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HomeMy WebLinkAbout8017 -it cmsi7'vd- ,ddl- hnj am ash` a wetll`� ekz p used AQ.s d had p �c� Owner: D now File#: 8017 Address: 420 Cedar Dr U J Code: 18RL Agent Info AMP Architect/Anthony Portillo null P O Box 152 Mattituck , NY 11952 CD Phone: 631-603-9092 Fax: Email: aportillo@amparchitect.com NO �A 6E� i Pk(o?- r2 mb IUo SRC' WD- 0"uV3 BOARD MEMBERS ��OF SOUT Southold-Town Hall Leslie Kanes Weisman, Chairperson ,`O l0 53095 Main Road•P.O. Box 1179 Patricia Acampora Southold,NY 11971-0959 Robert Lehnert, Jr. Office Location: Nicholas Planamento • �O� Town Annex/First Floor Margaret Steinbugler CD�N� 54375 Main Road(at Youngs Avenue) Southold NY 11971 RECEIVED http://southoldtownny.gov �- g•58 1qm ZONING BOARD OF APPEALS JUN 2 3 2025 TOWN OF SOUTHOLD Tel. (631) 765-1809 S®nth®td k4wmn er'� FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 18, 2025 ZBA FILE: #8017 NAME OF APPLICANT: Beverly Papapietro PROPERTY LOCATION: 42 Cedar Drive, Southold,NY SCTM No. 1000-78-9-8 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 further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was not required to be referred to the Suffolk County Department of Planning under the Suffolk County Administrative Code Sections A 14-14 to 23. 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 12,000 square foot non-conforming parcel, located in an R-40 Zoning District. The property is a comer lot with a 100 feet frontage along Cedar Drive,then turns east for 120 feet to the rear lot line,then turning south for 100 feet toward Summit Road, where it returns 120 feet along Summit Road to Cedar Drive. The property is improved with an existing one-story residence with a wood deck at the rear of the house, and masonry at-grade patios in the rear yard. The property also has an accessory shed located in the rear yard, as depicted on a land survey prepared by Michael Scalice,Land Surveyor, last revised on September 17,2021. BASIS OF APPLICATION: Request for Variances from Article XXIII, Section 280-124 and the Building Inspector's April 3, 2025 Notice of Disapproval based on an application for a permit to legalize an "as built" deck addition and to construct additions and alterations to an existing single family dwelling; at; 1)proposed construction less than the code required minimum side yard of 10 feet; 2) "as built" deck addition less than the code required minimum rear yard setback of 35 feet; 3) more than the code permitted maximum lot coverage of 20%; located at: 420 Cedar Drive, Southold,NY. SCTM No. 1000-78-9-8. RELIEF REQUESTED: The applicant requests variances for the following: 1. The proposed construction has a side yard setback of 8.4 feet where a minimum of 10 feet is required. 2. The"as-built" deck addition has a rear yard setback of 22.8 feet where a minimum of 35 feet is required. 3. The proposed and"as-built" construction has a lot coverage of 23%where a maximum of 20% is required. ADDITIONAL INFORMATION: As per the applicant's agent,the proposed addition is a small bathroom addition to accommodate a handicapped individual, and does not exceed the setback for the existing roof overhang. The Page 2,June 18,2025 #8017,Papapietro SCTM No. 1000-78-9-8 applicant's architect submitted copies of three prior.ZBA variance determinations in the general area; one that approved excessive lot coverage and two that approved non-conforming rear yard setbacks. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on June 5,2025 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(1). The granting of the requested variances will not result in an undesirable change to the character of the neighborhood, nor will it cause any detriment to adjacent or nearby properties. The surrounding neighborhood is characterized by a mix of modestly sized to mid-sized single-family homes,many of which feature small-scale additions, rear decks, and similar improvements that enhance livability while maintaining a small-scale residential aesthetic. The subject corner lot is well screened with solid fencing and mature landscaping along the property lines and neither the proposed addition or as built deck in the rear yard will be visible to the street. The proposed 8-foot 10 inch by 1 foot 8-inch addition to enlarge the existing bathroom has been designed to align with the existing architectural footprint of the home, and does not extend beyond the setback established by the existing roof overhang,thereby preserving the visual continuity of the streetscape. 2. Town Law V67-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. Due to the existing setbacks of the house, any additions in the side yards would require variance relief. Since the existing lot coverage is 22.9%. which already exceeds the code permitted maximum of 20%, any additional structure on the property will require a lot coverage variance. 3. Town Law 4267-b(3)(b)(3). The variances granted herein are mathematically substantial. 1. The side yard setback of 8.4 feet represents a 16% relief from the code. 2. The rear yard setback of 22.8 feet represents a 35% relief from the code. 3. The lot coverage of 23% represents approximately 15% relief from the code. However,the proposed addition does not exceed,the existing roof overhang setback and only constitutes an additional .1% lot coverage, and, while the existing as-built deck exceeded the permitted maximum lot coverage by 2.9 percentage points,with the condition imposed herein to remain open to the sky and unenclosed, it will be in keeping with other decks in the neighborhood. 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 subject deck and proposed addition are fully screened from view form both street frontages on the subject corner lot and from adjacent properties, and the applicant must comply with Chapter 236 of the Town's Storm Water Management Code and the conditions of this board. 5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect, and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a small bathroom addition, and an accessory rear deck while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. Page 3,June 18,2025 #8017, Papapietro SCTM No. 1000-78-9-8 r RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B,motion was offered by Member Lehnert,seconded by Member Planamento,and duly carried, to GRANT the variances as applied for and shown on the Site Plan and Architectural Plans(Sheets ZBA-0I thru ZBA- 05)prepared by Anthony Portillo, R.A., and dated February 13, 2025. SUBJECT TO THE FOLLOWING CONDITIONS: 1. 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. 2. 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. 3. The "as built"rear deck shall remain"open to the sky", and shall not be enclosed in any way. 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 ri,-ht 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 relief granted herein, will result in delays and/or a possible denial by the Building Department of a building permit and/or the issuance of a Stop Work Order, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s)granted herein as shown on the architectural drawings,site plan and/or survey cited above,such as alterations, extensions, demolitions, or demolitions exceeding the scope of the relief granted herein, are not authorized under this application when involving nonconformides 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. TLWE 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 COMPLUNCE WITH Page 4,June 18,2025 #8017, Papapietro SCTM No. 1000-78-9-8 THE CODE REOUIRED 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), Planamento, Lehnert and Steinbugler. (4-0)(Member Acampora Absent) L 4Kanes Weisman, C irperson Approved for filing V J2025 W r a N'•: *:' - NATIONS MA'I�II DING ' y ? E I � � ,� ZO,NINC�`RE6 a SOUTHOL.D�TOWN, 0-20'1 (A)GII 1;g '":A ^��V. -Nk T4! �iYk. 2 '41}fd.s L /Y Il4}. A Y W Z Yl ..i y�4 '.T3e4 FJn"'Y :l".' tt.Y �. ..(' i` t g'V. , .L.t , L ?G�$`l.. .��� ?":� re�.T.�t+' ,. .6� /. -.. _.. � _'�` .:- :��- 'Sc Wit;''-:,:.:r ? ,r .,�:• ,�.�.�,� . LOT SIZE/AREA IN 2p00.0 ALLOWABLE TOTAL SOUTHOO1^W E2 I24+(G)*5 ` �? � f s x "� ` m w o 12,000.0 5.F. 6FA � =s .:�d .3: �n ta* , x ,ffi x:.->e .<? fi:., z v,3 EXCESS OF 10,000 S.F. 6FA O z= (b) LOTS CONTAINING UP TO 5,550 S.F. EXIST. PROPOSED COMPLIES ¢c c 20p00 5.F. MAX. F"'x" ALLOWABLE 5.F./PLUS MIN.PRIMARY Z 35.0' 35.0' 35.0' YES o Q 12.5% OF EXCESS LOT 2,100.0 S.F. 250.0 S.F. 2,350.0 S.F. 2,236 5.F. FRONT YARD o a F AREA OVER 10,000 5.F. MIN.SECONDARY `J =Q FRONT YARD 20.0' 24.8' 24.8' YES w W >-z >>�ma 100.0' S25°05 30"W MIN. SIDE YARD 10.0' 10.0' 8.4' NO m w a 3 T �_ W 1 g -1 O ZJ� Z V O Q q MIN.REAR YARD 35.0' 22.8' 22.8' NO �a�W� (� MAXIMUM HEIGHT 55.0' 14.1' 14.1' YES 121 LL�E O W= E a�zz=3 J cos=3 n LOT,�GOVER, 6E _o EXIST.PATIO® EXIST. - axx�m ASPHALT GRADE O SHED, DRIVEWAY SOUTHOLD TOWN GORE 280 124 (B)` GRAVEL <15,IN EXIST.PATIO m HEIGHT O AREA %LOT y w �a GRADE DESCRIPTION(FOOTPRINT) COVERAGE c0: OwiZz ooSQo TOTAL LOT AREA 12p00.0 S.F. W�=z ISB' az.t;rcz I EXIST.PATIO 6 I L EXISTING DWELLING 2,150.0 5.F. 152% o z a W w mS w W i Q R GRADE AS-EUILT WOOD EXISTING SHED 101.0 5.F. Ob% Y W Z V W C n DECK `t `u3�ioa AS-BUILT WOOD DECK 255.0 5.F. 2.0% ~ a`�' EXIST.WALKWAY 55'REAR 5ETBAGK ___ _ 10.0' I OVERHANG EXISTING REAR STOOP 36.0 S.F. I.6% - 64.4' a m O EXISTING FRONT COVERED EXIST.CHIMNEY 4 wn O PORCH IQI.O S.F. 1.6% ENTRY STOOP Of < PROPOSED DWELLING % ADDITION ITO S.F. 0.1 EXIST.PROPANE I TOTAL FROP05ED AREA OF TNAK ALL +J _ o STRUCTURES U EXI5TIN6 ONE STORY Q } MAXIMUM LOT COVERAGE ALLOWED: 20% DWELLING o EXISTING LOT COVERAGE = 22.9% "J o 25b' o Q PROJECT/Z__ONING DATA - y 7YAR�l �/ _ - 8,4 _-` 135' 24.8' TAX MAP# 1000--i8-09-OS Q (f� ��� - ZONING DISTRICT R40 NON-CONFORMING ADDITION WITHIN EXISTING 22°ROOF GofO - PRIVATE ONE FAMILY #Z-51217;MAY Iq"i3 OVERHA EX15T1 OD W FINAL AP Goo o-1 DETACHED ACCESSORYEeCK ikZ-16815;APRIL Ia88 Q STAIRS TO AND DECK(AT REAR OF DWELLING) au REVIE E® BY ZBA REMOVED °m D E C I S I O ALTERATION AND RENOVATION aZ-2595;SEPT. 1998 N TO AN EXISTING ONE FAMILY26.2' --- -- i DATED: a DWELLING35' GOfO - ALTERATION TO AN EXISTING #Z-2410b;JANUARY 2002 rl ti ONE FAMILY DWELLING Z a1 w GofO -EXTERIOR ALTERATION5 O O �►44444;AUGUST 2023 p 1 DWELLN6 6 SINGLE FAMILY Ll.I Q z a � OZ ASPHALT DRIVEWAY Q W 0 R CEIVED a- Z " O SITE LAYOUT NOTES: Q W O = O C4 I. THI5 15 AN ARCHITECT'S SITE PLAN 4 15 0- SUBJECT TO VERIFICATION BY A LICENSED O O I AP1 `t��� SURVEYOR. THE INFORMATION - L r 1 REPRESENTED ON THIS SITE PLAN IS TO THE ��i4e A$��'1 y ARCHITECT'S BEST OF KNOWLED6E. �`� "�s O a. OARp,OF AppEAtS 2.SURVEY INFORMATION WAS OBTAINED �� G�� �p � m FROM A SURVEY DATED O�I/1'i/2021 AND '` � �QNING PREPARED BY: SCALICE LAND SURVEYING P: 631-95"i-240o O loo.o' N25°o53o"E MJLANDSURVEY.GOM r -}`;_ 9 ul)N ' PROPOSED SITE PLAN CEDAR DRIVE SCALE: 1" = 15'-0" o a W A5-BUILT DECK EX15T. W.a o Z~W3 J F•2 — .� . z Rt o ll 0 O Z J x U y'W "? ! mFa w I I o=zg�u I I I I I EXIST. mg KITCHEN L J 251 5.F II . — . — I zcLLe= I J�owQ EX15T. LIVING I 0.W.so3 ROOM I I l 1 I ow<NE C I3685.E -- ------- �' ax<� I REF. W ZQwQO E S.2 W Q I $ DwiZz mx Qor W =Z W Q W C Q O I zirD¢a IL I I x WyaOa F F m o m u ------------- - EX15T. LIVING ROOM EXIST. EX15T. 253 s.F GARAGE BEDROOM IS'1 5.F 120 SF — U I I N m + EX15T. I E BATHROOM U c: 45 S.F I 0) EXIST. _ _ _ _ — — _ J a 5'-O" BEDROOM EXIST. I01 s.F PORCH I - Q ry r 0 I -I AL MAP REVIEWED BY ZBA -- --- ----- I ---------------- I DATED: _� I;1�1.� 0Z ti I wo � � EX15T. Qj a > c Z BATHROOM I Q 0 w 33 5.F RECEIVE® Q W o = d CL � EX15T. STOOP TO BE EXIST. I API E 5 U25 y `� REMOVED BEIDROOM I ®��� �D A �'` & a EXIST. MASTER ZONING BOARD OF APPEALS BEDROOM N I"I6 5.F 0 I L ON N �A21", ' Q EXISTING FI95T FLOOR PLAN �'�� 3741OF N o a - W d' Q N AS-BUILT DECK N m d C EX15T. o Z o l 3 STOOP — — — — — — — — — — — — — — — — — — — — — — —1 »a U. O .ap .Nw� F O O I pZJ= � o 0 0 DW I LLJ�=J ypj W J~z I . — _ N�Fina L � I m�a3ir I II o II z�o¢N I II EXIST. KITCHEN _ I p 1�O W U L . — . — 281s.F a°LLp3 J�OW¢ EXIST. LIVING I I I oMF�� yaoNa O W p O ROOM i I -R I 368 s.F � EXIST.------ z a�Z�LL _ REF. I — _ 225F I � uNiwk�¢ c�i ow3zz oo5�p LL W p N a z¢Wpaa � I p N ~U� I ' y(73HY 1=-GCC U I EX15T. LIVING ROOM EX15T. 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MASTER I �A rl� BEDROOM I go c� Q In ®�^ ' - PROPOSED F I RST FLOOR PLAN W W m I — � SCALP: 3/I6" = I'-O" ��_- l_ . — . — . — . — . — . — . — . — . — . — . — . . . . . . . . . . . . . — . — . — . o a - r-ry--•- r�nlnmrmi iim �ma �mmmn mn � I�mmrma �ml �np ��imnmm mn � � I mrmm�� mm� mn� i�mn�rm mn i �mimi�mm�i inn m�i� i°in no 0 0 , mn I m�mm�mnmm�nmmimmmmmmmn�mi��mn 0 0 0 0 mm I " imnmmmn�mnrmi��mmmm mmnnmmmn - II� i �n��mm�m�m�inm�Im111�l�lll�l�i1 imn��nm�i m►� DODO nn°��m �mmmm imm�ln°��immm �mnmlm�l ��mim�mmnmm . EVIEWED BY ZB ... �m�mm�mm m'n ■ nn"'i""mmrmmim mmim nmmmin �i ' '' ---- to : . m� �mm�mmm immm�mn�a_....�n�mm� mm��m�mi DATED . EL CM INTO 10�; .. .. ,y .j w Q A Z w Y m w pQQ O z K r J J UZ W Q U Q W ml-"agw O=ZJw 2U OQ V1 AS-BUILT WOOD W DECK -,— ZoOWo= 255 S.F. _Z.a zoa0 V w�so3 u)6¢wQ O N z ZQWap V��� uwk>zQ LL O-frA 0 O W RECEIVED <W a z¢Woa a a y Q U gU_' APR 15 ZU25 w�- f EXIST. �ccau K I TGHEN I ZONING BOARD OF APPEALS A5-BUILT WOOD DECK U SCALE: 5/16" = 1'-O" -j ❑ L LL ❑ INAL MAP Will EVIEW ECISION# o ATED:F ITQ ¢ z Q O wo Li Q W N O 0- I iL o O y IL a AS-BUILT WOOD PROPOSED Q u S eu(M L) DECK ADDITION1LO O cP "' C41 74d� �� o REAR ELEVATION ®F SCALE: 5/16" = 1'-0" cv o a SYMBOL LEGEND 0- MONUMENT FND 7,y, FIRE HYDRANT © GAS METER FE. FENCE 0 I.P. /I.B. FND (0 MANHOLE ❑W WATER METER MAS. MASONRY GY I.P. / I.B. SET "A"-INLET p4 GAS VALVE PLAT. PLATFORM ,p555 SPOT ELEVATIONS "B"-INLET pd WATER VALVE. W.W. WINDOW WELL 1-- TRAFFIC SIGNAL POLE °E"-INLET TEST HOLE B/W BAY WINDOW CO-3 UTILITY POLE 0 YARD INLET TREE C/E CELLAR ENTRANCE �•/ l >- GUY WIRE YARD INLET SHRUB - 0/H OVERHANG UTILITY POLE W/LIGHT ® CABLE TV BOX • BOLLARD R/O ROOF OVER �ER�ED x ( LIGHT POLE A/C UNIT & WETLAND FLAG L.S.A. LANDSCAPED AREA SIGN ❑E ELECTRIC METER CANT. CANTILEVER D.C. DEPRESSED CURB Z �II���EOF APPEALS I I a I Z w I FM LOY' 7 w TAX LOT 7 I a FM LOT 16 TAX LOT 10 0 PLASTIC N S64054'30"E FEN FEN ' P/S / HED t1/S SET REBAR SET 0.3' CIA 6' STOCKADE FEN. 120.00 1.6'� 8 REBAR 6' STOCKADE FEN. ' `f HEDGES OD WO DECK +WA L FEN FEN so <_e a...'.,..ti_. _e._. '_;.w 51.36 S.F. 3.3' 0.3'� 1-0.3' r MAS. t r t 0.4' ROPANF T O 48.51 I35.0' -/ 1. �r� / r 1 STORY; / J ' % t BRICK/&/FRAME " Y� WALL O ' / /' l ,� / R.R T CIO RESIDEN E� i 1.6' w o ; 42C ; / , / WALL i. R.R.T. WALL f CN %' l j j l / L ! / w > �/ r� R.R.T. WALL o � ) U) w FM LOT 8 1 ! �! i ,I ll 36t7 ',MAS t /<, 3 FM LOT 17 W o I r'a I a i [ a ✓ TAX LOT 9 A I TAX LOT 8 ILL r I % i l l / wof =N 3L0 / zo c"„� I p N �% �/ ` / // // 14.1 w FEN A � crP;<. 1 0- �m j % a FEN 0.3' o l / , !I / c 0.2 ' 6' STOCKADE FEN. w �. l I I _ WOOD RAMP C> WALL � I� ! � ; J ! / � � DECK (40") Ld 13.89 S.F. --►FEN o I¢3.5' R.R.T. WALL R.R.T. WALL L / % 237.96 S.F. 0.4' W w FRAME p a w t �t In i w ! 14.1.' /� o r , I ¢ ASPHALT r�/i Q 1` 1SHED! o o W Y WALL DRIVEWAY / o , % 01.04 S.F �.L- L) 3 4' ! 