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Lehnert application
FORM NO. 3 I l�D TOWN OF SOUTHOLD BUILDING DEPARTMENT AUG U b H SOUTHOLD,N.Y. ��a NOTICE OF DISAPPROVAL ZONING BOARD OF APPEALS DATE: April 18, 2025 REVISED: June 4,2025 TO: Lehnert, William& Dana 106 Brook Street Garden City,NY, 11530 Please take notice that your application received March 11, 2025: For permit to: construct addition and alterations to an e istin) sin le-famil dwellin to include a front orch and second story at. Location of property: 1165 Old Harbor Road New Suffolk NY County Tax Map No. 1000— Section 117 Block 3 Lot 8_4 Is returned herewith and disapproved on the following grounds: "I'he ro osed construction on this nonconfor�nin l 140 s . arcel in the Residential. R-80 is not�tted ursuant to Article XXIII Section 280-124 which states lots measurin less than 20 000 square feet in total size require a maximum lot covera e of 20%. The siteplan shows the lot coves' e to e� JJALW jZ Bj,�f�XA Aahorized 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 Oq APPLICATION TO THE SOUITHOLD TOWN BOARD OF APPEALS AREA VARIANCE AUG U 3 2025 House No. 1165 Street Suffolk Old Harbor Road Hamlet New Su o 19,140�?11NG BOARD OF APPEALS SCTM 1000 Section: 117 Block:03 Lot(s) 8.4 Lot Size: Zone I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 06.04.2025 BASED ON SURVEY/SITE PLAN DATED 06.12.2025 Owner(s): William Lehnert and Dana Lehnert Mailing Address: 106 Brook Street, Garden Ci NY 11530 Telephone:516-319-1342 Fax: Email: wjl@lndinc.com NOTE:In addition to the above please complete below if application is signed by applicant's attorney,agent, architect,builder,contract vendee,etc.and name of person who agent represents: Name of Representative: Paul Capece for(X) Owner( ) Other: Address: 153 West 27th Street, Suite 601, New York, NY 10001 Telephone: 347.475.0381Fax Email: ca ece acsarch.com Please check to specify who you wish correspondence to be mailed to,from the above names: ( )Applicant/Owner(s), (X)Authorized Representative, ( )Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 06,12.2025 and DENIED AN APPLICATION DATED 06.04.2025 FOR: (X)Building Permit ( ) Certificate of Occupancy ( )Pre-Certificate of Occupancy ( ) Change of Use ( )Permit for As-Built Construction ( )Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: XXIII Section:: 280-124 Subsection: Type of Appeal. An Appeal is made for: QQ 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 QQ has, ( ) has not been made at any time with respect to this propem, UNDER Appeal No(s). see below .Year(s). see below (Please be sure to research before completing this question or call our office for assistance) App # 4165: May 20, 1993; App#6114: Feb 28, 2008; App #6667: Sept 5, 2013; App#6667 Ammended: June 4, 2015 RECEIVED Page 2, Area Variance Application Revised 6/2023 AW U 5 2025 REASONS FOR APPEAL ZONING BOARD OF APPEALS (Please be specific, additional sheets may be used with preparer's signature notarized): 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted,because: The proposed front porch will be in the same architectural style as the rest of house. Additionally the house is off a private shared driveway off the main road and not visible from the street 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: this is an existing non conforming lot size within an R-80 District. Additionally the lot size has decreased due to the fluctuating lot boundary at the water line. Adding a porch cannot be achieved otherwise. 3.The amount of relief requested is not substantial because: the request is due to the existing nonconforming lot size. Similar sized homes in a conforming lot would not require such relief 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: we will provide storm water management for the increased roof area covering. 5.Has the alleged difficulty been self created? { } Yes,or {x} No Why: the nonconforming lot size is not a self created hardship • Are there any Covenants or Restrictions concerning this land? { }No {X}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. Sign ture of Applicant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn t0 ore me this Z S day DANIEL STRAVINO NotaryPublic-State of New York of 'i 20 yr-" No, n NewSTO 19202 C Qualified in New York County My Commission Expires Dec 29, 2027 Ncmtar/lhejc RECEIVED Zoning Board of Appeals AUG U 5 2025 ' fM APPLICANT'S PROJECT DESCRIPTION ZONING BOARD OF APPEALS APPLICANT: Paul Capece SCTM No. 1000-117-3-8.4 1.For Demolition of Existing Building Areas Please describe areas being removed: Partial excavation at front of house for proposed porch portion of existing roof to be removed for new 2nd floor addidition II.New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: 8'-0"x 43'-6"(343 SF)Proposed front porch Dimensions of new second floor: 33'-l"x 15'-4"(507 SF Interior) +8'-0"x 164"(123 SF Outdoor deck Dimensions of floor above second level: / Height(from existing natural grade): 23'-7" 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 Basement is existing 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: 1 to houig y1fth ta-nd anched ggrggp. o d I dQgk Number of Floors and Changes WITH Alterations: 2 Story house with basement and attached garage. Front Covered porch. Rear covered patio and open pool deck IV. Calculations of building areas and lot coverage,sky plane(From Surveyor,Design Professional): Existing square footage of buildings on your property: 4,531 SF Proposed increase of building coverage: 343 SF Square footage of your lot: 19,140 SF Percentage of coverage of your lot by building area(lot coverage) 25.49/6 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): 2989 SF For Residential lots, is project within the allowable Sky Plane?(Please refer to Chapter 280, Section 280-208 of the Town Code): Yes V.Purpose of New Construction: Addition of a 630 SF second story for new family room and outdoor deck Addition of 343 SF Covered from porch at ground floor 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 gently slopes toward the water until it reaches the bluff.There is an existing bulkhead that separates the tidal wetland from the rest of the property 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 RECENED A. Is the subject premises currently listed on the real estate market for sale? Yes X No AUG 0 5 2025 B. Are there any proposals to change or alter land contours? X No Yes,please explain on separate sheet. ZONING BOARD OF APPEALS C. 1.)Are there areas that contain sand or wetland grasses? Yes Yapplication? Yes 2. Are those areas shown on the survey submitted with this 3.)Is the property bulk headed between the wetlands area and the upland building area? Yes 4.)If your property contains wetlands or pond areas,have you contacted the Office of the BOARD OF TRUSTEES for its determination of jurisdiction? Yes Please confirm status of your inquiry or application with the Board of Trustees: Application submitted at same time as ZBA 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? No E. Are there any patios, concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? No 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. 