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#8100-Weiland ZBA application
C� TOWN OF SOUTHOLD Received BUILDING DEPARTMENT SOUTHOLD,NY JAN 2 9,2026 NOTICE OF DISAPPROVAL Zoning Board of Appeals DATE: October 17, 2025 RENEWED: January 14, 2026 AMENDED: January 27,2026 TO: Jane G. Weiland 6485 Nassau Point Road Cutchogue,NY 11935 Please take notice that your application dated September 5,2025: For permit:to construct an accesso in- round swimmin ool at: Location of property: i485 Nassau.Point Road Cutcho ue NY. County Tax Map No. 1000-Section I I I Block 13 Lot I I Is returned herewith and disapproved on the following grounds: The ro Deed swimntin ool on this nonconfarmin 52 413.80 . in the R-40 District is not sltall be located in the re uVe lIl Section 280�1 which states accesso buildin s and structures errnitted ursr,rant io ,Attic fired rear and or in the case of a waterfront arcel a� sory buildings. and structures irra be loted iit the front and rovided that such buildin s and structures meet, the front and rinci al setback re irirements asset forth b this Code and the side and setback requirements for°accssor briildin sin Subscction B above The access o swiitrrnin aol is located in the side yard.. g ionall the ool is not eirnitted ursuant to Artidle III Section 280-116A l which : "All buildiras rtr structures locatcdoi lots a on which there exists a�bluff landward of the or beach shall be set back not fewer their 100 feet'from the tip oaf such bluff.,, The ool is located 62.5 fit to to of bluff. This Notice of Disapproval has been amended to reflect the revised survey, last dated 1123126. A,'-'- Authorized Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file,Z.B.A. APPLICATION TO THE SOUTHOLD TOWN BOARD OFAMO*ved AREA VARIANCE House No. 6485 Street Nassau Point Road Hamlet Cutchogue JAN 2 412026 SCTM 1000 Section:111 Block:13 Lot(s) 11 Lot Size: 1.203?ti P&M� RA40ppeals I (WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 01/14/2026 BASED ON SURVEY/SITE PLAN DATED Owner(s):Jane Weiland AKA Jane Gartenberg Cummins Mailing Address: 6485 Nassau Point Road, Cutchogue NY 11935 Telephone 516-220-5661 -Fax: Email:lanegweiland@gmail.com NOTE:In addition to the above.„please complete below if application is signed by applicant's attorney,agent, architect,builder,contract vendee,etc.and name of person who agent represents: Name of Representative: Krista Jones for(Owner( ) Other: Address: 3685 Elijahs Lane, Mattituck, NY 11952 Telephone631-335-8175 Fax: Email: millstonepropertyservices@gmail.com Please check to,speirijji who you was c�rrre��rawttleaice to ben ailed to,from the above names: ( )Applicant/Owner(s), M Authorized Representative, ( )Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED and DENIED AN APPLICATION DATED 09/05/2025 FOR: WBuilding Permit ( ) Certificate of Occupancy ( ) Pre-Certificate of Occupancy ( ) Change of Use ( ) Permit for As-Built Construction ( ) Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: I I I Section: 280 Subsection:15 Type of A peal. An Appeal is made for: Variance to the Zoning Code or Zoning Map. ( )A Variance due to lack of access required by New York Town Law-Section 280-A. ( )Interpretation of the Town Code,Article Section ( ) Request for Reversal or Overturn the Zoning Officer's Denial Other A prior appeal( ) has, Vhas not been made at any time with respect to this 12roperty, UNDER Appeal No(s). Year(s). (Please be sure to research before completing this question or call our office for assistance) Page 2, Area Variance Application Received Revised 6/2023 JAN 2 9-2026 REASONS FOR APPEAL (Please be specific,additional sheets may be used with preparer's signature notariz96ing Board of Appeals 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted,because: The location of the pool in the sideyard has been selected to provide the most privacy and will be hidden from the view of nearby properties. 2. The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance,because: The existing location of the house conflicts with the setbacks required by a pool in the back yard,. 3. The amount of relief requested is not substantial because: This lot is uniquely larger than that of the neighboring properties, approximately 35-45% larger on average. 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: It will be installed with the proper methods and systems in place. 5. Has the alleged difficulty been self created? { } Yes,or {\yNo Why: The house has been existing since 1927 and was purchased by the current owner in 2000. • Are there any Covenants or Restrictions concerning this land? { } No { } Yes(please furnish a copy) • This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. By signing this document,the PROPERTY OWNER understands that pursuant to Chapter 280- 146(B)of the Code of the Town of Southold,any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured,and/or a subdivision map has not been filed with the Suffolk County Clerk,within three(3)years from the date such variance was granted. The Board may,upon written request prior to the date of expiration,grant an extension not to exceed three(3)consecutive one(1)year terms. IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN. Sinature of,A,pp '° .t or Authorized Agent (Agent must s w, itteii Authorization from Owner) Sworn to before me this _agth day TRACEY L. DWYER Aotap t 20 2(a NOTARY PUBLIC,STATE F NEW YOSK, 11 tc Zoning Board of Appeals Received APPLICANT'S PROJECT DESCRIPTION JAN 2 91 2026 APPLICANT: Jane Weiland AKA Jane Gartenberg Cummins SCTM No. 1000-111-13-11 af et A �pP� Zonifigd 1. For Demolition of Existing Building Areas Please describe areas being removed: II.New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: Height(from existing natural grade): Is basement or lowest floor area being constructed? If yes,please provide height(above ground)measured from natural existing grade to first floor: III. Proposed Construction Description (Alterations or Structural Changes) (Attach extra sheet if necessary). Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage, sky plane(From Surveyor, Design Professional): Existing square footage of buildings on your property: Proposed increase of building coverage: Square footage of your lot: Percentage of coverage of your lot by building area(lot coverage) Gross Floor AreaG1°AI of single family dwelling including the attached garage and/or habitable detached accessory structure: (Please refer to Chapter 280, Section 280-207 of the Town Code): For Residential lots, is project within the allowable Sky Plane? (Please refer to Chapter 280, Section 280-208 of the Town Code): ............................ V. Purpose of New Construction: Installation of an in-ground pool in the side yard VI. Please describe the land contours (flat,slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): Describe on separate page if needed: The land contours do not relate to any difficulty in meeting the code requirement. Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction, and photos of building area to be altered with yard view. Revised 6/2023 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION Received A. Is the subject premis s currently listed on the real estate market for sale? Yes V No JAN 2 9:'2026 �/No y proposals Yes,please explain on separate sheet. Appeals B. Are there an to change or alter landcontours? Zoning Board of A C. 1.)Are there areas that contain sand or wetland grasses?, 2.)Are those areas shown on the survey submitted with this application? 3.) Is the property bulk headed between the wetlands area and the upland building area? yes 4.) If your property contains wetlands or pond areas, have you contacted the Office of the BOARD OF TRUSTEES for its determination of jurisdiction? yes Please confirm status of your inquiry or application with the Board of Trustees: Wetlands Application has been submitted to the board of Trustees alongside this application If issued,please attach copies of your permit listing conditions of approval with a copy of the approved survey. pending D, Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? no E. Are there any patios, concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? no If any of the aforementioned items exist on your property,please show them on a site plan. F. Are there any construction projects currently in process on your property? no If yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe scope of work: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If none exist,please apply to the Building Department to obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? no If yes,please label the proximity of your lands on your survey and identify the Suffolk County Tax Map No. I. Please list present use or operations conducted at your property, and/or the proposed use existing single family, proposed: same with pool J. (examples:existing single family,proposed:same with garage,pool or other) utloried signs tr -� ate FORM NO. 4 �/1 jV6 TOWN OF SOUTHOLD ' BUILDING DEPARTAWNT Received Town Clerk's Office Southold, N. Y. JAN 2 912026 Zoning Board of Appeals Certificate Of Occupancy No. .Z7912 . . . , . Date . . . . . . . . . . . . . . .Sent. . . . .26, 19,77. . THIS CERTIFIES that the building located at Na s sRu. .Pont.11nad. . . . . . . Street Map NoNas.s. . :t . . . Block No. . . . . . . . . . .Lot No, . . 6,&1.f.7 . . . cutchogue. . . . . . . . . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated . . . . . . . . . . . . . . .Deo. . .1.919.75 pursuant to which Building Permit No.83464 . , dated . . . . . . . . . . . .Dee . . 24. . ., 19 7 5 ., was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is . Pxi'Vata orm .family•dwelling• i;ith. axa-addit;.on. . . . . . . .. . . . . .. . . . The certificate is issued to .George, c. X:LvIan. Bahrm&n. . . . .Qwners. . . . . . . . . . . . . . . . (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval N . . . .. . . . . . . . . . . . . . . . . . . . .. . . . UNDERWRITERS CERTIFICATE No. POAd.In8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . HOUSE NUMBER . . . . . n5. . . . Street . . Nassau -Point-Road. . . . . .Eutchogue . - . .. . . . . . . .. . . . . . . . r . . . w . .. .. . . . . . . .. .. . . . . . . . . . . . . . . . .. . . . . . . . . .. .. . . . . . . . . .. . . . . -A „ . . . . Building lspeto I� ._...._... .. FORM NO. 4 TOWN OF SOUTHGID CU BUILDING DEPARTMENT Received Office of the Building Inspector �4 Town Hall Southold, N.Y. JA N 2 9-2026 PRE EXISTING Zoning Hoard of Appeals CERTIFICATE OF OCCUPANCY No Z-18379 Date SEPTEMBER .19 1989 THIS CERTIFIES that the building ONE FAMILY DWELLING Location of Property 6485 NASSAU POINT ROAD �" HOGUEON.i�. House No. Street Hamlet County Tax Map No. 1000 Sections III Blo&�_ 13 Lot: 11 Subdivision Filed Map No. Lot No. conforms substantially to the requirements for a private one family dwelling built prior to: APRIL 9, 1957 pursuant to which CERTIFICATE OF OCC. $Z-I8379 dater SEPTEMBER 19 1989 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 INS WITH ACCESSORY WOOD FRAME ONE CAR The certificate is issued to VrVM BEHRMAN (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL NO RECM PRE EXISTING UNDERWRITERS CERTIFICATE NO. NO RECORD 'PRE EXISTING PLUMBERS CERTIFICATION DATED NO RECORD PRE EXISTING *PLEASE SEE ATTACHED INSPECTION REPORT. Building Inspector Rev. 1 f 81 BUILDI--,'G DEPARTIIIED.T TOFIN OF SOUTHOLD, N. Y. Location 6485 HA HOUSINGPp�C>;oAD INSPECTION REPORTN.Y.CUTCBOMI UM3 r Tc trees un ci ty) Subdivision Map No. Lots) eceive Name of Owner(s) VIVIAN'BE> OccupancJ R-40 RES. OWNER JAN 2 0-2026 type owner-zenanti Admitted by: CHOICE BKORMAY Accompanied by: SAM Zoning Hoard of (appeals Key available Suffolk Co. Tax No. 111-13-11 Source of request G Date SEPT. 11, 1989 MIELLI`1G Type of construction WOOD FRAME #stories ONE Foundation PER Cellar Crawl space RZ Total rooms, 1st. F1 5 2nd. F1 3rd. F1 Bathroom(s) 2 FULL BATHS Toilet room(s) Porch, type RUB COVVWD Deck, type Patio, typeFEDNT BreeaLnn any pw Garage, Utility room Type Heat NONE Warm Air Hotwater Fireplace(s) ONE No. acits 3 Airconditioning Domestic hotwer E11 IC Type heater REM Other ACCESSORY STRUCTURES: Garage, type const. WOOD FRAMB Storage, type const. Swimming pool Guest, type const. Other VIOLATIONS: _CHAPTER 45—N.Y_ STATE DNIFORK FIRE PREVENTION 6 BDILDING CODE Lndation D.escrintibn Pert. Sec. SEASONAL DWELLING - 6 MONTHS ONLY Remarks: HOUSE IN GOOD CONDITION BP 18346/CO Z7912 for ADDITION Inspected by: 'LiDate of Insp. SEPT. 13, 1989 i FISH •Time start 1 1:15 end 11:45 FORM NO. 4 TOWN OF SOUTHOLD Received BUILDING DEPARTMENT Office of the Building Inspector Town Hall JAN 2 9�2026 Southold, N.Y. Zoning Board of Appeals CERTIFICATE OF OCCUPANCY No% Z-26274 Date: 02/09/98 THIS CERTIFIES that the building AL`T'ERATION y• (HOUSE (STREET) HOGUE CUTC Location of Property: � f485 Bla NASSAU POINT - (HAMLET) County Tax Map No. 473889 Section ill Block 13 Lot 11 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated AUGUST" 26 1998 pursuant to which Building Permit No. 25238-Z dated OCTOBER 15, 1998 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 RT EXISTING SEASONAL DWELLING TO A YEAR ROUND 2KE p MILy DWELLING By INSTALLING INSULATIO"t NEW WINDOWS & HEATING SYSTEM A45 APPLIED The certificate is issued to MICHAEL S CATAPANO (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. HOi62947 01/2 7/99 PLUMBERS CERTIFICATION DATED N/A lei Building I 'ector Rev. 1/81 ffal'toW Town of Southold 5/19/2023 ' P.O.Box 1179 " 53095 Main Rd Southold,New York 11971 Received CERTIFICATE OF OCCUPANCY JAN 2 9 2026 Zoning Board of Appeals No: 44112 Date: 5/19/2023 THIS CERTIFIES that the building GENERATOR Location of Property: 6485 Nassau Point Rd,Cutchogue SCTM#: 473889 Sec/Block/Lot: 111.