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Home My WebLink About1000-53.-5-12.6 ® $®��®� MAILING ADDRESS: OFFICE LOCATION: Town Hall Annex P.O. Box 1179 54375 State Route 25fi t Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) GOTelephone: 631 765-1938 Southold, NY 11971 ® �® - LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, AICP Assistant Town Planning Director LWRP Coordinator 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 BOARD MEMBERS if Met Southold Town Hall Leslie Kanes Weisman, Chairperson O�� l 53095 Main Road•P.O. Box 1179 Patricia Acampora p Southold,NY 11971-0959 Eric Dantesc Office Location: Robert Lehnert,Jr. y �r Town Annex/First Floor Nicholas Planamento �` �Q 54375 Main Road(at Youngs Avenue) �IiYCOU�� 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 SEP 2 7 2023 LWRP Coordinator 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: -.-,--� Encl. Site Plan/Survey: Frank Uellendahl, Architect, dated March 7, 2023 Public Hearing Date:December 7, 2023 i FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. 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#14) 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 use_" O� 21d JZ40,4 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. F.ee:.$.:.. Filed By_ Assignment .. 7Cy�I�T.T�.1Cl �•S &�T �:�`?.T+�`�I�T Q Pj-D.OF APPEALS ...:..., AREA'VARIAN, E- l®imse.Nok( 10 Stio /Y.l f IV R01•9 Hainlet /2 S Lof.Size.��•`�'aC.. iinel, �C'I`1Vd�.®4DQB Sectgaamt :lEflflocfls:.� �;ot(s) .... :•:.::.:. .. :..• I:(W-1 )AI°FE. � �'IN T`TEN-DETERMINATION Oil'THE BIDING INSPECTOR :DATED.. TxAS�y➢�DN.SITR��lSI7[`E.P�A1V.ffDL�TI+lID. �. �'--�.. �6h[aaling.Ad dress: �-N� R I ON _ Telephone:(5..W1 13PEax: 146t&An;ai6d,jtigh torte e•aist+%please complete be16W Wapplicatio' is signed by,applicant's:attorrtey,agent, architect,titlilder,contract.vendee,etc.and name of person.w8ip agent represents: N4me'pf Representative;hrAVI�IfF'Lle aA>1� ior. miner-.()Other:. Address, to Tel'Thoate: 177 02-71ax:. Email,1'��i'+•Sl•.U�6��G1, '�•.q 11.•C� Please rhec(c:to:specify who you wlslr:correspondence'to:be matled to;fro►n ffie above nadnes. { .)Ap,pfli can t/®w.eier{ ), (. ). ta$hm Lei.Represeiadatty { ):Other Naxiio/Address beflo�w; 'WHEREBY THE jU G INSff'ECTOIt 12EYIEW-E.D:SUIZVEX/SITMAN` :DATEID.... .., .G? �... ......and I�3ENIETD AN APPLICATION DATEID: .02 3 FOR: � EuifliI �tg Permnt. Cet.tiew-ite of. Oeouvancy { )Pre-Certificate of Occupancy ...#nge mf Use .(,)'Permit for As-Built Coustruction. { )Other- .H'4D isioI:of tfl&1~ Rpin Qidin'anc6,Aoppe jj d:. (indicate Aeticie,_$ection,:Subsection of Zoning, ®rdinarice b aurnbers.Do not.quote ttie code.): Articlea:. 0� SeC*60n* :_ �D " �p" SaiflDseetiob. . Type:of Appeal: An Appeafl is:made fai 0A yaeannce:t)the:ZoWng:Code oar lining Map. { ).:A Variance dare to-lack of access re4uiri d by NeW Y6rk Town Lpw-Section.180--A.. {:).fl ® c, 4rtfleie Setaq�a .{:)�evereal©a�f�tlee�.. �: •.. .: .:..:.;. ...... . . ... .. .. .. ...... .. praa�ir appeal: leas, .{ :)9aas not flaeade: ta�i : aiest4a resee .fo:ihi ::� te ; UNDER Appealbe sure to i esekrch before completin •fhts'gueSt'' pr ca11 our of ce far assistance}. Name of owndr:: SBA File:#' Name of Owners: JENNIFER WAGNER AND NIOO SCHWEIZER REASONS FOR APPEAL 1)An undesirable change will not be produced in the CHARACTER-of the neighborhood 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 are 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)lies,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 convicarrning this land? (X) 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, I certify all informationis true and correct to the best of my knowledge. Sworn to before day of V U 2023 tYl1Jti`�° Signature of Authorized Agent Z\ CONNIE D.BUNCH Notary Public,State of New York Notary Public No.01BU6185050 Qualified in Suffolk County Commission Expires April 14,2�L/ APIPILIiC.A,NT..98.IeROJECT DES.CRIP'TIM '(For.ZBA Deference) .� iicaut; �i pp .-...:... Date Piepared:. . I.l o Jd a 1i.04p,li pqq 6 Ejdstlug.B#4dWg Areas Pleas describe are being repo ed:. ,... II. 11ew Coansta tic&n Aires: ew)tDwe as or New' itloins xienswlu): `` I�ixiiensans®f:first'#loor.etension. 4 •: f I}imensmris of:�ew:second:floair:. .... . .. ... Dianensions of:floniaboveaeccind'ievei; :.... :..... .:.'.::. . l6le1ght.(from finished ground to lop ofridge) ....:.. : ..... . Is basertientiflr:lowvest floor.area:being constructed`? If.yes,plea . rovide Height(abope gronind) measured.from natural:existing grade to first,floor: . M. Proposed.Coins&ttc06n Descripitiona:(Altera:ti®ns or Structural.Ciraanges) (attach extra.sheet if neoessai0- Please describe.building areas: Nuriiber'of>+loors and Geneial l'iiaracferisiics BEF(OPE Alterations; . . 67V) TOW Nurnbef of:Floois and Ghiaiiges UVTI`x,Alterat oiis: . : ... N: CaHcuRateoies dff litiuldi>ag are as.and'lot Over age(frotin'snirve Existing.square#ootage:of buildings on youT.prbpeity.' _ Pro osed irici . g ease of building coverage N/.fj Square.footage.of.pourXot: (�!+ �'..�- . : Percentage of.coverage of' byauflduig:area: V. Putpose o : rv:Con ttuctioxa: ..... .. ... ..... .... VI. Please.describe-thn laAd.coant6urs 014 sIldp'e%,Heavily wooded; arsb area,tic.)oan yotir land Old.kq fft rela to trl oAfficulty.In.ineeting:t4p code.regnaatrem6nt(s): Raise saaini sevea�(7).ptn®tos,:labeled F. dw diff6rett sitgles off yard. rea5 Filter staiaig corners for new eonastructioii);said'photos of building area to bealtered with.yixsd viewvi 7/2-0d02,!:.2/:2U05; 11.2007 ..QUESTIONNAIRE FOIa JU-NG:�TA.�oui�iIBA.AP.PiaCATIO.r A. Is:the sub'ect:premis listed on.the.real estate market for.sale? Yes ...No: B: any proposals to.change,or alter land:egntours?Are ere. No. Yes:please explafti:on'attached.slxeet:; C. 1:).Are there areas that contain.:sand'or:wetland grasses? • Y� �. 2)Are those.areas shown on the survey siibinitted.with`tii s:app.3 cat on? 3'),Is'the prope . bulk headed between the•wetlands:area and the upland building area? 4. I UT.property contains wetlands.or pond`areas,..liave yoy contacted the-Off ce.of the TQwnfciistees,£ot.its detaiininatiori ofiurisdictiori?:. .. .&J.Please c fistatus ofyour inqu�ry:or ap.plication.wlththe Ttustess; LC. . .�(/l/ ��p"/'✓ a,id;if;issued;;please,attach.eopiesofperinit with``.coiiiiiti*.and:'approvo'dsurvey.zg//,CPC! Is:there a.depression or sloping elevation riearthe area:of proposed coristruction at or below five:feet.above mean sea Ievel?. �® E, Are there any patios,concrete barriers;bulkheads or fences that exist that..are not: ghown.on the survey:that:you are submittine Please Shaw area.of the. structures on.a diagrain ifany exist or state none on:ihe:above fine: Do.you have any construction taking place atthis time concerning�your :premises? A/0 Tf yes,please subinit'a copy o your building permit and.survey as:.approved by the,BUgaing:= Departmerit.and.please describe;:' G; ..Please attach all pre=certifzeates of occup'p* ' ar�d certificates of occupancy for the subject premises. If any:are:lac king,.please apply'to the Builaling Department:to either obtain them. or to obtain an Amended Nofice of Disapproval: H. Do.•you or:any co=owner.also own other:land adioinng or'olose.tit.this parcel? :If yes;:please:label.the proxirnity.ofyour lands:oni:your survey. Please list presem i se.or:operations:conducted at:this parce :� ��lUf�� CO and the proposed.use._.... /. �J (ex:existing single fariiily;propgsed::same with g ge;Root or other),/V&W djdgcOg Xbor A• ttioriz §i a and:Dafie TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR ; RECEIVED TOWN HALL SOUTHOLD, NEW YORK DEC 112020 CERTIFICATE OF OCCUPANCY NONCONFORMING PREMISES DATE: duly 24, 1984 �e�tir�g$�r�Of Appeals THIS IS TO CERTIFY that the Pre C.0.DZ 12637 /_'/ Land /%/ Building(s) r/ Use(s) located at 67380 Main Road Arshamomague Greenport Street Hamlet shown on Cour*tax map as District loco, Section 053.00, Block 05.00 Lot 0o1.001 a does(not)conform to the present Building Zone Code of the Town of Southold for the following reasons: There are 6 dwellings on one lot There arg?5 non cnnformi ng, seasonal cottages. On the basis of information presented to the Building Inspectors Office, it has been determined that the above nonconforming C1 Land /g/Building(s) /X/Use(s) existed on the effective date the present Building 'Lone 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 Inspector's 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, dames Sage The Certificate i5 issued to & Patricide, (owner, g ��gl�oAX#csc° ) of the aforesaid building. Suffolk County Department of Health Approval NSA 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- ances, 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. Building inspector `- RECEIVED !4 , DEC 112020 + honing Board Of Appeals /y,okf_7'elf Ai p t BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson � �OF So 53095 Main Road-P.O. Box 1179 Q Southold,NY l 1971-0959 James Dinizio,Jr. t Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Horning i0 54375 Main Road(at Youngs Avenue) Ken Schneider �'�owa�� Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD R ! EDS , Tel.