cottage is a pre-existing non- conforming building with a pre-existing non-conforming use. As a consequence of the non-conforming status, any proposed additions and alterations will require relief from the code. 3. Town Law 4267-b(3)(b)(3). The variance(s) granted herein granted herein for the alterations and additions is mathematically substantial, representing 100% relief from the code because Section 280-123 prohibits the enlargement of non-conforming buildings with non-conforming uses. However, the proposed addition of 21.3 square feet to the existing structure represents 2.98 % increase in the size of the pre-existing cottage footprint. The Board in prior decisions related to other Breezy Shore applications involving proposed increases of structure less than 3 %, has deemed such increases, to be de minimus in nature. This applicant's proposed increase in structure size is minor and is just squaring off the building that is already being lifted to conform to FEMA codes. 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. 5. Town Law 4267-b(3)(b)(5). .The difficulty has been self-created since 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. However,to the extent that a seasonal structure such as this one periodically requires some degree of reconstruction and/or alterations to continue the safe use of the structure,the need for variance relief is not self-created, but is created by Zoning Code that now prohibits an existing use and activities that at one time were not prohibited. Page 3,August 20,2020 #7408,Petsky RECEIVED STM No. 1000-53-5-12 6 SEP 2 5 2023 6. Town Law 5267-b. Grant of the requested relief is the minimum action necessary and dequate to enable the applicant to enjoy the benefit of renovations and additions while preserving and protectin ti$�c��Qr� f�Pftl�peals 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 Lehnert, seconded by Member Dantes, and duly ' carried,to GRANT the variance as applied for, and shown on a Site Plan of Breezy Shores, dated November 1, 2019 and Architectural Drawings,dated January 3,2020,prepared by Robert I.Browri,Architect. SUBJECT TO THE FOLLOWING CONDITIONS: 1. The cottage use will continue in its current status as an unheated seasonally occupied dwelling. 2. No other alterations or additions may be undertaken without review by the ZBA, except for necessary minor repairs as determined by the Town Building Department. That the above conditions be written into the Building Inspector's Cert f cate of Occupancy, when issued. 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 anew 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. In the event that an approval is granted subject to conditions, the-approval shall not be deemed effective until the required conditions have been met; and failure to comply therewith will render this approval null and void 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 ofnonconformity. 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. Vote of the Board: Ayes:Members Weisman(Chairperson)Acampora,Dantes,Lehnert, and Planamento(5-0). Leslie Kanek Weisman, Chairperson Approved for filing 9/ a/020. F � BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson �o��Of SQ(/jyolo 53095 Main.Road•P.O.Box 1179 Patricia Acam ora Southold,NY 11971-0559 p Office Location: Eric DantesCA Town Annex/First Floor, Robert Lehnert,Jr. �. �p� 54375 Main Road(at Youngs Avenue) Nicholas Planamento o`�rCo�11� Southold,NY 11971 http://southoldtownny.gov RECEIVED ZONING BOARD OF APPEALS d, Q,;(��,(9 $:gSAIAA TOWN OF SOUTHOLD MAR 1 2021 Tel.(631)765-1809•Fax(631)765-9064 /'� • 10 FINDINGS,DELIBERATIONS AND DETERNIINATI ®u old Town Clerk MEETING OF FEBRUARY 24,2021 RECEIVED ZBA FIL� �4� NAME OF APPLICANT: Peter&Valerie Sakas SEP 2'S 2023 PROPERTY LOCATION: 65490 Route 25,Greenport,NY,(Breezy Shores Cottage# 1 SCTM No. 1000-53-5-12.6 Board of Appeals Zoning 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'§ 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 January 20.2021 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 his recommendation dated January 23,2021. 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 policy review and considered.a Minor Action. PROPERTY FACTS/DESCRIPTION: Subject parcel is located in the R-80 Zoning District and contains 82.6 acres. It is improved with three dwellings,a brick building,two garages,28 seasonal cottages and 20 sheds. Access to the property is via Sage Boulevard, which is a private road, and the property is adjacent on the south to Shelter Island Sound. The Breezy Shores community is a unique property deeply rooted in the history of the Town. The multiple cottages on the property are pre-existing non-conforming use that was established prior to zoning by the Sage family in the early 1900's. The cottages previously housed employees of the Sage family brick factory, and after the brickyard closed,they were rented as seasonal cottages. In 2000,a real estate cooperative,Breezy Shores Community Inc. was established, and shares were offered as an ownership interest in the Cooperative. The cottage at issue in this application is known as Cottage # 16, , as shown on a survey prepared by Howard W. Young, L.S. dated December 12, 2013 and a Site Plan of Breezy Shores, showing.proposed improvements of 17 sq. ft. prepared by Frank Ueullendahl, last revised October 12,2020. BASIS OF APPLICATION: Request for a Variance from Article XXIII, Section 280-123 and the Building Inspector's December 8,2020 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing seasonal cottage; at 1) a non-conforming building containing a non-conforming use shall J Page 2,February 24,2021 RECEIVED #7461,Sakas STM No. 1000-53-5-12.6 SEP 2 5 2023 not be enlarged, reconstructed, structurally altered or moved,unless such building is changee�Peals at: 65490 Route 25, (Breezy Shores Cottage#16,Adj.to Shelter Island Sound) Greenport, 12.6. RELIEF REQUESTED: The applicant requests a variance to construct additions and alterations to an existing nonconforming seasonal cottage measuring an additional 17 sq.ft.,less than 3%increase in overall size,when such changes to a nonconforming structure containing a nonconforming use are not allowed by the Town Code. ADDITIONAL INFORMATION: The file contains a memo submitted by the Board of Breezy Shores Inc., dated November 25,2020,stating their approval of the applicants proposed cottage renovation. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on February 4,2021,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: U Town Law 4267-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. This unique property represents its own neighborhood of 82.6 acres. It contains substantial buffer of wetlands along the northern boundary of the property, and the enclave of cottages is sufficiently removed from other adjacent neighborhood properties so that adjacent property owners will not be affected by an additions and alterations. 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 existing seasonal cottage is a pre-existing non- conforming building with a pre-existing non-conforming use. As a consequence of the non-conforming status,any proposed additions and alterations will require relief from the code. 3. Town Law 5267-b(3)(b)(3). The variance granted herein granted herein for the alterations and additions is mathematically substantial, representing 100% relief from the code because Section 280-123 prohibits the enlargement of non-conforming buildings with non-conforming uses. However,the proposed addition of 17 square feet to the existing structure represents 2.95 % increase in the size of the pre-existing cottage footprint, and the purpose of the alterations are to upgrade the bathroom,replace and raise the porch roof in order to be code compliant, and to add a loft dormer. In prior decisions related to other Breezy Shore applications involving proposed increases of 3%or less in the size of these pre-existing non-conforming cottages,the Board has determined that such increases are reasonable and necessary for maintenance and updates and are de minimus in nature. 4. Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created since 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. However,to the extent that a seasonal structure such as this one periodically requires some degree of reconstruction and/or alterations to continue the safe use of the structure,the need for variance relief is not self-created,but is created by Zoning Code that now prohibits an existing use and activities that at one time were not prohibited. t j Page 3,February 24,2021 RECEIVED97461,Sakas STM No. 1000-53-5-12.6 SEP 2 5 2023 6. Town Law 5267-b. Grant of the requested relief is the minimum action necessary and d�the' h' 11 111IIIapplicant to enjoy the benefit of renovations and additions while preserving and protecti 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 Lehnert,seconded by Member Acampora,and duly carried, to GRANT the variance as applied for, and shown on a Site Plan of Breezy Shores, and Architectural Drawings, all last revised October 12,2020,prepared by Frank Ueullendahl,Architect. SUBJECT TO THE FOLLOWING CONDITIONS: 1. The cottage use will continue in its current status as an unheated seasonally occupied dwelling. 2. No other alterations or additions may be undertaken without review by the ZBA,except for necessary minor repairs as determined by the Town Building Department. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. 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. In the event that an approval is granted subject to conditions, the approval shall not be deemed effective until the required conditions have been met; and failure to comply therewith will render this approval null and void. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Pursuant to Chapter 280-146(B)of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured,and/or a subdivision map has not been filed with the Suffolk County Clerk,within three(3)years from the date such variance was granted. The Board of Appeals may,upon written request prior to the date of expiration, grant an extension not to exceed three(3)consecutive.one(1)year terms. Vote of the Board: Ayes:Members Weisman(Chairperson),Acampora,Dantes,Lehnert,and Planamento(5-0). J Geslie Kanes We sman, Chairperson Approved for filing /A�—/2021 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson �o��o�S®UTy®lO 53095 Main Road-'P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric'Dantes Town Annex/First Floor, Robert Lehnert,Jr. �OQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento OI,�rCOU � + Southold,NY 11971 http://southoldtownny.gov RECEIVED ED ZONING BOARD OF APPEALS TOWN OF SOUTHOLD MAR — 1 2021 Tel.(631)765-1809•Fax(631)765-9064 /[a" SoLYhold Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATIO MEETING OF FEBRUARY 24,2021 FREICEIVE:DZBA FILE. 4.. 2`5 23 NAME OF APPLICANT: Charles &Helen Szarka PROPERTY LOCATION: 65490 Route 25,Greenport,NY, (Breezy Shores Cottage# 1 )Zoning Board oAppeals SCTM No. 1000-53-5-12.6 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 January 20,2021 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 his recommendation dated January 23,2021.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 policy review and considered a Minor Action. PROPERTY FACTS/DESCRIPTION: Subject parcel is located in the R-80 Zoning District and contains 82.6 acres. It is improved with three dwellings,a brick building,two garages,28 seasonal cottages and 20 sheds. Access to the property is via Sage Boulevard, which is a-private road, and the property is adjacent on the south to Shelter Island Sound. The Breezy Shores community is a unique property deeply rooted in the history of the Town. The multiple cottages on the property are pre-existing non-conforming use that was established prior to zoning by the Sage family in the early 1900's. The cottages previously housed employees of the Sage family brick factory, and after the brickyard closed,they were rented as seasonal cottages. In 2000,a real estate cooperative,Breezy Shores Community Inc. was established, and shares were offered as an ownership interest in the Cooperative. The cottage at issue in this application is known as Cottage # 17 as shown on the survey prepared by Howard W. Young, L.S. dated December 12, 2013 and a Site Plan of Breezy Shores, showing proposed improvements of 17 sq. ft. prepared by Frank Uellendahl,last revised October 12,2020. BASIS OF APPLICATION: Request for a Variance.from Article XXIII, Section 280-123 and the Building Inspector's December 8,2020 Notice of Disapproval based on an application for a permit to construct additions and Page 2,February 24,2020 #7462 Szarka ' STM No. 1000-53-5-12.6 alterations to an existing seasonal cottage; at 1) a non-conforming building containing a non-conforming use shall not be enlarged,reconstructed, structurally altered or moved, unless such building is changed to a conforming use; at: 65490 Route 25, (Breezy Shores Cottage#17,Adj.to Shelter Island Sound) Greenport,NY. SCTM No.#1000- 53-5-12.6. RELIEF REQUESTED:' The applicant requests a variance to construct additions and alterations to an existing nonconforming seasonal cottage measuring an additional 17 sq.ft.,less than 3%increase in overall size,when such changes to a nonconforming structure containing,a nonconforming use are not allowed by the Town Code. qe ADDITIONAL INFORMATION: The file contains a memo submitted by the Board of ree zy OEETgWS�� Gated November 25,2020,stating their approval of the applicants proposed cottage renovation. REC.EIV�D FINDINGS OF FACT/REASONS FOR BOARD ACTION: S EP 2 5 2023 The Zoning Board of Appeals held a public hearing on this application on February 4,202 ,jttMh�b#M,&0AJ$eals and oral evidence were presented. Based upon all testimony,documentation,personal ins ection of t and,surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 5267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. This unique property represents its own neighborhood of 82.6 acres. It contains substantial buffer of wetlands along the northern boundary of the property, and the enclave of cottages is sufficiently removed from other adjacent neighborhood properties so that adjacent property owners will not be affected by an additions and alterations. 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 existing seasonal cottage is a pre-existing non- conforming building with a pre-existing non-conforming use. As a consequence of the non-conforming status, any proposed additions and alterations will require relief from the Town Code. 3. Town Law 4267-b(3)(b)(3). The variance granted herein for the alterations and additions is mathematically substantial, representing 100% relief from the code,because Section_280-123 prohibits the enlargement of non- conforming buildings with non-conforming uses. However,the proposed addition of 17 square feet to the existing structure represents 2.95%increase in the size of the pre-existing cottage footprint,and the purpose of the alterations are to enlarge the bathroom,replace the porch roof and install new footings in order to be code compliant. In prior decisions related to other Breezy Shore applications involving proposed increases of 3%or less in the size of these pre-existing non-conforming cottages,the Board has determined that.such increases are reasonable and necessary for maintenance and updates and are de minimus in nature. 