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HomeMy WebLinkAbout#8071-Garcelon ZBA Application LO FORM NO. 3 96�1 I TOWN OF SOUTHOLD Rece�" BUILDING DEPARTMENT SOUTHOLD,N.Y. OCI 14 2025 NOTICE OF DISAPPROVAL Zoning Board of Appeals DATE: September 17,2025 TO: Sarah B Malinowski PO BOX 402 Fishers Island,NY, 06390 Please take notice that your application dated September 17,2025: For permit to: to construct a neww single-family dwelling with rear deck addition at: Location of property: Right of Mqy off The Gloaming,Fishers Island NY County Tax Map No. 1000—Section 10 Block 9 Lot 13 Is returned herewith and disapproved on the following grounds: The proposed construction on this non-confonnin 490 sq.ft.parcel in the R-40 residential district is not permitted pursuant to Article XXIII,,Section 280-124 which states lots measuring less than 20 000 square feet in total size re Mira a minitnuirn front and setback of 35 feet a minimum side yArd setback of 10 feet a miriLmum combined side yard setback of 25 feet and re wire a maximum lot cove a of20% The sUnM shows a front ygld setback of 16 feet. The survey shows a side vard setback of 5.5 feet.. The serve shows a combined side yard set ack of 17 feet. The surve shows a lot coves: a calculation of24.24%. In addition..the proposed additions are not gmnitted ursuant to Article XXXVI Section 2 0-205 which stag any buildin of structure on an lot in R- 0 must,be within the sk plane. The buildin leas indicates structure to be be and tl►e 9imitafthe sk 1 e.,,; 4 2025 Zoning Board of Appeals X66rized Signa Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file,ZBA Fee:$ Filed By: Assignment No. OCT 14 2025 APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS ning Board of Appeal: AREA VARIANCE House No. Street The Gloaming Extension Hamlet Fishers Island SCTM 1000 Section 10 Block 9 Lot(s) 13 Lot Size 0.14 +/- ac. Zone R-40 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 9/17/25 BASED ON SURVEY/SITE PLAN DATED 11/18/24 Applicant(s)/OwnerO: Travis & Sofia Garcelon Mailing Address: P.O. Box 766, Lyme, CT 06371 Telephone:(207) 329-2522 Fax: Email: trgarcelon@gmail.com NOTE:In addition to the above please complete below if application is signed by applicant's attorney,agent, architect,builder,contract vendee,etc.and name of person who agent represents: Name of Representative: Sam Fitzgerald Architect, PC for( )Owner(X)Other: Agent Address: 15 E. Putnam Avenue, #234, Greenwich, CT 06830 Telephone: (860) 287-3808 Fax: Email: sam@sfapc.net Please check to specify who you wish correspondence to be mailed to,from the above names: ( )Applicant/Owner(s), QQ Authorized Representative, ( )Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 11/18/24 and DENIED AN APPLICATION DATED 9/17/25 FOR: (X)Building Permit ( )Certificate of Occupancy ( )Pre-Certificate of Occupancy ( )Change of Use ( )Permit for As-Built Construction ( )Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: XXXIII Section: 280 Subsection: 124 Type of Appeal. An Appeal is made for: (X)A Variance to the Zoning Code or Zoning Map. ( )A Variance due to lack of access required by New York Town Law-Section 280-A. ( )Interpretation of the Town Code,Article Section ( )Reversal or Other A prior appeal( )has, (X)has not been made at any time with respect to this ro ert UNDER Appeal No(s). Year(s). . (Please be sure to research before completing this question or call our of,jice for assistance) Name of Owner: ZBA File# - 2 - REASONS f'CI'fC APPEAL (I'lease be.sj)ecifc, additional,sheets may be used with preparers OL 4 2025 signature notarizeclj: 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a det&Apg,&WP of Appear properties if granted,because: The subject property is problematic in several ways: 1) it is significantly undersized for its zone; 2) it is an irregularly-shape lot; 3) it is in a flood zone. No viable house design