26.5,' 4 CHAIN LINK FEN 1 / , j n o Q .,, V) M 5 w t 4 4T7 Y� R.R.T: cq ow R.R.T. W o� i; i cG,fiAV�fL Lp 4 WALL qL( O L C PRFA T r" I I FEN Io CIA CIQ i / Mq W�REtF�E{yTj� '� ICIO I r x 1 00 N { A } � IFEN FND. o� LREBA I / PIPE. DRV 4°5430 W 120.00' 1.3 ii '+ — a I 3.1'�I =w GRAVEL o� Y Tx ( t�i+ a> I I DRIVEWAY � LOT AREA - — - - - - - - - - - - - - - - - - - - - - - -L`- ---- 12,000.00 S.F. EDGE OF PAVEMENT 0.28 AC. SUMMIT LOAD (50' WIDE) GRAPHIC SCALE 20 0 10 20 IN FEET 3 9 17 2021 SQUARE FOOTAGE ADDED JPH JL 2 9 17 2021 COVERAGE CALCULATIONS ADDED JPH JL 1 inch = 20 ft. 1 4 8 2019 PROPERTY STAKE OUT JPH MJS REV DATE DESCRIPTION BY CHK OF NEW SURVEY OF PROPERTY �� Y0SCALICE LOT 8 �P'�PEU J. Scq�� � MAP OF BAYSIDE TERRACE * * land surveying slandsurve Caryl P:631 —957-2400 FILE DATE: 03/11/1953 MAP N0. 2034 � y' SITUATE lcF,l- 050 �io� m�DR.:MC CREW.:AL SCALE: 1" = 20' SUFFOLK TAX MAP NO. BAYVIEW, TOWN OF SOUTHOLD eD LAND 1000 07800-0900-008000 S U FFO LLK COUNTY, NEW YO R K DATE SURVEYED:04/01/2019 JOB No.S19-0587 (T)UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY MAP BEARING A UCENSED LAND SURVEYOR'S SEAL IS A VIOLATION OF SECTION 7209,SUB-DIVISION 2,OF NEW YORK STATE EDUCATION LAW.(2)ONLY BOUNDARY SURVEY MAPS WITH THE SURVEYOR'S EMBOSSED SEAL ARE GENUINE TRUE AND CORRECT COPIES OF THE SURVEYOR'S ORIGINAL WORK AND OPINION. (J)CERTIFICATIONS ON THIS BOUNDARY SURVEY MAP SIGNIFY THAT MAP WAS PREPARED IN ACCORDANCE WITH THE CURRENT EXISTING CODE OF PRACTICE FOR LAND SURVEYS ADOPTED BY THE NEW YORK STATE ASSOCIATION OF PROFESSIONAL LAND SURVEYORS,INC.THE CERTIFICATION IS,LIMITED TO PERSONS FOR WHOM THE BOUNDARY SURVEY MAP PREPARED.TO THE TIRE COMPANY,TO THE GOVERNMENTAL AGENCY,AND TO THE LENDING INSTITUTION LISTED ON THIS BOUNDARY SURVEY MAP.(4)THE CERTIFICATIONS HEREIN ARE NOT TRANSFERABLE.(5)THE LOCATION OF UNDERGROUND IMPROVEMENTS OR ENCROACHMENTS ARE NOT ALWAYS KNOWN AND OFTEN MUST BE ESTIMATED.IF ANY UNDERGROUND IMPROVEMENTS OR ENCROACHMENTS EXIST OR ARE SHOWN,THE IMPROVEMENTS OR ENCROACHMENTS ARE N01 COVERED BY THIS SURVEY.(6)THE OFFSET(OR DIMENSIONS)SHOWN HEREON FROM THE STRUCTURES TO THE PROP ERtt UNES ARE FOR A SPECIFIC PURPOSE AND USE AND THEREFORE ARE NOT INTENDED TO GUIDE THE ERECTION OF FENCES,RETAINING WALLS,POOLS,PATIOS PLANTING AREAS.EXIST NS TO BUILDINGS.AND ANY OTHER TYPE OF CONSTRUCTION.(7)PROPERTY CORNER MONUMENTS WERE NOT SET AS PART OF THIS SURVEY.(e)THIS SURVEY WAS PERFORMED WITH A SPECTRA FOCUS 30 ROBOTIC TOTAL STATION. (9)THE EXISTENCE OF RIGHTS OF WAY AND/OR EASEMENTS OF RECORD IF ANY.NOT SHOWN ARE NOT GUARANTEED. RECENEO TOWN OF SOUTHOLD APR 1.5 .2025 BUILDING DEPARTMENT SOUTHOLD,N.Y. ZONING gOAR®OF APPEALS NOTICE OF DISAPPROVAL DATE: April 3, 2025 TO: Brooke Epperson(Papapietro) PO Box 152 Mattituck,NY 11952 Please take notice that your application dated February 13,2025: For permit: to legalize gn"a§built"deck addition and to construct additions and alterations tot an.existing sin leg family.dwelling-at: Location of property: 420 Cedar Drive. Southold.NY County Tax Map No. 1000—Section 78 Block 9 Lot 8 Is returned herewith and disapproved on the following grounds: The proposed construction..on this nonconforming 12,000 sg..ft. lot in the R40 District, is not permitted pursuant to Article XXIII Section 280-124 which states lots measuring less than 20.000 square feet in total size require a minimum side yard setback,of 10 feet. The proposed construction has-a minimum side yard setback of 8.4 feet. The "as built" deck addition is:.not permitted pursuant to Article�XXIII Section 20-124, ! which states lots measuring less than 20,000 square feet in total size require a rear yard setback of 35 feet The deck has-a'-rear yard setback of 22.8 feet. i The proposed and"as built"construction are not permitted pursuant to Article XXIII Section 280-124 which-states lot coverage can be a maximum of 20%a. The lot coverage is at 23%. 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. ` r RECEIVED QQ OQ I Fee:$ Filed By: Assignment No. APR 15 2025 APPLICATION*TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE ZONING BOARD OF APPEALS House No. 420 Street cedar Dr, Hamlet Southold NY 11971 SCTM 1000 Section 78 Block 09 Lot(s) 8 Lot Size 0.28 Zone R-40 nonconforming I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 04/03/25 BASED ON SURVEY/SITE PLAN DATED_02/13/25 Owner(s): Beverly Papapietro Mailing Address: 580 Hillside Court,Barrington,IL 60010 Telephone: 847-373-8703 Fax: Email: bpapapietro525@gmail.com NOTE:In addition to the above,please complete below if application is signed by applicant's attorney,agent,architect, builder,contract vendee,etc.and name of person who agent represents: Name of Representative:AMP Architecture for(x)Owner( )Other: Address:PO Box 152,Mattituck,N.Y.11952 Telephone:631-603-9092 Fax: Email:APORTILLO@amparchitect.com Please check to specify who you wish correspondence to be mailed to,from the above names: ( )Applicant/Owner(s), (>0 Authorized Representative, ( )Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED_02/13/25 and DENIED AN APPLICATION DATED 02/13/25 FOR: (x)Building Permit ( )Certificate of Occupancy ( )Pre-Certificate of Occupancy ( )Change of Use ( )Permit for As-Built Construction ( )Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article:xxlll Section:280-124 Subsection: Type of Appeal. An Appeal is made for: (x)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 A prior appeal(VS has, ( )has not been made at any time with respect to this property,UNDER Appeal No(s). 1401 Year(s). 1971 . (Please be sure to research before completing this question or call our office for assistance) Name of Owner: ZBA File# Wilbur Verity 1401 REASONS FOR APPEAL (Please be specific, additional sheets may be used with preparer's signature notarized): 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted,because: An undesirable change will not be produced in the character of the neighborhood or a detriment to nearby properties because the small addition (10'5"by 1'8")is concealed by trees and the front gate,making it hidden from the street.The slight reduction in setback(8.4'instead of 10')will be fully under the existing roof overhang. 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: The existing location of the house does not allow for the addition to be added within the required side yard setback.The most economical and feasible means for the homeowner to gain more space in both bathrooms is to renovate these rooms in their current locations.In addition,please see a hardship letter provided by the homeowner explaining the reasons behind the need to alter these bathrooms. 3.The amount of relief requested is not substantial because: The amount of relief requested is not substantial because the small addition(10'5"by 1'8")only slightly impacts the setback.The minor reduction in setback(8.4'instead of I U)will not noticeably alter the character of the property or the surrounding area. 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The addition is discreetly positioned,screened by trees and the front gate,and will follow the aesthetic of the existing exterior materials. 5.Has the alleged difficulty been self-created? { )Yes,or{x}No Why: Are there any Covenants or Restrictions concerning this land? {x}No { )Yes(please furnish a copy) This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety and welfare of the community. Sig ture ofAfplicant or Authorized Agent (Ag nt m ubmit written Authorization from Owner) Sworn to before me this 7 day of 4-:?� 20_Z`. DIVO Notary Pu i jecEivED APR 15 N25 DARCEE AUFE NOTARY PUBLIC, NANGER BOARD OF APPEALS Registration No ATE OF NEW PORK ZONING Qualified in 01A00019644 Suffolk County Commission Expires January 9,2028 I Dean Snow RECEIVED �o 420 Cedar Dr. Southold, NY 11971 APR 15 2025 3.24.25 ZONING BOARD OF APPEALS Dear Southold Town Zoning Board of Appeals I am writing to ask for your consideration for the variance I have applied for based on my hardship for the property at 420 Cedar Dr. Southold. Unfortunately, I have a permanent disability from a spinal cord injury that I sustained many years ago and as a result I have partial paralysis in my left leg. This condition makes walking in tight spaces very difficult and unsafe. I this case, my bathroom is so small that I am constantly knocking into the toilet and vanity creating an unsafe environment. Due to this existing condition, we are asking for your consideration to increase the bathroom width by 20" to make the bathroom space safer for myself to navigate. We are also trying to be mindful of the town zoning code, although we cannot keep the proposed addition within the required side yard setback we are proposing that this expansion stay under the existing roof line of the home. I would greatly appreciate if you could approve this request as this is truly a hardship and it would certainly create a safer space for me to navigate. Thank you, Dean Snow & Beverly Papapietro APPLICANT'S PROJECT DESCRIPTION APPLICANT: AMP Architecture DATE PREPARED: 1. For Demolition of Existing Building Areas RECEIVED Please describe areas being removed: The section of the Wall designated for the addition. AN 15 1025 II.New Construction Areas(New Dwelling or New Additions/Extensions): ZONING BOARD OF APPEALS Dimensions of first floor extension: 10'-5"x 1'-8° Dimensions of new second floor: N/A Dimensions of floor above second level: N/A Height(from finished ground to top of ridge): Exist to remain;14'-2" Is basement or lowest floor area being constructed?If yes,please provide height(above ground) measured from natural existing grade to first floor: 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: Existing one story dwelling Number of Floors and Changes WITH Alterations: Proposed one story dwelling with addition IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: 2,180 ST dwelling;101 SF shed;465 SF stoops and decks Proposed increase of building coverage: 0.1% Square footage of your lot: 12,000 SY Percentage of coverage of your lot by building area: 22.9%existing;23%proposed V. Purpose of New Construction: To expand the master bathroom 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,less than 1%slope 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 1 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION RECEIVED A. Is the subject premises listed on the real estate market for sale? APK 1.5 2025 20/ Yes x No 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? N/A 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: N/A 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? N/A 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: N/A G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? No If yes, please label the proximity of your lands on your survey. 1. Please list present use or operations conducted at this parcel Existing single family and the proposed use single family with addition . (ex: existing single family, proposed: same with garage, pool or other) Z� Author' eV* nature and Date FOAM NO. 4 TOWN OF SOUTHOLD RECEIVED BUILDING DEPARTMENT g O Town Cleric's Office APR 15 2025 Southold, N. Y. ZONING BOARD OF APPEALS Certificate Of Occupancy No. Date May 7 , 19 73 THIS CERTIFIES that the building located at Cedar. La, & E;i=:.t Rd Street Map No.Bayg1da TerAt* No. Lot No. . .E . Southold 11.Y. conforms substantially to the Application for Building Permit heretofore filed in this office dated Feb . . .8 . , 1971 pursuant to which Building Permit No. .51 git dated . . . . . Mar. • • 31 , 19 .71, 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 . .Private. ane. f=il.y. dwell lnZ . . .(Anroved, �Y 'd IN-09 ls) . . . The certificate is issued to Wilbur Verity Ourner . . . . . . (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval April. •6 .19'71 R, 4014o11• UNDERWRITERS CERTIFICATE No. . . .N. •910417 . Oct • •27 1971 - IIOUSE NUMBER. .420. . . . . . Street Cedar, ime. . . . . . . . . . . . . . . . . . . . . 5 . . . . . . 5umtr+it BLUIIuig Inspector FORM NO.4 RECEIVED TOWN OF SOUTHOLD BUILDING DEPARTMENT APR 15 2025 99 Office of the Building Inspector Town Hall Southold, N.Y. ZONING BOARD OF APPEALS Certificate Of Occupancy No. . . ,z- 16815 . . . . . Date . . . . . . . . . . . . . THIS CERTIFIES that the building . , . CONSTRUCT ACCESS 0 RY.DE C K. . . . . . . . . . . . . . . Location of Property 420 Cedar Drive , . Southold, New Yo_ rk . . . House lVo. . Street Ham%t County Tax Map No. 1000 Section . . 7 8. . . . . . , .BIock . . .09. . . . . . . . . .Lot . .8. . . . . . . . . . . . . . Subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Filed Map No. . . . . . . . .Lot No. . . . . . . . . . . . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated Apr i 1 8 , 1 9 8.8 Building Permit No. 1 6 9 1 9 Z . . . . . . . . . . . . . . . . . . . . pursuant towhich . . . . . . . . . . . . . . . dated . . p,r i l .2.5.; .1.9.8.8 , . , , was issued,and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is . . . . . . . . . DETACHED ACCESSORY DECK AS APPLIED FOR The certificate is issued to . , WILB[IR R .A. VERITY JR. & CARLECE K. VERITY of the aforesaid building. Suffolk County Department of Health Approval . . . . . . . . . .N/A . . , . . . . . . , . UNDERWRITERS CERTIFICATE NO. . . . . . . . . . . . . . . . . .N/A . . . . . . . . . . . . . . . . . . . . . . . .. . PLUMBERS CERTIFICATION DATED: N/A Buildi nspector Rev.1/81 } FORM NO. 4 _ TOWN OF SOUTHOLD WORD BUILDING DEPARTMENT �OI Office of the Building Inspector Town Hall APR 15 2025 Southold, N.Y. ZONING BOARD OF APPEALS CERTIFICATE OF OCCUPANCY No: Z-25955 Date: 09/08/98 THIS CERTIFIES that the building ALTERATION Location of Property: 420 CEDAR DR SOUTHOLD (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 78 Block 9 Lot 8 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated APRIL 12, 1996 pursuant to which Building Permit No. 23387-Z dated APRIL 23, 1996 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ALTERATION & RENOVATION TO EXISTING ONE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to DAVID J. & LISE MARINACE (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. H-049948 05/10/96 PLUMBERS CERTIFICATION DATED N/A w /uiXing Inspector Rev. 1/81 FORM NO. 4 RECEIVED TOWN OF SOUTHOLD BUILDING DEPARTMENT APR 15 2025 Office of the Building Inspector Town Hall Southold, N.Y. ZONING BOARD OF APPEALS CERTIFICATE OF OCCUPANCY NO: Z-29188 Date: 01 10/02 THIS CERTIFIES that the building ALTERATION Location of Property: 420 CEDAR DR SOUTHOLD (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 78 Block 9 Lot 8 Subdivision Filed Map No. Lot No_ conforms substantially to the Application for Building Permit heretofore filed in this office dated DECEMBER 5, 2000 pursuant to which Building Permit No_ 27066-Z dated FEBRUARY 13, 2001 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ALTERATION TO AN EXISTING ONE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to DAVID J & LISE MARINACE (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A Authorized signature Rev. 1/81 SoFour y Town of Southold 8/16/2023 2 A, P.O.Box 1179 RECEIVED I! co 53095 Main Rd oy �ao� Southold,New York 11971 APR 15 2025 CERTIFICATE OF OCCUPANCYZONING BOARD OF APPEALS No: 44444 Date: 8/16/2023 THIS CERTIFIES that the building ALTERATION Location of Property: '420 Cedar Dr, Southold SCTM#: 473889 Sec/Block/Lot: 78.