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Received
NOV 0 5 2025
T IS THE.APPLICANVAGENT' RE'SP'ONSI ILTY TO REVIEW THEIR FILE FOR ANY co RZ'1 b'Nb �IF` O� i'peOTHER
AGENCIES INCLUDING LWRP COUNTY PLANNING 'TRU Ti EE'a PLANNING, NEIGHBOR'S, ETC. PRIOR TO THE HEARING.
Fee:$ Filed By: —Assignment No.
APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE
House No.3340 Street Park Avenue Hamlet Mattituck
SCTM 1000 Section 123 Block 8 Lot(s)21 Lot Size 9,761 (4,698 sq.ft. buildable) Zone R-40
I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED
October 6.2025 BASED ON SURVEY/SITE PLAN DATED
Owner(s): Christopher Ross,Trustee of the Christopher Ross Trust-2015 50% and
Michelle Ross,Trustee of the Michelle Ross Trust-2015 50%
Mailing Address: I QRangeley Ridge, "'Winchester MA 01890,
Telephone: 857-204-2458 Fax: Email:
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: Patricia C,__Moore;for(X)Owner( )Other:
Address: 51020 Main Rd Southold NY 11971
Telephone: 631-765-4330 Fax: Email cmaoore moor at s.gom
Please check to specify who you wish correspondence to be mailed to,from the above names:
( )Applicant/Owner(s), (X) Authorized Representative, ( ) Other Name/Address below:
WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN
DATED and DENIED AN APPLICATION DATED 10-2-2025 FOR:
(X)Building Permit-(#51455)Construction exceeding scope of permit- "demolition"
by definition
( ) 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 Or nonce by
numbers.Do not quote the code.)
Article: XXIII Section: 280-124 Subsection:_(setback 511,combined side yar W(Y overage
46.5%)and
Section: article XXXVI 280-208 (A) Subsection:—(sky-plane) NOV 0 5 2025
Type of Appeal. An Appeal is made for: Zoning Board of Appeals
(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(X) has,() has not been made at aBy time with respect to this,property,
UNDER Appeal No(s).7896 Year(s)2024..(Please be sure to research before completing this question
or call our office for assistance)
Name of Owner: ZBA File#
REASONS FOR APPEAL (Please be specific, additional sheets may be used with preparer's signature
notarized):
1.. An undesirable chap e will not be produced in the CHARACTER o the
neighborhood or a detriment to nearby ro ernes iLgrantedbecause:
There is no change to the house approved by the Board in Appeal #7896 of 2024.
The work was started pursuant the issued building permit (#51455) for
additions and alterations to the pre-existing one-story dwelling and to add a
second-floor bedroom over the existing one-story extension constructed in 1982.
The project included replacement of the existing sanitary system located on the
water side with an IA system in the front yard. The sanitary system was
approved by the Health Department.
The work was performed, following the approved construction drawings. The
approved drawings for an addition and alterations to the existing house
included preserving the existing structure, sistering of the existing structural
members to comply with the building code, replacement of windows and doors,
and a new foundation under the original house which was built on locus posts.
The foundation under the 1982 addition would be made higher by adding 4
courses of cement block (CMU) to the existing foundation. Due to the age of the
pre-existing dwelling, the replacement of windows required new headers for the
new windows and some additional roof framing was specified. This work was
anticipated and did not exceed 50%. The owner and contractor preserved the
existing structure and methodically improved the existing structure as approved
by the building permit. As the proposed second floor over 1982 one story
addition commenced construction, the easterly portion of the existing
foundation (built in 1982) was found to be constructed without rebar and with
hollow cement blocks. The foundation constructed in 1982 violated the New
York state building code in 1982. This condition was completely unexpected
and there was no evidence of substandard construction when the architectural �rA
plans were prepared. R i v e d \
The building inspector determined that while all the work waVIVkePe§sa'r'y', it
resulted in exceeding 50% of the existing structure and Nyq*#9TAOJ)Yppeals
definition, a demolition.
The architecture of the proposed house has not changed. The proposed
setbacks approved in the prior variance remain the same. The house, as
constructed, will not change the character of the neighborhood or detriment to
nearby properties. Due to the environmental constraints of the property, the
building envelope, and setback constraints of the existing house, the second
floor over part of the existing dwelling was the only viable alternative for a
bedroom relocation which does not expand the footprint of the dwelling.
The existing house and closest setback are on the west side. The adjacent owner
is family and supports the application. The adjacent owner is Nancy Ross
(SCTM#1000-123-8-22.2) and was the subject of a variance (Appeal #5231 in
2003).
As was described in 2024, the homes on Park Avenue are primarily pre-existing
nonconforming structures. Attached is the list of area variances granted for the
homes in the immediate area. The common element in all these variances (5
properties) is that the existing homes pre-date zoning, the setbacks were
preexisting, and each home had to consider the location adjacent to the Bay and
to the Creek. Some of the properties contain more than one dwelling on the
property which required variances to be repaired or replaced. Many of the
existing dwellings began as summer cottages or seasonal second homes. These
homes have been updated and became year-round dwellings. The Ross home
was expanded over the many years in accordance with the codes at the time.
The proposed relocation of the bedroom is consistent with the neighborhood.
There is no change to the house approved by the Board in appeal #7896 of 2024.
The subject variance is required because of the need to add structural integrity
to the existing house. The construction from 1982 was expected to be
conforming to the New York State building code of 1982.
f
The benefit sought b the aCANNOT, e variance,. bec
be c�zw t. easible `"\
2. o, the licant to urs e of her than an .��
�n it 5 2025
As discussed in your previous findings in appeal #7896 of 2024, the peexing.
conditions of this unusually shaped lot along P'econic Ba)�bvrestflf§iit exce eding
the lot coverage, non-conforming setbacks, and existing violation of the sky-
plane. None of these conditions have changed since your grant of the prior
variance.
This appeal is required because during construction an unanticipated condition
of the existing foundation had to be corrected resulting in "demolition" by
definition.
3.The amount o relie re uested is not substantial because: the construction
pursuant to the properly issued building permit was commenced and a
substantial portion of the construction is complete. The original house
remains. A great deal of time and expense was spent during construction to
preserve the existing structure. The new second floor over the existing one-
story (27.4' x 17.6' ) was completed under the issued building permit. The
existing Ft floor deck was reconstructed, as proposed. The setbacks approved
in 2024 by the Board will not change. The previously approved lot coverage
was reduced by 48 square feet. Only the interior finishes must be completed.
The appeal is due to the definition of"demolition" which has been applied to
the existing construction; however, most of the work is completed. Visually,
the house appears exactly as it was proposed and approved by the Board.
I The variance will NOT have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district because: All construction
done pursuant to the building permit was completed more than 100' from the
High-water line on the survey. The sanitary system was replaced resulting in an
environmental benefit. The house now conforms to the flood zone and the New
York State Building Code. There is no adverse effect or impact on the physical
or environmental conditions in the neighborhood or district, on the contrary,
the construction is an improvement to the physical and environmental
conditions in the neighborhood or district. The house conforms to the flood
zone, the sanitary system is away from the beach, the house conforms to the
energy code and hurricane risk.
4. .l-as the alle et di tcul been sel -created? { } Yes, or {X } No Why: the
house was constructed with a building permit, after most of the work was
completed in accordance with the building permit, the 50% determination was
made requiring this application. The defective foundation const - t " m
1982 was not expected and had to be replaced. �i `
Are there any Covenants or Restrictions concerning this land? { } No QV es
(please furnish a copy) Trustees C&R's will be recorded priorZAgAs a iofiitb0ls
CO.
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.
m
Signature of Applicant Authorized Agent
(Agent must submit written Authorization from Owner)
Sworn to before me this
day of
r)yQa6
Notary Public
Notary Public,State of New,York
Commission Expires February 05 201U
Received
APPLICANT'S PROJECT DESCRIPTION NOV 0 5 2025
APPLICANT: DATE PREPARED: 11-3-25
Zoning Board of Appeals
1.For Demolition of Existing Building Areas
Please describe areas being removed: all construction com leted is deemed
"demolition" by definition but the same house previously approved has been
substantially com leted.
H.New Construction Areas(New Dwelling or New Additions/Extensions):
Dimensions of first floor extension: none Dimensions of new second floor:
17.6 x 27.4 over,existing first floor
Dimensions of floor above second level: none
Height(from finished ground to top of ridge):_24'11"_Is basement or lowest
floor area being constructed?If yes,please provide height(above ground)measured
from natural existing grade to first floor: Existing basement walkout on the
water side(per previous Trustee a royal .
M.Proposed Construction Description(Alterations or Structural Changes)
(Attach extra sheet if necessary).Please describe building areas:
Number of Floors and General Characteristics BEFORE Alterations,: existing one-story
house-additions&alterations per building permit 51455.
IV.Number of Floors and Changes WITH Alterations one story and artial-two
st r
V. Calculations of building areas and lot coverage(from surveyor):
Existing square footage of buildings on your property: Original lot coverage
47.2% Ori 'nal:House 1547sf+decks 573,sf+acces o '96sf--2,216 SF
Proposed/constructed: House 1547 SF+decksi too s 636 SF+ no accesso —2,183 sf
Proposed increase of building coverage: Reduction to 461.5"S care footage of lour lot
3( 3 SF): _(9"7"6f)Buildable 4,698 SF Percentage of coverage of your lot by building
area: 46.5% eduction by 33 SF
VI. Purpose of New Construction: replace foundation and construct addition
over the 1983 addition. Due to"demolition" determination the existing house,as
constructed,is a reconstruction.
VII. 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): Beach along Great Peconic Da
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.
QUESTIONNAIRE
FOR FILING WITH YOUR ZBA APPLICATION
A. Is the subject premises listed on the real estate market for sale? �� °"�
B. Are there any proposals to change or alter land contours? NOV 0 5 20 :
X No Yes please explain on attached sheet.
Zoning Board of Appeals
1.)Are there areas that contain sand or wetland grasses?yes
2.) Are those areas shown on the survey submitted with this application? yes Is the property
bulk headed between the wetlands area and the upland building area?No If your property
contains wetlands or pond areas, have you contacted the Office of the Town trustees for its
determination of jurisdiction? After ZBA. Trustees approved original project. A new
application for"demolition" and reconstruction will be required.
D. Please confirm status of your inquiry or application with the Trustees: permit
issued and if issued, please attach copies of permit with conditions and approved
survey: new application for demolition & reconstruction 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
Please show area of the structures on a diagram if any exist or state none on the
above line.
F. Do you have any construction taking place at this time concerning your premises?
Yes If yes,please submit a copy of your building permit and survey as approved by the
Building Department and please describe: Building Permit (#51455)will need to be resubmitted
for demolition and reconstruction
G. Please attach all pre-certificates of occupancy and certificates of occupancy for the
subject premises. If any are lacking,please apply to the Building Department to either
obtain them or to obtain an Amended Notice of Disapproval. OK
H. Do you or any co-owner also own other land adjoining or close to this parcel? NO I If
yes,please label the proximity of your lands on your survey. _
I. Please list present use or operations conducted at this parcel House and the
proposed use same-reconstruction (ex: existing single family,
proposed: same with garage,pool or other)
Authorized signature:
FORM NO. 4
TOWN OF SOUTHOLD Received
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y. NOV ® 5 2025
Zoning Board of Appeals
CERTIFICATE OF OCCUPANCY
No. ...�i.. `� .......... Date .. ........ ......... ..... .�W?.. ..r ,.,......, 1 ... ,
THIS CERTIFIES that the building located at -PaXirk..,A�TG........................................... ... .Street
Map No. ...XXX........... Block No. .........=........ Lot No. .......M........ t1&t�l i..............».........
,..
conforms substantially to the Application for Building Permit heretofore filed in this office dated
. ..........................actiabes.....2D....... 19..62.. pursuant to which Building Permit No. .M91.$...
dated ..........................CDatobev...,aO...... 19...6Z, 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 ........
................J'r:Lvatp:. zyie..fa ily....ciweIlirag. ...............»,,,...........»,...........................................