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. 5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created since 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. However,to the extent that a seasonal structure such as this one periodically requires some degree of reconstruction and/or alterations to continue the safe use of the structure,the need for variance relief is not self-created,but is created by Zoning Code that now.prohibits an existing use and activities that at one time were not prohibited. ♦ , I r , Page 3,February 24,2020 #7462 Szarka STM No. 1000-53-5-12.6 RECE ED SEP 2 5 2023 6. Town Law 4267-b. Grant of the requested relief is the minimum action necessary and adeFeZractgr enable the applicant to enjoy the benefit of renovations and additions while preserving and protecting t of theneighborhood and the health, safety and welfare of the community. goard of Appeals 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 Lehnert,seconded by Member Weisman(Chairperson),and duly carried,to GRANT the variance as applied for, and shown on a Site Plan of Breezy Shores, and architectural drawings, prepared by Frank Uellendahl,Architect,all last revised October 12,2020. SUBJECT TO THE FOLLOWING CONDITIONS: 1. The cottage use will continue in its current status as an unheated seasonally occupied dwelling. 2. No other alterations or additions may be undertaken without review by the ZBA,except for necessary minor repairs as determined by the Town Building Department. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. 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. In the event that an approval is granted subject to conditions, the approval shall not be deemed effective until the required conditions have been met; and failure to comply therewith will render this approval null and void. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three(3) consecutive one (1)year terms. Vote of the Board: Ayes:Members Weisman(Chairperson),Acampora,Dantes,Lehnert,and Planamento(5-0). r eslie Kanes Weisman, Chairperson Approved for filing a /66—/2021 l g . RECEIVED AGRICULTURAL DATA,STATEMENT O C T 0 3 2023 ZONING BOARD O.F APPEALS TOWN OF SO>l THOLD Zonind Board of Appeals IRTEN TO.USE "HIS FORM.-The form must be.completed by the applicant for any special apse permit,site plan,approval,use variance;o�subdivision app oQ-oir property within;an 4*ultural district'OR within l(J p e � 'ta forma asp rt v' ;4 cated in-q#1ca u riY; 3'i tR tl�rig;PCa cx a,res, rai i ri'c rictdlts sr d<datrs : . t i ata t-be eye eri~e 'to tite atilt C00,,ti t rtt'. f Ply eaa in: ra x o :}vetFr 'ech'oits 239; .. Y :_ ... ..,.... v M, sd 239-ta of the Omer t M anici"al law. : 1 "r of A licaot, J�Arh 'UU 61"fin- O V Addrpss of Applicant: 11:LEI�I/ Y15 /O 3)Name bf Land Qwnex(if(if gtlier than a�pXicaiit) . 45 4ddre9p' of Land Owner, .L.�lei S_ S�: V . i612T. -5)Pescriptron of Pro osed Pro'ect: o a G 6)Location of Property(road'and tax map number): 7)Is,the parcel within ati agricultural district? FINo Yes If yes,A.gricultuial•District Number 8)is this parcel actively farmed?KNo,Dyes 9) 'Name and 'address of any owners) 'of•land within the agricultural district containing active farm 'bperation(s)'located 500 feet of the boundary of the proposed'projedt...(Jnfdrrnation may be;ayaglable through the Town Assessors.Office, Town Hall location (765-'1937) or from any public computer at the Town Hall location sby viewing the parcel numbem'ov the-Town of Southold Real Property Tax System. s trs o" o a� s'o N �9 / A 1 - r L" : ' (Please ':e backside of lime V more t1'ran slit property owners are identified,) The lot numbers may be obtained,in aduance',when.regrgsted'from,'eithee the O#7l'ice.of the Planning+Board at m •7 -193 0 e. on• g:B arA of.Appeals at 765-1809. re of Applicant Date. b. . • _Note: -: .: _. �• ,, ' •1.The local board wil l solicit comments;from the ciivners'of land Whtif ed Oove in order to consider the effdet of the proposed action o7n; eiranio`Qptis�n: Itcitation'y iliibetae:?iy supgly�tctpy of this statement. 2: cimttieiits`returrrito th ':iotl.latst`r9,�vili<1e;2nTcei�into;c4�isit3 #ion'as part of the overall regrew"of this application. 3.Copies,of.the,completed Agricultural Data Statemenk shall be sent by applicant and/or the clerk of the board tb,thgyroperty,owners.r:, identified above The cost for mailing shall:lie pair!by the apRllcant ak the time the application is submitted for review;"Failure to pay at x such.time means.the application is not cornplcte and cannot be-acted,upon by the boards . 1-1409 RECEIVED 61U0, 0CT ,03 2023 Appendix E Shoat Environmental Assessment For Zoning Board of Appeals Part I-Project Information. The applicant-or project sponsor is responsible for the completion of Part 1. Responses becomapartof the application for approval or funding,are subject to public review,and may be subject to further verification. Complete'Part l'based.on information.currently'available. If additional research.or investigation would be needed to fully respond to any item,please.answer as thoroughly as possible based on current information. Complete all items"in Part 1: ,You may.also provide any,additional information which you believe will be needed by or useful to,the lead agency;"attach.additional pages as necessary to supplement any.item. Part 1=Project'and Sponsor Infprniation Name o f Action:or Project:. � 2 Project'lccation. describe;and attach a locati map r 'Brief i)escription:ofl?roposed Action: 5�f�� �GN `/�0 9Cff � / `t fir[) . (6 0F �i?C!&7Z/5�e),A1 Name of Applicant or Sponsor., " ' Telephone: JFIVIVI kmepe 718 l `T 38O E-Mail*,,Wa � ��) ADM Address: Cl G IS LA'lvji� City/PO: State:- Zip Cade: IU 1.Does the propospd action only Ili olve tho legislattva adoption of a plan;local law;,ordinance, NO YES administrative rule;or regulation? If Yes;attach a narrative description of the,intent of the proposed action and the environmental resources that x may be.affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require'a it,approval or iCuWing from an other governmental Agency? NO• YI1S . If Yes,list agency(s)name and permit or approval: 3.a.Total,acreage.of the site of the,proposed action? _.acres b.Total acreage to be physically disturbed? 0.0 0 acres s c.Total ac reage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? S dZ•.�P acres 4• Check all land.uses that occur'6%adjoining and nearthe pr000sed'actiou. 13 Urban ekRund(non-agriculture) ❑Industrial ca Commercial tlesidentiai(suburban) ❑Forest _)q"Agricultur© XAquatic ❑Other(specify): o Parkland Page 1 of 4 S. Is the proposed action; -NO., YES'. N/A a.A permitted use under the zoning regulations? R ECEIVED b.Consistent:with the adopted compreliensive plan? 5. Is the proposeii.acfion consistent Willi the'predominant character of he;ezistin It NO.. : .YES. landscape? � � 7: Is the site df.the proposed action located'in,or does it adjoin,a state fisted Critica�Eoit�v�i�o sre2tptti�, ? NO YES. if Yes,identify; Zoning ........... $.;`a.Will the proposea.actionresult in a substantial increase in traffic above present levels? NO YES. b.Are public transportation service{.sy available at or near the site of the proposed action? X c.Are any.pedestriaan accommodations or bicycle routes available on or near site of the proposed action? 9;'Dogs the propgi d`actiop Meet or;eiiceed tine:state energy'code requirements? »�'' If the proposed action will exceed requirements,describe.design features and technologies: Wi1t the.proposed action connod to an eiristing publiclprivate water supply? NQ YES. If No,describe method for rovidin p g potable water.—...... �( 11.Will.the proposed action connect to existing wasfewater utilities? NO: : .:YES If No,.describe method for proyiding wastewatertreaiment 112. a.Does-the site contain a structure lhaf is listed bii either the State or National.Register of Historic NO ::.YES. Places? b.Is:the proposed action located in an archeological sensitive area? t3:a.Does airy.portion of the site of the proposed action,or lands adjoining tile psoptised adioii;contain NO.' M.": wetlands or other waterbodies regulated by a federal,.state or local agency?', b.Would the proposed action physically alter,.or encroach into,.any existiag wetland or waterbody? If Yes,identify the wetland or.waterbody and.extent of alterations in:square feet or acres .....::.:. ...>:,..::..::....:.:...:. :; � a 'it Identify tha typ cat habitat types.tinat occur:on,or are likely to be.founit on the project site. t"heclCall that applyr, b0horeline. O Forest ®'Agricuituraligrasslands ❑Early mid-successional XWetland 0 Urban 0 Suburban IS...Does the.site of the proposed action.contain an `s R ;` `...` oci y pecles of^niniai,or associated lialiitats;:liated Nd3 „YES by:the State'or Federal government as threatened or endangered? 16:Is the project site located in the I year flood plain? =NO Yam. 17'Wili the r p oposed action create storm water discharge,either from point or non-point sources? YES.... a.Will storm water discharges flow to adjacent properties?. ;Ox N'O®YES b.Will:storin water discharges be directed to established eonve ance stems runo If Yes,briefly.describe: A O I YES s Page 2 of 4 i i8.Does the.proposedactioti idciude'construction.orgther activities tlaf tesuiE in tie impoundment of ::cY water or other liquids(e.g:retention pond,waste.lagoon,dam)?. E lfYes,explain purpose.and size: P 2023 19.Has the site ofthe proposed action or an adjoining properly been the location of an actiee or'cfosed z NO. `XIES:of Appeals solid waste management facility? If Yes,describe: ..... ......... .. .. .:.. .. ... .. M.Has the site of the proposed action.oi an:adjoining property been the subject of remediation(ongoing or 'NO..,. :YES completed).for.hazardous waste? If Yes,dosenbe; I AFFIRM:TIIAT THE INIrQRMATIOK.P1kb 7I)ED"5W Ig UiM AND AiWURAUTO j'IiE B>85C OF MY KNOWLEDGE Applicantlsponso. n �f'.. .. i' .. Date:. 5 Part Z-Impact Assessment; The Lead Agency is responsible for tfie completion of Part 2. Answer'aU of the following. questions in Part 2 using ttW.information contained in Part I and other materials submitted by the project sponsor or. otherwise available to the reviewer. When answering the,questions the reviewer should be$aided'by the.concept"Have my responses.been-reasonable considering the scale and context of the propose;!action?'! _,...,_..":;fib:-.,:.....:.:...3.„ .........::...•,:`.,'.. x-t ua. ,��, „ ,•.,•` .,;,, , �s , , � � �,ti �Kt� n I�io;or "Moderate i �ri "`x�,"aFt•.':,::;,�:'; , Y s . t r M ,* i� K 7� .�'�T"fit �"f�'e t,:�.,. ..9�,.r.`;,-•,..:y,.:.:..:z'.::. r, z:.. .,A., ,,,,,,:a..µ�,�'t: 1 ,gw,z ..� 'small to large .a^>...aa:-fJ^`...:_,vi.:y.,r:.,;�.;';....J........ :...:v.1;.:.: ..:.. ..: ,':;, :"1I.:,Si:.+1.iA:'ii"'i}'.J .`.M,,.,•V,a,:C �l.d -':.. ... ...... ...h.t..:..:.: .::.... ..::.....r.'.:.,,..,.... + .ter :.. ....n ....... ,Y........... ...'. :... ...<. ........',...'.,.,.;,V,. ::{..ye':.4.':. if - . a. ...,,s t, ,.:,r...:.,r......:... .::...:.....>..... .. ..:....:.:.>. ...:. Y�'.;ifC,. rr.. lm act impact e may y: :r.' occur cc r,•: .N°. w....,..::;:..,�,,,. •:.. ........:.:.:r:.....,.r,,-v,:,,,.....,.......zz a:.: ;;x:;.,.,.:�ir t}P.'.:, }."n �t�S 1. Wiitthe proposed action create'atnateiial'conflidf:, tli`a.h ad, ted I—d`use'plan or:zoning ' regulations. 2. W ill the prppased action result'in_a•change in the use or intensity of use of land?' Will the proposed action iinpaic:the cliaracxeror 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 oftraf#to or affect existing inf mtructure for mass transit,biking or walktivay7 6.. Will.the proposed actiori.cause an increase in.the use of energy and it fails to incorporate reasonably available a conservation ot'renewable ene orgmities? T WiU'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,.* archaeologlcal; architcetural:or aesthetic resources?, 9. WiIE the proposed,action result in an adverse change wriaturai resoutces(e.g,,.wetlands, waterbodies;.groundwater,air quality;flora and fauna)? .Page 3 of 4 o Mo era N r o. d mail tl a e `a ai o ct'. �... .Inka p P?. a h. ads may. m y. 0_CC 'obC .:...:..... ak ur• : LO':.'1ill the proposedaction resultin.an increase iu the:potential for'erosion,.flooding ar.drainage prolilerns? I1.:Will the:proposed.action'cniate:a.hazard:ta eiiviroriinental're source's of human.heal& 7EVED Part., oterinin..ion of signlPe8u.cC The.Lead Agency.is responsible for tfie voinptetlou,of f art I.for . cry. . question in.l'art 2:thatvvas:answeied``moderate.to'large impad�iay'oocur'';or ifthere:is a need'to explain why!apartiailEPelement of tfie proposed aotiori may or will not:resutf in:a significa;it adverse envirorunental:impact;'please.co lete Part:. : part1shbidd;insufiicienfdetal ideritifythe:impact,including anymeasuies or•design elenientsthaf'have iricluiieil byimpacts. PatiI should also explain how:the leadagencydetem�ine+d•that Bo inay:or will not be signi aaitt:Each:pofential impact should Was considering its setting;probability:of. ,. duration;itrei!etsibllity;geographic:scope:and magnitude. Also'cunsider�the potential forshott term;•long='term cumulative:iinpacts. i pt�eiC;this`.box ifyiitkhave:df iTte< liased.on tha iufbmiahon'and:anal}rsii 0bo ,and any.supporttng docmbft.1 ation; that the proposed action may result in one'or:more.potenii&11y'large orsignificartt adverse':inipaotc:anii an environmo,otal impad statement is.required.. A,. Gheck:t iis.box:if'you.have dkerrWned,.based on the information and.aoalysis above;andsny;supporting docuuientotion;:l that the proposed action will not'resulf in any.significant:adverse;environinental'impacts. T. Namc of Isead Agency Date':.:.. print or Tyier:Nerve;of R.esponsil?le:Qfficgr in Lead`Agency Titl®of Responsiblo.Offrccc: Signature of Res poesible'Offlcer ihi ead Agency Signature of'Preparer:(it ditItrent'f ii Responsible.;OfiEicer). Page:4 of 4: r- APPLICANT/OWNER TRANSACTIONAL DISCLOSURE:FORM 'The` � outho3dxs.Caite ,:F i ,. o . , o!'Yti#e nntlie rfi;o' fo4v ., cera; n ..:.ur ,... o . ., r fs ` :: . �isle.fiti!'o'; :...t£a ;wu 'c <;� Waite ,: .to of o shale c n• sa...,.f. .,•....:a : >�.:: .;•. ,�,f..• :::: ::a.,.. YOUR NAME: . st.i+aaie;first.uatne, iddie.inkial�ri»lessyotl'areapplyingin.the nameofsomeone:else r.otheren suWas:a company IPso,fadluiEe'iliq other persoWs 6r eompariy's name:) CEI VE TYPE OF APPLXGAiTIQN.*(Check all that apply) ✓ S E P 2 5 2023 Tag grievance: Building:Permit.. . .'Variance. . Trtasfee:Peritiit Coastal Erosion,. Zoning Chan$e:of Zone 9 Board of Appeals Approval of Plat Mooring Outer(acti�fty).. . Planning /� • Do you personally{or through your company,%spouse.,sibling;pareut,:or child)bade a:rektiostship vrith.any:office`r. or.employee:of the Tow.0 of Sonthnld?"