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n h �) 011GleGtsP iv? G���- �� ✓ tr A-ppr. cc-A4 ibl2—il 2-4 r Owner: Cataldo, Lynn File #: 7958 Address: 9490 Route 25 Code: 13ED Agent Info Patricia C. Moore 51020 Main Rd Southold , NY 11971 _ Phone: 631-765-4330 Fax: Email: pcmoore@mooreattys.com NO s � � �'eG t' BOARD MEMBERS ,of SO(/j�® Southold Town Hall Leslie Kanes Weisman, Chairperson 53095 Main Road • P.O. Box 1179 Southold,NY 11971-0959 Patricia Acatnpora Office Location: Eric Dantes J� Town Annex/First Floor, Robert Lehnert, Jr. l 54375 Main Road(at Youngs Avenue) Nicholas Planamento �DUNTY,� Southold,NY 11971 RECEIVE® http://southoldtownny.gov ',// 1,� ZONING BOARD OF APPEALS C 1:44 � A l TOWN OF SOUTHOLD NOV 2 5 2024 Tel. (631) 765-1809 S®ut�ld Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF NOVEMBER 21, 2024 ZBA FILE: #7958 NAME OF APPLICANT: Lynn A Cataldo Revocable Trust PROPERTY LOCATION: 9490 Main Road, East Marion,NY SCTM 9 1000-31-10-2 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23,and the Suffolk County Department of Planning issued its reply dated August 29, 2024 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The subject property is a non-conforming 18,468 square foot parcel located in an R-40 Zoning District. The property runs 90.00 feet along NYS Route 25, runs 208.10 feet on the East side, 90 feet on the South side,and 204.45 feet on the West side. The property is improved with a two-story frame residence, a one story frame residence, and a shed. All is shown on a survey by John Minto, L.L.S., dated April 27, 2023. BASIS OF APPLICATION: Request a Variance from Article XXIII, Section 280-123 and requesting a Reversal of the Building Inspector's July 22, 2024 Notice of Disapproval, based on an application for a permit to legalize "as- built" additions and alterations to an existing accessory building; at; 1) a nonconforming building containing a nonconforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a conforming use; located at: 9490 Main Road,East Marion,NY. SCTM No. 1000-31-10-2. RELIEF REQUESTED: The applicant requests a variance from the Building Inspector's Notice of Disapproval to legalize interior alterations to a legally existing accessory building (cottage/bungalow) where the code does not permit alterations to a non-conforming building, which, in the subject application, is considered non-conforming because it constitutes a second dwelling on the property where only one dwelling per property is permitted by town code. ADDITIONAL INFORMATION:The second dwelling(cottage/bungalow)has the benefit of pre-existing Certificate of Occupancy No. Z5265 dated July 18, 1973, legalizing a private one family dwelling with cottage and garage as being built prior to the implementation of the Town's Zoning Code on April 23, 1957. The housing code inspection Page 2,November 21,2024 #7958,Cataldo SCTM No. 1000-31-10-2 report,dated July 17, 1973, listed the rooms in the cottage as garage/utility room,storage area, living room,kitchen, one bedroom bathroom, and dressing room. The applicant purchased the subject property in 1998 and at some time after that date the applicant's spouse renovated the interior of the cottage by converting and rearranging the existing garage/storage room space into additional living space which included a separate door for the dressing room and an enlarged living room. The entire size of the legally existing cottage/bungalow is 742 square feet,which conforms to today's code permitted size of an accessory apartment in an accessory structure and is smaller than the 850 square foot code required minimum for a principal dwelling. Several neighbors testified at the public hearing in support of the applicant. The interior alterations to the cottage/bungalow that were made by the applicant were discovered by the Building Department when the applicant submitted existing floor plans to obtain a rental permit for a year-round tenant that did not match the description of the living space described in the 1973 Pre-Certificate of Occupancy. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on November 7,2024 at which time written and oral evidence were presented. Based upon all testimony,documentation,personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law V67-b(30)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The subject property is a corner lot with street frontages along Main Road and Bay Avenue. The neighborhood consists of single-family dwellings mixed with churches and a few businesses along Main Road. The Main Road section of East Marion is primarily an older neighborhood which was developed prior to zoning. The principal dwelling faces Main Road and the cottage, in the rear yard, is accessed from Bay Avenue.Pre-existing non-conforming properties are common in this neighborhood. The"as-built"interior alteration did not change the pre-existing use or the existing footprint of the accessory cottage/bungalow and cannot be seen from the exterior of the cottage. 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 building constitutes a second dwelling on a single-family parcel which is not permitted by code. Any material alteration to the building will require the benefit of variance relief. 3. Town Law 4267-b(3)(b)(3). The variance(s) granted herein is mathematically substantial, representing 100% relief from the code. However, the cottage/bungalow on the property is legally non-conforming and already represents a 100%relief from the code. The grant of the variance relief for interior alterations that enlarged the living space without changing the existing footprint or exceeding the code permitted size of an accessory apartment in an accessory structure does not change the non-conforming nature of the structure. 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 U67-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. J Page 3,November 21,2024 #7958,Cataldo SCTM No. 1000-31-10-2 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 interior alterations to an existing cottage/bungalow 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 Dantes, seconded by Member Lehnert, and duly carried,to GRANT the variance as applied for,and shown on the Architectural Plans by Venci Benic,Architect,Sheets labeled A-101, A-201 and A-202, last revised May 29, 2024. SUBJECT TO THE FOLLOWING CONDITIONS: 1. The shed as shown on the survey that is encroaching on the side yard property line and partially on the adjacent lot shall be removed or moved to a code conforming location. 2. The applicant must apply to the Building Department for a building permit for the "as built" improvement(s) within 90 days of the date of this decision and submit same to the Office of the Zoning Board of Appeals, or submit a written request for an extension to the Board of Appeals setting forth the reason(s)why the applicant was unable to obtain a building permit in the time allotted. 3. The applicant must obtain a Certificate of Occupancy from the Building Department for the "as built" improvement(s)and submit same to the Office of the Zoning Board of Appeals within 12 months of this decision or submit a written request for an extension to the Board of Appeals setting forth the reason(s)why the applicant was unable to obtain a Certificate of occupancy in the time allotted. This approval shall not be deemed effective until the required conditions have been met.At the discretion of the Board of Appeals,failure to comply with the above conditions may render this decision null and void That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity, provided de minimis relief is requested within one year of the date of this decision. Any time after one year,the Board may require a new application. IMPORTANT LIMITS ON THE APPROVAL(S)GRANTED HEREIN Please Read Carefully Any deviation from the survey,site plan and/or architectural drawings cited in this decision, or work exceeding the scope of the reliefgranted herein, will result in delays and/or a possible denial by the Building Department of a building permit and/or the issuance of a Stop Work Order, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s)granted herein as shown on the architectural drawings,siteplan and/or survey cited above,such as alterations, extensions, demolitions, or demolitions exceeding the scope of the relief granted herein, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code,other than such uses,setbacks and other features as are expressly addressed in this action. Page 4,November 21,2024 #7958,Cataldo SCTM No. 1000-31-10-2 TIME LIMITS ON THIS APPROVAL: Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured,and/or a subdivision map has not been filed with the Suffolk County Clerk,within three(3)years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration,grant an extension not to exceed three(3)consecutive one(1) year terms.IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN.Failure to comply in a timely manner may result in the denial by the Building Department of a Certificate of Occupancy,nullify the approved variance relief,and require a new variance application with public hearing before the Board of Appeals Vote of the Board: Ayes: Members Weisman(Chairperson), Dantes, Planamento, Lehnert,and Acampora. C�L- Leslie Kanes We sman,Chairperson Approved for filing ,� Q� /2024 -�4 -79 S�F -Z-B A 191-4 7ff' E-Y-, VIA 01 SD/cm SMOKE VINCENT BENIC ARCHITECT DETECTOR/CARBON PO Box 92.Southold,NY 11971 www.vbarch.com T-� MONOXIDE Issued/Revision - 917-414-1925 DETECTOR 6123/23 MASUBMISSION 5/29/24 ZRAq1 IRMURRION LIVING ROOM NO STRUCTURAL 1/13/2 BD SUBMISSION CHANGES TAX MAP : Drawin 1000-3l.-10-2 gs&spedfications as Instruments of professional service are,and shall remain,the property of VINCENT BENIC 111-8 IX, ARC"ITECL No reproduction,In whole or In part,shall be made without the written authorization of VINCENT 8ENIC ARCHITEa. This document Is Intended solely for the construction of the named herein and shall not be used by any other parties other construction without the written consent of VINCENT SENIC ARCHni-cr. ZONE: R40 BEDROOM FRONT YARD: 50' (90SF) SIDE YARD: 15' f OM SD/CM D/CM BOTH SIDE YARD: 35' REAR YARD: 45' EXIST WINDOW TO BE REPLACED W/ENERGY LOT COVERAGE: 20% AND EGRESS CODE ACCESS. STRUCTURE 15' COMPLYING WINDOW �C43' 0 ANDERSON CASEMENT TOTAL INTERIOR 744 WINDOW CX14-32"X KIT. BATHROOM 4811 SQ. FT L EXISTING LINTEL TO 10.-011 REMAIN UNDISTURBED E00100 r--\STER q�SD/CM SD/CM \JENC... VBA # 37 Dr n: W Ch \WM BEDROOM DINING RM (127SF) D) EXIST WIND -E) BE ()W T Vinci Benic,AIA, REPLACED W/ENERGY NYS#014883 EDR (12 OOM D/C IM ENC, 7ASF) project AND EGRESS CODE 9490 COTTAGE COMPLYING WINDOW 9790 MAIN RD. EAST MARION NY 11939 ANDERSON Drawing Title M, REPLACEMENT CASEMENT WINDOW - 29"X 46" FIRST FLOOR PLAN 14'-10 1/9' 11'-1 1t2" EXISTING LINTEL TO Drawing Number REMAIN UNDISTURBED A-1 01 f' " ;JI' :x1w1v1Yf:AV7 .:v:• i2{n.�;r'=aft. ;dd S`kJo ,L.rN:;,'.; .:r:. _ :.c,• l'Sri:E - : VINCENT GENIC ARCHITECT . . - PO Box 92;Southold.NY 11971. . . .. www.vbarch.com 917-414.1925 - Issued/Revision . k " 6/23/23 MASUBMISSION N 5/29/24 7RASURMISSION m. m LIVING ROOM o S RECEIVED > - JUL 3 2U24 Drawings&specifications as Instruments of professlonal service -T are,and shall remain,the property of VINCENT BENIC- - ARCHITECT. No reproduction;In whole or In part,shall be made 11'81/8" without the written authorization of VINCENT GENIC ARCHITECT." " This document is Intended solely for the construction of the - ZONING BOA project•named herein and shall not be used by any other parties mBOARD OF APPEALS for ny other VINCENT BEN IC ARCH�construction without the written consent of 5 0 VIIA n � - BEDROOM EXISTWINDOWTO FI�y L �A� BE REPLACED Wi TOTAL INTERIOR 7 E I ED B' BA CODE"COMPLYING --------------------- WINDOW SQ. T"EC SION# " - - D,� D• l a a�a oo.®o o TAX MAP : KIT- BATHROOM o 1000-31.40-2 8 to����s 8'_11,4" ZONE: R40 .� . FRONT YARD: 50'. .... .,: SIDE YARD: 15' BOTH SIDE YARD: 35' Jiy ,�� REAR YARD: 45' ,, LOT COVERAGE. 20%. VBAPro,$: Seat: ACCESS. "STRUCTURE 15' o� WIVI Checked: -r: VB. LOT AREA CALC. DINING RM ' BEDROOM ' N t LOT AREA: 18,468 SF Vinci Benlc AIA, NYS#014>�83 BUILDING : ? SF Project } COTTAGE 742 SF. 9a90 COTFAGE" 'SHED _ ? SF 9790 MAIN RD. - � WALKS ? SF EAST MARION NY 11939 w Drawing Title ,.:I..::i u:'rJ.',r J.iR^.,'J�:r:'t•.•,.J.N......1....," -i�:t`- _ _ :.P: FIRST FLOOR PLAN TOTAL ? SF 14'-101/8 11'112" ?% LOT COVERED. Drawing Number A-101 I�BA • - - - - — - - - - - _ '�'f"/ VI CENT ARCHITECT. .�.� :.1 .!- .r ,� 'a,.• - 'I^,a- "1 - •i` ..I.�,�.�. -•i _ 1 _.i" '_i; =dt ( ., ni;. d 6 � N BENIC �I '•1;'i 1 - I I - d •I l• _ 1. - 'i' I PO Box 92,Southold,NY 11971 �° ., ::_i r ;..:..' .1: d 1 y RECEIVED www.vbaiclLoom - I. 1 - J•. I'- - .I':', - -I, __ 1 - i - - ?h 1 1- 917.4141925 _ - ! _ ,y.. _I - Issued/RevBlon _ 0 4-; .,' i. - I : _ -.i •i JUL 3 2G2 2 ZBA SUBMISSION. 6/23/ 3 i, ;I yt r. `�:.. " '.1, r, - _ , .. I 5/26/24 ZBA SUBMISSION ZONING BOARD OF APPEALS -.1,,` ,..'. °'i�._,�. : I� = ._.i-�," .,i.<.•i,`-i .:Iti.-,l . :1•: .l r:-.l•� :.1'. i:,: :_.i .i. � 'I- r. I:.. ' I, ., -�ip .. ., .,•,• 1' - �„ .- .I- -.`.1. 'r�.�.l I�r -�i. .�I �:! l.� rs�;l - a' � .i •�1� -1 ':I I�:-- I' •i t - �-I� - - ,1: _ t. - -r •-� ;,'>� .I,- r. r i �•r _ i t• .r -_ _ _,_;..i._ _ ..i. _ _ 1, r{a � ALUMINUM - L SIDING Drawings h ll re aatlons as Instruments of NTprofessional service i- are,and shall remain,the property of VINCENT BENIC _ ARCHITECT. No reproduction,In whole or In part,shall be made I W ASPHALT without the wrltten authorization of VINCENT BENIC ARCHITECT. 4 = This document Is Intended solely for the construction of the project rrfany other construction without the written d herein and shall not be used by onsnt of other parties `-! SHINGLE ROOF vINCENT BENIC ARCHITECT: ti NORTH_ELEVATION Scale. 1/4 — 1 -0 0 1 2 3 4 5FT r\�3N 0 :t ASPHALT - is SHINGLE ROOF ALUMINUM _ / �'�e ►���u6�; SIDING .�:.:;- `�._ 'S'��W��;.�•:�. � . -- - I -INAL PViAP VE Proj 9: Seal: EVE /ED Y ZB WWI - d VE N Ch ked: .E C I T O N Tr (� 0`O i z co i r 2 h Vinci Ben AIA, NYS#-014 83 Project COTTAGE 9790 MAIN RD. 7 EAST MARION' NY 11939 L / '�3 1/2" � � � Drawln9 Title WEST ELEVATION NORTH &wEST 2 ELEVATION Scale: 1/4" = 1 t-Off Drawing Number 0 1 2 3 4 5 FT A-201 va VINCENT BENIC ARCHITECT + ���•. y PO v Box 92,Southold. 11977 www.Waich.darch.00nnm 9174141925 RECEIVED Issued/Rwislon - 6/23/23 ZBA SUBMISSION JUL 3 U 2024 5/29/24 ZBASUBMISSION ZONING BOARD OF APPEALS Drawings fk specifications as Instruments of professional seMce �• are,and shall remain,the property of VINCENT GENIC ARCHUECT. No reproduction,In whole or in part,shall be made This do the written authorizationde solely of VINCENT cons GENIC ARCHITECT. ThK document Is intended solely for the construction of the any other `�] „^V .. -__.",,.•..5-..�t _ - 'i , • a for any project namedt other construdbn without the used y parties written consent of _ _ _ - fir• __'[ g VINCENT BENIC ARQIITECT. --- SOUTH ELEVAT r Scale. e MAP ��-- 'REVIEWED BY ZBA Lj DATED: •�• ` 3 r ♦t VBA Prof e: Seal:" 378.2 Drawn: WM Checked: VB Vinci Benic AIA, NYS*014883 Project i �aF COTTAGE 9790 MAIN RD. EAST MARION NY 11939 Drawing Title SOUTH & EAST 2 SOUTH & EAST ELEVATION Drawing Number ELEVATION Scale• A-202 i S'ir6�+�® - -M Note: ALL ,SUBSURFACE"STRUCTURES; UNAUTHORIZED ALTERATION OR: ADDITION " WATER SUPPLY," SANITARY "SYSTEMS, TO. THIS SURVEY IS'A VIOLATION OF ppAq)t� JM OEfNkD� JM SECTION' 7209 OF THE NEW YORK STATE 1 �'��8 sq l`o i " DRAINAGE, DRYWELLS AND, UTfLITIES, EDUCATION LAW.' SHOWN ARE FROM FIELD OBSERVATIONS //jj�� acre !cDMEIMIE� APRIL 2023 AND OR DATA OBTAINED FROM OTHERS. COPIES D SURV-THISEYOR'S SURVEY MAP :EA BEARING O.-R 2 acres THE LAND SURVEYOR'S INKED SEAL SI �y xn: "23\MAIN ROAD THE EXISTENCE OF.RIGHTS OF WAY EMBOSSED SEAL SHALL NOT BE CONSIDERED. AND/OR EASEMENTS OF "RECORD- IF " TO BE.A, VALID -TRUE, COPY. ANY, NOT SHOWN ARE NOT GUARANTEED. GUARANTEES -INDICATED HEREON.SHALL RUN: ONLY TO: THE PERSON, FOR WHOM THE SURVEY . IS PREPARED,-AND• ON HIS .BEHALF TO THE TITLE COMPANY, GOVERNMENTAL ,-AGENCY AND LENDING.INSTITUTION LISTED HEREON, AND TO THE:ASSIGNEES.OF. .THE LENn!NG INSTI-: TUTION. "GUARANTEES APE NOT TRANSFERABLE. 0�+'`�¢�� Premises known as:: . . . . # 9490 ROUTE 25 " UO RECEIVED . JUL 30 2024 ZONING"BOARD"OF APPEALS" a. . .s� . �� . . . . . . . '0" gS� r Of tit Q a yam.. 0 s . ?� Via. t�:" \`�` 30 op o ;�, �0 co . .. �I 1,6 Certified to Lynn. .Cotaldo S . ey of-Property U r1/ " situate at IVI e - E�st ar ors LAND sugzV��ING Town of Southold Mintoville@aol.co�n S u f t o 9 k C o u p ty 9 New " York . : i . . .,; 'SUBDIVISIONS ry �ry TITLE & MORTGAGE :SURVEYS TUX Ma"p #1 000-31"—1.0. .02 w-. - TOPOGRAPHIC SURVEYS »_ s SITE PLANS . Scale '.1 — p30 " . April 27, 2,23 • . Sohn Minta, L.S. Jac"qu®line .Marie'"Minto, ""L.S. ..GRAPHIC.. SCALE" LICENSED PROFESSIONAL LAND SURVEYOR LICENSED PROFESSIONAL LAND SURVEYOR .._.. - - - 120 NEW YORK STATE LIC- NO. 4986E NEW YORK STATE LIC. NO: 51085" 30 0 "15' 30 - .60 {1. Phone: (631) 7244032' - —= --- -- P..0. Box 1408 Smithtown, N.Y. 1.1787- ( IN FEET 1.in =. 