(631)765-1809-Fax(631)765-9064 A � 7 W AM • FINDINGS,DELIBERATIONS AND DETERMINATION � A town tetk A. MEETING OF JULY 19,2012 ZBA FIL B. 5� -- 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 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 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. Paget of3—July 19,2012 ZBA File#6525-Otano CTM: 1000-53-5-12.6 RELIEF REQUESTED: The applicant requests variances to reconstruct a cottage that was demolished and "as built" construction 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 50 feet where the code requires 75 feet. AMENDED APPLICATION: During the hearing,the applicant was asked to separate the two variance requests: 1)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 8267-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 4267-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$267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the m Page 3 of 3—July 19,2012 ZBA Filc#6525-Otano CTM: 1000-53-5-12.6 limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. Additionally, the applicant proceeded with a demolition/construction of this structure without the benefit of a building permit. 6. Town Law U67-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: 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. A'ay:Me er Dinizio. This Resolution was duly adopted(4-1). Leslie Kanes Weisman, Chairperson Approved for fling 71,23 /2012 BOARD MEMBERS of Soar Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road-P.O.Box 1179 �� l0 Southold,NY 11971-0959 James Dinizio,Jr. #i Office Location: Gerard P.Goehringer cn ac Town Annex/First Floor,Capital One Bank George Horning �� 54375 Main Road(at Youngs Avenue) Ken Schneider l'`CQU Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS ECEIVED TOWN OF SOUTHOLD Ted.(631)765-1809-Fax(631)765-9064 i0t2 " . dr FINDINGS,DELIBERATIONS AND DETERMINATION So hold Town Clerk MEETING OF DULY 19,2012 Z B A FILE : #6�'S-7� NAME OF APPLICANT: Breezy Shores Community, Inc. (Hernan Otano,Cottage 45) 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 fI 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, 20I1. 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/DESCRfPTION: 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 12, 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 2 of6—July 19,2012 ZBA FileN6557-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 96525. 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 §280-122. 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 nonconforming building with a nonconforming use; whether §280-122 permits the demolition and reconstruction of a pre-existing nonconforming structure; and whether the applicant is entitled to a use variance. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held public hearings 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. 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 1 l/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 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 11/10/2011 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 C'M: 1000-53-5-12.6 3. New joists were installed; 4. New strapping was installed; 5. A new plate was installed; 6. New plumbing is required; 7. New electric is required; 8. Every window was replaced; 9. Entire porch was replaced; 10. Each wall was replaced; l l. 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 ZBA File#6557-Otano CTM: 1000-53-5-12.6 that the cottage was accessory to the principal dwelling and therefore a nonconforming building with a conforming use. As such, the abandonment provisions of the Town code were not applicable and area variances should have been granted. The facts at issue in this instance are clearly distinguishable from the circumstances present in Dawson. Here,the ZBA is not simply dealing with a single family dwelling and a single accessory cottage. While the Court considered the cottage an established accessory use to a principal dwelling,having 28 cottages as an accessory to a residential use is simply not supported by Dawson. 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. 11. Use Variance Application: 1. Town Law Q267-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 Page 5 of 6—July 19,2012 ZBA Filelt6557-01ano CTM: 1000-53-5-12.6 submitted an affidavit regarding the value of the shares in the cooperative, as well as information about comparable sales in the area of the property,as well as information regarding the maintenance and carrying charges on the property. In light of these circumstances,the Board finds that the applicant cannot realize a reasonable return on his property interest. 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 historic context and the pre- exiting nonconforming nature of the entire community. It is one of a limited number of properties in Southold 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 4267-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 V67-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-B, 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 of 6—July 19,2012 ZBA File96557-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. Tote ofthe Board: Ayes:Members Weisman(Chairperson), Goehringer,Schneider,Horning. Nay:Member Dinizio. This Resolution was duly adopted(4-1). r�)) Leslie Kanes Weisman Chairperson Approved for filing /a c� /2012 4 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson �� $dUjyO 53095 Main Road•P.O.Box 1179 �O �O Southold,NY 11971-0959 J [ Office Location: Gerard P.Goehringer N ae Town Annex/First Floor,Capital One Bank George Horning �� 54375 Main Road(at Youngs Avenue) Ken Schneider �'�COUHI�,� Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS 'EMED TOWN OF SOUTHOLD 0 3rp Tel.(631)765-1809•Fax(631)765-9064 4MR 7 2013 FINDINGS DELIBERATIONS AND DETERMINATION utho �O�er MEETING OF FEBRUARY 28,2013 ZBA FIL=:f6*28 NAME O A P 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 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 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 I 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: #11 Breezy Shores Community, Inc., 65490 Main Road (aka State Route 25) aka Sage Blvd. (adj. to Shelter Island Sound) Greenport,NY. i Page 2 of 3—February 28,2013 ZBA File#6622—Breezy Shores Comm.,Inc.(Mullman) CTM: 1000-53-5-12.6(cottage#11) 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 from the President of the Breezy Shores Community Corporation indicating approval of the applicant's plans. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on February 7,2013 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 5267-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 §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)(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. 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 5267-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. Page 3 of3—February 29,2013 ZBA File46622—Breezy Shores Comm.,Inc.(Mullman) CTM: 1000-53-5-12.6(cottage#l l) RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Schneider, seconded by Member Goehringer, and 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 I 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-I01, A-102,A-103 a]I 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: Aves: Members: Weisman(Chairperson,)Horning.Goehringer,Schneider. This Resolution was duly adopted(4-0). Leslie Kanes Weisman,Chairperson Approved for filing 3 (,5— /2013 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson �O��O� SQUjy�lO 53095 Main Road•P.O.Box 1179 Eric Dantes Southold,NY 11971-0959 Office Location: Gerard P.Goehringer Town Annex/First Floor,Capital One Bank George Horning • �O 54375 Main Road(at Youngs Avenue) Ken Schneider ��'�COUNTI Southold,NY 11971 http://southoldtown.northfork.net REC IV D ZONING BOARD OF APPEALS — TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 ?". ' Southold Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 25,2013 Z13A FI ': 6{) NAME OF APPLICANT: Breezy Shores Community, Inc. ( Ido Mizrahy) SCTM 1000-53-5.12.6 PROPERTY LOCATION: 65490 Main Road Cottage #25 (aka State Route 25 and Sage Blvd.) (adj. to Shelter Island Sound), Greenpoit, NY 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 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 o1"3—Iuly 25,2013 ZBA 96660—Breezy Shores Community,Inc.