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HomeMy WebLinkAboutBrooks. Andrew FORM NO. 3 RECEIVED TOWN OF SOUTHOLD BUILDING DEPARTMENT JUL 0 7 2025 SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL ZONING BOARD OF APPEALS DATE: March 24, 2025 AMENDED: May 29, 2025 TO: Andrew Brooks PO BOX 1312 Cutchogue,NY, 11935 Please take notice that your application received February 18, 2025: For permit to: construct a garage addition to an e :istin yin le-famil dellin t: Location of property: 373 Broadwaters Road Cutcho ue NY County Tax Map No. 1000—Section 104 Block 12 Lot 6.3 Is returned herewith and disapproved on the following grounds: The proposed construction on this 40 075.2 s . ft. parcel in the Residential R-40 District, is not permitted pursuant 280- Attachment 3 Burk Schedule for R-40 which states- conforming lots re uire a rainimurn front and setback of 50 feet. The ploposed construction as shown on the site lan has a front and setback of 46 feet. Auth I ed. 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. RECEIVED APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPE,& 0 7 2025 AREA VARIANCE House No.373 Street BROADWATERS RD Hamlet CUTCHO�p�GZ"lP G BOARD OF APPEALS SCTM 1000 Section: 104 Block: 12 ,Lot(s) 6.3 Lot Size:40,098 SF Zone R-40 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 05.129.25 BASED ON SURVEY/SITE PLAN DATED 5.27.25 Owner(s): ANDREW BROOKS Mailing Address: PO BOX 1312 - CUTCHOGUE Telephone: 917.680.7891 Fax: Email: ANDYBROOKS280(@)OPTONLINE.NET NOTE:In addition to the allpyg,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: ZACKERY E. NICHOLSON, RA for 00 Owner( )Other: Address: PO BOX 88 - CUTCHOGUE, NY 11935 Telephone: 631.513.6589 Fax: Email: ZENICHOLSON.ARCHOGMAIL.COM Please check to specify who you wish correspondence to be mailed to,from the above names: UQ Applicant/Owner(s), ( )Authorized Representative, ( )Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 5.27.25 and DENIED AN APPLICATION DATED 05.29.25 FOR: 00 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: SECTION: 280 ATTACHMENT 3: BULK SCHEDULE Type of Appeal. An Appeal is made for: ()o A Variance to the Zoning Code or Zoning Map. ( )A Variance due to lack of access required by New York Town Law-Section 280-A. ( )Interpretation of the Town Code,Article Section ( )Request for Reversal or Overturn the Zoning Officer's Denial Other A prior appeal 00 has, ( )has not been made at any time with respect to this prop UNDER Appeal No(s). 2400 Year( ). 1978 2434 .1978 RECEIVED Page 2, Area Variance Application &NI f Revised 6/2023 , REASONS FOR APPEAL (Please be specific,additional sheets may be used with preparer's signature notarized): ZONING BOARD OF APPEALS 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted,because: The proposed addition will not produce an undesirable change to the character of the neighborhood nor create any detriment to nearby properties.The design is consistent with the existing architectural language and construction materials found throughout the area.The proposed rooflines,window proportions,and exterior finishes are typical of nearby homes and in harmony with the prevailing aesthetic. In fact,nearly all residences within a 500-foot radius incorporate similar additions or architectural elements.As such,the addition will blend seamlessly with the built environment and preserve the character of the neighborhood. 2. The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance,because: Due to the original siting of the house—positioned approximately one-third into the 50-foot front yard setback at the time the lot was subdivided—any work proposed on the north side of the home inherently requires relief from the front yard setback.This pre-existing condition Imposes a practical hardship on the property.The proposed addition is modest in scale and the encroachment into the setback is minimal,limited to only a portion of the addition.There is no feasible alternative location on the lot or logical location on the floorplan that would provide the functional benefit of a laundry/utility room without requiring a variance.Therefore,an area variance is the only viable method to achieve the intended improvement 3. The amount of relief requested is not substantial because: The amount of relief requested is not substantial,as approximately three-quarters of the proposed addition fully conforms to all applicable setback requirements.Only a minor portion of the addition extends into the front yard setback,and this encroachment is limited in both depth and width.Given the existing layout of the house,the northwest corner is the most logical and functional location for a modest laundry/utility space.The design has been carefully considered to minimize the footprint and reduce any impact on the site,ensuring that the addition remains as compliant as possible while still meeting the homeowner's essential needs. 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The proposed addition will not have any adverse effect on the physical or environmental conditions of the neighborhood.The construction is small in scale and will be integrated into the existing footprint of the developed area of the lot,avoiding any disturbance to natural features or drainage patterns.No trees will be removed,no grading beyond what is typical for residential construction is proposed,and there will be no impact to neighboring properties'light,air,or privacy.The addition will utilize existing utility connections and infrastructure, further minimizing environmental disruption. 5.Has the alleged difficulty been self created? { } Yes,or {X} No Why: The difficulty is not entirely self-created.While the applicant is proposing the addition,the need for a variance stems primarily from the original placement of the house—partially within the front yard setback—at the time of subdivision or prior development.This pre-existing condition limits any reasonable improvement or expansion to the north side of the house without triggering a variance.The applicant is simply seeking to make a modest and practical enhancement to the home,and has taken care to minimize the extent of the variance requested. • Are there any Covenants or Restrictions concerning this land? { }No 00 Yes(please furnish a copy) • This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety and welfare of the community. By signing this document,the PROPERTY OWNER understands that pursuant to Chapter 280- 146(B)of the Code of the Town of Southold,any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured,and/or a subdivision map has not been filed with the Suffolk County Clerk,within three(3)years from the date such variance was granted. The Board may,upon written request prior to the date of expiration,grant an extension not to exceed three(3)consecutive one(1)year terms. IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN. Signature of Applicant ak4NUthorized Agent (Agent must submit written Authorization from Owner) Sworn to before me this dq day CONNIE D. BUNCH _ Notary Public,State of New York of _j LAj� 20�� No.01 BU6185050 Qualified in Suffolk County c r ° Ir" Commission Expires April 14, 2 d1)4!� Notary Public Rt(;tivtu 00�j JUL 0 7 2025 Zoning Board of Appeals APPLICANT'S PROJECT DESCRIPTION ZONING BOARD OF APPEALS APPLICANT: Andrew Brooks SCTM No. 1000-104-12-6.3 1. For Demolition of Existing Building Areas Please describe areas being removed:The ma"ori of th_e existing strgccture will rem_ain. A_small c9oomay will be cut into theMath West orner of the hQuse W allg_w agce5a, or II.New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: 10'-2" x 9'-2" Dimensions of new second floor: N Dimensions of floor above second level: Height(from existing natural grade): Proposed Bidge = Exigting rid e = +-15'-6" Is basement or lowest floor area being constructed?If yes,please provide height(above ground)measured from natural existing grade to first floor: N/A M.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 Single Family residence. Single Sto . Unfinished Basement.Attic. Number of Floors and Changes WITH Alterations: Single Family residence, Single Story. Unfinished Basement. Attic. Proposed Mudroom/Laund room Addition on North West corner. IV.Calculations of building areas and lot coverage,sky plane(From Surveyor,Design Professional): Existing square footage of buildings on your property: 1,500 SF Proposed increase of building coverage:90 SF Square footage of your lot:40,098 SF Percentage of coverage of your lot by building area(lot coverage) 2,138 SE ° (Proposed) Gross Floor Area(GFA)of single family dwelling including the attached garage and/or habitable detached accessory structure: (Please refer to Chapter 280, Section 280-207 of the Town Code): 1,590 SF (Proposed) For Residential lots,is project within the allowable Sla Plane? (Please refer to Chapter 280, Section 280-208 of the Town Code): All of the proposed addition is within the allowable Sky Plane. 