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HomeMy WebLinkAboutSchulz RECEIVED FORM NO. 3 TOWN OF SOUTHOLD OCT 14 2025 BUILDING DEPARTMENT SOUTHOLD, N.Y. ZONING BOARD OF APPEALS NOTICE OF DISAPPROVAL DATE: September 22, 2025 TO: AMP Architecture(Schulz) PO Box 152 Mattituck,NY 11952 Please take notice that your application received August 6, 2025: For permit to: Construct an addition to a sin le-frail dwelling at: Location of property: 11I5 Riley Avenue Mattituck. NY County Tax Map No. 1000- Section 143 Block 4 Lot 29 Is returned herewith and disapproved on the following grounds: The proposed construction on this nonconforming 15,350 s .ft.-parcel in the Residential R-40 District is not Rermitted Dursuant to Article XXIII Section 280-124 which states: lots measuring less than 20,000 square feet in total size require a minimum front yaard setback of 35 feet. The site plan shows the addition to have a front yard setback of'11.0 feet. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file,Z.B.A. *Suffolk County Health Department approval is additionally required for this application. RECEIVED D��I 1 � 2025 APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEA AREA VARIANCE ZONING BOARD OF APPEALS House No.. 185 Street Riley Avenue Hamlet Mattituck SCTM 1000 Section: 143Block: nd Lot(s)29 Lot Size: 15,350 Zone NC R-40 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 09/22/25 BASED ON SURVEY/SITE PLAN DATED 08/06/25 Owner(s): Rebekah Schulz Mailing Address: 185 Riley Avenue,Mattituck,NY 11952 Telephone: 631-871-5361 Fax: Email:rschulz79@hotmail.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: Anthony Portillo,AMP Architecture jor( )Owner( ) Other: Address: PO Box 152, Mattituck, N.Y. 11952 Telephone: 631-603-9092 Fax: Email: bepperson@amparchitect.com Please check to specify who you wish correspondence to be mailed to,from the above names: ( )Applicant/Owner(s), ()�Authorized Representative, ( )Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 08/06/25 and DENIED AN APPLICATION DATED 08/06/25 FOR: 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: 00 A Variance to the Zoning Code or Zoning Map. ( )A Variance due to lack of access required by New York Town Law- Section 280-A. ( )Interpretation of the Town Code,Article Section ( )Request for Reversal or Overturn the Zoning Officer's Denial Other A prior appeal 00 has, ( )has not been made at any time with respect to this 11roverty, UNDER Appeal No(s). 3791 Year(s). December 1988 (Please be sure to research before completing this question or call our office for assistance) RECEIVED Page 2, Area Variance Application OC T 14 r Revised 6/2023 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: No undesirable change will be produced because the proposed addition will have similar characteristics as nearby dwellings.Many homes nearby encroach past the front yard setback. Neighboring ZBA grants issued in this neighborhood included at the end of this application 2. The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue,other than an area variance,because: Due to the narrow lot and location of the existing dwelling,we are limited to where the addition can be placed on the site. 3. The amount of relief requested is not substantial because: The proposed 1 story addition will have similar characteristics and distances as the dwellings nearby.The existing house location also goes past the existing primary front yard setback. 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The proposed 1 story addtion will have similar characteristics as the dwellings nearby and the existing house. 5.Has the alleged difficulty been self created? { } Yes,or {(}No Why:. • Are there any Covenants or Restrictions concerning this land? X) No { } Yes(please furnish a copy) • This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety and welfare of the community. 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. Si7n,t�in�u cant or Authorized Agent it written Authorization from Owner) Sworn to before me this day L DARCEE AUFENANGER Of ����1(� '+� 20 5 NOTARY PUBLIC,STATE OF NEW YORK Registration No. 01AU0019644 L t Qualified in Suffolk County Notary F"e.rb Commission Expires January 9, 2028 RECEIVED �T� Zoning Board of Appeals OC T 14 2025 APPLICANT'S PROJECT DESCRIPTION ZONING BOARD OF APPEALS APPLICANT: AMP Architecture SCTM No. 1000-143-04-29 1. For Demolition of Existing Building Areas Please describe areas being removed: Removal of existing exterior wall to allow for proposed addition II.New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: 14'-2"x 34'-1" Dimensions of new second floor: Dimensions of floor above second level: N/A Height(from existing natural grade): 13'-0"existing; 11'-9"proposed Is basement or lowest floor area being constructed?If yes,please provide height(above ground)measured from natural existing grade to first floor: 5"from grade to match existing III.Proposed Construction Description(Alterations or Structural Changes) (Attach extra sheet if necessary).Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Existing 1 story dwelling Number of Floors and Changes WITH Alterations: Proposed 1 story addition IV. Calculations of building areas and lot coverage,sky plane(From Surveyor,Design Professional): Existing square footage of buildings on your property: 2,171 sf Proposed increase of building coverage:. 