HomeMy WebLinkAbout52340-Z TOWN OF SOUTHOLD
BUILDING DEPARTMENT
- � 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#: 52340 Date: 10/10/2025
Permission is hereby granted to:
Kevin Cierach
1280 Jockey Creek Dr
Southold, NY 11971
To:
legalize "as built" accessory storage building as applied for per ZBA approval. Additional certification
may be required.
Premises Located at:
4500 Deep Hole Dr, Mattituck, NY 11952
SCTM# 115.-17-3
Pursuant to application dated 03/20/2024 and approved by the Building Inspector.
To expire on 10/10/2027.
Contractors:
Required Inspections:
Fees:
As Built Accessory Structure $794.00
CO Accessory $100.00
Total S894.00
�� Building Inspector
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TOWN OF SOUTHOLD—BUILDING DEPARTMENT
Town Hall Annex 54375 Main Road P. O. Box 1179 Southold,NY 11971-u Telephone (631) 765-1802 Fax(631) 765-95021ttt s:flww' . Latliol+dtowntro . ov
Date Received
APPLICATION FOR BUILDING PERMIT
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For Office Use Only
PERMIT NO. BuildingInspector:
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Date:March 5, 2024
Ki��era
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Name:Kevin C. _. _....�__ . ... ... .. ���.. .. SCTM.....�_m ... ....•.�.�. m.. �.... ...... .. .. .. a... ..., ...m. _,� ......
Project Address 4500 Deep Hole Drive Mal ltgp New York
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Phone#:631-377-9097 Email:
Mailing Address 1280 JOeke Qreek Drive Southoto.,NY 11971
Name:Beverly Cierach
Malting Address 280 hockeyreekrNve Sothol'+ NY 11971
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Name:Mark K. Schwartz,._Registered Architect...—....._ ........ . ....
Mailing Address P.O. Box 933, Qutchogqe NY 11935
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Name: /A
Mailing Address:
Phone#: Email:
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New Structure ❑Addition ❑Alteration ❑Repair ❑D� Estimated Cost of Pr❑ Project:
emolition 1
51 Other"as built'1 story accessory building $N/A
...m K
Will the lot be re-graded? ❑Yes iNo Will excess fill be removed from premises? ❑Yes WNo
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IN
Existing use of property: low income rental Intended use of property: storage
Zone or use district in which premises is situated: Are there any covenants and restrictions with respect to
R-40 this property? ❑Yes RNo IF YES, PROVIDE A COPY.
I
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Kevin Cierach by
Application Submitted By(print name): Beverly Cierach BAuthorized Agent ❑Owner
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Signature of Applicant Date March 5 2024
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STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK )
BEVERLY CIERACH being duly sworn, deposes and says that(sjtte-isthea}�pltea►�
(Name of individual signing contract)above named,
(S)he is the Agent
(Contractor,Agent,Corporate Officer,etc.)
of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this
application;that all statements contained in this application are true to the best off is/her knowledge and belief;and
that the work will be performed in the manner set forth in the application file therewith.
Sworn before me this
5th day of March 20 24
Notary Public
BARBARA DIACHUN
Notary Public, State of New York
PROPERTY OWNER AUTHORIZATION No 01 D14635190-Suffolk County
(Where the applicant is not the owner) Commission Expires Oct.31,20--26
I, KEVIN CIERACH residing at 4500 Deep Hole Drive, Mattituck,
New York do hereby authorize Beverly Cierach to apply on
my behalf to the Town of Southold Building Department for approval as described herein.