The certificate is issued to ...l Ts ..CJ. 7` .. 0 ,y4X1bur ...... ....•.,0 ....•.. .....»............».« .
(owner, lessee or tenant")
of the aforesaid building.
Building Inspector
FORM NO.4
e ce 17,,,,;.
TOWN OF SOUTHOLD
BUILDING DEPARTMENT NOV 0 5 2025
Office of the Building Inspector
Town Hall
Southold, N.Y. Zoning Board of Appeals
Certificate Of Occupancy
Z'I'1726 Date June 1 3 19 83
THIS CERTIFIES that the building .Addition. . . . . . . . . . . . . . . . . . . . . .. . . • . . . . . . • • . .
Location of Property 2550 BungPlow Lane Mattituck
House No. Street Ham/et
County Tax Map No. 1000 Section . . . . ..3. . . . .Block . . . . .08. . . . „ .. . .Lot . . . . .021. . . . . . . . .
Subdivision .Marratocka Park . . , . , , . .Filed Map No. 9 . . . .Lot No. . . . 26p . . . . . .
conforms substantially to the Application for Building Permit heretofore filed in this office dated
October 27 19 82. pursuant to which Building Permit No. . .'I1 989Z . . . . . . . . . . . .
dated October 27 . , . 19 .82,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 . . . . . . . . .
For living room .&deck addition to an existing dwelling
The certificate is issued to . . AELEN GOETZ . . . . . . . . . . . . . . . . . . . . . .
(owner,lessee or tenant)
of the aforesaid building.
Suffolk County Department of Health Approval . . . N/A, . , ,
UNDERWRITERS CERTIFICATE NO. .N, 870'162
Building Inspector
Rev. 1/81
FORM NO. 4 /
Received
TOWN OF SOUTHOLD BUILDING DEPARTMENT NOV 0 5 2025
Office of the Building Inspector
Town Hall Zoning Board of Appeals
Southold, N.Y.
CERTIFICATE OF OCCUPANCY
No: Z--25700 Date: 05/01/98
THIS CERTIFIES that the building ADDITION
Location of Property: 3340 PARK AVE MATTITUCK
(HOUSE NO. ) (STREET) (HAMLET)
County Tax Map No. 473889 Section 123 Block 8 Lot 21
Subdivision Filed Map No. Lot No.
conforms substantially to the Application for Building Permit heretofore
filed in this office dated APRIL 23, 1997 pursuant to which
Building Permit No. 24211-Z dated JUNE 23, 1997
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 DECK ADDITION TO EXISTING ONE FAMILY DWELLING AS APPLIED FOR.
The certificate is issued to DOUGLAS WILL'IAM POLLOCK
(OWNER)
of the aforesaid building.
SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A
ELECTRICAL CERTIFICATE NO. N/A
PLUMBERS CERTIFICATION DATED N/A
Bui ding Inspec r
Rev. 1/B1
FORM NO. 4
Fte
TOWN OF SOUTHOLD
BUILDING DEPARTMENT N0�1 0 5 t�2�
Office of the Building Inspector
Town Hall Appeals
Southold, N.Y. Zoning Board of
PRE EXISTING
CERTIFICATE OF OCCUPANCY
No: Z- 33001 Date: 04/28/08
THIS CERTIFIES that the building DWELLING
Location of Property 3340 PARK AVE MATTITUCK
„
(HOUSE NO. ) (STREET) (HAMLET)
County Tax leap No. 473B89 Section 123 Block 0008 Lot 021
Subdivision Filed flap No. Lot No.
conforms substantially to the Requirements for a ONE FAMILY DWELLING
built prior to APRIL 9 1957 p _ pursuant to which CERTIFICATE OF
OCCUPANCY NUMBER Z- 33001 dated APRIL 28, 2008
was issued, and conforms to all of the requirements of the applicable
provisions of the law. The occupancy for which this certificate is
issued is ONE FAMILY DWELLING*
The certificate is issued to DOUGLAS W. & MARCIA G. POLLOCK
(OWNER)
of the aforesaid building.
SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAI. N/A
ELECTRICAL CERTIFICATE NO. N/A
PLUMERS CERTIFICATION DATED N/A
*PLEASE SEE ATTACKED INSPECTION REPORT.
Aut orized Signature
Rev. 1/81
BUILDING DEPARTMENT
TOWN OF SOUTHOLD yy
HOUSING CODE INSPECTION REPORT
14MATTCK: 3340 PARK AVE MATTITUCK
0 v
SUBDIVISION: MAP No.: IJDT (s)
XOM OF OWIER (S): DOUGLAS W. & MARCIA G. POLLOCK
OCCUPANCY: SINGLE FAMILY DWELLING DOUGLAS W. & MARCIA G. POLLOCK
ADMITTED BY: OWNER ACCOMPANIED BY: SAME
KEY AVAILABLE: SUFF. CO. TAX MAP BO-: 123-8-21
..........
SOURCE OF REQUEST: IRA L. ZANKMEL., ATTX �17 08 DATE: 04/28/0
DWELLING:
TYPE OF CONSTRUCTION: WOOD FRAME # STORIES: 1.0 # EXITS: 2
FUTUH)ATION: POURED CONCRETE & CEMENT BLOCK C!ELI": PART CRANG SPACE: PART
TOTAL ROOKS: IST FLR.: 7 2ND FLR.: 0 3RD FIR.: 0
BATEROOK(S) 2.0 TOILET ROOK(S)- 0.0 UTILITY ROON(S):
PORCH TYPE- WOOD FRAME DUCK -XV .WOOD PATIO TYPE:
BRElammuff: FIREPLACE: G2uu%=.-
DOMESTIC EKYTHATER: YES TYPE HEATER; AIRCcoDrnCwj[nG-
TYPE BEAT: GAS MARK AIR: YES EKn-dAlXR-.
YES
OTHER: ELECTRIC HOT WATER HEATER
.................
ACCESSORY STRUCTURES:
GARAGE, TYPE OF CUNST.- STORAGE, TYPE CORST.;
SWIMMING POOL-- GUEST, TYPE CURST.;
OTHER:
VIOLATIONS: CHAPTER 45 N.Y. STATE UNIFORM FIRE PREVENTION & BUILDING CODE
LOCATION DESCRIPTION ART. SEC.
REMARKS: BP#llsz—COZIS-7.3-.(ARD-LB�P#1-1982�Z L726(AXs S).A?
INSP BY: DATE Off INSPRMON: 04/25/013
ECTED
GEORGE GILLEN TIME START: — XM.-
North Fork Woodworks
810 Traveler street, Southold NOV )2,
Zoning Board of App ak;
October 2 2025
John Jarski Building Inspector Town of Southold Building Department 53095 Main Road P.O.
Box 1179 Southold, NY 11971-0959
Re: 3340 Park Avenue, Mattituck, NY- Foundation Documentation SCTM #1000-123-8-21
Dear John,
I'm writing to document the foundation work at the above property as Kate Samuels
updates the plans to reflect the as-built condition. The enclosed construction photos
clearly show that all frame work and framing adjustments align exactly with the plans
approved by the Southold Town Building Department, submitted by Kate Samuels.The only
item requiring clarification is the replacement of the deteriorated CMU foundation walls
with poured concrete walls.
When we raised the house per the approved plans, Shane Burgher and I (Scott
Edgett) discovered the existing foundation walls were deteriorating and inadequate for the
planned 3-foot addition.The blocks were not securely fastened to the existing footing.The
only way to.properly secure the walls would have required removing all the blocks down to
the footing and drilling new pins -essentially rebuilding the entire foundation wall.
The new foundation needed to be poured ASAP to receive the house back down,which was
sitting on cribbing.To save and protect the existing structure,we moved quickly and swiftly
after the engineer's determination that the CMU blocks were not worthy of supporting the
house or raising them 3 feet. Kate Samuels' architectural firm was immediately made
aware and prepared a letter with photos that was mailed to the Southold Town Building
Department. While I understand this letter is not in your files and was not received by the
Building Department, it was submitted with absolute integrity and honesty.We expected
that letter to have been received with plenty of notice before work continued, and when we
heard no response, we believed everything to be kosher and de minimis.
Importantly, this work required NO additional excavation beyond what was already
approved.The property was already excavated to accommodate the lift process and the
cribbing needed to hold up the existing structure. All excavation was approved based on
the house being raised -we performed no new excavation other than what was approved in
the permits.
Throughout this project, North Fork Woodworks, Kate Samuels, and the entire
construction team have maintained transparent communication with you.While we did not
verbalize the foundation issue specifically, we kept you informed on everything else about
the project. As an experienced construction company,we proceeded with careful
consideration to follow the plans in detail.There was no ill intent-we have hundreds of
photos documenting our work, as we understand the importance of these properties and
these types of projects.
The work performed:
• Removed deteriorated CMU wall sections
Poured new 8-foot concrete walls on existing footings and slab NOV 0 5 H25
• Achieved the same result as shown in the Southold Town approved plans: 8-foot
foundation walls Zoning Board of Appsals
• Preserved all existing 2x10 floor joists by sistering with LVLs as specified
• Made no changes to the building footprint or setbacks
• Required no excavation beyond approved scope
The enclosed photos provide comprehensive documentation of our preservation efforts:
Photos 1A-1 E showthe extent of effort in savingthe existing structure:
• Photo 1 A: Shows existing floor beams were NOT removed -visible mix of new and
existing floor sheathing
• Photo 1 B: House back down on foundation with existing floor joists still attached to
original sheathing
• Photos 1 C & 1 D: Document the condition of the existing floor system
• Photo 1 E: Shows existing floor sheathing remaining(proving floor system remained)
and mix of new/existing wall sheathing, demonstrating our attention to saving every
piece
Photos 2A-2C: Continue showing existing floor joist conditions and plywood scabbing
needed to set house back down
• Photo 2C: Shows additional existing flooring being saved and sistered up
Photo 3A: Shows where the wall came down to and was poured new from Photo 313: Shows
existing foundation under cribbing with approved excavation for the lift, revealing hollow
blocks and crumbling conditions
Additional photos of existing conditions are available if necessary.
These photos clearly demonstrate we followed the Southold Town Building Department
approved plans exactly-the existing 2x10 floor system was sistered as required, and the
existing floor joists were cut and modified to accept the new girders and beams as per the
approved drawings.
All framing and existing conditions remain as per the approved building plan set. The
foundation work falls within the determinations made by the Southold Town Zoning Board
of Appeals (May 16, 2024) and the Southold Town Board of Trustees. This matter is strictly
within the purview of the Southold Town Building Department.
Kate is now updating the plans to show the as-built foundation configuration. Please
confirm this foundation work is acceptable as a minor field adjustment consistent with our
Southold Town approved permits.We are ready to move forward with the project.
Thanks,
Scott Edgett President, North Fork Woodworks [Contact Information]
Enclosures:
• Photos 1A-3B documenting existing conditions and completed work
• Updated foundation plans from Katherine Jean Samuels, R.A. dated October 2025
cc: Katherine Jean Samuels, R.A. Shane Burgher, PM [Structural Engineer's Name]
Sent from my iPhone
Thank you, Scott Edgett
TOWN OF SOUTHOLD
BUILDING DEPARTMENT ec'e1 vr-
TOWN CLERK'S OFFICE NOV 0 5 202
SOUTHOLD, NY
Y 7 ....
STOP WORK ORDER
TO: Ross Christopher Trust
10 Rangeley Rdg
Winchester, MA 01890
YOU ARE HEREBY NOTIFIED TO SUSPEND ALL WORK AT:
3340 Park Ave Mattituck NY
TAX MAP NUMBER: 1000-123.-8-21
Pursuant to Section § 280-124 of the Town of Southold Code, you are hereby notified to immediately suspend
all work until this order has been rescinded.
BASIS OF STOP WORK ORDER:
Construction beyond scope of Building Permit#51455 issued 11/10/2024.
CONDITIONS UNDER WHICH WORK MAY BE RESUMED:
When ZBA Trustees and DEC have Issued approvals and permits for all changes.