30 ft. yy COUNTY OF SUFFOLK RECEIVED te AUG 3 0 2024 &W,0'm � EDWARD P.ROMAINE ZONING SOAR®OF APPEALS SUFFOLK COUNTY EXECUTIVE g� ff DEPARTMENT OF ECONOMIC DEVELOPMENT AND PLANNING SARAH LANSDALE COMMISSIONER ELISA PICCA CHIEF DEPUTY COMMISSIONER -. August 29, 2024 Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Attn: Leslie Weisman Dear Ms. Weisman: Pursuant to the requirements of Sections A 14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal He Number Domeluca II, LLC #7957 AW Lynn A. Cataldo Revocable Trust #7958, a,/ Alyse Ticker #7959 dad McBride, Richard & Frank& Sons Inc. #7965 62 C Very truly yours, 6 & a C-� � By Christine DeSalvo Joseph E. Sanzano, Planning Director JES/cd Division of Planning &Environment H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,2^d FI 0 P.O.BOX 6100■ HAUPPAUGE,NY 11788-0099 0 (631)853-5191 • 4 eate.... RECEIVED FORM NO. 3 TOWN OF SOUTHOLD JUL 3 0 2024 BUILDING DEPARTMENT SOUTHOLD,N.Y. ZONING BOARD OF APPEALS NOTICE OF DISAPPROVAL DATE: July 22, 2024 TO: Pat Moore (Cataldo) I 51020 Main Road Southold, NY 11971 Piease take notice that your application received May 30, 2024 Jv For permit to: Legalize as-built additions and alterations to an existing accessory building at: Location of property: 9490 Main Road,East Marion,NY County Tax Map No. 1000—Section 31 Block 10 Lot 2 Is returned herewith and disapproved on the following grounds: The existing construction, on this non-conforming 18,468 sq. ft. parcel in the Residential R-40 District, is not permitted 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." Authorized Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file,Z.B.A. t Fee:$ Filed By: Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE House NO. 9490 Street Main Road Hamlet East Marion SCTM 1000 Section 31 Block 10 Lot(s)2 Lot Size .42 acreas Zone R-40 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATEDJuly 22,2024 BASED ON SURVEY/SITE PLAN DATEDApril 27,2023 J D Owner(s):Lynn A.Cataldo Revocable Trust dated February 8,2023 rlece1 U Mailing Address: 9490 Main Road,East Marion NY JUL 631-680-7723 Icatpt37@gmail.com Zoning e0ard of Telephone: Fax: Email: 4ppeal3 NOTE:In addition to the above,please complete below if application is signed by applicant's attorney,agent,architect, builder,contract vendee,etc.and name of person who agent represents: Name of Representative:Patricia C.Moore forRlOwnerDther: Address: 51020 Main Road,Southold NY 11971 Telephone:631-765-4330 Fax: Email:.pcmoore@mooreattys.com lease check to specify who you wish correspondence to be mailed to,fro h above names: Applicant/Owner(s), Authorized Representative, Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED4-27-23 and DENIED AN APPLICATION DATED May 20,2024 FOR: ✓ Building Permit Certificate of Occupancy ( )Pre-Certificate of Occupancy Change of Use Permit for As-Built Construction ,i Other: interior alterations to preexisting dwelling Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: Section: Subsection: Type of Appeal. An Appeal is made for: ✓ A Variance to the Zoning Code or Zoning Map. A Variance due to lack of access required by New York Town Law-Section 280-A. Interpretation of the Town Code,Article Section ✓ Reversal or Other Dawson Case,Apellate Division-permitted residentila use A prior appeal( )has, ( )has not been made at any time with respect to this property,UNDER Appeal No(s). Year(s). . (Please be sure to research before completing this question or call our office for assistance) Name of Owner: ZBA File# i RECEIVED JUL 3 U 2024 REASONS FOR APPEAL (Please be specific,additionalsheets may be used with preparer's signatur pgJ)QARD OF APPEALS i.An undesirable change will not be produced in the CHARACTER of the neighbor or a.detriment to nearby properties if granted, because: No change is proposed to the. character of the neighborhood. The appeal is only for "as built" interior improvements to the existing bungalow which have been made over the years. In 1973 the owner at the time obtained a pre-CO for the pre-existing one-story dwelling. The housing report listed the living space in the rear bungalow as on.slab, with an attached garage used as the utility room and storage area to the bungalow. In 1973 the report lists the living area containing a kitchen, living room, one bedroom, a bathroom and dressing room. The bungalow was rented in 1973 to Mr. and Mrs. Dwight Beasley. The . bungalow continued to be occupied after 1973. The property was purchased by Lyn Cataldo in 1998. Her spouse Lois is.a skilled carpenter and contractor, and she updated,the interior of the bungalow. One of the improvements was to convert the garage/storage to the existing living room. The "dressing room" (2"d small bedroom) was connected.to the larger bedroom. The. doorway was changed to the 2"d bedroom so it would have a separate door to the hallway rather than through the other bedroom. The size of the bedrooms otherwise remained the same. .A new window is required (proposed) for the bedroom to meet current building codes. In 2018 the bungalow was rented to the current occupant, Sandra Chapin. She is a single woman and self-employed message therapist. She lives and works in Southold Town and her rent is only $1,400/month. The bungalow has a pre- CO and is a legal preexisting use. It is not required to obtain a special exception permit as a new accessory apartment. The owner wants to keep the long-term tenant but is required to obtain a rental permit. She is injustice: court until the rental permit is issued. The interior improvements to the preexisting bungalow are the subject of this application. RECEIVED The interior renovations were discovered by the building JUL 3 0 2024 il'y department only because Ms. Cataldo applied to the building 1 department for a rental permit. Prior to the date of4MING BOARD OF APPEALS required inspection for the rental permit, the building department cancelled the inspection because the floor plan submitted by Ms. Cataldo did not match the living space as it was described in the pre-CO paperwork of 1973. Ms. Cataldo was told to submit a building permit which would be denied due to the interior alterations to the preexisting bungalow. A building permit was wrongly denied. The reason given on the notice of disapproval is that "a nonconforming building containing a nonconforming use shall not be enlarged, reconstructed, or structurally altered or moved, except...unless the use of such building is changed to a conforming use". (Town Code-280-123) That is not correct, the issue has been litigated to the Appellate Division and a preexisting bungalow is a "preexisting nonconforming building with.a conforming use." The bungalow has a certificate of occupancy. Since 2004 the building department is required to follow the Appellate Division interpretation of 290-122 & 123. A.cottage or a bungalow is a permitted use and 280-122, not 280-123, must be applied. In the Dawson case, a cottage was determined to'be is a residential dwelling situated on the same lot as a primary residential dwelling, the cottage constituted a nonconforming building'rather than a nonconforming use and was entitled to a certificate of'occupancy (see Matter of Dawson v Zoning Board of Appeals of Town of Southold, 12 AD3d 444, 785 N.Y.S 2d 84, 2004 (Slip Opinion 08101) Amzalak v Incorporated Vil. of Val. Stream, 220 NYS2d 113 [1961]; Southold Town Code §§ 100-13, 100-240 et seq.). Town Code 280-122 is applicable to the Cataldo bungalow. The bungalow has a pre-certificate of occupancy and is a conforming residential use. Pursuant to Town Code 280-122 A. Nothing in this article shall be deemed to prevent the alteration or enlargement of a nonconforming building containing a conforming 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. RECEIVED JUL 3 0 2024 qjZ-19 Even if a preexisting nonconforming building containing a con MR f L 5gPF APPEALS destroyed or damaged 280-122 B. the structure can be reconstructed. See 280-122 B. Reconstruction of a damaged building,f1Nothing in this chapter shall prevent the complete restoration of a building destroyed by accidental cause such as fire, flood, explosion, .riot, or act of God, nor prevent the continuance of the use of such building or part thereof. Such restored building shall not exceed the dimensions of the building destroyed. The interior of the bungalow was improved after 1973, the garage storage area was converted to a living room and the "dressing room" is a small bedroom. A new window for the bedroom has been proposed (code compliance for egress), The exterior dimensions.of the bungalow have not changed. The interior of the bungalow was last updated in 2014. The interior renovations included.relocating the door openings to improve the interior'flow of the rooms. A separate living room from the dining. room was provided, and a door into the hallway to the 2nd bedroom was added. These interior modifications do not "increase the degree of nonconformance". The bungalow remains substantially unchanged. The setbacks and exterior dimensions of the building are the same. 2 The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: A variance is not required, the bungalow is a residential use, and the building is preexisting. Alterations to the interior of the bungalow.are specifically allowed.in 280-122. This appeal is unnecessary, as confirmed by the Appellate Division in the Dawson Case. The applicant-wants to provide a clean, safe, affordable living space to a long-term tenant. 3. The amount of relief requested is not substantial because: A dressing room (originally a"changing room" or nursery attached to the bedroom) made into a small separate.bedroom and the garage storage area.converted to the living room is not an increase in the degree of nonconformity, the bungalow remains a small dwelling accessory to the principal home, the relief requested is minimal. The total living space is only 744 SF and provides a comfortable RECEIVED JUL 3 0 2024 living space for the long-term tenant. The tenant has been 9NIN 9?A5 PPEALS since 2018 and there is no intent to evict her. The rent is affordable and highly desired in East Marion. .The rent helps the owner and occupant of the principal dwelling pay the carrying costs of the property and provides housing in East Marion. 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: Because the building department has required a building permit for the interior alterations the applicant is updating the existing sanitary system and connecting to public water. The sanitary system has'been updated over the years: The original brick system was abandoned and replaced years ago. The house has been occupied by two people and the bungalow is currently occupied by a single woman. There is no adverse physical or environmental impact to the neighborhood or.district. 5. Has the alleged difficulty been self-created? { } Yes, or {X} No Why: The bungalow is preexisting and the interior space is existing. Updating the interior living space was not believed to necessitate a building permit. The garage door of the storage_space was replaced with French doors. There was no structural change to the opening required. Door openings to the interior partition walls to improve the interior circulation of the space were nonstructural. Since Ms. Cataldo's spouse was doing her own work, as a professional she knew what was structural requiring a building permit and what was cosmetic. The interior work was cosmetic. Her work was professional and performed by licensed professionals following the New York State building code.: a. Are there any Covenants or Restrictions concerning this land? {X ) No { } Yes (please furnish a copy) b. This is the MINIMUM that is necessary and adequate, and at the same.time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. By signing this document, the PROPERTY OWNER understands that pursuant to Chapter 280- 146(B) of the Code of the Town of Southold, any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk, within three (3) years from the date such variance was granted. The Board may, upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one (1) year terms. IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN. RECEIVED JUL 3 U. 2024 ZONING BOARD OF APPEALS Signature of Applicant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn to before me this ;26' day of j , 20-?,,/— 00 S- l Notary Public KYLEE S DEFRESE NOTARY PUBLIC-STATE OF NEW YORK No.01 DE6420156 Qualified in Suffolk County My Commission Expires 08=02-2025 Matter of Dawson v Zoning Bd.of Ar,_Js of Town of Southold,12 A.D.3d 444(2004, 785 N.YS.2d 84,2004 N.Y.SIip�Op.408101 �m ���J�W�• �� � �m• �� V�•� issue a certificate of occupancy for the petitioners' cottage. *445 ,, 1 New York �j,Oflicial&oports: Ordered that the judgment is modified,on the law,by deleting 12 A.D.3d 444,785 N.Y.S.2d 84,2004 N.Y.Slip Op.08101 the provision thereof directing the Zoning Board of Appeals of the Town of Southold to issue a certificate of occupancy for **1 In the Matter of Christine the petitioners' cottage and substituting therefor a provision Dawson et al.,Respondents directing the Zoning Board of Appeals of the Town of v Southold to direct the Building Department of the Town of /� co Zoning Board of Appeals of Southold to issue a certificate of occupancy for the petitioners' '4 Town of Southold,Appellant. cottage as an accessory use to the primary residential building J A on the subject lot; as so modified, the judgment is affirmed, V� Q�Supreme Court,Appellate Division, with costs to the petitioners. p Second Department,New York Jv 4? 2003-06671,29193/02 The Supreme Court properly concluded that the November 8,2004 determination of the Zoning Board of Appeals of the Town ?(� of Southold (hereinafter the ZBA) to grant the petitioners = CITE TITLE AS:Matter of Dawson v a conditional area variance for their cottage was arbitrary, �O Zoning Bd.of Appeals of Town of Southold capricious, and not supported by substantial evidence. With respect to the interpretation of the terms of a zoning HEADNOTE ordinance,a determination'by a Zoning Board of Appeals is entitled to great weight provided that such interpretation is Municipal Corporations neither irrational, **2 unreasonable, nor inconsistent with 'Li;nirig, � the governing statute(see'F Matter of Nadell v Horsley;264 Variance AD2d 422[1999];iL utiEr.of riryyp=Ef/irftable Fifth Ave. Co. v Gli',d tun, 62 NY2d 539, 545 [1984]). Its determination Determination to grant petitioners conditional area variance must be sustained if it has a rational basis and is supported by for their cottage was arbitrary, capricious, and not substantial evidence(see Matter of Nadell v Horsley,supra). supported by substantial evidence—cottage, residential dwelling situated on same lot as primary residential The cottage;a residential dwelling situated on the same lot as dwelling, constituted nonconforming building rather than a primary residential dwelling, constituted a nonconforming nonconforming use; since Zoning Board of Appeals building rather than a nonconforming use (see Amzalak v unreasonably and erroneously determined that cottage fell Incorporated Vl. of Pal. Stream, 220 NYS2d 113 [1961]; into latter category, it incorrectly focused upon whether Southold Town Code §§ 100-13, 100-240 et seq.). Since cottage had been abandoned for at least two years rather the ZBA unreasonably and erroneously determined that the than whether it had been continuously maintained; since cottage fell into the latter category, it incorrectly focused no evidence was presented refuting claim that cottage had upon whether the cottage had becn abandoned for at least two been continuously maintained, petitioners were entitled to years rather than whether it had been continuously maintained certificate of occupancy for cottage as accessory use to (see Southold Town Code § 100-13). Since no evidence was primary residential building on subject lot. presented before the ZBA refuting the petitioners'claim that the cottage had been continuously maintained,the petitioners were entitled to a certificate of occupancy for the cottage as In a proceeding pursuant to CPLR article 78 to review a an accessory use to the primary residential building on the determination of the Zoning Board of Appeals of the Town of subject lot. Southold dated October 3,2002,the Zoning Board of Appeals o Moreover, while the Supreme Court properly annulled the f the Town of Southold appeals from a judgment of the Supreme Court,Suffolk County(Tanenbaum,J.),dated June ZBA's determination, it erred in directing the ZBA to issue 30,2003,which annulled the determination and directed it to a certificate of occupancy. The Building Department of the Town of Southold,not the ZBA,is vested with the authority to WL`STLAW °0 . ^ri rtil7i os "_',t!`.;�,, th-1 r,IA-1, rc,3r1ti,r)ii`t-,ie j,'_; r � Matter of Dawson v Zoning Bd.of Ai�.,__ ds of Town of Souihoid;12 A.D.3d 444(200A., 785 N.Y.S.2d 84,2004 N.Y.Slip Op.081.01 " issue certificates of occupancy.Santucci,J.P.,Luciano,Skelos and Lifson,JJ.,concur. Copr.(C)2024,Secretary of State,State of New York End of Document O 2024 Thomson Reuters.No claihi`$o r)'d '�U.S..Goverrimefit Works: RECEIVED ] JUL 3 U 2024 ZONING BOARD OF APPEALS [±p`y'{�>-µ.1,. Y,V 4:..?P'L AIA . ...J. ��4a2. .A 4, Z t �.r t}4�..•�aSfY���.f°i j6A4:'�3 a�) Y v.7 .. ,'.� FORM NO. 4 RECEIVED TOWN OF SOUTHOLD JUL 3 0 2024 BUILDING �Dfl?ARTMENT'- Town Clerk's Office Southold, N. Y. ZONING BOARD OF APPEALS Certificate Of Occupancy No. Date . . . . . . . . . . . . . . .? ►. . �8. . ., 19.7.3. THIS CERTIFIES that the building located at .S/a Plain .goad . . . . . . . . . . . Street Map No. . .X=. . . . . Block No. . XZZ .Lot No. ,Y30CX.E"t=..`Merio>al?� F®Quente for :crier_Tamil diivlli:nQ Housings Code 7 conforms substantially to the' bullt ftrtitioite Of _oacnpano� QM-. •before• April. 23. , 19. .57 pursuant to which> .. o.Z. 5265. dated . . . . . . . . . . . . .Julg . . . . 459.73., was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is .psiV4t*. Me.1VA41Y. 8W9 AU6 A a!C 0. e ott X* .(iu rear) g age The certificate is issued to . )[inns .&.LiJA& JAiliX14. . . . %Merd. . . . . . . . . . .. . . . . . . (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval . . . .Pre-,esiatln6 . . . . . . . , , . . . UNDERWRITERS CERTIFICATE No. . . . PX1P1-!. e34stiD6, , , , , , , . , , , HOUSE NUMBER. .9490. . . . . .Street. . . .Ka.in.RoAd :. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Faoaeption.to. Housing.Code t . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . t* Rear enterance to kitchenette no light snitch 529b to ReadrodE.under 7 0-6" Art 1-201 3• Cellar Loose light fixtnrea q & open else boxes• . . •528a- . . • • • . • • . 4• Garage Open else bootee Buildln�Al ctor '� RECEIVED HOUSING CODE_,-1NSPECT.ION JUL 3 0 2024 July 17, 1973 ZONING BOARD OF APPEALS 9490 Main Road Ea st Marion, N.Y. R-2 Tax Roll'® Minas Si'liris and Wife Occupants - ,main house. ` opi. .•request of the Southold Town Building Department, I ma ;;inspection of the 'dwellings ,on these premi-s'es and found de the following violations of Local Law #.1, Housing Code,- Town of Southold Ownera.residence: two story framed dweliing, 'hot water heat, supplied to every room, partial full cellar. Fir;st,:.Floor..; - consists of kitchen with kitchenette, living room, d1g ng room; a former porch which•has been :converted to an office and sitting room, and full bathroom•. Rear entrance to kitchenette, no means of controlling light in room on entry - Section'529b. Second Floor - consisting .of thtee, bedrooms and one bath - ce— i� ng -height under 7'6" violation of Building Zone ` -Ordinance, Town-of Southold - Article I, Section 101, Floor .Area Livable. Cellar -- ceiling light fixture not securely fastened, north erid. - Section 528a.. Ceiling light fixture and-roundbox assembly not fastened and' supported by BX; cable •on]y - Section 528a. Three open junction boxes require plates .- Section 528a.- .Rear Bungalow., Tenant' =` Mr.:—and.Mrs. Dwight Beasley One story framed, hot water heat supplied to each room, constructed on 'sla$ with attached garage' used as utility room and storage area. Living area consists of kitchen, living room, one bedroom, bathroom and dressing room. Garage-to the left of doorway there is an open junction box and an outlet that is• not' secure to box r Section 528a. I began inspection az approxlmate-1y• 107:30 a.m. and V' Fletea at approximately 11:20 p.m. •Mrs. Siliris accompanied me during inspection. "e'etfull : bivat'tted, Edward"din Hind:rntann Builg Inspector, EH:tle NI OAca C= C14 LL Al C. a Ul t\lil\(.') OF L-Ar-io sloc-e NlAt ION C%%'M IT 1 0, N 'Y 'k ll#r 'ar fr fAOJ F v.- v-41. ow IL At IAW I;. J I �P f I��,,,�� ` 1 ®/yam/ /!.�_ 1 .L�r,�/� L � � /.