545 sf(288 sf proposed pool not requiring a variance) Square footage of our lot: q g y 15,350 sf Percentage of coverage of your lot by building area(lot coverage) 14.1%existing; 19.6%proposed(incluing pool) 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): 2,385 SF For Residential lots, is project within the allowable S Plane?(Please refer to Chapter 280, Section 280-208 of the Town Code): Yes V.Purpose of New Construction: Extension to existing dwelling for habitable space which includes a second bathroom and 2 bedrooms 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: Property is predominantly flat Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction,and photos of building area to be altered with yard view. Revised 6/2023 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION RECEIVED A. Is the subject premises currently listed on the real estate market for sale? Yes X No OCT 14 2025 B. Are there any proposals to change or alter land contours? X No Yes,please explain on separate sheet. ZONING BDARC DF APPEALS C. 1.)Are there areas that contain sand or wetland grasses? No 2.)Are those areas shown on the survey submitted with this application? N/A 3.) Is the property bulk headed between the wetlands area and the upland building area? N/A 4.) If your property contains wetlands or pond areas, have you contacted the Office of the BOARD OF TRUSTEES for its determination of jurisdiction? N/A Please confirm status of your inquiry or application with the Board of Trustees: 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: & Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If none exist,please apply to the Building Department to obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? No If yes,please label the proximity of your lands on your survey and identify the Suffolk County Tax Map No. I. Please list present use or operations conducted at your property, and/or the proposed use existing single family residence and proposed use single family residence with inground pool. J. (examples:existing single family,proposed:same with garage,pool or other) z lC Date .. II Authorizec �gyEllt Town of Southold 7/1/2023 P.O.Box 1179 O 53095 Main Rd RECEIVED Southold,New York 11971 OCT 14 2025 CERTIFICATE OF OCCUPANCY ZONING BOARD OF APPEALS No: 44231 Date: 7/l/2023 THIS CERTIFIES that the building AS BUILT ALTERATION Location of Property: 185 Riley Ave.,Mattituck SCTM#: 473889 Sec/Block/Lot: " 143.-4-29 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 4/25/2022 pursuant to which Building Permit No. 48054 dated 7/12/2022 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: "as built"alterations jg existing single-family dwellingfwest dwelling)as go i for, The certificate is issued to R&T Realtors LLC of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. 48054 6/21/2023 PLUMBERS CERTIFICATION DATED 6/23/2023 Wark —4 tli ri a Signature � t Town of Southold RECEIVED 7/1/2023 P.O.Box 1179 s 53095 Main Rd OCT 14 2025 �` Southold,New York 11971 1... ....... CERTIFICATE OF OCCUPANCY No: 44232 Date: 7/1/2023 THIS CERTIFIES that the building AS BUILT ALTERATION Location of Property: 185 Riley Ave.,Mattituck SCTM#: 473889 Sec/Block/Lot: 143.4-29 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 4/25/2022 pursuant to which Building Permit No. 48055 dated 7/12/2022 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: $1as built""alterations to existing single-family dwelling east dwelling as Applied.for. The certificate is issued to R&T Realtors LLC of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. 48055 6/21/2023 PLUMBERS CERTIFICATION DATED 6/21/2023 ark nz agn tm p TO%4, )F SOUTHO___ OFFICE OF BUILDING INSPECTOR RECEIVED OC�q.,_TOWN IL/kLL SOUTHOLD, NEW YORK OCT 14 2025 CERTIFICATE OF OCCUPANCY NONCONFORMING PREI\IISES THIS IS TO CERTIFY that the ZONING BOARD OF APPEALS 1YJ Land Pre C.O. #- Z-15908 Building(s) Date- July 2, 1987 Use(s) located at 185 Riley Ave. & 1065 Bay Ave. Mattituck, N.Y. Street Hamlet shown on County tax map as District 1000, Section 143 , Block 4 Lot 29 doe<notjconform to the present Building Zone Code of the Town of Southold for the following reasons: Insufficient total area; non-conforming second dwelling; front yard and side yard set backs. Rear yard set-back on accessory garage. On the basis of information presented to the Building Inspector's Office, it has been determined that the above nonconforming / X/Land /x/Building(s) J /Use(s) existed on the effective date the present Building Zone Code of the Town of Southold, and may be continued pursuant to and subject to the appli- cable provisions of said Code. IT IS FURTHER CERTIFIED that, based upon information presented to the Building Inspector's'Office, the occupancy and use for which this Certifi- cate is issued is as follows: Property contains 2 one-story, one family, wood framed dwellings, accessory garage and all situated in 'A' residential Agricultural zone with access to Riley Ave. a Town Road The Certificate is issued to RIFAT CILAN, JOHN MOILAOGLU, ROSTEN KAVAF (owner, l 3t of the aforesaid building. Suffolk County Department of Ilealth Approval N/A Li NDEIIAVRITEItS C1;RT'IFIC A'l E NO. N/A NOTICE IS HEREBY GIVEN that