FAILURE TO REMEDY THE CONDITIONS AFORESAID AND TO COMPLY WITH THE APPLICABLE
PROVISIONS OF LAW MAY CONSTITUTE AN OFFENSE PUNISHABLE BY FINE IMPRISONMENT OR.
BOTH.
DATE: 09/23/2025
John Jarsk
IT SHALL BE UNLAWFUL TO REMOVE THIS NOTICE WITHOUT WRITTEN CONSENT OF THE ISSUING
AGENCY.
Page 1 of 1
BOARD MEMBERS tf so Southold Town Hall
Leslie 53095 Main Road•P.O. Box 1179 Kanes Weisman,Chairperson Southold,NY 11971-0959
Patricia Acampora +Office Loca 'on:
Robert Lehnert,Jr.
To Annec lT'trst boor
Nicholas Planamento
54375 Maw Road( t ouns'Avenue)
Margaret Steinbugler U0 Southold,NY 11971
NOV 0 5 N25
http://southoldtownny.gov
ZONWG BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631)765-1809
September 19,2025
Patricia C.Moore
Attorney at Law
51020 Main Road
Southold,NY 11971
Re; De Minimus Request,File#7896
Ross Trust,3340 Park Avenue, Mattituck,NY
SCTM No. 1000-123-8-21
Dear Mrs. Moore;
We are in receipt of your correspondence dated September 4,2022 requesting a de minimus approval for
improvements to the above referenced single family dwellingb In the Zoning Board of Appeals(ZBX)
determination No. 7896,dated May 16,2024,the'applicacpt was granted variance relief for additions and
alterations to an existing single-family dwelling.. The variances granted allowed for less than the minimum
required yard setbacks,excessive lot coverage, and the construction exceeding the°allowable sky plane,.
In your letter you explain that your request is due to framing changes and that new structures have been added,
to the existing walls,floor and roof for structural viability that were not included in the original plan.
However during an inspection of the site,the Building Inspector has determined'that the improvements have
,
gone beyond the scope of the Zoning Board of Appeals approval,and has determined that further approvals by
the ZBA may be required.
The Z BA relies on the Building Department's expertise to determine whether a project is considered a
demolition. The Board, during the September 18,2025 Special Meeting,has assessed that the subject structure
has been demolished,pursuant to the Town Code,.and that a revised Notice of Disapproval should be issued.
This decision'is consistent with other'denials for de minimus.requests that we;have issued to applicants that
were granted relief for additions and alterations and were later determined to result in a demolition.
Should you wish to pursue the rebuilding of a single-family dwelling,you will need to apply for variance relief
for ademolition with a new application and a public hearing.
Please contact our office for any additional questions or`concerns.
i of d
Vi C air
cc: Mid ael Verity,Building Department
Received
TOWN OF SOUTHOLD NOV 0 5 2025
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE Zoning Board of Appeals
SOUTHOLD NY
BUILDING PERMIT
(THIS PERMIT MUST BE KEPT ON THE PREMISES
WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS
UNTIL FULL COMPLETION OF THE WORK AUTHORIZED)
Permit#: 51455 Date: 12/10/2024
Permission is hereby granted to:
Ross Christopher Trust
10 Rangeley Rdg
Winchester, MA 01890
To:
Construct additions and alterationsto an existing single-family dwelling as appliedforto include HVAC
and outdoor shower and the removal of two existing sheds,as perTrustees, DEC, ZBA and SCHD
approvals.
Premises Located at:
3340 Park Ave, Mattituck, NY 11952
SCTM# 123:8-21
Pursuant to application dated 10/03/2024 and approved by the Building Inspector.
To expire on 12/10/2026.
Contractors:
Required Inspections:
Fees:
Single Family Dwelling- Addition&Alteration $2,253.50
CO Single Family Dwelling-Addition /Alteration $100.00
Total S7,353.50
Building Inspector
S"'AMUELS+
STEELMAN
kate samuetsandsteeNman.com NOV 0 5 2025
631 7 4-640 a
Samuelsandsteelman.com Zoning Board or
05/07/25
Town of Southold Building Department
Town Hall Annex Building
54375 Route 25
PO Box 1179
Southold, NY 11971
RE: 3340 Park Ave, Mattituck
Dear Building Inspector/ permit administrator:
I hereby attest that every effort has been made by North Fork Wood Works to preserve
existing fabric at 3340 Park Ave, Mattituck project, as required by the Zoning Board of
Appeals and your department. At the same time, they have closely followed the
drawings stamped as part of the Building Permit, and the structure complies exactly to
the size and configuration shown, originally approved, and required by code. Although it
will be necessary to remove some of the framing elements to achieve the approved
design changes, I contend that more than half of these elements remain, accounting for
at least 50% of the original structure.
The pre-existing structure was a lightly framed, seasonal cottage built in 1910s. It has
2x4 stud walls, often greater than 24" on center, with (2)2x4 headers and no multiple
framing at openings. The existing ridge beam has been cut up between roof joints, and
only a single 2x6. Significant portions of the existing building had sagged and
technically failed. See pictures attached. Additionally, the existing roof would not be to
code regarding ceiling code requirements. In order to meet current standards of
construction, new framing is required, as was shown and approved on the permit set.
That said, much of the pre-existing structure can remain, including:
first floor subflooring and floor joists
all pre-existing interior/exterior floor wall framing which was shown to remain on the
drawings.
all pre-existing roof rafters which could remain to achieve the new roof configuration
North Fork
25234 Main Road
Gutchogue,N "11935
Brooklyn
61 Grieanpoint Ave,512
Brooklyn,NY 11'222
,J
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SAMUELS+ NOV 0 5 2025
STEELMAN Zoning Board of Appeals
kate samuelsdndsteeIman.com
631'-" 34-640
Samuelsandsteelman.com
• Existing plywood sheathing in most locations (only replaced in select areas that have
been rotted out and not structural sound)
We will be able to send in updated drawings to your department in the coming weeks representing
the new framing that is proposed prior to your framing inspection. Please reach out if you have any
questions,
Kate Samuels, RA
Existing Framing
North Fork
25234 Main Road
Cutchogue,NY 11935
Brooklyn
61 Greenpoint Ave,512
Brooklyn,NY 11222
SAMUELS+
STEELMAN NOV 0 5 2025
Bate&amuelsandsteel!man.com Zoning BOEIR-1 01
631-734-6405
Samuelsandsteelman.com
North Fork
25234 Main Road
Cutchogue,NY 11935
Brooklyn
61 Greenpoint Ave,512
Brooklyn,NY 11222
SAMUELS+
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631-734-6405
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BOARD MEMBERS o Southold Town Hall
Leslie Kanes Weisman, Chairperson a 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
C®UN�z� �O'C ,6V6 Southold,NY 11971
RECEIVED
http://southoldtownny.gov NOV2�25 'k � 7:53
ZONING BOARD OF ARRE-AL<Sard of Appeals MAY 20 W
TOWN OF SOUTHOLD
Tel. (631) 765-1809 OUtlltrl� l
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF MAY 16, 2024
ZBA FILE: #7896
NAME OF APPLICANT: Christopher Ross,Trustee of the Christopher Ross Trust
PROPERTY LOCATION: 3340 Park Avenue(Adj. to the Great Peconic Bay) Mattituck,NY
SCTM#1000-123-8-21
SERA DE"1 EIIVIINA IOI : 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.
SUEFOLK COUNTY ADMINISTRATIVE CODE,:: This application was referred as required under the Suffolk
County Administrative Code Sections A 14-14 to 25,and the Suffolk County Department of Planning issued its reply
dated February 20, 2024 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 DETERMIN I ION: This application was referred for review under Chapter 268, Waterfront Consistency
review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy
Standards. The LWRP Coordinator issued a recommendation dated April 23, 2024. Based upon the information
provided on the LWRP Consistency Assessment Dorm submitted to this department,as well as the records available,
it is recommended that the proposed action is INCONSISTENT with the LWRP policy standards and therefore is
INCONSISTENT with the LWRP.
Policy 4. Minimize the loss of life, strictures, and natural resources from flooding and erosion.
The proposed 47.6 percent lot coverage on the parcel is contrary to preventing loss of the structure in the
near flood hazards. The parcel and portions of the structure are located in the FEMA Flood Zone X subtype 0.2
Percent annual Chance Flood Hazard.
The structures within these areas are subject to repetitive loss from storm surge-induced events and should
be avoided and/or minimized. Expansion over the maximum permitted lot coverage(20 percent) is not supported by
this policy.
Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation
in preparing its written determination regarding the proposed action.
After consideration of the information given to the Zoning Board of Appeals at the Public I-fearing held. on May 2,.
2024, the Board of Appeals has determined that by raising the dwelling by two feet", located in FEMA Flood Gone
X, as well as reducing the lot coverage from the existing 47.'1%to a proposed 46.5%, and the proposed installation
of an Innovative Advanced (I/A) septic system, as affirmed by the applicant's representative„ will mitigate the
Page 2, May 16,2024 NOV 0 5 2025
#7896, Christopher Ross Trust
SCTM No. 1000-123-8-21
inconsistencies with LWRP policy standards. Accordingly,this Board is able to recommend that the proposed action
is now CONSISTENT with LWRP policy standards.
P QPFK Y 1"°AQ"J`S DESCRIPTIQ Nmm The subject property is a nonconforming 9,761 square foot parcel (4,698
square foot buildable land) located in the Residential R-40 Zoning District.The subject property is strangely shaped.
The northeasterly property is 17 feet and is adjacent to Bungalow Lane (Bungalow Road) off of Park Avenue, the
property then runs Southeasterly at 62.27 feet continuing Southeasterly at 56.56 feet, then continues Southwesterly
at 49.25 feet continues Southeasterly at 62.13 feet, Southerly at 51.72 feet which is adjacent to Great Peconic Bay,
Westerly the property line measures 179.40 feet continuing to the northeasterly property measuring 33.33 feet. The
parcel is improved a one-story frame dwelling with an attached wood deck at the rear of the dwelling with two sheds
located in the front (northerly location) as shown on the survey map prepared by Paul Barylski, LS and dated May
31, 2023.
BASF OI�AI?PLIION: Request for Variances from Article XXIII, Sections 280-124;Article XXXVI, Section
280-208A;and the Building Inspector's December 5,2023 Notice of Disapproval based on an application for a permit
to construct addition and alterations to an existing single-family dwelling„ at I) located less than the code required
minimum side yard setback of 10 feet; 2) located less than the code required minimum combined side yard setback
of 25 feet; 3)more than the code permitted maximum lot coverage of20%;4)the Construction exceeds the permitted
sky plane as defined in Article I, Section 280-4 of the Town Code; located at 3340 Park Avenue (Adj. to Great
Peconic Bay), Mattituck,NY. SCTM#1000-123-8-21.
RELIEF REQUESTED: The applicant requests variances to construct additions and alterations to an existing single-
family dwelling. The proposed construction, on this nonconforming 9,761 square foot lot (4,698 square foot
buildable land) located in the Residential R-40 Zoning District, is not permitted pursuant to Article XXIII, Section
280-124, which states lots measuring less than 20,000 square feet in total size require a minimum side yard of 10
feet, a combined side yard setback of 25 feet and maximum lot coverage of 20%. The proposed minimum side yard
setback is 5 inches, the combined side yard setback is 1 foot 7 inches and the proposed lot coverage is 46.5%. In
addition, the proposed construction is not permitted pursuant to Section 280-208(A) which states, "Any building or
structure on any lot in the A-C, R-40. R-80, R-120. R-200, and R-400 Zoning Districts must be within the sky plane."
The proposed construction exceeds the permitted sky plane.
ADDITIONAL INFORMATION: w The applicant's representative provided the Board with a list of prior ZBA
decisions granting relief for variances in the community without indicating specific relief granted. Please see list
below:
Application#4524, 11/13/1997
Application#5231, 1/23/2003
Application#5403, 1/10/2000
Application#7589, 2/17/2022
Application 97829, 10/19/2023
On January 18, 2024, the Southold Town Board of Trustees made a pre-submission inspection of the property and
they relocated the Landward edge of the tidal wetlands which extends more landward than has previously been
located by the surveyor. Due to this change the revised wetlands reduces the "buildable area" of the lot by almost
one half of the parcel and results in a significant increase in lot coverage. The applicant will be required to apply to
the Southold Town Board of Trustees for a Wetlands Permit.