�telations&ip"incfucles by blood;.marriage;or business interest." usigess Interest".weans''a bus.Iness,including a.partnership,.in which tpe town;pfffeer or.employee has:e*en a partial o�nersbip.of,{or.eiunployineIIt.lby�.a corporation in whi the.tovrn officer.or..empIoyee.owns more:than.5%o of:tbe Shares. If No,:signi:and;date.tielo�v:If YES;complete tlie.balaace of this form and date and sign wliere.ibdicated. :Name of person eoploye;l by the Town.bf Southold Tile or position of that:person Describe the;`relytiottsiiPp:between poursetf(tbe applicant/ageri#/representative).aud the town officer:or.employee.: Eitlter.check.tlie:appropri ate line.A).throughD)abil/or:describt 1n.thespace.pro vicled:: 6e f awn offcet:or,employ_ee or his:ur:her spouse,sib iag,.parent,or child:ls:(ciieck.aii tha#.apply). A).therowner ofgr oi..:tbat 5°ta of.the shares:of.tlie:corporate stacti of the applicant(when the applicant is a.: corpgrstiora •; .. •B)the:legO or.benefclal owner of any interest In a.noq=corporate entity{whea:thO applicantis'not a:corporation) Q an off cer,:director;partner,or einpltiyee'of the appl!cant;or D)the aetual:applean# bESCRUYnON OF RELATIONSHN Sulisiittted#liis flay of Signature: .. FrintName 18i► FA,,.,rM f, RECEIVED Town of Southold S E P 2 5 2023 LWRP CONSISTENCYASSESSiVIENT FORM A:. TNS`I'12UCTIONS. Zoning Board of Appeals i.. All applicants for.,permits* including Town:of;Southow:agencies;. shall:-complete. this.CCAF:�far proposed actioos:that are subject to the Town-of Southold Waterfront Consisteney:Re�dew Zaw.: This... assessment:is in,ntended to supplement other i iiforination used by a Town of Southold agency in: :making-;..determination of consistency,.*Except minor. exempt.dctiohs iOe ding.Bultirr :Permits and 61h&—mfnisferial permits rot:located.within:the:CoastalErosione Hazard Area: I Before 'answering-.the questions in.Sectiort:.C;.tho.preparer.of this:.'dorm.shouid review:the exempt. minor action.list;policies and ekblanatioris.of eacli.policy:contained ii the Town of tithold:Local: Waterfront Revitalization Program, .. A proposed action:wilt be evaluated'As:ta.:its::significall,: beneficial apd'adversa'effects upon tlie.coastaI ich includes all'.of$o0thold-T0w_4 `3. Jf-.atiy:question:in:Section C on,this:form:.is:answered"yes:";therrthe proposed aCtion:may:affect tile: achieveiiient:of:tlie:LWR.P policy staodards.and conditions contained'in.the.consistency review:law. Thus, the action should be analyzed:in more detail and;.if n�ecessary;.nng.q prior.to`making::a. determination that it is.consistent to''the maximum extent practicable with. the LWAP policy staiidarcis"arid conditions. If an action.cannot lie.ceitified:as:-coiisistent:with tfie LWRP policy :standards and.conditions,.its}tAl[*�W-undertakg'M.. A:copy of the.LWRI?'is:available iri tfie:Iolloi?ViiAg places; oziline:at the Town of.Squthold's �. wetisite:(southoldtown:noithfork:inetj,.tlie:Board of Trustees.Offiee, the;P anniog Depaztn ent; all' Iocal:librafies and.the.Town Cletk's.office. .:$. �ESCRIPTTON:OF SltKAND PROPOSED i CTION .; Tlie Agpticatibn h9s:been.-si bnihted to(check.:appr(?priatere{sp�oiise),'„ Town.Board. .ILT Planning Dept: Sidid.hig Dept. 1 Board of Trustees 1... :Category.ofTown: fSouthold.agency action(check.appropriate response): (a) Actibn inddrtakeri directly by Town..agehcy(e.g:capital caristriiction,.planning activity;agency:regulation;land transaction) {b): :Financialassistance(e.g.:grant;lban;:subsidy) (e) Permit,:approval;license;.cerCification: Natu and:extent.f action; .. .. ... . .... . I , Location ofaction.. Sito acreage: .. a r.•�i IV D Present land:use: CO 2 5 2023 Present:zonink classification:... ...�..�'. . Zoning Board of Appeals 2 lean:application for the proposed actibwbas been filed witb'.the:Town-of Sau information skull be provided: . . . . . (a):Name:ofappiicarit: . G Zk 1 ti b man, address..,... (c) Telepho4e4iumber Area Code d A lication.number,if.an . { ).. pp .. .. , y'. WiH the lotion:be dk6a Wuhded4Uh;rNuire.funding;or.appioval:by a state or.federal.agency`? If yes;which statobr.federal;abeitcy`..... . .... .... :. DEVELOIPED►.C5?,AST:ft)I x . OCY.A. Faster a patterit.of. levelop*ent`in the Tovvn.of:Southold that enhauces.community chaeacter; preserves.open space, al es:tf.,*6nt nse:of infrastructure,makes beneficial use o£a.coastal:location;.and `ibiniwhts adverse.effects of development..See LV#/R P Section TII Policies;Page 2.for evaluatiote. :criteria. 'des No (1. Applicable .please exiDlain) Atcacli a(Miii nal.sheets-if necessary Polity. Z.. Protect.and. p reserve histgric 'and arebaeologieW Tesources .o£ the Town.o£.Southold. ;See 1<;�{W�i2P:Si edgy I1[I=Prr tics Fagos 3 lhr�ula G..fai3.evaltiaiiust:crilea'lsa U. des : Nti. (1Vat.A�ppticable=.please e7splaiai) A#taco:additional sheets:if necessary .. RE Policy 3. Enhance:visual:qualaty acid potent scenic resources throughout:ilia 1C i�vtt:ofou1VERee 1:WRP'Section.M.—Pol' iesPages:6:throtigh76,teivaluatiof.criteria SEP 25 2023 . (Not:Applicable. -:please explain): oning Board. a s " Attach additiorial sheets if necessary . NATURAL:COAST POLICiES� :Policy 4. Minimize loss:of:life- str ctures,.an4matural resources fraati:£!boding and:erosion.,See I,V6tRi" Sectio�a:11 Polide's Pag 8#hrough:i6 fhi.evaluAti0i�criteria N. of A' livable lease ex Iam C Fp i p ,p . : t; . . Atta raaY,sliectskf,:irecess r P+alicy S. Prot et:awtd n prove water:quality sand supply:in the Town of Soiithold..Sce LWR Section I1f Policies Fages. 6 throwg4:11:for.eq tuatioo criteritii:. Q Yes .'No : (No#Appiicahle please explain)' Attach additional sheets iftieeessary ;..;...; Polley 6. Protect.a4d.resti�re the gigaHity And N ndttoi i of idle Timmi:df Southold :ecosystearis..ihdtiding Sigtdficaa�t C®astal Fish end wildlife:Halaitats and wed pds. See L ' .Section:I1I-.Potieie. Pages 22 -thruu0-h 3Z.for tvid ai tio'h crifMa; Yes :.No. (Noi:Applicable—please ex Iiin}. Attach additional Aewif necessary .Policy.. Protect:and'..improye air quality-in .the. 'own.of.Southold. 'See:�:,. � �d. ��eals ]'ages:32:thro�igh 34 for evaluation criteria._See Section.T�—:]Policies Pages;34 tliroug 8-fr io-va on. criteria. :: . Yes: No' (Not Applicable.: please explain). Att 11 adilitiottal:sfieets:if.n.'ecesMY Policy 8. 1Vlinxniixe envvConrnental degrad4ori.iu-Town of:Southold 16i solid .waste:aiid-hazardous substances'and.wcstes. See MWRP: ecCion I7I Policies;Pages:34 through-38.for evaluation criteria:. Yes 0 1!to: (Not..ApIicable=please explain) a FUBITC. OA�ST.$QI: CIES Policy:9. .Pxovitle foa' public access to, and irecreational,use;of, coastal waters;.public,fauds, and public. resources:of fhe 'own of,Soiithold. See LVvR P:Section llI.�.Policies;Pages 38:fhr64gh.46 for.evi luatioii criteria. . (Not-Applicable-please:explain):: Attacii:addiclonaE sheets 7fnecessary' WOR,K:ING COAST P.OL.ICI.ES -Policy 10;Protect Southold's water.-dependent:uses and:prgmote:siting of new water=dependent:bses . tafile.Iocatioixs.. See LYVRP Section.III—Policies;Pag:s. :41 ffi rough 56:for:evaluaf gi;..01teria.. ,`:Yes ;No; (Pot:Applicable please explain) RECEIVEQ.:..... ;. . .. . ..: .... ... .. Attach:additional.sheets if necessary Policy 1. Proinote'•sustainable use- (if lining marine resources:in i:ong Island. Sound, the Peconic_ ]Estuary-and.:Town waters.:See•LW6RP.:Section III:-Policies;Pages 574hrough:62 for evaluation criteria. Yes E. .No. Not Applicable=please explain. .Attachadditinnatsheets.if.neoess. , : . .. Policy 12: Protect agcieultural land's iie.fhe Town of.Sou#hold: SeeI�WI2P.Section.IIi.—Polecies; Pages.: ,62 thropgh.65:for;:eva14tion criteria. . Yes :. . .No:.. Not Applicable-pleaseiix is n. 4. :;Attach ailditio :sheets;if necessary Policy 13: Promote 'appropriate use'.and:development;of enrol-:and.•mineral resources. See:L.MW. Section.ITI.—Poiicies,;Pages:65Arough 6S forevaluation criteria.. Yes °%No Not.Applicable:.-please:explain 1 •r � � 7 n EIVED 2023 b WagnerJennifer • • Shores, West DIRECTION, DATE 7.25.2023 rl dkVb Jib Jennifer Wagner and Nico Schweizer #14, Breezy Shores, NW DIRECTION, DATE r ECEIVED Lnor P 2 5 2023 EELL oard of Appeals Jennifer Wagner and Nico Schweizer #14, Breezy Shores, North DIRECTION, DATE 7.25.2023 y T Q A �,Yy Jennifer Wagner and Nico Schweizer #14, Breezy Shores, NW DIRECTION, DATE 7.25.2023 V � RECEIVED SEP 2 5 2023 Zoning Board of Appeals ' r IFN ice.• - _ '•w :�mw �i • _ 'was'+. {+'r ��� L: ' �+v,��, '� ���! �q?�I _ 3 ,t,•r f � r..ZI: '. a ..ir,.l} { ''�� z �b� � ' •�'nA 1r _;�� . i idol' Jennifer Wagner and Nico Schweizer 14 Sage Blvd, Breezy Shores NE DIRECTION, DATE 7.25.2023 National Flood Hazard Layer FIRMette FEMA Legend 41°455.90 N SEE FIS REPORT FOR DETAILED LEGEND AND INDEX E 3 Without Ban 7oA,Y,A99 a With SFE or D N AREA C3F MlNIhr1AL_FL iOD HAZARD rEI 1Feet) H4ZEARD AREAsSPCiAL FL RegviatoryFk N r` 0.2%Annual I ` of 1%annual depth less thz areas of less t itlix Future Conditl Chance Flood Area with Red EIF eet) OTHER AREAS OF Levee.See Nc FLOOD HAZARD F` is� Area with Floc 1 ` Area of Minin' + Q Effective LOM }.' OTHER AREAS Area of Undet GENERALI---- Channel,Culy � "` tEL F sets STRUCTURES 1 1 1 1 1 I I Levee,Dike,o 40 Cross Section 17•5 WaterSurfac( — — CoastalTrans- Base Flood El, �♦ \\ �`_ Limit of Study w. Jurisdiction Bc ----- Coastal Trans = t 1 _ OTHER I_ Profile Baselh Coastal Barrier Resources System FEATURES Hydrographic it iELY Feeti Digital Data A DEL 7 Feet) [] No Digital Dal ELS ® Unmapped 1 + D The pi displayed on pointlected by the an aut oritative prop IVjappypliesryjh I EMA's scandal fioodThaps(�is of void as des se"shov It'Tto plies with FEN cy"dard�od and ir[Sm tion is derived rita NFHL�b ervicesprovide poF*1 on 7/12/ 018 at 9:39:4. t changes or ame dments subsea he NFHL and eff ctive informatk e su rseded by ew data over t C ��aa`�q .T��g+•�J' ,- � { .� e . +-a A � 't ,•i�, ,r S ' 'OWN CIF SOUTH Lo OFIOPE `RECORD CARD MOD— .53 — 5-� , ®dINfER STREET (v 5 �� �1@LLA�iE ®l3T. q / • ACFL s ,r� REMARKS ft { TYPE OF OLD. r� W.Ion `- ® ew a'% c.et ko j 1 Qrs 1m®►.GLASS i M bae�.r: ' - C �{�n�,eage �4dYe sera LAN!® IMP. TOTAL DATE � � d3tn ��° (b.,¢�L9 � �a�� r ��•e ACV o0z lap —A/ ti ,�,,.,, Cs� ! � �,l �• �`r .f ref , Amf3 ? w� a - s FRONTAGE ON WATER S�e�a lSE/LE?C r or (� w ; ,::I 111IR01 g Olga Oil SOUTHO t4 j 06*0 -(CAI OYl�t�dEt�. STREET' ' VILLAGE SUB. LOT FORrR Q El N o a E AC1Z. r'"ICao V e 04-L 0-6 1 c c> s e` i c. 1.i `7- 2sn c i pc Gi d I e dir C� J S w �j TTYPE OF qu `NI r( RIES. SEAS. VL. FARM COMM. CO. MICS. mkt. Valve LAND IMP. TOTAL DATE REMARKS r OWNER: %H-ORES INN EREEZ'Y NMMBR# DATE TYPE CO # USL f DESCRIPTION 23 440 5 15 9 6 PERMIT REPAIR COTTAGE #2 5 23441 5115196 PERMIT REPAIR COTTAGE - #'7 W c� 23442 5 15 96 FEEKI—T REPAIR COTTAGE #25 o REPAI CT� 12 23443 5 5 96 PERMIT ® Tillable f. a y N 23444 5 15 96 PERMIT `o P� COTTAGE 4 Woodland � ` In o -v f - - 23623 8 08 96 PERNiSi1' t1VZ9 Y EXISTING SEASONAL COTi Mt3adowtand < House.Plot ' -t BULKHEAD g w � `. •Q , .;Ji'n'i .Nr�yf .y.3..�: • , .f., ,,,..�'L'•,D„1• •"C,�"•f�i:,'ii •'Y�- }c ; al .a••,; Tot �.,�. � su.. et.• i pryp• R6`WM •e tr , . xr Hw •n•.ev..,,ea r. .. ._. ..... µme` - ''• ,,,—.—..�..�_ ' y _� • S /�,� '6'®Vbf�t! o� sou H®�� ��oP�RTI( ��co�® o��� ..� VILLAGE DtST. SUB. LOT OWNER STREET ACR. REMARKS TYPE OF BLD. 51 CLASS ilar/6r : �r� f ,ism = e �.11 z g� ur sir! 6 - .S/1o��� rl ) r LAND IMP. TOTAL DATE a ADO a tip . ® .13 21705- Yeplaces >= g oMblo re-places g -d71 a 1 _ P# a9707 LpKtces p3 P a7 paw 03 ,P' 8 03 P# &,9110 rC places s 8 10S BP ass?!) !'e .laces I ;? ►-A3CL u' -o n a is as f3P 3! r € rn o b b 32 4 Z= m N .� f!o 20 6 � 4� i �oY bad tou-IS lyf01 9. 33s � inis +a �. tat d DEPTH ppt� SYe- J� MEADOwLAND m BULKHEAD T l� Ctlttt� # SCTM /D b,�, TOWN OF SOUTH Ito D PROPERTY RECORD CARD QINNER STREET j� G�(1 VILLAGE DIST. SUB. LOT ACR. REAARKS fee - �- TYPE-OF BLD. -Jo at *s if bra MRoF.CLASS �� �. � �� � bo � LANID limp. TOTAL DATE i G'# l D (SD10 0 n o - v FRONTAGE O N UUATER o-. cc„ _ < H /LOT FR D N 0 d BULKHEAD A TOTAL . r. 'OWNER ' f FORMER OWNER G N f� . �} y ACR. 41 S r J Wr TYPE OF BUILDING RES. SEAS. VLI FARM COMM. CB. MISC. ,fsrtic$i Value LAND IMP. TOTAL DATE REMARKS. w :a +r "r°' .;�^ � � , 't• ` ' y., . >! bey o !' e l r;,S;;te✓` '�� t t d,. .�.1 � ' lbw i�_"��,\� t AGE BUILDING CONDITION i NEW NORMAL BELOW ABOVE t t° _� FARM' Acre Value Per Value Acre - CIO )9 6 f rs.c U O 'Illable 3 ?J. o i f sg01 'iliable 2 g b 0 ri n re I g a r 1111 illoble 3 /oadland Nampland 0 c� '��; FRONTAGE 4N WATI~R t e, o rushland 0 FRONTAGE ON ROAD o n H Ouse Plot Q DEPTH • o ; 'en CAD 1 BULKILEAD5/7onet r 10I4e— statN DGGK � I •�>:.' f+w7:.,...i A .r' .r. .. ;. r,...�..r ...: •. :1.1 tf''{r .\f. .l.i thi'iM.�rr .'l�._ .1.Y' r.4.. 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TOTAL DATE REMARKS _ �lP y"Z7 41 � � Sao ~ 4 • L ..r G. a.. 6.7 . e• r3 a,��+lx o� � �i�i t•�tr t;r r1 aa•cG G vim` AN T,6gi �•- AGE BUILDING CONDITION I c..IQ.1—+ l �� JA- -- VFW NORMAL BELOW ABOVE � �.�• �:,�•� - 3 ::ARM Acre Value Per Value Acre illable RONTAGE ON WATER Je °`-• {pa M ��:. �:r�,'rE ►c� >ijnt:r ((�ru�IrxtYf�P FRONTAGE ON ROAD O laad(and 2 1gadowland DEPTH o � rn cruse Plot BULKHEAD 1-4 ca n co; < n tom•) at 5 DOCK w o a 0 • p� D N O N T MEW" 7, Ti77 1.I .. . ........... .. ...... .... CiCi'w�.w...w..wwwe..ww. w.w..w■ NONE .wwwwwwr��w�w�w�www�■ OMENS ONE No n 0 n O IN N NONE Ciii�i�ii�iiiiwwwwwwwwwr.wwwwwr0 lwrwwww■wwww�wwwwwwww.owwwwwwsww NONE No an 'Founclation l2f7-y Rooms Ist F., Wa ZBA CHECK FEES - 2023 Funding Account - B2110.10 DATE NAME ZBA FILE# FEE CHECK# DATE SENT TO TCO 9/25/2023 Dean Company LLC 7849 $1,750.00 1024 9/29/2023 2_0,237,--W.ag—ne.c_Schweizer__ 78'S0 - $T50:00 _�17�78�. —9/29/202-P 9/27/2023 Indian Neck IV LLC 7851 $1,500.00 1046 9/29/2023 9/28/2023 Kelly/Gillespie , 7852 $750.00 100631 9/29/2023 i $4,750.00 RECEIVED SEP 2 9 2023 Southold Town Clerk - 'Town of Southold = P.O Box 1179 Southold, NY 11971 I * * * RECEIPT * * Date: 09/29/23 Receipt#: 315536 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7849 $1,750.00 1 ZBA Application Fees 7850 $750.00 1 ZBA Application Fees 7851 $1,500.00 1 ZBA Application Fees 7852 $750.00 Total Paid: $4,750.00 Notes: Payment Type Amount Paid By CK#1046 $1 500.00 Aurelian Farms LLC Lz--C��#1�7.'►$° '�!" -� 'F""`�°L� �$7:50400. Jen,nifer*VVa�g'ner=�`N� i"too--, Schwelzer� i CK#1024 $1,750.00 The Dean Company LLC CK#100631 $750.00 Twomey, Latham Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Twomey, Latham 33 W Second St P O Box 9398 Riverhead, NY 11901 Clerk ID: JENNIFER Internal ID:7852 _ 55-233h12` JENNIFER WAGNER&,NICO SCHWEIZER -- �dJ� DATE ���`�' {j PAY TO THE ' i -,ORDER OF � 4�/�,Q synyk.v.. �`�V� DOLLARS LI' °°� .z. -CHASE JPMorgan.Chase'Bank N.A. MEMOIL 2-g r - - - - RECEIVED SEP 2 9 2023 Southold Town Clerk v� SRU� +i"`/J/ � �,_�;��—�_Y•f'1f J � \_ yf '��,�� / �,1VVl/ r� ucwomc:"�'c ----------------- , RECEIVED � �P 2 �923 of Appeals t Z A .J 11 �c! (s rIlk ITS i � a � b ..r '• 1 ,ti rt r� '� v:./ `/ ,y �' `�1a Y'lODD5��54i <ua - \\\ v��,�`�•-.. S C + l i ''. \ \. (+ ram' -r.✓ fic2. Sin a= l 1 a �l � �•` \� I ' ; vv v�5�{tU ' I /'1 l 'L' .n l 1 ��-�a'�q_ `� ..