-13-11 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 12/5/2022 pursuant to which Building Permit No. 48774 dated 1/23/2023 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: access enerator as a lied for. The certificate is issued to Weiland,Jane ' of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. 48774 2/9/2023 PLUMBERS CERTIFICATION DATED Au a " eI at= Town of Southold 6/29/2023 P.O.Box 1179 9i�6 53095 Main Rd Southold,New York 11971 Received ;4 CERTIFICATE E OF OCCUPANCY zoning Hoard of Appeals No: 44228 Date: 6/29/2023 THIS CERTIFIES that the building ELECTRICAL Location of Property: 6485 Nassau Point Rd,Cutchogue Cutchogue SCTM#: 473889 Sec/Block/Lot: 111.-13-11 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 5/18/2023 pursuant to which Building Permit No. 49271 dated 5/18/2023 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: .Electric whin i e , �. The certificate is issued to Weiland,Jane 4 of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. 49271 06-02-2023 PLUMBERS CERTIFICATION DATED *AuOriiz-ed S gnatur „”. Town of Southold 5/30/2024 P.O.Box 1179 53095 Main Rd Received Southold,New York 11971 CERTIFICATE OF OCCUPANCYoning Board of 4PPeals No: 45232 Date: 5/3 0/2024 THIS CERTIFIES that the building HOT TUB Location of Property: 6485 Nassau Point Rd,Cutchogue SCTM#: 473889 Sec/Block/Lot: 111:13-11 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 12/5/2022 . pursuant to which Building Permit No. 48746 dated 1/18/2023 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: a" 'b ilt'"hot tub a 1"ed for # 434 date d I ill 2020 The certificate is issued to Weiland,Jane of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. 48746 6/7/2023 PLUMBERS CERTIFICATION DATED Signature L Town of Southold 5/30/2024 P.O.Box 1179 'e 53095 Main Rd Southold,New York 11971 � ceived CERTIFICATE OF OCCUPA Board of Appeals No: 45231 Date: 5/30/2024 TMS CERTIFIES that the building ADDITION/ALTERATION Location of Property: 6485 Nassau Point.Rd.,Cutchogue SCTM#: 473889 Sec/Block/Lot: 111.-13-11 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 3/9/2021 pursuant to which Building Permit No. 46028 dated 4/2/2021 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: additions and alterations 'ncludin tlnished ssgme ov red en raise io a d second floor deck t existing sir► le famil dweliin as a lied far erllA# 434 da ed 11 19/2020. The certificate is issued to Weiland,Jane of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL R-20-1369 3/25/2024 ELECTRICAL CERTIFICATE NO. 46028 12/6/2022 PLUMBERS CERTIFICATION DATED 5/26/2025 C e Berry J . u ri Signature BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road -P.O.Box 1179 4 Southold,NY l 1971-0959 James Dinizio,Jr. Office Location: Gerard R Goehringer Town Annex/First Bank George Horning 54375 Main Roa a s �v'iqAI ue) Ken Schneider" Southold,NY 11971 ti� � 9 2026 http://southoldtown.northfork.net 41oCn'inqBoard of Appeals ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD Tel.(631)765-1809-Fax(631)765-9064 JUL l 3 FINDINGS,DELIBERATIONS AND DETEMMATION%440j�12� MEETING OF DULY 7,2011 $04110011d ToWn Clerk ZBA FILE: 6472 NAME OF APPLICANT: Jane Weiland SCTM#1000-111-13-11 PROPERTY LOCATION: 6485 Nassau Point Rd. (adj.to Little Peconic Bay),Cutchogue,NY SE RA DE M N TIO : 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. SLJFFOLI OUNTY A—DM—IN15TRATIVE 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 April 20, 2011 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWR'PDETERMINATION: A Letter dated May 27, 2011 confirming inconsistency was submitted to the Board of Appeals under Chapter 268, Waterfront Consistency Review of the Town of Southold Code and Local Waterfront Revitalization Program (LWRP)standards. P OPERTY —FACTS/DESCRIPTION.— Subject property is improved with a two story dwelling and an accessory garage. It contains 47, 516 sq. f3. with 190.33 feet of frontage on Nassau Point Road,291.03 feet along East Club Road, 141.28 feet on Little Peconic Bay and 305.00 feet on the north property line as shown on the Project plan and section prepared by Hideaki Ariizumi,Architect dated 5/7/201 1. BASIS OF APPLICATION: Request for Variance under Section 280-116,based on the Building Inspector's April 5, 2011,Amended April 12,2011 Notice of Disapproval concerning an application to construct an accessory deck and shed,which proposed construction will be: 1)less than the code required setback of 75 feet from the bulkhead. RELIEF REQUESTED: The applicant proposes to construct a 326 square foot deck with a shed at 0' setback from the existing bulkhead. AMENDED APPLICATION: The applicant amended the application prior to this Boards scheduled Public Hearing.The application amendments reflect and comply with the requirements set forth in the"Board of Southold Town Trustees"permit 47542. The applicant reduced the deck to a maximum size of 199 square feet, removed the proposed shed and added a bench. They increased the bulkhead setback from 0' to 1.6'. ADDITIONAL INFORMATION: The adjoining waterfront property owners have existing deck features at their shared continuous bulkhead which are larger than what the applicant proposes in the "Relief Requested". The majority of the subject parcel is at approximately elevation 32 and slopes steeply down to elevation 7 at the toe-of- Page 2—July 7,2011 ZBA File#6472-Weiland UK 1000-111-13-1l slope and bulkhead where there is a narrow sandy area between the toe of slope and the s narro,4?'166 area,where the boardwalk/deck with built-in bench is proposed, is approximately 12 feet wide. FIND 4GS OF FACTJ REASONS EQ ARD A l0N: ,Zoning Board of Appeals The Zoning Board of Appeals held a public hearing on this application on,tune 2,2011,at which time written and oral evidence were presented. Based upon all testimony,documentation,personal inspection of property and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: l. Town IG w 267-b b 1 Granting of the requested variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties.The proposed boardwalk/deck with bench at the bulkhead is smaller in area and similar in design to what the adjoining waterfront property owners have at the bulkhead. 