•�r1 If �, f( '® / r j i � A -.. - s� I I 010 B Po A R WA i I� _ -' 1 ' RECEIVED Southold; T. -3- JUL 3 0 2024 Section 3. ZONING BOARD OF APPEALS Section V of the Ordinance Prohibiting and Regulating the Disposal of Garbage and Rubbish adopted 3-23-48 and amended in its entirety 6-25-65 is hereby amended to read as follows: "A. Any person committing an offense against any provision of this ordinance shall, upon conviction thereof, be guilty of a violation punishable by a fine not exceeding two hundred fifty dollars ($250.) or by imprisonment for a term not exceeding fifteen (15) days, or by such fine and imprisonment. The continuation of an offense against the provisions of this ordinance shall constitute, for each day the offense is continued, a separate and distinct offense hereunder. "B. Any person committing an offense against the provisions of this ordinance shall be subject to a civil penalty enforcable and collectible by the town in the amount of one hundred dollars ($100.) for each such offense. Such penalty shall be collectible by and in the name of the town for each day that such violation shall continue. "C. In addition to the above-provided penalties, the Town Board may also maintain an action or proceeding in the name of the town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this ordinance." I � �Sectio 4. S=coo 1y100=-of-'=Lo�afl�iraw Na�l��1967—.,entitle_d�"A�Loca�LL w-Es ab-1%i?shing �a-Housng�G_o:de��fo.rT'_th'e�;to-wn,nofr5opwthold, is hereby amended to read as follows: "A. Any person committing an offense against any provision of this i local law, or any person who fails to comply with a notice or order within the time limit stated thereon, shall, upon conviction thereof,' be guilty of a violation punishable by a fine not exceeding two hundred fifty dollars ($250.) or by imprisonment for a term not exceeding fifteen (15) days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this local law shall constitute, for each day the offense is continued, a separate and distinct offense hereunder. I RECEIVED Southold, T. -4- JUL 3 U 2024 ZONING BOARD OF APPEALS ,B., I,n, addition to the above-provided penalties, the Town Board may also maintain an action or proceeding in the name of the town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this local law." Section 5. Section- VII of an Ordinance Licensing and Regulating Secondhand Junk and Auto Parts Activities and Businesses adopted 8-10-65 is hereby amended to read as follows: "A. The owner or licensee of any such place of business who commits or permits the commission of any offense against any of the provisions of this ordinance shall be deemed to have committed a violation and shall be liable for any such offense or the penalty therefor. Each day such I offense shall continue or be permitted to exist shall constitute a separate offense. "B. For every offense against any provision of this ordinarice, �'the person committing the same shall, upon conviction thereof, be subject to a fine of not more than two hundred fifty dollars ($250.) or imprisonment not exceeding fifteen (15) days, or by both such fine and imprisonment. "C. Conviction for any above-mentioned offense shall constitute and effect an immediate forfeiture of the license. "D. Any person committing an offense against this ordinance shall, upon conviction thereof, be subject to a civil penalty enforceable and collectible by the town in the amount of one hundred dollars ($100.) for each such offense. Such penalty shall be collectible by and in the name of the town for each day that such offense shall continue. "E. in addition to the above-provided penalties and punishment, the Town Board may also maintain an action or proceeding in the name of the town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the offense against such ordinance." I I s <� 1 U Font iO. 4 RECEIVED TOWN OF SOUTMXD JUL3 U Buimlam D" 2024 Town Clerks OWee Soadrold, N. Y. 11971 ZONING BOARD OF APPEALS ' APPLICATION FOR CERTIFICATE OF OCCUPANCY Indnwtioee A. This.application must be filled in typewriter OR ink, and submitted in duplicate to the Building Inspector with the following;, for new buildings or new use: 1. Final survey of property with accurate location of all buildings, property lines, streets, and unusual natural or topographic features. 2. Final approval of Health Dept. of water supply and sewerage disposol—(S-9 form or equal). 3. Approval of electrical installation from Board of Fire Underwriters. - 4. Commercial buildings, Industrial buildings, Multiple Residences and similar buildings and installations, a certificate of Code compliance from the Architect or Engineer responsible for the building. 5. Submit Planning Board approval of completed site plan requirements where applicable. B. For existing buildings (prior to April 1957), Non-conforming uses, or buildings, and "pre-existing" land- uses: 1. Accfiate rsuivey of property showing all' properly tines, streets, buildings and unusual natural or. `topographlc;"features. 2. Sworn statement of owner or previous owner as to use, occupancy and condition of buildings. 3. Date of any housing code or safety Inspection of buildings or premises, or other pertinent in- formation required to prepare a certificate. C. Fees: 1. Certificate of occupancy $5.00 2. Certificate of occupancy on pre-existing dwelling or land use $5.00 3. Copy of certificate of occupancy $1.00 ' Date .::: ............... New. Building .................... Ol&or Pre-existing Building ...X..................... Vacant Land ........................:... Location Of Property SlS_.Main,.Road:,..East,.Marion, New,.York.....11939.... ... . .. . ..... . . ....... ............... ......... .. ... Owner Or Owners Of Property .....M?:nas..and..Li nda Siliris .... ..:........ ........................:.....................................: Subdivision .......$/A..................................................Lot No.NIA..... Block No. .N/A... House No.N/A.... Permit No. ....EZAL........ Date Of Permit XIA...........Applicant ................................. ............... Health Dept. Approval .............N�A.......................Labor Dept. Approval ........N1A................................ Underwriters Approval ...N!A...................................Planning Board Approval ..N/A.............................. Request For Temporary Certificate ....... ................................ Final Certificate ......X................................. Fee Submitted $....S.:=....................... Construction on above described building and.permit meets all applicable et'' y. Lefferts P. Edson Es Applicant ... ... ... .".: .. ��Attorney for Minas and`.: Ada :S 1'iris� SL/GO% -to before me this 7 ...... day of .? lY&...197 3.................. (stamp or seal) "Notary Public ......Suffolk.... ..... couritY „Q r t%v iERRt amOf '?q_tWay PUBLIC, MAN tate of New TaiK _ r �tAA H►r 4t4 e":e.Y�� .7�1 ���� Fuentes, Kim From: Patricia C. Moore <pcmoore@mooreattys.com> Sent: Monday,July 29, 2024 11:24 AM To: Fuentes, Kim Cc: Sakarellos, Elizabeth;Westermann, Donna; Betsy Perkins; Kylee DeFrese; Erin Fauteux Subject: Re:ZBA Cataldo - 9490 Main Road Attachments: doc03763220240729111117.pdf; doc03763420240729111356.pdf Hi Kim: Attached is the Dawson legal case. This case should have been attached to the packets. I apologize, Erin is in training. I am also attaching the full pre-CO paperwork which describes the pre-existing bungalow. (You may have this in your file already). The application includes reversal of the building department determination that the bungalow is a nonconforming building with a nonconforming use....the bungalow is a preexisting structure with a "conforming use" (residence). Interior alterations are permitted to a "conforming use". I requested both a "variance" and reverse building department determination....I do not believe a variance is needed since there are no setback issues. Nevertheless the zoning board has treated "modifications to pre existing structures" as variances. The reversal of the building department determination because of the Dawson case....the building department should have issued a building permit when the application was filed. If you need multiple copies please let me know. �S Pat Patricia C. Moore, Esq. RECEIVED PLEASE BE SURE70'CO.P.Y.MY ASSISTANTS JUL 3 U 2024 betsv@mooreattvs.com,kvlee@mooreattvs.com,and erin@mooreattvs.com --------------------------- Mailing & Physical Address: Moore Law Offices 51020 Main Road ZONING BOARD OF APPEALS William D. Moore, Esq. Southold NY 11971 631.765.4663 Fax Number: Patricia C. Moore, Esq. 631.765.4643 631.765.4330 www.mooreattys.com On Mon,Jul 29, 2024 at 10:40 AM Fuentes, Kim<kim.fuentes@town.southold.ny.us>wrote: Hi Pat, We are in receipt of the above subject application to 1) request an area variance to legalize "as built" pre-existing non conforming use? 2) request a reversal of the Building Inspector's NOD. Please let us know which action you are taking. 1 Also, your Reason for Appeal refers to case law, Matter of Dawson v Zoning Board of Appeals; can you provide us with more information? I will forward this application to our Legal Department to review, so that we can determine when your hearing can be scheduled. rlVl� RECENti) JUL 3 U 2024 Kim E. Fuentes ZONING SOAR®OF APPEALS Board Assistant Zoning Board of Appeals Coordinator, Historic Preservation Commission 631-765-1809 kim a,sou1ho1dtownn;y.gov Location: 54375 Main Road Mail:P.O. Box 1179 Southold, AY 11971 2 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office RECEIVED Southold, N. Y. JUL 3 0 2024 ZONING BOARD OF APPEALS Certificate Of Occupancy No. X5265. . . . . . Date . . . . . . . . . . . . . . .JuAT. . . 14. . ., 1923. THIS CERTIFIES that the building located at .Sf 0 Main 209A . . . . . . . . . . . Street Map No. . .M=. . . . . Block No. . Dom. . . .Lot No. . .Z�.$ast.Mar i�i�. ��C.. . to uiremvnta for one family dwelling do Housing Code conforms substantially to the muz built Certificate of occupancy QJKt-•befor-a. April.. 23. , 19. .57 pursuant to which WOMo. Z. 5265. dated . . . . . . . . . . . . .jitayr . . . . 499.73., was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is .�1'i.Tats. GM.jfW43.y. dv4�;L:$4g 4k.A.C.,cottage .tin rear) &. gags The certificate is issued to . Hine .&.Ijtda. Hiliri,a. . . . OwAe:ro . . .. . . . . . . . . . . . . . (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval . . . .Pre",ex3 sting . . . . . . . . . . . . . . . . UNDERWRITERS CERTIFICATE No. . . . P.re a3cisting HOUSE NUMBER. -9490. . . . . .Street. . . .Na n.Ro" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exception.to Housing.Cone t . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . to Rear enterance to kitchenette no light switch 529b !. Headrocis under 71•6u Art I-201 3. Cellar Loose light fiaturosg open else boxes- - - -528a. . . . . . . . . . . . . . . it• Garage Open elee boxes Buildin o >ertor � 7( f fat en-% TOWN OF SOUTHOLD --p pj,� BUILDING DEPARTMENTS D TOWN CLERK'S OFFICE RECEIVED o • SOUTHOLD, NY JUL 3 0 2024 BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PRE aftG BOARD OF APPEALS WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit#: 40727 Date: 5/27/2016 Permission is hereby granted to: Cataldo, Lynn PO BOX 98 East Marion, NY 11939 To: electric service upgrade to 150a. At premises located at: 9490 Route 25, East Marion SCTM # 473889 Sec/Block/Lot# 31.-10-2 Pursuant to application dated 5/27/2016 and approved by the Building Inspector. To expire on 11/26/2017. Fees: ELECTRIC $85.00 Total: $85.00 Z"�uilg Inspector '05�1FFOlkt' Town of Sout-__J 7/22/2024 53095 Main Rd ><o r Southold,New York 11971 /7 �N 631-765-1802 RECEIVED Ir JUL 3 0 2024 COMPLAINT ZONING BOARD OF APPEALS To: Cataldo, Lynn Complaint#: 2022-1148 PO BOX 98 SCTM#: 31.4 0-2 East Marion,NY 11939 Follow-up Inspection Date: 6/2/2022 Location: 9490 Route 25 PLEASE TAKE NOTICE,a complaint has been registered against the location described above,in that the above named individual(s) did commit or permit to occur the following offense: Co,,mplof�n©$BP�£orcatta_gesiid�n lro=per rmt� This condition constitutes a violation of: When on 5/19/2022,I did observe the following: This property will be re-inspected for compliance on: 6/2/2022 Arthur Bloom RECEIVED MOUSING CODE 'IN'SPECTION 3V1 3 0 2024 • �7u1y�1�7-'�1�9�73� 9490 Main Road ZONING BOARD OF APPEALS East Marion, N.Y. R-2 Tax Ro•11l: Minas Siliris and wife Occupants - ,main house Upon', request of the Southold Town Building Department, I made inspection of the dwellings on these premises and found the -following violations of Local Law #1, Housing Code,- Town of Southold Owners residence: two story framed dwelling, hot water heat, supplied to every room, partial full cellar. First Floor - consists of kitchen with kitchenette, living room, d -d-ng room,' a former porch which-has been converted to an office and sitting room, and full bathroom-. Rear entrance to kitchenette, no means of controlling light in room on entry - Section ' 529b. Second Floor - consisting .of three bedrooms and one bath - ceiling height under 7 ' 6" violation of Building Zone Ordinance., Town- of Southold - Article I , Section 101, Floor Area Livable. Cellar - ceiling light fixture not securely fastened, north end - Section 528a. Ceiling light fixture and round box assembly not fastened and supported by BX cable .only - Section 528a. Three open junction boxes require plates .- Section 528a.- Rear Bungalow Tenant - Mr.. and- Mrs. Dwight Beasley One story framed., hot water heat supplied to each room, constructed on 'sla-b with attached garage- used as utility room and storage area. Living area consists of kitchen, living room,,_,on_feVbeUr o, bathroom and dressing room. Garage.-to the left of doorway there i.s an open junction box and an outlet that .is• not' secure to box - Section 528a. I began inspection at approxiinately' 10•:30 a.m. and completed at approximately 11:20 p.m. -Mrs. Siliris accompanied me. during inspection. R pectfull s bmftted, iobe, - Edward Hind rmann- Building Inspector. EH:tle• The LYNN A. CATALDO REVOCABLE TRUST RECEIVED 910 Article One JUL 3U 2024 Establishing the Trust ZONING BOARD OF APPEALS The date of this trust is February 8,2023. The parties to this trust are LYNN A.CATALDO (the Grantor) and LYNN A. CATALDO (the Trustee). I intend to create a valid trust under the laws of New York and under the laws of any state in which any trust created under this trust document is administered. The terms of this trust prevail over any provision of New York law, except those provisions that are mandatory and may not be waived. Section 1.01 Identifying the Trust For convenience,the trust may be referred to as: "The LYNN A. CATALDO REVOCABLE TRUST dated February 8, 2023." To the extent practicable, for the purpose of transferring property to the trust or identifying the trust in any beneficiary or pay-on-death designation,the trust should be identified as: "LYNN A. CATALDO, Trustee of the LYNN A. CATALDO REVOCABLE TRUST dated February 8, 2023, and any amendments thereto." For all purposes concerning the identity of the trust or any property titled in or payable to the trust, any description referring to the trust will be effective if it reasonably identifies the trust and indicates that the trust property is held in a fiduciary capacity. Section 1.02 Reliance by Third Parties Third parties may require documentAtion to verify the existence of this trust, or particular provisions of it, including the name of the Trustee or the powers held by the Trustee. To protect the confidentiality of this instrument, the Trustee may use an affidavit or a certification of trust that identifies the Trustee and sets forth the authority of the Trustee to transact business on behalf of the trust instead of providing a copy of this instrument. The affidavit or certification may include pertinent pages from this instrument, including title or signature pages. A third parry may rely upon an affidavit or certification of trust that is signed by the Trustee with respect to the representations contained in it. A third party relying upon an affidavit or certification of trust will be exonerated from any liability for actions the third party takes or does not take in reliance upon -the representations contained in the affidavit or certification of trust. LYNN A. CATALDO REVOCABLE TRUST 1-1 BURNER LAW GROUP,P.C.,12 RESEARCH WAY,EAST SETAUKET,NEW YORK 11733 1 (631)941-3434 sd RECEIVED JUL 3 U 2024 ZONING BOARD OFgppFALS Illiill I I II IIIII Illli IIIII IIIII Illl l I I I I I IIIII 1111 IIII I IIIIII IIIII 111111111 IN SUFFOLK COUNTY CLERK . RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Recorded: 07/12/2024 Number of Pages: 4 At: 09:55:38 AM Receipt Number : 24-0086569 - TRANSFER TAIL NUMBER: 23-36039 LIBER: D00013255 PAGE: 502 -District: Section: Block: Lot:, 1000 031.00 10.00 002.000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $20.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15.00 NO EA-CTY. $5.00 NO EA-STATE $125.00 NO TP-584 $5.00 NO Notation $0.00 NO Cert.Copies $0.00 NO RPT $200.00 NO Transfer tax $0.,00. NO Comm.Pres $0.00 NO Comm.Pres Fund $0.00 NO Comm.Housing Fund $0.00 NO Fees Paid $395.00 TRANSFER TAX NUMBER: 23-36039 THIS PAGE IS APART OF THE INSTRUMENT THIS IS NOT A BILL VINCENT PULED County Clerk, Suffolk County F21 RECEIVED RECOP,DED Number of pages 'I 202�3 Jul 12 VINCENTO9-5509 PULEO arl JUL 3 0 2024 CLERK OF This document will be public SU FOLK 131-55 COUNTY ZONING BOARD L record.Please remove all P 502 OF APPEALS Social Security Numbers DTI! 23-36039 prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES 'Page/Filing Fee Mortgage Amt. 1.Basic Tax Handling 20• 00 2. Additional Tax TP,-584 S Sub Total Notation SpecJAssit. or EA-5217(County) Sub Total Spec./Add. EA-5217(State) i?r5_ TOT.MTG.TAX Dual Town Dual County R.P.T.SA. Held for Appointment Comm.of Ed. 5. 00 TransferTax Affidavit • • Mansion Tax r`' Certified Co The property covered by this.mortgage is Copy or will be improved by a one or two NYS Surcharge 15. 00 family dwelling only. Sub Total YES or NO Other 3 a s Grand Total If NO,see appropriate tax clause on 6j page# of this instrument. . 