the owner of the above premises I-LAS NOT CONSENTED TO AN INSPECTION of the premises by the Building Inspec- tor to determine if the premises comply with all applicable codes and ordin- ances, other than the Building Zone Code, and therefore, no such inspection has been conducted. This Certificate, therefore, does not, and is not intended to certify that the premises comply with all other applicable codes and regula- tions. ;a1z ryiin-spector -. RECEIVED OCT 14 2025 &1-1 ZONING BOARD OF APPEA 5 Southold Town Board of Appeals ' MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971 TELEPHONE (5161 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN,JR. JOSEPH H.SAWICKI ACTION OF THE BOARD OF APPEALS JAMES DINIZIO, JR. Application of JAMES H. BERGERON for a Variance to the Zoning Ordinance, Article III, Section 100-30A(1) and Article XI, Section 100-118 for permission to rebuild existing nonconforming single-family dwelling. Location of Property: 185 Riley Avenue, Mattituck, NY; County Tax Map District 1000, Section 143, Block 4, Lot 29. WHEREAS, a public hearing was held on December 8, 1988 in the Matter of the Application of JAMES H. BERGERON under Appeal No. 3791; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is a corner lot with frontage along the east side of Bay Avenue and the north side of Riley Avenue in the Hamlet of Mattituck, Town of Southold, is shown on the "Map of George H. , William T. and D.T. Riley" as Lot No. 4, and is identified on the Suffolk County Tax Maps as District 1000, Section 143, Block 4, Lot 29. 2. The subject premises is located in the "A" Residential and Agricultural Zoning District, contains a total area of approximately 15,350 sq. ft. , and is shown on the September 21, 1988 survey map prepared by Young & Young to be improved with the following structures, all located at the easterly section of the premises: (a) single-family, one-story frame house; RECEIVED Page 2 - Appl. ,No. 3791 • Matter of JAMES H. BERGERON Decision Rendered December 16, 1988 OCT 14 2025 ZONING BOARD OF APPEALS (b) accessory frame, storage garage structure; (c) single-family, one-story frame house. 3. By this application, Appellant requests permission to construct new single-family dwelling and remove an existing dwelling, all as depicted on the above-mentioned survey map. 4. For the record it is noted that Certificate of Occupancy of Nonconforming Premises #Z15908 was issued July 2, 1987 for the premises and existing buildings. 5. Article III, Section 100-30(A) {1} of the Zoning Code provides for one single-family dwelling use in this Residential and Agricultural Zone District. 6. In considering this appeal, the Board finds and determines: (a) the relief requested is not unreasonable under the circumstances; (b) the difficulties claimed are sufficient to warrant the conditional grant of this variance; (c) there is no other method feasible for appellants to pursue other than a variance; (d) the circumstances are unique to the property and are not personal in nature; (e) the granting of the relief, as conditionally noted, is within the spirit and intent of the zoning code; (f) in view of the manner in which the difficulties arose, and in view of all the above factors, the interests of justice will be served by granting the relief requested, and as conditionally noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, to GRANT the relief requested under Appeal No. 3791 in the Matter of JAMES H. BERGERON for permission to construct new single-family dwelling structure and remove existing nonconforming single-family dwelling structure, all as shown on the Survey Map prepared by Young & Young dated September 21, 1988, SUBJECT TO THE FOLLOWING CONDITIONS: Page 3 - Appeal No. 3791 RECEIVED Matter of JAMES H. BERGERON �� Decision Rendered December lb, 1988 OCT 2025 ZONING BOARD OF APPEALS 1. Proper permits are issued for the construction (or reconstruction) of a single-family dwelling (in accordance with all applicable rules and regulations pertaining to a principal single-family structure) ; 2. This variance is granted for a period of 12 months from the date of issuance of the Building Permit referred above, and will be allowed one extension at the discretion of the Board of Appeals, (if necessary) ; 3. The existing seasonal single-family dwelling must be removed within 90 days; in no event will the occupancy of more than two dwelling structures.be permitted upon the entire site at one time; 4. No Certificate of Occupancy shall be issued until the existing nonconforming (seasonal) dwelling structure is entirely removed from the premises. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Sawicki, and Dinizio. (Absent was Member Doyen, due to serious family illness. ) This resolution was duly adopted. 1k.W.. RECEIVED AND FILED BY GMARD P. GCDMIRINGER, 'CHAIRMAN THE SOU THOLD TOW14 CL­i: DATE HOUR RECEIVED AGRICULTURAL DATA STATEMENT OC t 14 2025 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD ZONING BOARD OF APPEALS WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit,site plan approval,use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: AMP Architecture 2. Address of Applicant: PO Box 152,Mattituck,NY 11952 3. Name of Land Owner(if other than Applicant): Rebekah Schulz 4. Address of Land Owner: 185 Riley Avenue,Mattituck,NY 11952 5. Description of Proposed Project: Proposed 1 story dwelling addition. 