�,L ".• � / +.p f /r 7psG � .'" ^®am'• n� ",xv `�.,_*`'�`v'.^.,,,..�.,rJ ti. � +�' e�,o'J Y `'�•�, .Un= v44 IN , 'ate q tfi°' 'uc:d •",,.,.,.. 4�'l)/f '�� '+. 7 `v / �/ NN \ �:,.3Y+. •• t r''�"-`'eA- m _ -_ � _ � `. �ura•�ge�zn^�:G+u+.ro y_ 1�•:,� a /?-F.�o WC_ 'g41 RECED $ Y 2 PLAY 12 2023 70NING BOARD OF APPEALS - br- TOWN OF SOUTHOLD ZONING BOARD OF APPEALS Appeal No. SOUTHOLD, NEW YORK (1 AFFIDAVIT OF In the Matter of the Application of: MAILINGS -f�4 � -Piti11/l1 w"MAt c� (Name ofQA�ppliiccant/ weer) �CJ I ud �� �� SCTM No. 1000- SHIM too®— �J' (Address of Property) (Section, Block& Lot) COUNTY OF SUFFOLK STATE OF NEW YORK 1, ()() Owner, ( ) Agent `� /V Ail � residing at ( I L � ) lf(l�f� I ( �wl �� New York, being duly sworn, deposes and says that: On the _day of �I , 2 I personally mailed at the United States Post Office in ,New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll Verified from the official records on file with the ( ) Assessors, or(xj County Real Property Office, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. (Signature) Sworn to before mee this a?> day of L.. , 20c9,4 ROBERT ANTENUCCI NOTARY PUBLIC STATE OF NEW YORK DUTCHESS COUNTY LIC.#01 AN6355365 (NO U llc) COMM. EXP. 031061_ 02.z5� PLEASE list on the back of this Affidavit or on a sheet of paper, 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. i Postal • i ■ • ,CERTIFIED , 1 © ■ ■ I CERTIFIED MAIL' ■ ■ 1r1 I• I N. Domestic Mail Only -arn NJ'uC►21]; ;; r Ed9�.ui�t r;, I `.. �:..::• i�.; :'�s Grr�. �� ,� .; ��. Er ::. . FE ified Mail Fee m Certified Mail Fee $°F.4 a '0035 m 4.40 (135. rn tl 1 Extra Services&Fees(check box addfee ate) IlJ a Services&Fees(checkbox addfee ^A -) 03 ❑Return Receipt(hardcoPY) $ rid t ' = Return Receipt(hardcopy) $ �•5 r� ❑Return Receipt(electronic) $ f.n Postmark - ,� .❑Return Receipt(electronic) $—10 00 Postmark r ❑Certified Mall Restricted Delivery $ Here (� ❑certified Mail Restricted Delivery $ Here 0 []Adult Signature Required - $ Yam" V r"•�- - C3 []Adult Signature Required $ []Adult Signature Restricted Delivery$ ��`r'r�4� C3 ❑Adult Signature Restricted Delivery$" 4��I' -�' t� Postage OO Postage 0.68 $0.68 ` l .t, .0 $ .. .. (14111/2a24 rl $ 04/11 r2a 4......., ,A Total Postage and Fees m Total Postage and Fee08.73 e #8.73 _; „'., rn Sent To "j '� �� YS aw`ya� -- !Ivy` ;; �'s're aneAg x Pf J �{ f�_ ' ,O Street opt_ U�C Box o. n s _ a ,:j •.� City,,Stai�c11�+4 U K 1 CityyStat. IP+4® "N rT ---D.�V [� U�/ V.v �I-1-v'-��:------=-- TIA Postal Service I 'U.S. Postal Service CERTIFIED"M1 RECEIPT Er CERTIFIED MAIL@ RECEIPT. f Ln =.. Domestic Mail Only ru Domestic uI (ruin- a �rr� CUt h s t 9 Yni1913 ' cuto ��,�Y 'i ��y�..�} • I t Ire � .� �.:, z,•. .�::' >;"_.� �..: v i Im Certified Mail Fee `14 40't w 003`t 'm Certified Mail Fee 4 4a 003•a ru $ (13 Ii m '" ',,. ,. c a3 Extra ervices&Fees(checkbox,add fees fate) a RJ $ Extra Services&Fees(check box,add fee -tare) ) ❑Retum Recelpf(hardcopy) $ i ❑Retum Receipt(hardcopY) $ -" ❑Return Receipt(electronic):, $ $0-00 Postmark - ❑RetumReceipt(electronic) ,$ oil Postmark ��� 0 d Here -rlt+,r �,•,❑Certified Mail Restricted Delivery $_ 0. 0, Certlfied Mail Restricted Delivery $ j--- - "Hale � []Adult Signature Required $ — C ❑Adult Signature Required $--- -- (( []Adult Signature Restricted Delivery$ ' ❑Adult Signature Restricted Delivery$ - �-�p y��{ Postage �J to , 0' Postage �U(� '68 $ 04ri i r2024.. rq $ $I_I, 8 04/11 r2024 m Total Postage and Fees. m Total Postage and Fees. 3 R8.73 , 3' V U { O S tiSentjoC`�� 2� tN' --- --- - Y - C� C ---- St and t o p�ozx f C]. N `� �tre and--t. - or P x N (V,� Q y��}oJV -------- �Q �v/` 1 I -- City, ate,Z/P+4• ciiy 8fe rP 1 ... . _ w �u� �� ,•,•.. Postal. TIM PostalI rn CERTIFIED oRECEIPT. _n I. estic Mail Only Ln' .. Ln •r:,: •''.cl,aPV D ,fir n "� 6 €: t.n . ) ri� µ € s .Br . Fri�� '�' �.i 2�9 • .. �'•�., .•� F 6'. �� .1. 23 ,. ..0 . � � m Certifiedail as c�4■4aa m rn Certified Mail Fee-$4.-40 003� tL $ -0 tlJ $ 03 Extra Services&Fees(checkbox,add tee. 'p te) aa. Extra Services&Fees(check box,add fee A -ate) ❑Retum Receipt(tiardcopy) $ _ ❑Return Racalpt(haMcoPY)• I '" ❑Return Receipt(electronic) , ,$: (� � Postmark, ❑Return Receipt(electronic) $ $0 on Postmark � � � Here i gry ,-,ry Here 0 ❑Certified Mail Restricted Delivery $ 0 ❑certif, Mall Restricted DeliverT, $fir- ❑Adult Signature Required $ �•;Q�t'�p�e C3 ❑Adult Signature Required• $ �' ❑Adult Signature Restricted Delivery_$ �'r r`V " ' ► V� , ❑Adult Signature Restricted Delivery$ .. .i _ C3 Postage •,'' C3 Postage 0.68 ' g $tt,b°u $ to g...eendFees ..04/11'/2024- rq $ i14r11l2a24 m m Total ICPostage and Fees $0. , $$8.73 13 Be ' t - �1J Sent�To r� 1/l')/ - 'Sfi land Apt.7f�o�77 Bo ot^ - - - �L[! Vl'V.t'-, ��'--`-- ------- r.t 'V/Q,/) -iiiIanddp.N0.,OiPOBo r �� - -- -- -- - -- -----,i -----�---------- -u-- lY ,. --------------------- � Ciry, fate,ZIP+4®_ .; I� �� = - Gl April 29, 2024 Hello Kim, Here are all the hard copy receipts I have received.The certified Mailings went out April llth. The Breezy Shores Property manager,Mary Trier is coming in person,Monday April 29th to sign her affidavate for the sign postings. Thank you, Jennifer Wagner Cottage #14 Breezy$pores i i I � i APR 11, 2024 �" IINITEOSTdTF^ � - POSTdL SERYICl. g,7 3 + Schweizer�arni0�r \i":' T�� LeWIS1.a118. ,eYRETURNZIP.CODE LAseu Garrison,4� RDC g R2304M114533-03 -" tr. C. .. M -� C4 ._ m CD ' o e 7020 3160 0001 2336 8679 ~ I -- -- -- ------— -- — ---- c F0 Co �' M m ❑❑❑❑❑ o 6Z99 9EE2 1000 09TE 020E TOWN OF SOUTHOLD WW'1el� ZONING BOARD OF APPEALS SOUTHOLD, NEW YORKg� AFFIDAVIT OF In the Matter of the Application of: POSTING SCTM No. 1000- -3 -S- (Name of Applicants) (Section, Block & Lot) COUNTY OF SUFFOLK STATE OF NEW YORK I, It-to9 1z ?rt r tom- residing at y q ky r �o,lT�o Lp ,New York, being duly sworn, depose and say that: I am the ( ) Owner or � Agent for owner of the subject property On the -j-L day of 202,,W, I personally placed the Town's Official Poster on subject property located at: 15AE-a2-/ SG?pj4zs indicating the date of hearing and nature of application noted thereon, securely upon subject property, located ten (10) feet or closer from the street or right-of-Way (driveway entrance) facing the street or facing each street or right-of-way entrance,* and that; I hereby confirm that the Poster has remained in place for seven (7) days prior to the date of the subject hearing date, which hearing date was shown to be S-L2-�2-z-0z-z (Owner/Agent Signature) Sworn to before me this Al Day of , 20 Kim E.Fuentes Notary Public,State of New York Qualified in Suffolk County (Notary'Public) LIC.#01 FU4811709 Commission Expires April 30, * near the entrance or driveway entrance of property, as the area most visa e to passerby ■ • ■ • �. , CERTIFIED p iCERTIFIED o r I Domestic Mail Only, Cc PaWTVIM WI 111111111mem, C13 , G Sad' �p v iz.,�lO 74t :''I' ; -� rl a' •:�Y'11 64i t,x• C .. Q. m J m Certified Mail Fee C m Certified Mail Fee $4'.4G' GG35 PmLI $ $4.46 ru $ GCt,5 Extra Services&Fees(check box,add fee ffslftlid ate) ,. 03 Edna Services&Fees(checkbox,add the Cate) I �` ��3 . ❑Return Receipt(hardoopo $ $0 GG ❑Return Receipt(hard pY) $ { I3 ❑Return Recel electronic ' d ❑Return Receipt electronic ( > $ $6�aGG Postmark ❑CertiR�Mall Restricted Dal $ $0,QQ Postmark, O ❑Certified Mail Restricted Delivery $ e Here 7 O �' $ k( G Here { O []Adult Signature Required $ , ,, I []Adult Signature Required $•' ❑Adult Signature Restricted Delivery$ 0•0 0 0 gAdult Signature Restricted Delivery$ �'r-'•V�?'I - jE3 Postage I ..a Postage ,q $ $0.S8 a' $ $0.68 m Total Postage and Fees G4/i l/2G24 m Total Postage and Fees 04/11/,2G24 " #8.73 0 7 SentT lU Sent To� nj OUTS 0'LD 1,(S(.tj). � '' SQ' r V C3 ------= --- reef - ------=--=--- Stre and �ge o�P o $t an�FApLNor�PozlVoj � Q /SXn J!i �D Vy( r�- , :I -------- t Ciry- p p�j ® lbw U"J i& I J City;s�at� /�C.�Civ 1 O.� x 1 -- -- - PostalWawa Postal X, RECEIPT i Q 0 RECEIPT ,� •. . m -Domestic cc co -.< 0° � - P 3 Grp n .. •,;. 1' 4 1 f:: m Certified Mail Fee ' 1�� i1 1 $ :--" - $4.4G r m Certified Mail Fee KK - c' n7 1.._... $4-40 { Edra Services&Fees(check box,add tee putete) ,:r', :V.,.r •• Edra Services&Fees checkbox,add tee tq ❑Return Receipt(hardcop)� , $' 11. It t - (, ate) --' ..03 , C ,❑Retum Recei $ ❑Retum Receipt(hardcopy) $ 110-n �. pt(electronic) $ tr-. n _ ..'•a:.�..•,, . ���• , Postmark' ❑Reium Receipt(electronic) $ �n Postmark.:, O ❑Certified Mail Restricted Delivery.,»Ρ$, Here dDelivery, ` k�°t 0 El Mail Restricted $___�O-__�_�r,_ []Adult Signature Required .. .,.$' nr• _i- Q ❑Aduk Signature Required, $ •'^'•'-•tom-- Here.. ❑Adult Signature Restricted Delivery$ �U■U r .i- — { [] ❑Adult Signature Restricted Delivery$ J] Postage 411,16811 M: Postage of�68.73 stage and Fees /2024 ' m Total Postage and Fees �fi4/11`/2 4 rU Sent To C3 K 1 p �ent Tom Street a- A ru t.NF,-- L L— orP Box f Ci - M1 Street and9pt No. or PO B x o. --- -- ------------- --/�--�- 9--n -- - ---- --- _ City Stat t +4� - l. I �+ l ` T = - + !V City,State, Postal CERTIFIED o RECEIPT -0. Domestic Mail Only N ca , m Certified Mail Fee' ' Extra Services&Fees(checkbox,add fee eta) ., G3 r� ❑RetumReceipt(hardcopy) '.$ $�Ir[ii1 - I Q ❑RatumRecelpt(electronic) $- $G•$�_ Postma ❑Certified Mail Restricted Deliver :$ Postmark. rk., C3 ❑Adult Signature Required.'. $'—, •—rtf r— p OAdult Signature Restricted Delivery$ �",�•.V, _a Postage. : . ' _ , 1 r1 $ $0.68 g and Fees r m Total Postage a4/1'1/2 2 l C3 $8.73 , , 1 IU Sent T o a � , . =- o � _ ' -- """' -r'- SCtirtye,e St t NLrrPBoxNln�.T�l O9f --- -X at Pfi / 1 -- ---� ------=a-- .....__.. :.• r r r •rr•r. Postal ■ , ■ ■ T U.S. Postaill�ervice- M Domestic Mail Only CERTIFIED MAILP RECEIPT �., Domestic Mail Only q3 For delivery information,visit our.website at www.us�S.Corrro. So Iblaig-M .n ffyco fn CertifiedMail1Fee - t# U �J At� 30 1� iLi L U . -E M $4.4�1 `;003S m [El ertified Mail Fee Extra Services&Fees(checkbox,add fee pp ete) 03 ru $ $ '4G ! 03 ri' ❑Retum Receipt(hardcopy) ,;; $- $Q 00 .., ,., , ..�,, xtra,SBNICCS&Fees(checkbox,add fee are) �.:.O ❑Retum Receipt(electronlc), $ �$�� Postmark a R6tum Receipt(harttcopy) - ' � []Certified Mail Restricted Delivery $ Here Q ❑Retum Receipt(electronic) $ --. Postmark, C3 ❑Adult Signature Required .'$ V■�tr'��' 'Y, ,;• E. ❑Certified Mail Restricted Delivery $ — I Here Adult Signature Restricted Delivery$- �"�•ur1 ` C3 ❑Adult Signature Required $ YV.ILr�I �/ •• .. I ' C3 Postage - -- - ❑Adult Signature ResMcted Delivery$ —a $0:6� -I 0 Postage m Total Postage and Fees 1 ; : .ta4ll l I20Z4 $ '$0.E1v 5..73 frl r#S.73 stage and Fees 04/11/2024 Sent To "'edAp r d Box o O --—j---- =-h- - ------ - t Nor C7 B x -- ---- ---o U LZ PS Form 3800,April 2015 PSN 7530-02-000-9047 See Reverse for Instructions )—�Complete items 1,2,and 3. A. Signet ■ Print your name and address on the reverse X �.. _ Agent I I so that we can return the card to you. Addressee } ■ Attach this card to the back of the mailpiece, B. Received by(Printed Nam C D IN or on the front if space permits. 1. Article Addressed to: PSA� D. Is delivery address different from item�i1�� ] j / If YES,enter delivery address below: ❑No-�v v li (�l,(, 66 U LD i � NY I U l 3. Service Type ❑Priority Mail Express® Adult Signature 13 Registered WITS" I ❑ . II I IIIIII IIII III I III I I I II I III I I I II I I II I II I III ❑Adult Signature Restricted Delivery ❑Registered Mail Restrl& ❑Certified Mail® Delivery I 9590 9402 6361 0296 7027 16 ❑Certified Mail Restricted Delivery ❑Signature Confirmation?M I ❑Collect on Delivery' ❑Signature Confirmation 2, Article.Nurpber"/Traosfer.from.service.label)T,— ❑Collect on Delivery Restricted Delivery Restricted'Delivery 4 17 d 2 b M19-d.. b��], !2 3 3'6 t+8��3 ': 1 ltricted Delivery PS Form 3811,July 2020 PSN-7530-02-000-9053 Domestic Retum`Receipt'i COMPLETE THIS SECTION ON DELIVERY us fiWe -J ❑ t card o you.verse X I S2qd:�TPM 5 p_ Addressee so t I>—at we can re urn e a I ■ Attach this card to the back of the mailpiece, B. Received b drite Y N me) C.D to of D livery ' or on the front if space permits. "�- 1. Article Addressed to, n D. Is delivery address different from item 1 es If YES,enter delivery address below: ❑No ,p lkkkcJJJJ �� � Eau I 6 3. Service Type ❑Priority Mail Express@ I I II I IIIIII IIII II I III I I I IIIIII III III I I I I III III ❑Adult Signature ❑Registered MaiITM ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted ❑Certified Mail@ Delivery i 9590 9402 6361 0296 7027 09 ❑Certified Mail Restricted Delivery ❑Signature Confirmation*^" ❑Collect on Delivery ❑Signature Confirmation 2—nrti�le_NI tmher__!Transfer-from.service./abell __ ❑Collect on Delivery Restricted Delivery Restricted Delivery 2 p 3 3`00p D Dk1r 3 f 86 t4 8 s 411 Re'sfrioted Dell�e j Ij PS Form 38 1,J 5 - - 0 - 3 JJl Domestic Return Receipt , ■o Po§tal Service CERTIFIED ' ° o fL � RECEIPT m Domesti&1114ail Only m Domestic Mail , Ln m co MIRE 1,12M o- SOU hpllC" 1`` f' • �° Imorat1 `- k► Y 1 "' $ M Certified Mail Fee rY 1 Certified mail ' m fl ry $ $4.40 003 M $ `C4.40 (i(135 Extra Services&Fees(checkbox,add lee ate) (1v ' ❑Return Receipt(hardcopy) $ �k I rIll Extra Services&Fees(checkbox,add fee M "ate) 1.13 r� irk■k. ❑ReturnReceipt(hardcopy) $ $U (1u Q ❑Return Receipt(electronic) $ (11 (postmark Q ❑Return Receipt(electronic) $ ,•, Q ❑Certified Mail Restricted Delivery $ •�V)/ Hero �.�.171a Postmark Q ❑Adult Signature Required $ : t'•'-'t� O ❑Certified Mail Restricted Delivery $ Here --�[�-r--rtrt— Q ❑Adult Signature Required $ ❑Adult Signature Restricted Delivery$ P!'•�'1 ❑Adult Signature Restricted Delivery$ $='•!T Q Postage Q Postage `° $ 211.63 .D 8 mTotal Postage and Fees (14/1112024 m Total Postage and Fees�V (14/11/2024 $8.73 $$8.73 C3 p � Sent tL �-�i Q $fie" Apt. - - - ---------- C3 1 G ------- ------ ----------- o l3 Bo Q $tr dA o r PO Box -------� ------------------------------ City,St a ZlP+4® ---- -- -- ---���----J-�� _ - -------------- City fate ZIP--® ---- �� �v G I i -, N l l ��o� i SEPDER' COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3. A.;Signatur ■ Print your name and address on the reverse X ❑Agent so that we can return the card to you. ❑Addressee I ■ Attach this card to the back of the mailpiece, B• Recei fd by Panted N e Cr.,Dat,,of�Delivery or on the front if space permits. , e� T l— I 1. Article Addressed to: D. Is delivery address different from item 1. ❑Yes If YES,enter delivery address below: g]No I LC e �OX i N7� 1 3, Service Type ❑Priority Mail Express@ Ii'III II III T1111 II I I I I III I IIIIIII I II I I [3 Adult Signature ❑Registered MajlTM I ❑Adult Signature Restricted Delivery ❑ Restricted Mail Restricted I ❑Certified Mail(D Delivery 9590 9402 6361 0296 7160 89 ❑Certified Mail Restricted Delivery ❑Signature Confirmation"' ❑Collect on Delivery ❑Signature Confirmation ❑Collect on Delivery Restricted Delivery Restricted Delivery' '.•' 2.-Article-Number-(Transfer from service label)-_ _ Mall _ _ re 7 0 2,0, 3160. 