(Mizrahy) SC,rm#1000-53-5-12.6 BASIS OF APPLICATION: Request for Variance from Article XXIII Code Section 280-123A and the Building 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 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 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 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 [Hakes the following findings: 1. Town Law &267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The 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 §267-43)(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 minimus in nature. 4. Town Law 4267-(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 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 of 3—July 25,2013 Z.BA#6660—Breezy Shores Community,Inc.(Mizrahy) SCTMH 1000-53-5-12.6 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 to a 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 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 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 79G /2013 BOARD MEMBERS 0� $a�U Southold Town Hall y��Leslie Kanes Weisman,Chairperson ly0 53095 Main Road-P.O.Box H 79 h0 l0 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer G Town Annex[First Floor,Capital One Bank George Horning • y0 54375 Main Road(at Youngs Avenue) Ken Schneider �'�Comm Southold,NY 11971 http://southoldtown.northfork.net R CE ED ZONING BOARD OF APPEALS -r TOWN OF SOUTHOLD AU _ Tel.(631) 765-1809-Fax(631)765-9064 t-f Southold Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 25,2013 ZBA FILE 66 NAME O APPLICANT: Breezy Shores Community, Inc. (Graham Willoughby) SCTM#1000-53-05-12.6 PROPERTY LOCATION: 65490 Main Road Cottage #13 (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 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 perrnit for additions and alterations to an existing seasonal cottage at; 1)a nonconforming building containing a Page 2 of 3-July 25,2013 ZBA#6661—Breezy Shores Community,Inc.(Willoughby) SCTM#1000-53-5-12.6 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 variance to construct a 27 square foot addition for the reconstruction and alterations of the bathroom and mudroom, as shown on the architectural drawings, A-1, A-2, A- 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 1 ],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 §267-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 5267-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 5267-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 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. 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 6267-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-B, 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; Page 3 of 3-July 25,2013 ZBAI16661—Breezy Shores Community,Inc.(Willoughby) SC'I'M#1000-53-5-12,6 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), 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 �O��O�S��lyolo 53095 Main Road•P.O.Box 1179 Eric Dantes Southold,NY 1 1 97 1-0959 Office Location: Gerard P.Goehringer Town Annex/First Floor,Capital One Bank George Homing ► • i� 54375 Main Road(at Youngs Avenue) Kenneth Schneider Comm Southold,NY 11971 http://southoldtown.northfork.net RECEIVED ZONING BOARD OF APPEALS A Z 5 p� TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 44 Sout old Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF APRIL 17,2014 ZBA FIL-E NAME OF APPLICANT: Breezy Shores Community Inc. Cottage#7(Steven Flotteron)CTM 1000-53-5-12.6 PROPERTY LOCATION:65490 Main Road,(aka Sage Blvd.)(adj.to Shelter Island Sound),Southold,NY 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 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 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 Bbulevard) 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. Page 2 of 3-April 17,2014 ZBA#6704-Breezy Shores Comm„Inc. 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 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 1267-bQ)(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 1940'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 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. 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 6267-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 4267-b(3)0affl 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. Page 3 of 3-April 17,2014 ZBA#6704-Breezy Shores Comm.,Inc. SCTM#1000-53-5-12.6 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, including Code compliant 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 267-13, 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 GI'eisman (Chairperson), Schneider, Horning, Goehringer, Dantes. This Resolution was duly adopted(5-0). c Leslie Kanes Weisman,Chairperson Approved for filing /�� /2014 i BOARD MEMBERS OF$BUT Southold Town Hall Leslie Kanes Weisman,Chairperson �� yp 53095 Main Road•P.O.Box 1179 ti0 �O Southold,NY 11971-0959 Eric Dantesi[ Office Location: Gerard P.Goehringer G Town Annex/First Floor,Capital One Bank George Horning 0 �� 54375 Main Road(at Youngs Avenue) Kenneth Schneider l'YCQ�N% Southold,NY 11971 http://southoldtown.northfotk.net t ZONING BOARD OF APPEALS RECEIVED 1/�3l�AlM TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 �� 2 3 2015 n ' u uthoid Town Clerk FINDINGS,DELIBERATIONS AND DETERIVIINATION MEETING OF JUNE 18,2015 ZBA FILE 4 6'86E 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 Local Waterfront Revitalization Program (L)ARP) Policy Standards. The LWRP Coordinator issued a recommendation dated May 26, 2015. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department,as well as the records available to us,it is our recommendation that the proposed action is .CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LAMP. 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 II 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, 2014 from the Secretary of the Breezy Shores Community Corporation indicating approval of the applicant's plans. i FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on June 4,2015 at which time written and oral evidence were presented. Based upon all testimony,documentation,personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-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 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 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-b(3)(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. i 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. I Page 3 of 3-June 18,2015 ZBA File#6862-Breezy Shores(Brooks) SCTM it 1000-53-5-12.6 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 $267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of additions and alterations to the 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 11 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,Homing,Dante,Goehringer.This Resolution was duly adopted(5-0). � �. -&/ t:4�b Leslie Kanes Weisman, Chairperson Approved for filing N /, 2 /2015 BOARD MEMBERS qF so Ur Southold Town Hall Leslie Kanes Weisman,Chairperson �� y� 53095 Main Road-P.O.Box 1179 ti0 l0 Southold,NY 11971-0959 Eric Dantesc Office Location: Gerard P.Goehringer cn ,e Town Annex/First Floor,Capital One Bank George Horning �� 54375 Main Road(at Youngs Avenue) Kenneth Schneider �yCOU01 Southold,NY 11971 http://southoldtown.northfork.net fREJIV DZONING BOARD OF APPEALS TOWN OF SOUTHOLD A26 2016 Tel.(631)765-1809 Fax(631)765-9064 %u"thalcdlTbwn Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF APRIL 21,2016 ZBA FILE; 593 NAME OF APP CANT:Breezy Shores Community,Inc.(Jason Schmidt) PROPERTY LOCATION: #8 Breezy Shores Community,Inc., 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 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 FACTSMESCRIPTION: _ 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 ZBA#6934—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 nonconforming use are not allowed by Code. ADDITIONAL INFORMATION: The file contains a memo submitted by the Board of Breezy Shores, Inc., dated Jan.29,2016,stating their approval of the applicant's proposed cottage renovation. 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 §267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. 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 98. 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§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 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 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.The cottage will be raised 12-14 inches to provide additional protection from potential storm surge flooding. 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. 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 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) SCTl41#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 267-13, motion was offered by Member Horning, seconded by Member Weisman (Chairperson),and duly carried,to GRANT the variance as applied for, and shown on the survey of Breezy Shores prepared by Frank Uellendahl,dated Feb. 02,2016. 