6. Location of Property: (Road and Tax map Number) 185 Riley Avenue,Mattituck,NY 11952 SCTM: 1000-143-04-29 7. Is the parcel within 500 feet of a farm operation? { } Yes {X) No 8. Is this parcel actively farmed? { } Yes {X) No 9. Name and addresses of any owner(s)of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office(765-1937)or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS, l 2. 4. 5. 6. (Please use the back of this page if there are additional property owners) ......................... ID Signature of Ap Date Note: 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. 617.20 RECEIVED 60,TJ Appendix B OC T 14 Short Environmental Assessment Form 2025 Instructions for Corn lean ZONING BOARD OF APPEALS Part 1 -Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1 -Project and Sponsor Information Name of Action or Project: Schulz Residence Project Location(describe,and attach a location map): 185 Riley Avenue,Mattituck NY 11952 Brief Description of Proposed Action: Proposed 1 story dwelling w/inground pool and new septic system. Name of Applicant or Sponsor: Telephone: 631 603 9092 AMP Architecture E-Mail: bepperson@amparchitect.com Address:. PO Box 152 City/PO: State: Zip Code: Mattituck N.Y. 11952 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that X may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: X Building Department and DEC 3.a.Total acreage of the site of the proposed action? 0.4 acres b. Total acreage to be physically disturbed? 0.1 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 0.4 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 RECEIVED � 1 4 2025 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? ZONING BOARD OF APPEALS 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? 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: 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: Proposed new septic&drywell system 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 X 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 P J X 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? XNO ❑YES X b. Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NOXYES Proposal of a new septic&dn/well system. Page 2 of 4 I 18.Does the proposed action include construction or other activities that result in the im f NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: al X ______ 19.Has the site of the proposed action or an adjoining roe been the loca' d NO YES P P J g property rh' �1f�9 dosed- 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: Anthony Portico Date: Iv 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 ener conservation or renewable eneM opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 RECEIVED No,or Moderate OCT 14 2025b�� small to large impact impact may may ZONING BOARD OF occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. * Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsiblemm g Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 RECEIVED OCT 14 2025 Board oaf Zoning Appeals Application ZONING BOARD OF APPEALS AUTHORIZATION (Where the Applicant is not the Owner) residing at (Print property owner's name) (Mailing Address) N�6 1 62 do hereby authorize AMP Architecture (Agent) to apply for variance(s)on my behalf from the Southold Zoning Board of Appeals. LIA21-4- (Owner's Signature) �.c.�jclL�..b►- S�rn.....IZ. (Print Owner's Name) i APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of uth ld's Code of pthics prohibits c ntlicts of°nt rest on the part,gf town 2fficers and employees,The,,guriiose ofthis form is to grovide inf9rination whiEh can alert the town of Possible,conflict f interest and all w it tg take whatcygr action is, necessaa to avoid same. YOUR NAME : (Last name,first name,middle initial,unless you are applying in the name of someone else or other en" suach as a company.If so,indicate the other person's or company's name.) i +CEIVED TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit OCT 14 2025 Variance Trustee Permit Change of Plat of Zone Costal Erosion ZONING BOARD OF APPEALS Approval oring 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 1/1 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 J� day of ^. ,20 25' Signature Print Name AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethi"prohibits conflicts of intc_re.it on the,part of town officers and employees.The purvase,of this fqrnj is to provide information which 'art alet the town of possible conflirjE,of interest and allow it to take whatever action is ;ccessary to avoid same. YOUR NAME : Anthony Portillo (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.) RECEIVED TYPE OF APPLICATION:(Check all that apply) Tax grievance Building Permit Variance Trustee Permit OCT 14 2025 Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning ZONING BOARD OF APPEALS Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the tower 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/a gent/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 day of Oil Signature Print Name Anthony rtiillo ........ ...... 