will fit within the allowable building area. This is a dense neighborhood of small lots, all undersized for the zone. By and large,the surrounding houses have non-conforming setbacks and exceed the maximum allowable coverage. The setbacks and coverage of the proposed house, while non-conforming, are more aligned with—and favor—those of the surrounding area.Achieving zoning compliance would not create a house more in character with the neighborhood. The setbacks and coverage as proposed would create no undesirable change to the character of the neighborhood. The intention with the proposed design is to keep the house within the height and scale of neighboring houses. It is a two-story house, but raised above the Base Flood Elevation (BFE). Even with this elevated height,the proposed house still falls within the scale 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: The size and shape of the subject property make zoning compliance especially difficult. No viable house design will fit within the allowable building area. 3.The amount of relief requested is not substantial because: With the proposed house, the lot will be of a coverage and scale that is commiserate with the surrounding properties. 4.The \ariance Ns ill NOT have an adverse e['lect or impact on the physical or enNironmental conditions in the neighborhood or district because: The proposed house will be raised above the BFE,with no impact on coastal conditions.There is an eAsting manmade rock slope along the waterline that Is very stable. All roof run-off will be captured and discharged on site. is 1las the alleged difficulty been self created? ; ; Yes,or X No Why: While undersized for its zone,this Is a lawfully created and buildable lot. Are there any'Covenants or Restrictions concerning this land? X No ; } Yes(please furnish a copy) This is the MINIMUM that is necessary and adequate,and at th,same time preserve and protect the character of the neighborhood and the health,safety and skellbri of the cornillUit '. M�Mr,V a kA A 1N N l,tf * � cv S'Nw rt t r LaHsrre uar r9ri , +9t',- ` . w"".� _ of "�1�'. _a •20 �• �,9 T x.V p, 16tvtt fur Applicant or th ized Agent • (;1g nlZs t s .sudbmit w itnm,A,aa horizaii+u from Ovaier)� r w Ou,uuuluG"traulixu:�auflolkt�aauuuf� a ��"«' nr N¢ro¢«�u Pautulir state of Ne rrYork «, CommMy n s uufx@utr Nlovem r0 ,2M� ''�r Ia,+tau awavw APT-'ICANT'S PROJECT DESCRIPTION Samuel W. Fitzgerald, agent, for APPLICANT: Travis & Sofia Garcelon DATE PREPARED: 1. For Demolition of Existing Building Areas OCT 14 2025 Please describe areas being removed: None -- currently a vacant lot II.New Construction Areas(New Dwelling or New Additions/Extensions): Z®f)ar)g Soard of Appeals Dimensions of first floor extension: Proposed newly-constructed house - first floor: 15'-0" x 9'-0" Dimensions of new second floor: 45'-0" x 25'-0" Dimensions of floor above second level: n a Height(from finished ground to top of ridge): 30' Is basement or lowest floor area being constructed? If yes,please provide height(above ground)measured from natural existing grade to first floor. No basement III.Proposed Construction Description (Alterations or Structural Changes) (Attach extra sheet if necessary).Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: This is a vacant lot-- no existing structures except fora dock. Along the water line there is a manmade stone slope. Number of Floors and Changes WITH Alterations: Newly-constructed two-story frame residence totaling 2,100 sq. ft., elevated above the Base Flood Elevation. There is a 135 sq. ft. entry on the ground eve , with the rest of the house entirely onthe first & second floors a ove. T 459-s-q-1— decRruns along Me water side of the house. IV.Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: none -- proposed building area isl,575 sq. ft. Proposed increase of building coverage: Square footage of your lot: 6,490 +/- sq. ft. Percentage of coverage of your lot by building area: 24.3% V. Purpose of New Construction: Sin le-Famil Residence 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): The lot is completely flat currently vacant with no structures save for a dock and is mostly lawn with no other vegetation. The lot fronts on West Harbor. Along the water line, there is a vea stable manmade stone slope. There are no natural difficulties in meeting code requirements. Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction,and photos of building area to be altered with yard view. - 4 - 4/2012 Revised 6/2023 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION Received Q� A. Is the subject premises currently listed on the real estate market for sale? OCT 14 2025 Yes J,/_No Zoning Board of Appeals B. Are there any proposals to change or alter land contours? No Yes,please explain on separate sheet. C. 1.)Are there areas that contain sand or wetland grasses? q" 2.)Are those areas shown on the survey submitted with this application? ES p ty p g area? 3. Is the ro er bulk headed between the wetlands area and the upland building 4.) If your property contains wetlands or pond areas,have you coat ed the Office of'the BOARD OF TRUSTEES for its determination of jurisdiction? Please confirm status of your inquiry or application with the Board of Trustees: T6191 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? WO _ 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? CIO_ 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? 4!9- If yes,please label the proximity of your lands on your survey and identify the Suffolk County Tax Map No. I. Please listr sent use or operations conducted at your property, and/or the proposed use {0 J. (examples:existing single family,pr posed,:same with garage,pool or other) Authorized nat i Date Received AGRICULTURAL DATA STATEMENT I ZONING BOARD OF APPEALS O C I 14 202 TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This form must be completed by the applicant Joan s a fe Appeals perrrrit,site plan approval,use variance, area variance or subdivision approval on property 1vithin an agricultural district OR within 500 feet of a farm operation located in art agricultural district: All applications requiring an agricultural data statement must be referred to the Suflolk County ,Department of Planning its accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: Travis Garcelon 2. Address of Applicant: P.O. Box 766, Old L me, CT 06371 3. Name of Land Owner(if other than Applicant): 4. Address of Land Owner: 5. Description of Proposed Project: Proposed new two-story single family residence 6. Location of Property: (Road and Tax map Number) SCTM# 1000 -- 10 -- 9-- 13 The Gloaming Extension, Fishers Island, NY 7. Is the parcel within 500 feet of a farm operation? { } Yes �K) No 8. Is this parcel actively farmed? { ) Yes {X} No 9. Name and addresses of any owner(s)of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff,it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office(765-1937)or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. 2. 3. 4. 5. 6. (Please use tJ1c back of this page if there are additional property owners) �5 � nllS S � i 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. —21 6I Z20 Appendix B Short Environmental Assessment Form Recr3 ',n Instructions for Corm fetin 0C i 14 2025 I Part 1-Project Information. The applicant or project sponsor is responsible for the co l tj9q "6r rf. awes 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: Garcelon Residence Project Location(describe,and attach a location map): SCTM# 1000 Section 10, Block 9, Lot 13 The Gloaming Extension, Fishers Island, NY 06390 Brief Description of Proposed Action: Proposed newly-constructed two-story single family residence totaling 2,100 sq.ft. Name of Applicant or Sponsor: Telephone: 860-287-3808 Samuel W. Fitzgerald, agent E-Mail: sam@sfapc.net Address: 15 E. Putnam Avenue, #234 ty State: Zip Code: Greenwich CT 06830 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: ZBA, DEC, Trustees, Suffolk County Health Dept, Southold Bldg. Dept. X 3.a.Total acreage of the site of the proposed action? + - acres b.Total acreage to be physically disturbed? 