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. 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). Leslie Kanes Weisman, Chairperson Approved for filing /,,?2�2016 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ��OF SOUIiyO 53095 Main Road- P.O.Box 1179 Patricia Acampora ~� l4 Southold,NY 1 1 97 1-0959 t #t Office Location: Eric Dantes co y� Town Annex/First Floor, Robert Lehnert,Jr. • �OQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento OI,YC�U Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD Tel.(631)765-1809-Fax(631)765-9064 FINDINGS,DELIBERATIONS AND DETERMINATIO D E C 4 18 MEETING OF DECEMBER 20,2018 Southold Town Clerk ZBA FIL=: 223 NAME OF APPLICANT: David & Diane Nelson PROPERTY LOCATION: 65490 Route 25, (Breezy Shores Cottage#24)Greenport,NY 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 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. Page 2,December 20,2018 #7223,Nelson SCTM No. 1000-53-5-12 6 BASIS OF APPLICATION: Request for a Variance from Article XXIII, Section 280-123 and the Building Inspector's June 25, 2018, 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 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 §267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. 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 U67-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 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 &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. The cottage will be also 0 Page 3, December 20,2018 #7223,Nelson SCTM No. 1000-53-5-12.6 be raised to comply with current FEMA requirements to provide additional protection from potential storm surge flooding. 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 &267-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 267-13, 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 apossible 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 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 Page 4, December 20,2018 #7223,Nelson SCTM No 1000-53-5-12.6 (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 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 2 1 /2018 BOARD MEMBERS OF soar Southold Town Hall Leslie Kanes Weisman,Chairperson �� y� 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes ci, Town Annex/First Floor, Robert Lehnert,Jr. AS • SOY 54375 Main Road(at Youngs Avenue) Nicholas Planamento �yCOUNN' Southold,NY 11971 P ao RECEIVED http://southoldtownny.gov a' k Qn ZONING BOARD OF APPEALS UG 2 5 2020 TOWN OF SOUTHOLD n Tel.(631)765-1809-Fax(631)765-9064 So old Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATIO MEETING OF AUGUST 20,2020 ZBA FILio NAME OF PLICANT: Mike& Mary Beth Petsky PROPERTY LOCATION: 65490 Route 25, Greeuport,NY, (Breezy Shores Cottage#10) 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 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 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# 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 #7408,Petsky STM No. 1000-53-5-12 6 use; at: 65490 Route 25, (aka Sage Boulevard, Breezy Shores Cottage #10, 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 measuring an additional 21.8 sq. ft., less than 3% increase in overall size, when 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 M7-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 $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. Page 3,August 20,2020 #7408,Petsky STM No. 1000-53-5-12 6 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 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 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.Brown,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 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 fitturi e 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 KanA Weisman, Chairperson Approved for filing / aX020. BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson �,0�so(/��O10 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora � � Office Location: Eric Dantes CP Town Annex/First Floor, Robert Lehnert,Jr. �p� 54375 Main Road(at Youngs Avenue) Nicholas Planamento ®��rCOU '� Southold,NY 11971 http://southoldtownny.gov RECEIVED ZONING BOARD OF APPEALS �U(9 8;VAM TOWN OF SOUTHOLD U MAR 1 2021 Tel.(631)765-1809-Fax(631)765-9064 n • FINDINGS,DELIBERATIONS AND DETERMINATIC NSou old Town Clerk MEETING OF FEBRUARY 24,2021 ZBA FILEI- M)W NAME OF APPLICANT: Peter&Valerie Sakas PROPERTY LOCATION: 65490 Route 25,Greenport,NY,(Breezy Shores Cottage# 16) 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 # 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 Page 2,February 24,2021 #7461,Sakas STM No. 1000-53-5-12.6 not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a conforming use; at: 65490 Route 25, (Breezy Shores Cottage#16,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 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: 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 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 &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. Page 3,February 24,2021 #7461,Sakas STM No. 1000-53-5-12.6 6. Town Law U67-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 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). lesl'ie Kanes We sman, Chairperson Approved for filing a /-)�/2021 5 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson �►®�S®UTiy®�O 53095 Main Road-P.O.Box 1179 Dantes Southold,NY 11971-0959 Patricia ra Office Location: Eric antes C, tw Town Annex/First Floor, Robert Lehnert,Jr. i5A, � 54375 Main Road(at Youngs Avenue) Nicholas Planamento �� COUNN Southold,NY 11971 http://southoldtownny.aov RECEIVED CP ZONING BOARD OF APPEALS 4- #tmO SV AA TOWN OF SOUTHOLD - MAA - 1 2021 Tel.(631)765-1809-Fax(631)765-9064 &4atta 0. I'L¢dX.�i'� SotHhold Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF FEBRUARY 24,2021 ZBA FILE. 4`,Y NAME OF APPLICANT: Charles &Helen Szarka PROPERTY LOCATION: 65490 Route 25, Greenport,NY, (Breezy Shores Cottage# 17) 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 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. 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: 1. Town Law&267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. 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 Town 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 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 §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 23 6 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 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,February 24,2020 #7462 Szarka STM No. 1000-53-5-12.6 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 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 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 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 lanes Weisman, Chairperson Approved for filing ? /o6-/2021 AGRICULTURAL DATA STATEMENT ZONING BOARDID.;OF AAPPEALS u TQWN OF.$0UT-HQ LD WRENTQ USE THIS FORM.-The mast.6e be-completed by the applicght fo-any special rase peYprat'�site plan.asppro�apl; ease w1ance, or.saa�rafza�Wv8i aapprp;Pa1 oaa pYope. M rti MI an asgaieaaltaavaaC ilistric'.OR t ihin �. S d e rnaa Pp ra �a locaate�.In, [data "t tea a aAai�raiw.ber to th0 Suffolk::�aafa 'da�s,��ag in acco��aasc�`4_Z +eci �ts.239' ara.aaaid 239-n o,.the Geiieral MimMip ;Laiw Q 1)Name of Applicant: V�f��i'! °-� ►.Name of Land Ovs+ner.(if other thin �•.Address of A licant: B an applicant): J.. /illl/f -Ail 1 M=� • 4j Address:0�3 and Qwner.:..� .,: /. r1� � ®{�' :�`il:" �� . 5 .DRspription of:P Pased proJ /U sj.I:c�catign:ofProperty.(road anti tad map numlex): `' 7)Is the.pareel within arf agricultural districts No WY.es If yes,Agricultural-Distriet-Number 8)Is this parcel actively farmed?,�KNo.0yes ` 9) Name and: ' ddress...of-any owrner(s) 'Of land within the agricultural district containizig active farm 'operation(8)16cated.500 feet of the boundary of le through `ihe proposed.pro}ect...(Information may be:availab the'Town Asscssoks Office;Town.Hall location-(765-1937) or.from: any public computer at the Town Hall locations by viewing the:parcel numbers oil thewTown of Southold Real Property T- w System. Na e'aiid: e6l< .4 ... {Please u,�e back-side of page if more.than silt.propel t3 owners are identified.) = The lot.nwaibers.may lie obtained,in aduance,when requested`from;either•tlte.Qffice-of the Plarining Board.at 765 ,93 o t:e Zo Mg oard o .