The existing structures on the subject lot were legally constructed and have Certificates of Occupancy issued by the
Town of Southold. The applicant testified that two sheds in the front yard of the subject property are being removed
and that adjacent dwellings are owned and occupied by family members.
Page 3, May 16,2024
#7896, Christopher Ross Trust NOV 0 5 2025
SCTM No. 1000-123-8-21
FINDINGS OF-FACT/ RL�AS-ONS-L(-[a BOARD-AC'r[Q-N--',
The Zoning Board of Appeals held a public hearing on this application on May 2, 2024 at which time written and
oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and
f e rue and relevant
surrounding neighborhood, and other evidence, the Zoning Board finds thefollowing acts to b t
and makes the following findings:
1. Town Law 4267-b(3)(b)J1 Grant of the variance will not produce an undesirable change in the character of the
neighborhood or a detriment to nearby properties, The proposed new second floor over the existing structure will
riot change the character of the neighborhood or pose a detriment to the community, Two-story dwellings are,
common, in the neighborhood and along the waterfront properties adjacent to the subject property. The one-story
portion of the existing house is not changing, other than being raised two feet, and has a Certificate of Occupancy.
The existing one-story dwelling in this location is pre-existing and nonconforming.
2. Town Law.4267-bQ(b),(2)L The benefit sought by the applicant cannot be achieved by some method, feasible
for the applicant to pursue, other than an area variance. Any construction on the subject property is burdened with
severe restrictions due to wetlands along Great Peconic Bay which limit the buildable area of the lot and create the
preexisting non-conforming lot coverage;the very odd shape of the subject lot,and the pre-existing,non-conforming
setbacks of the subject dwelling. In addition, the existing one story as built dwelling already exceeds the sky plane
setback which was built many years before this sky plane regulation was added to the Town Code.
3, Town Law§2 7-b(3)(b)(3). The variances granted herein are mathematically substantial,representing 96%relief
)-
from the code for the side yard, 93.6% relief for the combined side yard setback, and representing 133% relief for
the lot coverage. However, the proposed addition on the east side of the residence will be 8 feet from the property
line. The non-conforming footprint of the existing dwelling and decks will remain the same,as the proposed addition
is for a second story over the existing dwelling. Due to the reduction in the"buildable area"of the parcel,the existing
lot coverage is 47.1%. but the proposed lot coverage is 46.5% which is a reduction of 33 square feet. Also, the Site
Plan drawings show that the existing dwelling is already within the sky plane and the elevation of the first floor also
locates the second story addition within the sky plane and no further plans are in place to exceed what already exists.
4. Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential
community will have: an adverse impact on the physical or environmental conditions in the neighborhood. The
applicant must comply with Chapter 236 of the Town's Storm Water Management Code.The elevation of the subject
dwelling by two feet,although not required by FEMA,will reduce flooding,and the installation of an IA waste water
treatment system will improve environmental conditions by reducing nitrogen contamination,
5. To wn,Law §267-b(3)ib The difficulty has been self-created. The applicant purchased the parcel after the
Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the
limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase.
6. Town Law.,§267-b Grant of the requested relief is the minimum, action necessary and adequate to enable the
applicant to enjoy the benefit of alterations and additions to the existing dwelling while preserving and protecting the
character of the neighborhood and the health, safety and welfare of the community.
U�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 Acampora, seconded by Member Planamento, and duly
carried, to
GRANT the variances as applied for, and shown on the Site Plan Map(Sheet S-1.2)and Architectural Plans(Sheets
A-1.2, A-2.2, A-3.2, A-4.2 and A-5.2) prepared by Katherine Jean Samuels, R.A., last revised March 5, 2024.
Page 4, May 16,2024
97896, Christopher Ross Trust
SCTM No. 1000-123-8-21 �q0V 0 5 202J
SUBJECT TO THE FOLLOWING CONDITIONS:
1. The applicant shall install a Suffolk County Department of Health Services approved Innovative and Alternative
Onsite Wastewater Treatment System (I/A OWTS).
2. The proposed improvements shall receive approvals from the Town of Southold Board of Trustees.
3 During the construction,the applicant shall remove the existing rear deck structure and decking attached to the
dwelling and replace it with a new elevated attached deck in bind,
4. The two "as built"sheds located in the front yard shall be removed,
This approval,shrill not be deemed effective until the required conditions have been met.At the discretion of the
Board of Appeals,failure to comply with the above conditions may render this decision null and void
That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued.
The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not
increase the degree of nonconformity.
IMPORTANT LIMITS ON THE APPROVAL`S GRANTED HEREII'
Please Read Carefully
Any deviation from the survey,site plan and/or architectural drawings cited in this decision,or work exceeding the
scope of the relief granted herein, will result in delays andror a possible denial by the Building Department of a
building permit andlor lite issuance of a Stop WW°ork Order,and may require a new application and public hearing
before the Zoning Board of Appeals.
Any deviation from the variance(s)granted herein as shown on the architectural drawings,site plan and/or survey cited
above,such as alterations, extensions, demolitions, or demolitions exceeding the scope of the relief granted herein, are
not authorized under this application when involving nonconfdrmiti+es under the zoning code. This action does not
authorize or condone any current or future use, setback or other feature of the subject property that may violate the
Zoning Code, other than such uses,setbacks and other features as are expressly addressed in this action.
TIME LI1%1ITS ON THIS APPROVAL: Pursuant to Chapter 280-146(B) of the Corte 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.I. Failure to comply in a timely manner may result in the denial by the
Building Department of a Certificate of Occupancy, nullify the approved variance relief,and require a new
variance application with public hearing before the Board of Appeals
Vote of the Board: Ayes: Members Weisman (Chairperson), Dantes, Planamento, Acampora, and Lehnert. (5-0)
Leslie Iaries Weisman, Chairperson
Approved for filing %> / % '� /2024
AGRICULTURAL DATA STATEMENT
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use
permit, site plan approval,use variance, area variance or subdivision approval on property within
an agricultural district OR within 500 feet of a farm operation located in an agric Mural district.
All applications requiring an agricultural data statement roust be referred to the Cit ✓
Department of Planning in accordance with Section 239m and 239n of the General Municipal
Law.
'q " 05 ?l2
1. Name of Applicant: Christopher Ross,Trustee of the Christopher Ross trust-`W-5(5 o)s Ppeals
and Michelle Ross,Trustee of the Michelle Ross Trust-2015 50%
2. Address of Applicant: 10 kan ele Ridge Winchester MA 01890
3. Name of Land Owner(if other than Applicant): same
4. Address of Land Owner: same
5. Description of Proposed Project: Demolition and reconstruction same plan as
al2peal#7896 of 2025
6. Location of Property: (road and Tax map number) 3340 Park.Avenue Mattituck
7. Is the parcel within 500 feet of a farm operation? { } Yes {X} No
8. Is this parcel actively farmed? { } Yes {X} No
9. Name and addresses of any owner(s) of land within the agricultural district containing
active farm operations. Suffolk County Tax Lot numbers will be provided to you by the
Zoning Board Staff, it is your responsibility to obtain the current names and mailing
addresses from the Town Assessor's Office (765-1937) or from the Real Property Tax
Office located in Riverhead.
NAME and ADDRESS
1.
2.
3 ..
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 of the over
all 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.
+` r
617.20
Appendix B
Short Environmental Assessment Form NOV 0 5 2025
Instructions for Completing Z011010 Board of APPoals
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:
Christopher Ross, Trustee
Project Location(describe,and attach a location map):
3340 Park Ave., M
Brief Description of Proposed Action:
demolition and reconstruction by definition
existing house under construction pursuant to building permit#51455
I
Name of Applicant or Sponsor: Telephone:
Christopher Ross, Trustee E-Mail:
Address:
10 Rangeley Ridge
City/PO: State: Zip Code:
Winchester MA 01890
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
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:
Trustees, DEC amendment
3.a.Total acreage of the site of the proposed action? 9761 SF acres
b.Total acreage to be physically disturbed? 4698 SF acres
c.Total acreage(project site and any contiguous properties)owned
or controlled by the applicant or project sponsor? 0 acres
4. Check all land uses that occur on,adjoining and near the proposed action.
Urban EJRuraI(non-agriculture) []Industrial aommercial aesidential(suburban)
Forest Agriculture Aquatic Other(specify): ............................
[—]Parkland
Page 1 of 4
5. Is the proposed action, NO YES N/A
a.A permitted use under the zoning regulations? N O V 05 202 ✓
b.Consistent with the adopted comprehensive plan?
6. Is the proposed action consistent with the predominant character of the existing a or NO tira' �� � ° NO YES
landscape?
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: Q 17
fy
8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES
b.Are public transportation service(s)available at or near the site of the proposed action? 10 R
c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? ✓
9.Does the proposed action meet or exceed the state energy code requirements? NO YES
If the proposed action will exceed requirements,describe design features and technologies: ❑
10. Will the proposed action connect to an existing public/private water supply? NO YES
If No,describe method for providing potable water: F7
11.Will the proposed action connect to existing wastewater utilities? NO YES
If No,describe method for providing wastewater treatment: new 1A System 5/1 El
12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES
Places?
b.Is the proposed action located in an archeological sensitive area?
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? ✓
b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody?
If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: M
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 ❑Agrlculturallgrasslands ❑Early mid-successional
❑✓ Wetland ❑Urban ❑Suburban
15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES
by the State or Federal government as threatened or endangered? V/
16.Is the project site located in the 100 year flood plain? NO YES
17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES
If Yes,
a.Will storm water discharges flow to adjacent properties? ❑NO❑YES Z El
b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)?
If Yes,briefly describe: ❑✓ NO❑YES
Page 2 of 4
18.Does the proposed action include construction or other activities that result in the imp6oridment,4 NO YES
water or other liquids(e.g.retention pond,waste lagoon,dam)?
P purpose a
If Yes,explain ose u and size: �d��_ �
19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES
solid waste management facility?
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: �r
I AFFIRM THAT THE INFORMAT WP�OVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY
KNOWLEDGE
°
Applicant/sponsornarne: ✓ „m_.. .._ Date:
Signature:
kl-
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? o
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? El 1:1
4. Will the proposed action have an impact on the environmental characteristics that caused the
establishment of a Critical Environmental Area(CEA)? El 1:1
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? El
6. Will the proposed action cause an increase in the use of energy and it fails to incorporate
reasonably available energy conservation or renewable energy opportunities?
7. Will the proposed action impact existing: E
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, El
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)? 17 El
Page 3 of 4
m
No,or Moderate
NOV O 5 2025 small to large
impact impact
may ay
Zoning Board of Apt,.,x: io cur occur
10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage
problems? El 1:1
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
l3j
Board of Zoning Appeals A lica ved
NOV 0 5 2025
OWNER'S AUTHORIZATION
(Where the Applicant is not the Owner) Zoning Doard of hpperls
I, c4r; s lq a J tic"('Je K' -SS residing at
do hereby authorize Pa icia C. Moore 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 T1=IE PROPERTY OWNER'S RESPONSIBILITY
TO ENSURE COMELIANCE WITH THE, CODE REQUIRED TIME FRAMIE
DESCRIBED REE IN.
Oerrner Name
Owner Name
APPLICANT N01 0 5 1111
TRANSACTIONAL DISCLOSURE FORM
(FOR SUBMISSION BY OWNER and OWNERS AGI"ng 5oaro al Appoals
The Town of Southolds Code of Ethics roltibits cortfl:icts of interest oe the art of Town officers
and employees. The purpose of this form is to p ovide information, which can_alert the Town of
possible conflicts of interest and allow it to take,whatever action is necessary to avoid same.
�e� !Z RO 5-S AND PATRICIA C. MOORE
YOUR NAME: Ui�C- —
NATURE OF APPLICATION: (Check all that apply.)