0 2l p�aoa 3 4 Di _ Zgp21gg� i000 o3ioo =000•002000 102.000 5 Community Preservation Fund Real Prc P T S II'I i Consideration Amount$ _ T Agen Rx i�una I IIIII UtI� III III'I III CPF Tax Due $-- 0 Venfica Improved_r e- 6 5atisfactioss/Discharges/Releases L'isi Property Owners Whiling Address RECORD&RETURN TO: Vacant Land TD (OOO Bumer Law Group,P.C. 12 Research Way TD East Setauket,NY 11733 TD Mail to; _Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, W 11901 Co.Name. www.suffolkcountyny.gov/clerk Title# 8. Suffolk County Recording & Endorsement Page This page forms pan of the attached Warranty Deed made by. (SPECIFY TYPE OF INSTRUMENT) LYNN CATALDO The premises herein is situated In SUFFOLK COUNTY,NEW YORK TO In theTOWN of Southold The Lynn A.CaMido Revocable Trust In the VILLAGE or HAMLET of East Marion BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over IMPORTANT NOTICE RECEIVED J �o (JL 3 0 2024 If the document you've just recorded is your SATISFACTION OF MORTGAGE,please be aware of the following: ZONING BOARD OF APPEALS If a portion of your monthly mortgage payment included your property taxes,"you will now need to contact your local Town Tax Receiver so that you may be billed directly for all future property tax statements. Local property taxes are payable twice a year on or before January 10. and,on,or before May 31 Failure to make payments In a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes 200 East Sunrise Highway 200 Howell Avenue North Lindenhurst,N.Y. 11757 Riverhead,N.Y. 11901 (631)957-3004 (631)727-3200 Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes One Independence Hill Shelter Island Town Hall Farmingville,N.Y.11738 Shelter Island,N.Y. 11964 (631)451-9009 (631)749-3338 East Hampton Town Receiver of Taxes Smithtown Town Receiver of Taxes 360 Pantigo.Place 99 West Main Street East Hampton,N.Y.11937 Smithtown,N.Y. 11787 (631)324-2770 (631)360-7610 Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes 100 Main Street 116 Hampton Road Huntington,N.Y. 11743 Southampton,N.Y. 11968 (631)351-3217 (631)283-6514 Islip Town Receiver of Taxes Southold Town Receiver of Taxes 40 Nassau Avenue 53095 Main Street Islip,N.Y. 11751 Southold,N.Y. 11971 (631)224-5580 (631)765-1803 I;inrprpiv. Suffolk County Clerk dw 2/99 na,o�.oeraem WARRANTY DEED WITH FULL COVENANTS RECEIVED (INDIVIDUAL AND CORPORATION) FORM 8003(short version),FORM 8008(long version) JUL 3 0 2024 CAUTION:THIS AGREEMENT SHOULD BE PREPARED BY AN ATTORNEY AND REVIEWED BY ATTORNEYS FOR SELLER AND PURC ER BEFORE SIG G. THIS INDENTURE,made the .day of 20Z between ZONING gpgRp OF AFFEqLS LYNN CATALDO,9490 Main Road,East Marion,New York 11939, party of the first part,and LYNN A.CATALDO,.Trustee of THE LYNN A CATALDO REVOCABLE TRUST dated 2/8/2023, 9490 Main Road,'East Marion,New York 11939,party of the second part, WITNESSETH,that the party of the first part, in consideration of Ten Dollars and No Cents ($10.00)and other valuable consideration paid by the party of the second part,does hereby grant and release unto the party of the second part,the heirs or successors and assigns of the party of the second part forever, ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected, situate,lying and being in the Village of East Marion,Town of Southold,County of Suffolk,and State of New York,more particularly described in Schedule A attached hereto; SAID PREMISES BEIdN KNOWN AS AND BY 9490 Main Road,East Marion,New York 11939. BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by deed dated July 10,1998 and recorded on July 21,1998 in the Suffolk County Clerk's Office of the State of New York in Liber No.11906,Page No.32. TOGETHER with all right,title and interest,if any,of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the fast part in and to said premises, TO HAVEAND TO HOLD the premises herein granted unto the party of the second part,the heirs or successors and assigns of the party of the second part forever. AND the party of the first part,in compliance with Section 13 of the Lien Law,covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the costs of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. AND the party of the first part covenants as follows: FIRST.That said party of the first part is seized of the said premises in fee simple,and has good right to convey the same; SECOND.—That the party of the second part shall quietly enjoy the said premises; THIRD That the said premises are free from encumbrances,except as aforesaid; FOURTH.That the party of the first part will execute or procure any further necessary assurance of the title to said premises; FIFTH.—That said party of the first part will forever warrant the title to said premises. The word"party"shall be construed as if it read"parties"whenever the sense of this indenture so requires. District:1000,Section:031.00,Block:010.00,Lot:002,000 New York Residential Real Estate Farms -1- 0 2023 Matthew Bender&Company,Inc.,a member of LexisNcAs. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. �6, RECEIVED By:LYNN CATALDO JUL 3 0 2024 Acknowledgment by a Person Within New York State(RPL§309-a) STATE OF NEW YORK ) ZONING BOARD OF APPEALS )ss.. COUNTY OF SUFFOLK ) On the day of in the year== ,before me,the undersigned,personally appearea LYNN CATA DO,personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s)is(are).subscribed to the within instrument and acknowledged to me that she executed the same in her capacity(ies), and that by her signature(s)on the instrument,the individual(s),or the person upon behalf of which the individual(s)acted,executed the instrument. ' D Marisa Caan1ne M ry No.01�894 Yodc (si nature aiid office�n 'dual taking acknowledgment) commla� kdc-nr Warranty Deed Title No.- District 1000 Section 031.00 LYNN CATALDO Block 010.00 To Lot aftmB OOa•OOO LYNN A,CATALDO,Trustee of County or Town Suffolk,Southold THE LYNN A.CATALDO Street Address 9490 Main Road REVOCABLE TRUST East Marion,New York 11939 Return By Mail To: Nancy Burner Burner Law Group,P.C. 12 Research Way East Setauket,New York 11733, Reserve This Space For Use Of Recording Ounce District:1000,Section:031.00,Block:010.00,Lot:am 00�-•a na New York Residential Reel Fsteto Forms -2- 0 2023 Matthew Bender&Company,Inc.,a member of LexisNecis. RECEIVED SCHEDULE"A" JUL 3 0 ` 2024 TAX MAP: 1000-031.00-010.00-002.000 ZONING BOARD OF APPEALS ALL that certain plot,piece or parcel of land,with buildings and improvements thereon erected, situate, lying and being in the Village of East Marion,Town of Southold, County of Suffolk and State of New York,bounded and described as follows: BEGINNING at a point on the southerly side of Main Road distant 110.00 feet easterly from the comer formed by the intersection of the easterly side of Bay Avenue and the southerly side of Main Road; RUNNING THENCE North 53 degrees 52 minutes 30 seconds East 90.00 feet to land now or formerly of Merwin Baker; THENCE South 29 degrees 18 minutes 50 seconds East along the last mentioned land,208.10 feet to land of Willis Brown; THENCE South 56 degrees 12 minutes 30 seconds West along last mentioned land 90.00 feet; THENCE North 29 degrees 12 minutes 40 seconds West 204.45 feet to the southerly side of Main Road to the point or place of BEGINNING. TOGETHER with a right of way ten(10)feet in width running westerly from the southwesterly comer of the premises above described 110.15 feet to Bay Avenue. RECEIVED L 3 0 2024 APPLICANT'S PROJECT DESCRIPTION JU ZONING BOARD OF APPEALS APPLICANT: The Lynn A Cataldo revocable trust DATE PREPARED: 7-25-24 1.For Demolition of Existing Building Areas Please describe areas being removed: none H.New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: none Dimensions of new second floor: none Dimensions of floor above second level: none Height(from finished ground to top of ridge): one story @20' Is basement or lowest floor area being constructed?If yes,please provide height(above ground) measured from natural existing grade to first floor: slab on grade III.Proposed Construction Description(Alterations or Structural Changes) (Attach extra sheet if necessary).Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: garage used as storage and utility area,kitchen,living room,one bedroom,bathroom and dressing room Number of Floors and Changes WITH Alterations: living room,dining room,kitchen,bathroom and two bedrooms IV.Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: NO CHANGE Proposed increase of building coverage: NO CHANGE Square footage of your lot: 18,468 SF Percentage of coverage of your lot by building area: NO CHANGE V.Purpose of New Construction: separate living room,separate dining room and"dressing room"or nursery a separate bedroom(no change to size of room) VI.Please describe the land contours(flat,slope %,heavily wooded,marsh area,etc.)on your land and how it relates to the difficulty in meeting the code requirement(s): flat and developed. All existing buildings,no exterior expansion Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction,and photos of building area to be altered with yard view. 4/2012 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION RECEIVED A. Is the subject premises listed on the real estate market for sale? iv. -) u 624 Ill Yes X No JUL 3 U 2024 ZONING BOARD OF APPEALS B. Are there any proposals to change or alter land contours? ZONING BOARD OF APPEALS X No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? NO 2.)Are those areas shown on the survey submitted with this application? N/A 3.) Is the property bulk headed between the wetlands area and the upland building area? NO 4.) If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction? N/A Please confirm status of your inquiry or application with the Trustees: and if issued,please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No E. Are there any patios, concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? No Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? No If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? Yes If yes,please label the proximity of your lands on your survey. I. ' Please list present use or operations conducted at this parcel preexisting bungalow and primary residence and the proposed use same (ex: existing single family,proposed: same with garage,pool or other) Authorized signature and Date RECEIVED AGRICULTURAL DATA STATEMENT JUL � UL 3 0 2024 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD ZONING BOARD OF APPEALS WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval, use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant:?h+6r,,Cl, Moore 2. Address of Applicant: 5,(no MOB\n V,00A 1 50 uk(10 k ,. 3. Name of Land Owner(if other than Applicant): L\4n,r\ A. Ca+W& Revocable -Tro5-F 4. Address of Land Owner: g4916 Main CZ \ , EoS-� Maxion 5. Description of Proposed Project: ,�ao►l i 2 e Q5- bu i 1�- add017k ens and o►1}erckkionS +o an ex is-k4nq rAccessbry 6iiW g- 6. Location of Property: (Road and Tax map Number) Ma%n �b I 0b0 St. 'l0 - 2 7. Is the parcel within 500 feet of a farm operation? { } Yes M No 8. Is this parcel actively farmed? { } Yes W No 9. Name and addresses of any owner(s)of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office(765-1937)or from the Real Property Tax Office located in Riverhead. NAME.and ADDRESS 1. y f�2. iA 3. 4. 5. 6. (Please a the back of this page if there are additional property owners) c —7 S nature of Applicant Date Note: 1.The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. 617.20 RECEIVED Appendix JUL 3 0 2024 Short Environmental Assessment Form Instructions for Completing ZONING BOARD OF APPEALS Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information Name of Action or Project: The Lynn A. Cataldo Revocable Trust Project Location(describe,and attach a location map): 9490 Main Road, East Marion Brief Description of Proposed Action: existing bungalow with pre-CO. Interior alterations made to existing bungalow. Building Department will not issue a building permit for interior alterations- separate living room and "dressing room" with a new door and labeled a bedroom. Name of Applicant or Sponsor: Telephone: tla Pat The Lynn A. Cataldo Revocable Trust E-Mail: Address: 9490 Main Road City/PO: State: Zip Code: East Marion �NY 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that ✓ may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: 3.a.Total acreage of the site of the proposed action? 5 acres b.Total acreage to be physically disturbed? 0 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? .5 acres 4. Check all land uses that occur on,adjoining and near the proposed action. []Urban Rural(non-agriculture) []Industrial []Commercial ✓residential(suburban) []Forest []Agriculture Aquatic ❑Other(specify): []Parkland Page 1 of 4 RECEIVED �= 5. Is the proposed action, JUL 3 it 2024 NO YES N/A a.A permitted use under the zoning regulations? Ivi TT b.Consistent with the adopted comprehensive plan? ✓ 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? V 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: R1 ❑ 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES b.Are public transportation service(s)available at or near the site of the proposed action? ✓ c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: ❑ ❑ Existing 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: scwa ❑ 1 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: new system � ❑ 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? ✓ b.Is the proposed action located in an archeological sensitive area? 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? ✓ b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? ✓ If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: []Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional ❑Wetland []Urban OSuburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? � ❑ 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? ❑✓ NO❑YES ❑✓ ❑ b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑✓ NO❑YES Page 2 of 4 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? RECEIVED If Yes,explain purpose and size: Fv-1 ❑ L ' 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? ZONING BOARD OF APPEALS If Yes,describe: Fv-1 ❑ 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: Fv-1 ❑ I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: P is c.Mo c Date: Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning El ❑ regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? ❑ ❑ 3. Will the proposed action impair the character or quality of the existing community? ❑ ❑ 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? El 1:1 5. Will the proposed action result in an adverse change in the existing level of traffic or El ❑ affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate El ❑ reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: ❑ ❑ a.public/private water supplies? b.public/private wastewater treatment utilities? El El 8. Will the proposed action impair the character or quality of important historic,archaeological, ❑ El or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, El ❑ waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 PPECEIVED No,or Moderate �'� 2��� small to large impact impact WFmay may �{►� occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage ❑ ❑ problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 RECEIVED ;71 0 JUL 3 0 2024 Board of Zoning Appeals Application ZONING BOARD OF APPEALS AUTHORIZATION (Where the Applicant is not the Owner) I,Lynn Cataldo, residing at 9490 Main Road, East Marion,NY 11939 do hereby authorize Patricia C. Moore to apply for variance(s) on my behalf from theSouthold Zoning Board of Appeals. Lynn Cataldo Sworn to before me this day of 2024 ��Jvti S - Notary Public KYLEE S DEFRESE NOTARY PUBLIC-STATE OF NEW YORK No.01 DE6420156 Qualified in Suffolk County My Commission Expires 08-02-2025 RECEIVED JUL 3 0 2024 APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) ZONING BOARD OF APPEALS The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information,which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: CATALDO LYNN,and MOORE,PATRICIA (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company. If so,indicate the other person or company name.) NATURE OF APPLICATION:(Check all that apply.) Tax Grievance Variance X Special Exception If"Other", name the activity: Dock Permit Change of Zone Approval of Plat Exemption from Plat or Official Map Other Trustees Do you personally,(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of(or employment by) a corporation in which the Town officer or employee owns more than 5%of the shares. YES NO X Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person:_ Describe that relationship between yourself(the applicant) and the Town officer or employee. Either check the appropriate line A through D(below)and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): A)the owner of greater than 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C)an officer,director,partner,or employee of the applicant;or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this day of 2024 ataldo,owner Pa r�cia C.Moore RECEIVED --� Town of Southold 7-7S JUL 3 0 2024 LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS ZONING BOARD OF APPEALS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 31 _10 _2 The Application has been submitted to(check appropriate response): Town Board ❑ Planning Dept. ❑ Building Dept. ❑ Board of Trustees ❑ 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital ❑ construction,planning activity,agency regulation,land transaction) ❑ (b) Financial assistance(e.g. grant,loan,subsidy) (c) Permit,approval,license,certification: ❑ Nature and extent of action: interior alterations to a pre-existing bungalow. Interior alterations to a conforming use (bungalow) are permitted and entitled to a building permit RECEIVED Location of action:9490 Main Road, East Marion JUL 3 0 2024 Site acreage: 18,468 SF ZONINO BOARD F APPEALS Present land use:dwelling and bungalow Present zoning classification: r-40 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant:The Lynn A.Cataldo revocable trust (b) Mailing address: 9490 Main Road, P.O.Box 98, East Marion (c) Telephone number:Area Code( ) c/o Pat 765-4330 (d) Application number,if any: Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes ❑ No❑✓ If yes,which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space,makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. ❑✓ Yes ❑ No ❑Not Applicable the preexisting bungalow is entitled to be improved and eligibable to be issued a building permit. The Bungalow pre-dates zoning and is characteristic of the community. In addition,the bungalow is currently rented and provides year round housing who works in the community. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria R] Yes ❑ No❑ Not Applicable a pre-existing bungalow predates zoning. The age of the bungalow is unknown,it is old and characteristic of the East Marion community Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria �%—g ❑✓ Yes ❑ No ❑ Not Applicable RECEIVE maintaining existing structures enhances the community and Rt.25,a scenic by-way. jUL 3 0 2024 ZONING BOARD&APPEALS Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria ❑ Yes ❑ No ❑✓ Not Applicable not subject to flooding or erosion Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria ❑✓ Yes ❑ No ❑Not Applicable public water is available and the homes will be connected to public water. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. ❑ Yes ❑No 0 Not Applicable RECEIVED S Attach additional sheets if necessary ZONING BOARD OF APPEALS Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. ❑ Yes ❑No❑✓ Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑Yes ❑ No ❑f✓ Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. ❑Yes ❑ No a Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. 