-Appeals at•765-1809: Signature of App111cant Bate itiote: - 'I.IU.local.board will solicit comments',from the owners of iand idea tified above:ih order to consider the effect of the proposed actidh gn,irarsit.aPpratliis: olicitstion.will'be made by supplyirig.a: Py:®f#lis'stdt�sria ►t:; 2:• ti3tt2e ii;returnegi:tC t9t� tkc !board S ritl b.taken irspa cons kit5r#`;M. ofttit�overall reyiew,of this application. I Copies".of the completed Agricultural,Uata$tatetiient shall be•sent by applicant and/or the clerk of the board ib,the property owners•:: .? identified above b,cost far iaailing shad lit paid b3�the applicant ai.the time;tiie.application is.submitted.'for reAeMTdilure to,pay at r such time means.the appiicadori is nbf comptete.and.cannot bo'acted upgn by the board:' 1-14-09 r 617.20 A,ppend ix B; $40fP Eoilii6r men( d Assessmeiar Farm !cod 'IAf6s�eizttrton. �`le®sipgigicaetg nc.�+�Ojeetr.spo�soe is respoaes cle_%r tYse comgMon.af H'*t d; Responses. liecoane:part of the apOlication.for:a0proval or fundin&are.satiject to public ieview,:and may:be suhjed#o further verification.. Conipilete Part:t based'on:inforination ctiereritly availabIp.:If addit'ianal research or•investigation:would be:needed to fully respond to any iteraj..Pease answer'as thoroug(ily as possible based on current in€oritiation. Complete:al!items:in Part L Yowmay also provide,any additional inforinadon which you believe.will be needed by:or useful. to the lead agency;attaeh addifioiaal pages as.necessary to supplement.any item:, Part 1��Prnject:Juno➢Spoaasor Inionnsition. I Muse ofkctidfi or Project Project Locati®ri(describe and attach a.Ition map}: /V x BAef Description'of ProtSased.:Actloa: J. uc, Torch ecoivf� AM PoF m ;Name of Appliont or:Sponsor: Te!ephone E-Mail: UC @ JL•Coobr :.Address City�d 62-I staff1.zip/qe I.Does:the propbssd.actioteonly;indo[ve ilia kgisfativ®adoption.ofa.plan,!heal 4awi;:ordinance; adminis�ra#iv®:rule,.orYegiilation? ' ifYts,attach a narrativerl. escalotion of the.intent of the.pNpo$e4 action and the:enviaoiameraEal'resourcos ihat. raay le affected ir tfe.axuncwt t .and'proceed to Part 2;:IFno;conticueto:queo 2. 2 Doesthe.pr posed:action:i?e$uire�peeirtit9.awovul'or rag faun Y er.govemmenial:Aggncy? f Yes;list.agency(s)panne aad peanut o►approval.: 3 a::T otal*eage of�e site of tiae.'prmposed act"c®a?: :: ::acres b Total acre o.he pI?jrsieally distoasaed2 Q a 00 acres o:T... aoreag?(p'ro�eetsite:and aay coritigu®ass properties)owned p- ®r contr®flied.by:the applicant or prnyec2 spoiasof? LLD. acres 4i e:"heck:afl'lasio oases Yla"Deena oiti;adjssiatiisg aloe!:tjear the I+zeposed:acion p Urban oral(non-agticttlture) a:industrial o: omnaeffccaal. esidentiat(suburban) . . p Forest Agrrcultr.9te uatia o:Other(specify):...... D Parkland.f Papa f of.4. S. Is the proposed action; NO:. YES-*. N/A a.A permitted usedndef the;coning regulations? b:Consistentwith the:adopted comprehensiye plan? 5. Is the proposed action consisteiat with.the predotpinant character ofthe existing built-or natural landscape? is tiie site of:the proposed action located'in,or does it adjoit5,a state listed Critical Envirortanental Area.? Yes,idend NO YES. a-Will the proposed.actionies........ .:,:.. ubs, . :al increase e p: ..,.,..t levels? ,..... .. .... .... :. .. . ult in a substantial increase in traffic above: resent b..Are public transportation service(sy available at or near the site of the proposed action? c...Are any.pedestnan accommodations or.bicycle routes available on or near site of the:proposed action? 9.Does the pfopoaed a[ctioq meet oa;exceed ttie.state'energy code requiretnenfs?` NO" 'YES' If the proposed action will exceed requirements,describe.design features and technologies: !10. Will'the.proposed action conaeet`to an existing pubiicdprivate water supply? NO YES If No,describe method for.providing potable water...... ....... .::. .:. .. .... . . . �( 1 I.Will.the proposeil'action connect to existing wastewater utilities? NQ. :. .VES If No.describe method for providing wastewater treatment- or`a.Dods ttie site contain a structure that is listed'on eitfier.tlie State or National Register of Ijistoric Places? b.IsAhe proposed.actioti located inan archeological sensitive area? ::13.a.'Does an portion of the site of the ' Y P proposed action,or lands adjoining the proposed action.contain ISO YES' wetlands or other waterboaies regulated by a federal,state or local agency? b.Would the proposed action physically alter,.or encroach into,.any existing Wetland or waterbody? If Yes,identify the wetland orwaterbody and extent-of alterations in square feet or acres:..... :. s4: Identify'the tyliicai habitat..types that occur on,or are likely io be:fo}ntd on the project site. Cb*k all that apply �Shorellne. ®t•orest ®Agricultural/grasslands ❑Early mid-successional Wetlatid ®Urban 0 Suburban 1.5:Does the,site:ofthe proposed action contaiii.any species of an'iinal,or associated iisiiitats;.listed P104 :YES by:the State or Federal government as threatened or endangered? 16.Is the project site located in the 100 year Hood plain? 17:Will the proposed action create storm.water discharge,either from point ar non=point sources? PNtP. . NES.., If Yes, �/ a.Will storm water discharges tlow.to adjacent properties?. sts1.NO®YES b.Will:storinwater discharges be directed io established conveyance systems(runo an€1 stornt,c3rains)? V%, If Yes biriefl describe: ND YIrS u Pop 2 of 4 19.Does the proposed action inelude construction or other activities tl ai resuit nn t)ie iropouiiaitient of water or,other liquids(e.g-retention pond,waste.lagoon,dam)7 If Yes,explain purpose and size;...: �.... 19.Has the site.of the proposed action or W adjoining.property been the location of an active or closed. N0, YES solidwaste-inanagement facility? If Yes,describe:.. .. ... .............. . 20.Has the site of the proposed aciion.or an adjoining property been the subject of remediation(ongoing or compieted).for.hazardous waste? If Yes,describe; ........... : li"FIRKTHAT THE Ii?Ill+'ORMAT1OP1.PRbV- *1btD.r90VE IS TRUE AN1d A CUR TO'II'1F k E OF MY KNOWLEDGE .' pplicant(sponsot.n ;... . �� ' U .. . Date:. .. .Signature Part Z-1inoct Assessment: The Lead Ageney is responsible for the coenpletiosn of Pait 2. Answer all of the following. questions in Part 2 using the•information contained in Part 1 and other materials submitted.by the project sponsor or otherwise available to the reviewer. When answering the:questions the reviewer should be guided by the.concept``Have my responses.been-reasonable considering the scale and context.of tie proposed action?" ti_'f` Way '+'y: ,Y. - .•� r.4.. - ".)t::r' -'•S:�" -;.�!+ ^lr.6:.• !,r\" _ �e'. �'�'.; •r: -`i: 't';h{.. ':iiti_ 4'4r I3g0derate `off,-�i -.w.•-'small 'tUla e" im act im aCt ;b' - ;`:; -• �'•r•�_`' -r<°.��...,;:�•�,. :- -:.May may: :rr x �.i"Lu l: Will:the proposed action create.a material'conf?lict1th'an:acCopted lid d`i&pIan:or"*bniin ' regulations? ':2. Will the proposed action result;:a.change in the use or intensity of use of iand? `3. Will the proposed action irnpafr.the cliaracteror quality of the existing community? 4. Will the:proposeo action havq an impact on the environmental characteristics that caused the. establishment of Fa Critical Environmental Area(CEA)? 5. Will,the proposed action result in an adverse change.in-the existing:level'of traffic or a&d existing irifrastructute for.mass t*it,.bikipg or wallwtay. 6.. Will the proposed action.cause an increase in the use.of energy and it fails to incorporate reasonably available a conservation or renewable ene orftmities?.. . 7: Wi1l the.Proposed:action istipact existing: a.public/.private water supplies? b;public-/private:wastewater treatment utilities? S. Will the proposed actiop impair the'character or quality of important historic,archaeological, architoctiiral:or aesthetio.'resources? ' 9. Wilt the proposed:action result in an adverse change to natural resources(e.g.,.wetlands, waterbodies,groundwater,air quality;flora and fauna)? Page.3 of 4 No,os- Modegate srna to.1 'e rti�a ct. ..R apt i ien .:.may. pis y: occur occur to..Will the proposed action result in.an increasein ft potential kfdros,04,11ooding or.dtainage prciblecus?. 11.:Will Ole.proposed.actiof•create:a hazard to eizvirorimentai:rbsources or hanian:heaithT' 1Parf 3-'99e4erae�6iaa#6baa of sigae. cane: The iAad Agency.is c esp®msibde foa'the-completion of Fart 3. For every, question in.ParE 2:that:iVas:answered``mbderate:to large icirpact uiay+occur or ifthere.is:a neeii to expliin."y a.pariicular. element of the proposed.action mayor will aot_result in;a signi$cant adverse ei►viroiameritaI impact,please cosnpiefe Part.3. l?art 3 should;if,suftiai' d'WL identify the impact,including My measures or design.elements thaf have beeit.. cluden by ti►e project sponsor to avofld'or reduce impacts. Part.3 shouldalso ex'iain h*, the�leacl agency determined thatthe impact' may.or will not be.signiir6ant::Each:i6ieniial'inipact§i ould be assessed considering its setting;probability:of occurring duration;ifreversib3ity;geograpbie:scope:and magstitude. P lsp'consider the potential for sliort�tenn,Fong=tern►artd cumulative:impacts. e •t}iiS`.botIf'ybu:bave'ilel eitt cl;based.on.the Infbiatation acid aaiaTysis abcive,aced any.supporting docanientation,. that the proposed-action!nay resulf i one or ahose.potphtialiy.Farge or significant ad verse:impacts:and an elevironmeftal impact statetrietrt is.required:. Check:this.box:if yi*have deterrrtin8d,.based on the inforMitti6n and.analysis above,and any supporting.documentation,'_:. that the proposed action sigtaificant:adverse.entykroninental in4mets. I*Iame . lsead Agency ,..:.. Pritrf cir T eNRstie nf'R..'