1. Please list present use or operations conducted at your property, and/or the proposed use Existing Single Family home,with attached garage and pool J. (examples:existing single family,proposed:same with garage,pool or other) 07.29.2025 Authorized signature Date ro N • � RECEIVED FORM NO. 4 TOWN OF SOUTHOLD AUG U j 2025 BUILDING DEPARTMENT Office of the Building Inspector Town Hall ZONING BOARD OF APPEALS Southold, N.Y. CERTIFICATE OF OCCUPANCY No 5-23678 Date JUNE 1 1995 THIS CERTIFIES that the building ADDITXON & ALTMATION Location of Property 1,1f> OLD ROAD HEW SUFFOLK, N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 117 Block 3 Lot 8.4 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated APRIL 1, 1993 pursuant to which Building Permit No. 21435-Z dated NAY 15 1993 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 ADDITION & ALTERATIONS, ADDITION' 6 HOTUB TO EXIST OWN FAMILY DING AS APPLIM FOR. The certificate is issued to SANFORD a ELIEAFTS FRIMU (owners) of the aforesaid building. SUFFOLIC COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N-298891 - DBCEMBER 13 1993 PLUMBERS CERTIFICATION DATED MAY 26 199S - SANFORD H. FRIBMANN bil ing Inspector Rev. 1/81 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT RECENED Office of the Building Inspector Town Hall Southold, N.Y. AUG 0 5 2025 CERTIFICATE OF OCCUPANCY ZONING BOARD OF APPEALS NO: Z-33405 Date: 11/21/08 THIS CERTIFIES that the building ADDITIONS/ALTERATIONS Location of Property: 1165 OLD HARBOR RD NEW SUFFOLK (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473B89 Section 117 Block 3 Lot 8.4 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated NOVEMBER 19, 2008 pursuant to which Building Permit No. 33751-Z dated MARCH 19 2008 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 ROOF EXTENSION OVER PART OF EXISTING DECK AND IN GROUND SWIMMING POOL ADDITION WITH DECK SURROUND TO AN EXISTING ONE FAMILY DWELLING AS APPLIED FOR PER ZBA # 6114 DATED 2 28 8. The certificate is issued to SANFORD & ELIZABETH FRIEMANN (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL ELECTRICAL CERTIFICATE NO. 4005033 07/15/08 PLUMBERS CERTIFICATION DATED N/A i A�borized Signature Rev. 1/81 i4 b Town of Southold 10/20/2015 'w P.O.Bog 1179 00 53095 Main Rd RECEMD TP Southold,New York 11971 " AUG u 5 2025 CERTIFICATE OF OCCUPANC'NiONiNG BOARD OF APPEALS' No: 37843 Date: 10/20/2015 THIS CERTIFIES that the building DECK Location of Property: 1165 Old Harbor Rd,New Suffolk SCTM#: 473889 Sec/Block/Lot: 117.-3-8.4 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 6/29/2015 pursuant to which Building Permit No. 39945 dated 7/14/2015 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: ACCESSORY DECK A$APPLY.ED,FOR 1 The certificate is issued to Friemann S H QPRT&Friemann E M QPRT of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. PLUMBERS CERTIFICATION DATED A Signature APPEALS BOARD MEMBERS ' , SCOTT L.HARIUS Supervisor Gerard F.Goehringer,Chairman (� x- Serge Doyen,Jr. � x' ,� Town Hall, 53095 Main Road P.O.Box 1179 James Dinizio,Jr Robert A.Villa - Southold, New York 11971 Richard C.Wilton - Fax(516)765-1823 Telephone(516)765-1809 BOARD OF APPEALS Telephone(516)765-1800 RECEIVEDTOWN OF SOUTHOLD ACTION OF THE BOARD AUG 0 5 2025 Appl. No. 4165. ZONING BOARD OF APPEALS Upon application of SANFORD H. and ELIZABETH M. FRIw , N. Request for a Variance to the Zoning Ordinance, Article TOCIII, Section 100-239.4 for permission to construct addition and deck addition with spa within 75 feet of the existing bulkhead at 1165 Old Harbor Road, New Suffolk, NY; County Tax Map -Parcel No. 1000-117-3-8.4: Subject premises is located in the R-80 Zone District. WHEREAS, a public hearing was held on May 20, 1993, at which time all those who desired to be heard were heard and their testimony recorded; WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present (R-80) zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. By this application, appellants seek a variance under Article XXIII, Section 100-239.4B for approval of an open deck addition/extension at the rear (easterly end) of the existing dwelling, all as shown on the sketch prepared by the applicants and survey dated March 9, 1993 prepared by Roderick VanTuyl, P.C. Proposed are: (a) a 1416" wide by 10 ft. deep addition as shown on the plan prepared by R. Lehnert, Inc. (Design Drawing) dated March 24, 1993; (b) a six ft. open deck addition extending from the proposed 10 ft. addition (and extending 16 feet from the existing -rear wall of the dwelling) ; (c) a spa addition with deck walkway. The decks and addition will be no closer than 48 feet to the outer edge of the existing bulkhead. 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 117, Block 3, Lot 8.4 and contains a total lot area of 19,998 sq. ft. • RECEIVED Page 2 - Appl. No. 4165 Matter of SANFORD & ELIZABETH FRIEMAN Decision Rendered May 20, 1993 AUG U 5 2025 ZONING BOARD OF APPEALS 3. The dwelling as exists presently has the following nonconformities: (a) front yard at 24+-1 at the westerly property line, (b) southerly side yard at six feet. 4. Article XXIII, Section 100-239.4B of the Zoning Code requires all buildings and structures located on lots upon which a bulkhead, concrete wall, rip-rap or similar structure exists and which is adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet from the bulkhead. 5. In considering this application, Board Members find: (a) the relief requested is not substantial in relation to the existing established nonconforming setbacks in the area of this shoreline for "cabana-type" buildings; (b) the construction is for an open deck addition without a foundation or basement and without a screened or permanent-type enclosure - this type of construction is not major and will not affect the stability of the soils seaward of the house; (c) the relief requested will not alter the essential character of the neighborhood - the topography of parcels in the immediate area have significant differences in topography, shape and character in relation to the creek shorelines, however, each has natural bluff areas between the improvements (buildings) and the bulkheads; (d) the practical difficulties are uniquely related to the property and are not personal to the landowner; (e) * the grant of the relief as requested will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to the neighboring properties; (f) the benefit to the property owner is minimal, and there will not be a detriment to the health, safety, and welfare of the neighborhood or community by the grant of this variance; (g) the benefit sought by the applicants cannot be achieved by some other method, feasible for the applicant to pursue, other than an area variance -- particularly in light of the established nonconformities in this neighborhood; . I7 ng APPEALS BOARD MEMBERS Southold Too d resat Gerard P,Goehringer,Chairman " ' � Soouthown Hall 53095 Main Road a P.O.Box 1179 j c Ruth D. Oliva Southold,NY It 97 1-0959 James Dinizio,Jr. Office Location; Michael A. Simon Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://,southoldtown.northfork.net ZONING BOARD OF APPEALS WRECIVED 4- RECENEDOA!7>q TOWN OF SOUTHOLD 1-3 UU AUG U 5 2025 Tel.(631)765-18 •Fax(631.)765-91 FPINGS, DELIBERATIONS AND DETER NATI 41;&!EC;W ZONING BOARD OF APPEALMEETING OF FEBRUARY 28, 2008 Soa'1hold Town-Clara ZBA# 6114 - SANFORD and ELIZABETH FRIEMANN PROPERTY LOCATION: 1165 Old Harbor Road, New Suffolk CTM 117-3-8.4 SE RA DETERMMATION: 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. UFF LR COUM ADMIN15JR&TIVE DE: This application has been referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning reply dated December 10, 2007, states that the application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. EROPE1 _FACT-IDE IO The applicants' property contains a total lot area of 19,712 square feet with frontage along Cutchogue Harbor, and is improved with a single-family dwelling with garage as shown on the November 19, 2007 survey prepared by John C. Ehlers. RAS-1-E—Of AP^PLIGATI l ; Request for Variances under Sections 280-116B and 280- 124, based on the Building Inspector's amended November 26, 2007 Notice of Disapproval concerning proposed additions, swimming pool, and alterations to the existing single-family dwelling, which new construction: (a) will be less than.. 75 feet from the bulkhead adjacent to Cutchogue Harbor and (b) will exceed the code limitation of 20% maximum lot coverage. RELIEF REQUESTED: The applicants