2. Town lAw 26'7 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 width of the area between the toe of slope and the bulkhead is narrow,at only approximately 12 feet in width, and does not permit a conforming bulkhead setback due to this unique feature. 3. IM Law J6 '-b . The variance granted herein is mathematically substantial,, requesting a 1,6 foot setback or 8%relaxation of the code required 75 feet setback. However,the requested variance may be considered not substantial when compared to larger decking structures that exist at the bulkhead on the adjoining properties. Towne Lea - b 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 proposed boardwalk/decking with built-in bench area is small and its proposed use is passive and will not affect the environment or have an adverse impact on this neighborhood. 5, — w9 Law 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, 2� Grant of requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a 199 square foot boardwalk/deck with built-in bench , while preserving and protecting the character of the neighborhood and the health,safety and welfare of the community.. RE gOLUTI - QF_THE B A In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Schneider, seconded by Member Weisman (Chairperson), and duly carried,to DENY,the application as applied for and to; GRANT, alternative relief, and as shown on the revised Architectural Drawings entitled: Weiland Boardwalk, Project Plan and Section, Sheet A.001,dated 5/7/2011. Conditions: 1. The boardwalk/deck with built-in bench shall remain open to the sky. That the above conditions be written into the Building Inspector's Certificate of occupancy, when issued. Any deviation from the variance given such as extensions,or demolitions which are not shown on the applicant's diagrams or survey site maps,are not authorized under this application when involving nonconfor-mi ties under the zoning code. This action does not authorize or Page 3—July 7,2011 ZBA File#6472-Weiland CTM:1000-111-13-11 condone any current or future use,setback or other feature of the subject property that may violate the Zoning Code,other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes:Members Weisman(Chairperson),Horning, Goehringer,Dinizio,Schneirceived This Be inn was duly adopted(S-0). JAN 2 9-2M L�� Zoning Board of Appeals Leslie Kanes Weisman,O airperson. Approved for filing /�� /201 1 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson , ' ► 53095 Main Road•P.O.Box 1179 ., Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento Southold,NY 11971 http://southoldtowmy.gov RECEIVE[) ZONING BOARD OF APPEALS &putto X.s I M TOWN OF SOUTHOLD NO 2 020 Tel.(631)765-1809•Fax(631)765-9064 M 1 C.G FINDINGS,DELIBERATIONS AND D TERMI ATI OU O� l Town Clerk MEETING OF NOVEMBER 9,20 0 ZBA FILE: 7434 Received NAME OF APPLICANT: Jane G.Weiland .IAN 2 20�6 PROPERTY LOCATION: 6485 Nassau Point Road(Adj.to Little Peconic Bay),Cutchogue,NY SCTM#1000-111-13-11 Zoning Board Qi .4ppeals 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 H category of the State's List of Actions,without Rather steps under SEQRA. SUFFOL I TRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 thru A 14-2 and the Suffolk County Department of Planning issued its reply dated September 18, 2020 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. D AT 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 October 13,2020. Based upon the information provided on the LWRP Consistency Assessment Form submitted, as well as the records available, it is recommended that the proposed action is recommended as CONSISTENT with the LWRP policy standards and therefore is CONSISTENT with the LWRP. The recommendation is based on the following: 1. The proposed additions are located further landward than the existing structure. 2. The proposed additions are not located within the FEMA Flood Zone. 3. The parcel is not located within the CEHA. 4. Mitigative actions to further LWRP polices 4, Sand 6 are proposed. UFFOLK COUNTY SOIL AM T—E- C_ONSER_VAT1QN_DL5TRICT, This application was referred to Suffolk County Soil and Water Conservation District(SCS&WCD) for review and comment and the SCS&WCD issued its reply dated October 22, 2020 indicating an inventory, evaluation and site visit occurred on October 20, 2020. It was observed that the property is well-vegetated in turf grass and other ornamental plantings. No major issues from the stormwater runoff were detected, despite several of the dwelling gutters downspouts being discharged at the surface, in the garden beds. The elevation slope of the property appears to flow from the northeast corner, towards the foot path located adjacently south/southwest to the property. No irrigations heads seem to be present near the bluff and there does not appear to be any significant erosion of the top of the bluff. There is a fence along the shole backend of the property, on the top of the bluff. The top and face of the bluff is well-vegetated in mix of native and invasive grasses, forbs, vines, and shrubs/trees. There does not appear to be any severe signs of bluff erosion, presently. The expansion of the existing single-family dwelling may influence an Page 2,November 19,2020 Received #7434,Weiland SCTM No. 1000-111-13-11 JAN 2 9`2026 increased volume of stormwater runoff';therefore,proper procedures are followed to captureMV" r + )u%epqpeals water as indicated on page SPI of the Proposed Site Plan. The north-side of the dwelling was measured as 10 feet from the property line but, does not seem to show any existing issues.. Duringconstruction it is important to follow New York State Standards and Specifications for Erosion and Sediment Control to minimize disturbance to the site and bluff. Avoid putting any irrigation lines or pipes to discharge gray water uear/on the top of the bluff. Any intentional discharge of water over the bluff is not recommended and can speed up the erosion process for the bluff. There is a. wooden deck present at the tow of the bluff, in between the two bulkheads,which seems to be in stable condition. There is currently no existing issues in the area of the proposed 6 foot fence. The area is very well vegetated