11 V.Purpose of New Construction:The a ose of the proposed construction is to create a small functional laundry and mudroom entrance to better support the daily needs of the household. The existing home lacks ade uate space for modern laundry equipment and storage, and this addition will provide a dedicated area without requiring interior reconfiguration or displacing other essential living spaces. The addition is modest in size and designed to improve the home's overall livability in a way that is practical, efficient, and in keeping with the character of the existing structure. VI.Please describe the land contours (flat,slope%,heavily wooded,marsh area,etc.)on your land and how it relates to the difficulty in meeting the code requirement(s): Describe on separate page if needed: The property is mostly fl t round he gLe_g gf Jhg house. The propegy sloges tt n-Jhg Eigst and South and down hill on the West side of the property. The site is wooded around the pedmeter. Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction,and photos of building area to be altered with yard view. Revised 6/2023 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION RECEIVED - A. Is the subject premises currently listed on the real estate market for sale? JUL 0 7 2025 Yes X No B. Are there any proposals to change or alter land contours? ZONING BOARD OF APPEALS X No Yes,please explain on separate 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 BOARD OF TRUSTEES for its determination of jurisdiction? N/A Please confirm status of your inquiry or application with the Board of Trustees: N/A If issued,please attach copies of your permit listing conditions of approval with a copy of the approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? 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? N/A If any of the aforementioned items exist on your property,please show them on a site plan. F. Are there any construction projects currently in process on your property? NO If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe scope of work: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If none exist,please apply to the Building Department to obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? NO If yes,please label the proximity of your lands on your survey and identify the Suffolk County Tax Map No. I. Please list present use or operations conducted at your property,and/or the proposed use J. (examples:existing singe family,proposed:same with garage,pool or other) 06.23.25 Authorized signature N Date FORM NO. 4 TOWN OF SOUTHOLD RECEIVED BUILDING DEPARTMENT 0-0 Office of the Building Inspector Town Hall JUL 0 7 202 Southold, N.Y. ZONING BOARD OF APPEALS PRE EXISTING CERTIFICATE OF OCCUPANCY No: Z- 32256 Date: 03/20 07 THIS CERTIFIES that the building DWELLING Location of Property 375 BROADWATERS RD CUTCHOGUE (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 104 Block 0012 Lot 006.001 Subdivision Filed Map No. Lot No. conforms substantially to the Requirements for a ONE FAMILY DWELLING built prior to APRIL 9, 1957 pursuant to which CERTIFICATE OF OCCUPANCY NUMBER Z- 32256 dated MARCH 2O,2007 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE 'FAMILY DWELLING WITH ACCESSORY COTTAGE* The certificate is issued to ANTHONY SAVASTANO (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL, N/A ELECTRICAL CERTIFICATE NO. ___N/A PLUMBERS CERTIFICATION DATED N/A__ *PLEASE SEE ATTACHED INSPECTION REPORT. r A horzed Signature Rev. 1/81 BUILDING DEPARTMENT TOWN OF SOUTHOLD HOUSING CODE INSPECTION REPORT RECEIVED LOCATION: 375 BROADWATERS RD CUTCHOGUE SUBDIVISION: MAP NO.: LOT (S) J U L 0 7 2025 NAME OF OVUM (S): ANTHONY SAVASTANO OCCUPANCY: SINGLE FAMILY DWELLING ANTHONY SAVASTANO ZONING BOARD OF APPEALS ADMITTED BY: JASON SCOTT ACCOMPANIED BY: KIRK SEUBERT XEY AVAILABLE: SUFF. CO. TAX MAP NO.: 104.-12-6.1 SOURCE OF REQUEST: ANTHONY SAVASTANO - 3 15 07 DATE: 03 20 07 DWELLING: TYPE OF CONSTRUCTION: WOOD FRAME # STORIES: 2.0 1F HXITS- 4 FOUNDATION: CEMENT BLOCK CELLAR: PART CUUPFL SPACE: PART TOTAL ROOMS: 1ST FLR.: 6 29D FLR.: 0 3RD FLR.: 0 BATHROOM(S): 1.0 TOILET ROOM(S): 0.0 UTILITY ROOM(S): PORCH TYPE: DECK TYPE: PATIO TYPE: 2-CONCRETE&SLATE&CONCRETE BRSEZEMAY: FIRBPLA[B: GARAGE. DOMESTIC HOTIWT®t: YES TYPE BEATER: OIL-H.WATER AIRCONDITION33'QG: TYPE HEAT: OIL HARM AIR: HOTRATER: YES i OTHER: *SEPARATE HOT WATER HEATER ACCESSORY STRUCTURES: GARAGE, TYPE OF CONST.: STORAGE, TYPE CONST.: SM31O IM POOL: GUEST, TYPE CONST.: WOOD FRAME ONE BEDROOM* OTBER: *COTTAGE ON SLAB-KITCHEN BATH LIVING ROOM FIREPLACE ROOFED OVER PORCH VIOLATIONS: CHAPTER 4S N.Y. STATE UNIFORM FIRE PREVENTION & BUILDING CODE LOCATION DESCRIPTION ART'. S'EC, N N r N Rr211PLS: INSPECTED BY: „ter 67 —^^ DATE ON INSPECTION.M �03 19 07 GEORGE GTT•*- TIM START: END: Town of Southold 2/22/2019 P.O.Box 1179 RECEIVED 53095 Main Rd (444w Southold,New York 11971 JUL 0 7 2025 -------------------- CERTIFICATE F CCUPANCV"l"c BOARD OF APPEALS No: 40222 Date: 2/22/2019 THIS CERTIFIES that the building ADDITION/ALTERATION Location of Property: 373 Broadwaters Rd, Cutchogue SCTM#: 473889 Sec/Block/Lot: 104.-12-6.3 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 5/22/2018 pursuant to which Building Permit No. 42746 dated 6/1/2018 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: alterations and additions including dggk for conversion of existing cottage to single family dwell� _WEiV W fqr er BA#644 dated 4/212015. The certificate is issued to Martz Jr,Theodore of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL R10-18-0045 5/18/2018 ELECTRICAL CERTIFICATE NO. 42746 2/7/2019 PLUMBERS CERTIFICATION DATED 2/14/2019 T re Ma Jr. ...... .. - Au rir ignature � lX& Town of Southold 10/26/2017 P.O.Box 1179 RECEIVED 53095 Main Rd Southold,New York 11971 JUL 0 7 2025 CERTIFICATE OF OCCUPAN6 P"'BOARD OF APPEALS No: 39317 Date: 10/26/2017 THIS CERTIFIES that the building ELECTRICAL Location of Property: 555 Broadwaters Rd, Cutchogue SCTM#: 473889 Sec/Block/Lot: 104.-12-6.1 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 7/9/2013 pursuant to which Building Permit No. 38163 dated 7/9/2013 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: 150 AMP UNDERGROUND ELECTRIC SERVICE The certificate is issued to Martz Jr,Theodore of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. 38163 10-17-2017 PLUMBERS CERTIFICATION DATED A `heed Signature TOWN OF SOUTHOLD BUILDING DEPARTMENT RECEIVED TOWN CLERK'S OFFICE Y�bq< SOUTHOLD, NY JUL 0 7 2025 10 BUILDING PERMIT ZONING BOARD OF APPEALS (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit#: 38163 Date: 7/9/2013 Permission is hereby granted to: Martz Jr, Theodore 145 Reyerson Ave Manorville, NY 11949 To: Change Electrical Service At premises located at: 555 Broadwaters Rd, Cutcho ue SCTM #473889 Sec/Block/Lot# 104.-12-6.1 Pursuant to application dated 7/9/2013 and approved by the Building Inspector. To expire on 1/8/2015. Fees: ELECTRIC $85.00 �...._....................___.....................�8 Total: 5.00 Building Inspector AID. 0 7 2025 D-D Ti 4 1 iC 11 ZONING E3OARD pF APPEALS DECLARATION made this�t day of JsIrE�,20.L7, by Theodore C. Marta, Ir.,presently residing 'hereinafter referred to asthe DECLARANT, WITNE89ETH: WHEREAS,the Declarant Is the owner of certain real property situate at 5-1375 Broadwaters Road,Town of Southold, County of Sufblk, State of New York,(Suffolk County Tax Map parcel number 1000-104-124-1), more particularly bounded and described In Schedule*X annexed hereto(hereinafter relbrred to as the Property);and WHEREAS,the Declarant has made an application to the Planning Board of the Town of Southold to subdivide said real property into 2 building lots as shown on the Subdtldsfon Map entitled"Flhat Plat Land Division of BroadWaters" prepared by Kenneth M.WoychujC Land Surveying PLLC,dated° N04� and last revised on Jun, hereinafter referred to as"the Filed Map";and WHEREAS,for and In consideration of the granting of said subdivision application shown an the Filed Map,and as a condition of granting sold approval, the Town of Southold Planning Board has required that this Declaration be rocorded in the Suffolk County Clerk`s Offlce;and WHEREAS,the purpose of these covenants Is to mitigate environmental and pubffc freafth,satiety and wefts Fmpeds from the subdhrision and further development of the subject property, and to further the goals of the Town's Comprehensive Plan-,and WHEREAS,the DECLARANT has considered the foregoing and has RECEIVED determined that the same will be for the best interests of the DECLARANT and JUL 0 7 2025 subsequent owners of said lots. NOW,THEREFORE,THIS DECLARATION WITNESSETH: ZONING BOARD OF APPEALS That the DECLARANT for the purpose of carrying out the intentions above expressed, does hereby make known,admit,publish,covenant and agree that the said premises herein described shall hereafter be subject to the covenants and restrictions as herein cited, which shall run with the land in perpetuity and shall be binding upon all purchasers and holders of said lots,their heirs, executors,legal representatives, distributees, successors and assigns, to wit: 1. There shall be no further subdivision resulting in additional building lots to any of the 2 lots as shown on the aforesaid Filed Map. No lot lines shall be changed unless authorized by the Town Planning Board. 