propose to construct a 10 ft.. deep roof extension over an existing irregularly shaped open deck to provide partial shade, at 45' from the existing bulkhead, and proposes a 12' x 22' in-ground kidney-shaped swimming pool set into the existing deck with a code-required 3 ft. wide deck surrounding the pool on the seaward edge, 20 feet from bluff and 46 feet from the existing timber bulkhead shown on the September 12, 2007 surveyor site plan, updated November 19, 2007 by John C. Ehlers, L.S.. This proposed construction would create a total of lot coverage at 23.2%, while the code limits total lot coverage to a maximum of 20%. RECEIVED Page 2-February 28,2008 • ' Appeal No.6114-S.and E.Friemann AUG 0 5 2025 CTM 117-3-8.4 ZONING BOARD OF APPEALS ED CA O : During the hearing, the applicant was asked to bring the plan into more conformity with the code. The applicant on January 25, 2008 submitted a site plan prepared by Mark Schwartz, A.I.A. increasing the setback to 31.2 feet from the closest bulkhead measured from the edge of the new construction, and reducing the proposed lot coverage to 22.4%, thereby bringing the plan into more conformity with the code. LWRP DETERMINATION: A letter from the Town's LWRP Coordinator was submitted to the Board of appeals on January 9, 2008, after review of the original variance requests, with a recommendation of inconsistency under Chapter 95, Waterfront Consistency Review of the Town of Southold Code and Local Waterfront Revitalization. Program (LWRP standards.) Grant of alternative relief in the variance application, as amended January 25, 2008 will increase the setback from the proposed 29.2 feet to 31.2 feet measured between the deck and the bulkhead, and will reduce the lot coverage to 22.41/6. Also, the drainage of pool water shall be contained in the existing drywell on site. Gutters and leaders shall be located on the proposed roof extension and roof runoff shall be contained. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on January 24, 2008, 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: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. T 9 Grant of the alternative relief as shown on the amended plan will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed roof extension over the existing deck is modest in size and will have no visual impact on neighboring houses, while benefiting the applicants" family with protection from the sun and rain. The proposed pool is also relatively small and will be partially set into the existing deck, thereby reducing the size of its footprint in the rear yard. . TV= LM §267-bffl(b)(M. The benefit sought by the applicant cannot be achieved. by some method, feasible for the applicant to pursue, other than an area variance since there is no other feasible location in which to construct a swimming pool, and the distance from the existing deck to the bulkhead is already non-conforming. 3. T w "7-b The variances granted for relief in the amended application for the proposed new deck and pool are substantial. A 49 ft. setback to the shoreline bulkhead, represents a 34.61% variance, and when measured from the first, • �Page 3—February 28, 2006 RECEIVED Appeal No.6114—S.and E.Friemann AUG 0 5 2025 &SY CTM 117-3.8.4 ZONING BOARD OF APPEALS closest bulkhead at 31.2 feet, the variance represents a 59% variance from the 75 ft. minimum code requirement. The proposed lot coverage of 22.4%while the code requires a maximum of 20% results in a 12% variance. 4. Town 2 . The difficulty has been self-created because the applicant has chosen to install a pool and deck without sufficient space to meet conforming setbacks and which will increase lot coverage beyond that allowed by code. 5. T w IAw §ZE-b(=(41, No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The existing bulkhead and upland retaining wall are stable and the property between them is covered with a large native' vegetative buffer. The proposed additions are modest in size and any potential adverse impacts can be mitigated through the conditions described below 6. Grant of 'relief, as applied for and shown on the amended plans, is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a roof extension and small swimming pool, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. In considering all of the above factors and applyig the balancing test under New York Town Law 267-B, motion was offered by Member Weisman, seconded by Chairman Goehringer, and duly carried, to Grant the variances as applied for and as amended, shown on Map A-3 dated January 24, 2008 prepared by Mark K. Schwartz, Architect, subject to the following Conditions: 1. The drainage of pool water shall be contained in the existing drywell on applicants' site. 2. Gutters and leaders shall be located on the proposed roof extension and roof runoff shall be contained in the existing drywell on this site, as shown in the November 19, 2007 survey prepared by John. C. Ehlers, L.S. with Nov. 26, 2007 ZBA date stamp. 3. The pool equipment shall be housed in sound-proof(sound-deadening) cabinet and located on the northeast side of the dwelling to create minimal visual and noise impacts on neighbors. 4. The existing deck that is not covered by the proposed roof extension shall remain unenclosed and open to the sky. Page 4—February 28,2008 RECEIVED Appeal No.6114—S.and E.Friemann AUG 05 2025 CTM 117-3-8.4 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. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Goehringer ' ,man), Oliva, Dinizio, Simon and Weisman. This Resolutio ul ad d •@ . f E � P, GOEHR I� d a��R, C ' 3//> 108 proved for Filing BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer Town Annex/First Floor,Capital One Bank George Horning 54375 Main Road(at Youngs Avenue) Ken Schneider Southold,NY 11971 http://southoldtown.northfork.net a7 ZONING BOARD OF APPEALS E;1=01-ZOTOWN OF SOUTJHOLD • p1�.C' 1\ t Tel.(631)765-1809-Fax(631)765-9064 Town OF X"6' S FINDINGS,DELIBERATIONS AND DETERMINATION �11N� MEETING OF SEPTEMBER 5,2013 ZBA FILE: 6667 NAME OF APPLICANT: Sanford H.and Elizabeth M.Friemann SCTM#1000-117-3-8.4 PROPERTY LOCATION: 1165 Old Harbor Road(adj.to Cutchogue Harbor)New Suffolk,NY. :The Zoning Board of Appeals has visited the property under consideration in this application and detertnines that this review falls under the Type II category of the State's List of Actions,without further steps under SEQRA. L 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 July 2, 2013 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. L 1' 1MRMINA0O'N: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated August 5, 2013. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department,as well as the records available to us,it is our recommendation that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. PROEEM E&MMORIML Subject property is improved with a one story dwelling with attached deck,,in-ground pool and hot tub along with a bulkhead and dock. It contains 19, 712 square feet and is located in a R-80 Zone District. It has 93.84 feet of frontage on a Private Road located of of Old Harbor Road, 194,38 feet along the northern property line, 104.40 on+Cutchogue Harbor and 148,70 feet along the southern property lane as shown on the survey dated. Sept. 12, 2007, revised last 08-20-2013 prepared by John C.Ehlers,LS. BASISI Request for Variance from Article XXII Code Section 280-116(B)based on an application for building permit and the Building Inspector's May 29, 2013 Notice of Disapproval. concerning a permit for demolition and reconstruction of beach house/cabana/deck, at; 1) proposed structure at less than the code required bulkhead setback of 75 feet. ULM RE ES I3: The applicant requests a variance to replace a beach house/cabana/deck that were destroyed due to Super Storm Sandy with an 18ft. X 7 ft beach house and a 