and there seem to be no signs of runoff towards the bluff. PROPE&TY CT-/DESCRIP QN: The subject property is located on a conforming 52,413 square foot parcel (36,702 square foot buildable laud) in the Residential R-40 Zoning District. The northerly property line measures 344.00 feet and the easterly'property line measures 142.38 feet and is adjacent to Little Peconic Bay,the southerly property line measures 235.30 feet and is adjacent to East Club Drive which is an unimproved Right of Way that provides pedestrian access to Little Peconic Bay by way of a footpath. The westerly property line is 190.33 feet and is adjacent to Nassau Point Road. The property is improved with a one- and one-half story framed residence with a one story one car garage located in the northerly front side yard as shown on the survey map prepared by John T Metzger,LS dated May 1,2020. BASIS QF APPLICATI ° Request for Variances from Article IV, Sections 280-18, Article XXII, Section 280- 105A and 280-116A(l): and the Building Inspector's August 10, 2020, Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling and construct a six (6) feet high fence; at 1) located less the code required minimum side yard setback of 15 feet; 2) located less than the coded required minimum 100 feet from the top of the bluff, 3) fence is more than the code permitted maximum four(4)'feet in height when located in the front yard;located at: 6485 Nassau Point.Road,(Adj.to Little Peconic Bay)Cutchogue,NY. SCTM#1000-111-13-11. RELIEF REQUESTED: The applicant requests variances to construct additions and alterations to existing single- family dwelling and to construct a six(6)foot high fence in the front yard. The location of the proposed dwelling addition is located at 36 feet from the top of the bluff where the Town Code does not allow improvement to be made at less than 100 feet from the top of the bluff;and the proposed side yard setback is 10.7 feet where the code requires a minimum of 15 feet side yard setback. Lastly, the proposed six feet high fence is not permitted in the front yard,where the code permits front yard fences not to exceed four feet in height. ADDITIONAL INFO QN; The surrounding shoreline community was developed before the code changes in 2004 which first introduced the 100-foot bluff setback under the Town Wetlands Code(Chapter 275). In 2015 and 2017 the code extended the 100-foot bluff setback set forth in Town Zoning Code(Chapter 280)to bay bluffs; and zoning variances and/or wetland permits were required for nonconforming dwelling reconstruction and/or expansion subsequent to those code changes. The existing dwelling was built in 1957 and located 33 feet from the bluff. A preexisting property located four properties to the north is located approximately 23 feet from the bluff. The applicant's representative submitted several prior ZBA decisions for properties in the area which granted reduced setbacks to the top of the bluff as follows: Appeal No. 6929,May 1.9,2016,for a deck addition located 20 feet from the bluff;Appeal No. 7003,December 15,2016 dwelling situated 34 feet from the top of the bluff; Prior relief for six feet high fences in the front yard has been granted to property owners as demonstrated in Appeals #2649 and # 7171. The applicant's representative explained that need for this sort of relief has become more relevant since foot paths and rights of way were created by the founders of Nassau Point for the purpose of improving,community access to the Bay.The applicant will install a new Innovative Advanced(IIA)Septic System more than 100 feet distance from the bluff and the old system will be removed Page 3,November 19,2020 #7434,Weiland Received v SCTM No. 1000-111-13-11 JAN 2 a 2026 The applicant's representative submitted an amended site plan, last revised October 14, 2020 depicting a minor change to the proposed I/A sanitary systems as required by the Suffolk County Depart}�@f ffga1* $Oroip;eals FINDINO Q_F FACT/MASONS FOR BOARD N' The Zoning Board of Appeals held a public hearing on this application on November 5,2020 at which time written and oral evidence were presented. Based upon all testimony,documentation,,personal inspection of the property and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town,Law 267-b b Grant of the variances will not produce are undesirable change in the character of the neighborhood or a detriment to nearby properties. The neighborhood has granted similar relief to applicants in the past. This waterfront community has gone under a huge transformation with additions and alterations ongoing throughout the neighborhood. The request for additions and alterations to the preexisting one,and one-half story dwelling less than the 100 feet from the crest of the bluff and less than 15 feet from the northerly side lot line is consistent with the relief for other residences in the area that has been previously granted by this Board of Appeals. 2. 'Town Law 267-b 3 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 proposed additions and alterations to the existing dwelling is consistent to the existing non-conforming setbacks. 3. Town Law 267-b 3 . The variances granted herein are mathematically substantial,representing a total of 68.3% relief from the code for top of bluff setback and 28.6% for side yard setback. However, the existing setback from the bluff is 36 feet where the code requires 100 feet and the side yard setback requires 15 feet when the existing setback is 9.5. The proposed expansion will remain in line with and not encroach further upon the existing bluff setback and side yard setback. The variance relief for the proposed 6-foot-high fence is substantial representing 100% relief from the code. However, the proposed privacy fence would be constructed along the subject property's functional side property line, which has been designated as a front yard,because it is adjacent to a private Right of Way. This"frontage" is in fact a narrow foot path that is grassy and leads to steps to the beach. for homeowners in the neighborhood association. 