March 5, 2024
0 ner's Signal Date
Kevin Cierach
Print Owner's Name
2
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BOARD MEMBERS o S�� Southold Town Hall
Leslie Kanes Weisman,Chairperson 53095 Main Road•P.O.Box 1179
Patricia Acampora Southold,NY 11971-0959
Robert Lehnert,Jr. C _24a Office Location:
Nicholas Planamento ► Town Annex/First Floor
Margaret Steinbugler 54375 Main Road(at Youngs Avenue)
COU Southold,NY 11971
RM
h4://southoldtownny.gov •C E
IVED
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD MAY 2 1 203
Tel. (631)765-1809
Southold Town Clerk
FINDINGS,DELIBERATIONS AND DETERABNATION
MEETING OF MAY 15,2025
ZBA FILE: #8010
NAME OF APPLICANT: Kevin Cierach
PROPERTY LOCATION: 4500 Deep Hole Drive, Mattituck,NY SCTM: 1000-115-17-3
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 lI category of the State's List of Actions, without
further steps under SEQRA.
S ^OLK COUNTY ADMINISTRATIVE C 'DE: 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 March 6,2025 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 DET1 4 NA'13ON: 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 21, 2025. Based upon the information
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 No. 1 standards and therefore is
INCONSI5TENT with the L1k7RP,as follows:
The Structures are located within a 0,2%Annual Chance Flood Hazard area. The disadvantage of as-built
buildings is that they are not designed to he flood-tolerant,and future losses can occur.
With the conditions imposed in this-decision,relief if granted,will deem this action.as LWRP CONSISTENT,
PROPEITY FACTS,/DESCRIP'UQN:' The subject;rectangular-shaped,conforming,56,419 square feet, 1.295 acre
parcel located in the R40 Zoning District measures 410.00 feet along Deep Hole Drive,then runs east 132.26 feet
along a residentially developed parcel t6 t;le'rorth, then runs south 331.3 T feet and continues south an additional
78.80 feet along a 15 feet wide drainage c-)scment,part of the Harbor View at Mat'tituck subdivision filed with the
Office of-the Clerk of Suffolk Couniy and owned by lots 4 and 5, individually, and returns 142.09 feet west to the
roadway. The lot is developed with a two-story stucco house with cellar(built into thehillside)with attached wood
decking,, air„conditioning crampre sor, inasc uy brick walkways.. substantial.`blook' masonry retaining-walls, a
3elgium block curb drive-way-and a rdn at the roadway, a gravel driveway, a one-story stucco accessory,building
with attached wood steps and a small deck, and a one and half-story frame accessory garaged with wood steps and
entoy landing built into the'hillside- (both,accessory- structures the subject of this application), aiid; post and rail
Page 2,May 15,2025
#8010 Cierach
SCTM#1000-115-17-3
fencing,wire fencing,and chain link fencing along the site's perimeter,as shown on the survey prepared by Nathan
Taft Corwin,III,Licensed Land Surveyor,and last updated February 20,2025.
BASIS OF APPLICATION; Request for Variances from Article III, Section 280-15; Article IV, Section 20-18;
and the Building Inspector's,November 8,2024,AMENDED December 23, 2024,Notice of Disapproval based on
an application for a permit to legalize an"as built" single family dwelling, an"as built"accessory stucco building
for storage use, and an"as-built" accessory garage for storage use only, at; 1) dwelling located less than the code
required minimum rear yard setback of 50 feet; 2) accessory stucco building for storage use located less than the
code required minimum rear yard setback of 15 feet;3)the accessory garage for storage use,located in an area other
than the code required rear yard; located at 4500 Deep Hole Drive,Mattituck, SCTM No. 100.0-115-17-3.
RELIEF REQUESTED: The applicant requests three variances to recognize and legalize the following `as-built'
improvements:
1. A 35.2 feet rear yard setback for the existing single-family residence with attached rear deck,where the
Code requires a minimum rear yard setback of 50 feet.
2. A 3.1 feet rear yard setback for an existing accessory storage building, where the Code, requires a
-minimum rear yard setback of 15 feet. '
3. The placement of an existing accessory garage located in the side yard, where the Code requires the
placement of such structures in a compliant rear yard location.
e
ADDITIONAL INFORMATION: The applicant's agent provided the Board with an updated survey,,during the
public hearing,illustrating the use of the easement area(part of the Habor View at Mattituck subdivision)as a"field
and road runoff flow"receptacle,which there drains into a drainage ditch that is periodically cleaned leading to a dug
canal that feeds Deep Hole Creek.. This.survey matches the one provided in the application packet with the added
information relative to the use of the neighboring easement.