-9-8 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 1/24/2023 pursuant to which Building Permit No. 48882 dated 2/8/2023 was issued,and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is: exterior(facade)alterations to existing single family dwelling as applied for. The certificate is issued to Snow,Dean&Papapietro,Beverly of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. PLUMBERS CERTIFICATION DATED A o ' e ature TOWN OF SOUTHOLD, NEW YORK DATE MAX: h...16, 1971 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1401 Dated February 9, 1971 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Wilbur Verity Appellant 1130 Pacific Street Baldwin, New York _ at a meeting of the Zoning Board of Appeals on �tUa�pgp ►6, got was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property. R a ( ) Request for a special exception under the Zoning Ordinance ^� 15 2025 (X) Request for a variance to the Zoning Ordinance ( ) ZONING BOARD OF APPEALS 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be,denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed '( ) be confirmed because 7:30 P.I4. (E.D.S.T.), upon application of Wilbur Verity, 1130 Pacific Street, Baldwin, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 306, for permission to erect one family dwelling with insufficient frontyard setback. Location of property: northeast corner of Cedar Lane and Summitt Road, Lot No. 8 on map of Bayside Terrace, Southold, New York. Fee paid $5.00. 2. VARIANCE.By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector( ) be confirmed ( ) be reversed. SEE REVERSE j ;``;:� pla ZONIN BOARD OF FORM ZB4 l%jorie McDermott, Secretary thold Town Board of Appeals After investigation and inspection the Board finds that the applicant requests permission to "erect one family dwelling with insufficient front-yard setback located at ,the northeast corner of Cedar Lane and Summitt Road, Southold, New York. The setback of the front of the house which would face Cedar Lane would be 35 ft. as the Ordinance requires. The sideyard is set back 10 ft. and the house is 65 ft. wide,, which leaves 25 ft. to Summitt Road (a private road) . The applicant requests a variance for 10 ft. as he can not maintain 35 ft. to Summitt Road. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessaryl-ardship; the hardship created is unique and would not be shared by all properties alike In the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood and will observe the spirit of the Ordinance. THEREFORE, IT WAS RESOLVED Wilbur Verity; 1130 Pacific Street, Baldwin, New York, be GRANTED permission to erect one family dwelling with insufficient frontyard setback as applied for on property located northeast corner of Cedar Lane and Summitt Road, Lot No. 6 on map of Bayside Terrace, Southold, New York, in accordance with amended sketch showing 35 ft. off Cedar Lane and 25 ft. off Summitt Road. Vote of the Board: Ayes:- Messrs: Gillispie, Hulse, Doyen. S10RECENE® I� APR 15 2025 ZONING BOARD OF APPEALS AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD 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:AMP Architecture i'1 12 2. Address of Applicant: PO Box 152 Mattituck N.Y. 11952 3. Name of Land Owner(if other than Applicant): RECEIVED 4. Address of Land Owner: 580 Hillside Court,Barrington,IL 60010 5. Description of Proposed Project: proposed one story dwelling with addition APR 1 5 2u5 6. Location of Property: (road and Tax map number)420 Cedar Dr Southold NY 11971- 1000-78.-9-8 ZONING BOARD OF APPEALS 7. Is the parcel within 500 feet of a farm operation? { } Yes {x} No 8. Is this parcel actively farmed? { } Yes {x} No 9. Name and addresses of any owner(s) of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937) or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. 2. 3. 4. 5. 6. (Please use the back of this page if there are additional property owners) Signatu pplicant Da e Note: 1.The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. 617.20 Appendix B Short Environmental Assessment Form Instructions for Completing Part 1-Project Information. The applicant or project sponsor is responsible 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: ,^I Papapietro interior renovation I(J Project Location(describe,and attach a location map): RWEIVItu 420 Cedar Dr,Southold,NY 11971 Brief Description of Proposed Action: Addition and interior renovation of two bathrooms ZONING BOARD OF APPEALS Name of Applicant or Sponsor: Telephone: 631 603 9092 AMP Architecture E-Mail: APORTILLO@amparchitect.com Address: PO Box 152 City/PO: State: Zip Code: Mattituck N Y 11952 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that X may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: X Southold Town Building Department 3.a.Total acreage of the site of the proposed action? 0.28 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? o.2s acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑ Industrial ❑Commercial [A Residential(suburban) ❑Forest ❑Agriculture ❑ Aquatic ❑Other(specify): ❑Parkland Page 1 of 4 RECEIVED 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? APR 15 2025 X b.Consistent with the adopted comprehensive plan? 6. Is the proposed action consistent with the predominant charZMWfhPi g uilt or natural NO YES landscape? X 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: x 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES X b.Are public transportation service(s)available at or near the site of the proposed action? X c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? X 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: X 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: X 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: X 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? X b.Is the proposed action located in an archeological sensitive area? x 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? X b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? X If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 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 El Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? X 16.Is the project site located in the 100 year flood plain? NO YES X 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? ®NO ❑YES X b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: 10 NO❑YES Page 2 of 4 18.Does the proposed action include construction or other activities that result in t pMj rent of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? Q o(�- If Yes,explain purpose and size: o x 19.Has the site of the proposed action or an adjoining property been the "c6&R6v®prAftpEdALg NO YES solid waste management facility? If Yes,describe: x 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: x I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: AMP Architecture (AnthonyPOrtill0 Date:41 q 65 Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 No,or Moderate small to large impact impact may 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. RECEIVED APR 15 2025 ZONING BOARD OF APPEALS ❑ 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 RECEIVE® APR 15 2025 Board of Zoning Anneals Annlication ZONING BOARD OF APPEALS AUTHORIZATION (Where the Applicant is not the Owner) I, ,.7G1)Lr I L a residing at 5%0 k1S t C� (Print prop ay ownerl name) (Mailing Address) 3 AfT t rtg, do hereby authorize A M-9 (Agent) AMP Architecture (Anthony Portillo) to apply for variance(s)on.rny behalf from the Southold Zoning Board of Appeals. (Owner's Signature) (Print er's Name) APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and emplovees.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• Beverly Papapietro (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a 90) 1- company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION:(Check all that apply) RECE1VEo Tax grievance Building Permit Variance X Trustee Permit APR 15 2025 Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning ZONING BOARD OF APPEALS Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee.Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this 'Pt day of J on • ,20 7_6 Signature P Q v t Print Name e2i twe'C YA ^ -% 'C AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME .• Anthony Portillo(AMP Architecture) (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION:(Check all that apply) / Tax grievance Building Permit RECEIVED Variance X Trustee Permit Change of Zone Coastal Erosion APR 15 2025 Approval of Plat Mooring Other(activity) Planning Z0%'V%qR� 9f�P.RrEALS Do you personally(or through your company,spouse,sibling,parent,or child)have a relations tp wt to c employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this Wh day o&r l ,20 Signature Print Name Anthony Portillo RECEIVED901- Town of Southold APR 15 2025 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# 1000-78 - 09 - 08 The Application has been submitted to(check appropriate response): Town Board 0 Planning Dept. 0 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 0 construction,planning activity,agency regulation, land transaction) (b) Financial assistance(e.g.grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Addition and interior renovation of two bathrooms j Location of action: 420 Cedar Dr, Southold,NY 11971 RECEIVE® Site acreage: 0.28 APR 1 5 2025 Present land use: Residential BOARD ZONING OF APPEALS Present zoning classification: R-40 non conforming 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: AMP Architecture (b) Mailing address: PO Box 152, Mattituck, N.Y. 11952 (c) Telephone number:Area Code( ) 631 603 9092 (d) Application number, if any: Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes ❑ No X❑ If yes,which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location,and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. ❑Yes ❑ No ❑ Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria 11 Yes ❑ No ❑ Not Applicable AMP Architecture Address:10200 M a in Road,Unit 3A,Mattituck NY 11952 Phone:(631)603-9092 Design + Build f RECEIVED APR 15 2025 --BONING BOARD OF APPEAL; d EXISTING FRONT ELEVATION Ir 01 ZZ z t f H t i �t EXISTING LEFT ELEVATION EXISTING LEFT ELEVATION A M P Architecture Address:10200 Main Road,Unit 3A,Mattituck NY 11952 Phone:(631)603-9092 Design + Build j RECEIVED APR 15 2025 t ZONING BOARD OF APPEALS 1 I r �-asw �II I A EXISTING REAR YARD W/AS-BUILT f s TOWN OF SOUTHOLD PROPERTY REC' � '�-3 ) WNE , STREET VILLAGE DIST. SUB. LOT f OR R OWNEW5arrb Ail v%n'n?v- Scaa N E ACR. V�. , l r,s . . g ' s S TYPE OF BUILDING 1�a SEAS. VL. FARM COMM. CB. MISC. &Akt. Value _ LAND IMP. TOTAL DATE REMARKS r ' 1 L- z 6 Yifll'F r ty S F- T ( ¢, l� ,` I;p . g,0 o 7 L, 4 T _� j A n i o r J t-74, ocau 0 0 0 7 • 0 0 /1 ") )i B BRIG CO TIC —e Z a3 a* r� g in 4-L) 1) cU O NEt L W 26 3 l Nz r It Tillable 2 �'.ZGG - (�1 i, r '�-��J�._� G•,� - $ C�rC7( ''7 Tillable 3 ` ' Woodland Q `7 7i7j - SG 2[i Z 4010 Swampland 0 �+ FRONTAGE ON WATER FRONTAGE ON ROAD ' ° v Brushland W �� 6 - per. DEPTH f House Plot �JQ BULKHEAD Tota l DOCK �,,. ✓ x�. W 1 aoo - Ln 0. o a r I� CV 0 _ Q W L a: COLOR �p a Q c� WNiTi z ` z TRIM f wH►r M. Bldg. Foundation C B Bath / % Dinette Extension ? S. 2 L ' S S / 3 Sv Z 3 Basement f J L ` Floors S B K. Extension = Ext. Walls T Interior Finish gHF hoc - X i3 vu .3 - _ Fire Place g Heat Del � DR. Fvtension - --- Type Roof Rooms 1 st Floor BR. Porch Recreation Roo Rooms 2nd Floor FIN. B. Porc Dormer Bfe.ezeway Driveway Garage X 14 -7 -- Patio O. B. Total oa v� ZBA CHECK FEES - 2025 Funding Account- B2110.10 DATE NAME ZBA FILE# FEE CHECK# DATE SENT TO TCO 4/14/2025 Flowers&Flores Farm LLC 8016 $2,250.00 223 4/28/2025 AMP Architecture for 4/15/2025 PAPAPIETRO 017 $2,750.00 3296 4/28/2025 4/28/2025 Davecollco LLC 8018 $1,500.00 14298 4/28/2025 L$6,E500OO RECEIVED APR 2 a 20 Southold Town Clerk _ ,own of Southold P.O Box 1179 Southold, NY 11.971 * * * RECEIPT * * * Date: 04/28/25 Receipt#: 339337 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 8016 $2,250.00 1 ZBA Application.Fees 8017 $2,750.00 1 ZBA Application Fees 8018 $1,500.00 Total Paid: $6,500.00 Notes: Payment Type Amount Paid By CK#3296 $2,750.00 AMP Architecture, PLLC CK#14298 $1,500.00 Dave Bofill Marine, Inc. CK#223 $2,250.00 Flowers & Flowers Farm LLC Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Dave Bofill Marine, Inc. 1598 County Road 39 Southampton, NY 11968 Clerk ID: JENNIFER Internal ID:8018 Westermann, Donna From: Brooke Epperson <bepperson@amparchitect.com> Sent: Friday, May 30, 2025 2:30 PM To: Westermann, Donna; Sakarellos, Elizabeth; Fuentes, Kim Cc: Darcee Oppici Subject: Papapietro ZBA File#8017 Attachments: 7773_RearyardGrant&Denial.pdf; 7506_RearyardGrant&Denial.pdf, 7875 _LotCoverageGrant&Denial.pdf; 7574_LotCoverageGrant&Denial.pdf Hi Everyone, Attached please find prior neighboring ZBA reliefs we would like to add to our file for the upcoming hearing on June 5th. Would you like us to bring you the physical copies? o Thankyou � Brooke Epperson Design Director A M P Architecture Design + Build Office: 631-603-9092 www.amparchitect.com ATTENTION:This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. 1 i BOARD MEMBERS Southold Town Hall L6slie Kanes Weisman,Chairperson ��®¢ $OUr�+® 53095 Main Road•P.O.Box 1179 Patricia Acampora �® �� Southold,NY 11971-0959 Eric Dantes Office Location: Robert Lehnert,Jr. Town Annex/First Floor Nicholas Planamento ® �� 54375 Main Road(at Youngs Avenue) COWN� Southold,NY 11971 RECEIVED http://southoldtownny.gov " G 1�'uClv►� ZONING BOARD OF APPEALS Ju 2 2023 TOWN OF SOUTHOLD Tel. (631)765-1809 AMU %hold TnJ1 COerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF MAY 18,2023 �/1 ZBA FILE:#7773 NAME OF APPLICANT: Regina Calcaterra PROPERTY LOCATION: 7630 Main Bayview Road,Southold,NY. SCTM#1000-87-5-16.1 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type lI category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 thru A 14-25,and the Suffolk County Department of Planning issued its reply dated February 15,2023,stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: 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. PR OPERTY FACTS/DESCRIPTION: The subject property is a conforming 62,068 square foot lot located in the Residential R40 Zoning District. The northerly property line measures 321.22 feet then runs southerly 13.28 feet then measures northeasterly 150.06 feet, the easterly property line measures 115.82 feet and is adjacent to Main Bayview Road,southerly property line measures 490.00 feet and the westerly property line measures 77.32 feet. The parcel is improved with a two-story frame dwelling with attached deck in the rear of the dwelling. 