7 Yes ❑ No❑✓ Not Applicable RECEIVED ���3 0 20240 2024 ZONING BOAKU Or APPEALS Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. ❑Yes ❑ No 9 Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III —Policies; Pages 62 through 65 for evaluation criteria. ❑Yes ❑ No a Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑Yes ❑ No ❑✓ Not Applicable Created on 5125105 11:20 AM j J -? ----^`^ -4 _, -- j ------ _ ,; TOWN F SOUTHOLD PROPERTY .- RECORE U 7113 STREET C VILLAGE DISTRICT SUB. LOT, "l. ue M6 , 1=0i;r%/ zt:•OWNER - N E _ ACREAGE S _: : .W TYPE OF BUILDING -� ur RES:", a j SEAS. VL. FARM COMM. IND. I CB. I MISC. LAND IMP. TOTAL DATE REMARKS -LI-P 3700 0.0 7- 0,0 s� 6 L -� / e� .sia .�l~Ar�e �� . S;LIR,s %o S/L lees f' -3 ib/9 M6 sra� ass�a.�: L.S,Zei2es %a LMr AS AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE 6 t' Farm Acre Value .Per Acre Value Q Tillable 1 TiIlable' 2 ``" _SIP 7//(o- /6 0-4= 4VZ77 Tillable, 3 Q o-- - - - Woodland W N, U_ - - Swampland w a --� ---� m --- ,,. - Brushlan House Plot Z - �- _.-N _ -Total W a d -, 1 o a 0 o � U 0 ". 0 t 110 31-10-2 09/2016 r I i M. Bldg_ - - �� Foundation —— /� 7[Bath / Extension 0 k, 3 Basement F I ! Floors 6 K - ----- -------- Extension y d Ext. Walls Y,�t"` r�� Interior Finish13 rt jt� Extension A 's �; Fire Placer Heot .3 Porch ' Attic 27 x _ 3 o _ Porch ' Rooms 1 st Floor 4z ,.---- Breezeway /,2 = ,�,� �, y s fJ 3 O ( Patio Rooms 2nd Floor Garage Driveway O. B. _.__ ---- - MEN a ON Elm --- N Elm i 0 Emmil ` f' �# ( ■ ■■■■f gn ■■ ■■..5 .. .1'. �_ �1 ■■■■'� ■■■■MEN ONE ■■■ mm I Foundation Bath • , I 1 i• Floors • Ext. WallsInterior • FireI Place HeoitI Porch �•• •••• • ••' Driveway �I n ZBA CHECK FEES - 2024 Funding Account - B2110.10 DATE NAME ZBA FILE# FEE CHECK# DATE SENT TO TCO 7/24/2024 Domeluca II, LLC 7957 $500.00 45347 8/5/2024 7/24/2024 Domeluca II, LLC 7957 $250.00 45358 8/5/2024 7/30/2024 Cataldo, Lynn A. Rev.Trust 7J�r 58 $1,500.00 302 8/5/2024 7/31/2024 Ticker,Alyse 7959 $2,250.00 1409 8/5/2024 8/5/2024 RC Church of Sacred Heart 7960SE $1,500.00 184 8/5/2024 $6,000.00 RECEIVED AUG -61 Southold Town Clerk r �. Town of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 08/06/24 Receipt#: 333785 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7957 $750.00 1 ZBA Application Fees 7958 $1,500.00 1 ZBA Application Fees 7959 $2,250.00 1 ZBA Application Fees 7960SE $1,500.00 Total Paid: $6,000.00 Notes: Payment Type Amount Paid By CK#45347 $500.00 Esseks, Hefter, Angel, Di Talia & Pasca CK#45358 $250.00 Esseks, Hefter, Angel, Di Talia & Pasca CK#1409 $2,250.00 Finnegan Law, P.C. CK#302 $1,500.00 Lynn Cataldo CK#184 $1,500.00 RC Church of Sacred Heart Building Fund Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: RC, Church of Sacred Heart PO Box 926 Cutchogue, NY 11935 Clerk ID: JENNIFER Internal ID:7960SE .g, • Jam, � �b� HE APPEALS BOARD MEMBERS tUFF01/r ®� Southold Town Ha � � O �OG� �� �7 Gerard P. Goehringer, Chairman 53095 Main Road Lydia A.Tortora ca P.O. Box 1179 George Horning ® Southold,New York 11971-0959 02 Ruth D. Oliva ZBA Fax(631)765-9064 to-11-p ts`' Vincent Orlando ®1 �� Telephone(631)765-1809 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 3, 2002 Appl. No. 5068—CHRISTINE and GLENN DAWSON Property Location: 150 Broadwaters Road, Cutchogue; Parcel No. 104-10-8 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 an adverse effect on the environment if the project is implemented as planned. BASIS OF APPLICATION: Building Department's November 14, 2001 Notice of Disapproval denying use of a preexisting accessory building as an accessory, nonconforming cottage. The Notice of Disapproval states that a denial is issued regarding applicants' request dated April 6, 2000 for a Certificate of Occupancy of a preexisting accessory nonconforming cottage, for the reason that it is non-habitable, based upon the Building Inspector's Housing Code Inspection Report of 4/13100, and Section 100-241-G of the Zoning Code which states that `whenever a nonconforming use of a building or premises has been discontinued for a period of more than two (2)years or has been changed to a higher classification or to a conforming use, anything in this Article to the contrary notwithstanding,the nonconforming use of such building or premises shall no longer be permitted unless a variance therefor shall have been granted by the Board of Appeals.' PROPERTY FACTS/DESCRIPTION: Applicants' property contains approximately 51,000 sq. ft. in size and is located on the north side of Broadwaters Road with 126 ft. of road frontage and average depth of 511.83 feet, and a frontage of 72.99 feet along the ordinary high-water mark. The property is improved with a one-family, one-story principal dwelling, and a second building (referred to herein as accessory building or cottage), as more particularly shown on the survey prepared by ELS Associates dated 3-24-00 for the applicants. The property•js' shown as Lot#181 on the Map of Nassau Point Club Properties, Inc. APPLICANTS' REQUEST: Applicants: (1) request an Interpretation of Section 100-241G and 100-242A of the Zoning Code; and (2) Appeal for a Variance or other relief under Sections 100-241G and 100-242A, regarding the Building Department's Notice of Disapproval dated December 14, 2001. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on April 18, 2002; June 6, 2002; June 20, 2002; July 11, 2002, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence,the Zoning Board finds the following facts to be true and relevant: l 2. Page 2—October 3, 2002 ZBA Appl No 5068—C and G Dawson Parcel 1000-104-10-8 at Cutchogue Applicants' property is located in the R-40 residential zone district a on a�ains igler „ family dwelling and a small waterfront cottage. aplicants?;W4stltomaintain'.the..c2ttge PWK6!i7&&6 ing�'as,,1an.tfft 5sory. the principal residential dwelling. Applicant has testified that is no intWnf f ub�divide the property or to use the cottage as an independent single-family dwelling. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted, and personal inspections,the Board makes the following findings: 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Applicants wish to use the cottage for guests and family members, primarily during the summer months. Such accessory use is not uncommon in this waterfront neighborhood. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than a variance because the building inspector has determined that the cottage is a discontinued non-conforming use, and appellants have no recourse except to apply for a variance. 3. The variance granted herein is not substantial and will allow the applicant to maintain the cottage as an accessory use. 4. The alleged difficulty has not been self-created. 5. Although neighbors have expressed concern that the cottage will be used for "group rentals" which could create excessive noise and become a nuisance for the neighborhood, the applicants modified their request of June 30, 2002, and conditions attached to this variance will protect physical or environmental conditions in the neighborhood. 6. Grant of the requested variance is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an accessory 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 Tortora, seconded by Member Oliva, and duly carried to GRANT, a Variance authorizing an accessory (cottage) building with the following CONDITIONS: 1. The-cottage/buildingrshallw.oniy�lre used, a ry tructur_e.A�k Ingle-famil 2T,eXnporary;�oc,�c�up�ncy�isxp�ermitfed; 3 Slee in ` �WZI;;- �P p. g qua UF4 shW1'be'!pdtmitte�d' 'GZ1; . J Page 3—October 3,2002 ZBA Appl. No 5068-C and G Dawson Parcel 1000-104-10-8 at Cutchogue 4jo. bo ng' rltit` eeies. 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. Vote of the Board: Ayes: Members Goehringer (Chairman), Tortora, and Oliva. (Members Horning and Orlando were absent.) This Resolution ad d - GG:LT ,f Gerard P. Goeh ger-Approved for Filing RECCEIVED AND FMED BY THL SOUTHOID TOWN CLLRK Dg, lo) ►►(� a,3a DAZ0 Town Clarl:, ?c-t:� of L cut.:ci2 WL y_ V V i i ViIIMtV. i.a.f V Fw f I.n V r`I i i� 8✓ �.�.� 1,IYSCEF r6d-WsdiAV:Zianing Bd.of Appeals of Town of Southold,12 A.D.3d 444(2004) RECEIVED NYSCEF: �1/02/;w023 785 N.Y.S.2d 84,2004 N.Y.Slip Op.08101 W,�I�V,n,ED� Opinion s Q0� eecond 12 A.D.3d 444 *444 Ina proceeding pursuant to CPLR article 78 to review a ® Court,Appellate Division, determination of the Zoning Board of Appeals of the Town of Department,New York. Southold dated October 3,2002,the Zoning Board of Appeals s of the Town of Southold appeals from a judgment of the In the Matter of Christine Supreme Court,Suffolk County(Tanenbaum,J.),dated June •�®�� DAWSON, et al., respondents, 30,2003,which annulled the determination and directed it to V. issue a certificate of occupancy for the petitioners'cottage. ZONING BOARD OF APPEALS OF *445 ORDERED that the judgment is modified,on the law, TOWN OF SOUTHOLD, appellant. by deleting the provision thereof directing the Zoning Board of Appeals of the Town of Southold to issue a certificate Nov.8,2004. of occupancy for the petitioners' cottage and substituting therefor a provision directing the Zoning Board of Appeals Synopsis of the Town of Southold to direct the Building Department Background:Property owners commenced proceeding under of the Town of Southold to issue a certificate of occupancy Article 78 for review of determination of town's zoning board for the petitioners'cottage as an accessory use to the primary of appeals, which granted them conditiona! area variance residential building on the **86 subject lot;as so modified, to use cottage on their property, rather than certificate the judgment is affirmed,with costs to the petitioners. of occupancy for cottage as an accessory use to primary residential building on property.The Supreme Court,Suffolk The Supreme Court properly concluded that the County,Tanenbaum,J.,#nnul ed a erminati n and directe determination of the Zoning Board of Appeals of the Town zo dofappealst isec ti_om rae-o&occupancy.x!!E%of Southold (hereinafter the ZBA) to grant the petitioners Zontn ardaofxappeals-appealedn- a conditional area variance for their cottage was arbitrary, capricious,and not supported by substantial evidence. With respect to the interpretation of the terms_of a zoning Holdings:The Supreme Court,Appellate Division,held that: ordinance, a determination by a Zoning Board of Appeals is entitled to great weight provided that such interpretation board's cietemiination toto g[ant csznilitiona�ar_ea-variance, s neither irrational, unreasonable,nor inconsistent with the rather than certificate for occupancy, was arbitrary, governing statute (see Matter of Nadell a Horsley; 264 capricious,and not supported by substantial evidence,but A.D.2d 422,694 N.Y.S.2d 421;1Licrtter of Trunrp-Equitable Fifth Ave. Co.v Gliedman,62 N.Y.2d 539,545,478 N.Y.S.2d { ' 846,467 N.E.2d 510).Its determination must be sustained if own s buildin►de$a iriotzoriin �lioazdof appeals,2wasr sted`wa onty to issue certificate of occupancy. it has a rational basis and is supported by substantial evidence (see Matter of Nadell v.Hurslev,supra}? j Affirmed as modified. The cottage,a residential dwelling situated on the same lot as a primary residential dwelling�ain, constituted a nonconforming building rather tha a noncee Ainzalak Attorneys and Law Firms Incorporated rl. o a eJY.S.2d 113; **85 Smith,Finkelstein,Lundberg,Isler&Yakaboski,LLP, Southold Town Code §§ 100-13, 100-240 et seq.). Since ( Riverhead,N.Y. (Phil Siegel and Frank Isler of counsel),for the ZBA unreasonably and erroneously determined that the appellant. cottages fell into the latter category, it incorrectly focused 1 \ upon w1`iecher the cottage had been abandoned for at least two Esseks,Hefter&Angel,Riverhead,N.Y.(Stephen R.Angel years rather than whether it had been continuously maintained and Anthony C.Pasca of counsel),for respondents. (see Southold Town Code§ 100-13).Since no evidence was presented before the ZBA refuting the petitioners'claim that FRED T.SANTUCCI,J.P.,DANIEL F.LUCIANO,PETER the cottage had been continuously maintained,the petitioners B.SKELOS,and ROBERT A.LIFSON,JJ. were entitled to a certificate of occupancy for the cottage as s I E 'NYSCFF E6QS&h'-)V.Aning Bd.of Appeals of Town of Southold,12 A.D.3d 444(2004) RECEIVED NYSCEF: 41/02/#2023 0-04—N.-Y,S-1-il-0-p.08101 an accessory use to the primary residential building on the Town of Southold,not the LIJA,is vested with the authority subject lot, to issue certificates of occupancy. Moreover, while the Supreme Court properly annulled the I All Citations ZBA's determination, it erred in directing the ZBA to issue a certificate of occupancy. The Building Department of the t 2 AD.3d 444,785 NX&M 84,2004 MY Slip Op.08 101 .............. ..............-1---1----.1.......... End of Document Oc 2023 Thomson Reuters. No claim to original U.S. Govenirnent Works. .................... ... .......... ............... ........... ....................... S.•✓ •Iv VVV�r i'i V.YIf•t0ur ir./ vYjr Vi✓ 8W • 'a✓ I.�'y: NYSCEF DOCt NO. 16 REC 5;UE ..NYSc�F: -41/02/,2023 s,ORTFt� vl'oRDetz 1N E: Igo. 2r}151 -2002 SUPREME COURT"-STATE OF NEW YORK I.A.S.PART XIII SUFFOLK COUNTY PRESENT: Hon. MELVYN TANENBAUM MO'rm 04-CASEDIS? Justice RID: 177_:itl2 SiD 040703 In the Matter of the Application of PLTF'StPET'S ATTY: ESSEKS,HEFTER&ANGEL,ESQS. CHRISTINE DAWSON and GLE:NN DAWSON 108 East Main Street Riverhead,New York 11901 Petitioners For a Judgment under Article 78 of the Civil Practice Law and Rules -against- DEFT'S/RESP'S ATTY: SMITH,FINKELSTEIN,LUNDBERG,fSLER& ZONING BOARD OF APPEALS OF THE TOWN OF YAKABOSKI,LLP SOUTHOLD 456 Griffing Avenue Riverhead,New York 11901 Respondent Upon the following papers numbered 1 to 50 read on this motion rnr Atrord ernursuant t��Arline•79 Notice of.lvtotionJOrder to Show Cause and supporting papers -1-5 ;Notice of Cross Motion and supportingpapers Answering Affidavits and supporting papers 6.50 Replying Affidavits and supporting papers Other it is, ORDEREDthat this CPLR Article 78 petition seeking ajudgment setting aside the decision ofthe respondent ZONING BOARD OF.APPEALS OF THE TOWNOF SOUTFTOLD("BOARD")dated October 3, 2002 by modifying that portion of the conditional approval, for the variance which requires that no "cooking or kitchen facilities"be permitted in the accessory cottage building is determined as follows: j t Petitioners own an approximate 51,000 square foot parcel of land located in an R40 residential ' zoning district which permits construction of dwellings on lots having 40,000 square feet. The parcel is improvedwith ahouse and a waterfront cottage, Thehouse and cottagewere constructedpriorto enactment of the Town's zoning code. On April 5, -•4klpl etiie applged 4heuiYding depYti�neit° or•a cert'i"ficateof occupancy for both structures. yvtice of Disapproval dated December 14 20{)1 the"I`o� n_Buil_ding Department detdppetilic�ne'""'i�s�'`a"pl't a it�nforacertitieateofoccupancy he accessory ui dtngont egroundsthat I "Whenever a nonconforming use of building or premises has been i discontinued for a period of more than two years or has been changed to a higher classification or to a conforming use, anything in this Article to the .r.Y✓ • .iI Y��. Y V a��i M.4t�.y yi\ i J./ 'V M/.M..M•Iw../; i J..• i Y W Yh+J . NYSCEF DOC'. NO. 16 RECEIVED NYSCEF! 11/02/k?-023 RE: DAWSON v. ZONING BOARD Index#29193-2002 r Page 2 contrary notwithstanding, the non-conforming use of such building or/ premises shall no longerbe permittedunless a variance therefore shall have been granted by the Board of Appeals." F Petitioners appealed the Building Department's determination claiming that the Town building inspectorhad misinterpretedthe applicable codeprovisionfortheirnon-conformingstructure.Alternatively petitioners sought a variance to permit use of the cottage as an accessory residence to the main dwelling. The"BOARD"convenedpublic hearings on April 18,June 6 and June 20,2002. By decisiondated October 3, 2002 the `BOARD" granted petitioners an area variance for the cottage subject to four conditions: 1)The cottage/building shall only be used as an accessory structure to the single-family residence. 2)Temporary occupancy is permitted. 3) Sleeping quarters shall be permitted. 4)No cooking or kitchen facilities. This petition seeks to,set aside that section of the`BOARD's"decision which requires removal of the kitchen facilities claiming that no rational basis exists upon which to require such a condition. In support movants submit a verified petition and claim that the Town has made an error in law since the cottage is a non-conforming structure and is not,as the Town has determined,a non-conforming use. It is petitioner's contention that no abandonment provision exists in the Town Code for non-conforming structures and therefore the discontinuance section of the Code(§100-241) relied upon by the Town is inapplicable. Petitioners argue that as anon-conforming structure w dates the zoning code the are entidedto apre-existing certificateofoccupancywithaut the need Zroance an t at OARD" lacks jurisdiction to impose conditions related to removing the kitchen facilities. Petitioners also contend that the"BOARD's"determination imposing condition#4 was arbitrary, capricious and not supported by substantial evidence in the record. Petitioners claimthat the`BOARD's"decisionwas made to prevent the possible future use of the cottage as an independent dwelling and is therefore not sustainable since the respondent is without authority to make a determination based upon a possible future illegal use but must only consider the actual use of the premises by the current owners/occupants. Petitioners claim that they have voluntarily agreed to limit their use of the cottage as an accessory use.and will not rent the cottage to a separate family and that there is no need to impose the onerous condition of removing the kitchen facilities: Petitioners claim that: 1)the condition serves no legitimate zoningpurpose;2)no evidence exists to support the kitchen facilities removal since there was no discussion about it during the public hearings; 3)the condition effectively prohibits use of the cottage;and 4)the`BOARD's"decision was over broad. It is petitioners position that under these circumstances the kitchen removal condition should be annulled 3 3 4 i NYSCEF DOC� NO. 16 RECEIVED NYSCEF: 11/02/,2023 RE: DAWSON v. ZONING BOARD Index#29 193-2002 Page 3 In opposition respondent "BOARD" submits a verified answer together with a certified return containing the transcript of minutes of the Board hearing. Respondent claims that the question ofwhether the cottage is a non-conforming use or a non-conforming structure is moot since petitioners amended their applicationduring the hearing seeking to maintain the cottage not as aseparateresidencebut as an accessory structure to the principal residence. Respondent claims that petitioners were granted the reliefrequested when the"BOARD"permitted use of the cottage as an accessory building. Respondent claims that the "BOARD's"determination has a rational basis and is supported by substantial evidence in the record since imposition of the condition was reasonable and is consistent with the intent ofthe ordinance prohibiting more than one single family dwellingper lot. Respondent asserts that imposition of the condition is necessary to prevent current illegal use of the property since if kitchen facilities were permitted the cottage would no longer be an accessory to a principal residence but would instead be a second impermissible single family dwelling. In a proceeding;seekingjudicial review of administrative action,the court must determine whether there is a rational basis for the decision or whether it is arbitraryand capricious('MAJI 0,UM. F WARD v. 