23.2ft X 12.1fr attached RECEIVED Page Iof3—September 5,2013 AUG 0 5 2025 , ZBAi W7—Fraemann SCTMK000-117-3.8.4 ZONING BOARD OF APPEALS deck located seaward of the bulkhead. The beach house with deck is proposed in approximately the same location as the original structures with a slightly larger footprint. However, while the original structures were completely seaward of the bulkhead in the VE flood zone, the proposed accessory structure and deck extends approximately 3 feet landward of the bulkhead in flood zone X,and 12 feet seaward of the bulkhead in the VE Flood Zone.The code requires a 75 ft bulkhead setback. AMBIM12 ABLACAMN, During the hearing, the applicant was asked to bring the plan into more conformity with the code. The applicant,on August 20,2013,submitted a survey by.John C.Ehlers dated 1i120/2013 noting the flood zones and the top of bank as requested by the Board, However, no changes in. the location or size of the accessory beach house and deck were proposed. DO ZONAL 1l'JF nOW: Although there are other accessory storage and beach house structures in the neighborhood,only one was determined to exist or existed legally by virtue of having a CO or Pre- CO. While the Board has evidence that the applicant's original accessory beach house and deck were issued a Trustee's Permit in 1994 without any dimensions being noted,these structures did not have a CO issued by the Town's Building Department. However, the Board notes that even a legally existing non- conforming structure or building that is demolished--be it through human hand or an act of nature—has no legal right to be replaced in a non-conforming location. F2QMS QE pACTa�REASQNBOARD 1 " The Zoning Board of Appeals held a public hearing on this application on August 8,2013 at which time written and oral evidence were presented. Based upon all testimony,documentation,personal inspection of the property.and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Yawn Law j 2 7_ 2 Grant of the variance will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties, The applicant's original accessory beach house and deck suffered a total loss from Super Storm Sandy and was washed away, Due to the proposed location for the replacement accessory beach house and deck in the high velocity hazard flood zone seaward of the top of the bank and the bulkhead, these accessory structures have the potential to suffer a high,repeatable rate of loss and pose hazards to life and property during storm surge events. 2. : '� The beuefi't sought by the applicant can be achieved by some method, feasible for the applicant to pursue,other than an area variance. The applicant has a swing pool,hot tub and deck on his property landward of the top of bank with steps providing access to the beach area, dock and water. He can construct an accessory beach/pool house or storage building in a more conforming location that is landward of the top of the bank. 3. Inn_ I&w §UZ- 31�Iar�;t��. The variance requested herein is mathematically very substantial, representing more than 100%.relief from the code, since the proposed beach house and deck are located seaward of the bulkhead where the code requires a 75 foot setback landward of a bulkhead. 4, aovv I �^wa<w _ 3 b 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 LWRP Memorandum to the ZBA notes that the proposed beach house does not functionally require a location on the coast and is not water dependent pursuant to Policy 3.a.It also notes that these structures should be located to outside the VE FEMA flood zone and landward of the top of the bank/bluff to further policy 5 of the LWRP to reduce adverse environmental effects, minimize the need for future structural RECEIVED Page 3 of 3—September 5,Z013 A U G 0 5 2025 ZBA#M7—Prlemann SCrMN1000-117-3-8.4 ZONING BOARD OF APPEALS flood protection measures, or expansion of existing protection measure and to meet federal flood insurance program standards. . S. Lqzn WE§Nj_Wj(b)JMjThe difficulty has been self-created by the applicant's request to replace structures that were never legally established in a location that is substantially nonconforming with regard to the code required bulkhead setback and within a VE FEMA flood zone. . 6.Tq=IM - Not granting the requested relief is the minimum action necessary to preserve and protect the character of the neighborhood and the health, safety and welfare of the community. In considering all of the above factors and applying the balancing test under New York Town Law 267-B,motion was offered by Member Weisman(Chairperson), seconded by Member Schneider,and duly carried,to DENY as applied for. Vote of the Board- Ayes:Members Weisman(Chairperson), Schneider,Dantes. Nay:Member Goehringer. (Absent was:Member Horning) This Resolution was duly adopted(3-1). fll&��) nold!�.. Leslie lanes Weisman,Chairperson Approved for filing I /2013 r BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson, �" + " 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes "` _ Gerard P.Goehringer Town Annex/First Floor,Capital One Bank George Horning 54375 Main Road(at Youngs Avenue) Kenneth Schneider Southold,NY 11971 http://southoldtown.northfork.net 4ECE V IDZONING BOARD OF APPEALS9RECENED TOWN OF SOUTHOLDTel.(631)765-1809-Fax(631)765-9064 (•�. A UG U 5 2025 Southold Town Clerk FINDINGS,DELIBERATIONS AND DETERMMATION ZONING BOARD OF APPEALS MEETING OF SEPTEMBER 5,2013 MEETING OF JUKE 4,2015(AMENDED DETERMINATION) ZBA FILE: 6667 AMENDED NAME OF APPLICANT: Sanford H, and Elizabeth M:Friemann SCTM#1000-117-3-8.4 PROPERTY LOCATION: 1165 Old Harbor Road (adj.to Cutchogue Harbor) New Suffolk, NY. 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. CO E: This application was referred as required under the Suffolk County Administrative Cods Sections A -14-14•to 23,•and the-Suffolk-Cotinty�Department-of Planning issued its reply dated July 2, 2013 stating that this application is considered a matter for local .--•-----de at LS$Lthere. p ,tojaaA gairw4mt ttty- i uni imraact -._ --- LWU Cw ON; This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local. Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated August 5, 2013. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department,as well as the records available to us,it is our recommendation that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. MQU&T—Y F I Subject property is improved with a one story dwelling with attached deck,in-ground pool and hot tub along with a bulkhead and dock. It contains 19,712 square feet and is located id a R-80 gone District. It has 93,84 feet of frontage on a Private Road located off of Old Harbor Road, 194,38 feet along the northern property line, 104.40 on Cutchogue Harbor and 148.70 feet along the southern property line as shown on the survey dated Sept. 12, 2007, revised last 08-20-2013- prepared by John C.Ehlers,LS. IS OF ON: Request for Variance from Article XXII Code Section 280-116(B)based on an application for building;permit and the Building Inspector's May 29, 2013 Notice of Disapproval concerning a permit for demolition and reconstruction of beach house/cabana/deck, at; 1) proposed. structure at less than the code required bulkhead setback of 75 feet. RELIEFREQUESTED: The applicant requests a variance to replace a beach house/cabana/deck that were destroyed due to Super Storm Sandy with an 18ft. X 7 ft. beach house and a 23.2ft. X 12.1ft. d RECEIVED Page 2 of 4—June 4,2015 AUG 0 5 05=' '6j�AMENDED 28AN5667—Friemann SGrM#1000-117-3-8.4 APPEALS attached deck located seaward of the bulkhead. The beach house with deck is proposV t .. the same location as the original structures with a slightly larger footprint. However,,while the original structures were completely seaward of the bulkhead in the VE flood zone, the proposed accessory structure and deck extends approximately 3 feet landward of the