0.05 +/- acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 0.14 +/- acres 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 - 16 - 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? X 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? OCT 14 2025 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: Fishers Island X 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES X b.Are public transportation service(s)available at or near the site of the proposed action? X c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? X 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: X 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: X 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: X 12, a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? X b.Is the proposed action located in an archeological sensitive area? X 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? X b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? X If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑ Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional ❑ Wetland ❑Urban M 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? M NO❑YES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO M YES ownspou s will be tied f6­_n_e_w_U_rywel s Page 2 of 4 - 17 - 18.Does the proposed action include construction or other activities that result in the impoui�ument of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? I If Yes,explain purpose and size: 1C 1 w �R 19.Has the site of the proposed action or an adjoining roe been the location of an active or ds p p J g proper rh' dd O YES solid waste management facility? Zoning Board of Apogals If Yes describe: 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: I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE pplicarrt/spono name: U)• Date: Signature: MA" 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 L 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 ener `v conservation or renewable ewer y olapsrtrznitie ? 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 - I � No,or Moderate ,small to large e �iii� impact may may 25 occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? Zoning BW rd of 1 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 - 19 - Board of Zoning Appeals Application OCT 14 2025 OWNER'S AUTHORIZATION CATION Zoning Board of Appeals (Where the Applicant is not the Owner) G (�L iJ residin at 0 X 7 (P w I, a (Print property owner's name) (Mailing Address) -11 D L Q C r o hereby authorize (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. (Owner's Signature) Vkm � 64, Pc L HIV (Print Owner's Name) 2� — 1X1 RECORDEDReceived Number of pages 2G25 17ar 31 03:32:18 PM UINCENT-PULED 0 C i 14 2025 CLERK OF This document will be public 5UFFOLK CrtiINTY record. Please remove all L DO0G13209 Zoning Board of Appeals Social Securit Numbers P 512 y UT# 24-26423 prior to recording. J • Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording I Filing Stamps 3 FEES Page/Filing Fee Mortgage Amt. .m 1. Basic Tax ..-...._, Handling 20'• 00 2, Additional Tax _ TP-584 Sub Total SpecJAssit. Notation _ or EA-52 17(County) Sub Total Spec./Add. TOT.MTG.TAX _ EA-5217(State) �- Dual Town Dual County_ R.P.T.S.A. Held for Appoitnj Comm,of Ed. 5. 00 Transfer Tax �CJJ V Affidavit + Mansion Tax The property covered by this mortgage is Certified Copy or will be improved by a one or two NYS Surcharge 15. 