'BOARD()F'R.EQtENTS , 53 NY2d 186, 194,440 NYS2d 875, 881. (1981)). The determination of responsible local officials in the affected community will be sustained if it has a rational basis and is supported by substantial evidence,(M ATTER QLF—UH91 v. FoLE , 45 NY2d 441, 410 NYS2d 565 (1978)). The law is clear that a zoning board has broad discretion in consideringan application for a variance and their determination should not be set aside unless there is a showing of illegality,arbitrarinessor abuse of discretion. The decision must have a rational basis and be supported by substantial evidence (MATM:QF-,FUH--aT v. FOLE , supra;,MATT13R.JDF-QQW—AK-v. 41 NY2d 591,394NYS2d 579-(l977);-.MATTFR,.Qr-WOLFSON v. =QT , 150AD2d 586,541 NYS2d 243 (2ndDept., 1989); MATTER 0 F FRINK v. Z01qTNCT`BOARD OF AMC--ALS, 149AD2d 591,540 NYS2d 679(2nd Dept" 1989), In determining whether to grant an area variance,the Board must consider the following factors: (1) whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance; (2) whether the benefit sought by the applicant can be achieved by some method.,feasible for the applicant to pursue, other than an area variana; (3) whether the requested area variance is substantial; •#:.r riy�w • "V V r�i V.rryr .yw V i�.r 1. 'Vi.1�:aY V.v .fi! v r t r'v.r V i i Y.i../ •`Y'.y 'NYSCEF DOC'. NO. v6 RECEIVED NYSCEF: 31/02/Q'023 RE:DAWSON v. ZONING BOARD Index#29193-2002 Page 4 (4) whether the proposed variance will have an adverse effect or impact on the physical or environmentalconditions in the neighborhood or district;and (5) whether the alleged difficultywas self-created,which consideration shall be relevant to the decision of the board of appeals,but shall not necessarily preclude the granting of the area variance. (Town Law§267-b; SASSO v:.`OSGOOD;86NYS2d 374,633 NYS2d 259(1995)). ,rA son ormu�g ise is a�use„o ; and why .lr lawfully xistedipri�i touthe'enactment of ,. . .,, ordinance,andivvhtc '%maintained aftertheffecti e daofe��ordinai�c� lthsa�ughtttdoesnnocoizay wthu e:sfrrctitins ,ppt_i ble to the areainwhiht is-situate Non-conforming uses or structures in existence when a zoning ordinance is enacted are,as a genera rule,constitutionallyprotected and will be permitted to be continued notwithstanding contrary provisions of an ordinance(EEOPLE-v.MILLER—,304 NY 105, 109(1952)). `.`Zoning cannotprohibit an existinguse to which the property is devoted at the time of enactment. However the owner must establishthat the allegedly pre-existinguse was legal prior to the enactment of the prohibitive zoning ordinance which purportedlyrendered it non-conforming." LLE v. HALLER, et al, 226 AD2d 639, 640, 641 NYS2d 380(2dDept., 1996)citing OLD WESTBURY V. :AI,LJAY FARMS; 100AD2d 574 afPd 64NY2d 798(1985)). Southold Town Code§100-13 entitled"Definitions"provides: r "NONCONFORMING BUILDING OR STRUCTURE—A building or structure legally existing-on the effe date of this chapter or any applicable amendment thereto but w fails by reason of such adoption, revision or amendment,to conform to the present district regulations for any prescribed structure or building requirement,such as front,side or rear yards, building height,building areas or lot coverage,lot area per dwelling unit, dwelling units per building,number ofparking and loading spaces,etc.,but which is c maintained afterthe effectivedate of theseregulations. NONCONFORMING USE—A use, whether of a building,sign or tract of land, or combination of these, legally existing on the effective date of this chapter,which does not conform to the present use regulations of the district in which it is located but which is continuouslv_mamtain_ a_ a date of these regulations." I i./��Y VVrr Vii♦ VM Vi•.`i. yriJiY Wi./ YY'I rV:4✓ i� ,i� �NM NYSCEF DOG. NO. V6 RECEIVED NYSCEF: �11102;WL023 {RE:DAWSON v. ZONING BOARD .Index#29193-2002 'Page 5 i I Southold Town Code§100-241 provides: "Nonconforming uses. Except as providedhereinafter,nonconforminguse of buildings or open land existing on the effective date of this chapter or authorized by a building permit issued prior thereto, regardless of change of title, possession or occupancy or right thereof,may be continued indefinitely,except that such building or use: i A. Shall not be enlarg d, altered xtended, reconstructed or restored or placed on a differentporh0 of orparcel of land occupiedby suchuse on the effective date of this chapter,nor shall any external evidence of such use be increased by any means whatsoever. B. Shall not be moved to another location where such use would be nonconforming. C. Shall not be changed to anothernonconforming use without approval by the Board of Appeals and then only to a use which,in the opinion of the said Board, is of the same or of a more-restrictive nature. D. Shall not be changedback to a less-restrictiveuse if changedto a more- restrictive nonconforminguse. I E. Shall not be reestablished if suchuse has been changed to or replaced by a conforming use. I F. Shall not be repaired or rebuilt unless the use is changed to a conforming use if the nonconforminguse is damagedby fire or other causes to the extent of fifty percent(50%)of its fair value. G. Whenever a nonconforming use of a building or premises has been discontinued for a period of more than two(2)years or has been changed to a higher classification or to a conforming use,anything in this Article to the contrary notwithstanding, the nonconforming use of such building or premises shall no longer be permitted unless a variance therefor shall have been grantedby the Board of Appeals." I I I 1 r wr{w✓ ✓V�.r ViEr\ yyVLt'.►W V.row1. +V_ .ii) vr'/'YLm.M� .4 ii.•i+/ �w0'+f7 � . NYSCEF DOG. NO. %6 RECEIVED NYSCEF: '11.1/02jGCO23 RE:DAWSON v. ZONING BOARD Index#29193-2002 Pey ' Page 6 0\,4 Southold Town Code§100-242 provides: Nonconforming buildings with conforming uses. A. 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 increasethe degree ofnonconformancewith regardto the regulations pertaining to such buildings. B. Reconstruction of a damaged building. (1)A nonconforming building containing a conforming use which has been damaged by fire or other causes to the extent of more'than fifty percent (50%)of its fair value shall not be repaired or rebuiltunless suchbuilding is made substantially to conform to the height and yard requirements of the Bulk Schedule. (2)Application for a permit to build or restore the damaged portion of any building damaged or destroyed as set forth in SubsectionB(1)above shall be filed within one (1) year of the date of such damage and shall be accompanied by plans for reconstruction which, as to such portion, shall comply with the requirements set forth above. If such permit is issued, it shall lapse one(1)year thereafter unless reconstruction in accordance with the approved plans has been initiated." There is no disput etitioners principal residential dwelling an7ne e c cted as single-famil rags on one lot prior to enactment of the Southold Toe. Both dwellin st in a zom istrict designated by the Town as"R40" Residential. By Coition the`use" of both stru res as single-family dwellings� �r�r�c=e lase designatedb Sooning reguia ns since t district has been zoned residential. The cottage as a structure,howeven-con ormmg since the Code does not permit two residential dwellings on a substandard lot. de definition of "nononformingbuilding or structure"therefore applies since the cottage legalld on the date the zoning co was enacted. (SeeAMZAI AK v.VAL-ij3Y'STREAM-220NYS2d ss.Co. Sup.Ct., 1961)- G UE _ Q , 153NYS2d 237(Hass.Co. Sup.Ct., 1956)aff d 3 41,161 NYS2d 8 d Dept., 1957)). Although the respondent"BOARD"and the Town building inspector have authority and the duty to enforce Code restrictions,they are obligated to enforc only tfiose res rictions which apply unii"er th ordinance's definitions. In thisTsituationrpetitiorierg-cottage-is-ley-Code-definition a non c nfo nin Puc niguse and "e""a ly-applcableenfo rceableordinanceprovisianrequiresthtsuchrtur:be, cuntinuouslymauitained afterthe effective tate�ft sir ations (see own'Code§100- 13). Under these circumstances,the Town building inspector and the xespondenf"BOARD"did not have authority to i I I .�.-�,:i4iae�'iiA 'M .f �.ViJ �' VYVifiir V:YiYiii i'W/ V4Y`'VYrI .a:.Ye. °a iI air'M NYSCEF DO,Q. NO.16 RECEIVED NYSCEF. ,t1/021*023 RE:DAWSON v. ZONING BOARD Index#29193-2002 Page 7 Y I { deny petitioners application for a pre-existing certificate of occupancy or to require that petitioners obtain a variance absent proof that the"DAWSONs" failed to continuously maintain the cottage. The relevant credible testimony adduced during the hearing by CHRISTINEDAWSON establishedthat petitioners have continuously maintained the premises by painting it, installing a new roof,repairing the plumbing,and y keeping it in basically the same condition as had their predecessors in title. Absent proof that petitioners idid not continuously maintain the cottage,no legal basis exists upon which to sustain the `BOARD's" determination which mandates that petitioners remove kitchen facilities in the legal one-family dwelling. Based upon these circumstances,the"BOARD's"determination was arbitrary,capricious and not supported by substantial evidence in the record CMATTER.OF FIMT,v.FOLEY,supra;MATTER OF C,A;S51iiN0.v Z+OG BOARD OF:APPEALS, 263 AD2d 506, 693 NYS2d 621 (2d Dept., 1999)). Accordingly it is I ORDERED AND ADJUDGED that petitioners CPLR Article 78 petition seeking a judgment annulling the respondent"BOARD's"determination dated October 3,2002 which requiredthe removal of kitchen facilities and directing that the respondent"BOARD"issue a pre-existing certificate of occupancy for the petitioners cottage is granted. Respondents are directed to issue the certificate of occupancy for petitioners cottage within 20 days of service of a copy of this order andjudgment. Dated:June 30,2003 I WN TMENnuiltu I I J.S.C. FINAL DiSPOSMON I I I I 11 LEGAL NOTICE' ' 1� �� ITHOLD TOWN ZONING BOARD OF APPEALS HURSDAY,NOVEMBER 7,2024 at 10:00 AM (' �I/y PUBLIC HEARINGS NOTICE IS HEREBY GIVEN,pursuant to Section 267 of the Town Law and Town Code Chapter 280(Zoning),Town of Southold,the following 1 public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall,53095 Main Road,Southold,New York 11971-0959,on THURSDAY NOVEMBER 7.2024: 9 happening via ZOOM WEBINAR. The public may ALSO have access to view,listen and make comment durin the PUBLIC HEARING as it is Kapp 9 Details about how to tune in and make comments during the PUBLIC HEARING are on the Town's website agenda for this meeting which may be viewed at http://southoldtownny.gov/agendacenter. Additionally,there will be a link to the Zoom Webinar meeting at http://southoldtownny.gov/calendar.aspx. 10 00 A M NORTH ROAD HOTEL LLC HOTEL MORAINE#7927SE-(Adjourned from October 3,2024)Request for a Special Exception pursuant to Article VII,Section 280-35B(4)and the Building Inspector's January 24,2024 Notice of Disapproval based on an application for a permit to construct a new motel building(10 units)and to build an addition to an existing motel building(4-units)upon a parcel that measures 3.251 acres in total area,at;located at 62005 County Road 48,(Adj.to Long Island Sound)Greenport,NY. SCTM 1000-40-1-1. 10 00 A M NORTH ROAD HOTEL LLC/MOTEL MORAINE#7953-(Adjourned from October 3,2024)Request for on for a permit to construct a a Variance from Article Vil, Section 280-35B(4)(a)and the Building Inspector's January 24,2024,Notice of Disapproval based on an app' catinew motel building(10 units)and to build an addition to an existing motel building(4 additional units)at;i)parcel is less than the code required minimum size of five(5)acres;at:62005 County Road 48,(Adj.to the Long Island Sound)Greenport,NY. SCTM No.1000-40-1-1. 10 20 A M BUNGALOW 12 LLC/ELIZABETH MCCANCE#7938-(Adjourned from September 5,2024)Request for Variances from Article XII, Section 280-18;Article XXXVI,Section 280-207;Article XXIII,Section 280-124 and the Building Inspector's April 4,2024,amended September 26, 2024,Notice of Disapproval based on an application for a permit to construct a new two story single family dwelling with a screened porch, terrace,covered porches and decks;1)located less than the code required minimum secondary front yard setback of 25 feet;2)located less than the code required minimum rear yard setback of 50 feet;3)gross floor area exceeding permitted maximum square footage for lot containing up to 30,000 square feet in area;4)more than the code permitted maximum two stories;located at:358 Ark Hill,Fishers Island,NY. SCTM No.1000- 9-1-4. 10:30 A.M.-GREG SFOGLIA#7955-Request for a Variance from Article III,Section 280-14 and the Building Inspector's June 3,2024 Notice o Disapproval based on an application for a permit to legalize and construct alterations to a habitable third story of an existing single family dwelling;at;1)more than code permitted number of stories of two and a half;located at:3480 Old Jule Lane,(Adj.to James Creek),Mattituck, NY.SCTM No.1000-122-4-21. 10 40 A M STEPHEN HARATUNIAN AND ARDA HARATUNIAN#7956-Request for Variances from Article III,Section mit t 5;Article X :Section 280-116A(1);and the Building Inspector's May 22,2024 Notice of Disapproval based on an application for a per to construct a trellis 'accessory to a single family dwelling;at;1)located less than the code required 100 feet from the top of the bluff;2)less than the code required minimum side yard setback of 20 feet;located at:1205 Soundview Avenue Extension,(Adj.to Long Island Sound),Southold,NY.SCTM No.1000- 50-2-13. 10.50 A.M. -DOMELUCA.LLC#Z957-Request for a Variance from Article III,Section 280-15 and the Building Inspector's May 17,2024 Notice o Disapproval based on an application for a permit to amend a currently open permit for a new dwelling to include an attached shade trellis;at;1) less than the code required minimum side yard setback of 20 feet;located at:14895 Main Road,(Adj.to Dam Pond),East Marion,NY.SCTM No. 1000-23-1-2.10. 11.00 A.M. -ALYSE TICKER#Z95k-Request for Variances from Article XXIII,Section 280-124;Article XXXVI,Section 280-207;and the Building Inspector's July 10,2024 Notice of Disapproval based on an application for a permit to demolish,per Town definition,and reconstruct a single family dwelling;at;1)less than the code required minimum front yard setback of 35 feet;2)less than the code required minimum combined side yard setback of 25 feet;3)more than the code permitted maximum lot coverage of 20%;4)gross floor area exceeding permitted maximum square footage for lot containing up to 20,000 square feet in area;located at:16B5 Westview Drive,(Adj.to Mattituck Creek)Mattituck,NY.SCTM No.1000-107-7-8. 1.00 P.M.-LYNN A CATALDO REVOCABLE TRUS _#Z958-Re XXIII, quest a Variance from Article Section 280-123 and requesting a Reversal o the Building Inspector's July 22,2024 Notice of Disapproval,based on an application for a permit to legalize"as-built"additions and alterations to an existing accessory building;at;1)a nonconforming building containing a nonconforming use shall not be enlarged,reconstructed, structurally altered or moved,unless such building is changed to a conforming use;located at:9490 Main Road,East Marion,NY.SCTM No. 1000-31-10-2. ROMAN CATHOLIC CHURCH OF SACRED HEART#79605E-Request for a Special Exception pursuant to Article III,Section 2 - 1 10 P.M. 138(2)and the Building Inspector's July 10,2024 Notice of Disapproval based on an application for a permit to construct a parish center,upon property located at 14300 NYS Route 25,Mattituck,NY. SCTM No.1000-114-11-1 1 20 P.M. NOBLEHOUSE SEAPORT LLC#7961-Request for Variances from Article III,Section gauze;Article"as-built" h Section hind story and the Building Inspector's July 23,2024 Notice of Disapproval based on an application for a permit to legalize an"as-built"habitable third story and create additional habitable third story space to an existing single family dwelling;at:1)as built habitable space is more than the code permitted two stories;2)proposed habitable space is more than the code permitted two stories;3)gross floor area exceeding permitted maximum square footage for lot containing up to 80,000 square feet in area;located at 2345 Main Road,Greenport,NY.SCTM No.1000-35-1-27.2. 1-30 P.M. SILVER SANDS HOLDINGS I LLC #7893SE-(Adj.from October 3,2024)Request for a Special Exception pursuant to Article VII, Section 280-35(B)(6),applicant requests;(1)to convert an existing accessory boathouse to a freestanding restaurant with office and storage space,for restaurant operations;and(2)permission for an accessory seasonal outdoor barbeque/bar area;located at 1135 Silvermere Road, Greenport,NY. SCTM 1000-47-2-15.' 1,30 P.M. SILVER SANDS HOLDINGS 1 LLC #7B94-(Adj.from October 3,2024)Request for a Variance from Article VII,Section 280-36;and the Building Inspector's January 10,2024 Notice of Disapproval based on an application for a permit to construct a free standing restaurant with office and storage space for restaurant operations;1)located less than the code required minimum side yard setback of 15 feet;located at:1135 Shore Drive/1135 Sllvermere Road,Greenport,NY. SCTM No.1000-47-2-15. 1 30 P M SILVER SANDS HOLDINGS I LLC #79145E-Adj.from October 3,2024)Request for special exception pursuant to Article VII,Section 280-35B(6)and Article VII,Section 280-35C(1);applicant requests;1)to convert an existing single family dwelling(30'4"by 26'4")to a commercial kitchen to be utilized in conjunction with converted restaurant on the same lot(Lot 15),and;2)upon conversion,said commercial kitchen will be accessory to the principle use of the converted restaurant;located at 1135 Silvermere Road,Greenport,NY. SCTM 1000-47-2-15. 