4. lo,w n Lawry 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. There should be no adverse impact on the only directly affected property to the north because the dwelling's existing partial upper story is already located 9.5 feet from the northerly lot line, so the northerly limit of the propose dormer addition would be set 1.2 feet farther from the lot line and will not increase the overall height of the dwelling. S. lawn Lawv 267-b 3 b . The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purcham 6. Town Lawy 267-mow. Grant of or the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a additions and alterations and a 6 foot high fence while preserving and protecting the character of the neighborhood and the health,safety and welfaro of the community.. RBS ION OF M BQ 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 Weisman (Chairperson), and duly carried,to Page 4,November 19,2020 Received #7434,Weiland SCTM No. 1000-111-13-11 .JAN 2 9-2026 61 GRANT the variances as applied for,and shown on the Site flan(Sheet SP1)prepare ,b N;' aT li It P.C., last revised October 14, 2020, and Architectural Plans (Exterior t1evations A-401 & A-402) prepared by Nida Chesonis Lee,Architect,dated July 10,2020. 511BJECT TO nffi F OL W-IM COND1T10NS: 1. The applicant shall install an Innovative Advanced OWT Sanitary system as certified by the Suffolk County Dept of Health Services. 2. Prior to receiving a building permit,the owner(s)of the subject property cited herein must sign a statement acknowledging that he/she/they have read this determination; understand the limits of the variance relief granted herein; and are aware that if a demolition occurs during construction,or any construction undertaken exceeds the scope of the approvals granted herein,the Zoning Board of Appeals retains jurisdiction and has the right,after a public hearing,to modify,suspend or revoke such approvals or any term or condition thereof or to impose thereon one or more new conditions, pursuant to Article XXV,Section 280-141 of the Town Code. 3. This approval shall not be deemed effective until the required conditions have been met;and failure to comply therewith will render this approval null and void That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variances)granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. In the event that this is an approval subject to conditions, the approval shall not be deemed effective until such time that the foregoing conditions are met; and failure to comply therewith will render this approval null and void. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may,upon written request prior to the date of expiration, grant an extension not to exceed three(3) consecutive one (1)year terms. Vote of the Board: Ayes:Members Weisman(Chairperson),Acampora,Dantes,Lehnert,and Planamento(5-0). c lie es Weisman,Chairperson Approved for filing /2020 DECLARATION OF COVENANTS 06 JAN 2 9-2020 S'- Zoning Board of Appeals THIS DECLARATION made this_s___day of M ar c k ,2021,by Jane G.Weiland, f/k/a Jane Gartenberg Cummins,residing at 6485 Nassau Point Road,Cutchogue,NY 11935,hereinafter referred to as"DECLARANT": WITNESSETH: WHEREAS,DECLARANT is the owner of certain real property located at 6485 Nassau Point Road,Cutchogue,Town of Southold, County of Suffolk, State of New York,described in the Suffolk County Tax Map as District 1000, Section 111,Block 13,Lot 11, which is more particularly bounded and described as set forth in Schedule "A" annexed hereto,hereinafter referred to as the Property; and WHEREAS,the Property is situated on lands within the jurisdiction of the Board of Trustees of the Town of Southold(hereinafter the"Trustees")pursuant to Chapter 275 of the Town Code of the Town of Southold or its successor,and various activities conducted upon the property may thus be subject to the regulation and approval of the Trustees prior to being conducted; and WHEREAS,the DECLARANT therefore made application to the Trustees for a permit pursuant to the Wetlands Law of the Town of Southold to undertake certain regulated activities;and WHEREAS,on January 20,2021,the Trustees approved the application and issued a permit with terms and conditions;and WHEREAS,the issued permit,terms and conditions of the permit,as well as the site plan prepared by Jeffrey T.Butler,P.E.,P.C.,last dated October 14,2020,and stamped approved on January 20,2021, upon which the permit is based,are annexed hereto as Schedule`B;'and WHEREAS, as a condition of the granting of a Wetlands Permit to undertak a activities,the Trustees required that a ten-foot wide"non-turf buffer"be established with Al 2026 vegetation and maintained adjacent to the top of bluff;and Zoning Board of Appeals WHEREAS,the DECLARANT has considered the foregoing and has determined that the same will be for the best interests of the DECLARANT and subsequent owners of the Property. NOW, THEREFORE,the DECLARANT does hereby covenant and agree as follows: 1) Upon the substantial completion of the aforementioned permitted activities there shall be established with native vegetation and perpetually maintained adjacent to the top of bluff, a ten-foot wide"non-turf buffer"as defined by Chapter 275 of the Town Code,as depicted on the site plan prepared by Jeffrey T.Butler,P.E.,P.C.,last dated October 14,2020,and stamped approved on January 20,2021. 2) The DECLARANT shall at all times comply with the Terms and Conditions of the permit, a copy of which is attached hereto in Schedule`B"annexed hereto. 3) These covenants shall run with the land and shall be binding on the DECLARANT, her heirs,assigns,purchasers,or successors in interest and may be modified only upon resolution of the Board of Trustees. (THIS SPACE LEFT BLANK INTENTIONALY) 2 Received w JAN 2 9�2026 Zoning Boar f rpeals IN WITNESS WHEREOF, the owner has duly executed this instrument this cry of 2021: " rl� iat k Weiland f/k/a Jane Gartenberg Cummins STATE OF J\)e— rbr)Q COUNTY OF N�1S ss: On the _day of Lr , ,in the year 2021,before me the undersigned, a Notary Public in and for said State, personally appearedla:b &. ,"!N `g a. Jane Gartenberg Cummins personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument,the individual or the person on behalf of winch the individual acted, executed the instrument. =Public HASSEL ate of New York 6349704Nei Public ssau CounEy ires Oct 24,Wi,4 3 u Received SCHEDULE A JAN 2 9-2026 Zoning Board ,of Appeals All that certain plot,piece or parcel of land, situate, lying and being in Town of Southold, County of Suffolk and State of New York known and designated as Lots 46 and 47 on amended map of Nassau Point and filed in the Office of the Clerk of the County of Suffolk on August 16, 1922 as Map No. 156, said lots are bounded and described as follows: BEGINNING at a point on the easterly side of Nassau Point Road, said point being at the intersection formed by the northerly side of East Club Road with the easterly side of Nassau Point Road; RUNNING THENCE on the easterly side of Nassau Point Road on a tie line course and distance of North 15 degrees 40 minutes 40 seconds West 190.33 feet to a point; THENCE North 78 degrees 36 minutes 20 seconds East 305.00 feet(deed), 344.00 feet(survey),to a point; THENCE South 9 degrees 27 minutes East 141 feet(deed), South 5 degrees 5 minutes 03 seconds East 86.24 feet(survey)to a point on the north side of East Club Road; THENCE South 79 degrees 38 minutes west along said road 56.0 feet(deed), 86.24 feet(survey),to a point; THENCE the following tie line course and distance still along said road, South 66 degrees 26 minutes West 235.30 feet to appoint on the easterly side of Nassau Point Road the point or place of BEGINNING,. 