bulkhead in flood zone X, and 12 feet seaward of the bulkhead in the VE Flood Zone.The code requires a 75 ft.bulkhead setback. AMEMMLI : During the hearing, the applicant was asked to bring,the plate into more conformity with the code. The applicant,on.August 20,2013,submitted a survey by John C.Ehlers dated 8/20/2013 noting the flood zones and the top of bank as requested by the Board However,no changes in the location or size of the acc-essory beach house and deck were proposed. ADDIMNALIN-MAMAILONµ Although there are other accessory storage and beach house structures in the neighborhood,only one was determined to exist or existed legally by virtue of having a CO or Pre- CO. While the Board has evidence that the applicant's original accessory beach house and deck were issued a Trustee's Permit in 1994 without any dimensions being noted,these structures did not have a CO issued by the Town's Building Department. However, the Board notes that even a legally existing non- conforming structure or building that is demolished--be it through human hand or an act of nature—has no legal right to be replaced in a non-conforming location. EM NGS OF 1"ACT/ S BOA The Zoning Board of Appeals held a public hearing on this application on August S,2013 at which time written and oral evidence were presented. Based upon all testimony,documentation,personal inspection of the property and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. wn L&w 2k7 b 2 . Grant of the variance will produce an undesirable change in the haraa er-oJf,.the-neighborh r--a_deWment..to-nn y.,propetties. pp 's,or inaL.ac ce so beach house and deck suffered a total loss from Super Storm Sandy and was washed away,. Due to the proposed location for the replacement accessory beach house and deck in the high velocity hazard flood zone seaward of the top of the bank and the bulkhead,° these accessory structures have the potential to suffer a high,repeatable rate of loss and pose hazards to life and property during storm surge events. 2. Town law p_67.b0jffljD. The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue,other than an area variance. The applicant has a swimming pool,hot tub and deck on his property landward of the trap of bank with steps providing access to the beach area, dock and water. He can construct an accessory beach/pool house or storage building in a more conforming location that is landward of the top of the bank. 3, awn Law. 267-b l . The variance requested herein is mathematically very substantial, representing more I00 ''� relief from the code, since the proposed beach house and deck are located seaward of the bulkhead where the code requires a 75 foot setback landward of bulkhead. 4„ 'down Law 267-b 3 b 4 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 LWRP Memorandum to the ZRA notes that the proposed beach house does:not functionally require a location on the coast and is not water dependent pursuant to Policy 3.a, It also notes that these structures should be located to outside the VE FEMA flood zone and landward of the top of the bank/bluff to further- policy 5 of the LWRP to reduce adverse environmental effects, minimize the need for future structural. RECEIVED r Page 3 of 4-June 4,2015 AUG 0 5 05 AMENDED ZBAN6667—Friemann �uq SCTM#11000.1173-8A Z�NINBOARD OF APPEALS flood protection measures, or expansion of existing protection measure and to eet-federal flood insurance program standards. . 5. Town Law 267- . The difficulty has been self-created by the applicant's request to replace structures that were never legally established in a location that is substantially non-conforming with regard to the code required bulkhead setback and within a VE FEMA flood zone. . 6._""awn 1A r� Not granting the requested relief is the minimum faction necessary to preserve and protect the character of the neighborhood and the health,safety and welfare of the community. TION Qf IM BDAM In considering all of the above factors and applying the balancing test under New York Town Law 267-13,motion was offered by Member Weisman(Chairperson),seconded by Member Schneider,and duly carried,to DENY as applied for. Vote of the Board: Ayes:Members Weisman (Chairperson), Schneider,Dantes. Nay:Member Goehringer. (Absent was:Member Horning) This Resolution was duly adopted(3-1). (Signed, adopted and filed in Original Decision) Leslie Kanes Weisman, Chairperson Approved for filing / /2013 A_bEENDED DETERMINATOM ZBA FILE: 6667 AMENDED NAME OF APPLICANT: Sanford H.and Elizabeth M.Friemann SCTM#1000-117-3-8.4 d'.to Cutcho a Harbor New Suffolk,NY. Harbor Road a ) d Harb 1'� • 1165 Old J PROPERTY LO CATION: ( WHEREAS,the Board of Appeals rendered a determination,dated September 5,2013 denying the relief sought by the applicant; and WHEREAS,the applicant commenced an.Article 78 ;proceeding challenging the Board of Appeals' determination entitled. "In the Matter of Sanford Friemann and Elizabeth Friemann,Petitioners., against the Zoning Board of Appeals of the Town of Southold,Respondent",Suffolk County Index No. 13-27015; and WHEREAS, by-decision dated December 12, 2014, the Supreme Court granted the petition and annulled the Board of Appeals determination; and WHEREAS,.the Board of Appeals served and fled a Notice of Appeal from that decision; and RECENED Page 4 of 4—June 4,Z015 AMENDED ZBA#6667—Friemann SCiM#1000-117-3-6.4 a pP,3 �11%G BOARDWHEREAS, the parties have entered into a Stipulation of Settlemena'at would provide for the issuance of a variance that would permit the construction of the Beach House and deck in accordance with the proposed reduced plan described in the Petitioners' Stipulation of Settlement, which settlement was approved by resolution on May 21,2015; M91AMON OF MU IIQAJRD-. 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 NOW, pursuant to the terms of the Court settlement, the Board of Appeals hereby amends its September 5, 2013 determination and hereby grants the area variance to permit the following construction: 1. The Beach House shall be reduced in area to 14' x 7' (a reduction to 98 sq. ft.) and located two feet(21) east of the retaining wall; 2. The deck shall be moved landward by three point two feet (3.2') and shall be reduced in area to 20'x 12.11; 3. Steps to the beach shall be attached to the north side of the replaced deck; 4. The elevation of the Beach House and deck shall be raised four feet(41)in height from their previous location All shown on a hand drawn diagram dated revised 5/21/15 and submitted with the Stipulation of Settlement as Exhibit A _^ Vote of the Board June 4,,201 S: A es:Members Weisman (Chairperson),Schneider,Dantes, Cii. Leslie Kades Weisma Chairperson Approved for filing / /2015 m�ress & gress,. 4b. aeJ S.�Drd.rb C..�aY 7'�Cram'.Acn—ors.J..+Q�•.„- - ar.ar� ra<.soar•�.+:.'�"• '!d,ra► ; i a��Belo" VMS-M�� . � aaaMaMaw/� AN�M, 3. nmeteam*Modned and asjcj► smor.r4m.made the It. day of J F Musa-XLUUM 7, UMM, i"aie Vales boo 5 M ftvXort . a , y r 6*vatt.mm�, Pima S. um am# ML now, Me "Be, m . . AUG. . . _ ZONING 90AIRP QF APPEALS o[am.seao cp t tLMe ar6e pan) ,ad the Sast pact.is of ate"` "" ,w.• •"• """ "' • , . I Aow•mmw ad to w ted swc� No otbor v' ' " W ae l a�tiir aecmd ter or 1 aad � 1 1r-ate�j sea MaMmMt�af part,.dos hesebr, , . n ethe—of e>weWawa r woo �a�i� r.. P m.. 44J. stowm, Alt "Mk a aw,crote mart set the came r. "0 Of a o�' asid g fort p"� 9f r*�ae � . Vawraatt eat`.att t aaaM itatersaa t aain of said center line of aa1A r t Almutiom41 immiument 'being 116.16 , feet a athe 4 l� w ,F� itoad fro* ka ctitheaett � f Of a as a•,�f aa"Bald Joint cef �aa�r RMMINGtbence along a aia ae,eratear-l irae of said r1ght of*aaV i north 23'.do o* � tea aMrafrvt . feet to a cet raaM r ;. .