1,30 P.M, SILVER SANDS HOLDINGS 1.LLC#7897-(Adj.from October 3,2024)Request for an Interpretation pursuant to Chapter 280-146(0)of the Town Code,and the Building Inspector's November 16,2023 Certificate of Occupancy based on alterations(diner and bar areas for motel guests only)to an existing motel building,to wit:1)whether the newly issued Certificate of Occupancy issued under Section 280-35C inappropriately limits the use of the diner and hotel bar areas to"motel guests only';and 2)whether the use allowed in original Certificate of Occupancy,No.142,dated May 28,1959 remains as a permitted use;parcel located at:1400 Silvermere Road(Adj.to Pipe's Cove)Greenport, NY.SCTM No.1000-47-2-11. The Board of Appeals will hear all persons or their representatives,desiring to be heard at each hearing,and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above.Link Files are available for review on The Town's Weblink/Laserfiche under Zoning Board of Appeals(ZBA)\Board Actions\Pending. http://24.38.28.228/WebL!nk/Browse.aspx?id=935072&dbid=0&repo=Town0fSouthold Please note the date to submit written comments to this office will be the Friday prior to the public hearing. After that,no documents will be accepted by this office,but can be submitted to the Board Members during the public hearing. If you have questions,please telephone our office at(631)765-1809,or by email:kimf@southofdtownny.gov. Dated: October 17,2024 ZONNG BOARD OF APPEALS LESLI E KANES WEISMAN,CHAIRPERSON By:Kim E.Fuentes 54375 Main Road(Office Location) P.O.Box 1179,Southold,NY 11971-0959 87b43f47 - 2southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times �A State of New York, County of,Suffolk County, The undersigned is the authorized designee of The Suffolk Times,a Weekly Newspaper published in Suffolk County, New York.I certify that the public notice,a printed copy of which is attached hereto,was printed and published in this newspaper on the following dates: 10/31/2024 This newspaper has been designated by the County Clerk of Suffolk County,as a newspaper of record in this county, and as such,is eligible to publish such notices. i Signature Christina Henke Rea Printed Name Subscribed and sworn to before me, This 31 day of October 2024 Digitally signed FNotary OUGLASWREA by douglas w rea blic•State of New York Date: 2024.10.31 O,OIRE6398443 14:35:16 +00:00 ed in Albany County sion Expires Sep 30,2027 BOARD MEMBERS ��rjF SU!/r Southold Town Hall Leslie Kanes Weisman, Chairperson 53095 Main Road -P.O. Box 1179 Southold,NY 11971-0959 Patricia Acampora T Office Location: Eric Dantes �O Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento �yCouNty+� Southold,NY 11971 http:Hsoutholdtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, NOVEMBER 7, 2024 at 10:00 AM PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, NOVEMBER 7, 2024: The public may ALSO have access to view, listen and make comment during the PUBLIC HEARING as it is happening via ZOOM WEBINAR. There will be a link to the Zoom Webinar meeting at http://southoldtownny.gov/calendar.aspx. 1:00 P.M. - LYNN A. CATALDO REVOCABLE TRUST #7958 — Request a variance from Article XXIII, Section 280-123 and requesting a Reversal of the Building Inspector's July 22, 2024 Notice of Disapproval, based on an application for a permit to legalize "as-built" additions and alterations to an existing accessory building; at; 1) a nonconforming building containing a nonconforming use shall not be enlarged, reconstructed,structurally altered or moved, unless such building is changed to a conforming use; located at: 9490 Main Road, East Marion, NY. SCTM No. 1000-31-10-2. The Board of Appeals will hear all persons or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review on The Town's Weblink/Laserfiche under Zoning Board of Appeals(ZBA)\Board Actions\Pending. Link: http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. If you have questions, please telephone our office at(631)765-1809, or by email: kimf@southoldtownny.gov. Dated: October 17, 2024 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0969 Town Hall Annex, 54375 NYS Route 25 P.O.Box 1179 o CA Southold,New York 11971-0959 Fax(631) 765-9064 ZONING BOARD OF APPEALS - v� DATE: October 7, 2024 a : IN�S�T4RU 61TMI.ON,SS FOR P{T ig+LLC :i ARIiN:0- Dear Applicant; The November 7, 2024 Zoning Board of Appeals Regular Meeting will be held BOTH in person in the Town Hall Meeting Room at 53095 Main Road, Southold AND via video conferencing (Zoom Webinar), and a transcript will be provided at a later date. The public will have an opportunity to see and hear the meeting live, and make comments. Bel.'ow,please see instructions required to prepare' forthe ZBA"public hearing wluchncl'udes PL°EASE READ,C�AREaFU�I,L1'. .. 1. Yellow sign to post on your property a minimum of seven(7) days prior to your hearing,to be placed not more than 10 feet from the front property line (within your property) bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both street frontages. Posting should be done no later than October 31, 2024. To avoid weather damage to your sign please affix it to a sturdy surface such as plywood.If your sign is damaged please call the office and we will provide you with another one. Prior to yourpublic hearing, members of the Board of Appeals will each conduct a personal inspection of your property.If a Board member reports that there is no signage visibly on display as required by law,your scheduled hearing will be adiourned to a later date to ensure compliance with Chapter 55-1 (B) 1 of the Town Code. 2. SC Tax Map with property numbers. 3. Legal Notice of in person meeting,as well as video conferencing. Instructions for participation will follow, and will be posted on the Town's Website under the meeting date, and the Legal Notice section of Suffolk Times Newspaper. 4. Affidavits of Mailings and Posting to be completed by you, notarized, and returned to our office along with the mailing receipts and green cards by October 31,2024,verifying that you have properly mailed and posted. Please attach a photograph of the posting on your proUerty with your affidavit of posting. 5. Instructions for Laserfiche/Weblink to view application. MAILING INSTRUCTIONS: Please send by l�.`SPS Cerfi�fied Mail, Return Receipt the following documents to all owners of property (tax map with property numbers enclosed) vacant or improved, which abuts and any property which is across from any public or private street. We Instructions for ZBA Public Hearing Page 2 ask that you send your mailings promptly so that if any piece is undeliverable, you can reach out to your neighbors to request their mailing addresses, and re-mail. Mailing to be done by October 21,2024. a. Legal Notice informing interested parties of meeting being conducted IN PERSON and via video conferencing. (Enclosed) A WEBLINK to the meeting will be provided on the Town's Website under the date of the meeting. b. Your Cover Letter which should include your contact information, date and time of hearing, procedures for submitting written comment via email or USPS to our office. Recipients should be able to contact you for additional information. Furthermore, if recipients need to contact the ZBA staff,they may telephone 631-765-1809 or email us at kimf@southoldtownny.gov or elizabeth.sakarellos@town.southold.ny.us c. Instructions for Laserfiche/Weblink to view all pending applications. (Enclosed) Link to view pending applications: http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. d. Survey or Site Plan depicting "as-built" and proposed improvements requiring ZBA relief. The Town's Laserfiche/Weblink files provides both location addresses and mailing addresses in their current Assessment Roll listing. (See Link Below). Also,the Town Assessor's Office can be reached at 631-765-1937. Contact us via email or by phone if you need further assistance. TownOfSouthold>Assessors>Assessment Books/Tax Rolls> hfps://southoldtownny.gov/DocumentCenter/View/l 0528/2024-FinalAssessRoll IMPORTANT INSTRUCTIONS: Scan and email the USPS mailing receipts, green signature cards and affidavits to kimf(asoutholdtownny.gov, and ** PROMPTLY USPS MAIL** the ORIGINALS to the Town of Southold, ZBA, P.O. Box 1179, Southold, NY 11971. Please note that without your mailing receipts, the ZBA will be prevented from conducting your hearing,pursuant to Chapter SS of the Southold Town Code and New York State Law. Please note that you or your representative are required to attend. If you or your representative are not present, the hearing will be adjourned to the next available hearing date. Please be reminded that New York State Law requires the ZBA to follow the above specific policies. If for any reason,you are unable to prepare for your public hearing as instructed, please let us know. ��^PI,Et�SE N,;OO ATE*�* TOHE LAST DAY TO SUiBMIT'�'WR+ITTEN DUC �+ + ANTS TOO THI O FFQI'CE FOR THE BOA MEMBERS WIsLL UMA+� G. AFTER THAT N® D®CU+MENTS FILL BE ACCEPTED BY 16QUE1,0WFICE BU AN BE SU+BM+ITTED T©TdI3+E BOO A 'd M+EMBERS AT TIiE 1'U+BLIC HE a tl G Kim E. Fuentes—Board Assistant I A I - , , I . q Laserfiche Instructions. V� for Zoning Board of Appeals Records f 1,U-1 nvcrntncn rvice� 'isirin How Do 1. AWN if� I ,.�,�,; _fir,. �-`�'• - „��"„ `T _- !: f'' .u::;..'.ij..' 'LF` � _ �.' _h. rf:� - `.?Jh .5%f_ ��f�-,::+r •�� ''s.�' - ��;�q Y.,; •�pi. ra`'s�.• �1'� ;ha•,'�,ble4i _ hL� t'�'' dis&o •!Town'Cade`:-:"'.Oiilin`r.Q�}y �.TtiwnRecards, �.Foima";'-.:�' 4r �K{: ,{.`�r�;,�Y. a.T 'r,� �,,.-y :Y'.l;��l - - l �:"_.• �..�;.v..;. - y,, � z^W.,9 rccet• .,Minutes' - ,•`;F•A3iip-'W.k:cmc(n�ls', �.�>;e.6G�iDSiaurficlu±-;�i--Fa'miiJrrpCzaiiV?is . 't. :-::✓�'-.ls`c.:�C' :.nnrificartnris' - - �:,.:%�...�.%`>, �� 1. �'•ft',.s, .. - .>.. v{3}( C..nY.L..�ll.`:..1`+-...'.e_«G.--rJ�w/.5S.l...�:ti[:>•_.:�.dMfiM.:..i..i.J.h..��.a..�.+- Above: Homepage, Click on Link"Town Records"Weblink/Laserfiche Laserfiche WeoLink '^Y'%+enG�* -"P ca^ •g^ Name Browse :ear_n 7ownOrScuihald TownOfSouthold tame Page ce-t remPWsa nam+ town Clerk Entry Properti- Town-11sWr2n Path irvstaes LumOY_�su:{�Ic+ r-,Zonfng Board atapceals 2'e.�t Creation date il5:2CT<t 1:52,1 t=.. Vag,2 of- 29 Entries Last modified Metedate ._Mel-dat:ai_+g'Mj Above: -The second of two pages you will find "Zoning Board of Appeals (ZBA)" in the list of Town of Southold Departments. Click the Zoning Board of Appeals (ZBA)folder/link. F Laserfiche Instructions ��V ZBA Files Page 2 Laserfiche WeoLink + cM r cotr: ^zc •+ee�e ;�ga;uc Home Browse Search revniilOJrnfin-Zoning Board of Appeals fZBA) Zoning Board of Appeals name Page count rempfaterlame + (ZBA) Alphabetical lnde. Entry Prope •.rue 7!Board Acnare el Laserfiche Search Guides Path Meeons Schedules fcni:::f"outtrA-Mo:1:ig Bcar Of Appeals rZBA) _. MlnUMWAgendasrLegal Not-5/1-learmgs Creation date Pending 71•ORrui 12:?7^.5 P..� ff Reports Last modified Special Event Permits 5/232017 1!:07:1•;AM „!Train,ng Recr.--ts ZBA DYd.!. R Metaddta ZBA Pohdes I PIO"iP9':fa?C a54ggnd d Exceotions list Code 280-IOC(3) )urlsaktl-listing .1 ZBA Book of Mapped 1977 Existing Lots 189 acedure&R-1h, .,V—Mpsp---ucs2 i 1e'Bulk SNedules 5 Agreements.Contracts a Leases Page 1 of 1 'd Enures Above: Listed are types of records under ZBA Folder. ZBA Decisions can be found under Board Actions. Click on "Board Actions"folder to open. Laserfiche Weolink Home Browse Search 'c:riCfys:ri^^+.� ._-r;irW 30:r'o!AGG:aI;i2E;Ai-8oard Actions Board Actions Name oe count rernplale lame + '957-1979 Entry Properties ' `980-I99"v Path 2000 T;A•.nQfcOUt''AII�Z,: :Y B0,ffU 2001 Creation date .2002 10f71•11:2:7' 2003 Last modified 20w 2005 2 MetaCata ^]2006 zoo7 .:T2fada!a n<c4n�H M09 _.._.__.-.............1 ..2010 &Results rrth/YP„:muen=IHer2; ;01r 2012 2n 13 2015 2016 ^•2017 -^Pending _ rnrt±elmnc_:m�heri�wPsmeu=llsci pa..�r.-r, ^• �_ Above: Board Actions are listed by year. Click folder to open. All Special Exception applications that require Coordinated SEQRA Analysis are stored in "Pending". Laserfiche Instructions ZBA Files Page 3 2017 P aau 3d1 a.-amonf ^wrr"I.:I LG%a- ell r i Id A.— tread. le, L.-rodified 7014 5 7." ;a,, sa e"'d- so apart V.21 51 d 11 71 M .26 S3 a V23 z ft- .'d Above: See listed File Numbers. Click on file you are searching. cashel Above: In addition searching by file no. You can also use the above search tool by typing the name or title of the applicant. Laserfiche WebLink Home Browse Search ry: Relevance Rewrds Management Swarm 7016 Boar'Acd..5 31 cag--.51 Reid name _hags?;.id Page count:83 Template name;Board Actions Reset z3g� and Krimen Cashel oROOERTY LOCATION.162 Shingle mill.qsner A 19.2017+701 6,:a5h,l SCTM No.1000,9-1-26 mins aoo,Wal to rerra.. !9,2017 977016,0Shel SCT,),%No.10GO.9-1-26 GRANT.Che,arCaS as... $earth;erns i COLIN&KRtST=%CASHEL SECTION 009 BLOC 21..Thomas Ahigner(Cashel),00 Box 342-1shers ls.and NY t: Show more information 7018 3.arrj Action: Laae'.-'! Page count:56 Template name:Board Actions 13 9:30 A.M.-COLIN CASHLL AND variances under Article ld.5a_n 4NN ance(s)KRIS EN CASHEL,7016.:k ouestproposeavelits,ocated,nothe, z Showr-n1.rrn.c,,ir, Above: Shows you files that can be found using a phrase, name or title. Or you can search by Tax Map No. (District, Block and Lot) using the format 1000-111.4-1. Y Laserfiche Instructions ZBA Files Page 4 Laserfiche WebLmk ° "yw`"`.n" "alp "-.I ` Home Browse Search Board of ncxeale fZBAI�Mmutes/Agenda✓Legal Nottceltmeanngs Minutes/Agendas/Legal Name Page count Temptate name Notices/Hearings '(.}1957-19-9 A Entry Propertles '.'19Ea1999 j 2000.2009 Path 7o:vnOY,txrtho:�Zon:nR Boar! 4r Appt.,a!s 20 i 1 �ZELtrV.&'futesi,'Veen0a9"Leg31 ...�1012 Creatlort date "°2013 71'012T12:57: FM -^I 201a Last modified ;•12015 2016 Metadard No metadata as:fined Page'of 1 11 Enh Above:Also, Minutes,Agendas, and Hearing Transcripts can be viewed. Laserfiche WebUnk M1ry.veohnt, 1.-n +-!V1 l Home Browse Search 70w,CfSoathGid=Zomng Board cf Appeals;Z3Ai>Mlnutes:AgendaslLegal Nohces"ieanngs 2017 Z017 vame -age count Template name ZBA-01�05i2017 • Entry Properties „ZBA-01:052017 Agenda a Path 73A 01;05!2017-+earing 40 Ji+OOeals ZBA-01f05!2017.-N 3 .l-,�,AllM1.11nOt2r a52n�a:r'__'t,li J>4A-01ItoOt7 2 n `jottC?Yfieanrr5;n- 2BA-0111912017Agenda Creation date � _ 9.Gf?16. :'1 va,1 �ZRA-02iO212017 7 Last modified ZBA-02102.'2017 agenda 4 ' n it%L•"i c�;a.:\i m ZBA-02f02.2017.tearing 45 Me[ada[a ZBA-0ZI021201;"N 3 Z3A-0211612O17 Agenda 3 'ic nletadaid grer' ZBA.02116!2017 Specal 3 Q.v.Pi Results ZBA-03102!2017 r ,mlheaktpap"s Le-Us022 ZBA-03:0212017 Agenda A _----_ ZBA-03102R017-1.1ing 65 .y ZBA-03iO212017_N 3 ZBA-03l 62017 Agenda 3 b ZBA-03f16201 7 Specal 3 ZB.A-04,062017 5 ZBA-0d106l2017 Agenda d Z3A-O%0fi•2017 ieanng 1S Above: Agendas, Minutes and Transcripts are in chronological order. NOTI � -r� �� � r HAN�-- � �� I The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold The application will ALSO be available VIA ZOOM WEBINAR - Follow link - httpm.//Southoldtownny.gov/calendar.aspx NAME CATALDO LYNN A. REVOCABLE. TRUST # 7958 CTM # : 1 000-31 - 1 0-2 VARIANCE: REVERSAL OF NOTICE OF DISAPPROVAL REQUEST: LEGALIZE "AS BUILT" ALTERATIONS TO AN EXISTING ACCESSORY BUILDING DAT E THURS. , NOV. 712024 1 :00 PM you may review the file(s) on the town's website under Town Records/Weblink: ZBA/ Board Actions/ Pending. ZBA Office telephone (631 ) 765-1809 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------x In the Matter of the Application of AFFIDAVIT LYNN A CATALDO REVOCABLE TRUST OF MAILINGS Appeal #7958 SCTM Parcel #1000-31,10-2 -------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, MADISON MESSINA, residing at RIVERHEAD, New York, being duly sworn, depose and say that: On the 18 day of OCTOBER, 2024, 1 personally mailed a true copy of the Notice set forth in the Zoning Board of Appeals Application, directed to each of the persons listed on the attached list at the addresses set below their respective names; that the addresses set below the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said notices were mailed at the United States Post Office at Southold, New York, that said Notices were mailed to each of said persons by CERTIFIED MAIURETURN RECEIPT. Attached hereto is the white receipt post-marked by the Southold Post Office on said date. ADISO MESS NA Sw rn to before me this 8 da of OCTOBER, 2024 (Nota u lic) BETSY A. PERKINS BE SYA. PE S Notary Public,State of New York Notary Pulh 'r.., St of New York No. 01 PE6130636 Qualified in Suffolk County C ;aunty Commission Expires July 18,piOQj SENDER: COMPLETE Tf,,_.J A. Signature ❑Agent , ■ Complete items 1,2,and 3. ■ Print your name and address on the reverse X Addressee so that we can return the card to you. g, eceived by(Printed Name) C.Date of Delivery ■ Attach this card to the back of the mail piece, 'p AN or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes if YES,enter delivery address below: ❑No �•� �rgy 1.laportas / i .. � � , ati�an::zf,ti v 1 81!,00&Rte 25 East Marion, NY 11939LL ' 3. Service Type ❑Priority Mail Express® I [IAdult Signature ❑Registered MaiIT"L II I'III'I I'll I'IIIII'I'Il l II II'I I I III II II I I Ill{ ❑Adult Signature,Restricted Delivery ❑Registered Mail Restricted i ❑Certified Mall® Delivery i ❑Certified Mail Restricted Delivery ❑Signature Confirmation*"' 9590 9402 8996 4122 8628 76 ❑Collect on Delivery ❑signature Confirmation ❑Collect on Delivery Restricted Delivery Restricted Delivery i�n�n.+:.a..-x4.w.he.•_/Tr�nefae.fmm calvi�EJ9hEl1_._._i Na 32 t —._.-39 i-l-��ll 1•i j € • : i i � j� � .'' - 958?� € (J liO ':5(Z7i0 sCt290 1 i i iRalicl edDellvery 2j I Domestic Return Receipt 1 PS Form 3811, July 2020 PSN 7530-02-000-9053IVERY i r CO • COMPLETE - A. Signature � ■ Complete items i;2,and 3. ❑Agent ■ Print your name and address on the reverse X ❑A ssee so that we can return the card to you. B.Received by(Printed Name) ■ Attach this card to the back of the mailpiece, _ t, or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes l If YES,enter delivery address below: ❑No Kostas Roustas Stella Roustas .49 Oakridge Drive Voorhees, NJ 08043 3. Service Type ❑Priority Mail Express@ ❑Adult Signature 0 Registered MaiITM Ill'Illfl I'll I'll III'll Il I IIII�IIIIIIII Il Il Ill ❑Certified Signature Restricted Delivery ❑Registered Mail Restricted ❑ MaiIO Delivery i ❑Certified Mail Restricted Delivery ❑Signature ConfirmationTm I r 9590 9402 8996 4122 8628 69 ❑Collect on Delivery ❑Signature Confirmation Restricted Delivery Restricted Delivery C Ilect on Delive I Numben(!r_nsf r,,fr4m_sgrviceJabe�)—t_I_I_t_ '-2—Article.- 71 0 51C C] L']E2 r'� 2 3'3 9 i91 nil estdcted Delivery Domestic Return Receipt i , e PS Form 3811,July 2020 PSN 7530-02-000-9053 — 1 COMPLETE THIS SECTION ON DELIVERY 1 I COMPLETE • r ■ Complete items 1,2,and 3. JAW. igna ❑Agent ■ Print your name and address on the reverse ❑Addresseeso that we can return the card to you. C. Date of Delive■ Attach this card to the back of the mailpiece, Ed, ryor on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? E3 Yes If YES,enter delivery address below: ❑No Richard J Hardt Jr s Lorraine Hardt PO Box 54 1 East Marion, NY 11939 3. Service Type ❑Priority Mail Express® ll ElAdult Signature ❑Registered MaiITM } � ❑Adult Signature Restricted Delivery ❑Registered Mail RestrictedT I'lII'I Jill 111111111111111111111111111111111 ❑Certified Mail® Delivery ❑Certified Mail Restricted Delivery ❑Signature ConfirmationTM 9590 9402 8996 4122 8629 06 ❑Collect on Delivery ❑Signature Confirmation 2._Artirla-lumher-lTransfar_frnm_carvira./shall p-Co.Ilect on Delivery Restricted Delivery Restricted Delivery 9589jI 03- ,q 5:27A D2;9p 9t Q:11• ttl�tiRistrioted�D`five"Il�_ i1t►� l tyt t to •1 t t tt ttt It tk• .1t :. 