`nsifrle:�Jfficerin Lesd'.A en Title mf .Yl= .. !9 cY Fbesponsiblo.�fficcr` Signature of Respoiisi(sFe©fficei in:i:eacl Agency: Signature of l'reparer cif diftrent from Respoiisible:di ce;) Pa0:44 of 4 AI'R'H ICA:NT/OWNJER TRA-NSACTIONAL.EDISCLO$URF,:FO'RM The' oWa.`o$.wbooi ioi&s.Ciraletrf dh3es" ro%it►its:ctsnf 0r4fiittst 611Qhe art:afiaiwtn.e8�eers:an etri'!o ees`3'R : rir ose:. 03 this!oe 3s: a vdtkn'i or3si tdo : .£tirBi tfoa'aC ri '�':#otun:of s�ssd9ila coaiflicts:nf€o@e resi o d ada itto to o evisatevg! :aeti�iei is natscSssrY�l""av 3 ' 'nie:: �; YOUR NAME ... y sY aanre,first.ua aie;irif8ilia l6dtial;unlOss you are applying ixi the iaarrie o$someoue Oise orother entity;.such as a eompany Ef so;ladicate the other persoti's or company°s•name.) .T'f.PF,OF AIE➢PL-tC.XTION:(Check all-that apply) Tax grievaaece ]Qaanlding.�e I$._;, Nariaiaee '. Trustee:]Perinxt Cli nge:ofl tease: &i,st P Erosion. . -Approval lkt Moon,#g &nmmnng ]l)o you personaPiy(or tlaroiagla youir c®pnpanY;:sponse,sibiWg,�arekt,:oY chiii➢)'halve a.reiatioiaslelp r�rith ply officer or enaployee:off t.h� d*n off Southold?I�Relatlolzshigi"includes by bldbd,aparriage-or business interest:"Ealsiness Interest".m6ii ns a$usidess;becPuddzag a:peYtiaerslnip,im dvbich flee towai:Safi t1 eee'oa'.emnpioy Gas.even a partial otiynersllio of,{or;¢mnplo e>it.lij*).a corporation:in w<li6 the toff offfaeer or.`emplojee ovMs mdre.t➢lah 4 off the Sl1aYe5. mow: IiNo;ilp:aaid;aPa e P 06*;If YES;eom#.Iete.ae.balance.of this fom:and date and sign wh&e .indicated. Na�ire.o€pea sow effiployed:bytbe�o .of$outlioPd Tide or.position- Of that:person �eserlb the-t ai#nonship between yourself(the iop11 ant/agent/representativr )anvil the.town of icer Or employee;: Either.ebeck:the:appropriate line. ):tlir®tagh ID)a�cl/�ir.describe In the spa.6 p0vided.. The4own.offcer:or eialiYcjyce or his.pi;her'spquse,slilirig,.patent;or child is(check all that-apply) A).the� tner vfgraater ihat'5%of.the shares of.•tPie.corporate stack of the applleant'(when the applicant'is a. corporation) _,_�)thd:lega!or.beseticial owner of any interest in a:.naa=corporate entity(whett:tlle applicant is,not a:corporation): t)an ofncer,:dired.w,partner,.or•erngloyee of the applicant;'or. Eb)the actual appliealit. . MC ON OIF.IYJ )UT3 ONSEU .Subinitted.tliis 5 .&Y of ZQ � Sigmma#ore:... d l'rint.Naffie�. 1 w Town of Southold LWRP CONSISlYNCY ASSESSM]ENT:lRORM A. INSTRUCTIONS. l.. All applicants for,perm is including Town of:Southold agencies; shall-comptete this.CC AP.-for proposed aetioris.ttiAt are subject to the Town of:Sbutholci Waterfront Consistency RevwW Law,.. This. assessment:is:intended,to supplement other idormatioii used by a Town of:Southold agency in rnalci..g ....determination-of consistency. `Except an n&0empt.actions incl4ding.Bu#0.ng.::J'ey:mits and other.rninisterial permits not located within:the:Coastial.Ervsion:$azard Area: 2. Before answering the questions in:Seciion:.C; the preparer,.of this form.sbould reviemi:the exempt. mirior'action.list;policies and ekplanatioris of each.policy64ntained.in the Town of Southold:Local Waterfront Revitalization Program, . A proposed 'action.wilt be etialuaied'as:to-.its::sigiiificarit beneficial acid adverse'effects.upon the.coastal area(Which includes all of Southold Towp): 1 If any.question in.Section C:on.this:form is.answered!yes.";then the,proposed action may:affect the .a� hievement.of ttie:LWR,P policy standards.and conditions contained'in.tige consistency.review_law. .Thus, the action shouts be analyzed:hi inoxe detail arid,.if ri)ecessary;.modified`prior to-making:a. determination that it is.consistent to the maximtun extent practicable with. the. LVJItP policy staricla�ds and condi#ions.: .If an action.oannot be.certified:as:.consisterit:with the LWRI. policy standards and conditionsAisl alfnot_be:uritlertakeia., A copy.of the LVVRP is.available in:the oziline at the ToWn of.southold's �website(southoldtown.n(irthfork;net), the i oard of Trustees Office, tbj�Plan ning Department; all local:libraries'and-.the Town Clerk's-.office.' :B. DE SCRIPTION:OI -SIET]E:ANdD PROPOSED ACTION Th4&AgpBisatn has:Iieere.seabqeb4teid t®(check.appropriateresponse); `li°oWn IBoard, + E. Phanning Dept: ; :Building IDept. I5oard of Titstees L Category.of Town-O'f Southold agency action(check appropriate response): (a) Action tindertakeri directly by.Tovvn.agehcy(e.g:capital cofistraction;plaiariing activity,agency:regulatidn;land transaction) :(b): Financial'assistance.(e.g.:granti.loan;s4bsidy) (c) : .Pzrmit,approval;lice.nse;.cerlifieation: lVatiire.and.extent€if action: .Location of action:. � Co P si{6 acreage: Presendand use: (� I�resent zonrng classi�xcation:.. �..P' 2.: If-an. applieafion for ffi. roposed action has been filed.witb.the:Town.of S®uthci a'gencyj the-following idformation shaU-be provided: '(a) Namr .ofapplicaat: . (b):.Mailiisg (c):`k'elephone:nurhber AieaCode.( ' j' (d) Application number,Yfany:. . . 'Will t3ie action:be directly un ertakeri;require.funiiing;or approval bj a state or.federal.agency? Yes No... .....: Ifyes;which state or federal:agiancy`?. ._ 'DEVELOPED-MAST PO IC'S.'.: P'olicp 1. Foster a Otterir.of.de�relopYnent'in the Town-as6iatltold.that eahances:commtiniO-chaeacter; .,preserves.open space,Walzes ief facierat:use:of�nffrastraicture, a3sa�s laerae�clal use i a cm�st. ;and film taizes k verse efffects.of developmesnt. See LWRP Section M--Policies;PaEe 2.fob.evalui-ion. L Vi i No �iVdt Appi.icable-.please explain :AYiach aOitional.sheets iFnemsary Pmli.y 2.. Protect .aand. peserve -Work-and arebaeologacal. resources of the Townn.of-Smithold. .See LWR_P:StPPIbaa.>iHY—Prs aies.l':nges: ildrua h-6,fur.-eiVAIdiitW.aerdter�isa . :Yes . NYa.: wait.�¢apliealste . leaseexplaisa� ._ �.� . .., w,-,. �... -... ... .. . .. ..... Attach:asidiiiona!slieeis:ifnecessary Policy I Enhance:yistao9:qudflaty aaid #iq#act scenic resources thkou lhaiut fie To�vn:of Smut old.:See I:V Sec#ion.l[II:—laol' ies I'ages:6:throeigk Z fo .e iklaation.cAted (No#:A.pplicalble�.: tease:e�i taira): Attach additi6fiufshee6 if iie ssii NATURAL:{COAST POLICIES Policy 4. :Minimize:loss:of:l iFe,.stkodua es,.and.ogtu al resources ffkoxxn flooding iipd er6sioh6,See LVvW Sca tiov:DI—PoVdI0s F'g 8 lia .g6 f®r.ed l ati0ion i#eri i 2: : #. 'ckb a se ez lair . . Yes ...Nan.. ... iNo .Alspin 1. ilea � ;� ... Aitacti;ads#�tir�ral s,�e��s.;kf,:riecessary..,:,,...:: Rpl$O 5. p0illoct: l:.ix�x xaa ra awattea:al Had.y aad.;ia PpDi ina#h e:Tow h of Saine#iaaDlal..Sc�lJd�R Section III P®licies l?ages.16 througta ><.ffoa°cwaieaatioie cn-iterazi:. 1�3* '`Yes. .`l010 (No#A{iin$icahle.�.pl+ease.ex�lnj Ea- . . Attach additioiaai:Sheets if necessary 'olicy 6. #eft:axial:�reslgaire tlaa~ gaaa t alai 6i iiota of sae 'R'ow d Soaa�h6ld i6s*stevis. amcflnadnng Significant Coastal �i§h and ildial'e.Habitats and wvol�els. See�WRI�Sec iou:III=.PoUcies;:,Pages 22 Qlirutagln��2.;ro�evsalat�Qiasie a;ri[cri�a: files: No.(�. {No#:Applaa ble—please a iptaiia). 0. : . . 'At#ac dditional shteats if necessary Policy 7 A.oteet and lm* prove air qu. aty in .the T-6w,n.off S6dthbld. See.LWRP Seetion.0.1- Policies. Pag4s:,32:thro' n&'34 411 ee�'1u�tpe�a Brit-p.:Se 'Secl ioh'M—:F lieae�Pages9 34 through:38 ff6r evabuktion criteaia. Yes. No (loot A.ppucabde..Y Olease ei0jAn)' 0 Att=additiopal:if Wts.if necessary `Policy:8. -minianhe envir'onme,iital degradati.xi Ji T®wn of Sou.t.hd.ld .fa®it solid .*rite:and Hazardous ip s6uces:and.wastes: See L P.Se6tion li[.�Policies;�'.ages_34 through 38.ifor evaitiation ed erea:. 0 a: (ldmt..Applieable—please eplain) :PUBLIC.ODAST�IQLACM Pokey. to,:and:irecreataonal.use of, eoasb d wat&t4 publae lads,, and pubic resaa kee's:of the T.bwd off.96 i hbl ee:I:4JM.F.Section H —.)Policies;Pages 38:the 6ugh.46 for.eetalanat oxi :crigeasa. , Ye ' Nab fl of A:ppficable=please e>xpBaaaa) . . . .. ...... . -Attach:addhlorial sheets if necessary WORKING CQAST POLICIES. Policy 10:P.rotect Southold's water-dependent.eases anal:promote:siting of new:water-d.ePendeanLuses in. sta tabie,loc tioeas. See LV6r1E2]P Sectioat:TT —Policies;Pages 47 thrcjugn 56 for evitluOtioai.critetia.. :'YesLJo, (Nat:Applicable please explain) .. .. ..:.. .. . ... . .. . .. Attach:additionai.sheets if:►iel e. sary Policy 11 ftodnote'sustainable use of living �anariiae resources.in.Tong Island Sounnd, tlne Peconic Estuary.and,Tmvi!