2. The existing structure on Lot 2 shall not be occupied unless and until a Certificate of Occupancy is Issued for the existing structure to meet the minimum livable dwelling requirements of a one family dwelling unit as defined by Section 280-4 Definitions of the Southold Town Code effective upon filing of the subdivision map with the Suffolk County Clerk.A Certificate of Occupancy for the upgraded residence must be procured prior to the expiration of the variance granted by the Zoning Board of Appeals decision#6844, and shaft include all extensions approved by the town of Southold Zoning Board of Appeals. 2 AECeWED 3. As shown on the Filed Map, Lots 1 and 2 share a Common drlvONI APPEALS Lot 1, more particularly bounded and described In Schedule 8,which will be subject to the following restrictions: a. The common driveway shall be the only access point for Lots 1 and 2 to and from Broadwaters Road.No additional driveways or curb cuts are permitted. b. A separate Common Driveway Easement has been repaired to be filed In the Office of the Suffolk County Clerk granting access for Lot 2 over Lot 1 to and over the common driveway, and maintenance requirements are more specifically stated in the easement. 4. Driveways serving the lots on the Filed Map shall be constructed of pervious maferfafs and m ,remafn,parvfous, exce ipr the areas shown on the Filed Map as existing asphalt. 5. There is a vegetated non-disturbance buffer required to be 20 feet wide along the entire western property line of Lots 1 and 2, as shown on the Filed Map.There Is also a vegetated non-disturbanoe buffer required to be 30 feet wide along the entire southern property line of Lot 2, and continuing along the eastern property line of Lot 2 at 20 feet wide for 170 feet.All clearing,grading and ground disturbance within this buffer are - pmhibfEed,exoaptlbrthe removafoffivasive, non-natlbe vegetation,or the planting of additional native plant species. No stnuctures except a fence are permitted in the buffer. Fence Installation must avoid and 3 Preserve trees of 6"dbh or greater. Prior to fence installation or removal of invasive or non-native vegetation,a removal and re-vegetation plan must be submitted to the Town Planning Board for review and approval.Any RECEIVED approved clearing Is subject to all approvals and permits necessary for clearing near surface waters and other protected natural features. JUL 0 7 2025 6. All stormwater management and drainage controls as approved on the ZONING BOARD OF APPEALS Filed Map shall be maintained by the Lot owners in perpetuity. 7. All stormwater run-off resulting from the development of any or all of the lots on the Filed Map shall be retained on site and shall be the responsibility of each lot owner. 8. Utilities, including but not limited to electric,gas,telephone and television, must be located underground, except for existing electric,telephone and cable services for Lot 1. 9. Landscaping and fertilizer restrictions: a. The use of synthetic fertilizers, herbicides or pesticides on Lots t and 2 is prohibited; b. The use of native, drought4olerant plants that are on the list approved by the Planning Department are required in landscaping sold lots. c. The use of fertilizer products containing nitrogen, phosphorus or potassium Is prohibited between November 1 and April 1. 4 RECEIVED JUL Ol 2025 d. Only organic fertilizers where the water soluble nitrogen is BONING BOARD OF APPEALS more than 20%of the total nitrogen in the mixture may be utilized on the lots. e. A maximum of 1 pound of nitrogen per 1000 square feet in any one application,with a cumulative application of no more than 2 pounds per 1,000 square feet per year Is permitted. f. The use of lawn fertilizer containing phosphorous is prohibited unless establishing a new lawn or a soil test shows that the lawn does not have enough phosphorus. g. The application of lawn fertilizer on impervious surfaces is prohibited. Any fertilizer that is applied or spilled on impervious surfaces shaft be immediately picked up. 10.Underground storage tanks are prohibited, except those with spill, overfill and corrosion protection requirements in place. Exceptions include storage tanks for liquefied petroleum gas that have all required protections in place, and cisterns for the capture of rainwater. 11.Each of the lots shown on the Filed Map is subject to clearing restrictions as follows: Lot 1. 50%and Lot 2. 50%, pursuant to Southold Town Code §240-49 Clearing. 12.Five existing frees in the front yard of Lot 1,as depicted on the Filed Map, must be maintained and cannot be removed.These trees are required to remain to meet the street tree requirement as set forth in the Southold 5 Town Code.Trees that die or are removed must be replaced with a similar RECEIVED species or as approved by the Town Planning Board, JUL 01 2025 The within Covenants and Restrictions shall run with the land and shall be ZONING BOARD OF APPEP'Ls binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled,waived, changed, modified,terminated, revoked,or amended by subsequent owners of the premises unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successor,following a public hearing. If any section,subsection,paragraph,clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction,be adjudged illegal, unlawful,invalid or held to be unconstitutional,the same shall not affect the validity of these covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid,or unconstitutional. The aforementioned covenants and restrictions are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or at law. If a Court of competent jurisdiction determines that a violation of these covenants and restrictions has occurred,the Declarant shall pay, either directly or by reimbursement to the Town all reasonable attorney's fees, court costs and other expenses Incurred by the Town in connection with any proceedings to enforce 6 Schedule A. Leal Description of the Property Schedule B.Legal Description of the Common Driveway Area(not currently shown on the neap—will need to be added to the Final flat) Exhibit A. Filed Map RECEIVED JUL 0 7 2025 ZONING BOARD OF APPEALS 9 TOWN OF SOUTHOLD, NEW YORK DATE March 23, 1978 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2400 Dated February 24, 1978 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Victor Teich c/o Burt G. Lewis Appellant Main Road Cutchogue, NY at a meeting of the Zoning Board of Appeals on March 23, 1978 the appeal was considered and the action indicated below was taken on your (X ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X Request for a variance to the Zoning Ordinance 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 c® confirmed because 9:00 P.M. (E.S.T.) upon application of Victor Teich c/o Burt G. Lewis, Main Road, Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Article III, Section RECENED 100-31 and Bulk Schedule, and the Town Law, Section 280A for permission to change lot lines and approval of access. Location of property: South side Broadwaters Road, Cutchogue, New York; Lots #189 and 190, Amended Map "A" of Nassau Point Properties, JUL 0 7 2025 Filed Map #156. ZONING BOARD OF APPEALS -• 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, A was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector( ) be confirmed ( ) be reversed.---APPROVED PROVED SEE REVERSE ZONING BOARD OF APP Wlr (WWO FORM ZB4 After investigation and inspection, the Board finds that the applicant requests permission to change lot lines and approval of access, south side Broadwaters Road, Cutchogue, New York. The findings of the Board are that the Board is in agreement with the reasoning of the applicant. The houses were originally sited on property lines and granting this application will in no way change the existing situation. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; 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, Victor Teich c/o Burt G. Lewis, Main Road, Cutchogue, New York, be GRANTED permission to change lot lines and approval of access, south side Broadwaters Road, Cutchogue, New York, Lots #189 and 190, Amended Map "A" of Nassau Point Properties, Filed Map #156, as applied for. RECEIVED Vote of the Board: Ayes: - Messrs: Gillispie, Grigonis, Doyen, Maimone. J U L 0 7 2025 ZONING BOARD OF APPEALS RE-C"EIVED Nil) FIL-ED BY Tf:L SOU`T 30LD it 1--i- CI.ri iC i �-/-7 10 xoux 11:s.�A.�1 Q ar , Town of Southold TOWN OF SOUTHOLD, NEW YORK DATE Julx .19, 1978 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2434 Dated June 9, 1978 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Bradford B. Green Appellant 101 Bard Avenue Staten Island, New York 10310 at a meeting of the Zoning Board of Appeals on July fi, 1978 the appeal was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance 1.. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) he denied pursuant to Article .................... Section .................... Subsection .................... paragraph of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 9.15 y.M. (D.S.T.) upon application of Bradford B. Greene, 101 Bard Avenue, Staten Island, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk and Parking Schedule for permission to divide property with insufficient area. Location of property: Lots No. 189 and 190, Nassau Point, Cutchogue, New York. RECEIVED JUL 0 7 2025 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 ZONING BOARD OF APPEALS 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 APPROVED ZONING BOARD OF APPEALS FORM ZB4 After investigation and inspection the Board finds that the applicant requests permission to set off a lot with an existing building, on Broadwaters Road, Cutchogue, New York. The findings of the Board are that the lot to be created would be undersized in a recommended low density area. Two water studies, a general study by Malcolm Pirnie of of the Town of Southold, in June, 1967, and the Suffolk County Board of Health 1971 survey of Nassau Point in particular, updated to 1975, emphasize the finite nature of the available water supply which is re- plenished solely by rainfall. In 1975, 80 percent of the wells showed evidence of salt water intrusion according to the Board of Health letter of March 4, 1977, which indicates that there is no change in the 1975 test results. The creation of such a lot would set a precedent for the division of many lots which are somewhat over 40,000 square feet in Nassau Point but not large enough for two lots. Many single and separate un- developed lots on Nassau Point, some undersized- remain to be developed and should have prior rights to the available water. The Board finds that strict application of the Ordinance would not produce practical difficulties or unnecessary hardship; the hardship created is not unique and would be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will change the character of the neighborhood, and will not observe the spirit of the Ordinance. On motion of Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that Bradford B. Green, 101 Bard Avenue, Staten Island, New York, be DENIED permission to divide property with insufficient area. Location of property: Lots No. 189 and 190, Nassau Point, RECEIVED Cutchogue, New York. Vote of the Board: Ayes: Messrs: Gillispie, Bergen, and Doyen. JUL07 2025 * * * * * * * * * * * ZONING BOARD OF APPEALS RECEIVED AND FILED BY Tid,: SOU` HOLD TOViNT CLE:".K DATE �s.✓�!� HOUR// O.1'/�/�! Town Clerk, Town of Southold BOARD MEMBERS o, r Southold Town Hall Leslie Kanes Weisman,Chairperson ► '` 53095 Main Road•P.O. Box 1179 Southold,NY 1 1 97 1-0959 James Dinizio it41 Office Location: Gerard P. Goehringer " - Town Annex/First Floor,Capital One Bank George Horning 1�b 54375 Main Road(at Youngs Avenue) Ken Schneider ° Southold, IVY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS R CEIVEI RECEIVED TOWN OF SOUTHOLD C4- Tel.(631)765-1809•Fax(631)765-9064 ZONING BOARD OF APPEALS FINDINGS,DELIBERATIONS AND DETERMINAINt Tern Clerk MEETING OF DECEMBER 2,2010 ZBA FILE: 6344 NAME OF APPLICANT: Theodore C.Martz,Jr. PROPERTY LOCATION: 555 Broadwaters Rd., Cutchogue,NY SCTM## 1000-104-12-6.1 SI QRA 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,-COE: This application was referred as required under the Suffolk County Administrative Cade 'Sections A 14-14 to 23, and the Suffolk County Department of'Planning issued its reply dated November 13, 2009 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: This application is not subject to review under Chapter 268 because the variance relief requested does not involve features that relate to a regulated natural feature or a bulkhead or other shoreline. S�TI-IIOLD TOWN PLANNING BOARD: This application was referred to the Planning Board for comments,on November 23, 2009 the Planning Board issued a Memo stating that the proposed action is inconsistent with the Town's Comprehensive Plan,and cannot support the granting of the lot area variances. PR PEII~T'Y FACTS/DESCRIPTION: Subject parcel is improved with two one family dwellings it consists of 71,03 .19 sq. 11, It has 205.52 feet of frontage on Broadwaters Road, 341.41 feet on the east property line,200 feet on the south property line and 362 feet on the west property line as shown on the survey prepared April 30, 2007 by Kenneth M. Woychuk,LS. BASLS OF APPL C " ION: Requests for Variances under Code Sections 280-18 and 280-10, based on the Building Inspector's August 19, 2009 Revised November 18, 2009 Notice of Disapproval and an application for a building permit for a subdivision and construction, disapproved for the following reasons: (1) lots merged under Section 280-10; when held in common ownership with the first lot at any time after July 1, 1983...and according to Town Code, the existing lots are merged, (2) proposed Parcel 1 will contain more than one dwelling, (3) subdivision will result in two lots having less than 40,000 square feet for each Parcel 1 &2. RELIEF REQUESTED: The applicant proposes to subdivide the 1.63 acre subject parcel into two separate parcels. The applicant proposes the subject parcel be subdivided as per the original subdivision lots 189 and 190 configuration,effectively requesting a de-merger of lots 189 and 190 or another configuration that would be �. RECEIVE& Page 2—December 2,2010 J U L 0 7 2025 ZBA File#6344—Martz,Jr. CTM: 1000-104-12-6„1 J ZONING BOgRD OF APPEALS acceptable to the Board. The proposed two lots will each require a lot area variance due to their proposed lot areas being less than the required 40,000 square feet per lot. The applicant is no longer requesting a variance for the proposed Parcel 1 to contain more than one dwelling,as indicted in reason(2)under"Basis of Application"above. AMEN'DE12 P ICATI N: During the hearing,the applicant was asked to bring the plan into more conformity with the code. The applicant on September 21, 2010 submitted a plan noting a subdivision line running west/east through the subject parcel. It shows one dwelling on each lot and the rear lot with conforming area. This configuration is the original proposal granted by the ZBA in 1978. ADDITIONAL INFORMATION: The subject parcel was originally created and existed as two lots, lots 189 and 190 of the "Amended Map A of Nassau Point", filed on June 28, 1922 as Map 156 in the Suffolk County Clerk's Office. The lots 189 and 190 where also respectively described as SCTM #'s 1000-104-12-05 and 06. Prior to zoning, there were two dwellings erected on these adjoining lots. These dwellings have pre-existing Certificates of Occupancy and they exist today. One of the two dwellings was mistakenly situated straddling the north-south division line between Lots 189 and 190, and the second dwelling/cottage is situated entirely on Lot 189. An Appeal,#2400 in 1978, was granted for a variance to allow a lot-line reconfiguration that would subdivide the lots with an east-west division line.This would reconfigure the two lots with one pre-existing dwelling on each lot and bring them into conformance with the Code. This reconfiguration will create a land locked "rear" lot requiring a right-of--way over the front lot to Broadwaters Road. The owner who applied for the variance that was granted in Appeal #2400, did not enact the lot line reconfiguration. The lots were later conveyed to another party who, in 2006, requested that the lots 189 and 190 be recognized as one lot for tax purposes.Pursuant to Town Code Article I1, Section 280-10 the lots 189 and 190 have merged. Presently there exists two pre-existing non-conforming dwellings on the subject parcel. The Suffolk County Department of Health Services, recognizing the original lots 189 and 190 configuration, has granted approvals for the construction of a new dwelling on each of the two lots with the condition that "All structures are to be demolished" as noted on the separate surveys of Lot 190 and Lot 189, both dated April 30, 2007 and revised on April 28,2008 for Sanitary, prepared by Kenneth M. Woychuk L.S. and copies submitted in the application memorandum as Exhibit"U. The Planning Board, in a letter dated November 23, 2009, recommends a denial of the application based upon the potential adverse impacts of increased density and additional septic load. However, the Board finds that no such increase will take place since there currently exists two dwellings on the subject property and, in granting the lot line change requested, there will still be only two dwellings, one on each of the two proposed lots, each with upgraded septic systems. There were letters submitted to the Board from neighbors and the Nassau Point Property Owners Assoc. requesting the Board deny the application due to noncompliance with the code and the concern that trees would be removed while improvements were made to the parcel as a result of the proposed subdivision. The noncompliance to the Code of the proposed subdivision is the subject of this appeal and the applicant/owner of the subject parcel may,by right if he desires, remove any and all trees from his property or conversely plant more trees. The objecting neighbors own parcels which are also nonconforming, with respect to Lot Area, and are in the same configuration as the lots proposed by the applicant,and some are smaller in area than what the applicant proposes. FINDINGS OF FACT/ NS 'Old B ARD ACT10N: The Zoning Board of Appeals held a public hearing on this application on January 21,2010,April 22,2010,July 29, 2010 and September 23,2010,at which time written and oral evidence were presented. Based upon all testimony,documentation, personal inspection of the property,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 267-b b 1L . Granting of the requested variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties.The proposed subdivision would re-establish the original lot lines and create two lots that would conform to what is prevalent in size and dimensions to the Page 3—December 2.20 10 ZBA File#6344—Martz.Jr. CTM: 1000-104-12-6.1 majority of lots in this neighborhood. There has been no evidence presented that would indicate that the proposed subdivision would present a detriment to nearby properties. 