1 ' Domestic Return Receipt PS Form 3811;July 2020 PSN 7530-02-000-9053 Cl) W O N O O O O O N N M M M N N N N N O CD CD O N N N N N O O O O O O O O O O n 04 n n r N N N N N N uD O �CD CD O 0 O O biD n CD n n n C O O O O O v W W O OA M `- 00 00 co 00 oo i m m m m rn in • • • COMPLETE SENDER: ELIVEFW COMPLETESECTIONIS A. ature Agent ■ Complete items 1,2,and 3. X I ■ Print your name and address,on the reverse �itddressee rn rn M v so that we can return the card to you. B. Re ived by(Printed Name) C.Datre�of Deliveryco co co O O O CO n L i ,1 " .1 V ■ Attach this card to the back of the mailpiece, �i .1 r1 .1 O ,1 >• } } o0 or on the front if space permits. D. Is delivery address different from item 1? ❑Yes n Z Z Z z 1, Article Addressed to: .2 c c c z �; If YES,enter delivery address below: No c, 0 0 0 m co ca co I Thomas Brischler g Janine Brischler U w w w > ' 9 Cedar Hill Road Miller Place, NY 11764 3. Service Type ❑Priority Mail Express@ III II Ill ❑Adult Signature ❑Registered Mail R II I II�III I'll III I llllll II I II Il Il l I I I I ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted'! 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PostalPostal Q ■ , t @ ■ ■ Domestic Mail Only Domestic o Er m M For delivery information,visit our website at www.usps.comO. . .- m ru nu Certified Mall Fee Q O Certified Mail Fee Extra Services&Fees(check box,add fee as appropriate) ��y °- 0 ❑Return Receipt(harticopy) $ 'ati Jr' •'�I (-'� rt.l Extra Services&Fees(check box,add feejoppmpfiale, r'\4• '• �(�1 I;, [] ❑Return Receipt(hardcopy) $ i ❑Return Recelpt(electronic) $ Po m rk \y ., [] ❑Certified Mall Restricted Delivery $ Return Recelpt(electronic) $ ( ` P, arktap C3 ❑Certified Mali Restricted Delivery $ l)6OrB r-❑Adult Signature R¢qulred $ {'' I'.J f N ❑Adult Signature Required $ M ❑Adult Signature Restricted Delivery$ t JJ t I Ln 7\i F• ❑Adult Signature Restricted Delivery$ ! J Postage �~, ` iy`{• f Postage f O $ -I- >. f ,r•q 61Poi'`---- -- � `' ✓ O $ -- -- - '^K-•-�•""'�- Q $ Richard J Hardt Jr t-9 $Total Posts Kostas Roustas Sent To Lorraine Hardt ;o sent To Stella Roustas 1 S`freet ai PO Box 54 . � �freera^ .49 Oakridge Drive per•+ City sta East Marion, NY 11939 { � ���;-sfa�e' Voorhees, NJ 08043 Postal Service TI m CERTIFIED oRECEIPT I Domestic Mail Only Cr m For aelivery information,visit our website at wwwiusps-com,'�'. ru 0 Certified Mail FeeEr - ru Extra SBNIc83&Fe83(check box add fee as appropriate) � 'Z o y 0 ❑Return Receipt(hardcopy) $ , ` G\# ❑Return Receipt(electronic) $ _ , Postman ,- I= ❑Certified Mali Restricted Delivery $ r` ❑Adult Signature Requiredru []Adult Signature Restricted Delivery$ Lr) Postage 'a' -- ,' r-1 Total PCs -•� o $ Thomas Brischler Sent ToEr Janine Brischler 1:0 Streeterii 9 Cedar Hill Road ul ------- Q' Miller Place, NY 11764 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------------x In the Matter of the Application of AFFIDAVIT OF POSTING #7958 LYNN CATALDO REVOCABLE TRUST Regarding Posting of Sign Upon Applicant's Land Identified as 1000-31.4 0-2 ---------------------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, PATRICIA C. MOORE, of Southold, New York, being duly sworn, depose and say that: On the 30 day of October, 2024, 1 personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the property, located ten (10) feet or closer from the street or right-of-way entrance (driveway entrance) - facing the street or facing each street or right-of-way entrance; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be THURSDAY, November 7, 2024, at 1:00 pm. Q-419fricia C. Moore Sworn to before me this day of �I Old Not ry Public MADISON MESSINA NOTARY PUBLIC,STATE OF NEW YORK Registration No.01 ME8370536 Qualified in Suffolk county 2t Commission Expires February • �"yAr.r 'i.:• ',��ia �. 1� �if.♦S' '`.! f;; !t.'.'yy'�.F._ r 7 Z 4 y i` t�� • ' t •fit' jam, 'f{. K�I .,• 9 ;, , R 5r t Ft la ✓ y YI �1T �•� jF, Jtrw I 'J�jM ? 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Air Ai .S � q�•L^�'� .fir ''T� f�e'fi,5. •`� h• e�, �♦ 111 1 ,ram•fi .'1 1 FF NOTICE OF �^w DISAPPROVAL ,� - F•.�, LEGALIZE'AS BUILT�ALTERATIONS 70 AN EXISTING ACCESSORY BU-LOING - :��'�`,.`. ••:�.l Ian.. ,��Y l'♦`-�," �y,ram�✓ _ -r j�s . f°:�I.�` ,J 77" �ra.'4} +�� �� ,, ,` .� .t `•�Ftr �'%5+' •'� v. "'II l��•� I► t i + I' r �.'" •�• `}K t' •f; ti ¢' . }`''r`, a1J�, ./�• 7..�,�ry� ^ 4 +.I' '� �•`�••'•y ' yh,. �� �' R �'11►��' •;�` !t:vh ♦6p1 '}t11�1T' 1/4` � , . • �"��� {'A�f,�ry, �P' ! `,��t+f' )) � d1 ♦� 1 �"�j�a � �y11�1► 7�t i � r I..'t �`F :4. lk „{ ' -a:«; t[, 'r" ,/yw7p•R' � "• Aug ,' ,.p; 4/Y1 TM.�.,.-��. IN - `Ylt', Y• 11 i t 1 `'• 4't -r' 1 �\•,p•rn.. � ��.r�� w:�'• �:a.���,: �;;t,`�'F.' 1I\-.Fe;+�,..1�, -zyt!+1�,, ;3\� •1.,��2T � � I �,4 .j _ . � '"t r rt�1� ,N•1 �,"•, .t '�fi"'a .ti 5,� „•;�+*:y ,�., a�� of �r a I� •f• r �t;-!•a' ' ( r,�r`Y. .M. ry.':"It 4 i.�r4 •'�.!y�q/,� ';fly '�i• 2��`'� •� {lt' e.• - 4 �/ �• +�f r. , � �� j r+ �f. Gh'S` .�♦:�fi+! •+apt Sys iA 't ,a C.40, A'A r.• .,�I ! ,.1 i I' r Appendix A - County Referral Form Appendix A—Suffolk County Planning Commission Guidebook Suffolk County Planning Commission Submission Cover Form for Planning and Zoning Referrals Municipality: Town of Southold Hamlet: East Marion Local Case Number: 7958 District: 1000 Section: 31 Block: 10 Lot:2 Local Meeting Date: November 7, 2024 Application/Action Name: Lynn A. Cataldo Revocable Trust Public Hearing: (�)Yes ®No Referring Agency: Type of Referral: _ Planning Board or Commission ❑✓ GML239/A14-14 S.C.P.C. Regulatory Review • Zoning Board of Appeals �SEQRA Coordination &Advisory Town Board/Village Board of Trustees Request for Informal Input from S.C.P.C. SEQRA Action: ❑EAF ❑Lead Agency ❑Draft Scope []Draft EIS Final EIS Findings Brief description of application or proposed action: Reversal of the Notice of Disapproval to legalize "as built" additions and alterations to an existing® accessory building. Type of Action Please check appropriate box below if action is located within the Suffolk County Pine Barrens Zone, within one mile of a nuclear power plant or airport or within 500 feet of.- - A municipal boundary, The boundary of any existing or proposed county, state, or federal park or other recreation area, The right-of-way of any existing or proposed county or state road, An existing or proposed county drainage channel line, The Atlantic Ocean, Long Island Sound, any bay in Suffolk County or estuary of any of the foregoing bodies of water, • The boundary of county, state, or federally owned land held or to be held for governmental use, • The boundary of a farm located in an agricultural district. Comprehensive Plan (Adoption or Amendment) Subdivision ESEQRA Only ❑Zoning Ordinance or Map (Adoption or Amendment) Use Variance Moratorium ❑Special Use Permit/Exception/Conditional Use Area Variance Site Plan ❑Code Amendment Official Map Note:The above represents a summary of the required actions subject to referral to the Suffolk County Planning Commission.The provisions of GML and Laws of Suffolk County must be used to verify which actions are subject to referral and the related procedural requirements. Contact Information Municipality Contact Name: Leslie Kanes Weisman Department/Agency: Zoning Board of Appeals, Town of Southold Phone Number: 631-765-1809 Email Address: elizabeths@town.southold.ny.us Applicant Contact Name: Lynn A. Cataldo/Patricia C. Moore Applicant Address: 51020 Main Rd. Southold, New York 11971 631-765-4330 BOARD MEMBERS O��OF S�UryOl Southold Town Hall Leslie Kanes Weisman, Chairperson p 53095 Main Road•P.O. Box 1179 .� .� Southold,NY 11971-0959 Patricia Acampora T T Office Location: Eric Dantes �pQ Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento ycougm Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD July 30, 2024 Tel. (631)765-1809 Ms. Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Ms. Lansdale: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File : # 7950 Action Requested : Reversal of the Notice of Disapproval to legalize "as built" additions and alterations to an existing accessory building. Within 500 feet of: (X) State or County Road ( ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town Within one (1) mile (5,280 feet) of: ( ) Boundary of any airport If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA irperson By: �km(61� Survey/Site Plan JM Land Surveying Date : April 27, 2023 BOARD MEMBERS ��zf so yo Southold Town Hall Leslie Kanes Weisman, Chairperson 53095 Main Road •P.O. Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes �pQ Town Annex/First Floor, Robert Lehnert,Jr. ly 54375 Main Road(at Youngs Avenue) Nicholas Planamento Couf+m Southold,NY 11971 http://soutlioldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 November 26, 2024 Patricia Moore Attorney at Law 51020 Main Road Southold,NY 11971 RE: ZBA Appeal #7958, Cataldo 9490 Main Road, East Marion SCTM No. 1000-31-10-2 Dear Mrs. Moore; Transmitted for your records are copies of the Board's November 21, 2024 Findings,Deliberations and Determination,the originals of which were filed with the Town Clerk. Before commencing any construction activities, a building permit is necessary. Please be reminded that the variance relief granted are subject to conditions, and be sure to submit an application along with a copy of the attached determination to the Building Department. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration,grant an extension not to exceed three(3) consecutive one (1)year terms. IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN. Failure to comply in a timely manner may result in the denial by the Building Department of a Certificate of Occupancy, nullify the approved variance relief, and require a new variance application with public hearing before the Board of Appeals If you have any questions,please call the office. Sincer , Kim E. Fuentes Board Assistant Encl. cc: Building Department , •- •'^ •- \ .r 't \ - - •`\i\,`t'�MATCH LINE �w�<<O SEE SEC.NO.Ot22 "\ - - ,�(µe t'`� t FOR PCL NO.SEE SEC.NO. 6.2 'p 'cs� _ DR.�.1a ',, - \ \ "eye;' .\0 `� - - .. 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Box 1179 Southold,NY 11971-0959 �'y • o� Telephone (631) 765-1802 Fax (631) 765-9502 https://www.southoldtownny.gov Date Received �I FOR BUILDING PERMIT :. t G/ For Office Use Only V;' s} I s IJ f PERMIT NO. Building Inspector: MAY 3 0 2024 Applications,and forms must be filled opt in their entirety..l'ncornplete,' ' applications,will'not be,aceepted: Where the.Applicant-]S not the owner;an'-.- _ - Owner's Authoriiationforrr'Pa e 2 shali:e com leted: Date: 5-30-24 0WNER(5) OF PROPERTY: L ( - Name: Lynn A. Cataldo SCTM#1000-31-10-02 Project Address: 9490 Main Road, P.O.Box 98 East Marion NY 11939 Phone#:631-680-7723 Ema11:1catpt37@gmail.com Mailing Address: same CON TACT PERSON: Name: Patr Moore Mailing Address: 51020 Main Road, Southold NY 11971 Phone#:631-765-4330 7Em-ail-.pcmoore@mo'oreaftys.com 77 DESIGN PROFESSIONAL,INFORMATION:;`. = Name: Mailing Address: Phone#: Email: C6NTIZi4CT09;I N FORMATION': Name: Mailing Address: Phone#: Email: DESCRIPTION OF PROPOSED°CONSTRUCTION. „= . ❑New Structure ❑Addition RAlteration ❑Repair ❑Demolition Estimated Cost of Project: ❑Other preexisting cottage $ Will the lot be re-graded? ❑Yes El No Will excess fill be removed from premises? ❑Yes ❑No 1 PROPERTY INFORMATION;., Existing use of property: residential Intended use of property:residential Zone or use district in which premises is situated: Are there any covenants and restrictions with respect to R_40 this property? ❑Yes ®No IF YES, PROVIDE A COPY. O-Check Box After Reading: The owner/contractor/design proiessional isrresponsible,for all drainage and storm water issues as provided by_' Chapter 236 of the Town,Code: AP,P•LICATION IS HEREBY MADE to the Building Department for th6 issuance of a Building,Permit,pursuant to.the Building Zone O�dinance'of the•Town'of'Southold,Suffolk;`County,N6wj �k and other applicable Laws;,Ordinances or Regulations,for the'construction.of buildings, additions,alterations:or�for removallor'demolition as�herein�:described.Tfie,appiicant'agrees fo comply with all applicable laws,,ordinances,building code, ' housing code and: egulations,arid to admit authorized rrispectors,onypremisesand:in Building(s)"for,necessary`inspections-False statementsmade herein are punishable as•a.Class.A misdemeanor pursuant to Section 210:45 of the New York State-Pena 1aw. Application Submitted By(print name : Pat Moore BAuthorized Agent Downer Signature of Applicant: ,� Date: STATE OF NEW YORK SS: COUNTY OF Suffolk ) Pat Moore being duly sworn, deposes and says that(s)he is the applicant (Name of individual signing contract) above named, (S)he is the attorney (Contractor,Agent,Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application;that all statements contained in this application are true to the best of his/her knowledge and belief; and that the work will be performed in the manner set forth in the application file therewith. ` Sworn before me this , day of N`Q 20 1 Notary Public KYLEE S DEFRESE NOTARY PUBLIC-STATE OF NEW YORK PROPERTY OWNER AUTHORIZATION No-01DE6420156 (Where the applicant is not the owner) Qualified in Suffolk County My Commission Expires 08-02-2025 Lynn A. Cataldo residing at 9490 Main Road, East Marion do hereby authorize Patricia C. Moore to apply on my behalf to the Town of Southold Building Department for approval as described herein. 30 ner's Signature Date Lynn A. Cataldo Print Owner's Name 2 OFFICE OF PATRICIA C. MOO +ORE 51020 MAIN ROAD SOUTHOLD NY 11971 "J'ASAPPROVAL 631.765.4330 � MQ � AND M BUILDING DEPARTMENTOF THE TOWN OF SOUTHOLD ROM. PATRICIA C. MOORE(BY ) _AaA ECT. CALALDO PREEXISTING 2ND DWELLING ATE: 5-30-24 BE COMMENT. Dear Building Department: Ms. Cataldo has an existing pre-existing cottage(with a pre-CO)located on her property at Rt 25 and Bay Avenue, behind her residence(1000-31-10-2) the owner wishes to make additional alterations to the cottage which will require a building permit(replace window in 2nd bedroom for egress). The existing garage was converted to a living room and a 2nd room(previously storage)will be converted to a 2°d bedroom. These interior modifications are not structural,an electrical inspection will be required. The egress window in the 2nd bedroom will require a building permit. The dwelling has a long-term tenant who was leasing the dwelling prior to adoption of a rental permit requirement. The tenant is a local therapist who lives and works in Southold Town and when my client applied for a rental permit,Connie at the building department advised the client that they could not issue a rental permit because alterations to the cottage were made without Zoning Board approval. The use is legal(residential use)in a nonconforming structure. (Dawson v.Zoning Board of Appeals-Appellate Division) The use is conforming and is eligible for a building permit without a variance. Attached is a current survey,the plans and pre-CO for the cottage. If you will not issue the building permit,then please issue a"notice of disapproval"as soon as possible. 1 s 2 318" OVAL VINCENTBENICARCHITECT - ' . . PO Bolt 92,Southold,NY 11971 .. www.vbareh com 917-414-1925 Issued/Revision . . 6/23/23 MASUBMISSION 5/24P24 . ZRA SUBMISSION N to LIVING ROOM 0 CV Drawings&spedBcatlons as Instruments of professional service are,and shall remain,the property of VINCENT BENIC ARCHITECT. No reproduction;In whole or In part,shall be made - ARCHITECT. without the mitten authorization of VINCENT BENIC 11'81/8" This document Is Intended solely for the construction of the _ - - Project named herein and shall not be used by any other parties for any other construction without,the written consent of VINCENT BENIC ARCHITECT. N rr W T` BEDROOM. EXIST WINDOW TO s BE REPLACED:wi TOTAL INTERIOR '744 t = CODE COMPLYING WINDOW SQ. FT o TAX MAP BATHROOM m 1000-311.-10-2 o,."� °��� KIT. �� £g �o �s 8'-11/4" ZONE: R40 o Oa .O a FRONT YARD: 50' ¢SIDE YARD: "1.5 BOTH SIDE YARD: 35' REAR YARD 45' ,v ,: . ,� LOT COVERAGE. Zoo/O VBA PrqJ#: _ Seal: ACCESS. STRUCTURE 15' 373.2 .. - Drawn: - "s WN Checked: VB LOT AREA CALC. DIN-ING- RM BEDROOM 5 LOTAREA: 18,468 SF � Vinci Benic AIA, BUILDING ? SF NYS#014d83 Project COTTAGE.- : 742 SF 9490 cOTrAGE SHED ? SF 9790 MAIN RD. EAST MARION NY 11939 - WALKS ? SF Drawing Title NBA FIRST FLOOR PLAN TOTAL: ? SF 14'-101/9' ?% LOT COVERED'.. . Drawing Number A-101 VBA 4, . _ - VINCENT GENIC ARCHITECT I 1 1 1..,..1' ' a d -1 .1 •�1.. 1 .1-. _ f -'1 •.•'.I .,,1 •i . '1 d t 1•.'^1 -..1 1:� 1 - •I :,V s 1: ..-1 PO Box 92.SoIMold,NY 11971 :,._i 'I ":1 ._'1- .1.,.. ,- :f I •:!', h:._. .i'.•.I' I.. .�..L •`I' '.I ,-•.I www.vbarch.tom -{ I 11 I I 1';-.; - I�-•, .L_ - I,,_- I _ Ir-. 'I _ {t. 1.• I' ^I;-.. 1;:.' 9 17-41 4-1 9 25 :1, P ,r - .1 'tz - - 'r.- I• -'I - -•.I - ,I .I ..{l. Ir...l' - -1, t - i• Issued/Revision -'I •I' I i - 'Y1 ,4 ,..1 .1' "d.-, r { •I 1 -:I l- .i. i, ' I. 1. i .I— 1 ::l i=. r•:. l '•.r 6/23/23 ZBA SUBMISSION - 5/29/24 ZBA SUBMISSION • -.-1 - I- {• - � I � I- I . I I- - I"I- 1 I -`I .. tr�. l.- 1 - 1 I f.-,i I 1 - -1`� .P� 'I'. - I �! - I_ .• .1 - I-• _ r ..I ,I �i ._ .. 1 .I �. :I '! 1 I- '1 1 i . aALUMINUM Drawings R specifications as Instruments of professlonal service 3 -•F SIDING are,and shall remain,the property of VINCENT GENIC e i fE M ARCNIfECL No reproduction,In whole or In part,shall be made W_ ASPHALT without the written endedlzatlon for VINCENT BENIC A of Cf. This document Is Intended solely for the construction of the M named herein a shall not be used by any other parties SHINGLE ROOF for any- a for arty other construction without the written consent of VINCENT BENIC ARCNIIECr, 4 NORTH ELEVATION Scale: 1/4" = 1'-0" 0 1 2 3 4 . 5FT hN3N p ASPHALT SHINGLE ROOF ,'�,;'.r•_- �I: -:t:::,t.. :,- - .,,•.,.; _�.I•" .:1 "i_= _ `,_�-�� .� �' ALUMINUM sal SIDING VBA Prof S: Seat: O 378.2 . s Drawn: WM .� � Checked: 00 N Ya IE M ' IF ! Vinci Genic AIA, 1�1 - NYS#0ln Cd A 1� Protect COTTAGE 9790 MAIN RD. EAST MARION NY 11939 Drawing Title L / 1-3 1/2" //��] W NORTH 8�WEST 2 EST ELEVATION ELEVATION Scale: 1/4" = 1'-0" Drawing Number 0 1 2 3 4 5 FT A-2 01 _ I VBA VINCENT BENIC ARCHITECT �, ♦ PO Box 92,Southold,NY 11971 ► .�_ www.vbarch.com sA1�4' r•. 917414-1925 1 Issued/Revision r 6/23/23 ZBASUBMISSION 5/29/24 ZBA SUBMISSION fill - - _ Drawings h ll remain,t s as Instruments of professional service / are,and shall remain,the property of VINCENT GENIC M ARCHITECT. No reproduction,In whole or in part,shall be made Y + without the written authorization of VINCENT BENIC ARCHITECT. wn _ .. '`e�{ This document is intended Solely for the construction of the +r;N _ "� -.i "°�` ,1�i ,»y project named herein and shall not be used by any other parties "1 — .� for any other construction without the written consent of '��' VINCENT BENIC ARCHITECT. Scale:OU STH ELEVATION 3 5 FT `, •� _. �9 >y ,r •� ice" - _ - _ �IR�� '�J _ _.��—�s.,•� �.� VBA Pro]?'. Seal: 378.2 Drawn: s WM Checked: VB Vinci Benic AIA, (+ NYS#014�83 Project #� C OTTAG E 9790 MAIN RD. EAST MARION NY 11939 Drawing Title SOUTH & EAST 2 S2 TH & EAST ELEVATION ELEVATION Sale• Drawing Number A-202