'There is an existing old garage in poor condition located south of the residence with a small shed attached for the pool mechanicals. The in-ground swimming pool is located southeast of the garage as shown on the survey map prepared by Angelo Joseph Cecere,LS,and last revised July 31,2020. The survey also includes the merged lot(two parcels) that increased the applicant's lot and allowed the establishment of the current address and driveway entrance to the property-from Main Bayview Road.instead.of the former access from Koke Drive which is a private road, BASIS OF APPLICATION: Request for Variances from Article III, Section 280-15; Article XXIII, Section 280- 124•and the Building Inspector's November 29, 2022 Notice of Disapproval based an application for a permit to demolish and construct a new accessary garage and legalize an"as built"deck addition to the single_family dwelling; 1) accessory garage is located in other than the code permitted rear yard; 2) deck addition is located less than the code required minimum rear yard setback of 50 feet; located at 7630 Main Bayview Road, Southold, NY. SCTM#1000-87-5-16.1. RELIEF REQUESTED: The applicant requests variances to to demolish and construct a new accessory garage and legalize an"as Built"deck additions attached to an existing single-family dwelling. The proposed accessory garage, Page 2,May 18,2023 #7773,Calcaterra SCTM No. 1000-87-5-16.1 on this conforming 62,068 square foot lot is not permitted pursuant to Article III, Section 280-15, which states accessory buildings and structures shall be located in the required rear yard. The site plan shows the proposed accessory garage to be located in the front yard. The"as built"deck addition to the existing single-family dwelling setback 46.4 feet from the rear yard property line is not permitted according to the Bulk Schedule which states conforming lots measuring 40,000 square feet or more in size require a minimum rear yard setback of 50 feet. ADDITIONAL INFORMATION: Originally the dwelling was located on a single lot with two front yards. In 2020 the parcel the house is located on was legally merged with the front yard parcel located on Main Bayview Road. The combined parcel now has three front yards which necessitates variances. The driveway entry will now be located on Main Bayview Road as is the new address. Previously Koke Road(a private road with access to a private easement) was the address and access to the old garage. Koke Road will no longer be used, and the new garage will line up with the entrance from Main Bayview Road. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on May 4,2023 at which time written and oral evidence were presented. Based upon all testimony,documentation,personal inspection of the property and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 5267-b(3)(b)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The new garage will be located off Main Bayview Road and will have a more pleasing look to the neighborhood and enhance the character of the area. The new detached garage will be the same square footage as the old garage, but shifted closer to the easterly property line in the same non-conforming yard as the old detached garage.The setback from Main Bayview,the primary road frontage,will be well over 200 feet and will have no visual or other impact on the road or adjacent properties. The"as built" deck that is attached to the dwelling gives a more pleasing esthetic look to the residence and is not visible from the primary road frontage. ' ' 2. Town Law 5267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method,feasible for the applicant to pursue, other than an area variance. The unique configuration of the property with three front yards makes variance requests necessary. The existing "as built" deck requires a 3.5-foot variance on a 1.5-acre property in order to architecturally line up the deck with the length of the rear elevation of the existing dwelling. 3. Town Law 5267-b(3)(b)(3), The variances granted herein are mathematically substantial, representing 100% relief for the proposed new garage and the variance request for the "as built" deck at 7.2%. However, due to the uniqueness of the property with three front yards it is necessary to request these variances. 4. Town Law 5267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law 5267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 5267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant.to enjoy the benefit of building a new detached garage and legalizing an"as built"deck while preserving and protecting the character of the neighborhood and the health,safety and welfare of the community. Page 3,May 18,2023 #7773,Calcaterra SCTM No. 1000-87-5-16.1 `k/ RESOLUTION OF THE BOARD:In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Acampora seconded by Member Weisman(Chairperson), and duly carried,to GRANT the variances as applied for, and shown on the Site Plan and Architectural Plans (Sheets S-1, A- 1 & A-2)prepared by Mark Kevin Schwartz, Architect, and dated December 22, 2022. SUBJECT TO THE FOLLOWING CONDITIONS: 1. The"as built"deck shall remain open to the sky. 2. The applicant must apply to the Building Department for a building permit for the "as built" deck 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" deck 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. Any deviation from the survey,site plan and/or architectural drawings cited in this decision,or work exceeding the scope of the relief granted herein, will result in delays and/or a possible denial by the Building Department of a building permit and/or the issuance of a Stop Work Order,and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s)granted herein as shown on the architectural drawings,site plan and/or survey cited above,such as alterations, extensions, demolitions, or demolitions exceeding the scope of the relief granted herein, are not authorized under this application when involving nonconformides 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. IMPORTANT LIMITS ON THE APPROVALS) GRANTED HEREIN Please Read Carefully 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 Page 4,May 18,2023 #7773,Calcaterra �� SCTM No. 1000-87-5-16.1 r 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),Acampora,Dantes,Lehnert, and Planamento(5-0). c eslie Kanes eisman, Chairperson Approved for filing /2023 FORM NO.3 [Zoning .TOWN OF SOUTHOLD AR 0 8 2023BUILDING DEPARTMENTSOUTHOLD,N.Y. Board of Appeals NOTICE OF DISAPPROVAL DATE:November 29,2022 TO: Calcaterra,Regina 250 Oak Rd S)\1 New Suffolk,NY 11956 Please take notice that your application dated August 31,2022: For permit:to demolish and construct a new accessory garage and legalize an"as built"deck addition to an existing single family dwelling at: Location of property: 7630 Main Bayview Road, Southold,NY County Tax Map No. 1000—Section 87 Block 5 Lot 16.1 Is returned herewith and disapproved on the following grounds: The proposed accessory garage, on this conforming 62,068 sq.ft. lot in the R-40 District,is not permitted pursuant to Article III„Section 280-15,which states accessory buildings and structures shall be located in the required rear yard. The site plan shows the proposed accessory garage to be located in the front yard. Lastly,the"as built"deck addition to the existing single family dwelling is not permitted according to the Bulk Schedule which states conforming lots measuring 40,000 square feet or more in size require a minimum rear yard setback of•50 feet. The site plan shows the deck addition having a rear yard setback of 46.4 feet. jmcpd- Q� - �1� Auerized 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. BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ��o�s® y® 53095 Main Road e P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantess Town Annex/First Floor, Robert Lehnert,Jr. �Q 54375 Main Road(at Youngs Avenue) Nicholas Planamento o1�con N� Southold,IVY 11971 http://southoldtownny.g EE 9 E®ov ZONING BOARD OF APPEALS JUN 1 8 �21y TOWN OF SOUTHOLD 0, Tel.(631)765-1809-Fax(631)765-9064 016thoId Town Clerks FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF DUNE 17,2021 ZBA FILE:47506 NAME OF APPLICANT: Peter Torkelsen PROPERTY LOCATION: 800 Summer Lane, Southold,NY. SCTM#1000-78-9-18 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 H category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was not required to be referred to the Suffolk County Department of Planning under the Suffolk County Administrative Code Sections A 14-14 to 23. 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 10,920 square foot parcel located in the Residential R-40 Zoning District. The northerly property line measures 100.00 feet and is adjacent to Summer Lane,the easterly property line measures 110.05 feet, the southerly property line measures 91.76 feet and the westerly property line measures 108.32 feet. The parcel is improved with a two-story frame residence with an attached deck facing the side yard and an"as built"wooden deck at the rear of the residence. The property is fenced with a framed shed(14.2 ft. x 8.2 ft)in the rear southeast corner of the property. There is a concrete block garage (22.1 ft.x 24.0 ft)located in the rear southwest corner of the property as shown on the survey map prepared by John T.Metzger,LS, last revised January 21,2021.. BASIS OF APPLICATION: Request for Variance from Article =II, Sections 280-124; and the Building Inspector's March 25, 2021 Notice of Disapproval based on an application for a permit to legalize and "as-built" deck addition to and existing single-family dwelling;at 1)located less than the code required rear yard setback of 35 feet; located at 800 Summer Lane, Southold,NY. SCTM#1000-78-9-18. RELIEF REQUESTED: The applicant requests a variance to legalize an "as built" deck addition to an existing single-family dwelling. The construction on this nonconforming 10,920 square foot lot in the Residential R-40 Zoning District, is not permitted pursuant to Article XXIII Section 280-124 which states; lots measuring less than 20,000 square feet in total size require a minimum rear yard setback of 35 feet. The site plan notes a rear yard setback of 28.feet 4 inches(28.333 feet). ADDITIONAL INFORMATION: The applicant has a building permit that was issued October 19, 2020 for an addition to what was a one-story frame dwelling to add a second story. The site plan,prepared by Robert I.Brown, Page 2,June 17,2021 #7506,Torkelsen SCTM No. 1000-78-9-18 Architect and dated October 1,2020 shows a proposed deck. According to the survey,the proposed wood deck is actually an"as-built"which the applicant wishes to legalize. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on June 3,2021 at which time written and oral evidence were presented. Based upon all testimony,documentation,personal inspection of the property and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law U67-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The as built deck is well screened with vegetation along the rear property lines and by and a stockade fence and accessory garage along the side yard property lines,The deck cannot be seen from the street. Rear decks are common in the community. 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 dwelling is existing and the addition of this 20 ft.x 14 ft. deck requires a variance as it does not meet the rear yard setback of 35 feet. 3. Town Law V67-b(3)(b)(3). The variance granted herein is mathematically substantial,representing 18.8%relief from the code. However, the "as built" deck poses no problem to the neighbors and is not a detriment to the neighborhood,Moreover, although 7 feet of the depth of the as built 14-foot-deep deck is within the conforming 35- foot setback,7 feet is too shallow to be reasonably functional for typical furniture and entertaining 4. Town Law $267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law &267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law §267-b. Grant of the requested relief for an "as built" deck is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a rear yard deck while preserving and protecting the character of the neighborhood and the health,safety and welfare of the community. RESOLUTION OF THE BOARD:In considering all of the above factors and applying the balancing test under New York Town Law 267-B,motion was offered by Member Acampora,seconded by Member Lehnert,and duly carried, to GRANT the variance as applied for,and shown on the Site Plan prepared by Robert I.Brown,Architect,last revised June 10,2021. SUBJECT TO THE FOLLOWING CONDITIONS: 1. The deck shall remain open to the sky. 2. The applicant must apply to the Building Department for a building permit for the"as built improvement(s)within 60 days of the date of this decision and submit same to the Office of the Zoning Page 3,June 17,2021 #7506,Torkelsen SCTM No. 1000-78-9-18 wvl 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 three(3)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. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s)granted herein as shown on the architectural drawings, site plan and/or survey cited above,such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use,setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall'become null and void where a Certificate of Occupancy has not been procured,and/or a subdivision map has not been filed with the Suffolk County Clerk,within'three (3)years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration,grant an extension not to exceed three(3) consecutive-one (1)year terms. Vote of the Board: Ayes:Members Weisman(Chairperson),Acampora,Dantes,Lehnert,and Planamento(5-0). a Leslie Kanes Weisman, Chairperson Approved for filing i� /l0 /2021 FORM NO. 3 RECEIVED 19(0 TOWN OF SOUTHOLD APR 0 8 2021 BUILDING DEPARTMENT SOUTHOLD,N.Y. 2011Ing Board Of Appeals NOTICE OF DISAPPROVAL DATE: October 19,2020 RENEWED: March 25,2021 TO: Robert I.Brown (Torkelsen) 205 Bay Avenue (' } Greenport,NY 11944 b� PIease take notice that your application dated October 14,2020: For permit to: legalize an"as built" deck addition to an existing single-family dwelling at: Location of property: 800 Summer Lane, Southold,NY County Tax Map No. 1000 - Section 78 Block 9 Lot 18 Is returned herewith and disapproved on the following grounds: The construction, on this nonconforming 10,920 sq. ft. lot in the Residential R-40 District, is not permitted pursuant to Article XXIII Section 280-124 which states; lots measuring less than 20,000 square feet in total size require a minimum rear yard setback of 35 feet. The site plan notes a rear yard setback of 28 feet 4 inches. Authorized SignatVe 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. BOARD MEMBERS ��OF SOUjy® Southold Town Hall Leslie Kanes Weisman, Chairperson h0 f4 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora . Office Location: Eric Dantes �p� Town Annex/First Floor, Robert Lehnert,Jr. ycoo l 54375 Main Road(at Youngs Avenue) Nicholas Planamento � ,� Southold,NY 11971 RECEIVED http://southoldtownny.gov Ptp,� <� 11: p`V-^ ZONING BOARD OF APPEALS TOWN OF SOUTHOLD FEB 2 0 2024 Tel.