2. Town Law 267-b 3 b' 2' .The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than area variances. The subject parcel consists of 71,039.19 square feet and therefore does not have sufficient lot area to meet the 40,000 sf/lot requirement in order to subdivide the parcel into two conforming lots. 3. Town Law 267-b 3 b" 3 . The variances granted herein are not substantial. Mathematically, the request to create two lots of 36,558.19 and 34,480 square feet each, where 40,000 square feet is required, translates to only a 9%and 14% variance respectively. The applicant submitted a study of the parcels in the area with respect to their lot area size. The study showed that a majority of the parcels are nonconforming, and that the average size lot of the 135 lots studied is .73 acres (31,800 sf), thus translating to an average nonconformity of 20%. (Stated conversely, the average parcel studied is only 80% the size of a conforming parcel). The applicant's proposed variances of 9%and 14%are well below the average nonconformity of 20%. 4. Town Law 267-b 3' 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 property currently contains two single family dwellings each with its own septic system, and the same will be true in granting the proposed subdivision. All drainage will be controlled on site as per code and the sanitary will be upgraded 5. Town Law "267-b 3 b 5 » The difficulty has been self-created. The subject parcel was acquired by the applicant after the lot area requirements were established, consequently requiring the applicant to seek lot area variances for the proposed two lot subdivision. 6. Town Law 2�b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of the subdivision of the subject parcel into two lots while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUT10 �"N O THE BOARD—: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Schneider, seconded by Member Goehringer, and duly carried, to GRANT, the variance as applied for, and shown on the survey of Lots 189& 190 inclusive and entitled"Proposed Land Division" dated April 30,2007, Scale: 1"=30', Surveyor file#27-36SP(no revision dated indicted),prepared by Kenneth M. Woychuk,L.S. and the individual survey of Lot 189 dated revised Sanitary 4-28-08 and individual survey of Lot 190 dated revised Sanitary 4-28-08 both prepared by Kenneth M. Woychuk, L.S. Conditions: 1,All existing structures are to be demolished and removed. That the above conditions be written into the Building Inspector's Certificate of Occupancy,when issued. Any deviation from the survey,site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit,and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps,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. RECEIVED r JUL 0 7 2025 ZONING BOARD OF APPEALS Page 4—December 2,2010 ZBA Filefl6344—Martz,Jr. CTM: 1000-104-12-6.1 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 nonconfonnity. Vote of the Board: Ayes:MembersWeisman(Chairperson), Goehringer, Dinizio, Horning, Schneider.. This R, w ltati'on was duly adopted(5-0). Leslie Kanes Approved for fil ng Weisman,Chairperson d�latrparrsort ��C 7/2010 RECEIVED JUL 0 7 2025 ZONING BOARD OF APPEALS BOARD MEMBERS *rjt SID Southold Town Hall Leslie Kanes Weisman,Chairperson ' 53095 Main Road•P.O.Box 1179 ' Southold,NY 11971-0959 Patricia Acampora rrt Office Location: Eric Dantes Town Annex/First Floor,Capital One Bank Gerard P.Goehringer 54375 Main Road(at Youngs Avenue) Nicholas Planamento COU Southold,NY 11971 A'S http://southoldtownny.gov RECEIVED ZONING BOARD OF APPEALS TOWN OF SOUTHOLD ' D JUL 0 7 2025 Tel.(631)765-1809•Fax(631)765-9064 I J;23 2018 EXTENSION DETERMINATION ZONING BOARD OF APPEALS Meeting of January 18,2018 441moom"N" ZBA FILE#6844 NAME OF APPLICANT:Theodore C. Martz,Jr. PROPERTY LOCATION: 555 Broadwaters Road, Cutchogue,NY SCTM 1000-104-12-6.3 (Formerly known at 1000-104-12-6.1 BASIS OF APPLICATION: Request for Variances under Code Section 280-18 and the Building Inspector's December 1,2014,Amended January 28,2015 Notice of Disapproval for a building permit for a subdivision and additions and alterations to create a single family dwelling,at Pro e+ _Lot l - 1)less than the code required minimum lot size of 40,000 sq. ft.,2) less than the code required minimum lot depth of 175'feet, Proposed Lot 2— 1)less than the code required minimum front yard setback of 50 feet. RELIEF RIB VESTED: The applicant requests variances for a proposed two lot subdivision with proposed lot#1 consisting of 30,940 sq. ft, lot size where 40,000 sq. ft. is required by code, and a proposed lot depth of 161 feet where 1.75 feet is required, and proposed lot #2 with a front yard setback of 35.6 feet where a 50 foot setback is required by code. DATE OF PUBLIC ARIA` March 19,2015 This appeal was originally granted as applied for with conditions on April 2, 2015. Theodore C. Martz Jr., did request an extension of area variances,by letter dated December 18, 2017,for one year. RESOLUTION OF TI1F; BOARD: A motion was offered by Member Dantes (Vice Chair) seconded by Member Acampora,and duly carried,to GRANT,the applicant's request that the above cited determination be extended for one year,to April 2,2019, as per Chapter 280-146 of the Code of the Town of Southold. Vote of the Board: Ayes:Members Dantes(Vice Chair),Planamento,and Acampora.(Chairperson Weisman and Member Goehfin er were absent) This Resolution was duly adopted(3-0). Eric L.Dantes,Vice Chair Approved for filing / / 2�q2018 'BOARD MEMBERS Sig Southold Town Hall . Leslie Kanes Weisman,Chairperson . , ' " —53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora' Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. Y� 54375 Main Road(at Youngs Avenue) Nicholas Planamento 1 , Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD ` Tel.(631)765-1809•Fax(631)765-9064 'l RECEIVED EXTENSION DETERMINATION J U L 0 T 2025 Second\Extension Meeting of February 7,2019 ZONING BOARD OF APPEALS ZBA FILE#6844 NAME OF APPLICANT:Theodore C. Martz,Jr. PROPERTY LOCATION: 555 Broadwaters Road, Cutchogue,NY SCTM 1000-104-12-6.3 (Formerly known at 1000-104-12-6.1 BASIS OF APPLICATION:Request for Variances under Code Section 280-18 and the Building Inspector's December 1,2014,Amended January'28,20 15 Notice of"Disapproval fora building permit.for a subdivision and additions and alterations to create a single family dwelling,at:Pro used Lot I -1)less than the code required minimum lot sire of 40,000 sq. ft.,2)less than the code required minimum lot depth of 175 feet„ Proposed Lot 2—1)less than the code required minimum front yard setback of 50 feet. RELIEF RE TTESTED: The applicant requests variances for a proposed two lot subdivision with proposed lot #1 consisting of 30,940 sq..ft. lot size where 40,000 sq. ft. is required by code, and a proposed lot depth of 161 feet where 175 feet is required, and proposed lot#2 with a front yard setback of 3 .6 feet where a 50 foot setback is re-quired by code. 1 AT1 OF PIJBLIC IIEARINQ: March 19,2015 This appeal was originally granted as applied for with conditions on April 2,20�15. Theodore C.Martz Jr.,received a one year extension on January 18, 2018 to expire on_ural 2, 2019. By letter dated January 8,2019, Mr. Martz q y p p cy. requested a second one year extension of area variances to allow lttm time to procure a certificate of vccu art RESOLIITION OF THE BOARD: A motion was offered by Member Weisman seconded by Member LehneM and duly carried,to GRANT,the applicant's request that the above cited determination be extended for eight(8)months to December 2,2019, as per Chapter 2.80-146 of the Code of the Town of Southold. Vote of the Board: Ayes:Members Weisman(Chairperson),Dantes,Planamento and Lehnert. This Resolution was dul ed(4-0 .(Mem Acampora was absent) Leslie Kanes Weisman,Chairperson Approved for filing / 9 /2019 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson SO&''% 53095 Main Road•P.O.Box 1179 * Southold,NY 11971-0959 Eric Dantes ,tlt Office Location: Gerard P.Goehringer CO*- Town Annex/First Floor,Capital One Bank George Homing 54375 Main Road(at Youngs Avenue) Kenneth Schneider Coto, Southold,NY 11971 http://southoldtown.nonhfork.net q1VRECEIVED ZONING BOARD OF APPEALS .1. ./ o TOWN OF SOUTHOLD A _ 2 5 JUL 0 7 2025 Tel.