¢a waters:See LW.R Section ITT-.1?olieies;.Pages 5'7:through 62 for evaienatioYa ea iteraa. 1�Iot.,80 cable; please explain. .Attach additianat slieets.if"riecessary Policy 11. Protect agiricultniral aiad's iii.tlae�'ovvey of.Soutl'old See:LWRP.Secfioan.TA(.—Palieies; Pages.. .,02 throu.9k 65-for evaY6fion criteria. :I�im:VIN6fA6plicable-.please_expaa#n :A:itach addiii0tial;sheets if necessary :Policy,-.I Wdniote.apprcipri96 use.anal,deve,160 eni t;of,energy,:and.mineral.resburces. See:LWRP echo- n.111.--Policies;:Pages 65.through 68 or evaluation criteria.. Yes :'Na` Not.Applicable."please explain. PROPOSED ADDNION c-10 la mc -_ - ---- ©C-14 100' WETLAND SETBACK — — = DWELLING GREENPORT NY 14 OREM SHORES EXf G ENCLOSED PORCHUCTED —9 r= may^y ARCH RECT TO BE RECONSTR �_�===""=-= Y--•=_-_-_•-- � FRANX uEE1ENDU0. AV�----==-`_' CENmA1. ENUE MAIN ROOF TO BE EXPENDED p ''____ ____ o 123 P.O.BOX 316 7 U -T s ffMRRT.W 1190 TEL,631-477 8624 OWNERS •��8'x2 DRVELL ® ��- _- �0 Enco sraAaETtER --- B TEL•718-614-7380 C-14 C-8 All WORK NATERWL AND EQUIPMENT SKL BE IN ACCORDANCE Wmi THE 2018 WfERN A BUBDING =__ 2018 INRlIONAL EN ----- CO _00 EW (ECC)AND THE 2020 NYS RESIDEMNL CODE SUNROOM RECONMUCRON 1 �® EMNG 0UCIURES RUN-OFF=UlAMON: _e C—] FOR 2 OF RAW TO BE CONTAINED ON SIZE COTTAGE 475 SF:100%run-off meffkht= 0 � =_ 792 Cu.FL E••===_= s C-31 PROPOSED LiV deep WNETL 84.5 aft 0 WITH GLITTER LEADERS FOR ROOF RUN-OFF THIS SIZE PLAN s BASED ON THE SUM 0 BY YOUNG&YOUNG,ENTER DEC.2015 .0 0 1' _^�� DATE: 03/07/2023 mu.1/16 =f-0' 0 = sC4lB N.TS PROPOSED SIZE PLAN -= f 0 -_� SITE PLAN 04 = 1000-53-05-126 TOWN OF SOUTHOLD 0 SUFFOLK COUNTY, NEW YORK =m- ° '" E o _^ A-1 B ILDING PERMIT APPLICATION zz=ID9.NO 0 E=� � DESIGN CRITERIA: g j� PROPOSED ADDMON GROUND SNOW LOAD -45 PSF. F2 W LIVING AREAS AND DECKS -40 PSF. OUTDOOR OUTDOOR SLEEPING AREA -30 PSF. la SHOWER SHOWER WIND SPEED -13D MPH SEISMIC DESIGN CATEGORY -B s WEATHERING-SEVERE SHED SHED FROST UNE DEPTH-36' w TERMITE E SUG ATE TO HEAVY -14 ICE SHIELD UNDERtAYMENT REQUIRED - YES rEl oDESIGN IN ACCORDANCE WITH AMERICAN FOREST DWEWNG PRODUCTS WOOD FRAME CONSTRUCTION MANUAL GREENPORT NY FOR 1&2-FAMILY HOUSE-PRESCRIPTIVE DESIGN METHOD OO WINDBORNE14 BRfFZY SHOR(S 0O DEBRIS PROTECTION SCHEDULE BEDROOM 1CHEN o BEDROOM 1 KITCHEN PRECUT WOOD STRUCTURAL PANELS WITH A THICKNESS ARCHffECT OF MIN 7E[D6 INCH ARE TO BE PROVIDED TO COVER INGS Of THE PROJECT: 123 CENTRAL THE° AM FASTENER TYPE A1/'AG SCREW BASED ANCHOR WITH P.080X 316 "mal "11 NY 18624 2-INCH EMBEDMENT LENGTH,SCREW SPACING:16 INCHES, 1E1 631-477 8624 WINDOW SCHEDULE PROPOSED WINDOWS ARE ANDERSEN PRODUCTS 400 SERIES. OWNERS O - GLASS TO BE HIGH PERFORMANCE LOW-E GLASS x JENNFER WAGNFH SCREENS TO BE PROVIDED FOR ALL WINDOWS AND DOORS NNE HARDWARE-METRO COLLECTION:ANVERS,SATIN NICKEL FINISH DARK YDN ao O INTERIOR FINISH:WHITE,PRE-FINISHED TEl 718-614mm EXTERIOR COLOR:WHITE F'� •, T Mark Size Description Quantity LMNG ROOM LMNG ROOM a wOH2442 DODUBIE-HUNG WINDOW B dT-1 B W'DR3842 DODUBLE-HUNG WINDOW 5 CLG.HGT.: T-3° c CW13 CASEMENT 1 D 30'xBO' PERMA-TRU DOOR-S2200 D 1 ENTRY FOYER ENTRY FOYER E 32'x60' PFRMA-TRU DOOR-S2200 TBD; QE M(2)2x8 HEADER VENT TO MECH AREA �a WD3842 WOH3842 Ladder to Loft g s_ � 3 L 166 SF SUNROOM12'O.C. I BEDROOM 2 SUNROOM BEDROOM 2 CATHEDRAL COLING R mAT SLABxMCONT.(2)1.75'x7.2 LVL HEADER 3 -------- i DH2442 AD WDH2442 --------- BATE 03/07/2023 Sm. 3/16'-1'-0' 12'-1' 14'-4° 1221' 14'4 14'-4' EXT'G & PROP'D 26'-5' FLOOR PLANS FOUNDATION PLAN EXISTING FLOOR PLAN PROPOSED FLOOR PLAN FOUNDATION PLAN M.M 24 A-2 DYI'G.NO PROPOSED AMMON ul RU cc 1 -14 DWELLING GREENPORT NY 14 BREEZY SHORES ❑ ® ' ARCHHECT FM ® ■ ❑ ■ ■ 123 El� 631i P.O.BOX 316 Po -477 1890 624 OWNERS JDMBmm G IYIME)ZQt EXISTING NORTH ELEVATION EXISTING SOUTH ELEVATION °¢Aln�c 9UK m TEL 718-614-7380 LWI3 a HRHFI:ll ® ® ® ❑ ❑ oo DAIS 03,6//2023 SfNE 3/16'=1-0' ------------- C� EXT'G & PROP'D ------ 3j ELEVATIONS � ma WA SIDE ELEVATION PROPOSED SOUTH ELEVATION N 2 D7a 80 A_3 e� PROPOSED 1 1/4°WIDE-20 GAGE � ADDITION METAL STRAP 0 16'O.C.w/5-8d NAILS WRAP+NAIL STRAP W/4-4d NAILS la AROUND SILL PLATE AT ANCHOR BOLT IM zs m M T/0 GRADE(2)#4 REBARS ❑E C-14 2X12RIDGE BEAM RIDGE DWELLING RITX;E STRAPS EACH RAFTER PAIR 2x4 COLLAR TIE EACH RAFTER PAIR 5/8'X 12'A.B.0 48'OC. GREENPORT NY w/3'x3'x3/16°FENDER WASHER. ; P o $ ASPHALT SHINGLES TO MATCH EXI'G (max. 12'from end of sill plates) r 14 BREEZY SHORES 2x6 R.R.0 16'O.C. z W/R-23 STONE WOOL INSULATION 8°P.C.FOUNDATION 1x6 HORIZONTAL WOOD PLANKS w/1'-4'X 8'CONT.FIG. ARCHTIECT r — — J (3)#4 REBARS o FM MOM 123 CE111RN.AVW ROM 316 FOUNDATION DETAIL a GREEMI,,NY 11944 o I o TEL•6314n 6824 ATTIC I I FOUNDATION NOTES s OWNERS won L — — J STORAGE LOFT STRENGTH=3000 PSI AT 28 DAY ASTM NCO SWEER C-94 READY MIX DOM WA ATTIC ALL FOOTINGS,FOUNDATIONS,ETC SKU w 901 2x6 COLN TIE REST ON UNDISTURBED SOIL TEL•718-614-7380 ®BOTH END WAS ALL FOOTINGS AND FOUNDA11ONS SHALL BE (2)1.75k7.25'CONL HEADER FORMED. ROOF CONSTRUCTION t 30 YR ARCH'L GRADE ROOF SHINGLE o ON 15 LOS BTI.FELT IN 13OMPH REGION:6 NAILS PER SHINGLE REOU'D FOLLOW MANUFACTORER'S GUIDELINES FOR INSTALLARON SHINGLES TO MATCH EXISTING ROOF WDH3842 WDH3842 5/8'COX PLYWOOD SHEATHING s BEDROOM 2 E 26 ROOF RAFTERS 0 16'O.C.w/R-23 ROXUL INSULATION 3/4'T&G 1x6 WOOD PANELS ROOF OVERHANG AND TRIM TO MATCH DWELLING ROOF RUN-Off TO ALUMINUM GUTTER AND g WOOD PLANK FLOORING TO MATCH EXCG LEADERS CONNECTED TO DRYWEIl a ' 2x8 F.J.0 12'O.C.w R-23 INSULATION $ WALL CONSTRUCTION SHALLOW CRAWL SPACE % 1x6 T&G HORIZONTAL WOOD PLANKS 20 STUD WALL 0 16'O.C. ' 2'RAT SLAB / o R-15 STONE WOOL INSULATION j M 5/8'COX PLYWOOD SHEATHING DATE: 03/07/2023 ' �ATFRPROOIING MEMBRANE BLUESKIN VP100 BY HENRY SOME 3/8'=1'-0' RED CEDAR SHINGLES TO MATCH DWELLING ALL FJOERIOR TRIM TO MATCH DUSTING CROSS SECTION CRAWL SPACE SCALE 3/8'=1'-0' A-4 ow0.No e� i.� •3�• ;rq��jr' � �.1�'i �'Z; � d f . 'M > t- •f. a ' _ < �_. �.s' _ . n ,• a-1 -. � y .. ... - . - .. 'tip •f7 WagnerJennifer • NicoShores, • 7.25.2023 f M• I r j • - . I�1114 J _ ■o 71 Jennifer Wagner and Nico Schweizer #14, Breezy Shores, North DIRECTION, DATE 7.25.2023 k � r•. 'i F,t 1 r 7 r. n e Y. Jennifer Wagner and Nico Schweizer #14, Breezy Shores, NW DIRECTION, DATE 7.25.2023 a M F I tv Tr Jennifer Wagner and Nico Schweizer 14 Sage Blvd, Breezy Shores NE DIRECTION, DATE 7.25.2023 4�'�Y.M■..�L�. � i Yz^ tea ► if ' a��,p•$i ��` � � r S• •..9�,•� , `9 1 p n- 3 �..��, TOWN of sommd1.e� OROPERTY RECORD CARD TYPE OF BLM to OP.CLASS } LAND IMP. TOTAL ATE 10 i �� 46 DDT q 10 —�' � Yyf1Y liar ��J �dLC1�FA3rAraE ON WATER re re q rn e.? cm :1 01! I lop ISOUT b0*0 -CAPb OWNER.� STI VILLAGE DIST.1 SUB. LOT FOgR ®71- 10 e� N P ACP r 6( _ L ew . 1 t:f>a v,I e vv s w -w TYPE OF OU 6. 4--j j i I Rd U,Ps,k Z--& RES. SEAS. VL, FARM Co. MIC& Mkt- value r LAND IMP. TOTAL DATE REMARKS 00 P�3.500, 51 gjeg% 2&/ c94,0 6J55- AID, --P-Lv e4r.-%f.-- tic L 16 8- JYew Y I- s As - 1;4 21 -4� k-,,I la 4738-8-9 53. -5-1,2,6 OWNERs O-RDRF,9_-Ixc BREEZY MMMIRR# DATE TYPE co USHIDESCRIPTION 23440 _5LI5L96 PERMIT REPAIR COTTAGE #25 1 V, REPAIR COTTAGE --JL7 23441 -iLi5-L9_6 RE-RIMIT 1 23442 _-5jj5L9-6 �PZRKTT REPAIR COTTAGE #25 1 23443 PERNIT REPAIR CTO #12 Tillable 23444 REPAIR COTA -LSL9-6 ILA-RNIT -GB Woodland 23623 8196 RRFATIZ EXISTING SEASONAL CW 8/0 PERMI meadowlen -BULKHEAD House Plot Total ... ._. •n .,nn.sM.+ 11JIql!; 6Qsti9s64RY c lril'W'M •t yr ...... • IIr HYf. EWN OF SOU HO � PROPERTY R�OO�O �� O � OWNER �r ^STREET ViLLAGE DIST. SUB._ _. LOT- _�,rt '/vI .}' ej /0 ACR. REMARKS TYPE OF BLD. r� / j PsoP.CLAss q �"- G r f �{ "�'S l� SQ/1 r.-M �7or� rJ r� Ufa /�rf -'trlrr j r � 1 _ 1 f- LAND IMP. TOTAL DATE / --r OL12"" re-place 71 P- L�17010 re--places P A 7)d 1 03 amt 3q769M Iac 9R-)1 at) a. Q3 �3P ' ��7 J J J'e..lacesEEEi I�3 oil 5- faP-j�_ 31Y'� re 1�c�,./r r ► Zq ._ S + p7 . 2N.c. N1+-Fa c, J� I' - ra DEPTH 5,S D� p„ gg ood skye- c6 MEADOWLAND N J _� BULKHEAD S J� U8 � Jr t1 �xlf' � � T�D C(ltfl► # t SCTM 4 /0 6.D -- 15 3 - 5- lZi TOWN OF SOUTH OLD PROPERTY RECORD CARD OWNER STREET (,�aqo VILLAGE ®BST. SUB. LOT AA a i'o ro ad ACR. REMAHKS 5e-e TYPE.OF BLD. --7jq3 dprnb 4 3 loav ;5bcJ -a 'PROP. CLASS.Sale U Vyqe .500 BL-#3 M Ao�fntq re-pair F - 4900 LAND IMP. TOTAL DATE 435529 AwazOl cl cn) FRONTAGE ON WATER -HOUSE/LOT BULKHEAD TOTAL ............ 1, 4 1.aw--NER .4 ��.•1• �• i1 +1.�(Y. r f �i� t "°� 1J {{ ,p 4 � f��7�+�1,i�� , ^y�,�,t, a f�� •r� ..Y�r{tom• ,}4. 3� �, Ift� '•' ;1 t i ,{1 t. FORMER OWNER � N AOR. f � M�,t• J ••�{ p . • • 1 yA 44 �Ke � .Y S , r w TYPE OF BUILDING RES. SEAS. VL. FARMS comm, CB. MISC. ,Mid!Value LAND IMP. TOTAL DATE REMARKS � A�:d J •;� ".� � i ,t«,4'�.r�'� ��`.