1� Town of Southold RECEIVED LWRP CONSISTENCY ASSESSMENT FORM OCT 14 2025 A. INSTRUCTIONS I, All applicants for permits* including Town of Southold agencies, s1?aQPco9� �hgF&PKqAM 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# 143 _04 _29 The Application has been submitted to(check appropriate response): Town Board F Planning Dept. E Building Dept. © Board of Trustees I. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital construction, planning activity, agency regulation, land transaction) r (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval,royal, license, certification: Nature and extent of action: Proposed 1 story dwelling addition with new septic system and requesting variance for a front yard setback. Location of action:185 Riley Avenue, Mattituck, NY 11952 RECEIVED Site acreage:0.4 Acres 2025 Present land use:Single family residence ZONING BOARD OF APPEALS Present zoning classification:R-40/Non-conforming 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant:AMP Architecture (b) Mailing address: PO Box 152, Mattituck, NY 11952 (c) Telephone number:Area Code( )631-603-9092 (d) Application number, if any: Will the action be directly undertaken,require funding, or approval by a state or federal agency? Yes 1:1 No x If yes, which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. Yes F No [—] Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria LE Yes 13 No ❑ Not Applicable AM P Arch i t e c t u re Address:10200 Main Road, Unit 3A, Mattituck NY 11952 Design + Build Phone: (631) 603-9092 r 41i� q , RECEIVED i'rry OCT 14 2025 , a� N)NO BOARD OF APPEAL Existing Northwest Elevation (Front Side) Existing Southwest Elevation (Right Side) �Yliml Existing South Elevation (Rear Side) Existing Northeast Elevation (Left Side) Schulz Residence-185 Riley Avenue, Mattituck N.Y.11952 Owner: Rebekah Schulz Applicant:AMP Architecture All photos taken on May 7th,2025 TOWN SCUT l� a g a ;RTY RECORD ► D � s OWNER STREET J&5 Z DISTRICT SUB. LOT 44 e FORMER OWNER N E ACREAGE 1: ot'U 6 sF XPP S W TYPE OF BUILDING t g - v RES. SEAS,. VL FARM COMM. IND. CB. MISC. Est. Mkt. Value LAND IMP. TOTAL DATE REMARKS olio n. �. _ 3 Ll �: � �; ec e x - g S 600 Shop �aoo � �_� . 2 f , -0o L � - AGE BUILDING CONDITION / afnw NEW NORMAL BELOW ABOVE FRONTAGE ON WATER Farm Acre 6 Value Per Acre Value FRONTAGE ON ROAD Tillable 1 Tillable 2 D9NE 7/1 Tillable 3 t Woodland _ Swampland Brushland o House Plot --i i rn [ Toto l { f, <7� < U-) CIIJ < LL IL> 7- e se. poi tX N Lie- 185 143.-4-29 10/20/2022 C)5 V M. Bldg. (e , Foundation Both Extension ,Yuc Basement ct/t Floors L& ----, aseme 11 1 + iExt. Walls ilnterior Finish T"C"qc '� loor'-r� r nsion 7 Extension 4/1 Fire Place Heat Porch Roof Type ,7-3 LA:UN Porch Rooms 1st Floor Breezeway 3 c7`1 Patio Rooms 2nd Floor Garage Driveway I Dckrmer A I 717' 524;j 7 ems, aat� 37 5< 3 7 TOWN OF -SOUT14OLD PROPERTY OWNER STREET l5 VILLAGE DISTRICT SUB, LOT FORMER OWNER N I E ;,ACREAGE 3 �' S W TYPE OF BUILDING RES. SEAS. VL. FARM COMM. IND. CB. MISC. Est. Mkt. Value LAND IMPv TOTAL DATE i REMARKS I - AGE_ BUILDING CONDITION NEW NORMAL BELOW ABOVE . FRONTAGE ON WATER T Farm Acre Value Per Acre Value FRONTAGE ON ROAD —4, Tillable 1 BULKHEAD Tillable 2 DOCK Tillable 3 Woodland 0 Swampland t r M Brushlond House Plot to Total 7bK 125 �5asf L 3 - � .a 40�s cr-, 4 U. W - — CD 143.4-29 10/20/2022 _ _ ®. �_ ti M� y � _ Bldg, .� .2 2 f 4Z Foundation 3 xtensian i Basement Floors t xtension Ext. Walls Interior Finish e Extension Fire Place ; Neat �3 :;Z3 y Porch Roof Type Porch Rooms 1 st Floor Breezeway Patio Rooms 2nd Floor Garage Driveway _ Dormer O. B. a 4 w •APPEALS BOARD MEMBERS l Mailing Address: Ruth D. Oliva,Chairwoman Southold Town Hall Gerard R Goehringer 53095 Main Road-P.O. Box 1179 James Dinizio,Jr. Southold,,NY 11971-0959 Michael A. Simon Office Location: Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman ' " i1� 54375 Main Road(at Youngs Avenue) Vclz Southold,NY 11971 RECEIVED http://southoldtown,northfork.net ZONING BOARD OF APPEALS RECE11EcD - 0 C T 14 2025 TOWN OF SOUTHOLD tea' Tel.(631)765-1809-Fax(631)765-9064 ZONING BOARD OF APPEALS NOV 2 FINDINGS, DELIBERATIONS AND DETERMINATIO " ,�a MEETING OF OCTOBER 5,2006 ; 4,4 ZB File No. 5961 —Greg and Deborah Dickerson Property Location: 780 Marlene Lane, Mattituck CTM 143-2-21 SE RA DtTERMtNAT The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type 11 category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned,. PROPERTY FACTS!DES IPTION: The applicants' 10,875 square foot parcel is improved with a single- family, one-story dwelling, as shown on the June 5, 1991 survey prepared by Peconic Surveyors, P.C. BA ja_9F APPLICAI!g N: Request for Variances under Section 100-244 (280-124), based on the Building Inspector's August 22, 2006 Amended Notice of Disapproval concerning a proposed garage addition, a second-floor addition with a setback at less than the code-required minimum of 10 feet on one side and 15 feet on the other sine, resulting in a required combined side yard total at 25 feet, and proposed porch addition at less than 85 feet from the front lot line end swimming pool, which calculated a lot coverage in excess of the code ilimitation for a 2 %maximum. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on September 28, 2006, at which time written and oral evidence were presented. Based upon all testimony, documentatlon, personal inspection of the property, and other evidence,the Zoning Board finds the following facts to be true and relevant: AREA VARIAN E 0M I F RE EST The applicants wish to construct additions and alterations to an existing one story dwelling by adding a second-story to the existing dwelling, adding a new deck at the rear of the home„ adding a covered porch at the front of the dwelling,adding an open deck and garage additions.. The variances requested are: (a) lot coverage increased when a swimming pool is proposed in the rear yard for 2119% lot coverage total with all new construction; (b) a new porch addition will reduce the front yard to 33.18 feet at its closest point; (c) the side yard setbacks for the principal building with new garage and second-story will be 10.73 feet on the north side and 10�.43 feet on the south side,- (d)the total side yards will be 21.16 feet instead of the code required 25 feet. REAS NSF B ARD ACT N On the basis of testimony presented, materials submitted and personal inspections,the Board makes the following findings: 1. Grant of the variance will inot produce an undesirable change in the character of the neighborhood or a detriment to nearby properties, The applicants are in need of more living and storage space„ and the property is only 10, 875 square feet. The immediate neighborhood consists of several two-story homes with varied RECEIVE ' Page 2—October 5,2006 • ZB File No. 5961 —Greg&Deborah Qickerson OC CTM No. 143-2-21 T 4 2025 20NING BOARD OF APPEALS front and side yard setbacks. The lot coverage request is modest with an increase of 1.29% over the code limitation. 2. The benefit sought by the applicants cannot be achieved by some method, feasible for applicants to pursue, other than an area variance. The property is less than 11,000 square feet in size and has a width of 75 feet, and the dwelling is only 1128 square feet in size for living and storage area. 3. The variances granted herein are substantial. 4. The difficulty has not been self-created. 5. 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. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of additions and a swimming pool, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RE SOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Member Weisman, and duly carried,to GRANT the variances as applied for, as shown on site plan dated 9/05/06 prepared by Young & Young and Diagram A-1 dated 9/05/06 prepared by Young & Young subject to the following Conditions: 1. That the lot coverage shall not exceed 21.29%. 2. That the side yard not be reduced less than 10 feet. 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 nonconfrrnities 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 Oliva (Chairwoman), Goehringer, Dinizio, Simon and Weisman. This Resolution was duly adopted (5-0). C Ruth D. Oliva 10/30/06 Approved for Filing BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road+P.O.Box 1179 Southold,NY 1 197 1-0959 Patricia Acampora Office Location; Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento �► Southold,NY 11971 x 01,�, http://southoldtownny.gov RECEIVED ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD �i kd � 9:up AM OCT 14 2025 Tel.(631)765-1809•Fax(631)765-9W4 DEC 2 4 2018 ZONING BOAR TINDINGSDELIBERATIONS AND DETERMINATION So hold Tan Clerk MEETING OF DECEMBER 20,2018 ZBA FILE: #7220 NAME OF APPLICANT: Jane Smerglia PROPERTY LOCATION: 225 Sigsbee Road, Mattituck,NY SCTM# 1000-143-2-5 5 QR,A DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK OUNTY ADMINISTRATIVE CODE. This application was referred as required under the Suffolk County Administrative Code Sections A I4-14 thru A 14-25, and the Suffolk County Department of Planning issued its reply dated August 23, 2018 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PRQRER✓ Y F JCTS/DESCRIPTI N. The subject 7,000 square feet parcel, located in the R-40 Residential Zoning District, measures 140 feet along the northerly side, 50 feet along the easterly side, 140 feet along the southerly side„ and 50 feet along the westerly side that is Sigsbee Road. The site is improved with an existing single-family wood frame residence. There is a one story framed building measuring 14,2 feet by 22.1 feet located southeast of the; residence as shown on the survey entitled "Amended Map of Property of Mattituck. Dark Properties, Inc., prepared by Nathan Taft Corwin III, LS,dated May 14,2014. BASIS OF APPLICATIOI"�.: Request for Variance from Article XXIII, Sections 280-124 and the Building Inspector's July 23, 2018,Notice of Disapproval base on an application for a building permit to construct additions and alterations to an existing single-family dwelling at: 1) located less than the code required minimum front yard setback of 35 feet; at: 225 Sigsbee Road,Mattituck,NY. SCTM#1000-143-2-5. RELIEF REQUESTED: The applicant requests variance relief to construct additions and alterations to an existing single-family dwelling. The applicant wishes to add a 121 square foot covered front porch, with a lower roof than the existing gable roof, that will encompass the total front of the residence and to convert the existing small covered porch on the southwest side of the residence to habitable space, as shown on the Site Plan drawing by Meryl Kramer, Architect, which also notes the applicant proposes the front yard setback of 31 feet 5 inches. The proposed construction, on this nonconforming 7,000 square foot lot in the Residential 'R-40 District, is not permitted pursuant to Article XXIII 280-124 which states,that lots measuring less than 20,,0001 square feet in total. size require a front yard setback of 35 feet. RECEIVED I � Page 2, December 20,2018 OCT 14 2025 #7220, Smerglia SCTM No. 1000-143-2-5 ZONING BOARD OF APPEALS ADDITIONAL.