(631)765-1809•Fax( 31)765-9064 DELIBERATIONS DETERMINATION uthold,Town Clerk ZONING BOARD OF APPEAL MEETING OF APRIL 2,2015 ZBA FILE#6844 NAME OF APPLICANT: Theodore C. Martz,Jr. PROPERTY LOCATION: 555 Broadwaters Road,Cutchogue,NY SCTM 1000-104-12-6.1 SE RA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. S1,JFFOLK COLINTY ADMINISTRATM CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated Feb. 6, 2015 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: 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 applicant's property is a+/-71,038 sq. ft. parcel in the R-40 zone. The northerly lot line measures+/-205. 2 feet along Broad+wvaters Road. The easterly lot line measures+/-341.41 feet, the southerly lot line measures 200 feet, and the westerly lot line measures+/-362 feet. The property is improved with two (2) single family dwellings, as shown on the survey drawn by Kenneth M. Woychuk, dated April 30, 2007,with the latest revision dated Nov. 6, 2014 to show the proposed lot line division and building setbacks. BASIS OF APPLICATION: Request for Variances under Code Section 280-18 and the Building Inspector's December 1,2014,Amended January 28, 2015 Notice of Disapproval for a building permit for a subdivision and additions and alterations to create a single family dwelling,at: Prpnosed Lot 'I - 1),less than the code required minimum lot size of 40,000 sq. 1t.,2)less than the code required minimum lot depth of 175 feet, Proposed.Lot 2— 1) less than the code required minimum front yard setback of 50 feet. RELIEF ICE UES D: The applicant requests variances for a proposed two lot subdivision with proposed lot#1 consisting of 30,940 sq. ft. lot size where 40,000 sq. ft. is required by code, and a proposed lot depth of 161 feet where 175 feet is required„ and proposed lot #2 with a front yard setback of 35.6 feet where a 50 foot setback is required by code. ADDITIONAL INFORMATION: The subject parcel was originally created and existed as two lots, lots 189 and 190 of the"Amended Map A of Nassau Point", filed on June 28, 1922 as Map 156 in the Suffolk County Clerk's Office. The lots 189 and 190 were also respectively described as SCTM #'s 1000-104-12-05 and 06. Prior to zoning,there were two dwellings erected on these adjoining lots. These dwellings have pre-existing Certificates of Occupancy and they exist today. One of the two dwellings was mistakenly situated straddling the north-south division line between Lots 189 and 190, and the second non-conforming dwelling/cottage is situated entirely on Lot 189. An Appeal, #2400 in 1978, was granted for a variance to allow a lot-line reconfiguration that would RECEIVED Page 2 of 3—April 2,2015 "JUL 07 2025 4, ZBA#6844—Martz SCTM#1000-104-12-6.1 ZONING BOARD OF APPEALS subdivide the lots with an east-west division line. This would reconfigure the two lots with one pre-existing dwelling on each lot and bring them into more conformance with the Code. The owner who applied for the variance that was granted in Appeal #2400, did not enact the lot line reconfiguration. The lots were later conveyed to another party who, in 2006, requested that the lots 189 and 190 be recognized as one lot for tax purposes. Pursuant to Town Code Article II, Section 280-10 the lots 189 and 190 have merged. Presently there exists two pre-existing non-conforming dwellings on the subject parcel. The Southold Town Planning Board submitted a memorandum dated Feb. 17, 2015 in which that Board stated that they do not support the variance for the creation of proposed Lot#1 with a non-conforming lot size. The Planning Board also had not supported a variance in ZBA appeal#6344,dated Dec. 2, 2010, in which the applicant was granted a variance for the creation of two non-conforming,size parcels with the lot lines that were proposed by the applicant at that time. The #6344 variances were granted, for two non-conforming size lots, and that decision also required, as a condition, that the insufficient size cottage, and the single family dwelling that would then straddle the proposed newly created lot lines, must both be demolished in order to be replaced by two conforming structures that could be built on the lots. However, the applicant did not proceed to develop a site plan in accordance with the variances granted in 2010 or seek approval from the Planning Board for a subdivision as required by Code. The file also contains letters from adjacent neighbors and the Nassau Point Property Owners Association stating opposition to the proposed application and the site plan. FINDINGS OF FACT/REASONS FOR 130ARD ACTION:, The Zoning Board of Appeals held a public hearing on this application on March 19,2015,at which time written and oral evidence were presented. Based upon all testimony,documentation,personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 267-bQJ(b)(D._ Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. There is one pre--existing single-family dwelling and one pre-existing cottage already on this property, and the lot division variances will not increase the density of dwellings in the neighborhood, but will create two lots with one conforming size dwelling on each lot as conditioned herein. Proposed lot #1 will have a non-conforming lot size and depth similar to numerous non- conforming lots in the neighborhood. Proposed Lot#2 will have a conforming size, conforming width and depth, and a non-conforming front yard setback as measured from the rear yard lot line of lot#1. 2. Town Law §267-h(nJh1L2J. The benefit sought by the applicant or cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The total area of the property is 71,038 sq. ft. and it cannot be divided in a way that would create two conforring size parcels, Therefore variances are required for proposed lot #1 for lot size and lot depth. The dwellings on each of the proposed lots are pre-existing, and the dwelling on lot #2 cannot feasibly be moved to a location with a conforming front yard setback. Therefore a variance is required for the front yard setback of 35.6 feet as measured from the rear yard of lot#1. 3. Town Lave 11 67-b(3)(b)Q), The variance granted herein for a lot size of 30,940 sq. ft for proposed lot#1 is mathematically substantial, representing +/-23% relief from the code. However, there are numerous lots in the neighborhood that have non-conforming lot sizes of less than the required 40,000 sq ft. The variance granted herein for a non-conforming lot depth of 161 feet for proposed lot#1 is not substantial,representing 8%relief from the code. The variance granted herein for a 35.6 feet front yard setback for proposed lot #2 is substantial, representing 29% relief from code. However, this setback is measured to the rear yard property line of proposed lot #'1, and is not measured from any public road. The existing dwelling on lot #1 is located 50 feet from the common lot line adjacent to lot #2. The dwelling on proposed lot #1 has conforming front, rear, and side yard setbacks. 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 property currently contains one pre-existing single-family dwelling and one pre-existing cottage.The two proposed Page 3 of 3—April 2,2015 ZBA46844—Martz SCTM#1000-104-12-6.1 lots will each contain one conforming size dwelling, and there is a new County certified septic system and public water available on each lot. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law 67-b 3 b . 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 2+67-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a newly created lot with a non-conforming lot size and depth, and second newly created lot with a pre-existing confirming sized dwelling with a non-confomrmning front yard setback, while preserving and protecting the character of the neighborhood and the health,safety and,welfare of the community. RESOLUTION OF 'THE ARIA: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Horning, seconded by Member Schneider, and duly carried,to GRANT, the variances as applied for, and shown on the survey drawn by Kenneth M. Woychuk, dated April 30, 2007, with the latest revision dated Nov. 6, 2014 to show the proposed lot line division and building setbacks. Subject to the following conditions; CONDITIONS: 1. The applicant shall provide a 20 foot natural and undisturbed buffer of 1.70 feet on the east and west property lines and a 30 foot natural and undisturbed buffer along the entire southern property line which will remain in perpetuity. 2. The applicant shall bring the cottage on proposed lot#2 into conformance with the Town Code definition of a dwelling consisting of a minimum of 850 square feet of living area. 3. The applicant shall secure subdivision approval from the Town planning Board. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey,site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured,and/or a subdivision map has not been filed with the Suffolk County Clerk,within three(3)years from the date such variance was granted. The Board of Appeals may,upon written request prior to the date of expiration, grant an extension not to exceed three(3)consecutive one(1)year terms. Vote of the oard: Ayes:Members Weisman(Chairperson),Schneider,Horning,Dante,Goehringer.This Resolution was du ado ed -0). r CENE13 Leslie Kanes cisman, Chairperson Approved for filing tf / /2015 �+ 'JUL 0 7 2025 ZONING BOARD OF APPEALS RECEIVED AGRICULTURAL DATA STATEMENT JUL 0 7 2025 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD ZONING BOARD OF APPEALS WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit,site plan approval, use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: ZACKERY E. NI HOLSON RA 2. Address of Applicant:PO BOX 88 - CUTCHOGUE NY 11935 3. Name of Land Owner(if other than Applicant): ANDREW BROOKS 4. Address of Land Owner:373 BROADWATERS ROAD - CUTCHOGUE 5. Description of Proposed Project: 6. Location of Property: (Road and Tax map Number) 373 BROADWATERS ROAD- CUTCHOGUE NY 11935 SCTM# 1000-106-5-12 7. Is the parcel within 500 feet of a farm operation? { } Yes 00 No 8. Is this parcel actively farmed? { } Yes 00 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. N/A 2. 3. 4. 5. 6. (Please use the back of this page if there are additional property owners) N Z-7 .......................- 06 / 22 / 25 Signature of Applicant Date Note: 1.The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. 617.20 Appendix B RECEIVED Short Environmental Assessment Form Instructions for ComRlefing JUL Ol 2025 Part 1-Project Information. The applicant or project sponsor is responsible for the com "Qfta m M*APPEALS 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: PROPOSED ADDITIONS AND RENOVATIONS TO AN EXISTING SINGLE FAMILY DWELLING Project Location(describe,and attach a location map): 373 BROADWATERS ROAD - CUTCHOGUE, NY 11935 SCTM# 1000-104-12-6.3 Brief Description of Proposed Action: MUDROOM/LAUNDRY ROOM ADDITION WITH A SIDE ENTRANCE ON THE NORTH SIDE OF THE ADDITION. 90 SF OF NEW LIVING SPACE. 4' PROJECTION INTO FRONT YARD SETBACK. Name of Applicant or Sponsor: Telephone: 631.513.6589 ZACKERY E. NICHOLSON, RA E-Mail: ZENICHOLSON.ARCH@GMAIL.COM Address: PO BOX 88 NEW YORK City/PO: State Zip Code: CUTCHOGUE NEW YORK 11935 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO I 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 3.a.Total acreage of the site of the proposed action? 92 acres b.Total acreage to be physically disturbed? .002 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? .92 acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial (Residential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑ Other(specify): ❑Parkland Page 1 of 4 RECEIVED 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? X b.Consistent with the adopted comprehensive plan? ZONING BOARD OF APPEALS X 6. Is the proposed action consistent with the predominant character of the existing built 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: EXISTING HOUSE IS CONNECTED TO X A WELL 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 ]Q Forest ❑Agricultural/grasslands ❑Early mid-successional ❑ Wetland ❑Urban ❑ Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? 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: ❑NO ❑YES Page 2 of 4 18.Does the proposed action include construction or other activities that rafi(Mmmpoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,darn)? If Yes,explain purpose and size: 1111 JVL GV1 7 2025 X 19.Has the site of the proposed action or an adjoining property MWARMAUE NERMlosed 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 TIFIAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name:%, ZACKERY E. NICHOLSONRA Date: 06.22.2025 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 I 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? X 2. Will the proposed action result in a change in the use or intensity of use of land? X 3. Will the proposed action impair the character or quality of the existing community? X 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? X 5. Will the proposed action result in an adverse change in the existing level of traffic or X 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 X reasonably available eneM conservation or renewable enM opportunities? 7. Will the proposed action impact existing: X a.public/private water supplies? b.public/private wastewater treatment utilities? X 8. Will the proposed action impair the character or quality of important historic,archaeological, X 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)? X 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? X 11. Will the proposed action create a hazard to environmental resources or human health? X 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 S J�� a r � ZONING BOARD OF APPF 13 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. 11 Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 Board of Zoning AgReals ApRfication RECEIVED ^ OWNER'S AUTHORIZATION ORIZATIO JUL 0 7 2025 (Where the Applicant is not the Owner) ZONING BOARD OF APPEALS I, ANDRE residing at 373 BROADWATERS ROAD (Print property owner's name) (Mailing Address) - CUTCHOGUE NY 11935 do hereby authorize ZACKERY E. N CHOLSON, RA (Agent) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. By signing this document,the Property Owner understands that pursuant to Chapter 280- 146(B)of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured,and/or a subdivision map has not been filed with the Suffolk County Clerk,within three(3)years from the date such variance was granted. The Board 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. er's Signature) ANDREW BROOKS (Print Owner's Name) MCEIvED JUL b 7 2025 APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM ZONING BOARD Of ApPBALS The Town of Soutbol * de of Ethics rohibits conflicts finterest on the part oft wn officers and em to ees.The purpose of this form is to grovide information which gan al rt the town of gossible conflicts of interest and allow it to take wbatever action is n cessp to avoid same. YOURNAME : ANDREW BROOKS (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 X. Variance X Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted th �dayof ,20 2rJ Signature Print Name ANDREW BROOKS RECEIVED AGENT/REPRESENTATIVE, JUL 0 7 2025 TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics grohibits conflicts of interest 2n the art of ton Of this 1, rm is to provide information which can alert the town ofposible conflicts of interest and allow it tq take whatever action is neeessry to avoid same, YOUR NAME : ZACKEBYN I H L RA (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) Tag grievance Building Permit X Variance X Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this Jun @ day of 22 ,20 25 Signature Print Name ZACKERY E. NICHOLSON,, RA Town of Southold RECEIVED LWRP CONSISTENCY ASSESSMENT FORM JUL 0 7 2025 A. INSTRUCTIONS ZONING 130AR©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# 104 - 12 6.3 The Application has been submitted to(check appropriate response): Town Board 0 Planning Dept. © Building Dept. E Board of Trustees l. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital E] construction,planning activity, agency regulation,land transaction) 13 (b) Financial assistance(e.g. grant, loan,subsidy) (c) Permit,approval,license, certification: Nature and extent of action: APPLICATION FOR BUILDING PERMIT HAS BEEN FILED. PERMIT INCLUDED REQUEST FOR A FRONT YARD ADDITION AND FRONT YARD VARIANCE Location of action: 373 BROADWATERS ROAD - CUTCHOGUE, NY 11935 Site acreage: .92 ACRES RECEIVED 06+� Presentlanduse: SINGLE FAMILY RESIDENCE JUL 01 2025 Present zoning classification: R-40 ZONING BOARD OF APPEALS 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: (b) Mailing address: PQ B - CUTQHQQU E, NY 11935 (c) Telephone number: Area Code( ) 631.513,6589 (d) Application number, if any: ZACKERY E. NICHOLSON, RA Will the action bbel directly undertaken,require funding,or approval by a state or federal agency? Yes No L�ll If yes,which state or federal agency1:1 ` 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. D Yes 1:1 No R Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LVVRP Section III—Policies Pages 3 through 6 for evaluation criteria Yes 11 No lr,;;N/711 Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria Yes M No © Not Applicable 60L(( —]RECEIVED JUL 0l 2025 Attach additional sheets if necessary Lb NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria 11 Yes R No Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria Yes D No ©Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. L Yes No© Not Applicable RECEIVED Soy( Attach additional sheets if necessary ZeNING BOARD OF APPEALS Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. M Yes F No LAJ Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No © Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria.❑ YeO No© Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. 11 Yes ❑ No © Not Applicable y's RECEMO ,f Attach additional sheets if necessary 2 1 IYING BOARCS OF APPEAL. Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. Yes ❑ No © Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages 62 through 65 for evaluation criteria. Yes ❑ No© Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. D Yes ❑ No © Not Applicable Created on 5125105 I1:20 AM r i 1 %�S FCEIVED �1���1 LOCATION OF PROPOSED ADDITION q y �rtk ,gyp a r s I �I I BROOKS RESIDENCE EXISTING FRONT YARD 373 BROADWATER RD PHOTOS DATE DEC. 2024 CUTCHOGUE, NY 11935 SCTM # 1O/f 19 TOWN OF SOl9THOLD ECORD CARD OWNER STREET q VILLAGE — DIST_ SUB, LOT ,fI — jr I t a - ACR. RE [ARKS Ij, TYPE OF BLD. o PROP. CLASS LAND IIAP. TOTAL DATE -4-i-- 0 53 (2 c �2w'7 .ow F snifou l ti e I FRONTAGE ON WATER HOUSE/LOT BULKHEAD i TOTAL IL - 7a '- r rn COLOR TRIM��� � . f � m) � f i r - J E 8 104.