� t9aa � a . Whelan he �e� d� � T� Ing sera jmd .star cea: '. . .1( j ,*mth.79 ea r ste^c eazt 10. feet td- irk IP0 , e ea aaoaates:eat ld .C6 feet y 'water,,mazsc or Cutchoqua Harbor; «M al to aarca Along a t p l ,vourae tmd distance of Bouth*13 degrees C? � . ealong gather head vft to rJaime ale . ' Mall truer' frllaawin9Z, - d e 0 apVa:M"Y, sMa�a �- distances: j l) verse " degrees 13 m nUte,x,.-)__1e at 2l f'e t to iu� vivo;' , ( ) .a o",dv M as 16 xeatee great 11.r1� foot to the odnter� a� "I a ear im, zo fait "tight ^of war at tne of;t "or placo of a�UM� *. the f *e�*Part, In a . to'thegl d lyin below 't tit.Le and heea�!ia �� party e�f� smt'ar mark and. uu dor the waters of Cut'cho uo Harbor a Jacea t to tha �raa ter°zwl r mlira'M aaf al prevaizaee. _". K�X with an eaaz ement and rir� t of way for the puipo e"e of ingre as ad ,err*$*" Between e.ald prev i3ea and l �R r r,,load' roil " „ . Y "Jim . i and, SUIKOAS llimzv t � d ." ;. " ""' :L •tW lfl » µ�� lM .° ,.INS". "--� #01wiW.A �M�+�� ►� .,��, ►a� �� � 7. ° sr,�t,r .�hi to,tox spat at aoinm if 4allipt 14 st port o ~w K M „ yray y� r a i '��� a✓� v M r'.,, r �; " `�,. "`Y+ :�'�" "�' �����;ry•"'""� ��r"�,. *ax�.+o q�C,� .^',y "r m���",��,^"^ r,' �✓ r,,E �X iro«>rw r :� n e✓r'� r�,��� ro� d`w �-ry �A,�s' � � �' 9 � .� s9 „' �,.. a .' r ^� '°� i � ,/' �y��'u���'q""✓�"$ ;� �d�g f ,wpr" � r✓ � �7"r � � � r�✓ r�vrvr AP PEAL r � c ✓" �.,f °lnwlrv,�yN rro""', �2 ro h �„ "� di r , a.�" e „ " . . 0' r " t vita all right, title and interes4 it any.of the party_of the kn part in.and to any street+and Wed--A ttie -aw W*vc de•eriUed Pew L%—to the eettter'lines thereof. �� with the appartemttxe� am!-all *w em:e and rights a the party of the first part in and to T6 UNVE A*TO�the Plemi s herein g=ted tteto the party of'tbe aeeoat!- the heirs or and "of the pam'of tote second pact forera: n, RtCEIVED AUG 0 5 2025 ZONING BOARD,OF APPEALS » u. „ w a , o ,m • :.�` w„ of hs�mat ot"stttarc ploy'.0f.me fiat prasti t Facty :a w x `Mexapt as al ~ l of tl* A* a MS"r tlett , +"*e. �' 4t" and refit hold 640t+to :4 first for the ��m410 7Aa aw tttttsc'fttnd Vo;be•a6 l l�'�of l�l e o�the irts �� t rt`a t tfor saw ,k' r �C tl� r t.+ the brttr y of of t w , .,WOW m Amll he MtMrttewlits if-it Md tlii�w �he tl of flat: t ltaat dhly�e+f thiu� y and yen,4m _�� w.' , ,far rsooax�o•- „ r . w J on ..Vbolm SAAhXuAmbet 7. Ub*Um, a abo aad rl - �' l c �ro o•her YOW 'w low i ..;firu�M A": .= a w'a,+d ° ell �STAT/Of 1a"y4m am""'Op p � i'beFoft!x a �G r r�� d"�, ,4 1� � `"� ai;'V g � 1��9 4 a � r__,{�'� ✓o"e���I�� '��F+.��'r� y% � j"`,s"p. y' �" r� pr�edr"""r ✓ a v cb r b ro w �I ""',� eT Ad ry�u"+' ✓ a ��WY l 1"1 J q2 1 f �ij+"RN�' r rr A bw"f ww^� pr d '' Ar fl 6 d u 71 � Y'u� Fry � A"P �,✓ br �, � � ,+ ��' � � 4 � m �' � ;�'f ws ; , •'y a �@ n.: >7�r:+ mP' r IC ��� a �� � ✓"d � �„'� J �✓ 61 tr � u m a n r r u � n r " n e i " r CIO% ii''Saws u Right of Way iWCAM S..dadN,Y1.1Ua+imlial• -hxaUsM1SIMDw1 ohCw�ripsoGiomM'i Am-Idi. Nwr Co"~ rC +� t"wyyr44000) lk CONMT TOM LAINVOR WON erfOMM new 04 tl"WiLO 114 go eT t.AteTa*1 Oal � ,�)I 32171 + � THISfiIf�N the "" day of M " �a ,Wattt hurtilved and I'ait1O v- ttr" UrMNASERT L. WHELAH, residin ateDlati Harbor Road, NNw Suffolks NY 1195Fa DOUGLAS F. WHELANN, residing at 3 Deer Lake Road, Det oral, HDaD555, �NILfNI AIENNECKEENN, residing ate. st IiNpa 4 Drive, Cutchogue, NY 1 936,,RLIZAHETH FNt1ENyANfNf, residing at 1S"S Nriltet+orld Road, CutchDgue, N Y 11935, AHES M. WHELANN, residing at 2321 East Yin* Del Nor, St. Petersburgh Teach, FL 39706 an4ltATHLEEN TIERNEY, residing at 9 Overlook Drive, SouthboroAh, MI 01712, being all of the devisees under the term of the Fast Will and Taatalaent of Elizabeth Nfirttlan,4K$MeaN party of etw Am Pat%and SANFiNNlD FRIENiNUfMN and ELIEASM FNNIDPA. his wife, residing at 165 Pillswood Head, Cutchogue, NY 11935 c tarty of the WAW PLM VA71405M that Nita parry of taw Arai rrt In consideration of°pen Dollars and other valaabla e�Neratlal d by ate ra�rtt aiaNra N �aN t 1+ a atww oats ehM party of the second patty theh�1Nra of ALL that wrislra plot,place or parcoll of Naafi,with elea WU qP and ebsr"0eat04 '1101 a. Isdo RECEIVED MOPSEE SCHEDULE 'A' ATTACHED 0 25 -70NING BOARD OF APPEAL$ 32171 9CoCC, a E"E` IQJ ! oil 00 JUN la 1993 r,Ix , TOGS "N EIR wlrh call rtaht,thle and Interest,it any,of the party of the A, In en and to any strotes woad roola a4utting the aNaove scribe+!premises to the earlier tips thereat;TQCILrTttt R with the a rtensom and all ells estate and rl hte of the party of thle Arm part Nn wad to said 9p�wntlest To HAV AND TO HOLD 14 prarnMlaas here n firaaatod unto that party of dw aacand part,the Wn or sloccessm and uaa llins of a is the party of use mcow"A folerver. AND the party of 1Nte first part cavrnants that elan party of the first part lots not dare or suffered anything whirr the sold remises have Ism eneunaberad in any way whatever,vxcq N as Aforesaid, AND;,rt a party or the first part,in emir isms with Seetlotr 13 of the Litt Law,covenants that the party ate the Arty part will receive the considarat�en for rhtw comraywnee and w111 hold the rN jat to racspve out S Wild. ovation as a frost taaad'to be applied firer for eha eparrws of pa to fi the erase of Itw in rovensrnt Brad will Apply the some first to the psymant at the swat of the t byirfore vain#Any part at eha total of rho sanse,fair any outer purpose. rho carer,l""party"dalp be ronetroed aw It It read"paroles"whenever t anra of this taadenturo so r#rlutrro. IN WIYNUS WHMM,the party of tare first part has duly executed Is deed l"y and year Arse„above a written. p � •X ~) \� IN IaiaaNCE tit �^ C * ,.: .. . 1\ O _ afl 4137.� . anyn till rl"Man . ...�. .tR � BY)1 OG✓w a '. as t ee eretMto . .. STAY/Oq eQW TOOK COUNTY O/ a �TA"OC NOW VON.COUNTY 0e On the day of 19 before me On the day of 19 , before me personally Unto personally came to me known to be the Irndivklual described In and who to tee known to be the Individual described In and who executed the fore�t�oing instrument, and atltttowfased that executed the fore�oing instrument, and acknowledged that executed flee wane. executed 1/ante. STATS OF teeter YORK.COUNTY Of aq STATS t8 NtW TON,COUNTY OF aat on tine day of 19 , before me On the day of 19 , before me personally cam personally came to me known,wbo being by me duly sworn,did depose and the subscribing witness to the foregoing Inrtrurnent, wlih ny titan he;Ze ;at 'o. whom I am perworrrfI,y s"usinted, who bring by me duty t sworn,did dcpostt a asy that he;Pdee at Nob . chat he Is the 1 of that he knows .the torpowatlon described in and which executed the foregoing fnstrurrtattt i tltat he to be the individual knows the seal of said corporation;, that the seal affixed described In and who executed the foregoing tn►Iruronentt to said Instrument Is W, corporate seal; that It was so that he, said subsetibing witness, was present and saw affixed by order of the board of directors of Feld tour qre• execute the same,and that he,sold witness, don.and tiraf he elgp rod'It reams tits sto by like oti rr. at the same tints subscribed h name a witness thereto. RECEIVED AUG 0 5 2025 p"Pfaw ant t wits Inteb saCTtoN 117.00 ZONING BOARD OF APP Tttre No.1H, .NArt,"r jAaAi 1 GRANIua�s ACIS at= 03.00 ROT 008.004 MARILYN RIENECKERs ELIZABETH FR1EMANNa COUNTY OR TOWN Suffolk JANES M. WELAN AND KATHLEEN TIERNEY TO SANFORD FRI and ELIZABETH FRI R.delm Al xegwrt a Plot Maarlpn 71tle InNrr�n Coweanr d Now YaY aaTURN ST MAIL TO trI1NMANl Yew w,wre sessa e►rent s�reee.+*riNa � r"`a �,."�: "" �� ��� tx,Maw.i av First Ameriran 77tre!llJtflra.1eecompany of New York71 i , . fl � A . e 4 • a w RECEIVED SCHEDULE, A ( rlption) AUG U 5 2025 ° PAP 1281064 ZONING BOARD OF APPEALS All that cartaln plot,aece a parcel of lVid,with the bulldlnp and Imp a 11ow erected, eiluate, tyingandbsing at New Suffolk, in the Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a point on the center Line of a certain right of wall distant 192. 