(631)765-1809 Southold Town Jerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF FEBRUARY 15,2024 ZBA FILE: 47875 � NAME OF APPLICANT: Angelo Chantly PROPERTY LOCATION: 80 Watersedge Way, Southold,NY SCTM: 1000-88-5-54 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23,and the Suffolk County Department of Planning issued its reply dated November 30,2023 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: 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, non-conforming 18,844.3 square feet, .43 acre `rectangular- shaped' parcel located in the R40 Zoning District measures 81.33 feet along Watersedge Way to a curve at the intersection with Rambler Road R=20.00 feet L=29.45 feet, then continues along Rambler Road 157.72 feet to a residentially developed lot to the north and runs 116.68 feet west to a second residentially developed lot to the west then runs south 175.00 feet along that residence. The parcel is improved with a two-story frame dwelling with attached concrete entry stoop, two attached wood decks; an attached outdoor shower, extensive stone patios, a inground swimming pool measuring 20 feet by 46 feet with patio surround, a wood deck at grade and,a pergola (subject of this application)over a patio,as shown on the survey prepared by Kenneth W. Woychuk,Licensed Land Surveyor and dated August 4, 2014. BASIS OF APPLICATION: Request for Variances from Article III, Section 280-15; Article XXIII, Section-124; and the Building Inspector's October 10,2023,Notice of Disapproval based on an application for a permit to legalize an "as built" accessory pavilion at; 1) located in other than the code pennittedUear yard; 2) more than the code permitted maximum lot coverage of 20%; located at: 80 Watersedge Way, Southold,NY. SCTM#1000-88-5-54. RELIEF REQUESTED: The applicant requests variances to legalize an `as built' pergola measuring 16.3 feet by 21.9 feet"(shading an outdoor kitchen) that is located in the side yard where such improvements are limited to be placed in rear yard locations; furthermore, the applicant seeks relief for excessive lot coverage of 24.8%.where the Code allows a maximum of 20% lot coverage,as a result of the `as built' improvement. Page 2,February 15,2024 #7875,Chantly �/ 1 SCTM No. 1000-88-5-54 ADDITIONAL INFORMATION: The applicant provided architectural plans labeled "Elevations" prepared by Charles M.Thomas, Registered Architect dated October 11,2023. Improvements on the subject parcel are covered by the following Certificate of Occupancy: #Z-22991 dated May 10, 1994 covering the construction of a new dwelling with attached garage and deck #Z-30189 dated May 11,2004 covering an accessory inground swimming pool with fence. #Z-39274 dated October 11,2017 covering swimming pool fence to Code. #Z-39281 dated October 11,2017 covering additions and alterations to a single family dwelling #Z-39922 dated October 1,2018 covering swimming pool fence to Code. A "Stop Work Order" was filed against the applicant dated April 19, 2023 for construction without first obtaining a Building Permit(for subject Pergola). During the Public Hearing a neighbor to the north spoke about this application. No other member of the public or neighbor spoke in favor of or against this application. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on February 1,2024 at which time written and oral evidence were presented. Based upon all testimony,documentation,personal inspection of the property and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The subject property is located in the Terry Waters subdivision, a bayfront private beach association neighborhood located on Hogs Neck, consisting of approximately 72 pre- existing, non-conforming lots, laid out in a grid, several of which are beneficiary of similar relief granted for excessive lot coverage or improvements in other than compliant locations. While most of the houses in the neighborhood were built in the 1960's and 1970's, the majority have been updated in recent years. As a result of a comer location, the applicant has two front yards, limiting the placement of accessory structures. Moreover, the existing mature evergreen screening along the two front yard property lines visually screens the pergola from both streets. 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue,other than area variances for each the location in a side yard and excessive lot coverage. The `as built' pergola has existed in its current location prior to August 2014,the date the survey was prepared and it shades an outdoor kitchen with a roof structure. The improvement is not visible from the roadway from both the primary and the secondary front yards and an unnecessary hardship would be created to remove this structure. There is no location in the rear yard to relocate the pergola, as the inground swimming pool is located there. 3. Town Law &267-b(3)(b)(3). The variances granted herein are mathematically substantial, representing 100% relief from the code relative to the `as built' pergola improvement located in the side yard and 24% relief from the code relative to excessive lot coverage. However, the `as built' pergola is not visible from the roadway and the excessive lot coverage is not easily recognized as the inground swimming pool is placed within the ground and does not visually impact lot coverage the same way a three-dimensional structure would. 4. Town Law 6267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. Page 3,February 15,2024 #7875,Chantly SCTM No. 1000-88-5-54 5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed'that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a`as built' pergola measuring 16.3 feet by 21.9 feet(shading an outdoor kitchen), located in a side yard and excessive lot coverage for the R40 Zoning District, 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 Planamento,seconded by Member Weisman(Chairperson), and duly carried,'to GRANT the variances as applied for, as shown on the survey prepared by Kenneth W. Woychuk, Licensed Land Surveyor and dated August 4, 2014 and architectural plans labeled"Elevations" prepared by Charles M. Thomas, Registered Architect,dated October 11,2023. SUBJECT TO THE FOLLOWING CONDITIONS: 1. 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. 2. 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. 3. The `as built' pergola may not be enclosed. This approval shall not be deemed effective until the required conditions have been met.At the discretion of the Board of Appeals,failure to comply with the above conditions may render this decision null and void That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued The Board reserves the right to substitute a similar design that is de minimis'in nature for an alteration that does not increase the degree of nonconformity. IMPORTANT LIMITS ON THE 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 relief granted herein, will result in delays and/or a possible denial by the Building Department of a building permit and/or the issuance of a Stop Work Order,and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s)granted herein as shown on the architectural drawings,site plan and/or survey cited above,such as alterations, extensions,demolitions, or demolitions exceeding the scope of the relief granted herein, are not authorized under this application when involving nonconformides under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property Page 4,February 15,2024 #7875,Chantly "A SCTM No. 1000-88-5-54 ` that may violate the Zoning Code,other than such uses,setbacks and other features as are expressly addressed in this action. TIME LIMITS ON THIS APPROVAL: Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured,and/or a subdivision map has not been filed with the Suffolk County Clerk,within three(3)years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration,grant an extension not to exceed three(3) consecutive one(1)year terms.IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN. Failure to comply in a timely manner may result in the denial by the Building Department of a Certificate of Occupancy, nullify the approved variance relief, and require a new variance application with public hearing before the Board of Appeals Vote of the Board: Ayes: Members Weisman(Chairperson),Dantes, Planamento,Acampora,and Lehnert. (5-0) Leslie Kan Weis an, Chairperson Approved for filing �S /1/ /2024 +v � FORM N0. 3 Re e TOWN OF SOUTHOLD BUILDING DEPARTMENT NOV 17 2023 SOUTHOLD,N.Y. Zoning Board of Appeals NOTICE OF DISAPPROVAL DATE: July 20,2023 RENEWED: October 10,2023 TO: Angelo Chantly 80 Watersedge Way 11A Southold,NY 11971 Please take notice that your application dated June 7,2023: �\ For permit:to legalize an"as built"accessory pavilion at: O Location of property: 80 Watersedge Way, Southold,NY County Tax Map No. 1000—Section 88 Block 5 Lot 54 Is returned herewith and disapproved on the following grounds: The"as built" accessory, on this nonconforming 18,844.3 sq. ft. lot in the R-40 District, is not permitted pursuant to Article III Section 280-15 which states accessory buildings and structures shall be located in the required rear yard. The accessory is located in the side yard. In addition the"as built"structure is not permitted pursuant to Article XXIII Section 280-124 which states; lots measuring less than 20,000 square feet in total size require ' maximum lot coverage of 20%. The lot coverage is at 24.8%. 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.S.A. BOARD MEMBERS O6 SOU Southold Town Hall Leslie Kanes Weisman,Chairperson �� TiyO 53095 Main Road- P.O. Box 1179 �p Southold,NY 11971-0959 Patricia Aeampora 4 Office Location: Eric Dantes �, Town Annex/First Floor, Robert Lehnert,Jr. • �OQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento Ol,Y�O(1NZ`t Southold,NY 11971 ' RECEIVED http://soutlioldtownny.gov J- #AA�0 8:2014KA ZONING BOARD OF APPEALS JAfW 7 2022 TOWN OF SOUTHOLD Tel.(631)765-1809-Fax(631)765-9064 ✓ Southold Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JANUARY20,2022 /► ZBA FILE:#7574 NAME OF APPLICANT: Frank and Christine Mangano PROPERTY LOCATION: 370 Sunset Way,Southold,NY SCTM#1000-91-1-7 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 Plan i ng issued its reply dated September 7,2021 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This.application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards.The LWRP Coordinator issued a recommendation dated December 16,2021.Based upon the information. provided on the LWRP Consistency Assessment Form submitted to this department,'as well as the records available, --�`-"--At"is recommended that-the-proposed action is INCONSISTENT with-LWRP-policy standards,•No.-l-and No.4, and_ therefore INCONSISTENT with the LWRP. Policy No. 1:The proposed 33.7 percent lot coverage increases an'already non-conforming,existing lot coverage of 32.3 percent, does not enhance community character and sets precedent on smaller lots in the neighborhood and within the community. Policy No. 4: The entire parcel is located within a FEMA AE flood zone. ,-Structure in these areas'should be minimized to prevent exposure to flooding and damage and loss over time. The Board will condition as a mitigation measure that an updated septic system be approved by the Suffolk County Department of Health Services, as well as the issuance of a Wetland Permit from the Southold Board of Trustees, which would therefore,make the action CONSISTENT with LWRP policy standards.. PROPERTY FACTS/DESCRIPTION: The subject property is a non-conforming 14,011 square foot waterfront parcel located in the Residential R-80 Zoning District. The northerly property line measures 144.50 feet,the easterly property line measures 100.00 feet and is adjacent to Sunset Way,the southerly property line measures 139.47 feet and the westerly property line measures in total 100.75 and is adjacent to.Canoe Inlet. The parcel is currently improved with a one-story dwelling with an attached one car garage. There is an 18ft.by 36.8 ft.in-ground swimming pool located south of the dwelling surrounded by a stone patio. There is a fire pit located at the west rear-of the yard _ _ - Page 2,January 20,2022 #7574,Mangano SCTM No. 1000-91-1-7 (4D�\ near the stone wall which extends along the rear of the property facing Canoe Inlet. There is also an outdoor shower at the rear of the garage as shown on the survey map prepared by John T.Metzger,LS and last revised July.23,2021. BASIS OF APPLICATION: Request for Variance from Article XXIII, Sections 280-124; and the Building Inspector's August 13, 2021 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single-family dwelling; at 1)more that the code permitted maximum lot coverage of 20%; located at: 370 Sunset Way, Southold,NY. SCTM#1000-91-1-7. RELIEF REQUESTED: The applicant requests a variance to construct additions and alterations to an existing single- family dwelling which includes a second story addition with a second floor balcony which increases the lot coverage from 32.3%to 33.7%. The addition will also include a new master bedroom and bathroom a den and two bedrooms and another bathroom with a second floor deck open to the den and master bedroom as shown on the Site Plan drawings prepared by Mark Schwarz and last revised January 20,2021. - ADDITIONAL INFORMATION: Previous Certificates of Occupancy were issued to previous owners and to the current owner. The Board will require that the Southold Board of Trustee review and approve the proposed-addition since the parcel is located in a FEMA AE Flood Zone and because of the proximity to a waterway. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on January 6,2022 at which time written and oral evidence were presented. Based upon all testimony,documentation,personal inspection of the property and surrounding neighborhood,and other.evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law§267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the-character of the neighborhood or a detriment to nearby properties.Neighboring residents have second stories-and are large homes on the same dot size. The neighborhood has changed and more improvements to homes°and properties are ongoing. 2. Town Law§267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. There is no other area on the property to expand that the applicant could utilize. 3. Town Law 267-b 3 3 . The variance granted herein is mathematically substantial,representing 68.5%relief from the code. However,the current existing dwelling has 32.3%lot coverage and the applicant is asking for 33.7% increase which is 1.4% difference resulting from an increase in floor area for a second story balcony, and not substantial. 4. Town Law §267-b(3)(b)(4).'No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact, on the physical or environmental conditions in,the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law 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. 6. Town Law 267-b-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a second story addition with a deck while preserving and protecting the character of the neighborhood and the health,safety and welfare of the community. r Page 3,January 20,2022 #7574,Mangano SCTM'No. 1000-91-1-7 RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Acampora,seconded by Member Weisman(Chairperson), and duly carried,to GRANT the variance as applied for,and shown on the survey map prepared by John T.Metgzer,LS,and last revised July 23,2021 and the Architectural PIans(Sheets A-I to A-6)prepared by Mark Schwarz,Architect and last revised January 20,2021. SUBJECT TO THE FOLLOWING CONDITIONS: 1. The applicant shall apply for a Wetland Permit from the Southold Board of Trustee. 