Tax Grievance
Variance
Special Exception
If Other,
name the activity:
Change of Zone
Approval of Plat
Exemption from Plat
or Official Map
Other Trustees
Do you personally,(or through your company, spouse, sibling,parent,or child)have a relationship
with any officer or employee of the Town of Southold?Relationship includes by blood,marriage,
or business interest. " business interest means a business, including a partnership, in which the
Town officer or employee has even a partial ownership of(or employment by) a corporation in
which the Town officer or employee owns more than 5%of the shares.
YES NO—X
Complete the balance of this form and date and sign below where indicated.
Name of person employed by the Town of Southold:
Title or position of that person:
Describe that relationship between yourself(the applicant) and the Town officer or employee.
Either check the appropriate line A through D(below)and/or describe the relationship 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 than 5%of the shares of the corporate stock
of the applicant(when the applicant is a corporation);
13)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 'S day of CC Signature:
C---.P icia C.Moore—�
APPLICANT/AGENT/REPRESENTATIVE NOV V 2025
TRANSACTIONAL DISCLOSURE FORM
Zoning B-oard of Appeals
lhjs.&_m, Ig pMide" the 12LYn 2(991ijbis majim gf in w 1112 take-whmagragdomawatp
a "
YOUR NAME: G ,-(-i S a Ss
(Last name,first name,ipiddle 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.)
NAME OF APPLICATION: (Check all that apply.)
Tax grievance Building
Variance Trustee
Change of Zone Coastal Erosion
Approval of plat Mooring
Exemption from plat or official map Planning
Other
(if"Other",name the activity.)
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 employce 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):
LIA)the owner of greater than %of the shares of`the cocporato 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 . 131 ds of
Sig,nsctur
Print Name
Form TS 1
"c G'v
NOV 0 5 202,
Town of Southold
LWRP CONSISTENCY ASSESSMENT FORM
A. INSTRUCTIONS y
l. All applicants for permits* including Town of Southold agencies,shall complete this CCAF for
proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law.
This assessment is intended to supplement other information used by a Town of Southold agency
in making a determination of consistency. *Except minor exempt actions including Building
Permits and other ministerial permits not located within the Coastal Erosion Hazard Area.
2. Before answering the questions in Section C,the preparer of this form should review the exempt
minor action list,policies and explanations of each policy contained in the Town of Southold
Local Waterfront Revitalization Program.A proposed action will be evaluated as to its significant
beneficial and adverse effects upon the coastal area(which includes all of Southold Town).
3.. If any question in Section C on this form is answered"yes",then the proposed action may affect
the achievement of the LWRP policy standards and conditions contained in the consistency review
law.Thus,the action should be analyzed in more detail and,if necessary,modified prior to making
a determination that it is consistent to the maximum extent practicable with the LWRP policy
standards and conditions.If an action cannot be certified as consistent with the LWRP policy
standards and conditions, it shall not be undertaken.
A copy of the LWRP is available in the following places: online at the Town of Southold's website
(southoldtown.northfork.net),the Board of Trustees Office,the Planning Department,all local libraries and
the Town Clerk's office.
B. DESCRIPTION OF SITE AND PROPOSED ACTION
SCTM# 1000-123-8-21
AGENT: Patricia C. Moore
The Application has been submitted to (check appropriate response):..
Town Board ❑ Planning Dept. ❑ Building Dept. ❑
Board of Trustees X Zoning Board of Appeals X
1 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) ❑
(b) Financial assistance (e.g. grant, loan, subsidy) ❑
(c) Permit, approval, license, certification: ❑ Type:
Town of Southold LWU
Consistency Assessment Form
1
`r
Nature and extent of action: on �ro
Location of action 3340 Park Avenue Mattituck
CA
Site acreage: 9,761
Present land use: preexisting house reconstructed pursuant to a buildin permit-
demolition,by definition reg uires new variance and new Trustees Permit for work
exceeding the sco a of the permit
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: Christo er Ross Trustee of Christopher Ross Trust dated
2015 50% and Michelle Ross Trustee of Michelle Ross Trust dated 2015. 50%
(b) Mailing address 10 Rangely Ride Winshester MA 01890
(c) Telephone number: 857-204-2458
(d) Application number, if any:
Will the action be directly undertaken, require funding, or approval by a state or federal
agency? Yes ❑ No X If yes, which state or federal agency:
DEVELOPED COAST POLICY
Policy 1. Foster a pattern of development in the Town of Southold that enhances
community character,preserves open space, makes efficient use of infrastructure, makes
beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP
Section III-Policies; Page 2 for evaluation criteria.
Yes No ❑ Not Applicable ❑
Discussion (if appropriate): Preexisting house constructed with.FEMA compliant
foundation and additions and alterations to the existing structure to meet current
building code and new 2nd floor addition over 1984 addition,. Permits obtained from
all regulatory Legulatory agencies prior to issuance of building permit. Foundation under
1.984 addition was constructed in violation of building codes and had to be re laced
to meet current structural code.
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
Town of Southold LWRP
Consistency Assessment Form
2
v. V ;
Yes ❑ No ❑ Not Applicable X NOV ® 5 2025
Discussion (if appropriate): Zoning Board of Appeals
Policy 3. Enhance visual quality and protect scenic resources throughout the Town of
Southold. See LWRP Section III-Policies Pages 6 through 7 for evaluation criteria
Yes ❑ No ❑ Not Applicable
Discussion (if appropriate):
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
Yes X No ❑ Not Applicable ❑
Discussion (if appropriate): Improvements to the existing house minimize loss of life and
protects from flooding and errosion
Policy S. Protect and improve water quality and supply in the Town of Southold. See LWRP
Section III-Policies Pages 16 through 21 for evaluation criteria
Yes x No ❑ Not Applicable
Discussion (if appropriate): Yes-new sanitan system, relocated from bay side to street.
side.
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 X No ❑ Not Applicable ❑
Discussion (if appropriate)all activity w:s located more than 2gQ' from meats high water
Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III-
Policies Pages 32 through 34 for evaluation criteria. See Section III-Policies Pages; 34
through 38 for evaluation criteria.
Yes X No ❑ Not Applicable
Discussion (if appropriate): .All systems 'meet current energy code
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.
Town of Southold LWRP
Consistency Assessment Form
3
1
Yes ❑ No ❑ Not Applicable X NOS 0 5 2025
Discussion (if appropriate):
Zoning Board of Ap;zais
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.
Yes X No ❑ Not Applicable
Discussion (if appropriate): No impact on 2ublic access below high tide
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 X
Discussion (if appropriate):
Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the
Peconic Estuary and Town waters. See LWRP Section III-Policies; Pages 57 through 62 for
evaluation criteria.
Yes No ❑ Not Applicable X
Discussion (if appropriate):
Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III-
Policies; Pages 62 through 65 for evaluation criteria.
Yes ❑ No ❑ Not Applicable X
Discussion (if appropriate):
Policy 13. Promote appropriate use and development of energy and mineral resources. See
LWRP Section III-Policies; Pages 65 through 68 for evaluation criteria.
Yes ❑ No ❑ Not Applicable X
Discussion (if appropriate):
*copy of Town form created on 2/11/06
Town of Southold LWRP
Consistency Assessment Form mr
4
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Appeals on Park Avenue, Mattituck -�OV ® 5 2025
Zoning Board 0,
Application#4524, 11/ 13/ 1997—(123-8-18)two dwellings on one parcel deemed
nonconforming. The owner had to replace the existing foundation for one of the dwellings
because it was failing. Additional renovations and alterations to the main house were done
which did not require a variance.
Application#5231, 1/23/2003-(123-8-22.2) demolish and reconstruct a two story dwelling
on a 14,443 SF parcel(before buildable area code was adopted)front yard and side yards
setbacks granted.
Application#5403, 1/10/2000 ((123-8-28.5) replace pile foundation on existing dwelling
and raise for FEMA compliance. Replace deck in kind and in place to new height.
Application#7589, 2/ 17/2022(123-8-7) Property contains two dwellings, Demolish and
reconstruct single family dwelling with nonconforming setbacks
Application#7829, 10/ 19/2023 (123-8-27) Preexisting nonconforming use (seasonal
dwelling)with"as built"deck and stoop granted setback variances
Zoning Board 01 APP@5l-§
APPEALS BOARD MEMBERS F0
" Southold Town Hall
Gerard P. Goehringer,Chairman 53095 Main Road
P.O. Box 1179
James Dinizio,Jr. Southold,New York 11971
" Fax(516)765-1823
Lydia A.Tortora �< Telephone(516)765-1809
BOARD OF APPEALS ��
TOWN OF SOUTHOLD
NOV
FINDINGS, DELIBERATIONS AND DETERNHNATION" '",�_'
REGULAR MEETING OF NOVEMBER 13, 1997 svi l
Appl. No. 4524 - DR. AND MRS. PATRICK COLAGIURI
PARCEL 1000-123-8-18
STREET & LOCALITY: 2950 Park Avenue, Mattituck, NY
DATE OF PUBLIC HEARING: November 13, 1997
FINDINGS OF FACT
RELIEF REQUESTED:
The applicant has applied for a variance based upon the
August 11, 1997 Notice of Disapproval issued by the building
inspector for permission to rebuild cellar, including garage
below house, in the footprint which presently exists and is confirmed
by a recent survey dated January 3, 1997.
ACTION OF THE BUILDING INSPECTOR: By Notice of Disapproval
dated August 11, 1997, the Building Inspector disapproved
applicant's building permit application dated July 3, 1997,
to "rebuild cellar including garage below house" on the following
grounds:
". . .Under Article XXIV, Section 100-243A, a nonconforming
building with a nonconforming use shall not be enlarged,
reconstructed or structurally altered unless the use of the
building is changed to a conforming use. . . ."
ZONING NONCONFORMITIES and PROPERTY FACTS:
The subject premises is a substandard lot containing 33,713.6 square
feet and lot width of 114.65 feet.
In researching town records, a Certificate of Preexisting Use
(Pre-C.O. ) was not found for the two nonconforming single-family
dwelling structures. The subject dwelling (building closest to Park
Avenue) has nonconforming setbacks. The nonconforming use of
this property relates to the use of the property as two dwellings on
a single-parcel (Article III, Section 100-31A) rather than only one
dwelling per lot. The nonconforming building relates to existing
nonconforming setbacks as a substandard lot of 33,713.61 square feet
and lot width of 114.65 feet.
9c
• J ,-\
l
Page 2 - November 13, 1997
Appl. #4524 - 1000-123-8-18 (Colagluri) <,
Southold Town Board of Appeals
NOV 0 5 2025 � \
Zoning CDard o-:
Upon information received from the Town Assessor's Office, the
property was assessed in 1959 for two existing dwellings:
single-family main dwelling and accessory single-family seasonal
dwelling. Applicant has submitted information to also confirm this
information (see hearing transcript and affidavit signed by Patricia
K. Colagiuri November 12, 1997). A recent survey dated January 3,
1997 shows the property is presently improved with the following
buildings: (1) the subject single-family dwelling in a 1-1/2 story
wood frame structure located closest to Park Avenue/Bungalow Lane
(private road), (2) a two-story single-family frame house situate
70.8 feet from mean high water mark along Great Peconic Bay, and
(3) an accessory frame garage building between the two dwellings
and 8.3 feet from the easterly property line.
ADDITIONAL INFORMATION:
In this variance project, the specific area of new construction
confirmed by applicant's architect is shown on the plan prepared by
Architect Diane Herold dated January 1997 for:
a) replacement of existing wood cellar access with steel Bilco
door and access steps.
b) existing 3414" by 3614" concrete block foundation and
concrete slab to be removed and a new poured concrete foundation
and concrete slab 3414" by 36'4" to be installed. Existing plumbing
and electrical reconnections will be as necessary per codes.
Applicants, by their agent, confirm the footprint of the
foundation will not be expanded from its present size, shape or
location. The new foundation construction is necessary due to a
collapsing concrete foundation in need of repair. The building is
not being altered or modified to change its size or shape, and this
project is not for any type of expansion or extension.