74 feet northerly along said center line from its inter- section with the northerly side of !Old Harbor Road, said cants lino at said intersection with Old Harbor Road being distant 116. 46 foet southeasterly from the southeasterly corner of land now or forraperly of !tarry Mason; RUNNING TlILNCE along said center line of said right of way, North 23 degrees 23 minuted 00 seconds East, a distance of 93 .64 font to land now or formerly of Koehler; RUNNING THENCE along said last mentioned land, South 66 degrees 37 minutes 00 sec:onds. East, a distance of 192.00 feet to the ordinary high water line of Cutchogue Harbor; RUNNING THENCC southerly along the said ordinary high water line of Cutchogue Harbor on a tie Line of South 24 degrees 39 minutes 50 seconds West, a distance of 105.18 teat; RUNNING THENCE North S4 degrees 59 minutes 00 seconds West► a distance of 37 .00 feet; RUNNING THENCE South 18 degrees 01 minutes 00 seconds West, a distance of 23.95 feet to land now or Formerly of Douglas F. Whelan and Patricia Whelan; RUNNING THENCE along said last mentioned land, North 54 degrees 59 minuted 00 seconds West, a distance of 148 .70 foot and North 79 degrees 31 minutes 00 seconds West a distance of 10 .26 'Feet to the point or place of BEGINNING. TOGETHER with an easement over a 20 foot wide right of way as described in Libor 4846 cp 95, Libor 5116 cp 474, Libor 8369 cp 326 and Libor 8369 cp 331. 1000 117.00 03.00 008.004 r RECEIVED AUG U 2025 ZONING BOARD OF APPEALS STATE OF NEW YO A K) s e*. : COUNTY OF S64e?%)6I10 On this ,2 *" dory of MON--CJ" 1993, before me came ROBERT L. WRELAN, to sue known to be the individual described in, and who executed, the foregoing instrument, and acknowledged that he executed the same. As STATE OF���� ) COUNTY OF On this day of 1993, before, me came DOUGLAS 11. WHELAN, to me of to be the individual described ire, and who executed, the foregoing instrument, and acknowledged that he executed the same. f fl: AlViatmfCor,fVrsfr"ry F`ubl+c Fre orrcc County SWA Of 11jryfa�rjcf C "'WOn EXPIrou Fogy 17, f 9,q7 STATE OF /V6W XOR 4 2 se. : COUNTY OF 54 NCaL4 On this day of Al st v c + , 1993, before me cafe MARILYN Al2N; CKBR, to me known to be the individual described in, and who executed, the foregoing instrument, and acknowledged that she executed the same. f IMMrIwMlf a RECEIVED AUG U 5 2025 ZONING BOARD OF APPEALS C� STATIC OF NOW ula,90 C: I COUNTY OF Sa GFu 6K) "'wY On this 30''01 day of Mp— ,'C�Ll , 1993, Were me came ICL ICABICTS !N'R"111MANN, to me known to be the individual described in, and who execulted# the foregoing instrument, and acknowledged that she executed the same. 14pov STATIC OF f`LoRIuA ) COUNTY OF PIN E(-&-A s) On this '4 day of A ppeo' 1993, before me came iAMICS W. WHICLANo to me known to be the individual deaccribed in, and. who executed, the foregoing instrument, and acknowledged that he executed the emm. Agw �sII�wIINllrw� os STATE OF COUNTY OF On this 104* day of , 1993, before me came KATHLXXN TIERNEY# to me known to be the individual described ..n, and who executed, the foregoing instrument, and acknowledged that she executed the Tame. imm a., LAW NOTARY 1.� LAMY INSURANCE �tN�' Mr Commission Ir*s< AI F"M Of I� aim RECEIVED AUG 0 5 2025 ZONING BOARD OF APPEALS r ww" w too "Nib dN IMF �� Mrr�ar�A�rM, RECEIVED 617.20 AUG U 5 2025 Appendix B w-q Short Environmental Assessment Form ZONING BOARD OF APPEALS Instructions for Comptetin Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information Name of Action or Project: Lehnert Residence-Addition Project Location(describe,and attach a location map): 1165 Old Harbor Road, New Suffolk NY 11956 Brief Description of Proposed Action: Addition of a 630 SF second story for new family room and outdoor deck over an existing one story dwelling. New 343 SF Covered front porch Name of Applicant or Sponsor: Telephone: 347.475.0381 Paul Capece E-Mail: pcapece@pacsarch.com Address: 153 West 27th Street, Suite 601 City/PO: State: Zip Code: New York NY 10001 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that X may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: X Board of Town Trustees 3.a.Total acreage of the site of the proposed action? .4394 acres b.Total acreage to be physically disturbed? .0078 acres c.Total acreage(project site and any contiguous properties)owned .4394 acres or controlled by the applicant or project sponsor? 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial X Residential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑Parkland Page 1 of 4 RECEIVED 5. Is the proposed action, AUG NO YES N/A a.A permitted use under the zoning regulations? S(IX b.Consistent with the adopted comprehensive plan? taING 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: Long Island Tidal Wetlands 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? c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: X 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: X 11. Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: X 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? X b. Is the proposed action located in an archeological sensitive area? X 13. a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO 1 YES wetlands or other waterbodies regulated by a federal,state or local agency? X b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? X If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ® Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional ® Wetland ❑Urban ® 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, X a.Will storm water discharges flow to adjacent properties? ®NO ❑YES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO®YES Existinq drvwell to be used or new drvwell to be orovided Page 2 of 4 18.Does the proposed action include construction or other activities that result igovolV90ndment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: X 19.Has the site of the proposed action or an adjoining property been NO YES solid waste management facility? If Yes,describe: X 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: X I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Paul Capece Date: 07.29.2025 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 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energ conservation or renewable energy 2 rtrtunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 RF-CEiVED No,or Moderate AUG u � �� small to large impact impact 60,0 may may occur occur 10. Will the proposed action result in an increase in the peter is dr erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration, irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 Board of Zoning Appeals Application RECEIVED AUG 0 5 2025 OWNER'S AUTHORIZATION' (Where the Applicant is not the Owner) ZONING BOARD OF APPEALS 1 William Lehnert and Dana Lehnert residing at 106 Brook Street, Garden City NY 11530 (Print property owner's name) (Mailing Address) do hereby authorize Paul Capece (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. -24 (Owner's Signature) William Lehnert and Dana Lehnert (Print Owner's Name) RECEIVED AUG 2025 APPLICANT/OWNER M, TRANSACTIONAL DISCLOSURE FORM ZONING BOARD OF APPEALS The Town of Southolds Code of Ethics Rrohibits Conflicts of interest on the nart of town officers and ern ployeq.The purpgLe of this form is to grovide information which can alert the town LA possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME : William Lehnert and Dana Lehnert (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 X 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 If you answered"YES",complete the balance of this form and date and sign,,where i di ated. Name of person employed by the Town of Southold C N Title or position of that person � IS� zo o 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) Q an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP -C) Submitted