00 family dwelling only. Sub Total YES or NO Other � Grand Total � �•� If NO,see appropriate tax clause on page li of this instrument, I4--5 4 Dist. 25012316 iaoo oioaa o9oo am000 5,. Community Preservation Fund Real Property P T g Consideration Amount $ 20 Tax Agency S Service R wa A I III I�I IIIIull III II F ax Due $ Verification ` Improved 6 SatisfactionslDisch rges/Releases List Property Owners Mailing Address RECORD&RETURN TO: Vacant Land' H i2rLi9 a a TD TD �ioao .� TD Mail to:Vincent Puleo, Suffolk County Clerk 7 Title C2mpany In ormati g 310:Center Drive, Riverhead, NY 11901 ^r rAtc-1+r 5„ �,)C , www.suffolkcountyny.govlclerk Q.Naml Title# Suffolk fount-v Recording & Endorsement Pailp This page forms part of the attached made by: (SP.C'IFY TYPE OF INSTRUMENT) P �17z"JD!J sw• The premises herein is situated in SUFFOLK COUNTNEW YORK. TO In the TOWN of ��,PG't LOhI In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLAC,KA'f4K ONLY PRIOR TO RECORDING OR FILING. rr"urawjoM (over) BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S Received ACTS(INDIVIDUAL OR CORPORATION) STANDARD NVBTU FORM 8007 OCT 14 2025 CAUTION:THIS AGREEMENT SHOULD BE PREPARED BY AN ATTORNEY AND REVIEWED BY ATTORNEYS FOR SELLER AND PURCHASER BEFORE SIGNING. THIS INDENTURE,made the (9 I day of Jla V3 2025 ZOna�lg gOc�ff1 of Appeals between STEVE MALINOWSKI AND SARAH MALINOWSKI,residing at no#Oriental Avenue,Fishers Island,NY 06390 parry of the First part,and TRAVIS GARCELON and SOFIA GARCELON,as husband and wife,residing at 86 Joshuatown Rd.,Lyme CT 06371 parry of the second part, WITNESSETH,that the party of the first part,in consideration of Ten Dollars and 00/100 and other valuable consideration,paid by the party of the second part,does hereby grant and release unto the party of the second part,the heirs or successors and assigns of the party of the second part forever, ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected, situate,lying and being in the SEE SCHEDULE A ATTACHED(DESCRIPTION OF PREMISES) BEING AND INTENDED TO BE the same premises described in a deed recorded in the Suffolk County Clerks office on 12/13/2016 in Liber 12892 page 242 TOGETHER with all right,title and interest,if any,of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAKE AND TO HOLD the premises herein granted unto the party of the second part,the heirs or successors and assigns of the party of the second part forever. AND the party of the first part,covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever,except as aforesaid. AND the party of the first part,in compliance with Section 13 of the Lien Law,covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word"party"shall be construed as if it read"parties"whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written_ IN PRESENCE OF. ry STEVE MALINOWSKI i SA RAH MALIN'OWSKI NYSBA Residential Real Estate Forms on HotDOes'(9/00) Copyright Capsoa'Development .t. A WESTCOR LAND TITLE INSURANCE C-OMPANY 00 1 2 SCHEDULE A LEGAL DESCRIPTION Zoning Board of Appeals Issuing Office File No,EA3712-5 ALL that certain plot, piece or parcel of land, situate, lying and being at Fishers Island, Town of Southold, County of Suffolk and State of New York, more specifically bounded and described as follows: BEGINNING at a drill hole, said being 1626.53 feet north of a point which is 108.42 feet east of a monument marking the U.S. Coast and Geodetic Survey Triangulation Station "BRS"; and THENCE RUNNING South W degrees 42 minutes 00 seconds West, 101.19 feet; RUNNING THENCE South 83 degrees 11 minutes 00 seconds East, 58.00 feet to a spike; RUNNING THENCE North 34 degrees 34 minutes 00 seconds East, 82.34 feet to the shore of West Harbor; RUNNING THENCE along said West Harbor the following two (2)courses and distances: 1. North 49 degrees 58 minutes 15 seconds West, 15.47 feet; 2. North 61 degrees 43 minutes 57 seconds West, 65.05 feet; RUNNING THENCE South 42 degrees 35 minutes 40 seconds West, 6.20 feet to the point or place of BEGINNING. TOGETHER with a right of way over the existing roadway leading northerly and northwesterly from the Gloaming to the above described parcel. 