0 0 i01i 2 3 39 3732 tI Mail Restricted Delivery 100) PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt', SE11DER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3. A. Si ure ■ Print your name and address on the reverse g ent so that we can return the card to you. dfewe ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. ate of livery or on the front if space permits. 1. Article Addressed to: � �/� D. Is delivery address different from item 17 ❑ 5 `o mF Y y�/1 /I I x- If YES,enter delivery address below: ❑ No P 3. Service Type ❑Priority Mall Express® II I III II(III II I I II I I I II I I I II I II I I III III ❑Adult Signature ❑Registered Mal Rl ❑I Adult Signature Restricted Delivery El Registered Mail Restricted' ❑Certified Mail@ Delivery 9590 9402 6361 0296 7160 58 ❑Certified Mail Restricted Delivery ❑Signature ConfirmationTm f El-Collect__ on Delivery ❑Signature Confirmation 2. Article Number(Trnn.far-r. ^^-•--'-'- -` -- -- - m Delivery Restricted Delivery Restricted Delivery 0001 .233b Gil 7 0 2'0: '31I7 a 5 3 : : : nail'Resfrjdted DeliJe'ry5 i _ t 1 (over$50D); i p PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt 1 t f Postal U. ■ • CERTIFIED ■ ■ CERTIFIED , ■ ■ co DomesticMail Only i. Er, Domestic Mail Only, l•ri Ln i C[3 - c[3 For delivery inWrination,visit our we Wpst6 Ii+aa :. ;1. 1 g` Soy "h ► ; My 1 71 R_ r (`. �, t1 E •r.D 4•„�' a�,.,..... ;:r -!';� _ "•� a CS T,d \^.3 I� ;s._.b .�,p",� 1 .��...:.�m••.:;•_. Uri Certified Mail Fee x m Certified Mail Fee m $ $4.40 [+i13dt ' ;tm $ $4.40 i Extra Services&Fees(check box,add fee d§*pri fiTte) ��. Extra Services&Fees(checkbox,add tee ate) 0++ ❑Retum Receipt(hFdcopy) •$ Vu:--. _. r=l, ❑Return Receipt(hardcopy) $ =t'i 0, ❑Retum Receipt(electronic) $ k � , Postmark Q ❑Retum.Recelpt(electronic), $ Postmark " C3 ❑Certified Mail Restricted Delivery,r$ .r. Here - p ❑Certified Mail Restricted Delivery..$ .+•r. -- - _ i .Here r3 ❑Adult Signature Required $ 0 ❑Adult Signature Required; $ • ❑Adult Signature Restricted Delivery$ $'r tr° y" •_''t• ❑Adult Signature Restricted Delivery$ ?"'�°'-r�� - ''� --• •- Postage O Postage tae Tcta Postage and Fees. 04'71•T72024•' m Total Postage and Fees , g4711'72�+2 r. m 08.73 C3' Sen Sent�T --------------- - ----- -- ---- W Stre n t.No. o - N �,,.I,]: �� St�ee Apt, o. a Box sxT Tr :11 r r'�y �I 111'I• PS Form 3800,April 201511 rrr•I. Reverse for Instructions - •" THIS SECTION • • ON DELIVERY ■ Complete items 1,2,and 3. A. SMtU ■ Print your name and address on the reverse X ❑Agent so that we can return the card to you. ❑Addressee B. Rec ' ed (Printed Name) C. ate°�Delivery ■ Attach this card to the back of the mailpiece,����� L �«/�C7 t or on the front if space,permits. I 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes I If YES,enter delivery address below: ❑No (, AisC(0 o 3. Service Type El Priority Mail Express® ❑Adult Signature ❑Registered MaiITM I II I IIIIII IIII III I III I I I II III III I�I I I II I I I III ❑Adult Signature Restricted Delivery ❑Registered'Mail Restricted 111 ❑Certified Mall® Delivery 9590 9402 6361 0296 702778 El Certified Mail Restricted Delivery ❑Signature ConfinnationTM ❑Collect on Delivery ❑Signature Confirmation ❑Collect.oD Delivery Restricted Delivery. . Restricted Delivery i3�3ClhltSmq�.Gf> sf�rrAm service la_bel)_;�;—;_i_•i0.•__-_ • .E {) i ! i I t i i {I �il Restri�ed'Deliv� ?bn l j1�d ldbos' 2336 1 5 ? ry' i P orm $ u y `0 PSN 7530-02-000-9053 Domestic Return Receipt COMPLETECOMPLETE • • DELIVERY p iteems 1,2,and 3. A S' tUri ■ Print your name and address on the reverse X ❑Agent so that we can return the card to you. ❑AdDe e ■ Attach this card to the back of the mailpiece, B. clued by(P'nt d Name D De' e or on the front if space permits. �/0 do 1. Article Addressed to: D. Is delivery address different from item 1? Yes own If YES,enter delivery address below: [3 No I !Jr' JJJ�jUUU,VVV(1`l O✓) ( I I l 3. Service Type II 0 Priority Mail Express® I I IIIIII III III II I I I I III III I II i III III I III El Signature ❑Registered Mail ElR Adult Signature Restricted Delivery Registered Mail Restricted ❑Certified Mail® Delivery 9590 9402 6361 0296 7027 54 ❑Certified Mail Restricted Delivery ❑Signature ConfinnationTM ❑Collect on Delivery' ❑Signature Confirmation 2._Adicle Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery Restricted Delivery ❑Insured Mail t =:� 2D: 33,6© �p01_€2336 8594 """I Restricted Delivery j PS Form 3811 i July 202U PSN 7530-U : - Domestic,Return Receipt t' r. TM U.S. Postal Service U.S. Postal Servire"" CERTIFIED MAILP RECEIPT CERTIFIED MAILP RECEIP r3T Ln Do • r- Lr) mestic Mail Only Domestic Mail Only -0 Ln CID co V r Sol NY NY t1r. • SO4", ;X rn Certified- M Certified Mail Fee M dd Mail Fee $4 40 0035 M $4.40 ru 0035 ru 6 03 $ Extra Services&Fees(check box,add fee ate)Extra services&t-eeS(check box,add r=l ❑Return Receipt(hardoopy) $ 03 r=l ❑Return Receipt(hardcopy) $ r3 ❑Return Receipt(electronic) $ Q.r40 Postmark E:3 ❑Return Receipt(electronic) $ Postm rk E:3 E]Gerfified Mail Restricted Delivery $---$f- — Here C:3 ❑Certified Mall Restricted Delivery $ He .f.fi(i D 1:3 El Adult Signature Required $ [:3 E]Adult Signature Required $—Ir -OD— E]Adult Signature Restricted Delivery$ irr� []Adult Signature Restricted Delivery$ C3 Postage E:3 Postage 7 $0.68 -11 $0.68 r-9 Total Post—age and Fees $ 04/11/2024 04/11/2024 rn Total Postage and Fees M #8.738.73 C3 A C3 SentT obw M ru Sent ru V ------------------------------- -------- -------- ----------- i7l5ii-n- ..QUI-----F6--------l"r-- Stre t r 0 ---- 5 - T----- Al--. ,or!U X/ VW D - ------------------- -------- -TT City, ---MY L-D Aj t-/ ----j--j--qT---------------------- ------ mpl WA-1&IIIJIm ukaigiz"gor SECTION ONDELIVERY SENDER: COMPLETE THIS SECT16N COWLETE THIS A. Signature m Complete items 1,2,and 3. -El'Agent N Print your name and address on the reverse 0 Addressee so that we can return the card to you. . B',WO i ved by(Printed Name) C.D lie 1 N Attach this card to the back of the mailpiece, -)7 or on the front if space permits. 1. Article Addressed to: D. is delivery address different from item ❑ S If YES,enter delivery address below: [3 No blant 2)0 Dr 3. Service Type [3 Priority Mail Express® 11 Adult Signature El Registered Maj.lTM D Adult Signature Restricted Delivery D Registered Mail Restricted' El Certified Mail@) Delivery .M 13 Certified Mail Restricted Delivery ❑M Signature Confirmation T 9590 9402 6361 0496 1026 93 [1 Collect on Delivery El Signature Confirmation 2. Article Number(Transfer from service lab El Collect on Delivery Restricted Delivery Restricted Delivery I 0-Insured.MMi 11 Restricted Delivery 7020 3160 0001 2336 8655 1 PS Form 3811,.July 2020 PSN 7530-02-.000t9053 Domestic Return Receipt SENDER: COMPLETE THIS SECTION COMPLE TE T141S SECTION ON DELIVERY E Com plete items 1,2,and 3. A. Sign 01 Print your name and address on the reverse x rZ a B 116 t EIAddressee so that we can return the card to you. B. Received by(Printed Name) C. Date of eli r N Attach this card to the back of the mailpiece, I or on the front if space permits. PIZ, 1. Article Addressed to: wwl D. Is delivery address different fro item 1? 0 Y& Name) C,,?Date t fro item 1 re.. low. 0 If YES,enter delivery address slow: E]No 0 �AT 'n 3. Service Type ❑0 Priority MailExpress@ 0 Adult Signature 0 Registered MailTM El Adult Signature Restricted Delivery 0 Registered Mail Restrictedf [I Certified Mail@ Delivery El Certified Mail Restricted Delivery 11 Signature ConfirmationTM 9590 9402 6361 0296 7160 10 11 Collect on Delivery 11 Signature Confirmation 2, —------ Restricted Delivery Restricted Deliver y — 7020. 31.6Q QQQ1 2336 8570.. Restricted Delivery! t tj :08 Form 3"81:1,,iu 20901PSW 753 0-02-000-9053 Domestic Return Receipt Postal Postal Servi CERTIFIED o CERTIFIED o . m N T. I rl.{ Only Domestic , lti cp c0 For delivery visit our website at Wimmusps.coma, _. ':. Al bY 1 �•Jyy � qt 1 � tlr; f �w,.Jear , x., € S::,i a�, dz'`.� !;...,>� 'A,`: "wx•.se i�:va m .. .•p �;� M Certified Mail Fee Certified Mail Fee M $+4.4U iC+C135 +T+ru $ $4'.4C+ � ;` C+G3�r I Services&Fees(checkbox,add tee ^ ate) 03 Extra Services&Fees(checkbox,add fee prate) 03 ❑Retum Receipt(hardcopy) $- ❑Reium Receipt(h"copy). .$ I C3 ,❑Return Receipt(electronic) $ t50-.00 Postmark 13• -❑Retum Receipt(electronic) $ - So ostmark I C3 ❑Certified Mail Restricted Delivery $ $0.Ari — v Here 1 p ❑Certified Mall Restricted Delivery $ _ _ •Here + C1 []Adult Signature Required $--- ,�--r+� C3 ❑Adult Signature Required _ ..$ .I + t ❑Adult Signature Restricted Delivery$ r • V •' []Adult Signature Restricted Delivery$ s t'[•�'�.' •• ' Postage Postage . , � $ $+7:d8 r9 $ $ti.d$ I rl Total Postage and Foes �+4I11 I �+24 {T•) Total Postage and Fees 047117+ry�+�f1 t Sent To 0 UC -- ----- ' —= ------- S N g P _ = --- "`-------- ant To Street an Ap.No., O Box No. treat an A or b Bo�No: ---- ----- ------------- - --- --Y ef- -�_'__�---___i--- ., -------- City Stat !P 4 1•�.S o-• � � 1� l�' COMPLETEPS Form 3800,April 2015 PSN 7530-02-000-9047 S6e Reverse for Instructions PS Form 00,April 2015 P�SN 730-02-000-9�47 See Reverse.for Instructions . SECTiON ON DELIVERY ■ Complete items 1,2,and 3. A. Signat e ■ Print your name and address on the reverse X ❑Agent so that we can return the card to you. ❑Addressee j ■ Attach this card to the back of the mailpiece, or on the front if space permits. [B. R ei d y(Pri tad Name) C,Date of livery G' 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes I If.YES,ante delivery address below: ❑No I II I Service Type,, ❑Priority Mail Express® 13 r'. ❑Adult Signature ElRegiste�ed,MaiIT.M� ❑Adult Signature Restricted Delivery. ❑Resisferert Mail Restricted I IIIIII III III I III i I I IIIIII IIII IIII IIII I III 9590 9402 6361 0296 7194 55 ❑Certified Mail® • ClSignana dlb ' r'6 ❑Certified Mall Restricted Delivery tureConfirmationTM I ❑Collect on Delivery . Sig PO. nature Confirmation I fromm service label) ❑_Collect on Delivery Restricted Delivery Restricted Delivery I ` 7 0 O= 416 0€ 0`01 2 3 6 '8'?2 3 +'i,L {I Restricted Deliytiry -O- PS Form 3811,July 2=i3s137sgoAztaiz � t 'o tic,3 i CIF�iv'1r"ly� - 7 ■ Complete items 1,2,and 3. A. Signature f ■ Print your name and address on the reverse X ❑Agent f so that we can return the card to you. JK ❑Addressee ■ Attach this card to the back of the mailpiece, B. Received-6y(Prin(d Name) C. Date of Delivery or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes � y%'�� �a�-�• �m4.t ,�� If YES,enter delivery address below: ❑No I�/ri/ I �'1lefA• lam. $ d �e4-Wjn �U� %J II I III1III Jill III1 I III I I I II I III II II I IIII II II I III 3. Service Type Piority Mail fxpressO ❑Adult Signature El I Mall ❑ R Adult Signature Restricted Delivery ❑Registered Mail Restricted ❑Certified Mail® Delivery I 9590 9402 6361 0296 719'4 31 ❑Certified Mail Restricted Delivery ❑Signature confirmationTM ❑Collect on Delivery ❑Signature Confirmation ❑Collect on Delivery Restricted Delivery Restricted Delivery i 2, Artirle.Numher_ITransfer_from.service.label) ry ry I f 7020 3160 0001 2336 8 7 4 7•' Ilestricfed Delivery i• PS Form-8811,1 July320201PSN 7530-02-000-9053 Domestic Return Receipt Postal • ■ • CERTIFIED. MAIL@ RECEIPT CERTIFIED MAILORtCEIPT V'1 Domestic Mail 1nly r-3 'Domesfic Mail Only r— 'm F� 117 For delivery dr., j • s't rE �; !' •�y�: n Grerptr � Y1 'g44'. information,151 m `o s, w—u m Certified Mail Fee .40 m Certified Mail Fee � �l [I03,t h 001% nj s 03 m $ 7 03 Extra Services&Fees(check box,add p fee f� rr'ate) rU Extra Services&Fees(check box,add lee q� le) l ❑ r Return Receipt(hardcopy) $ $V-00 ❑Return Receipt(hardcopy) $ $�•�� C3 ❑Return Receipt(electronic) $ kt Postm fk ra [:IReturn Receipt(electronic) $ (-1.[ICI Postmdrk1-3 ❑Certified Mail Restricted Delivery $�. Her C3 ❑Certified Mall Restricted Delivery $ $0-Q0 Her C3 []Adult Signature Required $ C3 []Adult Signature Required $ A � Q ❑Adult Signature Restricted Delivery$ ❑Adult Signature Restricted Delivery$ Postage O C3 Postage $10I 6U ,-a $ $11.b� i_14t11/�1124 ..n $ 17�4/11 t2i_124 m TOE 7 stage and Fees rr-q $f� ?age and Fees r3 # 3 t� (5 R( Sent To �� U y C3 Sent To D,y �2 ►/lS�'--------1--------------- � (� (s -- -- -- ------------- ------- -- - ---- --- --------------- IL Street A t. o.,orPl3 oxN0. O Street t orP i3o Mo (5 - 1CWI/h_- vDd-- ---------- `__c_ //eol,��_ �v Ci ---------------- ---State. P+ POl� ! I 1 a Ctry,SY----1 f� O , ` ^ ; 7 r G • COMPLETE THIS SECTIONON DELIVERY ■ Complete items 1,2,and 3. A. Signature I ■ Print your name and address on the reverse X ❑Agent I so that we can return the card to you. ❑Addressee I ■ Attach this card to the back of the mailpiece, B. Received by(Ptinted Name) C. Date of Delivery or on the front if space permits. I 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes I I' < If YES,enter delivery address below: ❑ o I I 3. Service Type I� El Priority,Mail Express®I IIII I III I I I III I I I II i t ❑Adult Signature ❑II Registel.e,,-mailTM I II I IIII II III III ❑Adult Signature Restricted Delivery ❑Redisterer�Mail Restricted i ❑Certified Mail@) Delivery 9590 9402 6361 0296 7194 24 ❑Certified Mail Restricted Delivery ❑Signaidre Confirmation- ❑Collect on Delivery ❑Signature Confirmation 21.AcUcl N b r(Tfiflo tCD eI) ❑Collect on Delivery Restricted Delivery Restricted Delivery ` 6D ;2 3 3 6 ;8 7 5:4: (Restricted Deli very ,Q=�-000-9053 k� I � Domestic Return Receipt = I • •"- COMPLETE THIS SECTION • ra.•a w ■: f ■ Complete items 1,2,and 3. z17 P1141 3 L. IS ■ Print your name and address on the reverse X [3nt so that we can return the card to you. Addressee ■ Attach this card to the back of the mailpiece, B. Recei y(Printed Name) C. Date of Delivery or on the front if space permits. 1. Article Addressed to: D. Is delivery address differe t from item 1? ❑Yes I If YES,enter delivery a ress below: ❑No I 3�A Aki n& 6L-V-D IVY 3. Service Type ❑Priority Mail Express® II I IIIIII III III I I I I I I l l l l l l l II I I III III El Adult Signature ❑Registered MailtR i 1 ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted f ❑Certified Mail@) Delivery I ❑Certified Mall Restricted Delivery [3 Signature ConfirmationTM 9590 9402 6361 0296 719'3 87 ❑Collect on Delivery ❑Signature Confirmation 2. Article Number_fTransfer-Jrnm_cen icw.lataAn-• .❑_Collertno.Delivery Restricted Delivery Restricted Delivery I 1 •a l 17 a;�0 �3t16�l []D+Ire, ` 3 ,6��7,' 6'L i 1 iill astricted,D�iive'y i i, i PS Form 3811,July 2020 PSN 7630-02-000-9053 Domestic-Return Receipt ; ERTIFIED MAIL RECEIPT o D• _u M ,- CO 'F r Gr a. i =t` a• �''`'� IT1 Certified Mail Fee .0 Certifled Mail Fee :,003;- rn $4.4ti w Oti35 L 1„ `b4.4t� I R, $ AS rya rTl $ L S EMra Services&Fees(checkbox,add fee s plate) -i•.. •-� ;•U 6dfa Services&,Fees(check box,add fee A.