-INFORMATION:N: There have been no written communications or testimony received by the Board objecting to this application.The applicant's representative submitted testimony along with a copy of a ZBA decision granting approval for a less than required front yard setback dated May 20, 1999 for an applicant located on a nearby street. The applicant's representative also submitted aerial photos of other homes in the area who have requested and built additions and alterations with setbacks measuring less than the allowed 35 feet. FINDIN QF FAST/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on December 6,2018 at which time written and oral evidence were presented. Based upon all testimony,documentation, personal inspection of the property and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 267-b b 1 . Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. There are other homes along Sigsbee Road and neighboring roads that have pre-existing front yard, non-conforming front yard setbacks, or have received variance relief when renovating their property. 2. Town Law 267--b 1r . The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue,other than an area variance. Any addition greater than 1.5 feet to the principal structure with the preexisting 36.5 foot front yard setback would require relief from Article XXIII, Section 280-14. 3. Town Law 267•b 1r The variance granted herein is not mathematically substantial, representing 10% relief from the code. There is no other way to achieve what the applicant wishes to make the front of the home more appealing and afford a place to sit and enjoy the front of their property. 4. Town Law. 267-b b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law 267-b(Db ffi. The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 5267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a covered front porch while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RE OL TION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Acampora, seconded by Member Dantes, and duly carried,to GRANT the variance as applied for, and shown on the Site Plan prepared by Meryl Kramer, Architect and the survey by Nathan Taft Corwin III dated May 14,2014. SUBJECT TO T14E FOLLOWING CONDITIONS: 1) Front open porch shall remain unenclosed and unconditioned space. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. r Page 3, December 20,2018 RECEIVED #7220, Smerglia SCTM No, 1000-143-2-5 IC 14 2025 ZONING BOAR p Any deviation from the survey, site plan and/or architectural drawings cited in this decision wr s&PffiMWs and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s)granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. In the event that this is an approval subject to conditions, the approval shall not be deemed effective until such time that the foregoing conditions are met; and failure to comply therewith will render this approval null and void. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three(3) consecutive one (1)year terms. Vote of the Board: Ayes: Members Dantes(Vice Chair),Acampora, Planamento and Lehnert. This Resolution was duly adopted(4-0). (Chairperson Weisman absent) C Eric L. Dantes Vice Chair Approved for filing 1,-/ )-( /2018 BOARD MEMBERS Soso Southold Town Hall Leslie Kanes Weisman,Chairperson . 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes � Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento Cvu�m RECEIVED n h� CEV /^ rfl( ) http://southoldtownny.gov U -'l 12.11'�� OCT 14 2025 ZONING BOARD OF APPEALS 0 E '01 TOWN OF SOUTHOLD U TeL(631)765.1809•Fax(631)76 -9064 ZONING BOARD OF APPEALS �t31� �f1<�,� ^�^,0,, �, FINDINGS,DELIBERATIONS AND DETER IINAT1 MEETING OF DECEMBER 19, 2019 ZBA FILE: #7351 NAME OF APPLICANT: William Todd Jeffcoat PROPERTY LOCATION: 2795 Bay Avenue,Mattituck NY SCTM: 1000-144-5-2 SE RA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type H category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was not required to be referred to the Suffolk County Department of Planning under the Suffolk County Administrative Code Sections A 14-14 to 23. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRI.PTION: The subject, non-conforming 11,806 square feet, 0.27 acre rectangular parcel, located in the R-40 Zoning District measures 60.06 feet along Bay Avenue,then runs east 193.43 feet along a residentially developed lot to the north also owned by the applicant, then runs south 60.00 feet along a second residentially developed lot and returns west 201.79 feet along a third residentially developed lot,to the south. The subject property is improved with a one-story frame dwelling,covered front porch,Bilco basement access,concrete patio, gravel driveway, a one-story detached garage and substantial concrete slab as illustrated on the survey prepared by Kenneth M. Woychuck, Land Surveying,PLLC and dated November 12, 2018. BASIS OF APPLICATION: Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's August 7, 2019, Notice of Disapproval based on an application for a permit to legalize an "as built" porch reconstruction attached to a single family dwelling; at, 1) located less than the code required front yard setback of 40 feet; located at 2795 Bay Avenue,Mattituck,NY. SCTM No. 1000-144-5-2. RELIEF REQUESTED: The applicant requests a variance to reconstruct a previously existing front porch that contained an on-grade concrete slab with wooden support columns under the roof, and to maintain the non- conforming 16.2 feet setback,where the code requires a minimum setback of 40 feet,with a new,raised wood deck and wood columns under the existing porch roof structure. ADDITIONAL IN QIWATION: A "Stop Work Order" was issued by the Town of Southold Building Department on June 21, 2019 for performing work beyond the scope of Building Permit #43470, permitting alterations (foundation) to an existing single-family dwelling, issued February 13, 2019. Under the open permit, the applicant states they engaged a house-moving company and raised the house and created a new,poured Page 2,December 19,2019 RECEIVED #7351,Jeffcoat SUM No. 1000-144-5-2 OC T 4 2025 ZONING BOARD OF APP foundation with basement, modestly higher than the original, and returned the structure to its pt'eviousEo6lon. Moreover, it is observed by this Board that the entire residence has been fully renovated and includes, among other improvements, new windows, doors, siding, and interior embellishments such as a new kitchen, new bathroom, flooring, etc A pre-Certificate of Occupancy for the residential structure is on file with the Town of Southold and indicates that two separate one-family dwellings exist on the combined adjacent lots known as 50 Rochelle Place and 2795 Bay Avenue. One letter of support, by a lifelong neighbor, was received on December 5, 2019 and indicates that the existing, under construction porch matches the original one built well over 62 year ago. No other neighbors or member of the public spoke in favor of or against this application. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on December 5,2019 at which time written and oral evidence were presented. Based upon all testimony, documentation,personal inspection of the property and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 267-b( 1(b'1(I.). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Bay Avenue and Rochelle Place and the neighborhood surrounding Veteran's Park on the Peconic Bay was developed over the past century and contain many residences of varying size, architectural style and amenities built prior to current zoning with non-conforming lot sizes or setbacks. Furthermore, a front porch is common to this neighborhood and while the porch is newly constructed, it minors the original one, clearly built as part of the residence,prior to zoning. 2. Town Law 267-b 3 b 2 . The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The original structure was built with a front yard setback of 16.2 feet and the applicant proposes to maintain this setback as part of their application. 3. Town Law 267-bQ(bldl. The variance granted herein is mathematically substantial, representing 59.5% relief from the code. However, the porch has existed in its current location since prior to 1957 and without it, the roof would cantilever over the entrance in an unsafe and non-aesthetic,visually displeasing way. 4. Town Law§267-b( ')(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law_4267-b(3)(b)( ). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 6267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an attached, covered front porch over raised wooden deck floor with new wooden column supports with a front yard setback of 16.2 feet while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Planamento, seconded by Member Acampora, and duly carried,to RECENECs go(J-1 Page 3,December 19,2019 OOI 14 2025 #7351,Jeffcoat SCTM No. 1000-144-5-2 ZONING BOARD OF APPEALS GRANT the variance as applied for, and shown on the survey prepared by Kenneth M. Woychuck Land Surveying, PLLC and dated November 12, 2018 and the site plan and engineer's drawings prepared by James L. Deerkoski,Licensed Professional Engineer, labeled S-1 and A-1 and dated August 20,2019. SUBJECT TO THE FOLLOWING CONDITIONS: 1. The front porch is to remain open,without windows or screening of any sort. 2. The applicant is to apply for and receive an updated Certificate of Occupancy illustrating the interior and exterior renovations,including the addition of a basement. That-the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s)granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. In the event that an approval is granted subject to conditions, the approval shall not be deemed effective until the required conditions have been met; and failure to comply therewith will render this approval null and void. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one (1)year terms. Vote of the Board: Ayes:Members Weisman(Chairperson), Acampora,Planamento and Lehnert.(4-0)(Member Dantes absent) L s ie Kanei Weismat C airperson Approved for filin$�� 93 /2019