9 Said premises also being part of Lot 6 in Block 7 on a certain map entitled, "Lots on Fishers Island", p filed in the Suffolk County Clerk's Office on September 23, 1878 as Map No. 339. b FOR CONVEYANCING ONLY, IF INTENDED TO BE CONVEYED: TOGETHER WITH ALL RIGHT, TITLE AND INTEREST OF, IN AND TO ANY STREETS, ROADS, OR AVENUES ABUTTING THE ABOVE DESCRIBED PREMISES, TO THE CENTER LINE THEREOF. a Received OCT 14 2025 Zoning Board of Appeals State of New York ) ss. County of Suffolk ) I On this pJ/ 64 day of jiq/9(A*r 2025,before me,the undersigned,personally appeared Steve Malinowski and Sarah Malinowski,personally known to me or proved to me on the basis of satisfactory evidence to the be individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacities,and that by their signatures on the instrument,the individuals,or the person upon behalf of which the individuals acted,executed the instrument. ~ w Nota ublic 9A'SON W OS NA r*'*.'u�rrsern►nr.w.,N t?uaYdd 0+' utlxdk dour NtyCaryPubic-StatoolN+rwYotlk No,DIOR63W$4 f 1 NYSBA Residential Real Estate Fora s on kotDoce(9/00) Copyright Capsofl'Development .Z. :. 1NSTRUCTl0NS(RP-9217•POF4NSk Mawwr•1xpLSBaterty.lis FOR COUNTY USE ONLY Now Park Star D@Mrbmnt of C1.SWISCode yy � Taxation and Finance Received ?j CZ.Data Dead Raeotdad 1 �S Office of ad Property Tau SerA me � ��..... Re Cs.Book 1 �12" �. a" RP-6217-PDF N 114 2025 Real Prep Lift Trars/er Report(9110) PROPERTY INFOREMTfON Zoning Board of Appeals I.Pmpab O -WBORWAM LAeatlat a, wawa � crvaaiaeaM SOUTHOLD FISHERS ISLAND 06390 VIAW sees LBuyer GARCELON TRAVIS Nome Awn** GARCELON SOFIA I.W taweaar~ Tens ewer S.Tarn hrtaule rhera lusts Ta®e o to ba sent 0211no dadar dyrr.aayllr saaarr4al4ma) rraMMMMeaaalRAIYM' rTarrrMtsd Address raesae wMry araawrwc pr.an tow arena arxar 4,ehttwab 0ae aaeekoref AaaamrratM Icy a Pen of a Pares!)Chant as say apply: Rea petransferredrtransferredoe roo d-1 era Preab p)pp ❑Pen d a Pmiemi 4A.Ranting Board seat SubdWNr Amiharay EWr ❑ L DsdPeroRY •eouT X .� OH se.9edarrrr Approsmiwes Raquaea ran Tranfar ❑ Same AC.Pared Apia ax&OS Mial aRh Map Provided ❑ NALINONSKI STEVE LSeear -LmrrftmWW0WPPW mw;Rd.. Nome 14ALINOWSKI SARAR LAST raeewraane MwtrMNM 7.Soled do description tooth Tama~ecavetsly describes the Check am ban be$*-as 0my ep pin.. a"mflnw property at the"adrmodc L Ownership TreelaCondominium ❑ C.Residential Vacant Land L Now,Construction onaVovW UM 11 BOA Proper tacatod wWn an AOrhadltaal Olstlyd El 1 OB-o7ar a aaeerooure Tra1u lnaarau M na popery r n m ❑ Aptummotmad E W MA 1L.m;edadrdr"m of+Bebad twAnnsan W=..o umftr. A isle 0e1~RM CAM I Or Flo mw IttdlehMa ti.Bar Callum date 11/08/2 0 2 4 L Smis pewee"Rdmd canpeaa a Partners Is Buaarsd. G tons of me Boyars b miss a saw mBuyer or aeaarroutowenell Apaq or Len&V nrltllal "1d.`,Tmi1e mi fYrtaFT E.dead Type not WMW1y Sr Bmiyen and Bare(Bparsll Babe) F.SMe al Fraabral a•t,as am Fee hnmael ISFadr Bdm) •13.We Bar Price 375.000.00 is Brink m cwse h Prtpatg Bareen Tmbb srws nw swa oms W.Sale at Wairras 12 Included in Sae Price (AA rob pram 4 me add asnpan OW far*a preparey paeporly. l OOw Llw"FactereArtadrg Sal#Klee(Speodr Sere) Taft paymadtaay6omet4 Moved cah,,COW papeftat00mb,Nma ao of Imme aaamrmralgoo6oftIPlo araaadatnamommuswastedasM caarererd(a)an CarndYlarn: 14.ndleaa eta tutus of personal 0.� prapM'I luluded In the ear NF MYAT 'gNrpW40Fa rd and puSIB 111-Years!Aussaaem Rail faa rehkh kdbf=96n bkdTI(YY) toy '1T.TorlAwaemod Vaka B00 -ILPMpsrty Gana 311 _ .1tr.Schmtmrakl Name r/t./sa5 �•sl+hp� •aL Tom Yap Wantltiarlalaaa idawalla o;(B o as than art.death elwetweh A"111811at~dim 6@11111)) 1000-10.00-09.00-013.000 1 CarcOrr"all of one Items ad I stasrad m trim am am row and carnet Its do be"of my kaaelsdOee and assit"and 1 undssatand brat the mokk u of any wMllaal bby stebad m al,nanlm 111d h meh4 sakbo of to i in we a*"a m Rnn(p a raW 4'mMn morrow, d daMCkaaTnNdaata"1MntMarr.Paraa'aaearl Aaidalp«�9WaaaCkCa,pM'ea*septet',seerR +snwMoarb,sass+takrraaaaSr+ia'sdWn.ewwuarwgsaealaraadwkdamakwwwfa. pM oft aaaeon mffw akan4:tg awasaMWMMradw WOW'tyPe Moore dtWlpl,) GARCELON TRAVIS i SOFIA :LAa4 Mara F M % ' ' ..