�pr(ete) ❑Return Receipt(herdcopy) $ 1 1 I ❑Retum Receipt(harcicoPl� $ PU JJLL�r � C3 ❑Retum Receipt(electronic) $- a,LJI) Postma ' �❑Return Receipt(electronic) $ � [II( POStmark ❑ ❑Certified Mall Restricted Delivery- $ 3 ❑Certified Mall Restricted DOWery $��rr.r[tG= Here I f-F 1— (� El Adult Signature Required.". . $ _' i C3 ❑Adult Signature Required $ " AO ,- g `ty,a�pa ❑Adutt Signature Restricted Delivery$ 17 ❑Adult Signature Restricted Delivery$ �. Postage'' - ( Postage $0.68 $ :68 t,14'J11/2Q�4 _ m Total Postage and Fees 04/11/2024 $ u Ttage and Fees #8..73 rrl ^ C3 Sen j�i1 Q _ Sent To 'n' ( o U( L`�tb =V=7wv --:-------- 1 I�_ 0- ----- o P . t / rU ------ M1 Stie (i o or O Byz qlo. Street and t' ., P Box o. i F �I (V� o L1� - r - -7�C -- --- - - = - �; St ez;L4 -- - �� �;iy state, +4® N �i-T � .. M. o :rr r �u-NY-IU5— r' COMPLETE • � A. Signature � i A Complete items 1' 2,and 3. �/ ❑Agent 111111'i?xint your name and address on the reverse X ❑Addressee 1 so that we can return the card to you. ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) C.Date of Delivery or on the front if space permits. I. 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes if YES,enter delivery address b low: [3 No 39 ��� � fi "` IIv I oIIII�I II IIIIII IIII I(IIIIIIII III 3. Service Type ❑Priority Mail ExpT rR"es sip ❑Adult Signature ❑Registered M ,, ❑Adult Signature Restricted Delivery ❑ReglsteredMel restr.i ❑Certified Mail0 DeliveryI7 j 9590 9402 6361 0296 7162 18 ❑Certified Mail Restricted Delivery ❑Signature.ConfrmationTM ❑Collect on Delivery ❑Signature Confirmation p Co)Igct on Delivery,Restrigtpd Deliyery Restricted Delivery _nrti��A;nlnrnhar.:I7raqsferfr0m-sery1C?-- 7 02 d 316' 0 , 3`3 6 7 3 L{I J tJ Ma I Restriefed Delivery oo) PS Form 3811 Jul 2020 � , ne tic Return Receipt �-92 � 1]iJDQ i �1iLJ111L1.r:119.11.. W COMPLETE THIS SECTION . ■ Complete items 1,2,and 3. A Signature Agent ■ Print your name and address on the reverse X r ❑Addressee so that we can return the card to you. ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Delivery or on the front if space permits. l 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes I t® - t n 1— If YES,enter delivery address below: ❑No f uL,I6) if p V VV I. t1 3. Service Type ❑Priority Mail Express® I D ❑II Adult Signature ❑Registered MallTM I IIIIII IIII IIIIIIII IIIIIIII III I I I III I I I II III ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted l ❑Certified Mall® Delivery ! ❑Certified Mail Restricted Delivery ❑Signature ConfirmationTM 9590 9402 6361 0296 7026 86 ❑Collect on Delivery ❑Signature Confirmation 0 Collect on Delivery Restricted Delivery Restricted Delivery- f 2.-Article-Npmber_lTransfer_from servire.lahall :;;, i t . . 7 2`63 5,b Q p b�, 2 3 6 ':.8 66 MI_V Wsli Ftestrioted oefivery PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt, U.S. Posta 4 1 Service I TM U.S. 'Postal Service'" Lrl ■ , RECEIPT' � MAIL ■ . ■ CQ Domestic Mail Only h' I Domestic Mail Only r- r 43 . CID 11. 3 � Soiia 0 141.r i ' ,.o Riv7Y7n fit: u, d �,....,. 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Is delivery address different from item'1? ❑Yes If YES;enter delivery address below: [3 No ' Ij II I IIIIII IIII III I III I I II I III III I II I III I II I III 13 Service Type ❑Registered Mail Express@ ❑Adult Signature ❑Registered Mailrm � ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted l ❑Certified Mail@ Delivery 1 9590 9402 6361 0296 7027 30 ❑Certified Mall Restricted Dellvely ❑Signature ConffrmationTm i ❑Collect on Delivery ❑Signature Confirmation i_9 ArHt la.Numhor-LTransfer-from-service.label) ❑Collect on Delivery Restricted Delivery Restricted Delivery ail I 7.0 -� �1� 0 �9 P 1 2 33 6 8 617 oil Restricted Delivery I PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt L_ COMPLETE •N i COMPLETE THIS SECTIONON DELIVERY 1 ■ Complete items 1,2,and 3. " A. Signature ■ Print your name and address on the reverse X "-Agent so that we can return the card to you. ' / ,Y ❑Addressee , ■ Attach this card to the back of the mailpiece, B. Received by( inte,l Name C. DaJ6 of Delivey or on the front if space,permits. 1. Article Addressed to: D. Is delivery address different from item' ? 0 Yes- If YES,enter delivery address below: ❑No l 3. Service-Type ❑Priority Mail Express@ II I IIIIII IIII III I III I I I II I III all IIIIII III II III ❑Adult Signature ❑Registered Mall 1 El Adult Signature Restricted Delivery ❑ Restricted Mail Restricted ❑Certified Malt@ Delivery I 9590 9402 6361 0296 7026 55 ❑Certified Mail Restricted Delivery ❑Signature ConfirmationTM 4 I ❑Collect on Delivery ❑Signature Confirmation 2._Article.Number-Mransfer_from.service-labei) ❑Collect on Delivery Restricted Delivery Restricted Delivery 7112 D i; ],60 0 Z ;2 3 6 8 6 9 3 Restricted Del(very i PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt Postal P• ® o . 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I ,enter delivery address below: ❑No � ( / ) v� 3. Service II I IIIIII IIII II III I I I I I III III I I II I IIIII III Type Priority Mail ❑Adult Signature ❑Registered ❑Adult Signature Restricted Delivery ❑Registered Mail Restrc ted II ❑Certified Mail® Delivery 9590 9402 6361 0296 7161 02 ❑Certified Mail Restricted Delivery ❑Signature ConfirmationThl ❑Collect on Delivery ❑Signature Confirmation { r9_Artir_IA.Numhar-?ransfer_from.service.labe0 ❑Collect on Delivery Restricted Delivery Restricted Delivery i I 7 36,0:;O001 ; 233 [ail 9s 3?5 IalIRestricteiiDelivery' ( j i PS Form 3811,July 2020 PSN 7530-02-000-9053 T Domestic Return'Receipt J - LEGAL NOTICE "HOLD TOWN ZONING BOARD OF APPEALS �C� t THURSDAY,MAY 2,2024 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.MAY 2.2024: You may appear in PERSON,or you may have access to view,listen and make comment via ZOOM WEBINAR. Details about how to tune in and make comments during the PUBLIC HEARING are on the Town's website agenda for this meeting which may be viewed at http://southoldtownny.gov/agendacenter. Additionally,there will be a link to the Zoom Webinar meeting at http://southoldtownny.gov/calendar.aspx. 10 00 A.M. CHRISTOPHER ROSS TRUSTEE OF THE CHRISTOPHER ROSS TRUST#7896 Request for Variances from Article XXIII,Section 280- 124;Article XXXVI,Section 280-208A;and the Building Inspector's December 5,2023 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling;at 1)located less than the code required minimum side yard setback of 10 feet;2)located less than the code required minimum combined side yard setback of 25 feet;3)more than the code permitted maximum lot coverage of 20%;4)the construction exceeds the permitted sky plane as defined in Article 1,Section 280-4 of the Town Code;located at:3340 Park Avenue(Adj.to the Great Peconic Bay),Mattituck,NY. SCTM No.1000-123-8-21. 10.10 A.M.-REGINA MELLY#7900-Request for Variances from Article III,Section 280-15;Article XXIII,Section 280-124;and the Building Inspector's January 8,2024,Amended January 15,2024,Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling,and to legalize an accessory shed;at;1)construction located less than the code required minimum side yard setback of 10 feet;2)shed located less than the code required minimum side yard setback of 10 feet;located at 490 Northfield Lane,Southold,NY.SCTM No.79-3-4.2. 10:20 A.M.-HEATHER ROMANELLI#7898-Request for a Variance from Article XXIII,Section 280-124;and the Building Inspector's December 22, 2023 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling;at 1) located less than the code required minimum front yard setback of 50 feet;located at:3535 Cedar Beach Road(Adj.to Shelter Island Sound), Southold,NY. SCTM No.1000-93-1-6.3. 10.40 A.M. 5295 BRIDGE LANE LLC/CONSTANTINO MARRA#7899-Request for a Variance from Article 111,Section 280-15 and the Building Inspector's January 4,2024,Amended January 19,2024 Notice of Disapproval based on an application for a permit to legalize an"as built" accessory in-ground swimming pool;at 1)located in other than the code permitted rear yard;located at:5295 Bridge Lane,Cutchogue,NY. SCTM No.1000-84-1-6.16. 10.50 A.M.-STEPHANIE PERL AND RICHARD PERL#7901 -Request for Variances from Article III,Section 280-15;Article XXIII,Section 280-124; and the Building Inspector's December 1,2023,Amended March 26,2024 Notice of Disapproval based on an application for a permit to construct two additions and alterations to an existing single family dwelling,construct an in-ground swimming pool addition,and legalize an accessory shed in a non-conforming location;at 1)construction located less than the code required minimum front yard setback of 40 feet;2)more than the code permitted maximum lot coverage of 20%;3)accessory shed located in other than the code permitted rear yard;located at:2880 Minnehaha Blvd(Adj.to Corey Creek),Southold,NY.SCTM No.1000-87-3-43. 11.00 A.M.-PINE WEST LLC/WILLIAM SCHILLING,111#7904-Request for a Variance from Article III,Section 280-15 and the Building Inspector's January 2,2024 Notice of Disapproval based on an application for a permit to construct a new accessory garage;at 1)located in other than the code permitted rear yard;located at:5445 Great Peconic Bay Blvd,Laurel,NY. SCTM No.1000-128-1-6. 11:10 A.M.-JOHN LAURETTI#7903-Request for Variances from Article III,Section 280-15;Article XXIII,Section 280-124;and the Building Inspector's January 24,2024 Notice of Disapproval based on an application for a permit to legalize an"as built"covered porch attached to an existing single family dwelling,and to construct an accessory in-ground swimming pool;at;1)"as built"construction is located less than the code required minimum front yard setback of 40 feet;2)swimming pool is located in other than the code permitted rear yard; located at:295 Vista Place,Cutchogue,NY. SCTM No.1000-83-1-20. 1.00 A.M. JENNIFER WAGNER AND NICO SCHWEIZER/BREEZY SHORES COTTAGE#14#.8mRequest 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. 1.10 P.M.-SILVER SANDS HOLDINGS 1 LLC #7893SE-Request for a Special Exception pursuant to Article VII,Section 280-35(B)(6),applicant requests;(1)to convert an existing accessory boathouse to a freestanding restaurant with office and storage space,for restaurant operations; and(2)permission for an accessory seasonal outdoor barbeque/bar area;located at 1135 Silvermere Road,Southold,NY SCTM 1000-47-2-15.' 1.10 P.M.-SILVER SANDS HOLDINGS I LLC #7894-Request for a Variance from Article VII,Section 280-36;and the Building Inspector's January 10,2024 Notice of Disapproval based on an application for a permit to construct a free standing restaurant with office and storage space for restaurant operations;1)located less than the code required minimum side yard setback of 15 feet;located at:1135 Shore Drive/1135 Silvermere Road,Greenport,NY. SCTM No.1000-47-2-15. 1.10 P.M.-SILVER SANDS HOLDINGS I.LLC.#7914SE-Request for special exception pursuant to Article VII,Section 280-35B(6)and Article VII, Section 280-35C(1);applicant requests;1)to convert an existing single family dwelling(30'4"by 26'4")to a commercial kitchen to be utilized-in conjunction with converted restaurant on the same lot(Lot 15),and;2)upon conversion,said commercial kitchen will be accessory to the principle use of the converted restaurant;located at 1135 Silvermere Road,Southold,NY SCTM 1000-47-2-15. 1.10 P.M.-SILVER SANDS HOLDINGS I LLC.#7915-Request for a Variance from Article VII,Section 280-35C(1),based on an application for a permit to allow for an existing in-ground swimming,located on Lot 1000-47-2-15 to be utilized solely as an accessory use for motel and cottage overnight guest on Lots 1000-47-2-11,1000-47-2-12,1000-47-2-13,and 1000-47-2-14;located at:1135 Shore Drive/1135 Silvermere Road, Greenport,NY. SCTM No.1000-47-2-15. 1.20 P.M.-SILVER SANDS HOLDINGS I LLC#7897-Request for an Interpretation pursuant to Chapter 280-146(D)of the Town Code,and the Building Inspector's November 16,2023 Certificate of Occupancy based on alterations(diner and bar areas for motel guests only)to an existing motel building,to wit:1)whether the newly issued Certificate of Occupancy issued under Section 280-35C inappropriately limits the use of the diner and hotel bar areas to"motel guests only";and 2)whether the use allowed in original Certificate of Occupancy,No.142,dated May 28,1959 remains as a permitted use;parcel located at:1400 Silvermere Road(Adj.to Pipe's Cove)Greenport,NY.SCTM No.1000-47-2-11. The Board of Appeals will hear all persons or their representatives,desiring to be heard at each hearing,and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review on The Town's Weblink/Laserfiche under Zoning Board of Appeals(ZBA)\Board Actions\Pending. Click Link: http://24.38.28.228/WebLink/Browso.aspx?id=935072&dbid=0&repo=TownOfsoutho Id If you have questions,please telephone our office at(631)765-1809,or by email:kimf@southoldtownny.gov. Dated: April 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 1 _ 1 1fda22e9 —�. f@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times State of New York, County of,Suffolk County, 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: 04/25/2024 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 01 day of May 2024 a AL AL AL AL Digitally signed DOUGLASW7REA by douglas w rea Notary Public-StateDate: 2024.05.01 NO,OIRE63919:48:01 +00:00 Qualified in AlbaMy Commission Expire BOARD MEMBERS - ��OF SDUj�o Southold Town Hall Leslie Kanes Weisman, Chairperson 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. �,f. 54375 Main Road(at Youngs Avenue) Nicholas Planamento OWN$ 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, MAY 2, 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, MAY 2. 2024: 1:00 P.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 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.ast)x?dbid=0. If you have questions, please telephone our office at (631) 765-1809, or by email: kimf@southo/dtownny.gov. t :Dated: April 18, 2024 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 53096 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 N Town Hall Annex, 54375 NYS Route 25 ¢ o�j P.O. Box 1179 Southold, New York 11971-0959 .y Fax(631) 765-9064 �.f ZONING BOARD OF APPEALS DATE: April 1, 2024 RE: INSTRUCTIONS FOR PUBLIC HEARING Dear Applicant; The May 2, 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; a lease see'iristri ctio is re ixiredg°�to:.rere>are for the`ZBA,s ubiic;bear ri wtl'cli<Aii c des: PLE�!►SE READ."CA 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 April 25,2024.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 April 25, 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. MAILING INSTRUCTIONS: Please send by iU S-Certified lYIail` Return-.`Rec ie nt 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 _r Instructions for ZBA Public HearL;,,`\ Page 2 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 April 15,2024. 