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Home My WebLink About52523-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#: 52523 Date: 12/05/2025 Permission is hereby granted to: Andrew Brooks PO BOX 1312 Cutchogue, NY 11935 To: Construct additions and alterations to an existing single family dwelling as applied for to include laundry area and deck extension per ZBA approval. Premises Located at: 373 Broadwaters Rd, Cutchogue, NY 11935 SCTM# 104.-12-6.3 Pursuant to application dated 02/18/2025 and approved by the Building Inspector. To expire on 12/05/2027. Contractors: Required Inspections: Fees: Single Family Dwelling- Addition&Alteration $324.00 CO Single Family Dwelling-Addition/Alteration $100.00 Total $424.00 A15 Building Inspector t TOWN OF SOUTHOLD—BUILDING DEPARTMENT Town Hall Annex 54375 Main Road P. O. Box 1179 Southold NY 11971-0959 Telephone (631) 765-1802 Fax (631) 765-9502 lrott� s; " vwr.scrrtltoZ' town o Date Received APPLICATION FOR BUILDING PERMIT �� °. � 8, For Office Use Only PERMIT NO. 5 62 Building Inspector. ... Applications and forms must be filled out in their entirety.Incomplete applications will not be accepted. Where the Applicant is not the owner,an Owners Authorization form(Page 2)shall be completed. Date:02.18.25 OWNER(S)OF PROPERTY: Name:Andrew Brooks SCTM#1000-104-12-6.3 Project Address:373 Broadwaters Road - Cutchogue, NY 11935 Phone#: Email: Mailing Address: CONTACT PERSON: Name:Zackery E. Nicholson, RA Mailing Address: 1250 Evergreen Drive - Cutchogue, NY 11935 Phone#:631.513.6589 Email:ZENicholson.Arch@gmail.com DESIGN PROFESSIONAL INFORMATION: Name:Zackery E. Nicholson, RA Mailing Address:1250 Evergreen Drive - Cutchogue, NY 11935 Phone#:631.513.6589 Email:ZENicholson.Arch@gmail.com CONTRACTOR INFORMATION: Name: Mailing Address: Phone#: Email: DESCRIPTION OF PROPOSED CONSTRUCTION ❑New Structure ®Addition ❑Alteration ❑Repair ❑Demolition Estimated Cost of Project: ❑Other $TBD Will the lot be re-graded? ❑Yes liiiNo Will excess fill be removed from premises? ❑Yes igNo 1 PROPERTY INFORMATION Existing use of property:Single Family Dwelling Intended use of property:Single Family Dwelling Zone or use district in which premises is situated: Are there any covenants and restrictions with respect to R-40 this property? ❑Yes @No IF YES, PROVIDE A COPY. 11 Check Brix After" ea l : The owner/contractor/design professional Is responsible for all drainage and storm water Issues as provided by Chapter 236 of the Town Code. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building zone Ordinance of the Town of Southold,Suffolk,County,New York and other applicable Laws,Ordinances or Regulations,for the construction of buildings, additions,alterations or for removal or demolition as herein described.The applicant agrees to comply with all applicable laws,ordinances,building code, housing code and regulations and to admit authorized inspectors on premises and In buliding(s)for necessary Inspections.False statements made herein are punishable as a Class A misdemeanor pursuant to Section 210.45 of the New York State Penal Law. Zackery E. Nicholson RA Application Submitted By(print name): @Authorized Agent ❑Owner Signature of Applicant: Date: a•18.25 STATE OF NEW YORK) CONNIE D.BUNCH Notary Public,State of New York SS: NO.'O1 BU6185050 COUNTY OF ) Ouallfled In Suffolk County Commission Expires April 14,2 being duly sworn, deposes and says that(s)he is the applicant (Name of individual signing contract)above named, (S)he is the (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 of his/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 ay of lm a ZD y � i {'l /A ck Notary Public (Where the applicant is not the owner) I, Andrew Brooks residing at 373 Broadwaters Road - Cutchogue, NY 11935 do hereby authorize Zackery E. Nicholson to apply on my behalf t the Town of Southold Building Department for approval as described herein.. �k� 02.15.25 Owner's Signature Date Andrew Brooks Print Owner's Name 2 _4�q Albert J. Krup ski, Jr. STORIMIWA\T]ER, SUPERVISOR 1\\4A l\A�G]EI\�1[]EN ]F SOUTHOLD TOWN HALL-P.O.Box 1179 01 53095 Main Road-SOUTHOLD,NEW YORK 11971 Town of So u th o l d CHAPTER 236 - STORMWATER MANAGEMENT REFERRAL FORM ( APPLICANT INFORMATION TO BE COMPLETED BY THE APPLICANT ONLY FOR PROPERTIES ONE ACRE IN AREA OR LARGER. ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - APPLICANT: (Property Owner, Design Professional, Agent, Contractor, Other) NAME: ZACKERY NICHOLSON Date: (Print) 02.19.25 G%"a�auap rMW'tiH Contact Information: ZENicholson.ARCH@-qmail.com mail.com (G-Mad&Telephone Number) 631 .513.6589 Property Address / Location of Construction Site: 373 Broadwaters Rd S.C.T.M. #: 1000 Cutcho ue, NY 11935 District 104 12 6.3 Section Block Lot TO BE COMPLETED BY SOUTHOLD TOWN ENGINEERING DEPARTMENT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Area of Disturbance is less than 1 Acre. No S.P.D.E.S. Permit is Required ! ❑ - Project does Not Discharge to Waters of the State. No S.P.D.E.S. Permit is Required ! ❑ - Area of Disturbance is Greater than 1 Acre&Storm-water Runoff Discharges Directly to Waters of the State of New York. THE APPLICANT MUST OBTAIN a S.P.D.E.S. Permit DIRECTLY From N.Y.S. D.E.C. Prior to Issuance of a Building Permit. ❑ - Area of Disturbance is Greater than 1 Acre&Storm-water Runoff Flows Through Southold Town's MS4 Systems to Waters of the State of New York. THE APPLICANT MUST OBTAIN a S.P.D.E.S. Permit through the Southold Town Engineering Department Prior to Issuance of a Building Permit. Reviewed By: " (� "� Date: �C d I FORM * SMCP-TOS December 2024 Page 2,October 16, 2025 #8045,Brooks SCTM No. 1000-104-12-6.3 FINDINGS OF FAC'"I l REASONS FOIE BOARD ACT ION: The Zoning Board of Appeals held a public hearing on this application on October 2, 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)(1 Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The addition is small in size, 9 feet by 10.3 feet, and will not be visible from the street. The property has matured vegetative screening on the east, south, and west sides that will prevent visibility from those directions. 2. ",I"'own 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 existing dwelling is positioned with a 36.5-foot front yard setback, which encroaches about one-third into the required 50-foot front yard setback, therefore any modification to the dwelling will require area variance relief. The addition will have a 46.1-foot front yard setback, which is greater than the existing dwelling's front yard setback. 3. Town Law '27-b .3 b' 3 ,. The variance granted herein is not mathematically substantial, representing 7.8% relief from the code. However, only a small portion of it extends into the front yard and that location is the only functional location for a mudroom addition.There will be no impact to any neighbors and no environment disturbance to the area. 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. 5. Town Law &267-b(3)(b)(5). 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 S267-b: Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an extension to the dwelling to comprise of a laundry room and mudroom,measuring 9 feet by 10.3 feet, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RI S0L, 1T lQN 0h .'11m E 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 Steinbugler, and duly carried,to GRANT the variance as applied for, as shown in the Proposed Site Plan and Proposed Plan& Elevation Sheets SP- 100 and A-100, prepared by Zachery E.Nicholson,Architect, last revised June 22, 2025. SI. BI ECT TO T.I-IE FOLLOWING CONDITION: 1. The applicant shall submit a corrected "Brooks Residence Proposed Site Plan SP-100", dated, signed and sealed, reflecting the actual lot lines of the subject property, which is a rectangular lot and not a flag lot as depicted in the original submission. Page 3, October 16,2025 #8045, Brooks SCTM No. 1000-104-12-6.3 leis approval shall not be deemed e t.At the discretion of .f,leclive until the required conditions have been nic the Board of Appeals,failure to compt with the above conditions may render this decision n till and void. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued TlieB'oai•d reserves the!:L)httost,ib,s,littileasit?zileir ?siL(oii that iiv(dife--i)iiiiiiiiisiti stature loran alteration Llititdoes not increase the Lie D.M., o. the slate o gree otnonconLormity, provided tie ininitniv �Liej(iy reauested withl li 0,11C this decision. An time after one year, the Board may require a new a afleation. IMPORTANT LIMITS ON THE APPROVAL(S) GRANTED HEREIN 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'mays 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. TIME LIMITS,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(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 IUKS 0 SIBILITY TO ENSURE COMPLIANCE WITH P N THE CODE REQUIRED,TIME'FRAME DESCRUBED 11 EREIN. 