STANDARDS OF LAW: It is hereby determined by this Board that
the area variance standards of New York Town Law shall apply
rather than 'use variance' standards because the relief is necessary
and is related to the use of the remainder of the building and may
not be judged independently as the lowest floor level as foundation
construction. Therefore, the Board finds and determines as follows:
(1) The grant of the area variance will not produce an undesirable
change in character of neighborhood or a detriment to nearby
properties because this seasonal dwelling/house has been in existance
for more than 40 years in its present location; and this
nonconforming premises lies on a dead-end private road.
(2) The benefit sought by the applicant cannot be achieved by some
method, feasible for applicant to pursue, other than an area variance
because this cement block foundation is in a severely deteriorating
condition which renders the seasonal dwelling as not being habitable
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Page 3 - November 13, 1997
Appl. #4524 - 1000-123-8-18 (Colagiuri)
Southold Town Board of Appeals
NOV 0 5 2025
(not able to comply with the State Building Construction V Code
regulations for human occupancy).
(3) The requested area variance is substantial, however, this
applicant is requesting an in-place and in-kind replacement of
existing foundation.
(4) The proposed variance will not have an adverse effect or impact
on the physical or environmental conditions in the neighborhood or
district because dwelling (seasonal) has existed before zoning in its
present location within the community which consists of a partially
unimproved road, has become accustomed to nonconforming
setbacks. Premises is located approximately 12 lots landward of
entrance (opening which leads to Peconic Bay), of Deep Hole Creek
and premises makes up part of the pennisula of Marratooka Point.
(5) The situation has not been self-created because the applicant
has shown that the foundation is collapsing and in need of repair.
(6) This action is the minimum that the Board deems necessary and
adequate and at the same time preserves and protects the character
of the neighborhood, and the health, safety, welfare of the
community.
RESOLUTION/ACTION: On motion by Chairman Goehringer,
seconded by Member Tortora, it was
RESOLVED, to GRANT the relief as applied and subject to the
CONDITION that there be no expansion outside of the footprint
shown on the January 3, 1997 survey.
VOTE OF THE BOARD: MEMBERS GOERINGER, DINIZIO and
TORTORA. This resolution was pted
GERARD P. GOEHR NG R AIRMAN
Resolution Adopted 11/13/,
Actions.all/123-8-18 RECEIVED AND FILED BY
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APPAALS BOARDMEMBERS
Southold Town Hall"
Lydia A Tortora, Chairwoman 53095 Main Road
Gerard P.Goehrin8r
�i P.O. Box 1179
George Horning Southold,New York 11971-0959
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ZBA Fax(631)765-9064
Ruth D.Oliva �
Vincent Orlando 1phonp(631) 765-1809
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BOARD OF APPEALS NOV 05 2025
TOWN OF SOUTHOLD
FINDINGS, DELIBERATIONS AND DETERMINAT40M i oa,d o °�
MEETING OF JANUARY 23, 2003
Appl. No. 5231 - Nancy R. Ross and Others.
Properly Location: 3350 (Town House#115) Park Avenue, Mattituck; Parcel 123-8-22.2
SE RA DETRRMI TON: 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 an adverse effect on the environment if the
project is implemented as planned.
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PROPERTY FACTS/DESCRI TION: The applicants' 14,443 sq. ft. parcel is located on a
traveled dirt right-of-way on the north side of the property, used by the applicant and
others. The property is also shown on the Map of Marratooka Point along a paper road,
named Bungalow Road. The lot is shown on the survey dated December 3, 1985, updated
September 3, 2002, prepared by John T. Metzger,,L.S. with an existing one-story frame
dwelling with attached garage, and the lot borders Deep Hole Creek (a/k/a Gardiners
Creek).
BASIS OF APPLICATION: Building Department's September 19, 2002 Notice of
Disapproval, citing Code Section 100-244B, for applicant's request to demolish an existing
dwelling and construct a new dwelling on this 14,443 sq. ft. lot, with setbacks at less than
35 feet from the right-of-way front line, less than 35 feet from the rear lot line, and with a
single side yard at less than 10 feet.
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on January 16,
2003, which time written and oral evidence were presented. Based upon all testimony,
documentation, personal inspection of the property, and other evidence, the Zoning Board
finds the following facts to be true and relevant:
AREA VARIANCE RELIEF REQUESTED: Applicant wishes to construct a new dwelling of
approx. 44.9' x 34.7', for a total square footage of 2240. The setbacks are proposed at 24
feet from the right-of-way at the front yard area, 19 feet from the rear line, and 5 ft. setback
on a single side yard.
REASONS FOR BOARD ACTION: On the basis of testimony presented, materials
submitted and personal inspections, the Board makes•the following findings:
1. Grant of alternative relief will not produce an undesirable change in the character
Page 2=January 23�20 3 :,A
Appl. No. 5231 - Ross and others
123-8-22.2 at Mattituck
NOV 0 5 2025
Zoning Pjoauw
of the neighborhood or a detriment to nearby properties. The proposed overall new
construction of a two-story house is not uncommon in the neighborhood. The Board has
considered all relevant details on the site plan submitted January 15, 2003 and survey
dated September 3, 2002. The following setbacks have been agreed to: 1) The deck on
the southeast side.shall be no closer then 7 feet 6 inches from the property line; 2) The
south side of the house shall be no closer that 19 feet from the property line adjacent to the
Pollock family; 3) The north side of the house shall be no closer.than 24 feet to the
"traveled dirt road, or right of way.
2. The benefit sought by the applicant cannot be achieved by some method, feasible for
applicant to pursue, other than area variances. Due to the closeness of the sensitive
beach area, wetland vegetation and limited size of the lot, this is not an unreasonable
location for a new dwelling after removal of the existing dwelling.
3. The requested area variances are substantial. The front yard is an 11-foot reduction of
the code required 35 feet, the rear yard is a 16-foot reduction in the code required 35 feet
and the side yard is a 2 feet 6 inches reduction in the code required 10 feet minimum.
4.' The difficulty was self-created when -the property was purchased with the existing
nonconforming front and side yard setbacks as well as awareness of the existing structural
conditions of the house.
5. There is no evidence that the grant of the variances will have an adverse effect or
impact on the physical or environmental conditions in the neighborhood or district. The
application has obtained a permit from the Town Trustees for wetland and related
environmental considerations. Similar two-story dwellings are established in the area
without information to show an environmental or physical affect in the community or
district.
RESOLUTION/ACTION: On motion by Member Orlando, seconded by' Member
Goehringer, it was
RESOLVED, to 1) DENY-the initial request for a variance authorizing a 5 ft. side
yard, and ALTERNATIVELY to GRANT a variance authorizing construction of the
dwelling and attached deck with a minimum side yard setback of 7'6" at its closest
point, as agreed with applicant at the public hearing, and to (2) GRANT a 24 ft.
front setback and 19 ft. rear setback variances as shown on the September 3, 2002
survey prepared by John T. Metzger and site plan prepared by Diane Herold,
revised December 15, 2002
This action does not authorize or condone any current or future use, setback or other
Page —January 23,20Ua
Appl. No. 5231 -Ross and others
123-8-22.2 at Mattituck
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.
Vote of the Board: Ayes: Members Tortora (Chairwoman), Goehringer, Oliva, and Orlando.
(Member Horning of Fishers Island was absent.) This Resolution was duly adopted (4-0).
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APPEALS BOARD MEMBERS
a Southold Town Hall
Gerard P. Qoehringer• - 53095 Main Road
Lydia A.Tortora -, r P.O. Box 1179
George Horning ?k N g ��thold,New York 11971-0959
Ruth D. Oliva , Chairwoman ° ZBA Fax(631)765-9f1�"a4
Vincent Orlando Zoning Board Of - t hone(631)765-1809
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BOARD OF APPEALS RECEIVED
TOWN OF SOUTHOLD
FINDINGS, DELIBERATIONS AND DETERMINATION NOV 5 2003
MEETING OF OCTOBER 23, 2003 "
Appl. No. 5403 -J. Parker Wickham iuthold en?c r'R
Property Location: 710 Park Avenue Ext., Mattituck; CTM#123-8-28.5
SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under
consideration in this application and determines that this review falls under the Type II
category of the State's List of Actions, without an adverse effect on the environment if
the project is implemented as planned.
PROPERTY FACTS/DESCRIPTION: The applicant's 29,000+- sq. ft. parcel is shown as
Lot"G" on the Map surveyed for J. Parker Wickham dated May 21, 1976, amended May
23, 1990. A traveled right-of-way extends off the easterly end of Bungalow Lane,
extending up to the last house in this development of "Lupton Point." The applicant's
property borders Deep Hole Creek (a/k/a Gardiners Creek) on the north side and
borders Peconic Bay on the south side. The property is bordered on both the west and
east side by private lands developed with a private cottage on each.
BASIS OF.APPLICATION: Building Department's May 30, 2003 Notice of Disapproval,
citing Section 100-242A, ref. Section 100-244B, in its denial of a building permit'to
construct alterations to existing dwelling within 40 feet from the front property line.
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on October 23,
2003, at which time written and oral evidence were presented. Based upon all
testimony, documentation, personal inspection of the property, and other evidence, the
Zoning Board finds the following facts to be true and relevant:
AREA VARIANCE RELIEF REQUESTED: Applicant wishes to construct a new pile
foundation with a setback of 11+-from the traveled road (front setback line) at its closest
point, and alterations to the existing dwelling, as shown on the site plan prepared by
Diane Herold, R.A. with a ZBA date-stamp of July 2, 2003.
REASONS FOR BOARD ACTION: On the basis of testimony presented, materials
submitted and personal inspections, the Board makes the following findings:
1. Grant of the relief requested will not produce an undesirable change in the character
of the neighborhood or a detriment to nearby properties. The applicant has proposed to
temporarily relocate the small single-family bungalow on this waterfront parcel in
Mattituck. This on-site relocation will allow the applicant to construct new foundation
. 1 �
Page 2—October 23,2003
Appl. No.5403—J. Parker Wickham
CTM 128-8-28.5 at Mattituck
frn
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NOV ® 5 2025
pilings to replace the original, deteriorated pilings. The bungalow will be placed back on
the new supports, with no change to the existing building footprint, except that the
overall height will be increased 1-3 feet, to meet the FEMA requirements of a structure
located within a designated flood plain.
2. The benefit sought by the applicant cannot be achieved by some other method,
feasible for the applicant to pursue, other than an area variance, because this building
has an existing front yard setback of 11+-feet.
3. The requested variance is not substantial. The building footprint and lot coverage of
less than 20% will not change.
4. The proposed variance will not have an adverse effect or impact on the physical or
environmental conditions in the neighborhood, or district because the applicant will
construct new pilings for this building following the guidelines described in the Flood
Elevation Management Act, the NYSDEC Permit with conditions issued for this project,
and the Southold Town Trustees Resolution dated 2/26/03.
5. The difficulty for the applicant is not self-created because the nonconforming front
yard setback is existing.
6. The relief granted is the minimum determined necessary for this applicant to enjoy
the benefit of a new piling foundation, while at the same time protecting and preserving
the character of the neighborhood, as well as the health, safety, and welfare of the
surrounding 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
Goehringer, seconded by Member Horning, and duly carried, to
GRANT the variance as applied for, as shown on the site plan prepared by Diane
Herold, R.A. with a ZBA date-stamp of July 2, 2003 and construction plans dated May
15, 2003, SUBJECT TO THE FOLLOWING CONDITIONS:
1. All new pilings will be within the original building footprint.
2. There will be no expansion of this structure beyond the existing dimensions.
This action does not authorize or condone any current or future use, setback or other
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Owner: HSA Holdings LLC File M 7589
Address.: 2000 Park Ave
w NOV 0 5 2025
Code: 17NP '
w ow iag Board of 'Appeals
Agent Info
Rob Herrmann/En-Consultants
1319 North Sea Rd
Southampton , NY 11968
Phone:
Fax: 631-283-6136
Email: rerrmann@enconsultants.com
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BOARD MEMBERS Southold Town Hall
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Leslie Kanes Weisman,Chairperson �� + 53095 Main Road• P.O.Box 1179
Q W Southold,NY 11971-0959
Patricia Acampora 1�„ Office cation:
Eric Dantes ,�, �., , ;, '' z� Town Annex/Frst Floor,
Robert Lehnert,Jr. . , 54375 Main Road(at Youngs Avenue)
Nicholas Planamento C KV 0 5 2025 Southold,NY 11971
http://sautholdtownny:g ,� � {T
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD F EB 2 2 2022
Tel.(631)765-1809•Fax(631)765-9064
Southold Town Clerk
FINDINGS,DELIBERATIONS AND DETERMINATION
MEETING OF.FEBRUARY 17, 2022
ZBA FILE: #7589
NAME-OF APPLICANT; HSA Holdings, LLC
PROPERTY LOCATION: "-2000 Park Avenue, (Adj. to.Great Peconic.Bay) Mattituck,NY
SCTM: 1000-123-8-7
d the property
in S is DETERMINATION:
a t d deter nes that th The e Board of Ap as under eeview falls under the TYpeals h ' Pp II t O the State'consideration.