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 kim&southoldtownny.gov or elizabeth.sakarellosntown.southold.ny.us c. Instructions for Laserfiche/Weblink to view all pending applications. (Enclosed) Link to view pending applications: http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. d. Survey or Site Plan depicting"as-built" and proposed improvements requiring ZBA relief. The Town's Laserfiche/Weblink files provides both location addresses and mailing addresses in their current Assessment Roll listing. (See Link Below). Also,the Town Assessor's Office can be reached at 631-765-1937. Contact us via email or by phone if you need further assistance. TownOfSouthold>Assessors>Assessment Books/Tax Rolls> https:HsoutholdtowM.Gov/DocumentCenterNiew/9694/TentativeRo112023 IMhORWAIN.ZANST"RUPTY10'N�S:. �• �+47�i:�E"rr:,'?.' r'�r< ;r. ; ".4*�,•o-A'i�'Lbw7 s ,^� rx,�flv < Scan and email the h1iS'PS mailing receipts;,greensigna^ture'&ca.rds.W afBdavtitsFto kimLf southoldtownn►y,.BoA�, and ** PRO�M�PTtLI'I7tSPS MAIL** the ®RdI'.L'N,MS to the Tkown of Southold, ZBA;'P.O:Box117-9; S'off,For uthold,;NY' .11971: :s Please note that without your mailing receipts, the ZBA will be prevented from conducting your hearing,pursuant to Chapter SS of the Southold Town Code and New York State Law. Please note that you or your representative are required to attend. If you or your representative are not present, the hearing will be adjourned to the next available hearing date. Please be reminded that New York State Law requires the ZBA to follow the above specific policies. If for any reason,you are unable to prepare for your public hearing as instructed, please let us know. Kim E. Fuentes—Board Assistant Laserfiche Instructions for Zoning Board of Appeals Records SOUTHOLD overamen ><vicea isiritt w Do I. 04 a MWW�11, h { F, F! 4 A4 *4, j, .,- "'r' c Mx r'f �' ItC= '':2twvCode; rpnliae;:« ts`'Y 7hwctiiteeordsi Fu�nnt{ - ? ..✓ ° �.; R �-.J '•;" w. 'v�.z`'. ,Fs• ,�^,:,. G+wr:v. ^. ,.'�:s s'.,',.::.'.';jbllRUtts ;' ''�. •<.: ??r, Wli.,,':-44e5fq�kfiz^ca'�5,chc<'r.rFo, +t ufQtr;».7 �!A.m.tet!etcS _ >:,:''r- Y. �.r °w^^ ..r i'',y .,:.:;tr•.7 n.-:&radii i'`' e'�ii:...:.g�:.lw..:.3' •-14.:..-i-.::.r3m{i�aYintius..e...,-.:'".r...._ya.,..`..,.'"n.+,.•".:na.,:c%.w' Above: Homepage, Click on Link"Town Records"Weblink/Laserfiche Laserf the WebUnk 53 +rY' L. -e.P +rnw a•g—,: Herne M—e Sarch TmnofSoudtold TownMouthold came Page count TempUt.— - T_Clerk s Entry Properties '-1 Town'4,mrtan Path rustees T^wmOtSrl,:::Wtd Zoning Board cf npoeak(ZSAI . Creation date =.S cOta I::;2,1, :' page 2 of' .:r,P a � 29 Entries tart modified 2 Mewdald 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. �9 Laserfiche Instructions ZBA Files • Page 2 Laserflche Webt-link ;,y r;ML,•t -rp "c:at Sign a,t Home Browse Search ;ownUt�odr7lWn.Zoning Board of Appeals QBAJ Zoning Board of Appeals Name ... page count Tempfatetlame (ZBA) Alphabetical Index Board Acdom s Entry properties Laserficne Search Guides Path MCet'ng Schedules 'aArS; oUU:ofd'ZO:t.>7,L'rar 01 ApPeAS(ZBA) _Minutes/Agendas/Legal Notices/H"rings Creation date Perld,ng ;1 flepam5 Last modified Special Event Permits 5123:20171!:07:;a AM ' Tralnrng Requireme.'RS ZBA Officials R Metadata -;ZBA Poucles Exceptions List Code 280-10CM . IufisdiNon Useng , _ ZBA Backaf Mapped 1977 Existing Lots t89 ocedwe&Resuhf I 5 Agreements,Comrade 3 Leases cwNtm+IVJDeP,ymeer+Ilses2! `tj Buik Sthedu'x5 ;e Enones Page I of 1 Above: Listed are types of records under ZBA Folder. ZBA Decisions can be found under Board Actions. Click on "Board Actions"folder to open. Laserflche WebUnk +® vy;Jn'Ln�, r•.,. mwl x';n':,-t Hone Browse Search ;.•mC gnurrv�„-,;.:n.^s,yt'r:,al Ap,,jl,IL611 Board Actions Vame page-ount Template name Board Actions 1957-1979 Entry Propert— - 5980.1999 Path 2000 TJls1'C(50v:)UI�`Zc[.':$cart) 2001 Creation date .=20OZ 2003 Last modified - 2004 2005 Metadata '•2006 2007 20G8 2009 2010 8 Rauki rmJp•p:mex.oU•e3! 701� 2012 2013 2014 2015 _'.2016 2017 •^,Pending Above: Board Actions are listed by year. Click folder to open. All Special Exception applications that require Coordinated SEQRA Analysis are stored in "Pending". Laserfiehe instructions ZBA Files Page 3 2017 as 1—1 as-1-1 M17 la 1d—1 —.1 51 7= 11 rala sa —d--s Sib a a—I 53 s,ard anent 3 —d 1-1 Above: See listed File Numbers. Click on file you are searching. cashei 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 Home Browse Search oy. Relevance Retards Management 5e— 7016 i.A'd AM- 133 aaaeW ew name Page counc:83 Template name:Board Ac'zions D a, Cohn and Krinen Cash,[IROOER7(LOCATION:161_—.r Shingle�111 Zl.s.ler Reset ,D a 19.2017 47016. shel SqrNI No.1000-9-1-25 minimus aporoval cc read.. 13 y 19.2017 97 016.Cashel SC,M NO.I 0OG-9-26 GRANT.Me var-an—as e COLIN&KRIST-N CASH EL SECTION 009 BLOC D—"0 Thomas Ahlgren(CaShell PO BOX 342 R,rers siand.NY - Show more information 7018 A�Io' S-5 Page count:56 Template name:Board Actions 3 9:30 A.M.-COUN CASHEL AND V3.qanCeS under Article Id.Seccon ANN... TE q,1q-ame(s)<RISI N CkSHEL97016-Re-est pr000sed crelhs—ated 1 othal Old Show more n..rmat,o,I Above: Shows you files that can be found using a phrase, name or title. Or you can search by Tax Map No. District, Block and Lot) using the format 1000-111--l-1. Laserfiche Instructions ZBA Files Page 4 ! Laserfiche Weblink Home Browse Search 7aWof5oulrold Zoning Board of AoOealS tZBA1-Mmutes/Agendas/Legal Nolkesr-leanng5 Minutes/Agendas/Legal Name Page count Template name Notices/Hearings ;' 1957.1979 " 19&Y7999 A Entry Properties 20002OQ9 path n•1010 To•.vt+.OYafhOidsion�lL¢Boar•: MpeaSS 'mot'eat 1 �rBAi\MtnUtesl;�;endas'Legal 2012 f"r1iLC<•il arlrtg; Creation date „1 2013 '!'✓2701 2:.57:dDPkl ;_ii 2014 Last modified 20 15 12nara:l6r15:74 .^,2016 Mewdara Z017 A7o rnetadata ms:gned Page:of I 11 Eno Above: Also, Minutes,Agendas, and Hearing Transcripts can be viewed. 1 Laserfiche Web Link Mj'Nel)U- 1±in 1wr.,r Home Browse Search TOwnCKou[hrld Zoning Boardof Aopealsi:3Al+MlronrS:Agendasllegal vOrices•Hearng;>20t7 2017 vame Page colux Template name ZBA-01%052017 Entr!Properties r. ..'B,oV052017 egonda 1 Path ZBA-01;o5.2017.;eanng 40 '_ nmE 30ar 1 3 of°GO?.]IS _L3A01i05.^_a17:N ,_°AI\`.IIn UCCS�ASani.,+,S_';•j.0 J Z9A-01/t 9!2017 � `il>rces"Fie^ergs Ln-. , Z3A-01 1192017 Agenda - Creation date ; 11"y/r)1•j_','a.+r.1 y Z3A.02!O212017 Last modified Z3A.0 2102 201 7 Agenda a 1i u7C"n:5-4 z"I Z8A-D2102!20l7,4oarinF 45 Metadata Z3.A-02102:'2017_N 1 '' ZBA-0216/2017 Agenda \ Z3A-02/16/2017-ipeoal =etlureh Results Z3A-03102!2017 -!heiiWVPaP-smenrsUses2I _ZBA-03,'02!2017 Agenda 4 ZBA-0310212017-leanng 65 ZBA.03/02'2017_N 3 Z3A.03!16/2017 Agenda - ;•Z3A.03116^017 Special 3 ZBA-O41062017 5 Z3A.OM062d 17 Agenda -4 a,Z3A-OL,061201?-lean- 45 Above: Agendas, Minutes and Transcripts are in chronological order. i�l TI �. _� ter' Cam ' %�'�1�! �� ;I �i�l0 � The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold The application will ALSO be available VIA ZOOM WEBINAR - Follow link - httpm.//Southoldtownny.g,ovlcalendar.aspx NAM E WAGNER, JENNIFER ( BREEZY SHORES COTT . # 14) #7850 esCTM # : 10 00-53-5- 1 2 : 6 ' 'ARIANCE: INCREASE- IN NON-CONFORMITY REQUEST: ADDITIONS ALTERATIONS TO EXISTING SEASONAL COTTAGE SAT E THURS. , MAY29 2024 1 :00 PM You may review the file(s) on the town's website under Town Records/Weblink: �BA/ Board Actions/ Pending. ZBA Office telephone (631 ) 765-1809 BOARD MEMBERS �F SOU Southold Town Hall Leslie Kanes Weisman, Chairperson �� �iy� 53095 Main Road•P.O. Box 1179 Patricia Acampora �� !Q Southold,NY 11971-0959 Eric Dantestc Office Location: Robert Lehnert,Jr. N ,r Town Annex/First Floor Nicholas Planamento fly �� 54375 Main Road(at Youngs Avenue) COUNT`(, 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: 10:20 A.M.-JENNIFER WAGNER AND NICO SCHWEIZERIBREEZY 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 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/webI!nk/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) 53096 0-Min Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 �® Pj Town Hall Annex, 54375 NYS Route 25 P.O.Box 1179 O - ti }% Southold,New York 11971-0959 r?9 N ,fi ® Fax(631) 765-9064 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;please see instruc0""is":requ red-to preparet�fo� r they ZBA apublic hearing Lwhich includes: Y • T'x's ' 't ' '' �w .°ci aa��..��==''£r..,++,r�,�:�L?;: !t,,,r: pAp^"9, PL 'E READ C;AREaR 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. Instructions for ZBA Public Hearing - Page 2 MAILING INSTRUCTIONS: Please send by LISPS Certified Mail, Return' Receipt 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@southoldtomgu.gov or elizabeth.sakarellos@,town.southold.Liy.us c. Instructions for Laserfiche/Weblink to view all pending applications. (Enclosed) Link to view pending applications: http•//24 38 28.228:2040/weblink/Browse.aspx?dbid=0. d. Surveyor 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-Ro11-2023?bidId= IMYORTANTIINSTRUC.T�IpO'NS: .0 M';�', - F . .... . a�lin "rece is reeril°si``nature cards°and:affidavits:to Scan. and�emad the USPS:,m g, �-., p ,,�.g.p. g R �.,. z fix.. a kimf(a7southoldtownnyt. v_ wandf, P,�ROMPTLY�USP a �" ' a ,,`*++ � S:�MA'IeL.:��:rtlie�ORIG-IN"ALS'�ta. ' ^.r ?'`�^". ��'#'�':-� w.h�-...s. ;x;sy.�:>: ea.'.r.,,,f the£Town"ofSouthold ZByA;�P.O.xkBoxal"179; Soutlzold 'NY, :11971: Please note that without your mailing receipts, the ZBA will be prevented from conducting your hearing,pursuant to Chapter SS of the Southold Town Code and New York State Law. Please note that you or your representative are required to attend. If you or your representative are not present, the hearing will be adjourned to the next available hearing date. Please be reminded that New York State Law requires the ZBA to follow the above specific policies. If for any reason, you are unable to prepare for your public hearing as instructed, please let us know. Kim E.Fuentes—Board Assistant NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold The application will ALSO be available VIA ZOOM WEBINAR - Follow link - httpm.//southoldtownny.gov/calendar.aspx NAME WAGNER, JENNIFER ( BREEZY SHORES COTT # 14) SCTM # : 1 000-53-5- 1 2w6 ' IARIANCE: INCREASE IN NON-CONFORMITY _ REQUEST: ADDITIONS. TO EXISTING SEASONAL COTTAGE `ATE THURS . FEB. 1 , 2024 10:20 AM You may review the file(s) on the town's website under Town Records/Weblink: ZBA/ Board Actions/ Pending. ZBA Office telephone (631 ) 765-1809 BOARD MEMBERS OF SOU Southold Town Hall Leslie Kanes Weisman, Chairperson O�� Ty�l 53095 Main Road•P.O. Box 1179 Patricia Acampora O Southold,NY 11971-0959 Eric Dantes Office Location: Robert Lehnert,Jr. Town Annex/First Floor Nicholas Planamento fly ^��Q 54375 Main Road(at Youngs Avenue) 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, DECEMBER 7, 2023 at 10:00 AM PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53096 Main Road, Southold, New York 11971-0959, on THURSDAY, DECEMBER 7, 2023: 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 The Board of Appeals will hear all persons or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review on The Town's Weblink/Laserfiche under Zoning Board of Appeals (ZBA)\Board Actions\Pending. Link: http://24.38.28.228:2040/webiink/Browse.aspx?dbid=0. If you have questions, please telephone our office at (631) 765-1809, or by email: kimf@southoldtownny.gov. Dated: November 16, 2023 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 63095 0-Min Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 ' �✓ Town Hall Annex, 54375 NYS Route 25 P.O.Box 1179 ' Southold, New York 11971-0959 Fax(631) 765-9064 ZONING BOARD OF APPEALS DATE:November 6, 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&m Webinar, as well. Therefore, the December 7, 2023 Zoning Board of Appeals Regular Meeting will be held BOTH in person in the Town Hall Meeting Room at 53095 Main Road, Southold AND via video conferencing (Zoom Webinar), and a transcript will be provided at a later,date. The public will have an opportunity to see and hear the meeting live, and make comments. Below, please see instructions required to prepare for the ZBA public hearing which includes: PLEASE READ CAREFULLY. 1. Yellow sign to post on your property a minimum of seven(7) days prior to your hearing,to be placed 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 November 29, 2023. To avoid weather damage to your sign please affix it to a sturdy surface such as plywood. If your sign is damaged please call the office and we will provide you with another one. Prior to your public hearing, members of the Board of Appeals will each conduct a personal inspection of your property.If a Board member reports that there is no signage visibly on display as required by law,your scheduled hearing will be adjourned to a later date to ensure compliance with Chapter 55-1 (B) 1 of.the Town Code. 2. SC Tax Map with property numbers. 3. Legal Notice of in person meeting;as well as video conferencing. Instructions for participation will follow, and will be posted on the Town's Website under the meeting date, and the Legal Notice section of Suffolk Times Newspaper. 4. Affidavits of Mailings and Posting to be completed by you, notarized, and returned to our office along with the mailing receipts and green cards by November 20, 2023, verifying that you have properly mailed and posted. Please attach a photograph of the posting on your property with your affidavit of posting. 5. Instructions for Laserfiche/Weblink to view application. Instructions for ZBA Public Hearing Page 2 MAILING INSTRUCTIONS: Please send by LISPS Certified Mail, Return Receipt 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 November 29,2023. a. Legal Notice informing interested parties of meeting being conducted IN PERSON and via video conferencing. (Enclosed) A WEBLINK to the meeting will be provided on the Town's Website under the date of the meeting. b. Your Cover Letter which should include your contact information, date and time of hearing, procedures for submitting written comment via email or USPS to our office. Recipients should be able to contact you for additional information. Furthermore, if recipients need to contact the ZBA staff,they may telephone 631-765-1809 or email us at kimf@southoldtownny.gov or elizabeth.sakarellosatown.southold.ny.us c. Instructions for Laserfiche/Weblink to view all pending applications. (Enclosed) Link to view pending applications: http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. d. Survey or Site Plan depicting"as-built" and proposed improvements requiring ZBA relief. The Town's Laserfiche/Weblink files provides both location addresses and mailing addresses in their current Assessment Roll listing. (See Link Below). Also,the Town Assessor's Office can be reached at 631-765-1937. Contact us via email or by phone if you need further assistance. TownOfSouthold>Assessors>Assessment Books/Tax Rolls> https:Hsoutholdtownny.gov/DocumentCenter/V iew/9694/TentativeRo112023 IMPORTANT INSTRUCTIONS: Scan and email the LISPS mailing receipts,-green signature cards and affidavits to kimf6D,southoldt6wnny.gov,and ** PROMPTLY USPS MAIL** the ORIGINALS to [the Town of Southold, ZBA,P.O. Bog 1179, Southold,NY 11971., Please note that without your mailing receipts, the ZBA will be prevented from conducting your hearing,pursuant to Chapter SS of the Southold Town Code and New York State Law. Please note that you or your representative are required to attend. If you or your representative are not present, the hearing will be adjourned to the next available hearing date. Please be reminded that New York State Law requires the ZBA to follow the above specific policies. If for any reason, you are unable to prepare for your public hearing as instructed, please let us know. Kim E. Fuentes—Board Assistant Uim HtARl ��l The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold The application will ALSO be available VIA ZOOM WEBIRIAR - Follow ink - httpNN//Sout-hoIdtown-ny.gov/caIendar.aspx NAM E WAGNER, J-- ENNIFER ( BREEZY SHORES COTT . # 14) 410 !50 SCTM # : 1 000-53-5- 1 2E6 ' i'ARIANCE: INCREASE IN NON-CONFORMITY REQUEST: ADDITIONS & ALTERATIONS TO EXISTING SEASONAL COTTAGE U;AT E THURS. , DEC. 7 , 2023 10:20 A. M . You may review the file(s) on the town's website under Town Records/Weblink: ZBA/ Board Actions/ Pending. ZBA Office telephone (631 ) 765-1809 BOARD MEMBERS ®� S0U Southold Town Hall Leslie Kanes Weisman, Chairperson �� �e�® 53095 Main Road• P.O. Box 1179 Patricia Acampora I® Southold,NY 11971-0959 Eric Dantests Office Location: Robert Lehnert,Jr. Town Annex/First Floor Nicholas Planamento �. 