� � d ., � • d L°:.o"�'�e 1 t 9;tee �� t, t • I ILr' J.e f , 76 AGE BUILDING CONDITION A . NEW NORMAL BELOW ABOVE , FARM• Acre Value Per Value Acre C,Q` 18 Cx P.SG t� 'Illable 1 4o a i .4 ! 1 "(Noble 2t I.11able 3 d , .Spy 6 e3 /nodlond 1� fit Namaland n n : FRONTAGE ON WATER • e~ '76�' C, d rushlond ,��j FRONTAGE ON ROAD Ouse Plot C= DEPTH CD�' p - BULKHEAD Sho net F O 06 /S' 1 rsb 22 . S66 1 �FJ r4 L tol sk '...t....4..y >...1,`r .-....:-:. ,._A' : r.••;:� _ ...;•: -. .-�r I ..s _J C. .y -9:{ tr. :u- r _ ■ te�0 twrr�r�■ :rwr■■ r rr■r��! _ ��i �r� �riw ■r■�t r■■* tma �! ■r■ a rINS No �;: ■r� rr�� r ■r�r��■ • r r��rr fir% rr ■mail r r WINS rrrr�r■ r■EM�Mr 1001 Foundation ^ _ :. }.1�.,£ n,.}yl -.. �1,$i. :,ti :.:. . n, -i 1 t. {. t i 4 r I: 1 � 1lr. 1 � .-,. n � � 1. 1•.;y �' s` � r f 2 :.a., r'. ,N,rF.�' �:�.+:f,....:�.��s:.. ?.fig.:w.dL .z,.,..,,i. .! 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A REE� pwES as r7 j :r o, 5 7A k—......... IS, E v IS C7, very _ 4-� Or r 4 Jo y- 41, % 'y 4klD 7 A, ,J • SA S 6 7. ter" K, ,FOR INC. I SEC NO ATC. UNE SEC NO DST - r FECN SEE SEC NO DST COUNTY OF SUFFOLK 0 NoTICE 1.0 E.1- No PlOpIrty Tar Slfli Agency-E—L Ag .14 E STF— .1: —.1 SOUTHOLD 053 (21) p� vow f 4 i INN t t H Lfl" O vo , 'sew �� s� \ %a1 \ "rd,'i�.-r d �O ��{�f�51�✓ •'wwe INN .04 DD ' h w�w n'# asp � ��e �ri! e, ,� w`�' w,�C `�`'' b� � �a1'�' B� Az� ��•j�a.f rL' "�j 11 1 � OUAb National Flood Hazard Layer FIRMette FEMA Legend 41°4'55.90"N SEE FIS REPORT FOR DETAILED LEGEND AND INDEX A r` I Without Base 0 Zorn A.6'.A95 N .�E1a t�F N91NIR'1AL FLCX7D HAZARD. '=�-` SPECIAL FLOOD With BFE or o EL"{�13 F ectl HAZARD AREAS Regulatory Flc � T i0.2%Annual+ of 1%annual depth less the areas of less I y Future Conditl - Chance Flood Area with Red dEl6 F 88t� OTHER AREAS OF Levee.See Nc FLOOD HAZARD ' Area with Floc O SCREEN Area of Minin- 1 Effective LOM OTHER AREAS Area of Undet ` 4 \ �♦ r+g.iE GENERAL -—-- Channel,Culy It \ \♦ (ELF Fsetj '�♦., STRUCTURES iI I I+III Levee,Dike,o tlr1♦ ♦ N\ t\ ♦♦ ♦♦ ♦ ♦ '♦♦ 6 20 2 Cross Section t \e \♦ ,\ `\ ��,♦\ ` \\ ♦\ ` 17•s Water Surface �ll�t'11 I1��1�iCi `♦♦ ♦' \\ `♦♦ \♦ ♦\ ♦♦ �\ \� ♦� a - - Coastal Trans,le ♦ \\ \ \ \ ♦~ ♦♦ \` _ mr Base Flood EI `♦ \ \� ♦ \� \\ ;` \� Limit of Study \� \ ♦ ti �♦ \ \\ \ ♦�;\'. Jurisdiction B, \ \ ♦, 1♦ \ --- — Coastal Trans, r ! \ \ \♦ ~ \ i �r ♦\ ♦♦ ` OTHER Profile Baselli !r �• ;♦Coastal Barrier Res09 auress System `♦\ `� FEATURES Hydrographlc a8t; ♦ \♦ ♦♦ 4 \ \ .♦ ♦♦♦ ♦\ ti Digital Data A �♦ \\ ♦ �� ♦i ♦ 1♦ (EL 7 FAet 1 ♦♦ i No Digital Dat ♦ \��' ;* ♦\\ `� 1 '\ MAP PANELS Unmapped _ .- ' ♦ `\ ; \�♦ ♦\ � \\ \\♦\♦ ♦ ,,♦ \\ \�♦ � The pin displayed on \ ` t\� ,�\ 1♦ \\\ ` ♦� \'� point selected by the `\ ♦♦ \\ *. ; \\ ♦ `♦ an authoritative prop �. ♦♦ ♦\ \\ ♦\ \ ♦ This map complies with FEMA's standal �. �\ \\, ♦ digital flood maps if it is not void as des The basemap shown complies with FEIV accuracy standards The flood hazard information is derived authoritative NFHL web services provide was exported on 7/12/2018 at 9:39:4, reflect changes or amendments subseq N time.The NFHL and effective informatic N become superseded by new data over t ... ., ;.. .. .: e,.,io•y'a"Ii.:;�" -^��:°.",..'.wZ�:s.:::"+:�.:��.t>'�......ti.;.rc➢:.'�:;;.=':e�.y^.s=.:.._ ..R:.u.�,..-�.gym.,...,........._..._.__.............. PROPOSED _ ADDmON r, I - _ � W C-10 ==_ _=_ W - --_ in �- == 9. EIC-14 100' WETLAND SETBACK - DWELLING GREENPORT, NY =- 14 BREEZY SHORES EKT'G ENCLOSED PORCH C i9 NtCHIfECT TO BE RECONSTRUCTED g _-:_ - AVM INUN ROOF TO BE EXTENDED rATpu GRf.nRl.Nf 11944 7 1 _ TEL 631-472 8624 \ m m OWNERS— l W ?_ "p dQidFm NCO �8 z�)DRYVlELL W 1 aNXO DOm� s Rh 718-614-7380 cn C-14 con C-8 ALL WORK MATERIAL AND EQUIPMENT SMALL BE IN - =N ACCORDWCE WITH THE 2018 M USA BUU M _ CODE(IBC)AND THE 2018 UOERNATQK ENERM CONSERVATION CODE(IECC)AND THE 2020 NTS ==W RESIDENIX CODE '~ ^W ® SUNROON RECONSTRUCTION _ DXI=SIRUCNRES - RUN-OFF CALCULADON: ERED� C—] FOR 2'OF RAIN TO BE CONTAINED ON SITE COITADE 475 SR 100%gun-off roeflkienl= O 79.2 Cu.FI C-31 PROPOSED.8V deep.DRYNELL 84.5 CU.FL O 1 WITH CUM LEADERS FOR RDOF AUN-OFF - I TH6 SITE PLAN IS BASED ON THE SURVEY O o BY YOUNG&YOUNG.DATED DEC.2015 TM 0$16A i O OF:BEN ; L DUE• 03/07/2023 sm.05'=1'-0' O = & SURE_ U.S. IPROPOSED SITE PLAN =` . 1 SCTMJ = 1000-53-05-12.6 0 SITE PLAN: I TOWN OF SOUTHOLD o __ TIXC IN4E -1 SUFFOLK COUNTY, NEW YORK o .pj � A , BUILDING PERMIT APPLICATION = 8 DC,NO 0 ®� DESIGN CRITERIA: PROPOSED GROUND SNOW LOAD -45 PSF. ADDITION LIVING AREAS AND DECKS -40 PSF. OUTDOOR OUTDOOR SLEEPING AREA 30 PSF, SHOWER SHOWER WIND SPEED -130 MPH SEISMIC DESIGN CATEGORY -B Zy M WEATHERING-SEVERE W SHED SHED FROST LINE DEPTH-36' 6 C 14 TERMITE-MODERATE TO HEAVY � DECAY-SLIGHT ICE SHIELD UNDERLAYMENT REQUIRED - YES DWELLING DESIGN IN ACCORDANCE WITH AMERICAN FOREST i El PRODUCTS WOOD FRAME CONSTRUCTION MANUAL GREENPORT NY FOR 1&2-FARY HOUSE-PRESCRFM DESIGN METHOD 14 BREEZY S,HORES 00 OO WINDBORNE z 00 00 DEBRIS PROTECTION SCHEDULE ARCH BEDROOM 1 KITCHEN BEDROOM 1 KITCHEN PRECUT WOOD.STRUCTURAL PANELS WITH A THICKNESS OF MN 7/I6 INCH ARE TO BE PROVIDED TO COVER Tim UIILFNm THE GLAZED OPENINGS OF THE PROJECT: G 123 CEMW,L AVENUE i FASTENER TYPE 1/4'LAG SCREW fl4SED ANCHOR WITH 5 GREII6 ORi NY 11944 2-INCH EMBEDMENT LENGTH,SCREW SPACING:16 INCHES, TEl 6J1-477 8624 OW SCHEDULE WIND � PROPOSED WINDOWS ARE ANDERSEN PRODUCTS 400 SERIES. � OWNERS GLASS TO BE HIGH PERFORMANCE LOW-E GLASS wa O O Q O O SCREENS TOMETRO TO BE O'IDED FOR AIL WINDOWS AND COLLECTIQxt A,VE RS,SATIN NICKEL FINISH DOM m - INTERIOR FINISH:WHITE,PRE-FINISHED YaFc SIUOi i•�, TEL 718-614—M-o EXTERIOR COLOR:WfiffE F-T- Mork Size DeudoSon Qua'uty WING ROOM LIVING ROOM LD 2 CODUBLE-HUNG WINDOW a YAWLio 2 OCOUBLE-HUNG WINDOW 5 CLG.HGT.:7-3' CASEMENT A ENTRY FOYER ENTRY FOYER PERMA--TRU DOOR-5 200�TBO; �� E r f I] Efl(2)2x8 HEADER I VENT TO MECH AREA WD3842 WDR3842 Ladder Lo Loll 1 i 0 i ; I 166�SF SUNROOM BEDROOM 2 SUNROOM BEDROOM 2 CATHEDRAL CEILING 2z9 F.J.0 12'D.C. 1 ; t n/SRIDGdkG 1 1 1 s I o I 27 RAT STAB 1 I s , CON.(2)1,75x7.25'LVL HEADER ME __�______—__ J 4I QD H2442 ® WDH2442 � IAiF: 03 07l202J S0L 3/16'=1'-0' 12'-1' 1a'—a' it 1z'-1' is'-5' 1a'-a' _ 14'-a' F�(T'G&PROP'D EXISTING FLOOR PLAN 39 FLOOR PLANS PROPOSED FLOOR PLAN FOUNDATION PLAN DDKNw DN PA A-2 DrLC.N0 0� POND ' / �°r I' ``+",.•:.'` I I �v � � r PotlD ��:, ` ..\ ?�'{,tine•:+ t \� '•(gym _-_ P_ p_ ,•�:� '/ v rtooDsls • ,„ i �``"^ / .///�I .` l �'•.ee 'AjY��J - -�'o �da�,f i �a "t i��• Q VO Go"CfA�E y RECEIVES MAY 12 2023 'ac ' ?ONING80ARDOFAPPEALS PROPOSED' ADDMON Ul ❑C-.14 ❑ DWELLING GREENPORT NY 14 BREEZY SHORES ® ' R�ffECT ® ■ ❑ ■ ■ ❑❑ 9 ma uomm �� 0 173 CQtIFN:A'hNUE PA.Et)X J16 ❑a ❑ 2 GFMPW,,NY I19„o IFL:611-,JI862f OWNERS smm somm EXISTING NORTH ELEVATION EXISTING SOUTH ELEVATION WA mm IR 716-614-M Ea j Or_ j CW13 � 5 s ❑ ❑ ❑ o ® ® ❑ aa,o THO3/0/M 1r! se, 3116•=1.-0. --------------- 0 N IXT'G& PROP'D -- ELEVATIONS I� PROPOSED SIDE ELEVATION PROPOSED SOUTH ELEVATION A-3 I ® e !� �: .... .. ..:w�x.ss� S�si•'ate�--•w•-.._��-„»- PROPOSED 1 1/4"WIDE-20 CAGE ADDITION METAL STRAP 0 16'O.C.w/5-Bd NAILS a W WRAP+NAIL STRAP w/4-4d NAILS W AROUND SILL PLATE AT ANCHOR BOLT a m, (2)#4 REBARS T/0 GRADE El C. 1.4 2X12 RIDGE BEAM RIDGE STRIPS EACH RATER PAIR DWELLING 20 COLLAR TIE EACH RAFTER PAR 5/8'X 12'A.B.0 487 CC. € GREENPORT, NY w/3"x3"x3/16"FENDER WASHER. ASPHALT SHINGLES TO MATCH EXf'G (max.12'from end of sill plates) IR 14 BREEZY SHORES 26 R.R.0 16"O.C. z 2 w/R-23 STONE WOOL INSULATION 8"P.C.FOUNDAT:CONT. IxG HORIZONTAL WOOD PLANKS w/1'-4'X 8" IG. ARCHITECT - - (3)#4 RL73ARS 1233CCDORK AVW 316 FOUNDATION MARE.TEL P.D�8624 ATTIC I I FOUNDATION NOTES � OWNERS L — — J STORAGE LOFT STRENGTH=3000 PSI AT 28 DAY ASTM NO SD M C-94 READY MIX CONCRETE DOMs a ATTIC 2x6 COI AR TIE RESTAL�FON UNDISTURBED SOIL NGS�FOUNDATIONS,ETC SHALL TEL,718-614-73M 0 BOTH END WALLS ALL FOOTINGS AND FOUNDATIONS SHAH.BE 3 (2)1.75'0.45"CONT.HEADER FORMED. �C�Qua o 0 ROOF CONSTRUCTION 1 .c 30 YR ATCH'L GRADE ROOF SHINGLE }� E o ON 15 LBS BIT.FELT IN.13OMPH REGION:6 NaS PER SHINGLE REQU'D FOLLOW MANUFACTORER'S GUIDELINES FOR INSTALLATION 0 SHINGLES TO MATCH DUSTING ROOF WDLI3842 WDH3842 E 5/8'CDX PLYWOOD SHEATHING BEDROOM 2 /4" ix6 WRWQ PiA6'O C.w/R-23 ROXUL IN$UTARON ELS ROOF.OVERHANG AND TRW TO MATCH DWELLING ROOF RUN-OFF TO ALUMINUM(XfM AND s 2 WOOD PLANK FLOORING TO MATCH 09'G LEADERS CONNECTED TO OTTTI M V 2x8 F.J.0 12'D.C.w R-23 INSULATION SHALLOW CRAWL SPACE WAIL CONSTRUCTION tx6 TdG HORIZONTAL WOOD PLANKS s 2x4 STUD WALL 0 16'O.C. 2'RAT SLAB ,' o R=15 STONE WOOL INSULATION 5/8"CDX PLYWOOD SHEATHING DATE: 03107hO23 ' WATERPROOf1N6 MEMBRANE BLUESKIN VPIOO BY HENRY & SME, 318"_I'-o' RED CEDAR SHINGLES.TO MATCH DWELUNG — —— — — — — — — — — — — — -- ' ' ALL EXIEPoOR TRIM TO MATCH EXISTING CROSS SECTION CRAWL SPACE az CK IWAE SCALE:3/8.=1'-0. 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