Acfions,pp � ... Lis . ..
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' without further steps under SEQRA.
F .LK CMIY ADMINISTRATIVE CODE: This application was referred'as required under the.
Su6blk County,Administrative Code°Sections A 1 -14,to" 3, and the:Suffolk Qunty Department of
Planning issued its reply dated October 4,2021 stating that this application is considered a matter for local .
deterinigOot as there appears to be per significant county-wide or inter-community impact.
This application, was re
L f f theOTowti of S pp erred for review under chapter 68, Watorfront
Consis y Southold Town Code and tla�e Local Waterfrotit,6yitali atio n Program
(LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated January 25, 2022.
Based upon the information provided on the LWRP Consistency Ass6ssment Form submitted to this
department; as well as the tecords available, it'is f000 rtmended that the proposed action is CONSISTENT
with LVVRP policy'stand rds-and therefore is CONSISTENT,with the LWRP.
OPERTY" FAC' S',I ESC +ON; The-'subject, conforming,: 42,60337 square feet, .98 acre,
waterfront parcel located is the R40 Zoning District measures 66.2 ;feet along Park Avenue, then. runs
so nth. 77.72 feet along.a'�resident(a11y developed.lot to the east,then runs W64.66.52 feet along th6'mgan
higlrW' ptef ark at a wood bullhead along Gr at Pecconic l ay and continues,south west 24 feet,along the
same bulkhead and returns north 621.53 feet along a residentially developed lotto the west back to Park
.Avenue: The lot is developed with'tvwo,single-family residences:one to.the north at Park Avenue and one
to the south,overlooking the Peco is Bays, Tlie,house closest to Park Avenue is�a one-and-one-half story
firame dwelling with, two covered stoops, an accessory garage, paver patio, slate-,walkway and, a shared
asphalt driveway which runs from Park Avenue, past one residence and south, to the second residence.
Subject of this application, the residential structure to the south, close to Creat,Peconic Bay, a two-story
frame dwelling with attached garage,a covered stoop, a slate stoop, brick patio and brick walkway and
concrete walks.. Allowing access to the waterfront is a wood landing,wood steps crossing over a retaining
Page 2,February 17,2022
#7589,HSA Holdings,LLC G
SCTM No. 1000-123-8-7
r d
wall spanning the width of the lot to an on-grade wood deck and sand `terrace'..,immediately in front of the
wood bulkhead. Wood steps allow access to the beach below the bulkhead. To`'wood groins are also
illustrated running perpendicular to the lot line into.the water. Chain-link fencing runs the length of the
western lot line, all as shown on the survey by Kenneth M. Woychuck, Licensed Land Surveyor and dated
February 25,2021.
BASIS OF APPLICATION: Request for Variances from Article IV, Section 280-18; and the Building
Inspector's August 24, 2021 Notice-of Disapproval based on an application for a permit to demolish and
reconstruct a single family dwelling; at 1) located less than the code required minimum side yard setback
of 15 feet;2) located less than the code required minimum combined side yard setback of 35 feet; located
at: 2000 Park Avenue, (Adj. to Great Peconic Bay)Mattituck,NY. SCTM No. 1000-123-8-7.
RELIEF REQUESTED: The applicant requests variances to demolish.and remove(the residential structure
to the south of the subject parcel)an existing two-story, 1,444 square feet single-family dwelling and brick
patio with an existing, non-conforming single side yard setback of 7.4 feet and an existing combined side
yard setback.of 36.2 feet and to construct a new (relocated north of existing structure) two story, 2,578
square feet single-family dwelling and attached garage, with 178 square feet of covered front,porch and
520 square feet of-covered rear(waterside)porch with a proposed single side yard setback-of-12 feet where
the Code requires a minimum setback of 15 feet and a,dombined side yard setback of 27 fit where the
Code requires-a minimum of 35 Feet. Additionally, the applicant proposes the removal of the existing
the�to of the bank g g" g �
a 10 feet 'Wide, non-turf bud a raew I�"A sanitary system,.install
d retain n wall and wooden .
sanitary system and will install s stern:an esta is
e , , fer along: p
bulkhead). Not subject to-this' variance request,.the applicant also prppgses,the nstruction.ofa waterslde
-pool(located behind the,proposed residence comp
in.a- liant rear yard location)measuring 15 feet b! 7 feet,
'a 1,3 10 square feet grade-level masonry patio and 4 feet high pooHencing, all shown on sito�plan (Sheet
AO.10)prepared by Jeffrey M. Sarids,,.Afchitect dated July 19,2021.
DITIONAL.INFORMATION: The-applicant provided preliminary elevations labeled A200 and A210
and a site,plan,prepared by Jeffrey.Sands,Architect, and dated July 19,2021.
The applicant submit
ted tted a LETTER OF NO JURISDICTION—TIDAL WETLANDS ACT from the New
York State Department of Environmental Conservation, dated September 1, 202-1. An Innovative
Advanced Septic Systems is proposed to be installed on the premises.
The subject parcel is covered by the following Certificate of Occupancy:
Z-14451 dated May 30, 1986 covering addition to an accessory building
Z-19350 dated September 12, 1990 covering 2,one family dwellings with accessory
garage
The applicant provided amples of prior relief granted for the immediate area including ZBA files:, 6248,
602 , and 7143. The applicant also indicated that the proposed relief will be in keeping with houses
located at 2152,2200,2934,and 3340 Park Avenue-,Mattituck,NY; all immediate,bayfront,neighbors.
An immediate neighbor to the east and their attorney spoke against the proposed pool location.(not subject
of this application)but did not voice an objection to the variance relief requested. No other member of the
public spoke in favor of or against this application.
Page 3,February 17,2022
#7589, HSA Holdings,LLC
SCTM No. 1000-123-8-7
FINDINGS OF FACT/REASONS FOR BOARD ACTION.',J; u o" ".
The Zoning Board of Appeals held a public hearing on this application on February 3,2022 at which time
written and oral evidence were presented. Based upon all testimony, documentation, personal inspection
of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following
facts to be true and relevant and makes the following findings:
1. Town Law 267-bQ(b)f I . Grant of the variances will not produce an undesirable change in the
character of the neighborhood or a detriment to nearby properties. Between the easterly end of Park Avenue
to the east and Camp Mineola Road to the west, the surrounding developed bayfront shoreline is
characterized by deep lots with side lot line lengths of 500 feet or more between the roadway and Great
Peconic Bay, including the applicant's, which is 577 to 621 feet deep. Although the majority of these
properties have lot widths of more than 100 feet, many have much narrower lot widths, similar to that of
the applicant. Currently,the existing structure is located 7.4 feet from the western lot line. As part of the
site's redevelopment, the applicant proposes to make the new construction more conforming to the Code
and seeks to establish a single side yard of 12 feet,along with a combined side yard of 27 feet. Due to the
substantial distance of the subject and neighboring dwellings-from Park Avenue,any potential visual impact
associated with a reduced side and/or combined side yard setback will not be observable from the properties
located on the opposite side of the road or to pedestrian and vehicular traffic.
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.applicant is seeking to replace a
narrow, less than 20 feet wide, outdated, aging dwelling; constructed prior to zoning, with a new, larger;
modernized, energy efficient dwelling: While the proposed dwelling will decrease the degree of non-
conformity of the existing minimum side yard setback and will'still be narrower,than many of the dwellings
located on other neighboring lots, the 72 feet width of the property makes full,compliance with the code
difficult.
3. Town Law 267-b b 3 . The variances.granted herein are mathematically substantial,representing
20% relief from the code relative to the side yard setback.and 22.9% relief from the code relative to the
combined side yard setback.However,the applicant proposes to construct the proposed residence in a more
conforming manner than currently exists and has provided evidence of similar relief granted in the
immediate area for comparable bayfront residences with narrow,but deep,lot size.
4. Town:[ova 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 Lakw 267-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 2li b7-b. Grant of the requested relief is the minimum action necessary and adequate to enable
the applicant to enjoy the benefit of the demolition and removal of the existing residential structure,located
on the south of the subject parcel,with a non-conforming single side yard setback of 7.4 feet and an existing
combined side yard setback of 36.2 feet and to construct a new (relocated north of proposed demolished
structure), two-story, single-family dwelling and attached garage, with 178 square feet of covered front
Page 4, February 17,2022
#7589,HSA Holdings, LLC `''�- �" 1
SUM No. 1000-123-8-7
NOV G, 5 2025
porch and 520 square feet of covered rear(waterside)porch with a single side yar:d�setbacki of-12 feef where"
the Code requires a minimum setback of 15 feet and a combined side yard setback of 27 feet where the
Code requires a minimum of 35 feet,while preserving and protecting the character of the neighborhood and
the health,safety and welfare of the community.
PwESCLUTIQN 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
Weisman(Chairperson),and duly carried,to
GRANT the variances as applied for, and shown on the Site Plan (Sheet A010) and Architectural Plans
(Preliminary Elevations Sheets A200 and A210),prepared by Jeffrey Sands,Architect,dated July 19,2021.
SUBJECT TO TITS FOLLOWING CONDITIONS:
1. Subject to Town of Southold Trustees approval.
2. The second residence on the subject property(located„closest to the road)is not to be altered in
anyway relative to this approval.
3. The applicant shall install an Innovative Advanced(IIA) Sanitary System approved by the
Suffolk County Department of Health.
This approval shall not be deemed effective,until-the required conditions have been met.At the
discretion of the Board-of Appealsfailure to comply with the above conditions may,render
this decision null and void
That the above conditions be written into the Building Inspector's Certificate of Occupancy, when
issued
The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration'
that does not increase the degree of nonconformity.
Any deviation from the survey, site plan and/or architectural drawings-cited in this decision will result in
delays and/or a possible denial by the Building Department of a building permit, and may require a new
application and public hearing before the Zoning Board of Appeals.
Any deviation from the variance(s)granted herein as shown on the architectural drawings, site plan and/or
survey cited above, such as alterations, extensions, or demolitions, are not authorized under this
application when involving nonconformities under the zoning code. This`action does not authorize-or
condone any current or future use, setback or other feature of the subject property that may violate the
Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action.
In the event that this is an approval subject to conditions, the approval shal hot be deemed effective until
such time that the foregoing conditions are met;'and failure to comply therewith will render this approval
null and void.
Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted
by the Board of Appeals shall become null and void where a Certificate of Occupancy has
not been procured, and/or a subdivision map has not been filed with the Suffolk County
Clerk,within three (3)years from the date such variance was granted. The Board of
Appeals may, upon written request prior to the date of expiration, grant an extension not
Page 5,February 17,2022
#7589,HSA Holdings,LLC NOV 0 5 2025
SCTM No. 1000-123-8-7
Zo':.g I-;Cai CI Ol
to exceed three(3) consecutive one(1)year terms. IT IS THE PROPERTY OWNER'S
RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE CODE REQUIRED TIME
FRAME DESCRIBED HEREIN. Failure to comply in a-timely manner may result in the
denial by the Building Department of a Certificate of Occupancy, nullify the approved
variance relief, and require a new variance application with public hearing before the
Board of Appeals
Vote of the Board: Ayes: Members Weisman(Chairperson)Dantes, Acampora, and
Planamento. This Resolution was duly adopted(4-0). (Member Lehnert absent)
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Approved for filed r0!