54375 Main Road(at Youngs Avenue) ® � O®UNNI . , Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 September 26, 2023 RECEIVED Mark Terry, Assistant Town Planning Director LWRP Coordinator SEP 2 7 2023 Planning Board Office Southold Town Town of Southold Planning Board Town Hall Annex Southold,NY 11971 Re: ZBA File Ref. No. #7850—Wagner/Schweizer—Breezy Shores #14 Dear Mark: We have received an application to construct alterations to an existing seasonal cottage. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-51) is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairperson By: ��� � C.t�l �� Encl. Site Plan/Survey: Frank Uellendahl, Architect, dated March 7, 2023 Public Hearing Date:December 7, 2023 } BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson O��QF $DU�yOI 53095 Main Road•P.O.Box 1179 Patricia Acampora h O Southold,NY 11971-0959 Eric Dantes [ J Office Location: Robert Lehnert,Jr. v+ ,c Town Annex/First Floor Nicholas Planamento �Q 54375 Main Road(at Youngs Avenue) lif'COU Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS September 26, 2023 TOWN OF SOUTHOLD Ms. Sarah Lansdale, Director Tel. (631) 765-1809 Suffolk County Department of Planning- P.O. Box 6100 IZ� 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 #: 7850 Owner/Applicant: Wagner/Schweizer— Breezy Shores #14 Action Requested: construct alterations to an existing seasonal cottage Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land (X) Boundary of Agricultural District ( ) Boundary of any Village or Town Within one (1) mile (5,280 feet) of: ( ) Boundary of any airport If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA Chairperson By: Encls. Site Plan/Survey: Frank Uellendahl, Architect, dated March 7, 2023 SUFFOI,y ` TOWN OF SOUTHOLD —BUILDING DEPARTMENT y Town Hall Annex 54375 Main Road P. O. Box 1179 Southold,NY 11971-0959 Telephone (631) 765-1802 Fax (631) 765-9502 https://www.soutlioldtownny.gov Date Received APPLICATION FOR DUI J 0.Wt For Office Use Only IL IUD I� IV' I� PERMIT NO. Building Inspector: f I MAR U h 207 ,ID Applications and forms must be filled out in their entirety.Incomplete uUEL 3€•n9(, iEEI: applications will not be accepted. Where the Applicant is not the owner,an i Wm®FRY3€ETt+n1_D Owner's Authorization form(Page 2)"shall,be completed. Date: MARCH 8, 2023 OWNER(S).OF PROPERTY: Name: JENNIFER WAGNER& NICO SCHWEIZER SCTM#1000- 53 - 05 - 12.6 Project Address: 65490 MAIN ROAD, GREENPORT, NY 11944 (BREEZY SHORES COTTAGE #14) Phone#: (718) 614 7380 Email: Wagner.jennifer@gmail.com Mailing Address: 11 LEWIS LANE, GARRISON, NY 10524 CONTACT PERSON: Name: FRANK W UELLENDAHL Mailing Address: POB 316, GREENPORT, NY 11944 Phone#: (631) 680 0041 Email: frank.uellendahl@gmail.com DESIGN PROFESSIONAL INFORMATION: Name: SEE CONTACT PERSON Mailing Address: Phone#: Email: CONTRACTOR INFORMATION: Name: JOEL DALY CONTRACTING Mailing Address: POB 343, SOUTHOLD, NY 11971 Phone#: (631) 765 1223 Email: joeldalyhi@optonline.net DESCRIPTION OF PROPOSED CONSTRUCTION ❑New Structure ❑Addition ®Alteration ❑Repair ❑Demolition Estimated Cost of Project: DOther RECONSTRUCTION OF THE EXISTING ENCLOSED PORCH $ 85 K Will the lot be re-graded? ❑Yes WNo Will excess fill be removed from premises? DYes ONO � 1 . �PROPERTYIIVFORMV %TION Existing use of property: RESIDENTIAL DWELLING Intended use of property: RESIDENTIAL DWELLING Zone or use district in which premises is situated: Are there any covenants and restrictions with respect to R_80 this property? ❑Yes ®No IF YES, PROVIDE A COPY. ® I«heck Box A#'ter Reading: The owner/eontractdr/design professional irresponsible for ell drainage-and storm water issues,as•provide'd by C64044,296 of'&Town Code..APPLICATION;lS,HEREBY MADEto 4he BuiiaQ'Oeparhnent-for'ttie issuance of-aBuiiding hrmit pursuant to'4he 64ilding Zone Ordinance of the Town=of Sout1►old,Suffolk;County+; lie Yolk and other applicableiaws;Oidinances or-,Regulations,foTthe construction of buildings, -additions,alterations or for'rembval.or de"molitipri as herein described.?The applicant agrees to'comply with'ali applicable laws;ordinances,building code, housing'code an_d regulations and to admit auth6-rited_inspectors'on preinkes and'i"Wilding(s)for neceisary inspections,False stater_ents made f�erein are `punishable as a class A Misdehieano :pursuaht to SOtt 6n-210.45 of the New York State penal law. Application Submitted ByJoe ; FRANK W UELLENDAHL BAuthorized Agent ❑Owner Signature of Applicant: CONNIE D.BUNCH Date: 3/�1�� Notary Public,State of New York ! STATE OF NEW YORK) No. 01BU6185050 Qualified in Suffolk County SS:COUNTYOF_SUFFOLK Commission Expires April 14,2 bO� ) FRANK W UELLENDAHL RA being duly sworn, deposes and says that(s)he is the applicant (Name of individual signing contract)above named, (S)heisthe ARCHITECT (Contractor,Agent, Corporate Officer,etc.) of said owner or owners,and is duly authorized to perform or have performed the said work and to make and file this application;that all statements contained in this application are true to the best of his/her knowledge and belief; and that the work will be performed in the manner set forth in the application file therewith. Sworn before me this (D day of L�[�j 2093 0,b�x al Notary Public ,PROPERTY OWNER AUTHORIZATION (Where the applicant is not the owner) JENNIFER WAGNER AND NICO SCHWEIZER 11 LEWIS LN, GARRISON, NY 10524 I, residing at do hereby authorize FRANK W UELLENDAHL to apply on my behalf to the Town of Southold Building Department for approval as described herein. March 5,2023 Owner's Signature Date Jennifer Wagner Nico Schweizer Print Owner's Name 2 o + i PROPOSED D W ADDITION oW C-10 La iC_5 f W U ' Q) NC- 14 i 100, WFLAND SETBACK DWELLING GREENPORT, NY i 14 BREEZY SHORES r W Z � U EXT G ENCLOSED PORCH o ARCHITECT TO BE RECONSTRUCTED -9 �, a FRANK UELLENDAHL 123 CENTRAL AVENUE o P.0.80X 316 U GREENPORT, NY 11944 3 TEL 631-477 8624 m __j F m o \ m " J OWNERS ^ __ W FE 8'x2'�DRYWELL I m0 DOMINIJENNIFER WAGNER = Z NICI �MZAHL MARK SMfIH TEL:- 718-614-7380 C-14 C-g 0 C-14 IS ONE OF THREE COTTAGES THAT WERE mc GIVEN DWELLING STATUS ALL WORK MATERIAL AND EQUIPMENT SHALL BE IN r W o ACCORDANCE WITH THE 2018 INTERNAT'L BUILDING J W CODE (IBC) AND THE 2018 INTERNATIONAL ENERGY �ZW CONSERVATION CODE (IECC) AND THE 2020 NYS �E�= RESIDENTIAL CODE ZZZZZy ZZZ z ® SUNROOM RECONSTRUCTION ^� ®�^ EXISTING STRUCTURES C-7 p RUN-OFF CALCULATION: 1 �� C-31 FOR 29 OF RAN TO BE CONTAINED ON SITE , Z COTTAGE 475 SF.100% run-off coefficient= O 79.2 Cult. v__ PROPOSED 8'x2' deep DRYWELL 84.5 Cu.Ft. WITH GUM LEADERS FOR ROOF RUN-OFF Z f 9 O o 0 ' DATE: 03/07/2023 O SCALE 1/16' =1'-0' a SCALE N.T.S. PROPOSED SffE PLAN r p �_o SITE PLAN SCTM# = 1000-53-05-12.6 �� TOWN OF SOUTHOLD o = DWG. NAME SUFFOLK COUNTY, NEW YORK Zo� o z- A-1 B ILDING PERMIT APPLICATION � o DWG. NO _Z9� �U 1 0 =© PROPOSED ADDITION DESIGN° CRITERIA: Ld 0 OUTDOOR OUTDOOR GROUND SNOW LOAD - 45 PSF. W SHOWER SHOWER LIVING AREAS AND DECKS - 40 PSF. SLEEPING AREA - 30 PSF. WIND SPEED - 130 MPH o iY SHED SHED SEISMIC DESIGN CATEGORY - B WEATHERING - SEVERE ' N Cm 1 4 FROST LINE DEPTH - 36" MODERATE DECAY - SLIGHT W DWELLING = ICE SHIELD UNDERLAYMENT REQUIRED - YES DESIGN IN ACCORDANCE WITH AMERICAN FOREST GREENPORT, NY PRODUCTS WOOD FRAME CONSTRUCTION MANUAL 14 BREEZY SHORES _=_ = 00 00 FOR 1&2- FAMILY HOUSE - PRESCRIPTIVE DESIGN METHOD U O O N - 00 = WINDBORNE ARCHITECT BEDROOM 1 KITCHEN BEDROOM 1 KITCHEN DEBRIS PROTECTION SCHEDULE w cD FRANK UELLENDAHL PRECUT WOOD STRUCTURAL PANELS WITH A THICKNESS 123 CENTRAL AVENUE OF MIN 7/16 INCH ARE TO BE PROVIDED TO COVER o P.O.BOX 316 THE GLAZED OPENINGS OF THE PROJECT: S GREENPORT, NY 11944 FASTENER TYPE: 1/4" LAG SCREW BASED ANCHOR WITH cm TEL 631-477 8624 2-INCH EMBEDMENT LENGTH, SCREW SPACING: 16 INCHES,ze- o WINDOW SCHEDULE W OWNERS _ PROPOSED WINDOWS ARE ANDERSEN PRODUCTS 400 SERIES. a JENNIFER WAGNER O GLASS TO BE HIGH PERFORMANCE LOW GLASS NICO SCHWEIZER J DOMINIE MAHL SCREENS TO BE PROVIDED FOR ALL WINDOWS AND DOORS MARK SMITH HARDWARE - METRO COLLECTION: ANVERS, SATIN NICKEL FINISH TEL 718-614-7380 o INTERIOR FINISH: WHITE, PRE-FINISHED EXTERIOR COLOR: WHITE _ - LIVING ROOM LIVING ROOM Mark size Description Quantity A WDH2442 DODUBLE-HUNG WINDOW 8 ARawL PACE CLG.HGT.: 7'-3" B WDH3842 DODUBLE-HUNG WINDOW . D A 0, N C CW13 CASEMENT U �Z ENTRY FOYER ENTRY FOYER D 3o"x8o" PERMA-TRU DOOR - S2200 (TBD) / $ y ' .� 2 2x8 HEADER ;:' VENT TO MECH AREA _.... .._...._.. W 8 WDH3842 _ - = D3 42 ' Ladder to Loft I I O` CD I I F4. cl- - 166 SF SUNROOM � - I i I g N 2x8 F.J. 0 12" O.C. I BEDROOM 2 SUNROOM BEDROOM 2 CATHEDRAL CEILING W/ BRIDGING I o I 2" RAT SLAB N _ _ ? co U , O S p O n C LVL HEADER , DH2442 WDH2442 ------------------- o2 DATE: 03/07/2023 14'-4" 12'-1" 14'-4" o A SCALE: 3/16" = V-0" 2s'-5" 2s'-5" 14'-4" =o EXT'G & PROP'D FLOOR PLANS Y FOUNDATION PLAN EXISTING FLOOR PLAN PROPOSED FLOOR PLAN FOUNDATION PLAN DWG. NAME o� A-2 o DWG. NO PROPOSED W ADDITION FRI W W _ CC U �W m U W ®C- 14 N w DWELLING iLJL 17 11 111111 if 1 11 HIT wlfth-r, GREENPORT, NY 14 BREEZY SHORES Em � ARCHITECT I I I H fill 11 fill 11 111111 111 fill IIIIII [fill IIIIIIIIIIII ■ 1:1 Ell El �u CDFRANK UELLEN NNE Z 123 CENTRAL AVENUE ❑❑ IIII IL 5 GREENPORT, NY 11944 ❑❑ m TEL 631-477 8624 W liqu 11111111 OWNERS JENNIFER WAGNER NICO SCHWEIZER EXISTING NORTH ELEVATION EXISTING SOUTH ELEVATION -AiDOMARK SMIIHL W TEL: 718-614-7380 Y UEL� y z -� 021 o FM a i CW13 E5 9 IT 5 z i S o0 iIT 11 111111 11 IT 11 111 1 IT Ii I 111 11 IT 11 1 1 1 TII If IT I i 11 IT 11 111111 11 IT 11 IT 11 1 11III IIIIII U 11 11 IT 11 11 IT 11 11 44� ----- N W N ■ ■ ■ ❑ ❑ ❑ ■ O O _ DATE: 03/07/2023 SCALE: 3/16" = 1'-0" Jill 0 EXT'G & PROP'D --------------- F 111 II II =Z ------ 3 ELEVATIONS �W o M. NAME PROPOSED SIDE ELEVATION PROPOSED SOUTH ELEVATION A_3 a o M. NO o� U PROPOSED 1 1/4" WIDE - 20 GAGE m ADDITION METAL STRAP @ 16" O.C. w/ 5-8d NAILS o W WRAP + NAIL STRAP w/ 4-4d NAILS W AROUND SILL PLATE AT ANCHOR BOLT J � M o a T/0 GRADE = ®�� (2) #4 REBARS RIDGE BEAM RIDG14 E ° Q DWELLING RIDGE STRAPS EACH RAFTER PAIR W 10. 2x4 COLLAR TIE EACH RAFTER PAIR 5/8" X 12" A.B. @ 48" OC. PE w/ 3"0"0/16" FENDER WASHER. a o GREENPORT, NY ASPHALT SHINGLES TO MATCH EXT'G (max. 12" from end of sill plates) .< :, R! 14 BREEZY SHORES 2x6 R.R. @ 16" O.C. 8" P.C. FOUNDATION Mi w/ R-23 STONE WOOL INSULATION w/ 1'-4" X 8" CONT. FTG. a ARCHITECT 1x6 HORIZONTAL WOOD PLANKS — — (3) #4 REBARS o FRANK UELLENDAHL a• •.a:` a CD123 CENTRAL AVENUE P.O.BOX 316 a� ° 9 GREENPORT, NY 11944 FOUNDATION DETAIL m TEL 631-477 8624 ATTIC FOUNDATION NOTES W OWNERS JENNIFER WAGNER L — — J STORAGE LOFT STRENGTH = 3000 PSI AT 28 DAY ASTM Nlco scHwozER C-94 READY MIX CONCRETE. DOMINIE MAHL ig MARK SMITH ATTIC ALL FOOTINGS, FOUNDATIONS, ETC SHALL 2x6 COLLAR TIE REST ON UNDISTURBED SOIL. a TEL: 718-614-7380 @ BOTH END WALLS ALL FOOTINGS AND FOUNDATIONS SHALL BE 3 (2) 1.75"x7.25" CONT. HEADER FORMED. ROOF CONSTRUCTION a 6 30 YR ARCH'L GRADE ROOF SHINGLE zo 11 ` 'A. o ON 15 LBS BIT. FELT c�9 IN 13OMPH REGION: 6 NAILS PER SHINGLE REQU D FOLLOW MANUFACTORER'S GUIDELINES FOR INSTALLATION 0 1 SHINGLES TO MATCH EXISTING ROOF = 1 o WDH3842 WDH3842 5/8" CDX PLYWOOD SHEATHING BEDROOM 2 0 2x6 ROOF RAFTERS @ 16" O.C. w/ R-23 ROXUL INSULATION 3/4" T&G 1x6 WOOD PANELS ROOF OVERHANG AND TRIM TO MATCH DWELLING C_�D ROOF RUN-OFF TO ALUMINUM GUTTER AND z WOOD PLANKS TO MATCH EXT'G LEADERS CONNECTED TO DRYWELL 2x8 F.J. @ 12" O.C. w/ R-23 INSULATION ' WALL CONSTRUCTION o SHALLOW CRAWL SPACE ' ' ,' 1x6 T&G HORIZONTAL WOOD PLANKS � o 2x4 STUD WALL @ 16" O.C. 2" RAT SLAB o R-15 STONE WOOL INSULATION 5/8" CDX PLYWOOD SHEATHING DATE: 03/07/2023 WATERPROOFING MEMBRANE: BLUESKIN VP100 BY HENRY SCALE: 3/8"= 1'-0" RED CEDAR SHINGLES TO MATCH DWELLING o ALL EXTERIOR TRIM TO MATCH EXISTING z 3 CROSS SECTION Y CRAWL SPACE DWG. NAME O to SCALE: 3/8" = 1'-0" A-`I• DWG. NO o� U BOARD MEMBERS ��tF $®�/r�® Southold Town Hall Leslie Kanes Weisman, Chairperson 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 ycou Southold,NY 11971 http://southoldtowiiny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 May 21, 2024 Jennifer Wagner 11 Lewis Lane Garrison,NY 10524 RE: ZBA Appeal #7850, Wagner Breezy Shores Cottage 14, Greenport SCTM No. 1000-53-5-12.6 Dear Ms. Wagner; Transmitted for your records are copies of the Board's May 16,2024 Findings, Deliberations and Determination,the originals 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. 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. Sincere , Kim E. Fuentes Board Assistant Encl. cc: Building Department I I Revisions - , 7,,� r ,T / •_�. - '( I!' rr; .',.--a..;-r,,r'nr,-.-:, rT „-vy..5...,E;�;T•,�ssaa•. # �Ozy Shores Comm Inc. SEE SEC.NO.045 ! / 11_12-98MATCH LI�J�ii -� .` _ -. / / /' - f g: 4. oa-1a s7 ,• -Z- Wagner/Schweizer#14 03-16-00 _ ., .. - J 'l0 'J J, �" . •y: •+ - 'f / /' r - _ ;✓ v'F D4-12-01 - ,xxo sexes _ /1 O•. ,� .B �` �'•• - i f SEE,SEC,NO.045 / /' /" _ �f` 4000-53.-5-12.6 08-13-01 _ •. --/ / - ;IF • ;" - - .T-mac.- _ -a-:i;' _�7ailings to: ; 10-22-01 w it �•��\.` ys.`• r�MATCH- // LINE-' _ -` - * r •ew^i 04-10-02 ... �7.-2-37.5(water) 52.-5-59.5 OB-30-02 - ✓, 1.8'�� '�"f r R 1.7A(c) i�..^`�, FOR PCL,NO.T ' h %� per•?lJ., %, ; % •Jr ` SEE SEC.NO. -gwif 53.5 9 53.5 10 10-21-0z « % / 045-05-004' :' O %. F y: :"`:"`: 53.-5-11.2 53.-5-12.8 ,,' >\ \ r,�',.C� I TOWN OF % - S,.' /_ O. .: .i ,f' °.nt4 R__, Ot-13-03 - ( i 10-07-03 - 3 �' !' .� SOUTHOLD/'a, _ _, // lv 1".7 ti m i/- FOR PARCEL NO. - oszz-0s z6.7A SO�,`�.z� r'a j4, a r%%/ ( % ::• 53.-2-29.1 LIRR 53.-2 28 m �] SEE sEC.NO. 53.-5 12.6(Assn) 53.-6-46.8 05-26-06 '`s.!,!j z8A(c) f' a %" / I ;J' oas-os-ooz3 Q,�t - °'� %`• - 53.-6-46.7 53.-4-44.40 01-03-07 +' COUNTY, ��Ix y� 704A / (� 7 -` ." 53.-4-44.35 53.-4-44.11 01 02-01-08 _ TOWN,bF SOUTHOLD j 1.4 �! / /m % @„ i o�f - '-'sr .' 53.-4-44.10 53.-4-44.9 07-17-08 - - `\ r °' ,%' TOWN OF SOUTHOLD •`� x 09-25-08 - ! 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E.u..co,LaN+ 1z 300Crn1-DrA,_% he,,gAY11901 W DISTRIBUTIONOFMT1'PORTIONOFhIE M +� +� 13s, TOWN OF 053 ,' SUFFOLK COUNTY TAX MAP IS PROHETIED A D _-s- - _-ww- _ (21) �mwm,un Fa �$s w WITHOUT WRITTEN PEWSSON OF THE P 1ma - / sEWER WASTEWATER wo +oo s aw ----- Feet S REAL PROPERTY TAX SERVICE AGENCY o:a 0 VN.AGE OF