2. The applicant shall receive approval from the Suffolk County Department of Health for the septic system based on the expansion of the dwelling. 3. Prior to receiving a building permit,the owner(s)of the subject property cited herein must sign a statement acknowledging: a.That the applicant(s)have read this determination and understand the limits of the variance relief granted herein; b. That the applicant(s)will immediately contact the Building.Department if a demolition,as defined by Section 280-4 of the Town Code,' occurs during construction,or any construction undertaken in any other way exceeds the scope of the approvals granted herein,or the issued building permit; c.That the applicants are aware that the Zoning Board of Appeals retains jurisdiction until the issuance of the Certificate of Occupancy and has the.right,.after a public hearing,to modify,suspend or revoke such approvals or any term or condition thereof or to impose thereon one or more new conditions,pursuant to Article XXV,Section 280-14.1 of the Town.Code. 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. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a buildingpermit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variances)granted herein as shown on the architectural drawings, site plan and/or survey cited above,such as alterations, extensions, or demolitions,are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use,setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. In the event that this is an approval subject to conditions, the approval shall not be deemed effective until such time that the foregoing conditions are met, and failure to comply therewith will render this approval null and void NOTE: Section 280-4 of the Town Code defines"Demolition"as any removal of a structure or portion thereof,where the total cost of the reconstruction of the structure or portion thereof exceeds 50%of the market value of the existing structure before the start of removal. Page 4,January 20,2022 #7574,Mangano SCTM No. 1000-9I-I-7 C� ` 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. Vote of the Board: Ayes: Members Weisman(Chairperson)Dantes,Acampora, Planamento and Lehnert. This Resolution was duly adopted(5-0). Gie Kanes Weisman, air person Approved for filing / l /2022 i FORM NO. 3 TOWN OF SOUTHOLD RECEIVED BUILDING DEPARTMENT AUG 2 4 2021 SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL ZONING BOARD OF APPEALS DATE:March 3 0,2021 RENEWED: August 13,2021 AMENDED:August 13,2021 TO: Mark Schwartz(Mangano) PO Box 933 Cutchogue,NY 11935 Please take notice that your application dated March 9,2021: For permit to: &M ddditi6ng at: Location of.property:37.O:S I unsqoNy,-.Southold,N.Y. County Tax Map No. 1000-Section 91 Block 1. Lot Is returned herewith and disapproved on the following gr6unds: The.-proposed construction,on this.nonconfonning.-I.4.011 sq.,it.lot ift.the.R40-bistnet, is not permitted pursuant to Article=H Section 280-124,Aich states, lots measuring.. iess.ifian 20,000.s-gu'are fee.t,in total.I maximum lot coverage at-20%. Tfid pi calculation dated 819121. Authorized SWi W` 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.- LEGAL NOTICE SOU` LD TOWN ZONING BOARD OF APPEALS • JRSDAY,JUNE 5,2025 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,JUNE 5.2025: The public may ALSO have access to view,listen and make comment during the PUBLIC HEARING as it is happening via ZOOM WEBINAR. Details about how to tune in and make comments during the PUBLIC HEARING are on the Town's website agenda for this meeting which may be viewed at http://southoldtownny.gov/agendacenter. Additionally,there will be a link to the Zoom Webinar meeting at http://southoldtownny.gov/calendar.aspx. 10.00 A.M. -CHRISTOPHER AND SOFIJA SHASHKIN #7999—(Adj.from April 3,2025)Request for Variances from Article XXIII,Section 280-124;Article XXXVI,Section 280-207;Article XXXVI,Section 280-208 and the Building Inspector's November 15,2024 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling;at 1)less than the code required minimum front yard setback of 35 feet;2)less than the code required minimum side yard setback of 10 feet; 3)less than the code required minimum combined side yard of 25 feet;4)more than the code permitted maximum lot coverage of 20%;5)gross floor area exceeding permitted maximum square footage for lot containing up to 20,000 square feet in area;6)the construction exceeds the permitted sky plane as defined in Article I,Section 280-4 of the Town Code;located at:1105 Captain Kidd Drive,Mattituck,NY. SCTM No. 1000-106-5-12. 10.10 A.M. -GIL AND TRACY BEN-AMI#8012-Request for a Variance from Article XXXVI,Section 280-207 and the Building Inspector's January 6,2025 Notice of Disapproval based on an application for a permit to demolish an existing dwelling and construct a new two story single family dwelling;at;1)gross floor area exceeding permitted maximum square footage for lot containing up to 30,000 square feet in area;located at:1800 Hyatt Road,(Adj.to Long Island Sound)Southold,NY.SCTM No.1000-50-1-4: 10.20 A.M. -JOSEPH S.PIETRANGELO#8013-Request for Variances from Article XXIII,Section 280-124 and the Building Inspector's March 6,2025 Notice of Disapproval based on an application for a permit to legalize an"as-built"deck addition and to construct an accessory in-ground swimming pool;at 1)deck is located less than the code required minimum side yard setback of 10 feet;2)more than the code permitted maximum lot coverage of 20;located at:795 Founders Path,Southold,NY.SCTM No.1000-64-2-40. 10.30 A.M. -HAMILTON RESIDENCES,LLC#8014-Request for a Variance from Article XXXVI,Section,280- 207 and the Building Inspector's February 13,2025 Notice of Disapproval based on an application for a permit to demolish an existing garage and construct a new two-story garage addition to an existing single family dwelling;at 1)gross floor area exceeding permitted maximum square footage for lot containing up to 200,000 square feet in area;located at:270 Pheasant Drive,Fishers Island,NY.SCTM No.1000-5-2-4. , 10.40 A.M. - FLOWERS AND FLORES FARM LLC/TINA KOSLOSKY#8016-Request for Variances from Article III,Section 280-14;Article 111,Section 280-15;and the Building Inspector's March 4,2025 Notice of Disapproval based on an application for a permit for a lot line change;at;1)proposed parcel No.2 having less than the permitted lot area of 80,000 sq.ft.;2)proposed parcel No.2 having less than the permitted lot depth of 250 linear feet;3)accessory barn#1 less than the code required minimum side yard setback of 20 feet;4)accessory barn#2 located in area other than the code required rear yard;located at:48125 and 48455 County Road 48,Southold,NY.SCTM No.1000-55-2-10.3 and 1000-55-2-11.1. 10 50 A.M. -BEVERLY PAPAPIETROr#$2ir7VRequest for Variances from Article XXIII,Section 280-124 and the Building Inspector's April 3,2025 Notice of Disapproval based on an application for a permit to legalize an"as built"deck addition and to construct additions and alterations to an existing single family dwelling; at;1)proposed construction less than the code required minimum side yard of 10 feet;2)"as built"deck addition less than the code required minimum rear yard setback of 35 feet;3)more than the code permitted maximum lot coverage of 20%;located at:420 Cedar Drive,Southold,NY.SCTM No.1000-78-9-8. 11.00 A M DANIEL MARRA/9450 MAIN BAYVIEW LLC#7992-Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's November 22,2024 Notice of Disapproval based on an application for a permit to construct a new single family dwelling;at;1)located less than the code required minimum front yard setback of 50 feet;located at:9450 Main Bayview Road,Southold,NY.SCTM No.1000- 87-5-22. 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/WebLi nk/Browse.aspx?id=935072&dbid=0&repo=TownOfSouthold Please note the last date to submit written comments to this office will be the Friday prior to the public hearing. After that date,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@southoldtownny.gov. Dated: May 15,2025 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN,CHAIRPERSON By:Kim E.Fuentes 54375 Main Road(Office Location) P.O.Box 1179,Southold,NY 11971-0959 t ' 67c5a748 I 1southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times State of New York, County of,Suffolk County, The undersigned is the authorized designee of The Suffolk Times,a Weekly Newspaper published in Suffolk County, New York.I certify that the public notice,a printed copy of which is attached hereto,was printed and published in this newspaper on the following dates: 05/29/2025 This newspaper has been designated by the County Clerk of Suffolk County,as a newspaper of record in this county, and as such,is eligible to publish such notices. Signature Christina Henke Rea Printed Name Subscribed and sworn to before me, This 06 day of June 2025 Digitally signed FtaESCIO WALLING by Mary Beth tate of New YorkAlescio Walling A0003427Date: 2025.06.06 1aratoga County16:04:13 +00:00 pires Mar 23,2027 BOARD MEMBERS ��OF S0(/j Southold Town Hall Leslie Kanes Weisman, Chairperson 53095 Main Road-P.O. Box 1179 Patricia Acampora 4 Southold,NY 11971-0959 Robert Lehnert, Jr. va Office Location: Nicholas Planamento G'�c► • �Q Town Annex/First Floor Margaret Steinbugler O`ij'C�U �\ 54375 Main Road(at Youngs Avenue) ' Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JUNE 5, 2025 at 10:00 AM PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town. Code Chapter 280(Zoning),Town of Southold, the following "IN PERSON" public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, JUNE 5, 2025: 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. 10:50 A.M. - BEVERLY PAPAPIETRO #8017 - Request for Variances from Article XXIII, Section 280-124 and the Building Inspector's April 3, 2025 Notice of Disapproval based on an application for a permit to legalize an "as built" deck addition and to construct additions and alterations to an existing single family dwelling; at; 1) less than the code required minimum side yard of 10 feet; 2) less than the code required minimum rear yard setback of 35 feet; 3) more than the code permitted maximum lot coverage of 20%; located at: 420 Cedar Drive, Southold, NY. SCTM No. 1000-78-9-8. The Board of Appeals will hear all persons or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review on The Town's Weblink/Laserfiche.under Zoning Board of Appeals(ZBA)\Board Actions\Pending. Click Link: http://24.38.28.228/WebLink/Browse.aspx?id=935072&dbid=0&repo=TownOfSouthold If you have questions, please telephone our office at(631)765-1809, or by email: kimf@southoldtownny.gov. Dated: May 15, 2025 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 11971-0959 Town Hall Annex, 54375 NYS Route 25 P.O.Box 1179 O y Southold,New York 11971-0959 2 Oy� Fax(631) 765-9064 ZONING BOARD OF APPEALS DATE: May 5, 2025 RMTORI .C«�T�I�UO.NS F1UR PaU�BLIC :�EARI�l`1, Dear Applicant; The June 5, 2025 Zoning Board of Appeals Regular Meeting will be held BOTH in person in the Town Hall Meeting Room at 53095 Main Road, Southold AND via video conferencing(Zoom Webinar), and a transcript will be provided at a later date. The public will have an opportunity to see and hear the meeting live, and make comments. Below, please se instructions required to prepare for the ZBA public hearing which includes: PLEASE READ CAREFULLY. 1. Yellow sign to post on your property a minimum of seven(7) days prior to your hearing,to be placed not more than 10 feet from the front property line (within your property) bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both street frontages. Posting should be done no later than May 29,2025.To avoid weather damage to your sign please affix it to a sturdy surface such as plywood. If your sign is damaged please call the office and we will provide you with another one. Prior to your public hearing, members of the Board of Appeals will each conduct a personal inspection of your property. If a Board member reports that there is no signage visibly on display as required by law, your scheduled hearing will be adjourned to a later date to ensure compliance with Chapter 55-1 (B) 1 of the Town Code. 2. SC Tax Map with property numbers. 3. Legal Notice of in person meeting,as well as video conferencing. Instructions for participation will follow, and will be posted on the Town's Website under the meeting date, and the Legal Notice section of Suffolk Times Newspaper. 4. Affidavits of Mailings and Posting to be completed by you, notarized, and returned to our office along with the mailing receipts and green cards by May 29, 2025, verifying that you have properly mailed and posted. Please attach a photograph of the posting on your property with your affidavit of posting. 5. Instructions for Laserfiche/Weblink to view application. MAILING INSTRUCTIONS: Please send by 1tS{PS Cerfiffied Mail Return Recei . 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. Instructions for ZBA Public Hearing Page 2 Ri lease marl documents to the le al maili�n address.. as on fide wit+h Soutaholcl o 0e777rs ®N•ice M3411 n, to be Join. b, a� 19 202r5 a. Leal 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@southoldtownn.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,> https://southoldtownny.qov/DocumentCenter/View/10528/2024-F in al Assess Roll IMPORTANT INSTRUCTIONS: Scan-and"email -the USPS mailing receipts, green signature cards and affidavits to kimMso'utholdtownnyaov, 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 55 of the Southold Town Code and New York State Law. Please note that you or your representative are required to attend. If you or your representative are not present, the hearing will be adjourned to the next available hearing date. Please be reminded that New York State Law requires the ZBA to follow the above specific policies. If for any reason, you are unable to prepare for your public hearing as instructed, please let us know. 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Laserfiche Instructions ZBA Files ��/ ` Page 4 cashef Above: In addition searching by file no. You can also use the above search tool by typing the name or title of the applicant. � � Laserfiche Web Link -'-"`0 —hel °� M Home Browse Search cuss--search Sort results by: Relevance Records Management Search 9 7016 .Field rune Board Actions-83 page(s) Choose Field 3 Page count 83 Template name:Board Actions ,Reset j Page 3...:Colin and Kristen Cashel PROPERTY LOCATION:162 Lower Shingle Hill,Fishe, Page 4—19,201 7#7016.Cashel SCTM No.1000.9-1-26 minimus approval to remo... Page 5...y 19.2017#7016,cashel SCTM No.1000-9.1-26 GRANT,the variances as... Sea,&cerms Page 9...COLIN&KRISTEN CASHEL SECTION 009 BLOC... Page 20...Thomas Ahlgren(Cashell PO Box 342 Fishers Island.NY... Show more information... 