-12-6.3 3/8/2019 SQ. FT Fin"B" t st fl/5500 2nd fl TOTAL M. Bldg, ' �1 � Foundation c Bath Dinette -- FULL COMBO �'i7rq6X = � ' s�eL nn Floors � � Kit. Basement Extension Finished B. Interior Finish 5 f g— L.R. l - FP/WBS �' Heat /�t U D.R. Extension Garage Ext,Walt R. p _ Baths Porch / 6 , � = =G Dormer Deck/ I Roof G) Fam. Rm. �' e p r� * Foyer o Solar Pool y _ Laundry A.C.! SPoi- D N Library/ O.B. c�i Study _ m Dock rI I I s i KLT MAY M.# DISTRICT 1000 SECTION 104 BLOCK 12 LOT 6.1 RWOfa,rs rMac r MlIX laa'-� d�ry°�y�� M]nY MST.WID AttAIY NAYWAI�Rjr�--7 /#AT .....„.. ....""`^„ As r1n sn ro mwa W.auEre.'r 'A I AR (°'y1W" Anne W r, ROAD---'— ND 60 i 4 , 6TAD7 I are�0A4�Ww�R.vs RCgEs mxwc i . ✓ q rd.MTU SX. «MX 0'FNK (2Ao-Aw +'�rM1A dD a I To BE 4 ST D RA YFL lz cy)..«.... ", 1E ANp � ABnIId Gi fitA&���altF�nAwuA,M 1 Tr �_._•. .... I1� .RUNOFF CONTAINMENT AREA'A' DRAINAGE CALCULATIONS: N ry^y 1WC0 A'Ra9 .�1 'F: 0 mMRF'MF MiF.xolw NNM bK Aw.w.N W M A .MNF r.APO 54 mNA y D✓C� �I RO.M?L CI e V RUII - � wAnlalas;y ratrwANFxT ATu r.»v®Rr. sw'Naa Tao v -..w-.,..... nx rrclF..ram° ;0 o N ��.. RUNOFF CONTAINMENT AREA'B' nwm R�0 SI C 7.R qy • r 41 Luc PROPOSED ,/ X�X ,5 0*48 0 RECENED � w�A LINE OF DIVISIONi ' A°Ait"�anwr 2DA+D^ ZONING BOARD OF APPEA!" 1 *w' AN, �F rA I HEREBYJ&SFY THAT OM MAP WAS CH 2 M'� FROM ACNQ SURVEYS COMPLETED MARCH 2B,T2014 HUS: l 1 AND THAT ALL LY EXIST YNDTHEIR 5M.'NW THUS:WF R 'ten HEREON ACTUALLY IX5(MD THEIR TIIpR POSC(1M ARE y M5 d^• CORRECTLY SHOWN AND ALL DIMENSIONAL AND P DEODEnC DETAILS ARE CORRECT. .x 4D,W8'z'.7d Sur,W!^ ✓'' OWN ? "� tm 1R � .1 w0 + '� KENNON M WOYCFIWK LS 'USC'd05011112 LOW 1. N A IN ;AND 3.5 �+ _ m T1�•:Td5dMold Al In, D / ARa APPROVED BY .TER 17. �+ ✓" '" J�.. ,,,.• ''' PLAtINING BOARD >aruK LS NBB'48'10"Tf R'• NC" TOWN OF SOUTHOLD LOT 202 <) Rim 00, DATE d :ESSPOOLS INSTALLED UNDER 3# RIO-OB-0023 da OPERATIONS PERMITS D BY TOWN OF SOUHOLD 141'51R k 4152R EC. 27, 2073 i OSED LOT LINE CHANGE WITH APPROVAL OF ACCESS —FINAL— REVIOUSLY APPROVED OT THE TOWN OF SOVINOLO D OF ZONING APPEALS ON MARCH 23, 1'078 AS APPEAL 12400. Pa ROAD & DRAINAGE PLAN SEIHACKS LOT 1: SETBACKS LOT 2: LAND DIVISION AT BROADWATERS Aug os zav "'' D.9AD.a1 Sr.w on A,wm c.wd %'S.N;w 032 ACRm ,....� RONT 40'MIN FRONT 50'MIN OWNER: THEODORE C. MARTZ JR.; aw"p'AY+I1e*ura EAR 50'MIN REAR 80'MIN P" 'DE 15'MIN (35'TOTAL) SIDE 20"MIN (40' TOTAL) 145 RYERSON AVE. 1x LOT COVERAGE lox LOT COVERAGE MANORVILLE NY 11949 WE WA TER 9APIeLY.ME ORY D O AM LE59 CH LOlIOVS SNO NN ARE FROM ARID 94RYA TIOV! TYPICAL PLAT PLAN EXISTING MONUMENT ■— ZONED R-40 AND OR DATA OBTAINED FROM 07NERS 0.� EXISTING RFH4R AREA: 71,038.19 SO.FT. of 1.63 ACRES t EIEVARWOAUAF NAVD88 ,�� uoAwD Gi 8Fp a w rRry OR ADOR W,na Ras 3tlMMCY m A wA m wr a 72Dw a a 1 Axw m my STw E ST%KAwd aAN cMrAsx RWm WAfiREr .... MAA MDr wAEP0 wd""AN �w SAM.faANY..OV eE ro RE A A"+WIPY WfPo'A.M1°Y,. Od�AMM.fa�R6Itl:AIEw Nlmw olm ATMI J STY 1TF RIE"M'R"W o ANON SI Rd` NTI A7 ANOW P'PIO W MV VIA VAI 7R RW or 'M&ZNA Ap AODeCw AM,AfM,mMv odwivnOw fa EAS][D sm O av wac. W W N�sA FY L#Ate'Ara xmr Dt�R c AA"¢1xWSSTS�W 0 rytdOWM QFVWrN1 A'�= W IWO,°Or#Y AWOL>W R4.r RUChR A AIM"FM A lF XWE Ate'# GrA R�YAN'LaW&'',W4'Y AM'.. AMA�TD MKII4,mq'Wr 9ak"dw OWMert go" M AO aR.00,#rt or W W G"IOD 0'G A 4WK At y F lTe4l @t"K�mR AMP 40OX'T A�M"Hk'++k Mr {ATdwr!]y'F9 VVIDAM Iw AASTApM SSWN1RlATY a'RaF+clvwaro`RE'CCwOCD OB MNwECOWrfAF�ARg'.AA7i�4wrERM.'FrrrND'+l1Y.I(NRRaviOR Rd'Ag1MA,94'�w At w1E MK ON'aidNMCM 0 INCL CERTIFIED TO, MAP orlaAVEN i9 ww le sR,.19M Due mve memo D/C. A8'SOLM.ABSTRACT F°u'x r NO" R nFCD: JUNE 28, 1922 No.156 MELEE NATIONAL TITLE WS~CE:CO: aew M.a:SOUTHOLD KENNETH P w + i SITUATED T. CUTCHOGUE w I ff'I FOLK COUNTY,NEW YORK �� Proteeelonel IATnd fiuneYln6 and DeelRn R6TINDiYAAIf]!MAN _ m REVISED 07-37-17 (fs..FJfI M P.O.Bo:153 Agoebo`ue,New York 11031 REVISED 06-26-17 Paola(ea1)®e IW FAX(01)Rue-TM - DALE:SCAfE. '- APRIL 30 .T'. 6 1-30 200 27 3 N.Y.S.USE N0.05MR1 rlrw ur+�+.■ra4n J.R�r4 A r�..r r w.r 4.# DISTRICT 1000 SECTION 104 BLOCK 12 LOT 6.3 RECENT w/nre ,w . 'Da NYT/5 JUL 07 2025 r�S�l~S' .ONINGBOARDOF SO Amp •empc S 81-07.30`g N y(Bo 1 vo.5z READ IJ FL 4B 4 "" MBN. 0,Q. v, N'� pt0,• 1 v �ptIYENAY w/ WIER s N N N B 25 00' W 25" � 0 a PRDpOso STD Z� MON. 5H H'aa`e 176.24" D of �d'OfAFS :,�� ', ANME a ONAm cvErrinD LOT IN PHA LOT 191 � Q LttDL1 a WRIT"Roo, u ♦ ,' r PORTION OFDUSTING ". '=STON DRNEWAY TO BEE 11"1'E PBPE REMOVED w/PUm10 WATERWATER M OC' '�.5� Y N NATER 50 L0" a y�44 .r'v r AMG.1Bx W4 20' 7 dV. rnrNa�nscl'�.IA Y" ypM 0-+e 9 5 . ~ 7rAS a t ✓1 P N p I � FEB1xCpteNOV'T o PAr!S1lENTOp1•Ia Ly"SMVICEs.... o oce zti^my1 Le � o , LOCAReN c I O M4fdNBAl'Lei tl PGA{'6 ZO.OIB IF. Ih;in nxvl dNm,A �miC hu lxrm dmtVawnoeil llq+pR thtS 2 P esR dU mAtlrx wxace zWP{B) x m o � 1 c N timum tY `mr,Nyumt���� z v 1 o B11Vu.29.4 y 1 2D" C DL pq BROIa� 'tHl'8ezer 4VpMrwtDux lxtA '. m �....-..-.. L 0 _�_ SuvMeys N "NMM 2 3 /° —� 5"' SILTY S6 q --�_ _ _ NATURAL AND UNDISTURBED PALE BUFFER AREA 77NE N8B•4870`I/ sa TO WEDIUM SAND LOT 202 DWRIMG5 200.00, .N/F w . tT- Lf x wDz nELB10 71e existing sanitary system has been certified 1d0 wATrR 17' s accepuble by n 1:,.rnsed design professional. 'his apP.roval Tn-1:,,it; rc7resenlation on the K U u-0LS cart of the Deli:-invent as to integrity of the SETBACKS LOT 2: xlsting sanitary system. FRONT 5111N THE WATER SUPPLY,WELLS,ORYW79LS AND CESSP REAR.Bt?"hdtN LOCH nOVS SHOWN ARE FROII FIELD OBSERVA77OVS SIDE 2'D'd9I,N (40'TOTAL) AND OR OATH OBTAINED FROM OTHERS DRAINAGE CALCULATIONS: 20%LOT COVERAGE AR'EA.40,097 75 S.F. or 0.92 A'ClRES: ncvAnOv DAn1u: NAVDBB EXISTING DWELLING&COVERED PORCH W/PROPOSED ADDmONS-1,290 SOFT. ALIWRAAOR'qN'A n5 DUS WEY&R A MO(A1NN Or StSinON XMAS Or OBI'NrW'pKRn'S`7r41C EDL4'A anB LdEC CAB'S Or DVS�' LAP NDt OCR LW"AdNO.NNW:YLW"5' SCA&51MLE.WDA'OC iQN'AtM'M W X A'NAGD OMAi COm'x 9#WIaAN'171'+S dM�.MG RS4 m M S o NA-0W' 1,290 x 0.166-214.14�215N REQUIRED Y' TI+T A NSBMI FOB N1A5N dI@' fET'S " w nR+T�K r "r ANO AV';Npma ArAl FD 1Nr A 's M lA LENTN(O Ad'ElbnlOOl4 PVAARAVVan ANC AWTF (1)8'0I4 x 5'DEEP DRYWELL-221 cr PROVIDED iNE prSP;'r7 3W DINN l0.'.nceriv EaiMA RR" WN1Y LNig9 N, SIANIORAn AW FM A, :FW+R zW AL9 tW WV ANC' N07 RfllikpA'6't0 ALEANeNT ON PAD^NaErr tdti7,$ON SD ,°C'Tf4 EN6rma Or'n�AC�1'^"4 7U#d'd OR AND OONR m $A NAS AA'SV'AE SUf35U%AFL'y1pUrlCAx;S OR AM'NOT ANTr UU r�CW&f ON IM PAtMISM 0 W W CF dq'Y r' \r 51Rrrr ac:P/O LOTS 1B9 +1< 190 INCL. CERTIFlED TO:TMEDtCO'RE C.IAAR�Z A4 I \, D WAP OF:AMET—MAP'A'OF N195AU CLUB PoIM PROPERTIES TM'Or rRJNE.2H, 192'2'. No.156 FE4 1 u .?i;19 REVISED 10-25-16 sTVA m AT.CUTCHOCUE REVISED ADD PROPOSED DECK 10-16-1H roxN aF:SOUtHOLD KEN NUM Y.I I—UK LAND HURYEYINO,PI _ REVISED OS-14-18 pBox 5 lend Bowe,N and Delon '`�A"'�ei� •• REVISED 01-23-18 SUFFOLK COUNTY,NEW YORK P.O.0.Box 169 Agne6oN.Nee York II991 MOWNOPBOvTZG:LD REVISED 01-09-18 M pBOWz(ea,)teBs-reee Ea(ea,)mn-Feee e27-36-2 slue 1'=30' DATE:APRIL 30, 200 NY.S UM Na 05MV �.,.m.n...sa a rn a�.�•rm.0 a wa ENNE: Ut K M WOYC.. K 2�4 ZEN DE 1250 EVERGF CUTC OGUE, PRONE:631 RECEIVED -JUL 07 2025 7- ZONING BOARD OF APPEALS 00 NO, ISSUE 01 PERMIT SI 02 REV i 03 REV 2 04 ZBA iv 44 C4 4 Y SRO RESIC 373BROAD CUTCHOGUI SCALE r DATE: DRAWN BY: co PROF SITE s P, ZEN DI 1250 EVE G1 C UTCHOGUE, PHONE.631 NO Mut, i Ol PERMrrS 0 03 REY 2 04 ZBA APPLIC, S— kEC �Jl IL 07 2025 It" ZONING I OARD OF APPE J=1 or BRC REST[ ol 373 BROA1 MCHOGU 1000 Ic SCALE. DATE DRAWN BY: PROM l ;� T &ELE PROPOSED Em-VATION SEE SEC NO D98 ..,.r+^^J'yx ear'•` f} .....• .rM MA9CTY9 "� �,e , CFI � LITTLE " a" CREEK turDEmvarER L.D 45 ..•""` uNDI JCWW '"Ifi: ..,r^„,-•-'^. ,...",.....,";,N " 1,6 1 w au Ara '.,�„ 6.h '�° 1t^h 'S.GAI ,) 1 Im, ,eeAe Al WI `II 4� " , e.�,ew; . G) 61 5 9A(c) 16 � PARK CNx`DM9G'R /�v � 13.6Afc) ,,rr�� 665 G x= EWSUFFOLK / t NEW SUFFOLK ,;y PARK DISTRICT s �� 0 Y — 2 sh h BROADWATERS COVE 11 m y 91 IS 1 Ab.dP �' TOWN OF SOUTHOLD �, A toy 12 n .w,FF 31.3A(c) G 4.A�p,Cs•V� . 7 ". ,1AEL1 h [+'matt Etlq q �! A„ 4vb+9 pe � MI N1,k m ��, 1.(4fCa �' g a e wI r 1ae Irowa cry = 0 D 3 3 4 � 4 "1'a� rsry 6 &' 1, � bP 6?,p,jw h.yF+l to 01 ,II 6R'y v of -wad rr 613 7A,d MA M,. T :.r-*�• ws. � .�"""q� a say !•N:. �¢} ' a 1M C tdY•d R R vkMA XyQ 7 ' 13 ', w� , ".°Y.. 'A*'.n'r!*o 14h 3 „ror a•, AIM»"' "E.. ,r u _ 14 T Ar1R �`.. e"''" �"�j..�'" �b 9m k h^P„.�„,.• Of- .' M1B COUNTY — TOWNOF. s NOTICE "`011 " OF SUFFOLK © E D'' 133 SOUTHOLD SECTION NO m8n MAINTENANCE,ALTERATION.,SALE OR ^yReal Property Tax Service Agency Y WT OUKCWN7Y7AXMISSONOFT y VILLAGE OF 104 DISTRIBUTION OF ANY PORTION y P 1Da1 vT-UT COONS iPEMAPISNOF HE r A DISTRICT """""^^' County Center Riverhead,N Y 119U1 SCALE IN FEET REAL PROP=RTY TAX SERVICE AGENCY OFT E m 1D0 9 2110 400 A ISTRICT NO 1000 PROPER ITIT..r� N _ EAGENLY ,vx PROPERTY MAP • CONVERSION DATE]en]D,A19