4 ? oceived 617.20 JAN 2 9-202fi Appendix B Board of APPea" 1n;�ekruticlra for Completing Short Environmental Assessment Form Zoning )Ob 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 I 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 Krista Jones on behalf of Jane Weiland Name of Action or Project: 6485 Nassau Point Road - Pool Installation Project Location(describe,and attach a location map): 6485 Nassau Point Road - Pool Installation in the sideyard Brief Description of Proposed Action: Install an in-ground pool in the side yard of the property 60' from the top of the bluff. Name of Applicant or Sponsor: Telephone:631-335-8175 Krista Jones E-Mail:m i I Istonep rope rtyservices @ g Address: 3685 Elijahs Lane City/PO: State: Zip Code: Mattituck NY �11952 1.Does the proposed action only involve the legislative adoption of a plan, local law,ordinance, rNO YES administrative rule,or regulation? 10 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? I_YES If Yes, list agency(s) name and permit or approval: 3.a.Total acreage of the site of the proposed action? 1.10 acres b.Total acreage to be physically disturbed? 0_0f07 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 1.10 acres m 4„ Check-all land us at occur on,adjoining an ar the propffj action. Urban Rural(non-agriculture) ]ndustrial Commercial Residential (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? ✓ b.Consistent with the adopted comprehensive plan? �� landscape?6. Is the proposed action consistent with the predominant character of the existm built or natural NO YES p .Id ✓ 7. is the site of the proposed action located in, or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes, identify 8. a.Will the proposed action result in a substantial increase in traffic aboveZM109IBOW of Appeals NO YES I ✓ I b.Are public transportation service(s)available at or near the site of the proposed action? ✓ 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 .................. i 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: 11. Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: ✓ 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 [NOYES 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? 961 If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: _. ........ 14. ntify the typio bitat types that oe n,or are likely to be found on t"Mroject site. Check all that apply: ✓ Shoreline Forest Agricultural/grasslands 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? ✓ 16.is the project site located in the 100 year flood plain? NO YE=U 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO If Yes, a. Will storm water discharges flow to adjacent properties? ✓ NO DES b. Will storm water discharges be directed to established conveyance systems f'fan�TS drains)? If Yes, briefly describe: ZNO Page 2 of 4 18. Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond, waste lagoon, dam)? If Yes,explain purpose p se and size; 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? .JAN 2 9-2026 If Yes,describe: •Ap 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? 1f Yes,describe: I I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor tr 'ISHA S Date01/21/25 �. Signature: .... Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur l. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? El 0 i. Will the proposed action impair the character or quality of the existing community? El 0 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit, biking or walkway? 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: a. public/private water supplies? b. public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? El El 9_ Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, El waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 Received No,or Moderate JAN 2 9-2026 small to large impact impact Zoning Board of Way may hI r occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage El 1:1 problems? 11. Will the proposed action create a hazard to environmental resources or human health? 0 El 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. Town of Southold-Board of Trustees ........... _...... _ _.._....._.�.. Name of Lead Agency Date President Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Pre parer if different from,.. c g p � y g p (' from Responsible Officer) PRINT Page 4 of 4 'S' l.co APPLICANT/AGENT/REPRESENTATIVE Received TRANSACTIONAL DISCLOSURE FORM JAN 2 9-2026 T wp oE&.uth2ld'j QRSLe of Mja,K2hihit§ wa cers and emnIgMi,1he Ibis form vide inform, io i ts oniffiell gf jotemst @BA—allow it to Appeals neoessarr to avoid game. YOUR NAME: Garten1ber ummins. Jade l A Weiland, J�an (Last name,first name,jriddle 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 X 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 employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO � _. If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee.Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): A)the owner of greater than S%of the shares of the corporate stock of the applicant (when the applicant is a corporation); _ B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation); C)an officer,director,partner,or employee of the applicant;or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this day of rz 20 2 (p Signature s Print Name Form IS 1 Received aJAN 2 9 2026 APPLICANVOWNER TRANSACTIONAL DISCLOSURE FORMning Board of Appeals The T2na gL5oUdIold1j Codo,of Eithics.grobibijA confliclfi qQnjjrysth w art wn ffi ers and I ,w.The IluERoslof this forM is 19 govideinform ti n which can alert the.tq&jl of gassibic-c2nflic of interest and alla it!it!2 take whatever alfign i necessary to avoid some. YOUR NAME : Weiland,Jane (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION:(Check all that apply) Tax grievance Building Permit Variance X Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) Q an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this day of YN 0 Signature gym. Print Name:m n d rlu;. v P�:iii. 5[j: Yor k sy I+v C_n 71 Board otZoning Appeals AwDlication . ece OWNER'S AUTHORIZATION JAN 2 0,2020 (Where the Applicant is not the Owner) Zoning Board o� Appeals I, Jane Weiland residing at 62A6 I) 61 _� � (Print property owner's name) (Mailing Address) C ITC V1(; °L U' -6' do hereby authorize Krista Jones (Agent) to apply for variance(s)on my behalf from the Southold Zoning Board of Appeals. By signing this document,the Property Owner understands that pursuant to Chapter 280- 146(B)of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured,and/or a subdivision map has not been filed with the Suffolk County Clerk,within three(3)years from the date such variance was granted. The Board of Appeals may,upon written request prior to the date of expiration,grant an extension not to exceed three(3)consecutive one(1)year terms. IT IS THIE PROPERTY OWNER'S RESPONSIBILITY"TO ENSURE COiN�""LIANCE WITH THE CODE REQJUIRE1)TIE1 E FRAME DESCRIBED HEREIN. (Owner's Signature) Jane Weiland (Print Owner's Name) 2021, AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The!own of&uthold's Code of Ethics twohibits conflicts of interest on the part of tgwn officers and gmplovecs.The purpose of this form is to orovide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. 9 / V-I Receive(d YOUR NAME : I�', PLV (Last name,first name,middle initial,unless you are applying in the name of someone else or other entiity,such as a company.If so,indicate the other person's or company's name.) JAN 2 9-2026 TYPE OF APPLICATION: (Check all that apply) Zoning Board 0� Appeals Tax grievance Building Permit Variance k- Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5% of the shares. I / YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) - A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) Q an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this day o 20_W2-� Signature .......... I N, Print Name Town of Southold ReceNRO' LWRP CONSISTENCY ASSESSMENT FORM JAN 2 9`2026 A. INSTRUCTIONS Zoning Board bf Appeals 1, All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area which includes all of Southold Town. 3. If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus each answer must be explained in detail listing both supporting and non- supporting facts. 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 _111 _13-11 PROJECT NAME 6485 Nassau Point Road, Cutchogue The Application has been submitted to (check appropriate response): Town Board Planning Board F1 Building Dept. 11 Board of Trustees l. 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: Nature and extent of action: pool installation Location of action: 6485 Nassau Point Road, Cutchogue Site acreage: 1.10 Present land use: residential, single-family Rece Present zoning classification: R-40 JAN t 2. If an application for the proposed action has been filed with the Town o? h8P&r;9g 4p dW I€ollowing information shall be provided: (a) Name of applicant: Krista Jones (b) Mailing address: 3685 Elijahs Lane, Mattituck, NY 11952 (c) Telephone number: 175 631-335- Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes 1:1I No z If yes, which state or federal agency? C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. 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 LNV" Section III—Policies; Page 2 for evaluation criteria. Z✓ Yes El No Not Applicable The intended proiect will enhance a stable residential area by improving ro ert value. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria El Yes E:] No Z Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout th'Je' 'T wgcauthold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria Zoning Board of Appeals 21 Yes No1:1 Not Applicable This project will include additional vegetation that will screen components of development and a d to the indigenous vegetation. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria El Yes 1:1 No ZNot Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III — Policies Pages 16 through 21 for evaluation criteria Yes E No ONot Applicable AttacH additional s eets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. Yes No [?] Not Applicable cep ri JA Zoning Board of A Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. Yes R No Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. sa Yes L1 No Z Not Applicable 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. Ye No[:] Not Applicable This project includes installation of a fence to protect and delineate the public right of way that provides access to the Little Peconic Bay shoreline. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations.ons. See LWRP Section III Pages 47 through 56 for eva uMceive(l n criteria.teria. E]Yes E No FJ Not Applicable Zoning Attach additional sheets if necessary Policy It. 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 0 No ZNot Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages 62 through 65 for evaluation criteria. Yes No ZNot Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. 0Yes No Z Not Applicable PREPARED BY Krista Jones TITLE Agent DATE 01/21/26 P4 J!�� 1"TOWN OVI��OUTHOLD, RD l- OWNER STREET � � VILLAGE, DISTRICT,, SUB; .LOT �T h E ACREf�GE FORMER�OWNER ��,. . N 1, ` �� t l�/.� S V/ TYPEbF BUILDING y RE S ; 'SEAS. VL FARM COMM. IND„ CB� MISC. - REMARKS LAND IMP_ TOTAL DATE ! r -7 - (Yl- I C .'Yam' /0 �"'� ff nf� n 111 NEW NORMAL I BELOW -- 'ABOVE F Acre. ` Value Per Acre Value Farm ��r Z ,,� u Tillable } Tillable 2 l Tillable 34. z Woodland / � � t� ���, A % � �` - � I r �i t SwamplandED e�e I Brushl ' I o d ` 1 � yQa 4 �cs=� z b House Plot 9 O 3 E i f j e i { A., I AE I --.- S ' - N e i t 111,13-11 3/13 _ b : 7 E M. Bld 9 T Foundation Bath tension r Basement Floors - / ,fig K iN t , tesn , L = �� _ `�©<F �� � Ext. Walls Interior Finish o mz, io Fire Place E Extension = - °1� �r 0 orch i N Attic 1 O. p . ` a1 Porch Rooms ]st Floor CC w i0E � Patio Rooms 2nd Floor . Driveway I g Garage _ _ �a 0. B f r 1 c r � COLOR x f s - 60L e p 1V 6 , 1 I Y 1 - 36 0 S rs 3 - 13 111.43-11 2/ /2024 - - - 80. FT. Fn,B 1 s1 RoOr�LlY 2nd Floor f" TOTAL :T��) M:Bldg: Foundation OTHER Bath . S Dinette - �.._ ._ - FULL _ 7 BasementSLA® Floors Kit_ f Finished B. ' Interior Finish �� L.R= � � eln 1 � � FP I WBS Heat PT j� D R. / #� Garage Ext,Walls Dormer Baths . lPatia ' rtS c.. Root ��� ;r t k!i �� � Fain. Rm. Fool ia�w3 Solar �xx ' Am Aim _ - Sa�7_136 ef -7 7 A o La O.B. 0- Dock �' ��� /3O13a�`