this day of 2 02�' Signature Print Name REC:LiVh:D AU L J-1 ZONING BOARD OF APPEALS AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics probibitS conflicts of interest on the art oftown officers and etn to +ees.The Rurl3ose of this form,is to provide'information which can alert the town of g2ssible conflicts of interest and allow it to take whatever action is necessary to avoid saris . YOUR NAME : Paul Capece (Last name,first name,middle initial,unless you are applying in the ,ame 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 X 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 Submitte this d o ,20 �� DAA 41 �,5TRI c� �at� ate cf e�y�'yar Signature t ksi it N "fac00CN s> re 7 Print Name VIAA Town of Southold RECEIVED LWRP CONSISTENCY ASSESSMENT FORM AUG 0 5 2025 A. INSTRUCTIONS ZONING BOARD OF APPEALS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000 - 117 - 3-8.4 The Application has been submitted too((check appropriate response): Town Board Planning Dept. L!11 Building Dept. ® Board of Trustees 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital E° construction,planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant,loan, subsidy) (c) Permit, approval,license, certification: Nature and extent of action: Addition of a 630 SF second sto for new famil room and outdoor deck over an existing one story dwelling. New 343 sf covered front porch Location of action: 1165 Old Harbor Road, New Suffolk NY, 11956 Site acreage: 0.4394 acres RECEIVED Present land use: Residential - One Family Dwelling AUG U 5 2025 Present zoning classification: R-80 zot4ltoo RGAF49, F 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:, William Lehnert and Dana Lehnert (b) Mailing address: 106 Brook Street, Garden City NY 11530 (c) Telephone number: Area Code ( 516-319-1342 (d) Application number,if any: Will the faction be directly undertaken,require funding,or approval by a state or federal agency? Yes D No I'�.I If yes,which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. x]Yes E] No Not Applicable The proposed addition makes use of e�c"rstin development and infrastructure Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria 13 Yes 0 No R 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 it x-l Yes F No F Not Applicable Proposed design maintains the character of the home and the neighborhood enhancing the visual quality from the Shore. Existing open space vise e tmm the Shore will not be disturbed RECEIV Attach additional sheets if necessary NATURAL COAST POLICIES ZONING BOARD OF APPEALS 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 R Yes 0 No [] Not Applicable Proposed addition does not affect existing bulkhead and bluff zone 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 IR Yes El No F Not Applicable Proposed on site stormwater management to drywell avoid the transport of pollutants. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. © Yes D No F Not Applicable Proposed work does not disturb existing tidal wetland. Existing buffers will be maintained and rotected Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. �r Yes ❑ No© Not Applicable RECEIVED 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. ❑ Yes [:1 No X Not Applicable q u Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. Yes ❑ No © Not Applicable 0- 34' ' nAkRD OF Apt' 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. Yes ❑ No [I Not Applicable 'ro O ed 'I !'iOn W!" rrl aii code re uirerrnenla for envetO a aeaii nand in ulali0 which vwriMi reduce 1 e demand Of energy required fear heating and cOOiing Created on 5125105 11:20 AM 0 O y C .. CD p m CD -ro : � 0 Czi) o CD Z o m O Q r ifiv- NqP' v CD CD 67 T �1! TI O CD � � °riNl. �1P✓sW j%L�f� i D T .... w. . O Z cn z C m co 01 Rl \1-1/ ll� ( DO DO DO Di 0 CD CD 0 CD o z o z o z o z o z Cn > o � m � m m m � o n n Q Q D Q z D m o o o o D D 0 0 0 0 0 n m m D D F ern D n n � -- 0 0 0 0 0 0 0 0 " m m :73- AUG05 2025 ZONING ag"o OF 4PPEALS o o O m -� A O c p C,i7 0 0 cn o CD 2 oT cNr CD CIO z CD m � C � Fm CD CD o C o Z m m C-) -Ti Cn o T � T CD O r 7C D ' Lrl O I y r f/ O AUG rI y, 202 ZONING QQ�¢�®@""'eP6ALS CD O k, r C) pCD O 0 ey ICJ = � _ m =7Cl) CD CD 0 D O 0-1 CD ii 0 -70 CD A�� O CCD D O v CD -71 Cn C � T O �< I 0 Q Alit m CD ��„ AUG 0 ZOA1O80 Rp FA D prTi ��CJ z T O z � � D n D rn O O �`Ilu CD O O 0 C3 O p mCD O r : O E3 z o CD D z c% cn w m Q CD O FT-1 m o C D CD CD �p D O 0 m Z o IIcn 1CD CD -► � -n o O r 7) o RECEIVED D AUG U b 2025 0 ZOMING BOARD OF APPEALS 03 11 f%%!oiiiirr u, m r ei C7 0 a = o z CJ) � 0 m D c7 D 0 m I1 i' o p CD O 0 n D Q c-" O CD m CD v? Ci1 r CIO O� CCD o N � � D U' D Cn w mm III rn rn CD CD C O D v z m cn �` c m T O r CD Ln n -v r c� O z V,I y+ 1 1 Z r RECEIVED �/fe AUG 0 5 2025 ZONING-goAR®QP APPEALS 9 _CD p CD p 'f r i cn v ,� D M O CDZ ""arm D CD %' � r i cn CD CD rl��r z m cn c T z /r, m/i% RECEIVED N 00 AUG U b 2025 ZONING 9 AR®®F APPEALS r co A � C7 � z CJD � 0 a FT-1 n U�u��Gry D m b O J O W J J Cl7 Q N O O 0 Q 0 d W - 'I � Qcc LLJ Cd H W z d w r "' O c7 -J w o d > Y !� H 2 0 ¢ cf zp W � p TV Q w LL N � a 0 � m a U 3 w d o i 1 w ' v } CCJ a a O io E4 IV AU U o s PEA LO .� 0 0 P0 ¢ z U O �.a V { 44 Wuj k N CL �o d �ry ram► CEO IED i � A Z a d kt ce III de L tl w , g �' z , a ° N ¢¢ s �.6 8 ?vim W�71 LL a LuIL Lu ° i M � w i a . 4 tup J y U-j �i Z @ Yw 4 y, LLI rir b RECEIVED ° AUG u 5 2025 z . �, - r. ZONING BOARD PEALS Lij Ln r °1 t LtlLn LLJ b � a d y x r a 1 G (0 G (D N J & Po q M C tV� °uj U ®F P ' ��W r C O LU � Z Z LU " Ow Q Q w k uj LU d z Qce > �. � 6 0 um o uj LLJ o i k i Of Z in J Z o q _ J m fi w Q Q ~ m > .. J C C.n ... ._.._._ ..,. W LU L J z Lu Vo , � � w 4 0 0 o i � Q w Z �i — o a w b 0 J $, Qj r k ,0 NA r ..4. \ ' C. L { o Q _ ul (n t CO LL_ _ A17 ti w. 4 4 �mm f 14 X LT_ T o�, , +- Li.. 0] W d � 1 x � a r a � � 00 M _3' c: rT W •1 ° it'd f`f c,, w 6E6E6E r C AT O u AMMIL PAGS ARCHITECTURE RECEIVES 'AUG 0 5 2025 LETTER OF TRANSMITTAL ZONING BOARD OF APPEALS Date: July 31, 2025 From: Paul Capece To: Town Of Southold Zoning Re: Area Variance Application Board of Appeals Firm: Zoning Board of Appeals Project, No. Lehnert Residence/2437 P.O. Box 1179 &Address: 1165 Old Harbor Road Southold, NY 11971 New Suffolk, NY 11956 ® Drawings ® For Approval ® Over Night: Via FedEx ❑ Specifications ❑ As Requested, ❑ Mail ❑ Samples ❑ For Review& Comments ❑ Messenger ® Other: Application ❑ For Your Use ❑ Hand Delivered Quantity Drawing No. Date Description 09 07.30.25 ZBA Application Form 09 07.30.25 Project Description Form 09 07.30.25 Questionnaire 09 07.30.25 Certificates of Occupancy /Prior ZBA Decisions 09 07.30.25 Covenants and Restrictions- Ingress & Egress &Right of Way 09 07.30.25 Town Property Card 09 07.30.25 Environmental Assessment Form (EAF) 09 07.30.25 Owner Authorization Form 09 07.30.25 Transactional Owner & Agent Disclosure Form 09 07.30.25 LWRP Form (if applicable) 09 07.30.25 Notice of Disapproval 09 07.30.25 Photographs 09 07.30.25 Certified Survey 09 07.30.25 Drawing Set- Full Scale (02) & Half Scale (07) -Arch. (14pg.) 01 07.30.25 Check 153 WEST 27TH STREET,SUITE 601,NEW YORK, NY 10001 347.475.0381 PACSARCH.COM 1 of 1 RECEIVED PACs AUG 0 5 2o25 ARCIIITEC I URE ZONING BOARD OF APPEALS 1000-117-03-8.4 ZBA Application August 4th, 2025 Lehnert Residence Front Porch Addition 1165 Old Harbor Road New Suffolk, NY, 11956 ZBA Area Variance Application — Submission Cover Checklist 1. ZBA Application Form 2. Project Description Form 3. Questionnaire 4. Certificates of Occupancy/ Prior ZBA Decisions 5. Covenants and Restrictions- Ingress & Egress & Right of Way 6. Town Property Card 7. Environmental Assessment Form (EAF) 8. Owner Authorization Form 9. Transactional Owner&Agent Disclosure Form 10. LWRP Form 11. Notice of Disapproval 12. Photographs 13. Certified Survey 14. 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