•" C wsnao •lrawverer�rneMeerwtrp aar:aP 0:4 Joshufatown ;""tsar oars logoL g CT 06371 ^arrrawrmMer eve •a rns RUVF1r3ArrQRWFV MOORE PATRICIA ww ow (6311 165-4330, Mewnaooa rLar+aaatriwaLadaeaawmMr raced G OCT 14 2025 Zoning Board of Appeals P „tl U I lllllll IIII lull lull lull lull lull lull lull IIII{III I IIIII IIIII lull IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument• DEED Recorded: 03/31/2025 Number of Pages: 4 At: 03: 32:18 PM Receipt Number : 25-0043775 TRANSFER TAX NUMBER: 24-26423 LIBER: D00013289 PAGE : 512 District: Section: Block: Lot: 1000 010.00 09.00 013. 000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $375,000. 00 Received the Following Fees For Above Instrument t Exempt Exempt Page/Filing $20 . 00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15. 00 NO EA-CTY $5.00 NO EA-STATE $250.00 NO TP-584 $5.00 NO Notation $0. 00 NO Cert.Copies $0. 00 NO RPT $200. 00 NO Transfer tax $0.00 NO Comm.Pres $0.00 NO Comm.Pres Fund $0.00 NO Comm.Housing Fund $0.00 NO Fees Paid $520.00 TRANSFER TAX NUMBER: 24-26423 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL VINCENT PULEO a County Clerk, Suffolk County a 8 k u u A m Bec .red OCT 14 2025 APPLICANIVOWNER J Zoning Board of Appeals TRANSACTIONAL DISCtMT*, FORM W� I e Town of Southold's Code of Ethics proh!bits conflicts of interest on the part of town officers and emplove T, se of this form is to provide inforniation which can alert tile town of pos�sible C nflicts of interest and allow it to take whatever action is necessary to avoid sam YOUR NAME : TW I G 16tod (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 Variance & 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 !— 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) Q an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted thiswTI-f4ay -T of 20 416 A#�ea Signature OZ4:m Print Name. ,Vl ed OW G C T 14 2025 Zoning Board of Appeals TRANSACTIONAL DISCLOSURE FORM The Town of w onthold's Cade of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose.of this forrn is to provide information which can alert the town of possible conflicts of interest and allow it to take,whatever action is necessar° to avoid same. YOUR NAME : (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 Variance 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 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 Z day of " ll 9 Signature Print Name G ,v J�� _ .f,�ived OCT 14 2025 TRANSACTIONAL DISCLOS Zoning Board ) ,�peal$ DISCLOSURE FORM The Town of Southold's C de of Ethics Rrohibits conflicts of interest on the part of town officers and ernI312jees.The narposg of this form is to provide information which can alert the town of possible conflicts ofintcrest and allow it to take whatever action is necessar to avoid same. � YOUR NAME : (Last name,first name,middle InitialJunless 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 Variance 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 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) Q an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this_T day of 20 I(I Ai Signature Print Name IF - 8 - Town of Southold �e( ei LWRP CONSISTENCY ASSESSMENT FORM OCT 14 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# 10 .. 9 .. 