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 Planamento(Vice Chair),Acampora, Lehnert and Steinbugler. (4-0)(Member Weisman absent) .............. to' is o , s J. Planamento, Vice Chairperson I. filing Ala V�o ed for filing /I T- /2025 N w' y a BOARD MEMBERS �« ol/ Southold Town Hall 01 Leslie Kanes Weisman, Chairperson 16>* 53095 Main Road • P.O. Box 1179 Patricia Acampora Southold,NY 11971-0959 Robert Lehnert, Jr. c Office Location: to Margaret Town Annex/First Floor Nicholas 1 as teinb anamen ler U 54375 Main Road(mat Youngs Avenue) CO � t� m� g:38ct�- r http://southoldtownny.gov ZONING BOARD OF APPEALS 2 0 2025 TOWN OF SOUTHOLD � Tel. (631) 765-180911� s. FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 16, 2025 ZBA FILE: No. 9045 NAME OF APPLICANT: Andrew Brooks PROPERTY LOCATION: 373 Broadwaters Road, Cutchogue,NY SCTM No. 1000-104-12-6.3 SEQI A OFTERMI ATIQN: 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. SUI°FOLK COUNTY ADMINISTRATIVE CODE:: This application was not required to be referred to the Suffolk County Department of Planning under the Suffolk County Administrative Code Sections A 14-14 to 23. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The subject property is a 40,097.75 square foot parcel located in the Residential R-40 Zoning District. The westerly property line measures 200.12 feet, the southerly property line measures 200.00 feet,the easterly property line measures 200.00 feet and the northerly property line measures 176.74 feet. The property is improved with a one-story dwelling with an attached covered front porch and an attached wood deck at the rear of the dwelling as shown on the survey map prepared by Kenneth M Woychuk, LS, and revised October 25, 2018. BASIS OI° APPLICATION: Request for Variance from Article IV, Section 280-18 and the Building Inspector's March 24, 2025,AMENDED May 29, 2025 Notice of Disapproval based on an application for a permit to construct an addition to an existing single-family dwelling;at 1)located less than the code required minimum front yard setback of 50 feet; located at 373 Broadwaters Road, Cutchogue, NY. SCTM No. 1000-104-12-6.3. RELIEF REQUESTED: The applicant requests a variance to construct an addition to an existing single-family dwelling. The proposed construction having a front yard setback of 46.1 feet is not permitted pursuant to Section 280 Attachment 3 Bulk Schedule for R-40 which requires a minimum front yard setback of 50 feet. The proposed construction is shown on the Brooks Residence Proposed Site Plan SP-100 and Proposed Plan and Elevation A-100 prepared by Zachery E. Nicholson, Architect, dated June 22, 2025. ADDITIONAL OI AL.INFQRMATIOM During the Public Hearing a neighbor stated his support for the application. This property, a rectangular lot with no street frontage, lies behind a street-front home, is heavily screened, and cannot be seen from the street. This parcel is not a flag lot, but has legal access to the road via a right of way using a long driveway located on the parcel to the north. , NZ w ""« ZEN DES' / 1250 EVERGREE RECEIVED \ CUTCHOGUE,NY P PHONE:63L51 \ � ,�"" These plan.ere eopyril end e pwtnrUm pa an.-meh6U wn1 wro Copyright Aot 17U9A,ee ernrndedC ZONING BOARD OF APPEALS \ " ee Arctlltutarel Worlu Copyd@Itpre ww�mm t"'''"" J, Ca mom proteonon inoludu but Is not limited asthe errsngement.nd compoeMon, r� y ' dP "^ design.Under wdl protaanan,uneud \ or y �\ � wNorhomeropreum cen en, leg v\ g'""/ p n mmm cenatructlon ar Wilding.being- ae earnpenmpenutlon to ZENO p \ N0. ISSUE v � 9 ! "•V 01 PERMIT SET \ 02 REV 1 / / \ 03 REV \ 04 ZBA 05 ��;�„ZBA REV 1 m„ / Y • � �sx a D A „ E.NI Hy,7wAll I CA1311f`d.EAV bm 1 u,049S1 0 4 rAi l0IIOII W4 C01ul Y fff w .w.._.. / .._,._...- �•.�.�. IiY':rm la yr / / r w INw d y nsu � �444 r rw� � /" / :�C u r /• � Dc C 04 , BROO � I �� / ,,! RESIDE 373BROADWA CUTCHOGUE,N / Bide, Dept ccopl from CAA, n , 1000-104-: Final reviewed f7c� ,r SCALE: \ r P,H File # DF-tw r� 1 �� DATE: DRAWN BY: it \ / PROPO \ / SITE PI