7018 Board Actions.56 pageis) Page count S6 Template name:Board Actions Page 40...930 AM:COLIN CASHEL AND Variances under Article IdtSection ANN... Page 47...ance(s)KRISTEN CASHE07016-Request proposed trellis located in other tha... E Show more information.., Above: Shows you files that can be found using a phrase, name or title. Or you can search by Tax Map No. (District, Block and Lot) using the format 1000-111.4-1. Laserfiche WebLink a Mywebunk I Help About I s, Home Browse Search TownOfSouthold>Zoning Board of appeals(ZBA)>Mlnutes/Agendas/Legal Notices/Hearings Minutes/Agendas/Legal Name Page count Template dame Notices/Hearings F 1957-1979 Entry Properties E_7 1980-1999 2000-2009 Path 2010 TownOlSouttolcRZonmg Board of Appeals ;�loll (ZBA)Wlinutes/Agendas/Legal NoTiCe5iHearings 'J loll Creation date '_'..'a 2013 1/1(112001 2:97:40 PM 2014 Last modified ^°-!2015 12116120152:1.5:1 a PM, 7 2016 R Metadata eon No metadata assigned Page)of 1 11 Ent, 1-2 sta..r.�r...11- Above:Also, Minutes,Agendas, and Hearing Transcripts can be viewed. V Laserfiche Instructions ZBA Files Page 5 LaserBche WebLink Iv+jwebUnn i Help 1 Abora Home Browse Search TownCfSouthold>Zoning Board of Appeals(ZBA)>Minutes/Agendas/Legal Notices/Hearings>2017 2017 Name page count .Template name d'ZBA-01105/2017 7 A Entry Properties --- ZBA-01/05/2017 Agenda 4 Path ZBA-01105/2017 Hearing 40 lownOfSoijmold\Zoning Board of Appeals y ZBA-011052017 LN 3 (ZBA)\Mimltes/Agendacil.egal ZBA-01/19/2017 2 NoticesiHearings\2017 ZBA-01/19/2017 Agenda - Creation date 12/16/2016 2:15:14 PM e,ZBA-02/02/2017 7 Last modified ZBA-02/02/2017 Agenda 4 6/19/20174:5159 PM ZBA-0210212017 Hearing 45 2 Metadata ZBA-02/0212017 LN 3 ZBA-0 211 612017 Agenda 3 No metadata assigned ZBA-02/16/2077 5peaal 3 :educe&Results j ZBA-03102/Z017 7 mlhenNh/pap-smearsU>] ZBA-03102/2017 Agenda 4 ZBA-03/022017 Hearing 65 �y ZBA-0 310 212 01 7 LN 3 -�7BA-03/16/2017 Agenda 3 d ZBA43/16/1017 Special 3 ZBA-OW0612017 5 ZBA-W062017 Agenda 4 ZBA-0410612017 Hearing 45 Above: Agendas, Minutes and Transcripts are in chronological order. Revised 6/15/2020 I El 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 - httpNo//South01dtownny.gov/caIendar.aspx NAME : PAPAPIETRO, BEVERLY #8017 SCTM #m. 1 000-78-9-8 VARIANCE: YARD SETBACKS, LOT COVERAGE REQUEST: LEGALIZE "AS BUILT" DECK ADDITION AND CONSTRUCT ADDITIONS AND ALTERATIONS TO AN EXISTING SINGLE-FAMILY DWELLINGE -C ATE : THURS . , JUN . 51 2025 10:50 AM You may review the file(s) on the town's website under Town Records/Weblink: ?BA/ Board Actions/ Pending. ZBA Office telephone (631 ) 765-1809 • ull TOWN OF SOUTHOLD I ZONING BOARD OF APPEALS Appeal No. SOUTHOLD,NEW YORK AFFIDAVIT OF In the Matter of the Application of: MAILINGS Beverly Papapietro (Name of Applicant/Owner) 420 Cedar Drive, Southold SCTM No. 1000- 78-9-8 (Address of Property) (Section, Block & Lot) COUNTY OF SUFFOLK STATE OF NEW YORK I, ( ) Owner, (x ) Agent Tara Bates residing at AMP Architecture, 10200 Main Rd Suite 3A, Mattituck New York, being duly sworn, deposes and says that: On the 14 day of May ,2025, I personally mailed at the United States Post Office in Mattituck New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll Verified from the official records on file with the (x ) Assessors, or ( ) County Real Property Office, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. (Signature) Sworn to before me this DARCEE AUFENANGER day of , 20�� NOTARY PUBLIC,STATE OF NEW YORK Registration No. 01A00019644 Qualified in Suffolk County commission Expires January 9,2026 (No y ublic) PLEASE list on the back of this Affidavit or on a sheet of paper, the lot.numbers next to the owner names and addresses for which notices were mailed. All original USPS receipts and mailing confirmations to be submitted to the ZBA Office along with this form completed, signed and notarized. o RECEIPT P� • Er CERTIFIED © RECEIPT Domestic Only ru •• Only R) ru t, ut Ill '' la � �� ,. � � , . �. •4 - fL Cerrtiiffied Mall Fe 6 1 _. r u1 •���9 Z A 4 �i'"' r \ ` IL t°v:t ) ��' y -�17 07' rl_I Certified Mail Fee a $ 4'.l6 14.s,r? 1� EMraServices&Fees(checkbox,add/ (�}srQpdafe) ,m°�¢. 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Signature ❑Agent I ■ 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. B. Received by(Printed Name) C. Date of Delivery j ■ Attach this card to the back of the mailpiece, I or on the front if space permits. l Article Addressed to: D. Is delivery address different from item 17 ❑Yes (f If YES,enter delivery address below: ❑No Coll��n / 4 U� 61, 3. Service Type ❑Priority Mail Express®,. [3Adult Signature ❑Registered Maillm li III IIIIII IIII IIIIIIIIIIIII II III I II IIIIIIIII III ❑Adult Signature Restricted Delivery ❑Registered Mail RestrleI-. � ❑Certified MailB Delivery ql ❑Certified Mail Restricted Delivery ❑Signature Confirmation"' 9590 9402 8419 3156 3847-18 ❑Collect on Delivery ❑Signature Confirmation } ❑Collect on Delivery Restricted Deliver Restricted Delivery _2 Arttcle Number(Transfer from service label) T. Insured Mau l �I r�71 �r ri rt ns red MaillR'estf ct r�lt 7 0 212 )2 ri?'U i Z,0�0 0�2 �act� � e }4�, , lover$500) prr�estio Return Receipt PS Form 3811,July 2020 PSN 7530-02-000-9053 COMPLETETHIS SECTIONON DELIVERY • • . A. Signature r ■ Complete items 1,2,and 3. ❑A nt ` ■ Print your name and address on the reverse X Addressee y so that we can return the card to you. B. R ved by d Name) C. D to of Dell rw} ■ Attach this card to the back of the mailpiece, or on the front if space permits. I i 1.Article Addressed to: D. Is delivery address different from item 1? ❑Yes If YES,enter delivery address below: ❑No 510 C?,&X' LLC 0. �- ,P-dV ea LY) •� C�eeln�c�wv� �� ����o � I, I 3. Service Type ElPriority Mail Express® IIIIIIIIIIIII II III I III IIII II I I III ❑Adult signature ❑Registered'MailT cted ' IIIIIIIII IIII Adult Signature Restricted Delivery Registered Mail Restri ❑ ❑' R ❑Certified Mail® Delivery Certified Mail Restricted Delivery Signature Confirmation"' El Certified 9590 9402 8419 3156 3846 95 ❑Collect on Delivery - ❑Signature Confirmation ❑Collect on Delivery Restricted Delivery Restricted Delivery 2. Article Number(Transfer from service label) ❑Insured Mail ❑'Insur d Mail Restricted Delivery: 7022 241A I d?t P`Z2`..1`. � cove $500 l ° t } 4 Receipt PS Form 3811,July 2020 PSN 7530-02-000-9053 ' Dn?rIC Return �I COMPLETE SECTIONON DELIVERY SENDER: COMPLETE THIS SECTION A.:Signatur ■ Complete items 1,2,and 3. t ❑Agent I ■ Print your name and address on the reverse X ❑Addresnc ' so that we can return the card to you. ■ Attach this card to the back of the mailpiece,` B. R eived by ipted Name) C. Date of Deliver T or on the front if space permits. \ 1. Article Addressed to: D. Is delivery address different from Item 1? ❑Yes IK If YES,enter delivery address below: [3 No 1�5 Sv�rnm�� �cl IIIIIIIII IIII IIIIIIIII IIII II III I III II I III II III 3. Service Type ❑Priority Mail Express® ❑Adult Signature ❑Registered MaiIT^' I El Adult Signature Restricted Delivery ❑Registered Mall Restricted 1 ❑Certified Mail® Delivery i 9590 9402 8419 3156 3846 88 ❑Certified Mail Restricted Delivery ❑Signature Confirmation'" ❑Collect on Delivery ❑Signature Confirmation 2. Article Number(Transfer from service label) _ ❑Collect on Delivery Restricted Delivery Restricted Delivery— ❑Insured Mail i ':I, '❑Insured Mail Restricted Delivery t- :i ?Tt L F:2 i i`i `srJ: 19�] (over$500) Domestic Retur n Receipt PS Form 3811,July 2020 PSN 7530-02-000-9053 r) 6/3/25, 1:19 PM USPS.com@-USPS-Tracking®Results USPS Tracking® FAQs > S0 Il - Tracking Number: Remove X 70222410000202253219 6-K(jffW Copy Add to Informed Delivery (https:Hinformeddelivery.usps.com/) Latest Update Your item was forwarded to a different address at 10:18 am on May 16, 2025 in WESTHAMPTON, NY. This was because of forwarding instructions or because the address or ZIP Code on the label was incorrect. Get More Out of USPS Tracking: a USPS Tracking Plus® Alert Forwarded WESTHAMPTON, NY May 16, 2025, 10:18 am r Arrived at USPS Regional Facility MID NY DISTRIBUTION CENTER May 14, 2025, 7:08 pm Departed Post Office MATTITUCK, NY 11952 May 14, 2025, 4:59 pm ® USPS in possession of item MATTITUCK, NY 11952 May 14, 2025, 2:03 pm Hide Tracking History What Do USPS Tracking Statuses Mean? (https://faq.usps.com/s/article/Where-is-my-package) https://tools.usps.com/go/TrackConfirmAction?gtc_tLabelsl=70222410000202253219 1/2 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK PC V&re? AFFIDAVIT OF In the Matter of the Application of: POSTING Beverly Papapietro (Name of Applicants) COUNTY OF SUFFOLK STATE OF NEW YORK Tara Bates residing at AMP Architecture, 10200 Main Rd Suite 3A 1 _ Mattituck ,New York, being duly sworn, depose and say that: I am the ( ) Owner or (x ) Agent for owner of the subject property On the 27 day of May , 2025 , I personally placed the Town's Official Poster on subject property located at: 420 Cedar Drive, Southold The poster shall be prominently displayed on the premises facing each public or private street which the property involved in the application or petition abuts, giving notice of the application or petition, the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall be set back not more than 10 feet fiom the property line. The sign shall be displayed for a period of not less than seven days immediately preceding the date of the public hearing of June 5th 2025 U� (Owner/Agent Signature) Sworn to before me this S' Day of 20Z5 v - ) _ (Notary Pu DARCEE AUFENANGER NOTARY PUBLIC,STATE OF NEW YORK Registration No.01A00019644 Qualified in Suffolk County Commission Expires January 9,2028 1 i i I SENDER- CjWETE THIS SECTION r()MPLETE THIS SECTION ON DELIVERY ■ Complete items 11,2,and 3. A. ig ure ■ Print your name and address on the reverse so that we can return the card to you. X ° Agent ■ Attach this card to the back of the mailpiece, y( ri ted Name ❑Addressee f ec 'ved b Date f ell ry ;or on the front if space permits. 1. Articit:Addressed to: D. s delivery ad ress iffere t ram it ❑ es i Jam'Y1Q11�C1 n a i GI �, If YES,enter delivery address below: ❑No i 155 stammer in 501�1M0kC1 ,N14 11W1 -1 II I IIIIII I'll III I Illlll II I II II II IIII I IIIIII III 3. Service Type ❑Priority Mail Express® ) O Adult Signature ❑Registered MaIITM ❑Adult Signature Restricted Delivery O Registered Mail Restricted) ❑Certified Mail® Delivery 9590 9402 9031 4122 9330 94 ❑Certified Mail Restricted Delivery O Signature ConfirmationTN ❑Collect on Delivery ❑Signature Confirmation t_?iL_►rticle,'Nunn_ierlCfransferfCorri service label)_ ❑Collect on Delivery Restricted Delivery Restricted Delivery 122 241� 00'02. 0225 3189 ❑Insured Mail ❑Insured Mail Restricted Delivery (over$500), PS Form 3811,July 2020 PSN 7530-02-000-9053 A91►� sfi *(eturr)Receipt SENDER COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • I i ■ Complfe items 1,2,and 3. "I:,'•" kB. Recelved ' nature 1 ■ Printq` Y ',name and address on the reverse ❑Agent J so that can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, b :( r, C. Date of Delivery f or on the front if space permits. 1 1. A►ticle•Addresse to: D. Is delivery address different from item 17 El Yes }} 1 C 1h11 U - cca-v►9 U e Z If YES,enter delivery address below: ❑No I 1 . MckyAcj kop L 1 i II I IIIIII IIII IIIIII II(IIII II III I II I Ill)I Ill III 3. Service Type ❑Priority Mail Express® � I ❑Adult Signature ❑Adult Signature Restricted Delivery ❑Registered Mail R 1 ry ❑Registered Mail Restricted �. ❑Certified Maila Delivery 9590 9402 84��-3156 3841 45 ❑Certified Mail Restricted Delivery El Signature ConfirmationTM I ❑Collect on DeliveryI ❑Signature Confirmation �2:Ar�iCle Umber(TiagSfgr from SQ/I(ice label) ❑Collect on Delivery Restricted Delivery Restricted'Delivery t ''•—'— i't— m Insured Mail 2' 0 2 2 5—`-- Insured Mail Restricted Delivery ((over$500) PS Form 3811,July2020 PSN 7530-02-000-9053 IQS7I}te -W 3tl turn Receipt r i • �rA,yyry,, �. - +1 X'.Xl' �i ,,�� !+ - p �,� �'� fella •�-��,' . s' F�'7N `.� 1• .Ivi ,mil � � f• a i .•'�•.e' } t !�,'1! �+r r 1 r�a1 � • ••,►' It�yjt,.t � � ♦ , ' ��tl,�Rt .r' � � 1 y� �. + t ' .�Z a t' '' �,I } �,�� � � '��+I �T�"���;'� �•r.1f�' � N �t,�at�v�'/''�f'+ls=!I�, .r ;r 1 J• ����,, p i1f. a'.rY Aff -n l -.jam .Fa:,, +r� �.I -• _. - -- � ' it L � A• S'*' - �i+a'�'� '�F t"4�ti�.e}'F!i#..�< ` �-�� t.'"� ,��`�•' � 4 r,� •,x ,�"t svi • - �h y.,j f r..xo .�,,' �t nYM,,.�}„J x�U �.,, ¢ � tly�a.-� .:. , � � l;(.. _,r<,'a"�t;'�' -y t �or � 1 Yr � ' �.�;'" ��y,° ,'t5s�-,• �r - �f.-� 4- . t ,,+r��+ � �• Ai t "�:. r r-.may.. a ,.:ti' \ y, � .;�.' cal,_ r °"4• �., R a �: "° ( 1 ' t��v !•" at���� r ���� 1,��� •, .Y � �t>.C} 'I ,�,h ��-f,�;��lz{`�' ) t *� ���/�' � .'?F,rop,, � �q � � � •S'r`l 4��!t- L �v 9 '-,� �yu 4r �a��. r' <�ry."y7 s�i.,j <r �� v 4• r.: r �. BOARD MEMBERS ��rjF SU �o Southold Town Hall Leslie Kanes Weisman, Chairperson l0 53095 Main Road•P.O. Box 1179 Patricia Acampora Southold,NY 11971-0959 .Robert Lehnert,Jr. Office Location: G Nicholas Planamento �p� Town Annex/First Floor .cam Margaret Steinbugler IiYCOU 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD June 25,2025 Tel. (631) 765-1809 Anthony Portillo AMP Architecture P.O.Box 152 Mattituck,NY 11952 RE: ZBA Appeal#8017,Papapietro 420 Cedar Drive, Southold . SCTM No. 1000-78-9-8 Dear Mr. Portillo; Transmitted for your records is a copy of the Board's June 18,2025 Findings, Deliberations and Determination,the original of which was filed with the Town Clerk. Before commencing any construction activities,a building permit is necessary. Please note the following conditions of approval: 1. 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. 2. The applicant must obtain a Certificate cf 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. 3. The "as built" rear deck shall remain "open to the sky",and shall not be enclosed in any way. 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 Sincere y, Ki E. 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"FOR PCLNO k .f � i E S (66I `"'"i 067-0101SEES 00 \: ra \ \l'•, -ram"• \ I ,.'y I , I i .fit\ COUNTY OF SUFFOLK © N NOTICE K + o DISTRICT No. 1000 SECTICN NO, E Real Property Tax Service Agency LINNTEWICE.ALTERATION SALE OR Y INE DISIRIEUNON OF ANY PORTION OF THE 0;s m 10 Boa TOWN OF SOUTHOLD o70 300 Cenler Drlre,RY..4,W,NY 11901 SUFFOLK COUNTY TAX MAP IS PROHBRED A me /v m0 ,a0 0 2a0 a00 WITHOUT WRITTEN PERMSON OF THE P boo- _._.+ Feet .S REAL PROPERTY TAX SERACE AG94CY. _ i006 MLLAGE OF OB6 006 047 083 a -, r ss CO . TOWN OF SOUTHOLD—BUILDING DEPARTMENT =oo uy� Town Hall Annex 54375 Main Road P. O. Box 1179 Southold,NY 11971- Telephone 631 765-1802 Fax(631) 765-9502 https•//www.southoldtow P. . y� ��• p ( ) * � . Date Received APPLICATION FOR BUILDING PERMIT For Office Use Only Building Inspector: t PERMIT NO. g p I : FEB 1 3 2025 - �:- ;Applications and.forms must be{flled out in their-entirety Incomplete :appllcatans will not be accepted Where the Apphcant'spot the owner,an :,,;`r Owner's i4ii 6bkzation form(Page 2)shall be completed Date:02/12/25 ..,OWNER(S)OFPROP--ERTY, - Name:Beverly Papapietro SCTM#1000-78-09-08 Project Address:420 Cedar Drive, Southold FEMPhone#:g47-373-8703ail:bpapapietro525@gmail.com Mailing Address;420 Cedar Drive, Southold Y 'CONTACT PERSON - - k2 ,i v ti Name:Brooke Epperson Mailing Address:PO Box 152, Mattituck, NY 11952 Phone#:631 603 9092 Email:bepperson@amparchitect.com :DESIGN.PROFESSIONALINFORMATION Name:Anthony Portillo Mailing Address:PO Box 152, Mattituck, N.Y. 119.52 Phone#:631 603 9092 Email:aportillo@amparchitect.com :CONTRi4CTOR�INFORMATION ., - F , _ - - Y , Name: Mailing Address: Phone#: Email: DESCRIPTION OF PROPOSED CONSTRUCTION x 'r � 3 ❑NewyStructure RAddition ❑Alteration ❑Repair []Demolition Estimated Cost of Project: 35,000 ❑Other _ No - [Willthe e re-graded? ❑Yes @No Will excess fill be removed from premises? ❑Yes B -lot 1 PROPERTY INFORMATION Existing use of property:s,n,,,U .