13 The Application has been submitted to(check appropriate response): Town Board Planning Dept. D Building Dept. © Board of Trustees 0 ZBA 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital 0 construction,planning activity,agency regulation,land transaction) (b) Financial assistance(e.g. grant,loan, subsidy) (c) Permit, approval,license,certification: Pq Nature and extent of action: Proposed newly-constructed two-story single family residence and deck. - 11 - Location of action: The Gloaming Extension, Fishers Island, NY 06390 Received Site acreage: 0.14 +/- acres OCT 14 2025 Present land use: Single family residential zoning Board of Appeals Present zoning classification: R-40 2.. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Samuel W. Fitzgerald, agent (b) Mailing address: 15 E. Putnam Avenue, #234, Greenwich, CT 06830 (c) Telephone number: Area Code( ) 860-287-3808 (d) Application number, if any: Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes 1:1 No N 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 LV;" Section III—Policies; Page 2 for evaluation criteria. See LWRP Section 268-3(F)-minor LWRP actions are exempt Yes � No � Not Applicable The proposed house is modest in size and scale compared with the neighboring houses. 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 Yes D No N Not Applicable See LWRP Section 268-3(F)-minor LWRP actions are exempt L^.� - 12 - Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southol . See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria Hecel vea QYes © No © Not Applicable See LWRP Section 268-3(F)-minor LWRP actions are exempt The proposed house is of a very similar height and scale as all of the surrounding h ' adll o t from any views of West Harbor,. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria 11 Yes E No © Not Applicable See LWRP Section 268-3(F)-minor LWRP actions are exempt Existing on thepropeqy now is a ve stable manmade stone slo a alon the water line. The 3roposed house will be raised above the Base Flood Elevation. 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 0 Yes 0 No ©Not Applicable See LWRP Section 268-3(F)-minor LWRP actions are exempt 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 Q No© Not Applicable See LWRP Section 268-3(F)-minor LWRP actions are exempt - 13 - ec N Attach additional sheets if necessary OCT 14 2025 Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. zoning Board of Appeals ❑ Yes ❑ No© Not Applicable See LWRP Section 268-3(F)-minor LWRP actions are exempt 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 N Not Applicable See LWRP Section 268-3(F)-minor LWRP actions are exempt 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. 0 YeD No N Not Applicable See LWRP Section 268-3(F)-minor LWRP actions are exempt 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 ❑ No © Not Applicable - 14 - uq 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. 1'Yes ❑ No © Not Applicable See LWRP Section 268-3(F)-minor LWRP actions are exempt 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. 0 Yes ❑ No© Not Applicable See LWRP Section 268-3(F)-minor LWRP actions are exempt 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. 0 Yes ❑ No © Not Applicable See LWRP Section 268-3(F)-minor LWRP actions are exempt Created on 512510511:20 AM - 15 - t - /o -, TOWN_ O SOUTHOLD PROPERTY RECORD CARD OVER _ STREET VILLAGE DIST. SUB. LOT: 4wrs, � l n ___ �__ . a3. ail 1 OTEl: OWNS INf ACR. coy f, S W Ne- a TYPE OF BUILDING RES, SEAS. VL. L FARM COMM. CB. MISC. Mkt. Value LAND 4AP. TOTAL DATE REMARKS - 7 Li sa O f AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable 1 i Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER 15 I Brushland FRONTAGE ON ROAD House Plot DEPTH ;BULKHEAD Total DOCK Ck- � ' v - - Q_ LC-) 0- N O Q -� N µ-- - .—+ COLOR c I C:), = I TRIM , t I . Foundation Bath Dinette rn M. Bldg. t Extension Baser-rent Floors K. Interior FinishLR. Ext. Walls Extension � _ -_ EyY lion I Fire Place Heat = DR. i IType Roof Rooms 1st Floor BR. Porch `Recreation Room E Rooms 2nd Floor FIN. B. IDormer Porch Breezeway Driveway Garage Patio O. B. Total