The applicant provided the following documentation:
1. Conditional Discharge, Index No. DCR 22050054 acknowledging the conviction of the applicant for
violations of the Town of Southold Town Code along with payment of a$1,000.00 fine,dated May 15,
2024.
2. Copy of a Bargain&Sale deed,between Frank R. Zaleski and Kevin Cierach,dated March 11, 1994.
3. Copy of sworn testimony, by Frank R. Zaleski, illustrating the ownership and history of the parcel
including its subdivision and a time-line of how the existing, `as-built' structures (subject of this
application)were relocated from various locations in Mattituck to this former agricultural property(the
residential subdivision which surrounds the parcel today did not exist at the time of the various structures
relocation).
4. A septic plan,designed by Maggie Frances Vavrica,Licensed Professional Engineer,dated May 3,2023
and stamped by Suffolk County Department of Health Services(approval box)May 17,2023 with a H.S.
Reference No.R10-97-0071.
5. A certification by the Suffolk County Water Authority that the site is serviced by public water, dated
March 10,2023.
6. Copy of an Order of Consent along with a receipt of payment of a$1,000.00 fine to the Newj York State
Department of Environmental Conservation,dated June 13,2008.
7. Copy of multiple Town of Southold COMPLAINTS dated March 28,2023.
8. Copy of Town of Southold Building Department applications for building permit,for:
a. An existing single-family residence with attached decking, including architectural plans and
elevations labeled A-1 through A-05 prepared by Mark Kevin Schwartz,Registered Architect,
and dated January 22,2024.
b. An existing accessory structure(stucco),including architectural plans and elevations labeled A-
1,prepared by Mark Kevin Schwartz,Registered Architect and dated January 22,2024. These
a
U
Page 3,May 15,2025
#8010 Cierach
SCTM# 1000-115-17-3
plans do NOT conform to the proposed use as an accessory storage shed, but rather illustrate a
non-permitted dwelling unit.
c. An existing accessory garage,including architectural plans and elevations labeled A-1 and A-2,
prepared by Mark Kevin Schwartz, Registered Architect and dated January 22, 2024. While
these plans partially conform to the use as an accessory garage, the proposed second-floor
storage space, accessed via an exterior access stair, does NOT conform and is presented as a
non-permitted dwelling unit.
9. The parcel is the beneficiary of prior Zoning Board of Appeals relief under file 93548, dated 1986
allowing the creation of the lot in its current configuration.
The applicant's agent testified that the buildings were all moved to the present site during the mid-20t'Century by a
former owner and that the current owner, without the benefit of a building permit or a Certificate of Occupancy,
knowingly altered the structures from storage buildings associated with an agricultural operation to various dwelling
units and rented them without the benefit of a Town Rental Permit. The applicant's agent further explained that the
applicant is in the process of cleaning up the site and uses and desires to legalize the conversion of the largest structure
to a residence with associated accessory structures: a garage and a storage shed,as part of a Town of Southold Justice
Court Judicial Order.
The site's topography shifts from the roadway,down towards a hollow,before rising in the east. The proposed"as
built"residence is sited to take advantage of the terrain with an entrance level accessed via the roadway and a walk-
out type basement with garages at the rear of the house. The accessory garage is also placed along the shift of the
terrain,allowing for garage access via the driveway running behind the house,along with the accessory shed placed
at the`flat'low point of the property,also behind the house. Today,the subject parcel is surrounded by and developed
with single-family residences and is no longer associated with a bona fide agricultural operation.
Testimony was offered by neighbors relative to the site's history and use. One neighbor(property owner to the east
with the drainage easement on his lot) spoke at length in opposition to the application citing the overall negative
condition of the property as a result of the non-compliant uses and storage and parking of various vehicles and
materials.
No other member of the public or an immediate neighbor spoke in favor of or in opposition to this application.