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NOTE: LOCATIONS OF EXISTING SANITARY AND SANITARY PLAN DERIVED FROM SURVEY BY cs
WELLS PER WOYCHUK SURVEY. PERMIT KENNETH M.WOYCHUK LAND SURVEYING PLLC,PO
? BOX 153,AOUEBOGUE,NY 2/25/2021 5 rs
PROPERTY AND NEIGHBORS WERE INITIALLY DESIGNED BY ED ARMUS ENGINEERING r
DEVELOPED IN THE 1950'S o m
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EXISTING LOT COVERAGE DATA PROPOSED LOT COVERAGE DATA () ��, Fi•••r.VIEIRIICr!BYA'
2 STY.DWELLING W/COVERED STOOP 1444 SF. EXISTING SECONDARY DWEWNG TO REMAIN.865 S.F. RAINFALL VOLUME a SL) SEE DECISION EP
1 1/2 STY.DWELLING W/COVERED PORCHES:913 SF. EXISTING DETACHED GARAGE To
REMAIN:40B S.F.
DETA04ED GARAGE:40B S F. (2/(12/1')] 4BSB SF=BIO CF '(E(} jj SITLAN
PROPOSED DWELLING WITH GARAGE 2578 S.F. LEACHING RING VOLUME
�..7� FOR B'DIA O.D. I'DEPTH
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Arasa4At@! TOTAL:2]65S,F.or 6.SR PROPOSED REAR COVERED PORCH 520 S.F. PI•7.3]"2•1/4• I'=92.24 CF
PROPOSED SWIMMING POOL 555 S,F. REQUIRED DEPTH OF B'DIA-.RINGS C:3
B 10 CF/4224 CF/FT= 19.2 Ff ? rV R; T IE-•1M"1
M'+ TOTAL SI50 SF.or 12R -
DEPTH OF RINGS PROVIDED-6 FT
S.C.T.M.# DISTRICT: 1000 SECTION: 123 BLOCK: B LOT: 7 (z-B'Du..,r DEPTH Ea ) - L 10 O
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Owner: Giacone, Michael File #: 7829
Address: 270 Park Ave Ext C ��-)
OV 0 5 2025
Code: 18RL
Agent Info Zackery E. Nicholson, RA
1250 Evergreen Dr
Cutchogue, NY 11935
Phone: 631-513-6589
Fax:
Email: zenicholson.arch@gmail.com
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BOARD MEMBERS Southold Town Hall
Leslie Kanes Weisman, Chairperson 53095 Main Road •P.O.Box 1179 j
Patricia Acampora Southold,NY 11971-0959 I
Eric Dantes QfI"ce Upation.
Robert Lehnert, Jr. Town Annex/First Floor
54375 Main Road(at Youngs Avenue)
Nicholas Planamento
Southold,NY 11971
,per pm R�
http://southoldtownny.gov NOV Q 15 2025 RECEIVED
pp
ZONING BOARD OF APPEALS
i
TOWN OF SOUMOLD-'o- 'OU 2 3 2023
Tel. (631) 765-1809
Southold Town Clerk
FINDINGS,DELIBERATIONS AND DETERMINATION a
MEETING OF OCTOBER 19,2023
I
ZBA FILE No.: 7829
NAME OF APPLICANT: Michael & Nicholas Giacone
PROPERTY LOCATION: 270 Park Ave Extension,-Mattituck,NY SCTM No. 1000-123-8-27
0
SE RA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this
application and determines that this review falls under the Type II category of the State's List of Actions, without
further steps under SEQRA.
SUl1FOLl COUNT"' ADMINISTRATIVE CODE: This application was referred as required under the Suffolk
County Administrative Code Sections A 14-14 to 23,and the Suffolk County Department of Planning issued its reply
dated July 31,2023, stating that this application is considered a matter for local determination as there appears to be W
no significant county-wide or inter-community impact.
LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency
review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy
Standards.The LWRP Coordinator issued a recommendation dated September 19,2023.Based upon the information l
provided on the LWRP Consistency Assessment Form submitted to this department,as well as the records available,
it is recommended that the proposed action is INCONSISTENT with LWRP policy standards and therefore is
INCONSISTENT with the LWRP. The coordinator further states that "as built" structure is not consistent with
Policy 1 and that the structure is located in a high energy structural hazard zone(FEMA VE EL 7). Structure in these
zones should be minimized to prevent loss. Since the additions of the "as built" elevated front porch and rear deck 4
is only an increase of 157.6 sq.ft.,and the Southold Town Board of Trustees have issued a Wetland Permit for these
"as built" improvements, this Board finds the proposed Action CONSISTENT with LWRP
0
PROPERTYFA TSIDESCR.IPTI N.. The subject property is a 10,552 sq.ft. non-conforming parcel located in an
R-40 Zoning District. The property is split by a right of way that accesses the houses along Park Ave. Extension. i
The property has a creek frontage of 56.18 feet along,Deep Hole Creek before turning south for 173.57 feet to Great �
Peconic Bay, then has 67.07 feet of Peconic Bay frontage before returning back 197. 15' to Deep Hole Creek. The
property is improved with an existing one story seasonal residence with attached frame deck, all as shown on survey 1
prepared by John C. Ehlers, LS, dated August 6,2018.
BASIS OF APPLICATION: Request for-a Variance from Article XXIII, Section 280-123, and the Building
Inspector's May 3,2023 Notice of Disapproval based on an application for a permit to legalize"as built"front porch
and rear deck attached to an existing seasonal dwelling;at 1)a nonconforming building containing a nonconforming {
use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a
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Page 2, October 19,2023
#7829, Giacone
Aq
SCTM No. 1000-123-8-27 NOV 2�25 n°
conforming use; located at:270 Park Avenue Ext.,(Adj.to Deep Hole Creek)Mattituck,NY. SCTM No. 1000-123-
8-27.
f
RELIEF REOUESTED: The applicant requests a variance to legalize an as-built front porch and rear deck where C
non-conforming buildings containing non-conforming uses shall not be enlarged,reconstructed, structurally altered
or moved, unless such building is changed to a conforming use.
ADDITIONAL INFORMATION: The current owners testified that the existing cottage has existed since
approximately 1938. The house was currently renovated,and the rear deck was made slightly larger than the original.
Furthermore, the front porch was replaced with the addition of a code compliant deck and steps. Both additions
received a Southold Trustees"Certificate of Compliance"# 1999C dated January 18,2023.
FINDINGS OF FACT/REASONS FOR,BOARD ACTION:
The Zoning Board of Appeals held a public hearing on this application on October 6,2023 at which time written and
oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and
surrounding neighborhood,and other evidence, the Zoning Board finds the following facts to be true and relevant
and makes the following findings:
1. Town Law 267-b 3"b I . Grant of the variance will not produce an undesirable change in the character of the
neighborhood or a detriment to nearby properties. All of the properties along the right of way are seasonal dwellings r
that have existed for many years.' The additions in question are replacements in kind with slight additions to the
overall size. Thes re-built deck and front porch will not cause an undesirable change in the character of the
neighborhood since most of the homes on this street have the same or similar improvements.
2 'Town Law 267-b 3 b 2 . The benefit sought by the applicant cannot be achieved by some method, feasible I
for the applicant to pursue,other than an area variance. Since the as built structure are existing and non-conforming,
any nonconforming use that is enlarged would require variance relief.
3. Town.Law '267-b 3 b . The variances granted herein are s mathematically substantial, representing 100% w
relief from the code. However, the property was renovated to be more in compliance with FEMA regulations, and I
the degree of nonconformity in relation to the original structures is minor as they were re-built to be more in
compliance with both FEMA and NYS 'Building codes.
a
4. Town Law` 267-b 3 b 4 . No evidence has been submitted to suggest that a variance in this residential A
community will have an adverse impact on the physical or environmental conditions in the neighborhood. The I
applicant must comply with Chapter 236 of the Town's Storm Water Management Code and the conditions of this
board. l
. T'gwwn L&ww 267-b 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 honing Code in effect prior to or at the time of purchase.
6. Town Law &267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the
applicant to enjoy the benefit of a re-built front porch and rear deck while preserving and protecting the character of
the neighborhood and the health, safety and welfare of community,
d
1
„ey
Page 3 October 19,2023
#7829,Giacone
SCTMNo. 1000-123-8-27 NON 0 5 20,25
RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New
"'fork Town Law 267-B,motion was offered by Member Lehnert,seconded by Member Acarnpora„and duly carried,
to
GRANT the variance as applied for, and shown on the Site Plan and Architectural Plans drawn by Zackery E.
Nicholson, Architect, last revised March 20,2023.
SUBJECT TO THE FO1LL_OW1NG CONBI(TIONS: Po
I. The applicant must apply to the Building..Department for a building permit for the"as built” improvement(s)
within 90 days of the date of this decision and submit same to the Office of the Zoning Board of Appeals or
submit a written request for an extension to the Board of Appeals setting forth the reason(s)why the applicant
was unable to obtain a building permit in the time allotted.
2. The applicant must obtain a Certificate of Occupancy from the Building Department for the "as built"
improvement(s) and submit same to the Office of the Zoning Board of Appeals within 12 months of this
decision or submit a written request for an extension to the Board of Appeals setting forth the reason(s)why �
the applicant was unable to obtain a Certificate of occupancy in the time allotted.
3. The rear deck and front porch shall remain"open to above"and shall not be converted to habitable space.
This approval shall not be deemed effective until the required conditions have been met.At the discretion of k
the Board of Appeals,failure to comply with the above conditions may render this decision null and
void
That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued
The Board reserves the right to substitute a similar design that is de minim in nature for an alteration that does
not increase the degree of nonconformity.
q
IMPORTANT LIMITS ON THE APPROVAL, S GRANTED HE IN u
Please Read Carefully
Any deviation from the survey, site plan and/or architectural drawings cited in this decision, or work exceeding
the scope of the relief granted herein, will result in delays and/or a possible denial by the Building Ilepartment of
a building permit andlor the issuance of a Stop Work Order,and may require a new application and public hearing �
before the Zoning Board of Appeals.
Any deviation from the variance(s)granted herein as shown on the architectural drawings,siteplan and/or survey
cited above,such as alterations, extensions, demolitions, or demolitions exceeding the scope of the relief granted
herein, are not authorized under this application when involving nonconformities under the zoning code. This
action does not authorize or condone any current or future use, setback or other feature of the subject property
that may violate the Zoning Code, other than such uses,setbacks and other features as are expressly addressed in
this action.
i
V
TIME LIMITS ON THIS APPROVAU Pursuant to Chapter 280-146(B) of the Code of the Town y
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 I
three (3) consecutive one (1) year terms. IT IS THE PROPERTY OMINER'S RESPONSIBILITY I
4
f
4 Page 4, October 19,2023
#7829,Giacone
SCTM No. 1000-123-8-27
ENSURE �C COMPLIANCE LIANCE WITH THE CODE RE In the D alb the Building ECEB
"T� E� � B
HEREIN. Failure to comply in a timely manner may result ' yDepartment
of a Certificate of Occupancy, nullify the approved variance relief, and require a new variance
application with public hearing before the Board of Appeals r
a
Vote of the Board: Ayes: Members Weisman (Chairperson), Acampora, Lehnert and Planamento. Member Dantes
(recused). This Resolution was duly adopted(4-0) a
9
eslie K es Weis an, Chairperson �0
i
Approved for filing /2023 '
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TOWN OF SOUTHOLD PROPERTY RECORD L
VI LLAGE DIST.1 SUB. LOT
OWNER STREET
FORMER OWNER f�' I
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SEAS—'- VL. -ARM COMM. CB. MISC. Mkt. Value
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LAND I WP TOTAL DATE REMARKS
AGE BUILDING CONDITION
NEW NORMAL BELOW ABOVE
FARM Ac re Value Per Value
Acre
-444-7
Tillable 2
Tillable 3
Woodland
Swampland FRONTAGE ON WATER
Brushland FRONTAGE ON ROAD
House Plot DEPTH
BULKHEAD
Total DOCK
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REMARKS
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Total #;
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