{-Am. V u. Intended use of property: ,sins Zone or use district in which premises is situated: Are there any covenants and restrictions with respect to C(Dn rt� �,rVc� this property? ❑YesONO IF YES, PROVIDE A COPY. Check Box After Reading: The owner/contractor/design professional is responsible for all drainage and storm water issues as provided by Chapter 236 of the Town Code.APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold,Suffolk,County,Newyork and other applicable Laws,Ordinances or Regulations,for the construction of buildings, additions,alterations or for removal or demolition as herein described.The applicant agrees to comply with all applicable laws,ordinances,building code, housing code and regulations and to admit authorized inspectors on premises and in building(s)for necessary inspections.False statements made herein are punishable as a Class A misdemeanor pursuant to Section 210.45 of the New York State Penal Law. Application Submitted By(print name): CRAuthorized Agent []Owner Signature of Applicant: Date: 2 l vt �?s STATE OF NEW YORK) 1� SS: �v COUNTY 0FS 2act-->\t�P- �c�+no�s�� being duly sworn,deposes and says that(s)he is the applicant (Name of individual signing contract) above named, (S)he is the 4-�Sw (Contractor,Agent,CcWporate 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 1 day of I—C!h<"UCtrN ,20'25 l7 O o is DA Ai.I ENANGtR LRe UBLIC: STATE Or NEW YORi( aticr 01A00019644 PROPERTY OWNER AUTHORIZATIONitI it S;.Jfolk County (Where the applicant is not the owner) cr 9 2028 I, 116jtf QR q l e— VQ residing at CC dA r �r• Abu O do hereby authorize to apply on my behalf to the Town 6outhold Building Department for approval as described herein. •Q-9 C 1 •q •2 5 Owner's Signature Date ##'bGd r—c%% Pw ., 1 C Print O is Name 2 W 50UTHOLD TOWN GO,DE 280-20T (AI(I) - - ZONING REGULATIONS MAIN BUILDING -' a g / 2 p00.0 ALLOWABLE TOTAL 50UTHOL LOT SIZE AREA IN v� 12,000.0 S.F. m W° EXCESS OF 10,000 S.F. 6FA GFA z 3 (b) LOTS CONTAINING UP TO 5A50 S.F. EXIST. PROPOSED COMPLIES a a 20,000 S.F. MAX. w w w ALLOWABLE S.F./PLUS MIN. PRIMARY 35.0' 35.0' YES Z _ 12.5% OF EXCESS LOT 2,100.0 S.F. 250.0 S.F. 2 350.0 S.F. 2,236 5.F. FRONT YARD 35.0' o a vi AREA OVER 10,000 5.F. MIN.5ECONDARY °a a 1°L J W J 20.0' 24.5' 24 5' YES w w F E FRONT YARD w�J Y W IOOA' 525°05 30°W J - :-;` :^ w coo o 3 w MIN. SIDE YARD 10.0' 10.0' 5.4' NO m a m g w Rov:A. ~o=z m Z s Z V O<iLzo m ,`\j-,•{�-j5{yype MIN.REAR YARD 35.0' 22.8' 22.8' NO a w 6 I MAXIMUM HEIGHT 55.0' 14.1' 14.1' YES a mo w `�` O:LL O Z O m p Jm ry 10.01 LOT COVERAGE °o m-o Nw Wo EXIST.PATIO m - EX15T. ASPHALT `� Im r o Im GRADE GRAVEL <I�ie�iH DRI`EKAY I 50UTHOLD TOWN_CODE 280-124(B) - a� zaWQo EXIST.PATIO® HEIGHT tt0' - T-. COVERAGE O m¢k>U GRADE ' DESCRIPTION(FOOTPRINT) AREA f w w-g a U O W K 2 F a O 00�F-F TOTAL LOT AREA 12,000.0 S.F. _ z 15b' I awS�OK EXIST.PATIO® GRAVEL EXISTING DWELLING 2,150.0,S.F. 15.2% m J ¢m DRIVEWAY o g ma W w s AS-BUILT WOOD EXISTING SHED 101.0 S.F. 0.5% w"_m° H DECK W W?K O EXIST.WALKWAY r AS-BUILT WOOD DECK 255.0 S.F. 2.0% o o a o 35'REAR SETBACK ____ _ _ 10.0' I OVERHANG EXISTING REAR STOOP 36.0 S.F. 1.6% 64.4' m O EXISTING FRONT COVERED EX15T.CHIMNEY I N O PORCH 191.0 S.F. I.6% n EXIST.PROPANE ENTRY STOOP °� PROPOSED DWELLING ADDITION 11.0 S.F. O.I% a I TOTAL PROP05ED AREA OF ALL '�NAK I 2165.0 S.F. 23.0% �--1 - o STRUCTURES U EXISTING ONE STORY LL MAXIMUM LOT COVERAGE ALLOWED: 20% /�� M DWELLING W W Z 4-1 EXISTING LOT COVERAGE = 22.9% 25h, n PROJECT/ZONING.-DATA : - in7YAR�DS�ETBACK 24b' TAX MAP# 1000--I5-09-OS C--_- 13S' F-PROPOSEDZONING DISTRICTR40 NON-CONFORMINGADDITION WITHINEXI5TING 22"ROOF #Z-5121;MAY 1413 DOWELLINGIVATE ONE FAMILYEXISTING WOODDECK AND I GofO -DETACHED ACCESSORY #Z-16515;APRIL 1955 STAIRS TO EM I DECK(AT REAR OF DWELLING) REMovmQ ; Gofo - ALTERATION AND RENOVATION # 5EPT. 1945 TO AN EXISTING ONE FAMILY DWELLING 35' GofO - ALTERATION TO AN EXISTING #Z-241155;JANUARY.2002 e-I ONE FAMILY DWELLING O Z ix w GofO -EXTERIOR ALTERATIONS O - TO EXI5TIN6 51NOLE FAMILY #44444;AUGUST 2025 v-I I DWELLING d 9 O Z 0 ASPHALT DRIVEWAY �- Z () O SITE LAYOUT NOTES: ' Q W N 2 O - I. THI5 15 AN ARCHITECT'S SITE PLAN d 15 a c j '^ SUBJECT TO VERIFICATION BY A LICENSED O SURVEYOR.-THE INFORMATION N REPRESENTED ON THIS 51TE PLAN 15 TO THE. ¢ ARCHITECTS BEST OF KNOWLEDGE. A is 2.SURVEY INFORMATION WAS OBTAINED FROM A SURVEY DATED o4/11/2021 AND PREPARED BY: - - - - - - - - SGALIGE LAND SURVEYINGv. P: 631-451-2400 N25°05130"E MJLANDSURVEY.GOM I'. +{ �' 4<� In100.0' 11 "! IIt Jh / cv ' eta .' O PROP05ED SITE PLAN `I CEDAR DRIVE SCALE: I" = 15'-0" o a a EX15T. w w a EXIST. DECK — — — — — m w — — — — — — — — — — — F Z a U J � C a a U Q• I� � � 0 I 2 pw� 0 0 o I �p�aW oho=F w II — i I I s=zs Z U O a N I I I I EX15T. I aaZo= KI TGHEN a LL 251 s.F o Z W FO w a I II pp =p EXIST. LIVING Na¢wa O W O N p I I I ax€xm _Z7 rcr�om 3685.E REP --------------- I z-cz o f 1Z z ROOM _ ww-tea I Gw�zz xxrao F LL W p N U a z¢oor I I p aJa� x °.zcail�uc Iwp-r I 0 0 1 U I I EXIST. LIVING I ------------------- ROOM I EX15T. 283 SF � GARAGE I EXIST. 18'i s.F I -� _0 BEDROOM _ 120 S.F I U N m I 4-j + EX15T. BATHROOM Q 45 5.F EX15T. — — — — — — — — — — — — — — — — — — — J 3'-II" BEDROOM � EX15T. I01 s.F I PORCH I - Q iv ----- ----- ------- II I I I I I '��vf.-`��/��t�E'�,'���'` �>� Ea��`•�����.�.��5 a0oa 0 z a� �z EXISTOM O w BATHRO Qwo O EX15T. BEDROOM 154 5.F 0 . 0 EXIST. MASTER BEDROOM NoO wN oN N �1 LD r� Q I I " EXISTING FIRST FLOOR PLAN ;� 037��`���� W wm SCALE-. 5/16" = I'-O" o a L — — — — — — — — — — — — — — — — — — — — — W a y EXIST. m a o EX15T. DECK F STOOP Z — — — — — — — — — — — — — — — — — — — 9 J a a o ® o 0 o I o Z, I� ci II DW OW��Z — — F-a FmWa I — � m3w II L I I I zIr0 m II - - - EX15T. aaZo= I I I y:4�ux KITCHEN LL o W" I L - - J 281 S.F I ROO >�owa oaF�cai EXIST. LIVING I I Rwa O W O N O ROOM I I ® x� I5T• -- WKzou R �Z�Z° w- Q U O W�2 2 wo=~`O LLOWW OF-F= I r 2 Lon 0 0 o l Q 2�O D F ? a W N 1 0 6 I I ------------------- EX15T. LIVING ROOM EXIST. 255 S.F EXIST. C�ARAC�E BEDROOM la-IS.F I 4-j _ 120 SP I U D 0) m PROP05ED I BATHROOM I _ 4b 5.F EX15T. — — — — — — — — — — — — — — — — — BEDROOM EXIST. 101 5.F I PORCH I _ Q u, %Q I ® I ----- ----- 0 ti O o � I . I d > o z PROP. PROP. MASTER �'1" I a. zQ O w 0 U Q LV N = BATHROOM II 5.F a M 0 EX15T. 3-r 5.F I o N OVERHANG EXIST. Ap I a BEDROOM I : ^��° e o EX15T. MASTER I � I dam' M BEDROOM I �� ' f`?� J ems' \,I ice (''` ' ' �E N N PROP05�D r—I R5T FLOOR PLAN `��. �d�7 5GALE: 3/I6" = I'-0" — — — — — — — — — — — — — — — — — — — — — a N Z N W g Y mwo aoov�3 Fzr4a Q Q U O Z W U 04 �W lw tn LL J O W Q — -_ z00: z W Osp3 Na¢wa p N W O LUL ? Z Q ZW Q O iLL1 V Z Z F _u III �. Ww—�Q oao� V.= Qo LL JLO pp�F c~] W w p 2 �w-so 'w" z¢caa LLLJ a dZV Ut-'J lLiL �pOaU I I I t I I I I LLL FROF05ED FRONT ELEVATION D CD m 4J U � Q cn 0 Q zo vi ovi Lia W Q � > az Q p w o R-Lu LiLl -LLj Z C.)L LLU III III HillQ W N O U — o LiLL I I I pli I I i Fa d' O N J LULJ 74 FROF05ED FRONT ELEVATION SCALE: 5/16" = r-o" o a BOARD MEMBERS ��OF SOUj- Southold Town Hall Leslie Kanes Weisman, Chairperson ,`O l0 53095 Main Road•P.O. Box 1179 Patricia Acampora Southold,NY 11971-0959 Robert Lehnert, Jr. y Office Location: Nicholas Planamento G,'�c► • �O� Town Annex/First Floor Margaret Steinbugler C�UN� 54375 Main Road(at Youngs Avenue) soREdN96 http://southoldtownny.gov Ida 6 0's" 14 V` ZONING BOARD OF APPEALS UN 2 3 2025 TOWN OF SOUTHOLD Tel. (631) 765-1809 &ou0o4irowIn�erk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF JUNE 18, 2025 ZBA FILE: #8017 NAME OF APPLICANT: Beverly Papapietro PROPERTY LOCATION: 42 Cedar Drive, Southold,NY SCTM No. 1000-78-9-8 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 further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was not required to be referred to the Suffolk County Department of Planning under the Suffolk County Administrative Code Sections A 14-14 to 23. 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 12,000 square foot non-conforming parcel,located in an R-40 Zoning District. The property is a corner lot with a 100 feet frontage along Cedar Drive,then turns east for 120 feet to the rear lot line,then turning south for 100 feet toward Summit Road,where it returns 120 feet along Summit Road to Cedar Drive. The property is improved with an existing one-story residence with a wood deck at the rear of the house, and masonry at-grade patios in the rear yard. The property also has an accessory shed located in the rear yard,as depicted on a land survey prepared by Michael Scalice,Land Surveyor,last revised on September 17, 2021. BASIS OF APPLICATION: Request for Variances from Article XXIII, Section 280-124 and the Building Inspector's April 3, 2025 Notice of Disapproval based on an application for a permit to legalize an "as built" deck addition and to construct additions and alterations to an existing single family dwelling; at; 1)proposed construction less than the code required minimum side yard of 10 feet; 2) "as built" deck addition less than the code required minimum rear yard setback of 35 feet; 3)more than the code permitted maximum lot coverage of 20%; located at: 420 Cedar Drive, Southold,NY. SCTM No. 1000-78-9-8. RELIEF REQUESTED: The applicant requests variances for the following: 1. The proposed construction has aside yard setback of 8.4 feet where a minimum of 10 feet is required. 2. The"as-built"deck addition has a:ear yard setback of 22.8 feet where a minimum of 35 feet is required. 3. The proposed and"as-built"construction has a lot coverage of 23%where a maximum of 20% is required. ADDITIONAL INFORMATION: As per the applicant's agent,the proposed addition is a small bathroom addition to accommodate a handicapped individual, and does not exceed the setback for the existing roof overhang. The Page 2,June 18,2025 #8017,Papapietro SCTM No. 1000-78-9-8 applicant's architect submitted copies of three prior ZBA variance determinations in the general area; one that approved excessive lot coverage and two that approved non-conforming rear yard setbacks. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on June 5,2025 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(D. The granting of the requested variances will not result in an undesirable change to the character of the neighborhood,nor will it cause any detriment to adjacent or nearby properties.The surrounding neighborhood is characterized by a mix of modestly sized to mid-sized single-family homes,many of which feature small-scale additions, rear decks, and similar improvements that enhance livability while maintaining a small-scale residential aesthetic. The subject corner lot is well screened with solid fencing and mature landscaping along the property lines and neither the proposed addition or as built deck in the rear yard will be visible to the street. The proposed 8-foot 10 inch by 1 foot 8-inch addition to enlarge the existing bathroom has been designed to align with the existing architectural footprint of the home, and does not extend beyond the setback established by the existing roof overhang,thereby preserving the visual continuity of the streetscape. 2. Town Law V67-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. Due to the existing setbacks of the house, any additions in the side yards would require variance relief. Since the existing lot coverage is 22.9%. which already exceeds the code permitted maximum of 20%, any additional structure on the property will require a lot coverage variance. 3. Town Law 4267-b(3)(b)(3). The variances granted herein are mathematically substantial. 1. The side yard setback of 8.4 feet represents a 16%relief from the code. 2. The rear yard setback of 22.8 feet represents a 35%relief from the code. 3. The lot coverage of 23%represents approximately 15%relief from the code. However,the proposed addition does not exceed the existing roof overhang setback and only constitutes an additional .1% lot coverage, and, while the existing as-built deck exceeded the permitted maximum lot coverage by 2.9 percentage points,with the condition imposed herein to remain open to the sky and unenclosed, it will be in keeping with other decks in the neighborhood. 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 subject deck and proposed addition are fully screened from view form both street frontages on the subject corner lot and from adjacent properties, and the applicant must comply with Chapter 236 of the Town's Storm Water Management Code and the conditions of this board. 5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect, and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a small bathroom addition, and an accessory rear deck while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. Page 3,June 18,2025 #8017,Papapietro SCTM No. 1000-78-9-8 RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B,motion was offered by Member Lehnert,seconded by Member Planamento,and duly carried, to GRANT the variances as applied for and shown on the Site Plan and Architectural Plans(Sheets ZBA-0I thru ZBA- 05)prepared by Anthony Portillo,R.A., and dated February 13, 2025. SUBJECT TO THE FOLLOWING CONDITIONS: 1. 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. 2. 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. 3. The "as built"rear deck shall remain"open to the sky",and shall not be enclosed in any way. 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 LE%HTS ON THE APPROVALS)GRANTED HEREIN Please Read Carefully Any deviation from the survey,site plan and/or architectural drawings cited in this decision,or work exceeding the scope of the relief granted herein, will result in delays and/or a possible denial by the Building Department of a building permit and/or the issuance of a Stop Work Order, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s)granted herein as shown on the architectural drawings,site plan and/or survey cited above,such as alterations, extensions, demolitions, or demolitions exceeding the scope of the relief granted herein, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code,other than such uses,setbacks and other features as are expressly addressed in this action. TIME LIMITS ON THIS APPROVAL: Pursuant to Chapter 280-146(B)of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured,and/or a subdivision map has not been filed with the Suffolk County Clerk,within three(3)years from the date such variance was granted. The Board of Appeals may,upon 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 Page 4,June 18,2025 #8017,Papapietro SCTM No. 1000-78-9-8 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),Planamento,Lehnert and Steinbugler. (4-0)(Member Acampora Absent) L 4Kanes Weisman, C irperson Approved for filing 6 1 J2025