FINDINGS OF FACT/REASONS FOR BOARD ACTION:
The Zoning Board of Appeals held a public hearing on this application on May 1,2025 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 1 . Grant of the variances will not produce an undesirable change in the character of
the neighborhood or a detriment to nearby properties. The subject parcel, while once located on the-fringe of an
actively farmed area within the hamlet of Mattituck, is today surrounded by developments of single-family
residences. The`as built' structures predate the majority of homes in the immediate area. The legal conversion of a
relocated barn structure,with conforming front yard setback,into a single-family residence with a reduced rear yard
setback will not be discernible to those using the public roadway. The subject property is shielded from sight with a
mature row of evergreen plantings and the R-40 Zone allows for a single-family residence on the parcel.
Furthermore,as a result of the shift in terrain from the roadway down behind the house,built into the hillside,to the
drainage ditch located on an easement to the east(which is 15 feet wide),the actual rear yard setback is not perceived
to negatively impact the community. Accessory garages, while common to residences in the immediate
neighborhood,are typically located behind the residence,however,again as a result of the shift in terrain and limited
Page 4,May 15,2025
#8010 Cierach
SCTM# 1000-115-17-3
rear yard space,further compromised with a large accessory shed,the`as built' structure is located in the next logical
spot, the side yard. The subject parcel is over 400 feet long but only approximately 137 feet wide, on average,
limiting placement of the structure. The `as built' accessory shed, with a reduced rear yard.setback, will not be
discernible to members of the community and has been(along with the proposed accessory structures)in its present
spot since the 1950s.
2. Town Law§2§7-hMJWM.1 The benefit sought by the applicant cannot be achieved by some method, feasible
for the applicant to pursue,other than an area variance. As a result of the initial placement of the three structures in
the mid-20'h century,at a time prior to the adoption of the Zoning Code,and as a result of the addition of a deck on
the rear of the house (there is no access to the rear yard from the main residential floor as the house is built on a
hillside with basement and garage access below) any and all expansion of the structures will require some form of
relief.
3. Town Law,1626740)(b)(3). The variances granted herein are mathematically substantial, representing 29.6%
relief from the code relative to the reduced rear yard setback of the `as built' single family residence; 100%relief
from the code relative to the accessory garage located in a side yard; and 79.3%relief from the code relative to the
reduced rear yard setback of the accessory shed structure. However,the `as built' improvements(originally part of
an agricultural use)moved to the site prior to the adoption of the Zoning Code and previously used for various storage
purposes,when legally converted to a residence and accessory uses associated with a residence will be screened from
the roadway where the majority of passersby will have no awareness of the requested relief. While there is potential
impact on the residence immediately to the east of the subject parcel,as a benefit of a 15 feet wide easement on their
property,sufficient shielding of natural or planted vegetation should minimize the impact of the conversion of these
pre-existing,non-conforming structures to a single-family residence with accessory storage structures.
4.. Town Law 267-b 3 4 No evidence has been submitted to suggest that a variance in this residential
community will have an adverse impact on the physical or environmental conditions in the neighborhood. The
applicant must comply with Chapter 236 of the Town's Storm Water Management Code, install appropriate on-site
drainage(per the Town of Southold Engineer)and seek approval from the Town of Southold Board of Trustees.
5. T wwn Law 267 Q 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. Furthermore,
as stated by the applicant's agent,the applicant knowingly made alteration to these structures without the benefit of
a Town of Southold Building permit and knowingly converted them to multiple (illegal) dwelling units and
furthermore,knowingly without the benefit of a Town issued RENTAL PERMIT, individually rented them out for
their own personal gain,to the detriment of the community.
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 the conversion of an `as built' storage structure to a single-family residence with
attached rear deck with a reduced rear yard setback of 35.2 feet where the Code requires a minimum rear yard setback
of 50 feet;the legalization of the `as built' accessory garage with second floor storage space located in a side yard
where the Code requires such structures to be located in a rear yard;and the legalization of the `as built' accessory
structure with a 3.1 feet rear yard setback where the Code requires a minimum rear yard setback of 15 feet, while
preserving and protecting the character of the neighborhood and the health, safety and welfare of the community.
RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New
York Town Law 267-B, motion was offered by Member Planamento, seconded by Member Steinbugler, and duly
carried,to
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Page 5,May 15,2025
#8010 Cierach
SCTM# 1000-115-17-3
GRANT the variances as applied for,and shown on the survey prepared by Nathan Taft Corwin III,Licensed Land
Surveyor,and last revised February 20,2025 and the architectural plans and elevations for the residence.,labeled
A-1 through A-5,prepared by Mark Kevin Schwartz,Registered Architect, and dated January 22,2024.
SUBJECT TO THE FOLLOWING CONDITIONS:
1. Approval for the relief as granted by the Town of Southold Board of Trustees.
2. The septic system,servicing the residence,on the subject property,must be approved by the Suffolk County
Department of Health Services,as verified by the Town of Southold Building Department.
3. Dry wells are to be installed, to the satisfaction of the Town of Southold Engineer,for all structures on the
site to ensure that any/all storrnwater is contained on the subject property,without discharge into the adjacent
and neighboring`easement area'or the dug canal leading to Deep Hole Creek.
4. The applicant is to submit revised architectural plans.for both of the accessory buildings illustrating the use
of Building III as a garage with unfinished storage above and Building II as an extra accessory storage space
building(interior unfinished)along with a copy of an updated survey illustrating the correct labeling of each
structure(i.e. residence, accessory garage with unfinished storage over, accessory storage building) to the
satisfaction of this Board prior to the issuance of a building permit(these plans are to be used to apply for
that permit).
5. All heat, roof penetrations, propane tanks, interior plumbing, water lines, etc. are to be removed from the
accessory structures to the satisfaction of the Town of Southold Building Department prior to the issuance
of a building permit and final certificate of occupancy for each storage structure.
6. The septic systems servicing the former two,illegal dwelling units on the site(2"d floor of garage structure
and stucco shed structure) are to be demolished, collapsed and filled in to the satisfaction of the Town of
Southold Building Department.
7. Water lines are to be disconnected from the two accessory storage structures.
8. The two accessory structures (garage with attic storage and the `stucco' accessory shed) shall remain
unconditioned,non-habitable storage space.
9. The existing rear deck addition on the single-family residence may not be covered over, enclosed or
converted to habitable space of any kind.
10. The"as built"residence may not be used or RENTED until a Certificate of Occupancy has been obtained
along with a RENTAL PERMIT.
This approval shall not be deemed effective until the required conditions have been met. At the discretion of the
Board ofA,ppeal ,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 agte rl ht to substitute a similar deli' n that is de minimis in nature for an alterati n that does
not increase the degree of rxoncon vrmi rovided de minimis retie is re nested within one ear o Mite date o
this decision. AnE time a ter one ELar the Board n re airs a new lication.
EMYORTANT:LIMITS ON THE APPRO'4" S GRANTED REIN
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 Department
of a building permit and/or the issuance of a Stop Work Order, and may require a new application and public
hearing before the Zoning Board of Appeals.
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Page 6,May 15,2025
#8010 Cierach p'
SCTM# 1000-115-17-3
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 demlitions exceeding the scope of the relief granted
herein, are trot authorized under this application when involving nonconfornrities 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
TEM LIWrS ON THIS APPROVAL: 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(j)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 TIIF PROPERTY OWNER'S RLSPONS;IBILI W TO ELqaURE CONIPLIANCE,WIT-1-1
CODE D TOM 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),Planamento,Acampora,and Steinbugler.(4-0)
(Member Lehnert absent)
6L
Leslie Kane Weism n Chairperson
Approved for filing� /1 /2025
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LOT 5T LOT
MAP OF
HARBOR VIEW AT MATTITUCK
FILED IN THE OFFICE OF THE CLERK OF SUFFOLK COUNTY
ON AUGUST 21, 1987 AS FILE No. 8377